INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (the "Intergovernmental Agreement") is
made and entered into as of this 1st day of March, 1996, by and between XXXXXX
RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("Xxxxxxxx 0"), XXXXXX RIDGE XXXXXXXXXXXX
XXXXXXXX XX. 0 ("Xxxxxxxx 0"), XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0
("Xxxxxxxx 0"), XXXXXX RIDGE METROPOLITAN DISTRICT NO. 4 ("District 4" and
together with Districts 1 through 3, the "Related Districts"), and XXXXXX RIDGE
METROPOLITAN DISTRICT NO. 5 ("District 5" and together with the Related
Districts, the "Districts"), all quasi-municipal corporations and political
subdivisions of the State of Colorado.
RECITALS
WHEREAS, among the purposes for which each of the Districts was formed are
the provision of potable water, sanitation, street, street lighting, irrigation
water, storm drainage, park and recreation, and traffic and safety protection
facilities and services; and
WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a),
and C.R.S. Section 29-1-203, as amended, the Districts may cooperate or contract
with each other to provide any function, service, or facility lawfully
authorized to each, and any such contract may provide for the sharing of costs,
the imposition of taxes, or the incurring of debt; and
WHEREAS, each of the Districts was organized pursuant to Title 32, Colorado
Revised Statutes, pursuant to which a resolution of approval of the petitions to
the District Court for each District was obtained from the Town of Castle Rock,
Colorado; and
WHEREAS, each District was organized with the approval of the Town of
Castle Rock, State of Colorado, and with the approval of their respective
electors, fully contemplating cooperation among the Districts as described in
their respective Service Plans; and
WHEREAS, each District's respective electors have approved the obligations
incurred hereunder at elections held November 7, 1995; and
WHEREAS, the Districts agree that certain public improvements are needed by
the Districts and will benefit the electors of more than one District in terms
of costs, quality and level of service; and
WHEREAS, each District has determined that cooperation among the Districts
in the financing and acquisition of the facilities herein described is in the
best interest of the Districts, and that the financing and acquisition of such
facilities is of common concern and benefit to the Districts; and
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WHEREAS, Castle Rock Ranch Public Improvements Authority, a nonprofit
corporation organized under the laws of the State of Colorado and a corporate
instrumentality of District 5 (the "Corporation"), proposes to issue and sell
$66,975,000 aggregate principal amount of its Public Facilities Revenue Bonds,
Series 1996 (the "Bonds") for the purpose of acquiring certain real property and
water rights (the "Property") located within or having a substantial connection
with District 5 and each of the Related Districts; and
WHEREAS, the Bonds will be issued pursuant to an Indenture of Trust, dated
as of the date hereof (the "Indenture") between the Corporation and SouthTrust
Bank of Alabama, National Association (the "Trustee"); and
WHEREAS, the Bonds will be additionally secured by certain collateralized
Credit Enhancement (as defined within the Indenture) provided by the Credit
Enhancement Provider (as defined within the Indenture); and
WHEREAS, the obligations of the Corporation to reimburse the Credit
Enhancement Provider are evidenced by a Reimbursement Agreement, dated as of the
date hereof (the "Reimbursement Agreement") between the Corporation and the
Credit Enhancement Provider; and
WHEREAS, the obligations of the Corporation under the Reimbursement
Agreement and the Indenture are secured by a Deed of Trust, Security Agreement,
Financing Statement and Assignment of Rents and Leases, dated as of the date
hereof (the "Deed of Trust") from the Corporation for the benefit of the Trustee
and the Credit Enhancement Provider; and
WHEREAS, District 5 shall execute and deliver an Operating Agreement, dated
as of the date hereof (the "Operating Agreement") between the Corporation and
District 5, pursuant to which District 5 shall be obligated, subject to the
terms thereof, to pay the following ("Operating Agreement Payments"): (i) all
Operations and Maintenance Expenses, and (ii) deficiencies of Revenue required
to pay obligations secured by the Deed of Trust;
NOW, THEREFORE, in consideration of the mutual promises and benefits herein
expressed, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby freely acknowledged, the Districts covenant and
agree as follows:
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ARTICLE 1
DEFINITIONS AND INTERPRETATIONS
Section 1.1. DEFINITIONS. As used herein, capitalized terms shall have
the respective meanings provided in the Recitals hereto or in the Indenture, the
Operating Agreement or the Deed of Trust, and the following capitalized terms
shall have the respective meanings set forth below, except in each case where
the context indicates otherwise:
ARBITRATOR shall mean the person chosen pursuant to this
Intergovernmental Agreement to settle disputes on matters arising under the
provisions of this Intergovernmental Agreement.
DEVELOPMENT AGREEMENT shall mean the Development Agreement, dated as
of the date hereof, between the Corporation and Xxxxxxx County Development
Corporation, and any and all similar agreements executed by owners of property
within the Districts.
DISTRICT shall mean each of the Xxxxxx Ridge Metropolitan Districts
referred to above, which are all quasi-municipal corporations and political
subdivisions of the State of Colorado.
DISTRICT REPRESENTATIVE shall mean the President of each respective
District and any other party designated by Resolution of the Board of Directors
of such District to act as District Representative hereunder.
EXPENSE OBLIGATION shall mean, as to each District the obligation of
such District to pay its Proportionate Share of Operations and Maintenance
Expenses.
FINANCING OBLIGATIONS shall mean the obligations which arise pursuant
to the provisions of this Intergovernmental Agreement as evidenced by the
execution of this Intergovernmental Agreement by each District.
PROPERTY COSTS shall mean each and every cost incurred by the
Corporation in connection with the acquisition of the Property and the issuance
of the Bonds, including the costs of materials, labor, change orders,
engineering, architecture and engineering, testing, soil inspection, and legal,
architectural, financial, inspection and other professional fees, together with
any site, right-of-way, or easement acquisition costs, and any other costs,
expenses or expenditures associated with the furtherance of the Property, to the
extent such costs are permitted by the Indenture.
PROPORTIONATE SHARE shall mean shares calculated in accordance with
Section 6.3 hereof.
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REVENUE OBLIGATIONS shall mean, as to each District, the obligation of
such District to pay its Proportionate Share of deficiencies required to pay
obligations secured by the Deed of Trust.
SERVICE PLAN. Shall mean the Service Plan filed by each District with
the Xxxxxxx County District Court, which, among other things, identifies the
facilities to be constructed by the Districts, as the same may be amended from
time to time.
Section 1.2. INTERPRETATION. In this Intergovernmental Agreement, unless
the context otherwise requires:
1.2.1 The terms "herein," "hereunder," "hereby," "hereto,"
"hereof" and other similar terms, refer to this Intergovernmental Agreement as a
whole and not to any particular article, section or subdivision hereof; the term
"heretofore" means before the date of execution of the Intergovernmental
Agreement, the term "now" means at the date of execution of this
Intergovernmental Agreement, and the term "hereafter" means after the date of
execution of this Intergovernmental Agreement.
1.2.2 All definitions, terms, and words shall include both the
singular and the plural.
1.2.3 Words of the masculine gender include correlative words of
the feminine and neuter genders, and words importing the singular number include
the plural number and vice versa.
1.2.4 The captions or headings of this Intergovernmental Agreement
are for convenience only and in no way define, limit or describe the scope or
intent of any provision, article, or section of this Intergovernmental
Agreement.
1.2.5 All schedules, exhibits and addenda referred to herein are
incorporated herein by this reference.
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ARTICLE 2
REPRESENTATIONS, WARRANTIES AND COVENANTS
Section 2.1. REPRESENTATIONS, WARRANTIES AND COVENANTS OF EACH DISTRICT.
Each District, as of the date hereof, represents, warrants and covenants and
agrees as follows with respect to such District. In making the following
representations, the District shall be entitled to rely conclusively as to any
legal conclusions upon an opinion of counsel which addresses therein the
accuracy of such representations:
2.1.1 The District is duly established and organized under and
pursuant to the laws of the State of Colorado, with full legal right, power
and authority under all applicable laws, including the laws of the State,
(i) to enter into this Intergovernmental Agreement, (ii) to be bound by the
terms hereof, (iii) to perform its obligations hereunder, and (iv) to
consummate the transactions contemplated by this Intergovernmental
Agreement.
2.1.2 This Intergovernmental Agreement has been duly authorized,
executed and delivered by the District and, upon the due authorization,
execution and delivery by all parties hereto and thereto, will constitute
the valid and binding obligation of the District, enforceable in accordance
with its terms, except as such enforcement may be limited by bankruptcy,
insolvency, reorganization, moratorium or other similar laws affecting the
rights of creditors generally and by judicial discretion in the exercise of
equitable remedies.
2.1.3 The representatives of the District executing this
Intergovernmental Agreement are fully authorized to execute the same.
2.1.4 The execution and delivery of this Intergovernmental
Agreement, the consummation of the transactions herein contemplated and the
fulfillment of or compliance with the terms and conditions hereof, will not
conflict with or constitute a violation or breach of or default (with due
notice or the passage of time or both) under the aforesaid constitution or
under the Service Plan for the District, or under any applicable law or
administrative rule or regulation, or any applicable court or
administrative decree, order or judgment, or any indenture, mortgage, deed
of trust, contract or other agreement or instrument to which the District
is a party or by which it or its properties are otherwise subject or bound,
or result in the creation or imposition of any prohibited lien, charge or
encumbrance of any nature whatsoever upon any of the property or assets of
the District, which conflict, violation, breach, default, lien charge or
encumbrance would have consequences that would materially and adversely
affect the consummation of the transactions contemplated by this
Intergovernmental Agreement or the financial condition, assets, properties
or operations of the District.
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2.1.5 All necessary consents, permissions, authorization, orders
or licenses of, or filing or registration with, any governmental authority
necessary in connection with the execution and delivery of this
Intergovernmental Agreement or the consummation of any transaction
contemplated herein or therein have been obtained or made and are in full
force and effect as of the date of execution and delivery hereof.
2.1.6 There is no action, suit, proceeding, inquiry or
investigation before or by any court or federal, state, municipal or other
governmental authority pending or, to the knowledge of the District after
reasonable investigation, threatened against or affecting the District or
the assets, properties or operations of the District which, if determined
adversely to the District or its interests, would have a material and
adverse effect upon the consummation of the transactions contemplated by or
the validity of this Intergovernmental Agreement or upon the financial
condition, assets, properties or operations of the District, and the
District is not in default with respect to any order or decree of any court
or any order, regulation or demand of any federal, state, municipal or
other governmental authority, which default might have consequences that
would materially and adversely affect the consummation of the transactions
contemplated by this Intergovernmental Agreement or the financial
condition, assets, properties or operations of the District.
2.1.7 The District will deliver to the Trustee:
(i) as soon as practicable and in any event within the time
required by the Statutes of the State of Colorado, complete
financial statements, all in reasonable detail and satisfactory
in scope as to the contents thereof;
(ii) promptly upon receipt thereof, a copy of each other
report submitted to the District by its accountants in connection
with any annual, interim or special audit or review by them of
the books of the District; and
(iii) with reasonable promptness, such other financial
data as the Trustee or the Underwriter reasonably requests.
Together with each delivery of financial statements required by clause (i)
above, the District will deliver to the Trustee a certificate of a District
Representative stating that there exists no default hereunder or event
which, but for notice or opportunity to cure, would constitute a default or
if any such event or default exists, stating the nature thereof, the period
of existence thereof and what action the District proposes to take with
respect thereto. The Underwriter is hereby authorized to deliver a copy of
any financial statement delivered to it pursuant to this Section 2.1 to any
regulatory body having jurisdiction over it.
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2.1.8 The District will, upon reasonable notice, and subject to
applicable laws and regulations, permit any person designated by any other
District or the Corporation in writing, at its own expense, to visit any of
the properties of the District during normal business hours to examine the
books and financial records of the District and make copies thereof or
extracts therefrom, and to discuss the affairs, finances and accounts of
the District with the officials and employees of the District, all at such
reasonable times and as often as the party requesting such review may
reasonably request.
2.1.9 The District will comply with the requirements of the
Constitution, and all laws of the State of Colorado and of any governmental
authority having jurisdiction over the District, non-compliance with which
could materially adversely affect its ability to perform its obligations
under this Intergovernmental Agreement, unless the same is being contested
in good faith and by appropriate proceedings and unless such contest shall
operate to stay the material adverse effect of any such noncompliance.
2.1.10 The District will take all action and do all things that it is
authorized by law to take and do in order to perform and observe all
covenants and agreements on its part to be performed and observed
hereunder.
2.1.11 The District will execute, acknowledge where appropriate, and
deliver from time to time promptly at the request of the Corporation, the
Credit Enhancement Provider or the Trustee all such instruments and
documents as in the reasonable opinion of the Corporation, the Credit
Enhancement Provider or the Trustee are reasonably required to carry out
the intent and purposes of this Intergovernmental Agreement; provided,
however, that the District shall not be required to execute, acknowledge
and deliver any such instruments and documents in the event that any such
instruments or documents will have a material adverse impact on the rights
of the District under this Intergovernmental Agreement. The District
hereby covenants to execute and deliver such additional instruments and to
perform such additional acts as may be reasonably required or, in the
opinion of the Corporation and the Credit Enhancement Provider, to carry
out the intent of this Intergovernmental Agreement or to perfect or give
further assurances of any of the rights granted or provided for in this
Intergovernmental Agreement; provided, however, that the District shall not
be required to execute and deliver any such instruments or to perform any
such acts in the event that the execution and delivery of any such
instruments or the performance of any such acts will have a material
adverse impact on the rights of the District under this Intergovernmental
Agreement.
2.1.12 Any certificate signed by a District Representative and
delivered pursuant to this Intergovernmental Agreement shall be deemed a
representation and warranty by the District as to the statements made
therein.
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ARTICLE 3
GENERAL CONDITIONS
Section 3.1. TERM. This Intergovernmental Agreement shall be effective
as of the date first above written, and shall continue in effect until all of
the Operating Agreement Payments have been satisfied; provided that if such
Operating Agreement Payments shall be satisfied pursuant to a refinancing of the
Bonds or the refinancing or discharge obligations under the Reimbursement
Agreement, the obligation of the Corporation with respect to any such
refinancing or discharge shall be considered Operating Agreement Payments for
purposes of this Intergovernmental Agreement.
Section 3.2. GENERAL INTENT. It is the purpose and intent of the
Districts to coordinate and assist in the financing of the acquisition of the
Property and the development thereof, and to coordinate all related activities
and to affirmatively cooperate with each other in order to best accomplish the
goals stated herein. The Districts shall each have all of the powers granted to
metropolitan districts by Title 32, Colorado Revised Statutes, together with
such other lawful powers available to metropolitan districts to perform this
Intergovernmental Agreement, except as specifically limited or modified herein.
The Districts hereby represent and agree the Corporation is organized, and the
Bonds shall be issued, solely on behalf of District 5, and that no District
shall have any right to acquire all or any part of the Property other than
District 5, as provided in the Operating Agreement and the Indenture. Each of
the Related Districts represents that the development of each District will
benefit by the acquisition of the Property by the Corporation (and by
District 5), in anticipation of the development of such District, and none of
the Related Districts proposes that it should be reimbursed for amounts expended
by it hereunder.
Section 3.3. COST OF PROPERTY. The Property Costs associated with the
acquisition of the Property and the issuance of the Bonds are as specified in
the Indenture.
Section 3.4. RELIANCE. It is the express intent and understanding of
each of the Districts that each District is entering this Intergovernmental
Agreement and incurring Financing Obligations in complete and justifiable
reliance on the covenants of the other Districts to abide by this
Intergovernmental Agreement for payment of all Financing Obligations contained
herein and evidenced hereby.
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ARTICLE 4
OPERATION AND MAINTENANCE OF PROJECT
Section 4.1. SCOPE. The provision of operation, maintenance, and
administrative services relative to the Project shall occur in accordance with,
and be governed by, the Operating Agreement.
Section 4.2. CONSTRUCTION OF ALTERNATIVE FACILITIES. Each Related
District agrees that it will not, during the term hereof, acquire or construct
an alternate facility to serve substantially the same function as served by the
Project, and that it will not approve the issuance of bonds, notes or other
obligations of another nonprofit corporation to be applied to acquire or
construct such a facility and will not enter into any agreement whereby it will
provide financial support to any entity acquiring or constructing such a
facility.
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ARTICLE 5
FEES AND CHARGES
Section 5.1. ASSESSMENT OF FEES AND CHARGES. Each District shall,
subject to limitations of any other agreement heretofore executed by such
District, be free to assess facilities development fees, service charge
surcharges, and other fees, rates, tolls, charges, and taxes in amounts
determined to be required by each such District in order to meet its Financing
Obligations.
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ARTICLE 6
PAYMENTS
Section 6.1. PROMISE TO PAY. In consideration of mutual promises and
covenants contained herein, each Related District hereby promises to pay to
District 5, all of such Related District's Expense Obligations and Revenue
Obligations in accordance with the terms hereof. With respect to any particular
District, the Revenue Obligation of such District evidenced hereby shall be
general obligation indebtedness to which such District pledges its full faith
and credit, subject to the provisions of Section 6.4 hereof, and shall be
incurred and exist from and after the effective date of this Intergovernmental
Agreement. Notwithstanding anything contained in this Intergovernmental
Agreement to the contrary, the maximum principal amount of general obligation
Revenue Obligation represented by this Intergovernmental Agreement shall be as
provided in and subject to the limitations specified in the questions approved
by the electors of each District on November 7, 1995, a copy of which is
appended hereto as Exhibit A. The Revenue Obligations and indebtedness incurred
hereby shall be payable only in accordance with the terms of this
Intergovernmental Agreement. Interest shall be paid by each District on the
principal amount of its Revenue Obligation, which interest shall also be a
Revenue Obligation. The maximum net effective interest rate accruing on any
particular District's indebtedness shall be 45%. The Related Districts each
agree to pay such Financing Obligations to or at the direction of District 5
within 20 days of receipt of amounts collected for such purpose.
Section 6.2. NATURE OF OBLIGATIONS. It is recognized by the Districts
that the Revenue Obligations imposed upon the Districts under this
Intergovernmental Agreement constitute "indebtedness" within the meaning of the
Constitution of the State of Colorado. At duly called and noticed elections
held for each District on November 7, 1995, the electorate of each District
authorized the incurrence of indebtedness by each District of an amount
sufficient to fund the various Revenue Obligations expressed in this
Intergovernmental Agreement (the "Voted Indebtedness Authorization"), and also
approved execution of this Intergovernmental Agreement by each District. In
addition, it is recognized by the District that the Expense Obligations
constitute a multiple fiscal year obligation as to which each District is
obligated to increase taxes in an amount not to exceed $1,500,000 annually. In
no event shall any commitment, covenant, promise or other obligation under this
Intergovernmental Agreement require the issuance or incurrence of the
indebtedness by the Districts in excess of their respective Voted Indebtedness
Authorization.
Section 6.3. PROPORTIONATE SHARE. Each District's Proportionate Share of
the total Revenue Obligations shall be determined by District 5 in the
preparation of an annual budget for each year, as provided in Section 7.1
hereof. The Proportionate Share for each District shall be the ratio of the
estimated assessed value of taxable real and personal property in such District
to the total assessed value of taxable real and personal property in all the
Districts, as determined by the annual valuation for assessment of each District
certified by the County Assessor of Xxxxxxx County, Colorado, or his or her
successor in function.
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Section 6.4. LIMITATION ON OBLIGATIONS. Notwithstanding any provision
hereof to the contrary, the obligation of a District to pay any and all amounts
hereunder, including, but not limited to, its Financing Obligations in any year
shall be limited to amounts collected under a maximum mill levy imposition of 35
xxxxx. Any Proportionate Share in excess of the amounts collected pursuant to
such mill levy limit shall continue to be due from such District, and shall bear
interest at the rate of 15% per annum, subject to Section 6.1 hereof, until the
end of the term of this Agreement, and shall thereupon be forgiven. In the
event the method for determining assessed value for mill levies for the State of
Colorado or the assessed value ratios are hereafter amended, District 5 shall
provide a statement of revised procedures to each of the Related Districts so
the amount collected under such revised method shall equal as closely as
reasonably possible the amounts which would have been collected absent such
revision. In addition, no District shall have any obligation to pay its
Proportionate Share until either (A) the Town of Castle Rock, Colorado, has
approved the amendment to the Service Plan specifically authorizing the
imposition of such mill levy, or (B) such District shall have received an
opinion acceptable to the District of counsel acceptable to the District that
such mill levy may be imposed without regard to any Service Plan amendment.
Each Related District hereby agrees to certify the amount necessary to satisfy
its obligations hereunder to the Board of County Commissioners of Xxxxxxx
County, Colorado, in accordance with the applicable laws of the State of
Colorado. Each District hereby acknowledges that payments made under the
Development Agreement shall constitute payments in lieu of taxes imposed because
of the limitations on the District's obligations described in this Section 6.4,
and the Districts hereby approve the Development Agreement and consent to the
release thereof to the extent of the imposition of the mill levy as described in
this Section 6.4.
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ARTICLE 7
BUDGET AND APPROPRIATIONS
Section 7.1. BUDGET REVIEW AND APPROVAL. On or before September 1 of
each year, District 5 shall prepare a proposed Project budget, specifying the
anticipated Proportionate Share to be paid in the ensuing fiscal year by each
of the Districts. On or before September 10 of each year, the Related
Districts shall either approve budget documents prepared by District 5 or
propose to District 5, in writing, additions to and/or deletions from the
proposed budgets. Absent receipt by District 5 of a written proposal for
additions and/or deletions by September 15 of such year, the Related
Districts shall be deemed to have approved the items included in the proposed
budgets. In the event the Related Districts propose additions and/or
deletions to the proposed budgets for consideration by District 5 and for
inclusion in the budget documents prepared by District 5, and if such
additions and/or deletions are not agreed to by District 5 by October 15 of
each year, the issue shall be submitted to the Arbitrator who shall accept
and/or reject such proposed additions and/or deletions pursuant to the
provisions hereof not later than December 1 of each year. Following the
Arbitrator's decision, District 5 shall approve its budget for the next
ensuing year.
Section 7.2. RELATED DISTRICTS' BUDGETS. Each Related District shall
adopt budgets, and make appropriations therefor, sufficient to pay its
allocable share of the Proportionate Share required hereunder, subject to
Section 6.4 hereof. Each District shall include such amounts in its budget
for the ensuing year, and shall certify an ad valorem tax levy in an amount
sufficient, together with other revenues of such District, to pay the full
amounts required hereunder, subject to Section 6.4 hereof.
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ARTICLE 8
ARBITRATION
Section 8.1. DECISION BINDING. It is agreed by all of the Districts
hereto that matters to be resolved by arbitration under this
Intergovernmental Agreement are matters upon which reasonable persons could
disagree and further that they are matters where an exact answer is not
possible. Therefore, the Districts agree that the determination made by the
Arbitrator pursuant to this Intergovernmental Agreement shall be binding upon
the Districts. Presentations to the Arbitrator shall be limited to written
statement of position by any District desiring to make such a written
statement, unless the Arbitrator requests oral presentations. The decisions
of the Arbitrator shall be made within five (5) days from the date of
submittal to the Arbitrator, and shall be final, with no right of appeal.
Section 8.2. SELECTION OF ARBITRATOR. The Arbitrator shall be any
mutually agreeable person, or in the absence of mutual agreement, a person
chosen by the mutual agreement of two parties appointed by District 5 and
approved by the Trustee on one hand and the majority of the Related Districts
on the other hand.
Section 8.3. PROCEDURES. To the extent not otherwise provided herein,
arbitration shall proceed under the Commercial Arbitration Rules and the
Expedited Commercial Arbitration Procedures of the American Arbitration
Association.
Section 8.4. COSTS OF ARBITRATION. All costs of arbitration shall be
borne by the District requesting arbitration.
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ARTICLE 9
INSURANCE
Section 9.1. PROVISION OF INSURANCE. Each of the Districts shall
maintain at their respective sole cost the following types of insurance
coverage with companies and in amounts acceptable to the Districts. In all
such policies, each District shall be named as an insured or an additional
insured.
9.1.1 General liability coverage in the minimum amount of
$150,000 per person/per occurrence and $600,000 per occurrence, or in an
amount reflecting the current level of governmental immunity provided by
statute, whichever is greater, protecting the Districts and their officers,
directors, and employees against any loss, liability, or expense whatsoever
from personal injury, death, property damage, or otherwise, arising from or
in any way connected with management, administration, and operations.
9.1.2 Directors and officers liability coverage (errors and
omissions) in the minimum amount of $150,000 per person/per occurrence and
$600,000 total per occurrence, protecting the Districts and their directors
and officers against any loss, liability, or expense whatsoever arising from
the actions and/or inactions of the Districts and their directors and
officers in the performance of their duties.
9.1.3 Operations coverage designed to insure against injury to
the property of third parties or the persons of those third parties caused by
the operation of the facilities of such District in the minimum amount of
$150,000 per person/per occurrence and $600,000 per occurrence or in the
amount reflecting the current level of governmental immunity provided by
statute, whichever is greater.
9.1.4 The foregoing notwithstanding, each District shall make
provisions for workmen's compensation insurance, social security employment
insurance and unemployment compensation for its employees performing this
Intergovernmental Agreement as required by any law of the State of Colorado
or the federal government and shall, upon request, exhibit evidence thereof
to any other District.
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ARTICLE 10
BREACH
Section 10.1. NON-TERMINATION. The parties agree that no breach of
this Intergovernmental Agreement shall justify or permit termination of the
continuing obligations under this Intergovernmental Agreement.
Section 10.2. REMEDIES. In addition to any other available remedies,
in the event of a breach of this Intergovernmental Agreement, any District,
the Corporation or the Trustee may ask a court of competent jurisdiction to
enter a writ of mandamus to compel the board of directors of the breaching
District to perform its duties under this Intergovernmental Agreement, and
any District may seek from a court of competent jurisdiction temporary and/or
permanent restraining orders, or orders of specific performance, to compel
the breaching District to perform in accordance with the obligations set
forth under this Intergovernmental Agreement.
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ARTICLE 11
MISCELLANEOUS
Section 11.1. RELATIONSHIP OF PARTIES. This Intergovernmental
Agreement does not and shall not be construed as creating a relationship of
joint venturers, partners, or employer-employee between or among the
Districts.
Section 11.2. LIABILITY OF DISTRICTS. No provision, covenant or
agreement contained in this Intergovernmental Agreement, nor any obligations
imposed herein nor the breach thereof, nor the creation of indebtedness by
one District shall constitute or create an indebtedness of any of the other
Districts within the meaning of any Colorado constitutional provision or
statutory limitation. No District shall have any obligation whatsoever to
repay any debt or liability of any other District.
Section 11.3. ASSIGNMENT. Neither this Intergovernmental Agreement,
nor any of any District's rights, obligations, duties or authorities
hereunder may be assigned in whole or in part without the prior written
consent of each of the other Districts and the Trustee. Any purported
attempt to assign this Intergovernmental Agreement or any rights hereunder
without such consent shall be void and of no force and effect. Consent to
one assignment shall not be consent to any subsequent assignment. The
foregoing is subject to the limitation that District 5 has assigned or shall
be entitled to assign all or any portion of its rights hereunder to the
Corporation (which may similarly assign its rights to the Trustee) or the
Trustee, or any successor to the foregoing, or to any other party without the
consent of the Related Districts.
Section 11.4. SURVIVAL OF OBLIGATIONS. Unfulfilled obligations of the
parties arising under this Intergovernmental Agreement shall be deemed to
survive the termination of this Intergovernmental Agreement, the expiration
of the term of this Intergovernmental Agreement, and the completion of the
facilities which are the subject of this Intergovernmental Agreement, and
shall be binding upon and inure to the benefit of the Districts and their
respective successors and permitted assigns, subject to Section 6.4 hereof.
Section 11.5. GOVERNING LAW. This Intergovernmental Agreement shall be
governed and construed in accordance with the laws of the State of Colorado,
without regard to principles of choice of law.
Section 11.6. HEADINGS FOR CONVENIENCE ONLY. The headings, captions
and titles contained herein are intended for convenience and reference only
and are not intended to define, limit or describe the scope or intent of any
of the provisions of this Intergovernmental Agreement.
Section 11.7. NOTICES. All notices, certificates or other
communications hereunder shall be sufficiently given and shall be deemed
given when personally delivered, or after the lapse of
17
three business days following mailing by registered or certified mail,
postage prepaid, return receipt requested, addressed as follows:
If to Xxxxxx Ridge 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxx
Xxxxxxxxxxxx Xxxxxxxx Xx. 0: Xxxxx 000
Xxxxxx, Xxxxxxxx 00000
If to Xxxxxx Ridge 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxx
Xxxxxxxxxxxx Xxxxxxxx Xx. 0: Xxxxx 000
Xxxxxx, Xxxxxxxx 00000
If to Xxxxxx Ridge 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxx
Xxxxxxxxxxxx Xxxxxxxx Xx. 0: Xxxxx 000
Xxxxxx, Xxxxxxxx 00000
If to Xxxxxx Ridge 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxx
Xxxxxxxxxxxx Xxxxxxxx Xx. 0: Xxxxx 000
Xxxxxx, Xxxxxxxx 00000
If to Xxxxxx Ridge 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxx
Xxxxxxxxxxxx Xxxxxxxx Xx. 0: Xxxxx 000
Xxxxxx, Xxxxxxxx 00000
or at any other such addresses as said parties may hereafter or from time to
time designate by written notice to the other party given in accordance with
this Section 11.7.
Section 11.8. GOVERNMENTAL AUTHORITY. The Districts shall comply with
any and all valid state, federal or local laws or regulations covering the
subject of this Intergovernmental Agreement, and any and all valid orders,
regulations or licenses issued pursuant to any federal, state or local law or
regulation governing the subject of this Intergovernmental Agreement.
Section 11.9. MODIFICATION. Except as otherwise provided herein, this
Intergovernmental Agreement may not be modified, amended, changed or
terminated, in whole or in part, except by an agreement in writing duly
authorized and executed by each of the Districts and consented to in writing
by the Corporation, the Trustee and the Credit Enhancement Provider.
Section 11.10. WAIVER. The waiver of any breach of any provision of
this Intergovernmental Agreement by any District shall not constitute a
continuing waiver or a waiver of any subsequent breach of the same or another
provision of this Intergovernmental Agreement.
Section 11.11. SEVERABILITY. Invalidation of any of the provisions of
this Intergovernmental Agreement or of any paragraph, sentence, clause,
phrase, or word herein, or the application thereof in any given
circumstances, shall not affect the validity of any other provision of this
Intergovernmental Agreement.
18
Section 11.12. THIRD PARTY BENEFICIARIES. This Intergovernmental
Agreement is made solely for the benefit of the parties hereto, and no third
parties, including any holders of indebtedness of any of the Districts, shall
be entitled to enforce the duties or enjoy the rights created hereunder;
provided that the Corporation, the Trustee and their respective assigns shall
be considered third party beneficiaries hereof and shall be fully entitled to
enforce the provision hereof.
[Balance of Page Intentionally Left Blank]
19
IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental
Agreement as of the day and year first above written, which shall
ATTEST: XXXXXX RIDGE METROPOLITAN DISTRICT NO. 1
(ILLEGIBLE) C. Xxxxx Xxxxxxxxxxxx
----------------------------- ----------------------------------------
Assistant Secretary President
ATTEST: XXXXXX RIDGE METROPOLITAN DISTRICT NO. 2
(ILLEGIBLE) C. Xxxxx Xxxxxxxxxxxx
----------------------------- ----------------------------------------
Assistant Secretary President
ATTEST: XXXXXX RIDGE METROPOLITAN DISTRICT NO. 3
(ILLEGIBLE) C. Xxxxx Xxxxxxxxxxxx
----------------------------- ----------------------------------------
Assistant Secretary President
ATTEST: XXXXXX RIDGE METROPOLITAN DISTRICT NO. 4
(ILLEGIBLE) C. Xxxxx Xxxxxxxxxxxx
----------------------------- ----------------------------------------
Assistant Secretary President
ATTEST: XXXXXX RIDGE METROPOLITAN DISTRICT NO. 5
(ILLEGIBLE) C. Xxxxx Xxxxxxxxxxxx
----------------------------- ----------------------------------------
Assistant Secretary President
20
STATE OF COLORADO )
)ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 26th day of
March, 1996 by C. Xxxxx Xxxxxxxxxxxx as President, and Xxxxxxx Xxxxxxxxxxxx as
Assistant Secretary, of Xxxxxx Ridge Metropolitan District No 1.
WITNESS my hand and official seal.
My commission expires: 9-16-98
-------
Xxxxx X. Xxxxx
---------------------------------
Notary Public
STATE OF COLORADO )
)ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 26th day of
March, 1996 by C. Xxxxx Xxxxxxxxxxxx as President, and Xxxxxxx Xxxxxxxxxxxx as
Assistant Secretary, of Xxxxxx Ridge Metropolitan District No 2.
WITNESS my hand and official seal.
My commission expires: 9-16-98
-------
Xxxxx X. Xxxxx
-----------------------------
Notary Public
21
STATE OF COLORADO )
)ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 26th day of
March, 1996 by C. Xxxxx Xxxxxxxxxxxx as President, and Xxxxxxx Xxxxxxxxxxxx as
Assistant Secretary, of Xxxxxx Ridge Metropolitan District No 3.
WITNESS my hand and official seal.
My commission expires: 9-16-98
-------
Xxxxx X. Xxxxx
-----------------------------
Notary Public
STATE OF COLORADO )
)ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 26th day of
March, 1996 by C. Xxxxx Xxxxxxxxxxxx as President, and Xxxxxxx Xxxxxxxxxxxx as
Assistant Secretary, of Xxxxxx Ridge Metropolitan District No 4.
WITNESS my hand and official seal.
My commission expires: 9-16-98
-------
Xxxxx X. Xxxxx
-----------------------------
Notary Public
22
STATE OF COLORADO )
)ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 26th day of
March, 1996 by C. Xxxxx Xxxxxxxxxxxx as President, and Xxxxxxx Xxxxxxxxxxxx as
Assistant Secretary, of Xxxxxx Ridge Metropolitan District No 5.
WITNESS my hand and official seal.
My commission expires: 9-16-98
-------
Xxxxx X. Xxxxx
-----------------------------
Notary Public
23
EXHIBIT A
---------
ELECTION QUESTIONS
A-1
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
1-11-103 AND 32-1-104(1), C.R.S.
Xxxxxx Ridge Metropolitan District No. 1, Xxxxxxx County, Colorado
Each of the undersigned members of the board of canvassers of the Xxxxxx
Ridge Metropolitan District No. 1 certifies that the following is a true and
correct statement of the results of the Special Election for the above-named
District, at which time the eligible electors of the District voted as
indicated on the attached Judges' Certificate of Election Returns, for each
question submitted:
Question A:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXXX XX
INCREASED $1,500,000 ANNUALLY, COMMENCING IN 1995, FOR THE PURPOSE OF PAYING
THE DISTRICT'S OBLIGATIONS IN CONNECTION WITH AN INTERGOVERNMENTAL SERVICES
AGREEMENT BY AND BETWEEN THE DISTRICT, XXXXXX RIDGE METROPOLITAN DISTRICT NO.
5 ("DISTRICT NO. 5") AND ANY OTHER PARTIES THERETO WHEREBY THE DISTRICT
AGREES TO PROVIDE FUNDS TO OPERATE AND MAINTAIN PARKS AND RECREATION
FACILITIES AND EQUIPMENT ("DISTRICT NO. 5 FACILITIES") FOR THE BENEFIT OF THE
DISTRICT WITH RESPECT TO THE DISTRICT NO. 5 FACILITIES AND SHALL THE PROCEEDS
OF SUCH TAXES AND ANY INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY
THE DISTRICT WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?"
Number of votes for: 2
--------
Number of votes against: 0
--------
Question B:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXX XX
INCREASED $100,000,000 (PRINCIPAL AMOUNT) WITH A REPAYMENT COST OF
$500,000,000 (MAXIMUM TOTAL DISTRICT COST), SUCH DEBT TO CONSIST OF BONDS OR
OTHER EVIDENCES OF INDEBTEDNESS (INCLUDING WITHOUT LIMITATION AN
INTERGOVERNMENTAL AGREEMENT OR AGREEMENTS WITH XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 2, XXXXXX RIDGE METROPOLITAN DISTRICT XX. 0, XXXXXX XXXXX
XXXXXXXXXXXX XXXXXXXX XX. 0 AND XXXXXX RIDGE METROPOLITAN DISTRICT NO. 5, OR
ANY OR ALL OF THE FOREGOING) FOR THE PURPOSES OF DESIGNING, ACQUIRING,
INSTALLING, CONSTRUCTING, EQUIPPING, OPERATING AND MAINTAINING WATER,
SANITATION, STREET, TRAFFIC SAFETY, TRANSPORTATION, PARKS AND RECREATION AND
FIRE PROTECTION FACILITIES AND EQUIPMENT WITHIN OR FOR THE BENEFIT OF THE
DISTRICT. SUCH BONDS OR OTHER EVIDENCE OF INDEBTEDNESS TO BE ISSUED AT A
MAXIMUM NET EFFECTIVE INTEREST RATE OF 45% PER ANNUM AND TO MATURE OR BE
PAYABLE IN NOT MORE THAN 40 YEARS; AND SHALL THE PROCEEDS OF SUCH BONDS OR
OTHER EVIDENCES OF INDEBTEDNESS, AND INVESTMENT INCOME THEREON, BE COLLECTED
AND SPENT BY THE DISTRICT WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING,
OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?
Number of votes for: 2
--------
Number of votes against: 0
--------
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
CONTINUED
1-11-103 AND 32-1-104(1), C.R.S.
Question C:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXX XX
INCREASED $100,000,000, WITH A REPAYMENT COST OF $500,000,000, (MAXIMUM TOTAL
DISTRICT COST), SUCH DEBT TO CONSIST OF EVIDENCES OF INDEBTEDNESS (INCLUDING
WITHOUT LIMITATION INTERGOVERNMENTAL AGREEMENT OR AGREEMENTS WITH XXXXXX
RIDGE METROPOLITAN DISTRICT NO. 2, XXXXXX RIDGE METROPOLITAN DISTRICT XX. 0,
XXXXXX XXXXX XXXXXXXXXXXX XXXXXXXX XX. 0 AND XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 5, OR ANY OR ALL OF THE FOREGOING; FOR THE PURPOSES OF
DESIGNING, ACQUIRING, INSTALLING, CONSTRUCTING, EQUIPPING, OPERATING AND
MAINTAINING WATER, SANITATION, STREET, TRAFFIC SAFETY, TRANSPORTATION, PARKS
AND RECREATION AND FIRE PROTECTION FACILITIES AND EQUIPMENT WITHIN OR FOR THE
BENEFIT OF THE DISTRICT; SUCH EVIDENCE OF INDEBTEDNESS TO BE ISSUED AT A
MAXIMUM NET EFFECTIVE INTEREST RATE OF 45% PER ANNUM AND TO MATURE OR BE
PAYABLE IN NOT MORE THAN 40 YEARS; AND SHALL THE PROCEEDS OF SUCH EVIDENCES
OF INDEBTEDNESS, AND ANY INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY
THE DISTRICT WITHOUT REGARD TO ANY EXPENDITURE. REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?"
Number of votes for: 2
--------
Number of votes against: 0
--------
Question D:
"SHALL THE EXECUTION, DELIVERY AND PERFORMANCE BY XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 1 ("DISTRICT") OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN
THE DISTRICT, XXXXXX RIDGE METROPOLITAN DISTRICT NO. 5 ("DISTRICT NO. 5") AND
ANY OTHER PARTIES THERETO WHEREBY THE DISTRICT AGREES TO PROVIDE FUNDS TO
OPERATE AND MAINTAIN PARKS AND RECREATION FACILITIES AND EQUIPMENT ("DISTRICT
NO. 5 FACILITIES") FOR THE BENEFIT OF THE DISTRICT WITH RESPECT TO THE
DISTRICT NO. 5 FACILITIES, BE APPROVED?"
Number of votes for: 2
--------
Number of votes against: 0
--------
Question E:
"SHALL XXXXXX RIDGE METROPOLITAN DISTRICT NO. 1, FOR PURPOSES OTHER THAN
ENTERPRISES, BE PERMITTED TO MAINTAIN FISCAL YEAR SPENDING AND ANNUAL
DISTRICT REVENUES FROM SOURCES NOT EXCLUDED FROM FISCAL YEAR SPENDING IN AN
AMOUNT NOT TO EXCEED $1,000,000 IN 1995 AND EACH YEAR THEREAFTER, SUCH AMOUNT
TO INCREASE ANNUALLY IN EACH YEAR AFTER 1995 IN AN AMOUNT NOT TO EXCEED THE
APPLICABLE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION
AND COLORADO LAW?"
Number of votes for: 2
--------
Number of votes against: 0
--------
2
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
CONTINUED
1-11-103 AND 32-1-104(1), C.R.S.
(Signed) XXXXXXX X. XXXXXX
--------------------------------
Designated Election Official
(Signed) XXXXXXX X. XXXXXXXXXXXX
--------------------------------
Canvasser
(Signed)
--------------------------------
Canvasser
X.X. XXXXX CORP. ATTN: XXX XXXXX
------------------------------------------------------------
Contact Person For District
0000 XXXXX XXXXXXXX XXX, XXXXX 000
XXXXXXXXX XXXXXXX, XX 00000
------------------------------------------------------------
Business Address
(000) 000-0000
------------------------------------------------------------
Telephone Number
Prepare and deliver a Certificate of Election to those candidates receiving
the highest number of votes.
Deposit one copy with the Clerk and Recorder of each county in which the
special district is located.
Send one copy to: Division of Local Government
0000 Xxxxxxx Xxxxxx, Xxxx 000
Xxxxxx, XX 00000
3
JUDGE'S CERTIFICATE OF ELECTION RETURNS
1-7-601, C.R.S.
IT IS HEREBY CERTIFIED by the undersigned, who conducted the election held in
the XXXXXX RIDGE METROPOLITAN DISTRICT NO. 1, (by mail ballot), in the county
of Xxxxxxx, and state of Colorado, on the 7th day of November, in the year
1995, that after qualifying by swearing and subscribing to their Oaths of
Office they opened the polls at 7:00 A.M., and that they kept the polls open
continuously until the hour of 7:00 P.M. on said date, after which they
counted the ballots cast for directors of said District and for any ballot
issues and ballot questions submitted.
THAT THE VOTES CAST FOR AND AGAINST EACH BALLOT ISSUE AND BALLOT QUESTION
SUBMITTED WERE AS FOLLOWS:
YES NO
Question A 2 two 0 zero
------------------- -------------------
YES NO
Question B 2 two 0 zero
------------------- -------------------
YES NO
Question C 2 two 0 zero
------------------- -------------------
YES NO
Question D 2 two 0 zero
------------------- -------------------
YES NO
Question E 2 two 0 zero
------------------- -------------------
1
JUDGE'S CERTIFICATE OF ELECTION RETURNS CONTINUED
1-7-601, C.R.S.
It is hereby identified and specified that:
Numeric
Total Number of Ballots Received from 5
the Designated Election Official: --------------
2
Total number of ballots vote: --------------
0
Unofficial ballots voted: --------------
0
Substitute ballots voted: --------------
3
Ballots delivered to electors: --------------
0
Spoiled ballots: --------------
Ballots rejected for insufficient 1
information: --------------
0
Challenged ballots: --------------
2
Ballots not delivered to electors: --------------
Ballots returned to the Designated 5
Election Official: --------------
(All unused ballots, spoiled ballots, and stubs of ballots voted shall be
returned with the statement.)
Certified by us:
[SIGNATURE ILLEGIBLE]
---------------------------------, Election Judge
[SIGNATURE ILLEGIBLE]
---------------------------------, Election Judge
---------------------------------, Election Judge
November 7, 1995
Precinct Number if Applicable: ___________
2
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
1-11-103 AND 32-1-104(1), C.R.S.
Xxxxxx Ridge Metropolitan District No. 2, Xxxxxxx County, Colorado
Each of the undersigned members of the board of canvassers of the Xxxxxx
Ridge Metropolitan District No. 2 certifies that the following is a true and
correct statement of the results of the Special Election for the above-named
District, at which time the eligible electors of the District voted as
indicated on the attached Judges' Certificate of Election Returns, for each
question submitted.
Question A:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXXX XX
INCREASED $1,500,000 ANNUALLY, COMMENCING IN 1995, FOR THE PURPOSE OF PAYING
THE DISTRICT'S OBLIGATIONS IN CONNECTION WITH AN INTERGOVERNMENTAL SERVICES
AGREEMENT BY AND BETWEEN THE DISTRICT. XXXXXX RIDGE METROPOLITAN DISTRICT NO.
5 ("DISTRICT NO. 5") AND ANY OTHER PARTIES THERETO WHEREBY THE DISTRICT
AGREES TO PROVIDE FUNDS TO OPERATE AND MAINTAIN PARKS AND RECREATION
FACILITIES AND EQUIPMENT ("DISTRICT NO. 5 FACILITIES") FOR THE BENEFIT OF THE
DISTRICT WITH RESPECT TO THE DISTRICT NO. 5 FACILITIES AND SHALL THE PROCEEDS
OF SUCH TAXES AND INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY THE
DISTRICT WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?"
2
Number of votes for: -----------------
0
Number of votes against: -----------------
Question B:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXX XX
INCREASED $100,000,000 (PRINCIPAL AMOUNT) WITH A REPAYMENT COST OF
$500,000,000 (MAXIMUM TOTAL DISTRICT COST), SUCH DEBT TO CONSIST OF BONDS OR
OTHER EVIDENCES OF INDEBTEDNESS (INCLUDING WITHOUT LIMITATION AN
INTERGOVERNMENTAL AGREEMENT OR AGREEMENTS WITH XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 1, XXXXXX RIDGE METROPOLITAN DISTRICT XX. 0, XXXXXX XXXXX
XXXXXXXXXXXX XXXXXXXX XX. 0 AND XXXXXX RIDGE METROPOLITAN DISTRICT NO. 5, OR
ANY OR ALL OF THE FOREGOING) FOR THE PURPOSES OF DESIGNING, ACQUIRING,
INSTALLING, CONSTRUCTING, EQUIPPING, OPERATING AND MAINTAINING WATER,
SANITATION, STREET, TRAFFIC SAFETY, TRANSPORTATION, PARKS AND RECREATION AND
FIRE PROTECTION FACILITIES AND EQUIPMENT WITHIN OR FOR THE BENEFIT OF THE
DISTRICT; SUCH BONDS OR OTHER EVIDENCE OF INDEBTEDNESS TO BE ISSUED AT A
MAXIMUM NET EFFECTIVE INTEREST RATE OF 45% PER ANNUM AND TO MATURE OR BE
PAYABLE IN NOT MORE THAN 40 YEARS; AND SHALL THE PROCEEDS OF SUCH BONDS OR
OTHER EVIDENCES OF INDEBTEDNESS, AND INVESTMENT INCOME THEREON, BE COLLECTED
AND SPENT BY THE DISTRICT WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING,
OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?
2
Number of votes for: -----------------
0
Number of votes against: -----------------
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
CONTINUED
1-11-103 AND 32-1-104(1), C.R.S.
Question C:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXX XX
INCREASED $100,000,000 (PRINCIPAL AMOUNT) WITH A REPAYMENT COST OF
$500,000,000 (MAXIMUM TOTAL DISTRICT COST), SUCH DEBT TO CONSIST OF EVIDENCES
OF INDEBTEDNESS (INCLUDING WITHOUT LIMITATION INTERGOVERNMENTAL AGREEMENT
OR AGREEMENTS WITH XXXXXX RIDGE METROPOLITAN DISTRICT NO. 1, XXXXXX RIDGE
METROPOLITAN DISTRICT XX. 0, XXXXXX XXXXX XXXXXXXXXXXX XXXXXXXX XX. 0 AND
XXXXXX RIDGE METROPOLITAN DISTRICT NO. 5, OR ANY OR ALL OF THE FOREGOING) FOR
THE PURPOSES OF DESIGNING, ACQUIRING, INSTALLING, CONSTRUCTING, EQUIPPING,
OPERATING AND MAINTAINING WATER, SANITATION, STREET, TRAFFIC SAFETY,
TRANSPORTATION, PARKS AND RECREATION AND FIRE PROTECTION FACILITIES AND
EQUIPMENT WITHIN OR FOR THE BENEFIT OF THE DISTRICT; SUCH EVIDENCE OF
INDEBTEDNESS TO BE ISSUED AT A MAXIMUM NET EFFECTIVE INTEREST
RATE OF 45% PER ANNUM AND TO MATURE OR BE PAYABLE IN NOT MORE THAN 40 YEARS;
AND SHALL THE PROCEEDS OF SUCH EVIDENCES OF INDEBTEDNESS, AND
ANY INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY THE DISTRICT WITHOUT
REGARD TO ANY EXPENDITURE, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED
WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?"
2
Number of votes for: -----------------
0
Number of votes against: -----------------
Question D:
"SHALL THE EXECUTION, DELIVERY AND PERFORMANCE BY XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 2 ("DISTRICT") OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN
THE DISTRICT, XXXXXX RIDGE METROPOLITAN DISTRICT NO. 5 ("DISTRICT NO. 5") AND
ANY OTHER PARTIES THERETO WHEREBY THE DISTRICT AGREES TO PROVIDE FUNDS TO
OPERATE AND MAINTAIN PARKS AND RECREATION FACILITIES AND EQUIPMENT ("DISTRICT
NO. 5 FACILITIES") FOR THE BENEFIT OF THE DISTRICT WITH RESPECT TO THE
DISTRICT NO. 5 FACILITIES BE APPROVED?"
2
Number of votes for: -----------------
0
Number of votes against: -----------------
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
CONTINUED
1-11-103 and 32-1-104(1), C.R.S.
Question E:
"SHALL XXXXXX RIDGE METROPOLITAN DISTRICT NO. 2, FOR PURPOSES OTHER THAN
ENTERPRISES, BE PERMITTED TO MAINTAIN FISCAL YEAR SPENDING AND ANNUAL
DISTRICT REVENUES FROM SOURCES NOT EXCLUDED FROM FISCAL YEAR SPENDING IN AN
AMOUNT NOT TO EXCEED $1,000,000 IN 1995 AND EACH YEAR THEREAFTER, SUCH AMOUNT
TO INCREASE ANNUALLY IN EACH YEAR AFTER 1995 IN AN AMOUNT NOT TO EXCEED THE
APPLICABLE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION
AND COLORADO LAW?"
Number of votes for: 2
-----------------
Number of votes against: 0
-----------------
(Signed) /s/ XXXXXXXX X. XXXXXX
---------------------------------
Designated Electon Official
(Signed) /s/ XXXXXXX X. ADDELSPERGER
---------------------------------
Canvasser
(Signed)
---------------------------------
Canvasser
Contact Person For District
X.X. XXXXX CORP. ATTN: XXX XXXXX
---------------------------------------------------------------------
0000 XXXXX XXXXXXXX XXX, XXXXX 000, XXXXXXXXX XXXXXXX, XX 00000
---------------------------------------------------------------------
Business Address
(000) 000-0000
---------------------------------------------------------------------
Telephone Number
PREPARE AND DELIVER A CERTIFICATE OF ELECTION TO THOSE CANDIDATES
RECEIVING THE HIGHEST NUMBER OF VOTES.
DEPOSIT ONE COPY WITH THE CLERK AND RECORDER OF EACH COUNTY IN
WHICH THE SPECIAL DISTRICT IS LOCATED.
SEND ONE COPY TO: DIVISION OF LOCAL GOVERNMENT
0000 XXXXXXX XXXXXX, XXXX 000
XXXXXX, XX 00000
3
JUDGE'S CERTIFICATE OF ELECTION RETURNS
1-7-601, C.R.S.
IT IS HEREBY CERTIFIED by the undersigned, who conducted the election held in
the XXXXXX RIDGE METROPOLITAN DISTRICT NO. 2, (by mail ballot), in the
county of Xxxxxxx, and state of Colorado, on the 7th day of November, in the
year 1995, that after qualifying by swearing and subscribing to their Oaths
of Office they opened the polls at 7:00 A.M., and that they kept the polls
open continuously until the hour of 7:00 P.M. on said date, after which they
counted the ballots cast for directors of said District and for any ballot
issues and ballot questions submitted.
THAT THE VOTES CAST FOR AND AGAINST EACH BALLOT ISSUE AND BALLOT QUESTION
SUBMITTED WERE AS FOLLOWS:
YES NO
Question A 2 two 0 zero
--------------------------- ---------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question B 2 two 0 zero
--------------------------- ---------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question C 2 two 0 zero
--------------------------- ---------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question D 2 two 0 zero
--------------------------- ---------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question E 2 two 0 zero
--------------------------- ---------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
1
JUDGES'S CERTIFICATE OF ELECTION RETURNS CONTINUED
1-7-601, C.R.S.
It is hereby identified and specified that:
Numeric
Total Number of Ballots Received from
the Designated Election Official: 5
---------------------
Total number of ballots voted: 2
---------------------
Unofficial ballots voted: 0
---------------------
Substitute ballots voted: 0
---------------------
Ballots delivered to electors: 3
---------------------
Spoiled ballots: 0
---------------------
Ballots rejected for insufficient
information: 1
---------------------
Challenged ballots: 0
---------------------
Ballots not delivered to electors: 2
---------------------
Ballots returned to the Designated
Electon Official: 5
---------------------
(All unused ballots, spoiled ballots, and stubs of ballots voted shall be
returned with the statement.)
Certified by us:
/s/ XXXX X. XXXX , Election Judge
-------------------------------------------
/s/ XXXXXXX X. XXXXXX , Election Judge
-------------------------------------------
, Election Judge
-------------------------------------------
November 7, 1995
Precinct Number if Applicable: N/A
---------
2
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
1-11-103 AND 32-1-104(1), C.R.S.
Xxxxxx Ridge Metropolitan District No. 3, Xxxxxxx County, Colorado
Each of the undersigned members of the board of canvassers of the Xxxxxx
Ridge Metropolitan District No. 3 certifies that the following is a true and
correct statement of the results of the Special Election for the above-named
District, at which time the eligible electors of the District voted as
indicated on the attached Judges' Certificate of Election Returns, for each
question submitted:
Question A:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXXX XX
INCREASED $1,500,000 ANNUALLY, COMMENCING IN 1995, FOR THE PURPOSE OF PAYING
THE DISTRICT'S OBLIGATIONS IN CONNECTION WITH AN INTERGOVERNMENTAL SERVICES
AGREEMENT BY AND BETWEEN THE DISTRICT, XXXXXX RIDGE METROPOLITAN DISTRICT NO.
5 ("DISTRICT NO. 5") AND ANY OTHER PARTIES THERETO WHEREBY THE DISTRICT
AGREES TO PROVIDE FUNDS TO OPERATE AND MAINTAIN PARKS AND RECREATION
FACILITIES AND EQUIPMENT ("DISTRICT NO. 5 FACILITIES") FOR THE BENEFIT OF THE
DISTRICT WITH RESPECT TO THE DISTRICT NO. 5 FACILITIES AND SHALL THE PROCEEDS
OF SUCH TAXES AND INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY
THE DISTRICT WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?"
Number of votes for: 3
--------
Number of votes against: 0
--------
Question B:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXX XX
INCREASED $100,000,000 (PRINCIPAL AMOUNT) WITH A REPAYMENT COST OF
$500,000,000 (MAXIMUM TOTAL DISTRICT COST), SUCH DEBT TO CONSIST OF BONDS OR
OTHER EVIDENCES OF INDEBTEDNESS (INCLUDING WITHOUT LIMITATION AN
INTERGOVERNMENTAL AGREEMENT OR AGREEMENTS WITH XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 1, XXXXXX RIDGE METROPOLITAN DISTRICT XX. 0, XXXXXX XXXXX
XXXXXXXXXXXX XXXXXXXX XX. 0 AND XXXXXX RIDGE METROPOLITAN DISTRICT NO. 5, OR
ANY OR ALL OF THE FOREGOING) FOR THE PURPOSES OF DESIGNING, ACQUIRING,
INSTALLING, CONSTRUCTING, EQUIPPING, OPERATING AND MAINTAINING WATER,
SANITATION, STREET, TRAFFIC SAFETY, TRANSPORTATION, PARKS AND RECREATION AND
FIRE PROTECTION FACILITIES AND EQUIPMENT WITHIN OR FOR THE BENEFIT OF THE
DISTRICT. SUCH BONDS OR OTHER EVIDENCE OF INDEBTEDNESS TO BE ISSUED AT A
MAXIMUM NET EFFECTIVE INTEREST RATE OF 45% PER ANNUM AND TO MATURE OR BE
PAYABLE IN NOT MORE THAN 40 YEARS; AND SHALL THE PROCEEDS OF SUCH BONDS OR
OTHER EVIDENCES OF INDEBTEDNESS, AND INVESTMENT INCOME THEREON, BE COLLECTED
AND SPENT BY THE DISTRICT WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING,
OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?
Number of votes for: 3
--------
Number of votes against: 0
--------
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
CONTINUED
1-11-103 AND 32-1-104(1), C.R.S.
Question C:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXX XX
INCREASED $100,000,000, WITH A REPAYMENT COST OF $500,000,000, (MAXIMUM TOTAL
DISTRICT COST), SUCH DEBT TO CONSIST OF EVIDENCES OF INDEBTEDNESS (INCLUDING
WITHOUT LIMITATION INTERGOVERNMENTAL AGREEMENT OR AGREEMENTS WITH XXXXXX
RIDGE METROPOLITAN DISTRICT NO. 1, XXXXXX RIDGE METROPOLITAN DISTRICT XX. 0,
XXXXXX XXXXX XXXXXXXXXXXX XXXXXXXX XX. 0 AND XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 5, OR ANY OR ALL OF THE FOREGOING; FOR THE PURPOSES OF
DESIGNING, ACQUIRING, INSTALLING, CONSTRUCTING, EQUIPPING, OPERATING AND
MAINTAINING WATER, SANITATION, STREET, TRAFFIC SAFETY, TRANSPORTATION, PARKS
AND RECREATION AND FIRE PROTECTION FACILITIES AND EQUIPMENT WITHIN OR FOR THE
BENEFIT OF THE DISTRICT; SUCH EVIDENCE OF INDEBTEDNESS TO BE ISSUED AT A
MAXIMUM NET EFFECTIVE INTEREST RATE OF 45% PER ANNUM AND TO MATURE OR BE
PAYABLE IN NOT MORE THAN 40 YEARS; AND SHALL THE PROCEEDS OF SUCH EVIDENCES
OF INDEBTEDNESS, AND ANY INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY
THE DISTRICT WITHOUT REGARD TO ANY EXPENDITURE. REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?"
Number of votes for: 3
--------
Number of votes against: 0
--------
Question D:
"SHALL THE EXECUTION, DELIVERY AND PERFORMANCE BY XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 3 ("DISTRICT") OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN
THE DISTRICT, XXXXXX RIDGE METROPOLITAN DISTRICT NO. 5 ("DISTRICT NO. 5") AND
ANY OTHER PARTIES THERETO WHEREBY THE DISTRICT AGREES TO PROVIDE FUNDS TO
OPERATE AND MAINTAIN PARKS AND RECREATION FACILITIES AND EQUIPMENT ("DISTRICT
NO. 5 FACILITIES") FOR THE BENEFIT OF THE DISTRICT WITH RESPECT TO THE
DISTRICT NO. 5 FACILITIES, BE APPROVED?"
Number of votes for: 3
--------
Number of votes against: 0
--------
Question E:
"SHALL XXXXXX RIDGE METROPOLITAN DISTRICT NO. 3, FOR PURPOSES OTHER THAN
ENTERPRISES, BE PERMITTED TO MAINTAIN FISCAL YEAR SPENDING AND ANNUAL
DISTRICT REVENUES FROM SOURCES NOT EXCLUDED FROM FISCAL YEAR SPENDING IN AN
AMOUNT NOT TO EXCEED $1,000,000 IN 1995 AND EACH YEAR THEREAFTER, SUCH AMOUNT
TO INCREASE ANNUALLY IN EACH YEAR AFTER 1995 IN AN AMOUNT NOT TO EXCEED THE
APPLICABLE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION
AND COLORADO LAW?"
Number of votes for: 3
--------
Number of votes against: 0
--------
2
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
CONTINUED
1-11-103 AND 32-1-104(1), C.R.S.
(Signed) /s/ XXXXXXX X. XXXXXX
--------------------------------
Designated Election Official
(Signed) XXXXXXX X. XXXXXXXXXXXX
--------------------------------
Canvasser
(Signed)
--------------------------------
Canvasser
X.X. XXXXX CORP. ATTN: XXX XXXXX
------------------------------------------------------------
Contact Person For District
0000 XXXXX XXXXXXXX XXX, XXXXX 000
XXXXXXXXX XXXXXXX, XX 00000
------------------------------------------------------------
Business Address
(000) 000-0000
------------------------------------------------------------
Telephone Number
Prepare and deliver a Certificate of Election to those candidates receiving
the highest number of votes.
Deposit one copy with the Clerk and Recorder of each county in which the
special district is located.
Send one copy to: Division of Local Government
0000 Xxxxxxx Xxxxxx, Xxxx 000
Xxxxxx, XX 00000
3
JUDGE'S CERTIFICATE OF ELECTION RETURNS
1-7-601, C.R.S.
IT IS HEREBY CERTIFIED by the undersigned, who conducted the election held in
the XXXXXX RIDGE METROPOLITAN DISTRICT NO. 3, (by mail ballot), in the county
of Xxxxxxx, and state of Colorado, on the 7th day of November, in the
year 1995, that after qualifying by swearing and subscribing to their Oaths
of Office they opened the polls at 7:00 A.M., and that they kept the polls
open continuously until the hour of 7:00 P.M. on said date, after which they
counted the ballots cast for directors of said District and for any ballot
issues and ballot questions submitted.
THAT THE VOTES CAST FOR AND AGAINST EACH BALLOT ISSUE AND BALLOT QUESTION
SUBMITTED WERE AS FOLLOWS:
YES NO
Question A 3 Three 0 Zero
-------------------- --------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question B 3 Three 0 Zero
-------------------- --------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question C 3 Three 0 Zero
-------------------- --------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question D 3 Three 0 Zero
-------------------- --------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question E 3 Three 0 Zero
-------------------- --------------------
(Numeric & Spell Out) (Numeric & Spell Out)
1
JUDGE'S CERTIFICATE OF ELECTION RETURNS CONTINUED
1-7-601, C.R.S.
It is hereby identified and specified that:
Numeric
Total Number of Ballots Received from 5
the Designated Election Official: -------------------------
Total number of ballots voted: 3
-------------------------
Unofficial ballots voted: 0
-------------------------
Substitute ballots voted: 0
-------------------------
Ballots delivered to electors: 3
-------------------------
Spoiled ballots: 0
-------------------------
Ballots rejected for insufficient 0
information -------------------------
Challenged ballots: 0
-------------------------
Ballots not delivered to electors: 2
-------------------------
Ballots returned to the Designated 5
Election Official: -------------------------
(All unused ballots, spoiled ballots, and stubs of ballots voted shall be
returned with the statement.)
Certified by us:
, Election Judge
-----------------------------------
Xxxxxxx X. Xxxxxx , Election Judge
-----------------------------------
Xxxx X. (Illegible) , Election Judge
-----------------------------------
November 7, 1995
Precinct Number if Applicable: N/A
----
2
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
1-11-103 AND 32-1-104(1), C.R.S.
Xxxxxx Ridge Metropolitan District No. 4, Xxxxxxx County, Colorado
Each of the undersigned members of the board of canvassers of the Xxxxxx
Ridge Metropolitan District No. 4 certifies that the following is a true and
correct statement of the results of the Special Election for the above-named
District, at which time the eligible electors of the District voted as
indicated on the attached Judges' Certificate of Election Returns, for each
question submitted.
Question A:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXXX XX
INCREASED $1,500,000 ANNUALLY COMMENCING IN 1995, FOR THE PURPOSE OF PAYING
THE DISTRICT'S OBLIGATIONS IN CONNECTION WITH AN INTERGOVERNMENTAL SERVICES
AGREEMENT BY AND BETWEEN THE DISTRICT, XXXXXX RIDGE METROPOLITAN DISTRICT NO.
5 ("DISTRICT NO. 5") AND ANY OTHER PARTIES THERETO WHEREBY THE DISTRICT
AGREES TO PROVIDE FUNDS TO OPERATE AND MAINTAIN PARKS AND RECREATION
FACILITIES AND EQUIPMENT ("DISTRICT NO. 5 FACILITIES") FOR THE BENEFIT OF THE
DISTRICT WITH RESPECT TO THE DISTRICT NO. 5 FACILITIES AND SHALL THE PROCEEDS
OF SUCH TAXES AND INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY THE
DISTRICT WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?"
Number of votes for: 2
---------------------
Number of votes against: 0
---------------------
Question B;
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXX XX
INCREASED $100,000,000 (PRINCIPAL AMOUNT) WITH A REPAYMENT COST OF
$500,000,000 (MAXIMUM TOTAL DISTRICT COST), SUCH DEBT TO CONSIST OF BONDS OR
OTHER EVIDENCES OF INDEBTEDNESS (INCLUDING WITHOUT LIMITATION AN
INTERGOVERNMENTAL AGREEMENT OR AGREEMENT WITH XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 1, XXXXXX RIDGE METROPOLITAN DISTRICT XX. 0, XXXXXX XXXXX
XXXXXXXXXXXX XXXXXXXX XX. 0 AND XXXXXX RIDGE METROPOLITAN DISTRICT NO. 5, OR
ANY OR ALL OF THE FOREGOING) FOR THE PURPOSES OF DESIGNING, ACQUIRING,
INSTALLING, CONSTRUCTING, EQUIPPING, OPERATING AND MAINTAINING WATER,
SANITATION, STREET, TRAFFIC SAFETY, TRANSPORTATION, PARKS AND RECREATION AND
FIRE PROTECTION FACILITIES AND EQUIPMENT WITHIN OR FOR THE BENEFIT OF THE
DISTRICT, SUCH BONDS OR OTHER EVIDENCE OF INDEBTEDNESS TO BE ISSUED AT A
MAXIMUM INTEREST RATE OF 45% PER ANNUM AND TO MATURE OR BE PAYABLE IN NOT
MORE THAN 40 YEARS; AND SHALL THE PROCEEDS OF SUCH BONDS OR OTHER EVIDENCES
OF INDEBTEDNESS, AND INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY THE
DISTRICT WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?
Number of votes for: 2
---------------------
Number of votes against: 0
---------------------
JUDGE'S CERTIFICATE OF ELECTION RETURNS
1-7-601, C.R.S.
IT IS HEREBY CERTIFIED by the undersigned, who conducted the election held in
the XXXXXX RIDGE METROPOLITAN DISTRICT NO. 4, (by mail ballot), in the county
of Xxxxxxx, and state of Colorado, on the 7th day of November, in the year
1995, that after qualifying by swearing and subscribing to their Oaths of
Office they opened the polls at 7:00 A.M., and that they kept the polls open
continuously until the hour of 7:00 P.M. on said date, after which they
counted the ballots cast for directors of said district and for any ballot
issues and ballot questions submitted.
That the votes cast for and against each ballot issue and ballot question
submitted were as follows:
YES NO
Question A 2 TWO 0 ZERO
------------------------- -------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question B 2 TWO 0 ZERO
------------------------- -------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question C 2 TWO 0 ZERO
------------------------- -------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question D 2 TWO 0 ZERO
------------------------- -------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question E 2 TWO 0 ZERO
------------------------- -------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
1
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
1-11-103 AND 32-1-104(1), C.R.S.
Question C:
""SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXX XX
INCREASED $100,000,000, WITH A REPAYMENT COST OF $500,000,000 (MAXIMUM TOTAL
DISTRICT COST), SUCH DEBT TO CONSIST OF EVIDENCES OF INDEBTEDNESS (INCLUDING
WITHOUT LIMITATION INTERGOVERNMENTAL AGREEMENT OR AGREEMENTS WITH XXXXXX
RIDGE METROPOLITAN DISTRICT. NO. 1, XXXXXX RIDGE METROPOLITAN DISTRICT XX. 0,
XXXXXX XXXXX XXXXXXXXXXXX XXXXXXXX XX. 0 AND XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 5 OR ANY OR ALL OF THE FOREGOING) FOR THE PURPOSES OF DESIGNING,
ACQUIRING, INSTALLING, CONSTRUCTING, EQUIPPING, OPERATING AND MAINTAINING
WATER, SANITATION, STREET, TRAFFIC SAFETY, TRANSPORTATION, PARKS AND
RECREATION AND FIRE PROTECTION FACILITIES AND EQUIPMENT WITHIN OR FOR THE
BENEFIT OF THE DISTRICT. SUCH EVIDENCE OF INDEBTEDNESS TO BE ISSUED AT A
MAXIMUM NET EFFECTIVE INTEREST RATE OF 45% PER ANNUM AND TO MATURE OR BE
PAYABLE IN NOT MORE THAN 40 YEARS; AND SHALL THE PROCEEDS OF SUCH EVIDENCE OF
INDEBTEDNESS, AND ANY INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY
THE DISTRICT WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?"
Number of votes for: 2
--------
Number of votes against: 0
--------
Question D:
"SHALL THE EXECUTION, DELIVERY AND PERFORMANCE BY XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 4 ("DISTRICT") OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN
THE DISTRICT, XXXXXX RIDGE METROPOLITAN DISTRICT NO. 5 ("DISTRICT NO. 5") AND
ANY OTHER PARTIES THERETO WHEREBY THE DISTRICT AGREES TO PROVIDE FUNDS TO
OPERATE AND MAINTAIN PARKS AND RECREATION FACILITIES AND EQUIPMENT
("DISTRICT NO. 5 FACILITIES") FOR THE BENEFIT OF THE DISTRICT WITH RESPECT TO
THE DISTRICT NO. 5 FACILITIES, BE APPROVED?"
Number of votes for: 2
--------
Number of votes against: 0
--------
2
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
CONTINUED
1-11-103 AND 32-1-104(1), C.R.S.
Question E:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 FOR PURPOSES OTHER THAN
ENTERPRISES, BE PERMITTED TO MAINTAIN FISCAL YEAR SPENDING AND ANNUAL
DISTRICT REVENUES FROM SOURCES NOT EXCLUDED FROM FISCAL YEAR SPENDING IN AN
AMOUNT NOT TO EXCEED $1,000,000 IN 1995 AND EACH YEAR THEREAFTER, SUCH AMOUNT
TO INCREASE ANNUALLY IN EACH YEAR AFTER 1995 IN AN AMOUNT NOT TO EXCEED THE
APPLICABLE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION
AND COLORADO LAW?"
Number of votes for: 2
--------
Number of votes against: 0
--------
(Signed) XXXXXXX X. XXXXXX
--------------------------------
Designated Election Official
(Signed) XXXXXXX X. ADDELSPERGER
--------------------------------
Canvasser
(Signed)
--------------------------------
Canvasser
X.X. XXXXX CORP. ATTN: XXX XXXXX
------------------------------------------------------------
Contact Person For District
0000 XXXXX XXXXXXXX XXX, XXXXX 000
XXXXXXXXX XXXXXXX, XX 00000
------------------------------------------------------------
Business Address
(000) 000-0000
------------------------------------------------------------
Telephone Number
Prepare and deliver a Certificate of Election to those candidates receiving
the highest number of votes.
Deposit one copy with the Clerk and Recorder of each county in which the
special district is located.
Send one copy to: Division of Local Government
0000 Xxxxxxx Xxxxxx, Xxxx 000
Xxxxxx, XX 00000
3
JUDGE'S CERTIFICATE OF ELECTION RETURNS CONTINUED
1-7-601, C.R.S.
It is hereby identified and specified that:
Numeric
Total Number of Ballots Received from
the Designated Election Official: 5
---------------------
Total number of ballots voted: 2
---------------------
Unofficial ballots voted: 0
---------------------
Substitute ballots voted: 0
---------------------
Ballots delivered to electors: 3
---------------------
Spoiled ballots: 0
---------------------
Ballots rejected for insufficient
information: 1
---------------------
Challenged ballots: 0
---------------------
Ballots not delivered to electors: 2
---------------------
Ballots returned to the Designated
Electon Official: 5
---------------------
(All unused ballots, spoiled ballots, and stubs of ballots voted shall be
returned with the statement.)
Certified by us:
, Election Judge
-------------------------------------------
/s/ XXXXXXX X. XXXXXX , Election Judge
-------------------------------------------
/s/ XXXX X. XXXX , Election Judge
-------------------------------------------
November 7, 1995
Precinct Number if Applicable: N/A
---------
2
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 7, 1995
1-11-103 AND 32-1-104(1), C.R.S.
Xxxxxx Ridge Metropolitan District No. 5, Xxxxxxx County, Colorado
Each of the undersigned members of the board of canvassers of the Xxxxxx
Ridge Metropolitan District No. 5 certifies that the following is a true and
correct statement of the results of the Special Election for the above-named
District, at which time the eligible electors of the District voted as
indicated on the attached Judges' Certificate of Election Returns, for each
question submitted:
Question A:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXX XX
INCREASED $100,000,000 (PRINCIPAL AMOUNT) WITH A REPAYMENT COST OF
$500,000,000 (MAXIMUM TOTAL DISTRICT COST), SUCH DEBT TO CONSIST OF BONDS OR
OTHER EVIDENCES OF INDEBTEDNESS (INCLUDING WITHOUT LIMITATION AN
INTERGOVERNMENTAL AGREEMENT OR AGREEMENTS WITH XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 1, XXXXXX RIDGE METROPOLITAN DISTRICT XX. 0, XXXXXX XXXXX
XXXXXXXXXXXX XXXXXXXX XX. 0 AND XXXXXX RIDGE METROPOLITAN DISTRICT NO. 4, OR
ANY OR ALL OF THE FOREGOING) FOR THE PURPOSES OF DESIGNING, ACQUIRING,
INSTALLING, CONSTRUCTING, EQUIPPING, OPERATING AND MAINTAINING WATER,
SINITATION, STREET, TRAFFIC SAFETY, TRANSPORTATION, PARKS AND RECEATION AND
FIRE PROTECTION FACILITIES AND EQUIPMENT WITHING OR FOR THE BENEFIT OF THE
DISTRICT; SUCH BONDS OR OTHER EVIDENCE OF INDEBTEDNESS TO BE ISSUED AT A
MIXIMUM NET EFFECTIVE INTEREST RATE OF 45% PER ANNUM AND TO MATURE OR BE
PAYABLE IN NOT MORE THAN 40 YEARS; AND SHALL THE PROCEEDS OF SUCH BONDS OR
OTHER EVIDENCES OF INDEBTEDNESS, AND INVESTMENT INCOME THEREON, BE COLLECTED
AND SPENT BY THE DISTRICT WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING,
OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?
Number of votes for: 3
-----------------
Number of votes against: 0
-----------------
Question B:
"SHALL XXXXXX RIDGE XXXXXXXXXXXX XXXXXXXX XX. 0 ("XXXXXXXX") XXXX XX
INCREASED $100,000,000, WITH A REPAYMENT COST OF $500,000,000, (MAXIMUM TOTAL
DISTRICT COST), SUCH DEBT TO CONSIST OF EVIDENCES OF INDEBTEDNESS (INCLUDING
WITHOUT LIMITATION INTERGOVERNMENTAL AGREEMENT OR AGREEMENTS WITH XXXXXX
RIDGE METROPOLITAN DISTRICT NO. 1, XXXXXX RIDGE METROPOLITAN DISTRICT XX. 0,
XXXXXX XXXXX XXXXXXXXXXXX XXXXXXXX XX. 0 AND XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 4, OR ANY OR ALL OF THE FOREGOING) FOR THE PURPOSES OF
DESIGNING, ACQURING, INSTALLING, CONSTRUCTING, EQUIPPING, OPERATING AND
MAINTAINING WATER, SANITATION, STREET, TRAFFIC SAFETY, TRANSPORTATION, PARKS
AND RECREATION AND FIRE PROTECTION FACILITIES AND EQUIPMENT WITHIN OR FOR THE
BENEFIT OF THE DISTRICT; SUCH EVIDENCE OF INDEBTEDNESS TO BE ISSUED AT A
MAXIMUM NET EFFECTIVE INTEREST RATE OF 45% PER ANNUM AND TO MATURE OR BE
PAYABLE IN NOT MORE THAN 40 YEARS; AND SHALL THE PROCEEDS OF SUCH EVIDENCES
OF INDEBTEDNESS, AND ANY INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY
THE DISTRICT WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?"
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 8, 1994
CONTINUED
1-11-1-3 AND 32-1-104(1), C.R.S.
Number of votes for: 3
-----------------
Number of votes against: 0
-----------------
Question C:
"SHALL THE EXECUTION, DELIVERY AND PERFORMANCE BY XXXXXX RIDGE METROPOLITAN
DISTRICT NO. 5 ("DISTRICT") OF A RECREATIONAL FACILITIES SERVICES AGREEMENT
BY AND BETWEEN THE DISTRICT AND A NONPROFIT CORPORATION ORGANIZED FOR THE
BENEFIT OF THE DISTRICT AND ITS INHABITANTS, WHEREBY THE DISTRICT AGREES TO
PROVIDE FUNDS TO OPERATE AND MAINTAIN PARKS AND RECREATION FACILITIES AND
EQUIPMENT ("DISTRICT FACILITIES") IN OR FOR THE BENEFIT OF THE DISTRICT AND
PROVIDE ALL SERVICES WITH RESPECT TO THE DISTRICT FACILITIES, BE APPROVED?"
Number of votes for: 3
-----------------
Number of votes against: 0
-----------------
Question D:
"SHALL XXXXXX RIDGE METROPOLITAN DISTRICT NO. 5, FOR PURPOSES OTHER THAN
ENTERPRISES, BE PERMITTED TO MAINTAIN FISCAL YEAR SPENDING AND ANNUAL
DISTRICT REVENUES FROM SOURCES NOT EXCLUDED FROM FISCAL YEAR SPENDING IN AN
AMOUNT NOT TO EXCEED $2,000,000 IN 1995 AND EACH YEAR THEREATER, SUCH AMOUNT
TO INCREASE ANNUALLY IN EACH YEAR AFTER 1995 IN AN AMOUNT NOT OT EXCEED THE
APPLICABLE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION
AND COLORADO LAW?"
Number of votes for: 3
-----------------
Number of votes against: 0
-----------------
(Signed) /s/ XXXXXXX X. XXXXXX
--------------------------------------------
Designated Election Official
(Signed) /s/ XXXXXXX X. XXXXXXXXXXXX
--------------------------------------------
Canvasser
(Signed)
--------------------------------------------
Canvasser
2
BOARD OF CANVASSERS CERTIFICATE OF ELECTION RESULTS
FOR THE SPECIAL ELECTION
HELD TUESDAY, NOVEMBER 8, 1994
1-11-103 AND 32-1-104(1), C.R.S.
R.S. XXXXX CORP. ATTN: XXX XXXXX
------------------------------------------------------------
Contact Person For District
0000 XXXXX XXXXXXXX XXX, XXXXX 000
XXXXXXXXX XXXXXXX, XX 00000
------------------------------------------------------------
Business Address
(000) 000-0000
------------------------------------------------------------
Telephone Number
Prepare and deliver a Certificate of Election to those candidates receiving
the highest number of votes. Deposit one copy with the Clerk and Recorder of
each county in which the special district is located.
Send one copy to: Division of Local Government
0000 Xxxxxxx Xxxxxx, Xxxx 000
Xxxxxx, XX 00000
3
JUDGE'S CERTIFICATE OF ELECTION RETURNS
1-7-601, C.R.S.
IT IS HEREBY CERTIFIED by the undersigned, who conducted the election held in
the XXXXXX RIDGE METROPOLITAN DISTRICT NO. 5, (by mail ballot), in the county
of Xxxxxxx, and state of Colorado, on the 7th day of November, in the year
1995, that after qualifying by swearing and subscribing to their Oaths of
Office they opened the polls at 7:00 A.M., and that they kept the polls open
continuously until the hour of 7:00 P.M. on said date, after which they
counted the ballots cast for directors of said District and for any ballot
issues and ballot questions submitted.
That the votes cast for and against each ballot issue and ballot question
submitted were as follows:
YES NO
Question A 3 THREE 0 ZERO
------------------------- -------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question B 3 THREE 0 ZERO
------------------------- -------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question C 3 THREE 0 ZERO
------------------------- -------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
YES NO
Question D 3 THREE 0 ZERO
------------------------- -------------------------
(Numeric & Spell Out) (Numeric & Spell Out)
1
JUDGE'S CERTIFICATE OF ELECTION RETURNS CONTINUED
1-7-601, C.R.S.
It is hereby identified and specified that:
Numeric
Total Number of Ballots Received from
the Designated Election Official: 5
--------------
Total number of ballots voted: 3
--------------
Unofficial ballots voted: 0
--------------
Substitute ballots voted: 0
--------------
Ballots delivered to electors: 3
--------------
Spoiled ballots: 0
--------------
Ballots rejected for insufficient
information: 0
--------------
Challenged ballots: 0
--------------
Ballots not delivered to electors: 2
--------------
Ballots returned to the Designated
Election Official: 5
--------------
(All unused ballots, spoiled ballots, and stubs of ballots voted shall be
returned with the statement.)
Certified by us:
XXXX X. XXXX
--------------------------------------------, Election Judge
XXXXXXX X. XXXXXX
--------------------------------------------, Election Judge
--------------------------------------------, Election Judge
November 7, 1995
Precinct Number if Applicable: N/A
-----
2
