a.

Metropolitan districts (districts) organized under C.R.S. title 32, art. 1 (the Special District Act), under appropriate circumstances, provide an economic alternative to the development of municipal infrastructure at the expense and risk of the city. The provisions of this chapter are intended to provide procedures for the processing and review of proposals for formation of new districts and to define the restrictions and limitations which may be imposed by the city as a condition to the approval of such districts consistent with the policy and intent of this chapter.

b.

The adoption of the ordinance from which this chapter is derived is necessary, requisite and proper for the government and administration of local and municipal matters pursuant to the city's home rule powers granted by article XX of the Colorado Constitution. The city council specifically finds that the determination of whether to use districts to provide for the development of capital facilities and incurring of debt to finance such facilities is purely a matter of local concern and shall determine the merits of allowing the formation of a district for development of municipal infrastructure to allow a district on a case-by-case basis.

(Ord. No. 9, 2023 meeting, app. A(24-1201), 3-21-2023)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board means the board of directors of a district.

District means a metropolitan district proposed to be established and organized under the Special District Act whose service plan is to be approved by the city under applicable state law, and also means any existing metropolitan district that is located wholly within the corporate limits of the city as of the effective date of the ordinance from which this chapter is derived.

Petitioners means those persons proposing the formation of a district, a service plan for a district or an amendment to an approved service plan of a district.

(Ord. No. 9, 2023 meeting, app. A(24-1202), 3-21-2023)

The city reserves all the powers and authority granted to municipalities by the Special District Act. The provisions of this chapter shall be construed and applied to supplement the applicable provisions of the Special District Act and, to the extent provided herein, supersede the Special District Act pursuant to the home rule powers granted the city by article XX of the Colorado Constitution.

(Ord. No. 9, 2023 meeting, app. A(24-1203), 3-21-2023)

A district shall only be permitted to construct those capital and infrastructure improvements which are identified within an approved service plan, which may include, but are not limited to, required off-site improvements and/or improvements required by section 24-1055.

(Ord. No. 9, 2023 meeting, app. A(24-1204), 3-21-2023)

A district proposed to issue less than $7,000,000.00 of authorized debt will not be considered.

(Ord. No. 9, 2023 meeting, app. A(24-1205), 3-21-2023)

The service plan shall contain language that prohibits the district from exercising the power of eminent domain. However, the city may choose to exercise its power of eminent domain to construct public improvements within the district, in which case the district and the city will enter into an intergovernmental agreement concerning the public improvements and funding for that use of eminent domain.

(Ord. No. 9, 2023 meeting, app. A(24-1206), 3-21-2023)

A district may be permitted to apply for grant funds for which the city is also eligible only after review and approval by the city council of the application for said grant proposal by the district.

(Ord. No. 9, 2023 meeting, app. A(24-1207), 3-21-2023)

As part of any sale of real property located within a metropolitan district, there shall be a written disclosure statement which accompanies the sales transaction that identifies and describes the increased property tax burden of the property due to its location in the metropolitan district. Notices of disclosure shall be provided as follows:

a.

The metropolitan district will use reasonable efforts and due diligence to cause each developer and home builder to provide a notice of disclosure to the buyer at the time of entering into the purchase contract and obtain the home buyer's signed acknowledgment of the notice of disclosure. The notice of disclosure shall describe the impact of the district mill levy and fees, general purpose of the metropolitan district, and financial impact on each residential property and shall specifically provide the information required by C.R.S. § 38-35.7-110, as amended from time to time.

b.

The metropolitan district shall record the notice of disclosure for each property within the district with the county at the time the plat is recorded. The metropolitan district shall record the notice of disclosure for each property prior to any building permits for the subdivision being issued if the subdivision plat has already been filed. The metropolitan district shall provide the city with a copy of such notice of disclosure if the subdivision plat has already been filed with the county. The notice of disclosure shall include the maximum mill levy that may be assessed and associated taxes that may be imposed on the property for each year the district is in existence and all information required by C.R.S. § 38-35.7-110, as amended from time to time.

c.

The metropolitan district will use all reasonable efforts and due diligence to cause the developer or home builder to provide information to potential residential buyers by furnishing information describing the key provisions of the approved district to the developer or home builder for prominent display at all sales offices, and by inspecting the sales offices within the district's boundaries on a quarterly basis to ensure the information provided is accurate and prominently displayed. Such information shall include the maximum mill levy and associated taxes and fees that may be imposed on each property for each year the district is in existence, and a description of the improvements that are or have been paid for by the district.

(Ord. No. 9, 2023 meeting, app. A(24-1208), 3-21-2023)

As part of the city review and approval of all proposed districts, a written notice from the city shall be forwarded to each existing special district located within the proposed district's boundary at least 30 calendar days prior to the public hearing. The purpose of the notice is to afford the special districts the opportunity to provide comment about the proposed district and any adverse impacts, including the district's proposed financing and mill levy, which the existing special district anticipates may arise from the district due to its anticipated development and its proposed location.

(Ord. No. 9, 2023 meeting, app. A(24-1209), 3-21-2023)

a.

The application and processing fee for the city to review the creation of a district and service plan shall be set periodically by the city manager at a rate to recover administrative review expenses as well as reasonable direct costs incurred by the city related to such district and plan review, including, but not limited to, costs of the city's bond counsel.

b.

All owners of real property within any district shall be required to pay any and all applicable city fees, costs and expenses, including, but not limited to, building and development fees that apply to all properties city-wide.

(Ord. No. 9, 2023 meeting, app. A(24-1210), 3-21-2023)

Not later than September 1 of each calendar year, each district shall file an annual report (the annual report) with the city clerk, the requirements of which may be waived in whole or in part by the city council, if such reporting requirements place an undue hardship on such district. The annual report shall reflect activity and financial events of the district through the preceding December 31 (the report year). The annual report shall include the following:

a.

A narrative summary of the progress of the district in implementing its service plan for the report year;

b.

Except when exemption from audit has been granted for the report year under the Local Government Audit 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 or a copy of the audit exemption application;

c.

Unless disclosed within a separate schedule attached to the financial statements, a summary of the capital expenditures incurred by the district in development of public improvements in the report year, as well as any public improvements proposed to be undertaken in the five years following the report year;

d.

Unless disclosed within a separate schedule attached 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 debt, the amount and terms of any new debt issued in the report year, the amount of payment or retirement of existing debt 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;

e.

A summary of residential and commercial development in the district for the report year;

f.

A summary of all fees, charges and assessments imposed by the district as of January 1 of the report year;

g.

Certification by the board of directors that no action, event or condition enumerated in section 24-1219 has occurred in the report year; and

h.

The name, business address and telephone number of each member of the board of directors and its chief administrative officer and general counsel, together with the date, place and time of the regular meetings of the board of directors.

(Ord. No. 9, 2023 meeting, app. A(24-1211), 3-21-2023)

Annually, the city council, at a regular public meeting, may review the annual reports received from each district. In the event the annual report is not timely received by the city clerk, notice of such default shall be given by certified mail by the city clerk to the board of directors of such district at its last known address. The failure of the district to file the annual report within 45 calendar days of the mailing of such default notice by the city clerk shall empower the city council to impose the sanctions authorized in section 24-1225. The remedies provided for noncompliance with the filing of the annual report shall be supplementary to any remedy authorized by the Special District Act.

(Ord. No. 9, 2023 meeting, app. A(24-1212), 3-21-2023)

Petitioners shall initiate a service plan proposal by scheduling a meeting with designated city staff representatives to discuss the procedures and requirements for a service plan. The city representative shall explain the administrative process and provide information to assist petitioners in the orderly processing of the proposed service plan.

(Ord. No. 9, 2023 meeting, app. A(24-1213), 3-21-2023)

a.

Petitioners shall file a proposed service plan electronically with the community development department. The proposed service plan shall substantially comply with the format of any model service plan which is maintained on file with the city.

b.

Copies of the service plan and intergovernmental agreement, including supporting information as required in section 24-1215, together with a nonrefundable application fee, as established by resolution of the city council, shall be forwarded to the community development department at 1100 10th Street, Greeley, Colorado 80631. The applicant shall pay all reasonable fees and expenses incurred by the city if the city chooses to retain outside financial, legal, accounting, feasibility, or other expertise to assist in the review of the application or service plan.

c.

If a proposed metropolitan district submits application documents that deviate from the form or content of the model service plan and model intergovernmental agreement, the documents will be reviewed by the city's financial and legal consultants at the applicant's expense.

d.

A copy of the proposed petition to be filed with the district court must be included with the proposed service plan filed with the city.

e.

The formal application and application fees must be received by the city no later than the third Tuesday of December in the preceding year for a spring election (May) or the third Tuesday of May for a fall election (November). The city cannot commit to timely processing of applications submitted after these dates for their respective elections.

(Ord. No. 9, 2023 meeting, app. A(24-1214), 3-21-2023)

a.

Form of application. Any request for approval of a metropolitan district within the city's boundaries shall be in the form of a formal application as follows:

1.

A document designated as a "service plan" utilizing the model service plan approved by the city council which shall contain:

(a)

The information required under C.R.S. § 32-1-202(2), and section 24-1055.

(b)

A map of the proposed district boundaries with a legal description or lot and block description.

(c)

An itemization of any costs which petitioners expect to be assumed by the city for the construction and maintenance of public improvements and the timing of said public expenditure.

(d)

Proof of ownership for all properties within the district.

(e)

A copy of any and all proposed, contractual and/or operations documents which would affect or be executed by the proposed district, including the form of any intergovernmental agreement between the district and the city.

(f)

A statement that the proposed metropolitan district shall not provide any ongoing governmental services, without the specific approval of the council, as evidenced by a council resolution, after a public hearing on the matter has been held, either at the time of adoption of the service plan or subsequent thereto.

(g)

A copy of any and all of the proposed enabling, controlling, contractual and/or operations documents that would affect or be executed by the proposed metropolitan district, including the intergovernmental agreement between or among the metropolitan district, the city, or any other government, authority or district.

(h)

Statements regarding community engagement that ensure that residents have adequate opportunity to participate in metropolitan district meetings and remain apprised of the metropolitan district's operations and functions through a public website.

(i)

A statement that the district shall not be authorized to impose, receive, collect, or pledge to any indebtedness of the district a public improvement fee (PIF) unless otherwise approved by the city.

(j)

An assurance that the city would be provided with written notice of the date of hearing on the petition that the proponents would intend to tender to the district court.

(k)

A written intergovernmental agreement with the city in the form of the model intergovernmental agreement approved by the city manager, to be approved subsequent to the city council's adoption of a resolution approving the service plan and the city's approval of a conceptual site plan for the development within the proposed metropolitan district boundaries, which shall specify:

1.

The inclusion of properties within or the exclusion of properties from the boundaries of the metropolitan district;

2.

The refunding of any of the metropolitan district's outstanding bonds which would extend the maturity of the outstanding bonds or increase the total debt service.

3.

Any increase in the maximum debt mill levy or maximum operating mill levy above the cap.

4.

The consolidation with any other special district pursuant to C.R.S. § 32-1-101 et seq.

5.

The acquisition, ownership, management, adjudication or development of water rights or resources.

6.

Application for grants or other state or federal grants.

7.

Provision of services to properties outside the boundary of the city.

8.

Bond documents may not provide acceleration of debt against the issuer as a remedy.

9.

The authority to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities or services.

10.

The operation and maintenance of any part or all of the public improvements.

(l)

In addition, the intergovernmental agreement shall contain the following provisions:

1.

Requirements for dissolution of the district upon the accomplishment of the purposes and undertakings for which the metropolitan district was formed. If the metropolitan district was only created for construction of public improvements, it shall dissolve when all outstanding debt is paid. If the metropolitan district was created for providing services or maintenance functions, the metropolitan district may continue so long as those services are provided.

2.

Acknowledgement by the metropolitan district that the city shall not be limited in implementing council or voter approved growth limitations, even though such actions may reduce or delay development within the metropolitan district and the realization of metropolitan district revenue.

3.

All activities by the metropolitan district will be subject to all of the city's zoning, subdivision, building code and other land use requirements.

4.

No telecommunication facilities owned, operated or otherwise allowed by the metropolitan district shall affect the ability of the city to expand its telecommunication facilities or impair existing telecommunication facilities.

5.

If there is a reimbursement agreement approved for public improvements installed by the district, all reimbursed funds shall only be used by the district to repay debt service.

6.

All limitations contained in the service plan, including, but not limited to, those pertaining to the maximum debt mill levy, maximum debt mill levy imposition term, and maximum operating mill levy:

i.

Shall not be subject to set-aside for any reason or by any court of competent jurisdiction, absent a service plan amendment; and

ii.

Are, together with all other requirements of state law, including in the "political or governmental powers" reserved to the state under the U.S. Bankruptcy Code (11 U.S.C.) section 903, and are also included in the "regulatory or electoral approval necessary under applicable nonbankruptcy law" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code section 943(b)(6). Any debt that exceeds the maximum debt mill levy and the maximum debt mill levy imposition term shall be deemed a material modification of this service plan pursuant to C.R.S. § 32-1-207, and shall not be an authorized issuance of debt unless and until such material modification has been approved by the city as part of a service plan amendment. The city shall be entitled to all remedies available at law to enjoin such actions of the district.

7.

The district is not authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain television relay and translation facilities and services.

8.

Public improvements will be designed and constructed in accordance with the standards, specifications, and approval of the city and any other governmental entities having proper jurisdiction.

9.

Prior to the issuance of any privately placed debt, the district shall obtain the certification of an external financial advisor.

10.

The district shall not exercise its city sales and use tax exemption.

(m)

Provisions that the metropolitan district shall take all action necessary to dissolve, pursuant to C.R.S. § 32-1-701 et seq., upon an independent determination of the council that the purposes for which the metropolitan district was created have been accomplished, whereupon council shall adopt a resolution, after a public hearing thereon, stating that the proposed metropolitan district shall be dissolved; provided, however, that minimum and maximum time limits upon the council's determination may be set forth in the service plan.

(n)

Statements that the proposed metropolitan district will be subject to all of the city's zoning, subdivision, building code and other land use requirements.

(o)

If multiple metropolitan districts are proposed to serve different areas of one development, a statement of how the multiple district structure will operate and an assurance that no single district will retain control of all financial decisions for all the districts. Under limited and justified circumstances, the city may, in its sole discretion, permit a single district within a multiple district structure to have some reasonable controls for the sole purpose of ensuring the completion of a very large and complex development. The service plan shall include statements justifying the need for such a district and what reasonable controls the district requires.

(p)

Under certain circumstances for large, multiphase developments with long anticipated timeframes for build-out, the city may require, in its sole discretion, statements that specify and limit improvements financed by different areas and/or phases of the development in order to ensure an equitable distribution of public improvement costs.

b.

A capital plan including the following:

1.

A description of the type of capital facilities to be developed by the district;

2.

An estimate of the cost of the proposed facilities; and

3.

A pro forma capital expenditure plan correlating expenditures with development of district infrastructure.

c.

A financial plan including the following:

1.

The total amount of debt issuance planned for the five-year period commencing with the formation of the district;

2.

All proposed sources of revenue and projected district expenses, as well as the assumptions upon which they are based, for at least a ten-year period from the date of the district formation;

3.

The dollar amount of any anticipated financing, including capitalized interest, costs of issuance, estimated maximum rates and discounts and any expenses related to the organization and initial operation of the district;

4.

A detailed repayment plan covering the life of any financing, including the frequency and amounts expected to be collected from all sources;

5.

The amount of any reserve fund and the expected level of annual debt service coverage which will be maintained for any financing;

6.

The total authorized debt for the district;

7.

The provisions regarding credit enhancement, if any, for the proposed financing, including, but not limited to, letters of credit and insurance; and

8.

A list and written explanation of potential risks of the financing.

(Ord. No. 9, 2023 meeting, app. A(24-1215), 3-21-2023)

An administrative review team will review the applicant submittal along with any follow-up documentation that is requested in order to assess the application according to this policy and other appropriate city policy. Once the final review of the service plan by the city staff has been completed, a comprehensive analysis shall be made in written report form to the city council. The report shall evaluate the service plan and incorporate comments of the city staff as well as any consultants. The report shall set forth the recommendations made in accordance with the review criteria contained in section 24-1215.

(Ord. No. 9, 2023 meeting, app. A(24-1216), 3-21-2023)

Upon completion of the administrative report, a public hearing shall be scheduled for consideration at a regular city council meeting. Public notice shall be accomplished in accordance with the requirements of C.R.S. § 32-1-204.

a.

Any testimony or evidence which, in the discretion of the city council, is relevant to the organization of the district shall be considered.

b.

The city council shall apply the following criteria to consideration of the proposed service plan:

1.

Whether there is a sufficient existing and projected need for organized service in the area to be serviced by the proposed district;

2.

Whether the existing service in the area to be served by the proposed district is inadequate for present and projected needs;

3.

Whether the proposed district is capable of providing economical and sufficient service to the area within its proposed boundaries;

4.

Whether the area to be included in the proposed district has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis;

5.

Whether adequate service is not, or will not be, available to the area through the city or other existing quasi-municipal corporations, including existing districts, within a reasonable time and on a comparable basis;

6.

Whether the facility and service standards of the proposed district are compatible with the facility and service standards of the city;

7.

Whether the proposal is in substantial compliance with the city's comprehensive plan;

8.

Whether the proposal is in substantial compliance with the county, regional or state long-range water quality management plans and wastewater plans for the area;

9.

Whether the creation of the district will be in the best interests of the area proposed to be served;

10.

Whether the creation of the district will be in the best interests of the residents or future residents of the area proposed to be served;

11.

Whether the proposed service plan is in substantial compliance with this chapter; and

12.

Whether the creation of the district will foster urban development that is remote from, or incapable of being integrated with, existing urban areas, or place a burden on the city or adjacent jurisdictions to provide urban services to residents of the proposed district.

(Ord. No. 9, 2023 meeting, app. A(24-1217), 3-21-2023)

If, after consideration of the applicant's submitted materials, staff reports and public testimony at the public hearing, the service plan is approved, a resolution of approval of the service plan, either as approved or as approved with conditions, shall be adopted by the city council. The resolution of approval of the service plan shall include findings that conclusively establish that the service plan is in substantial compliance with this chapter and, in particular, the criteria found in sections 24-1215 and 24-1217. In all cases, the city council shall make findings for its determination of approval, approval with conditions or denial based on the criteria stated in section 24-1217.

(Ord. No. 9, 2023 meeting, app. A(24-1218), 3-21-2023)

In addition to any material modifications made to any approved service plan, the occurrence of any of the following actions, events or conditions, subsequent to the date of approval of the service plan or most recent amendment thereto, shall constitute material modifications requiring a service plan amendment:

a.

Default in the payment of principal or interest of any district bonds, notes, certificates, debentures, contracts or other evidences of indebtedness or borrowing issued or incurred by the district which:

1.

Persists for a period of 120 calendar days or more;

2.

The defaulted payment exceeds the lesser of $50,000.00 or ten percent of the outstanding principal balance of the indebtedness; or

3.

The creditors have not agreed in writing with the district to forbear from pursuit of legal remedies.

b.

The failure of the district to develop, cause to be developed or consent to the development by others of any capital facility proposed in its service plan when necessary to service approved development within the district.

c.

Failure of the district to realize at least 75 percent of the development revenues (including developer contributions, loans or advances, fees, exactions and charges imposed by the district on residential and commercial development, excluding taxes) projected in the financial portion of the service plan during the three-year period ending with the report year, provided that the disparity between projected and realized revenue exceeds $50,000.00.

d.

The development of any capital facility in excess of $100,000.00 in cost, which is not either identified in the service plan or authorized by the city in the course of a separate development approval, excluding bona fide cost projection miscalculations; and state or federally mandated improvements, particularly water, storm drainage and/or sanitation facilities.

e.

The occurrence of any event or condition which is defined under the service plan or intergovernmental agreement as necessitating a service plan amendment.

f.

The material default by the district under any intergovernmental agreement with the city.

g.

Any of the events or conditions enumerated in C.R.S. § 32-1-207(2).

(Ord. No. 9, 2023 meeting, app. A(24-1219), 3-21-2023)

Should the district dispute that one or more of the occurrences enumerated is a material modification, the district may, within 60 calendar days of notice by the city, and after consultation with city staff, request in writing a hearing before the city council. After hearing and receipt of any relevant information presented by the district and the recommendation of city staff, the city council shall make a finding as to whether such occurrence constitutes a material modification. In the event it is found that a material modification has taken place, the district shall submit its request for an amendment in accordance with this chapter, unless waived by the city council. Upon a finding that no material modification has taken place, the district shall be relieved from obtaining an amendment. The city council may, however, require a later amendment if the change or deviation, on a cumulative basis, subsequently becomes a material modification. In making its determination, the city council shall consider, among other relevant information, whether the modification will have a probable adverse financial impact on the city.

(Ord. No. 9, 2023 meeting, app. A(24-1220), 3-21-2023)

a.

Except as otherwise provided in the approved service plan and except when the city council has determined that no material modification has occurred pursuant to section 24-1220, within 90 calendar days of the occurrence of an action, event or condition enumerated in section 24-1219, the board of directors shall forward an appropriate petition to the city council for approval requesting a service plan amendment. The petition for amendment shall include:

1.

Any information or documentation required under the applicable provisions of the Special District Act;

2.

Any material changes since the service plan was last reviewed and approved by the city council to any of the information, assumptions or projections furnished in conjunction with the petition for approval of organization of a district or contained in the service plan;

3.

A detailed explanation of the activity, events or conditions which resulted in the material modification, including what action was taken or alternatives considered, if any, by the district to avoid the action, event or condition;

4.

The impact of the material modification on the district's ability to develop the capital facilities and infrastructure necessary to meet its capital development plan;

5.

The effect of the material modification on the district's ability to retire, as scheduled, its outstanding financial obligations and its ability to issue and market additional indebtedness, if any;

6.

A current financial plan for the district reflecting development absorption rates anticipated within the district's service area, projected annual revenues and expenditures based upon such projected absorption rates, debt issuance and amortization schedules and a projection of anticipated capital outlays;

7.

The financial impact of the modification on existing residents of the district;

8.

An updated five-year capital improvements plan; and

9.

What alternatives or options are available to the district if the requested amendment is not approved.

b.

All of the required information shall be supported by appropriate technical analysis, reports and supporting documents of qualified professionals and consultants. The amendment shall be processed and reviewed in the same manner as prescribed by this chapter for an initial service plan, except that the submittal requirements of this section shall be substituted for those of section 24-1214, and the application fee shall be set by the city manager. This section shall not impair the right of the city to bring an action in the district court to pursue appropriate remedies, including, but not limited to, enjoining the activities of the district pursuant to C.R.S. § 32-1-207(3)(b).

c.

After the effective date of the ordinance from which this chapter is derived, all service plan amendments shall comply with this chapter.

(Ord. No. 9, 2023 meeting, app. A(24-1221), 3-21-2023)

A district shall not issue any indebtedness that is not consistent with the service plan previously approved by the city, without first submitting the proposed financing to the city for review and comment. The city shall have 60 calendar days to review the proposed financing. The submission shall include the dollar amount of the issue, the estimated interest rate and other financing costs, the type of revenues pledged to repayment, including amount of the mill levy pledged, and a description of the credit enhancements, together with any preliminary official statement or other prospectus for the debt issue. The submission shall be accompanied by a certification of the board of directors that the proposed issuance or refinance of indebtedness is authorized by and in compliance with the service plan for the district.

(Ord. No. 9, 2023 meeting, app. A(24-1222), 3-21-2023)

Approval of a service plan does not guarantee the petitioner and/or the district any other land use approvals by the city required for the development of property within the district.

(Ord. No. 9, 2023 meeting, app. A(24-1223), 3-21-2023)

Districts are prohibited from developing or constructing any capital facility unless such facility is authorized under the service plan and intergovernmental agreement and any applicable city ordinances.

(Ord. No. 9, 2023 meeting, app. A(24-1224), 3-21-2023)

Should any district fail to comply with any applicable provision of this chapter, the city council may impose one or more of the following sanctions, as it deems appropriate:

a.

Exercise any applicable remedy under the Special District Act.

b.

Withhold the issuance of any permit, authorization, acceptance or other administrative approval necessary for the district's development of public facilities or construction.

c.

Exercise any legal remedy under the terms of any intergovernmental agreement under which the district is in default.

d.

Exercise any other legal remedies, including, but not limited to, seeking injunctive relief against the district, to ensure compliance with the provisions of this chapter.

All remedies of the city are cumulative in nature.

(Ord. No. 9, 2023 meeting, app. A(24-1225), 3-21-2023)

This chapter shall govern the processing, review and consideration of service plans for new districts or those existing districts required to submit service plans or service plan amendments which have not received approval by the city council prior to the effective date of the ordinance from which this chapter is derived.

(Ord. No. 9, 2023 meeting, app. A(24-1226), 3-21-2023)

a.

If any district has not undertaken development of capital facilities or issued any indebtedness within two years after approval of the district by the city, it may apply to the city council within 30 calendar days of expiration of the two-year period for a one-time exemption from compliance with this chapter for a period of time not to exceed four years beginning from the end of the initial two-year performance period.

b.

The city council may grant, at its sole discretion, an exemption if the board of directors submits a resolution to the city council stating that, upon issuance of the exemption, the district's authorization under the service plan and the intergovernmental agreement with the city to undertake development of capital facilities or issue any indebtedness is temporarily suspended. Upon issuance of the exemption, the district shall be excluded from compliance with this chapter, except that the district annually, not later than September 1, shall submit financial statements from the previous year and the budget for the current year.

c.

If the district issues no debt within the period, the district must commence dissolution proceedings.

(Ord. No. 9, 2023 meeting, app. A(24-1227), 3-21-2023)