Important information
regarding Special District formation:
The following excerpt is
taken from the minutes of the UAHR May 9, 2006 meeting. The report was
given by Van Lewis -- Heather Ridge South.
Report
from GCAAG -- Van
Lewis said research is suggesting new & beneficial advantages to the
formation of the Special District other than what we first planned.
He introduced a new website that provides information regarding land
rights, special districts, and rules applying to HOAs that is bountiful with
benefits. The site is Colorado Department of Local Affairs.
See http://www.dola.state.co.us/LGS/TA/election.htm,
(not dola.gov which was referred to incorrectly in the meeting). Van also referenced
Colorado
’s websites for looking at Article 32 statutes concerning Special Districts.
That address is http://colorado.gov/colorado-how-do-i/government-law.html, then click on LexisNexis (that's free). Van stated his
belief that this website is critically important for
everyone to review. He recommended we put a link to it on our website and
in the Minutes for this meeting as follows:
Go to http://www.dola.state.co.us/
which opens with their home
page. Once opened, go the left side of that page and select and
double click on Information and Publications. When that page
opens, go to topic area Publications (center of page about half-way down) and
double-click on Local Government Assistance Guides. The next page that
opens has in its center an alphabetical list of topics. Go to the
following for further information: Forming & Statutory Responsibilities of
Title 32 Special Districts; Special District Elections: Review for Homeowners;
Special District Service Plans; TABOR, Gallagher & Mill Levies.
==================================================================================
WHAT’S SO SPECIAL
ABOUT SPECIAL DISTRICTS?
Special thanks to
Sharon Gunderson, Double Tree, for this important
explanation.
What’s so special about
a special district?
Answer: focused
service. The
proposed special district discussed here would be focused on providing a single
service; the preservation and operation of the Heather Ridge 18 hole golf
course. As
stated on the State of
Colorado
’s web site about planning, “Planning can provide a wide number of benefits
to a community. It
can ensure that open spaces are protected from development—an issue that is
paramount to communities struggling to preserve their quality of life….Good
land use planning is proactive in nature and helps prevent accusations that land
use decisions have been made in an arbitrary or capricious manner.”
In other words, we could use the special district to protect our
community environment in the manner it was originally planned back in the
1960’s.
Special
districts are local governments created by property owners to improve the
facilities and services needed for their property.
In the case of the
Heather
Ridge
community, the special district would be approved for organization by the
Aurora City Council pursuant to a service plan which outlines the scope of
activities, purposes and financial powers of the district.
The plan then goes to the voters residing in the boundaries of the
special district for approval.
Gary White, an attorney who specializes in forming special districts is
guiding the United Associations of Heather Ridge through this process.
Our intention is to have this issue on the May 2006 ballot.
The
district can be organized, with the City’s approval, to attempt to purchase
the golf course from the current owner, improve it, maintain it and operate its
facilities. The
Special District has authority to issue municipal bonds.
Tax revenues, approved by a vote of the property owners, would be used to
pay debt service on bonds issued.
Our model for the formation and operation of this special district is the
Heather
Gardens
community which went through this identical process in 1983.
Special districts are not a new idea.
George Washington, Benjamin Franklin and Paul Revere all served in
volunteer fire companies, i.e. special districts.
Special district government actually originated in
Rhode Island
in the 1790’s.
Our special district would be created pursuant to the authority granted
by Title 32, Article 1 of the Colorado Revised Statues and Chapter 122 of the
Aurora
City
code. There
are about 1,000 Title 32, Article 1 special districts that provide these types
of services in
Colorado
. Special
districts must be publicly accountable which means they must hold elections for
their governing board of directors, adopt annual budgets and submit to annual
financial audits.
Formation
of a Special District is the most feasible instrument the United Associations of
Heather Ridge - UAHR.org - has to insure the preservation of the 18-hole
Heather
Ridge
golf course. The
Special District enables the
Heather
Ridge
neighborhood to control the future of the golf course and prevent development.
Sources for above:
Attorney Gary White’s email regarding Special Districts to
Errol Rowland of 9/23/05
“Special Districts” forwarded to Errol Rowland by
Councilwoman Molly Markert
“
Colorado
– Local Government” www.city-data.com
“What’s So Special About Special Districts? – www.csda.net
“Special Districts: A
Brief Review for Prospective Homeowners” – www.dola.colorado.gov
“What Is Planning and Why Should A Community Plan” – www.dola.state.co.us/Smart
Growth/Documents/Why Plan
“
Jefferson
County
City
& Mountain Views – www.citymtnviews.com
======================================================================
FAQs on the UAHR Special
District:
Q: What
is the purpose for the UAHR.org to form a special district?
A: The
purpose of the UAHR special district is to preserve the Heather Ridge 18-hole
golf course in its present form. Without the special district, the threat
of developers "FILLING IN" this open space with asphalt, concrete and
roof tops will be with us forever.
Q: What are
the steps to form our special district?
A: There
are a couple of dozen legal steps to the formation of a special district.
Briefly:
·
Legal
assistance is necessary for the purpose of the formation. administration and
advice.
White,
Bear & Ankele, P.C. -- Gary White, attorney specializing in Special
District Formation & Administration is retained by UAHR.org
·
The
geographic boundaries must be formed. The boundaries can include or exclude
any property/area.
·
A Service
Plan is presented to the City of Aurora for approval.
·
An election
is scheduled -- our election is scheduled for (Mail in ballot only ) early
May 2006. There
will be four items category areas to vote on: 1. Should a Special District be
formed? 2. Election of 5 board members to administer the special
district. 3. Should bonds be issued? 4. Should a tax
be assessed?
·
The community
campaigns for the support to pass the Special District and Save the golf
course.
Q: Can we elect
to include the golf course grounds in the special district even if the owner of
the golf course does not want it to be in the special district?
A: Generally,
the golf course may be included as long as its taxable value is not more than
50% of the taxable value of the entire special district to be organized. There
are other considerations as well that we will need to address, but this general
response will probably suffice for the moment.
Q: Who
can vote in the formation of the UAHR.org special district?
A: Any
State of Colorado registered voter residing and registered within the boundaries
of the special district to be formed can vote. This can be property owners, leasers
or renters. Any State of Colorado registered voter owning property
Q: Who
can vote on issues after the UAHR.org special district has been formed?
A: Any
State of Colorado registered voter residing and registered within the boundaries
of the UAHR.org special district can vote. This can be property owners, leasers
or renters. Any State of Colorado registered voter owning property within
the boundaries of the UAHR.org special district can vote.
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