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In accordance with Section 32-104.5(3)(X), C.R.S., the following general explanation in plain, nontechnical language, is provided. This information is intended to be read in conjunction with all applicable legal requirements, governing documents, agreements, resolutions, and determinations of the Boards of Directors of the Districts.

1. A metropolitan district is a special district that provides any two or more of the following services:

(a) Fire protection;

(b) Mosquito control;

(d) Safety protection;

(e) Sanitation;

(f) Solid waste disposal facilities or collection and transportation of solid waste;

(g) Street improvement;

(h) Television relay and translation;

(i) Transportation; and

(j) Water.

The Districts’ Service Plan provides power and authority for Third Creek Metropolitan District No. 1 (“District No. 1”), Third Creek Metropolitan District No. 2 (“District No. 2”), and Third Creek Metropolitan District No. 3 (“District No. 3”). Except as otherwise provided below, all references on this webpage to the “Districts’ Service Plan” shall be mean Service Plan information applicable to District No. 1 and District No. 3 only.

2. In accordance with the Districts’ Service Plan, the Districts may provide the following public improvements and services:

The Districts shall have the power and authority to provide Public Improvements and related Operation and Maintenance activities within and without the boundaries of the Districts as such power and authority is described in the Special District Act, and other applicable statutes, common law and the Constitution, subject to the limitations set forth in the Service Plan including, but not limited to:

(a) Fire Protection Limitation. The Districts are not authorized to provide, operate or maintain fire protection facilities or services, unless such facilities and services are provided pursuant to an intergovernmental agreement between the Districts and the Town (the “District Activities IGA”). The District pay provide fire hydrants and related improvements installed as part of the water system.

(b) Television Relay and Translation Limitation. The Districts shall not be authorized to provide, operate and maintain television relay and translation facilities and services, other than for the installation of conduit as a part of a street construction project, unless such facilities and services are provided pursuant to the District Activities IGA.

(c) Telecommunication Facilities. The Districts agree that no telecommunication facilities owned, operated or otherwise allowed by the Districts shall be affect the ability of the City to expand its public safety telecommunication facilities or impair existing telecommunication facilities.

(d) Water Rights/Resources Limitation. The Districts shall not acquire, own, manage, adjudicate or develop water rights or resources except as otherwise provided pursuant to the District Activities IGA. Water and sanitary sewer facilities shall be conveyed to the South Adams County Water and Sanitation District (“South Adams”). The Districts’ powers with regard to water and sanitary sewer service is limited to financing, designing, constructing and installing facilities and then conveying ownership of the same to South Adams pursuant to the then-applicable rules, regulations and policies of South Adams. The Districts are not authorized to operate or maintain water facilities or sanitary sewer facilities, except as may be authorized by South Adams and the City. The Districts shall consent to the overlap of the District Boundaries by South Adams (in the event such property is not already included within the service area of South Adams) and shall execute a resolution of consent to the same as may be requested by South Adams.

The Districts provide or will provide the following ongoing services: operation and maintenance services for Public Improvements owned by the Districts that are not dedicated to the City or other governmental entity; provided that the Districts are not authorized to operate or maintain any part of the public improvements unless provision therefor has been made pursuant to the District Activities IGA, except that the Districts are required and obligated operate and maintain any park and recreation improvements within the boundaries of the Districts.

In addition, District No. 2 is building offsite improvements that benefit District No. 1, District No. 2, and District No. 3 pursuant to an Off-Site Improvement Agreement.

3. In accordance with the Districts’ Service Plan, the total amount of debt the Districts can incur to provide and pay for public infrastructure is as follows

The Districts (including District No. 2) shall not issue Debt in excess of $60,831,000 total aggregate principal amount.

4. In accordance with the Districts’ Service Plan, the following revenue may be used to pay for the Districts’ debt:

The Districts may impose a mill levy on Taxable Property within the District Boundary as a primary source of revenue for repayment of debt service. The District may also rely upon various other revenue sources authorized by law. At the District’s discretion, these may include the power to assess Fees, rates, tolls, penalties, or charges. No Fee related to repayment of Debt shall be authorized to be imposed upon or collected from Taxable Property owned or occupied by an End User subsequent to the issuance of a certificate of occupancy for such Taxable Property.

5. In accordance with the Districts’ Service Plan, the maximum mill levy the District may assess to pay for its debt is as follows:

Each District may impose an ad valorem tax (a mill being equal to 1/10th of 1 cent) upon the Taxable Property within the District for the purpose of paying the debt service requirements on District Debt. The Maximum Debt Mill Levy shall not exceed 55.277 mills, subject to the Mill Levy Adjustment.
If the total amount of aggregate District Debt is equal to or less than 50% of the issuing District’s assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to pay the Debt service on such Debt, without limitation of rate. For purposes of the foregoing, once Debt has been determined to be within the parameters of the foregoing sentence, so that the District is entitled to pledge to its payment an unlimited ad valorem mill levy, the District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in the issuing District’s Debt to assessed ratio.
The District may impose an ad valorem Operation and Maintenance Mill Levy (a mill being equal to 1/10th of 1 cent) upon the Taxable Property within the District for the purpose of paying Operation and Maintenance costs, subject to the Maximum Combined Mill Levy. Until such time as Maximum Debt Mill Levy becomes unlimited in accordance with #2 above, the Maximum Combined Mill Levy, which includes both the Maximum Debt Mill Levy and the Operation and Maintenance Mill Levy, shall not exceed 66.333 mills, but after the Maximum Debt Mill Levy becomes unlimited, the Maximum Operation and Maintenance Mill Levy becomes unlimited, the Maximum Operation and Maintenance Mill Levy shall not exceed11.056 mills, subject to the Mill Levy Adjustment.

Mill Levy Adjustment means if, on or after January 1 of the year of approval of the Service Plan (2019), there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the Maximum Debt Mill Levy, the Operations and Maintenance Mill Levy, and the Maximum Combined Mill Levy may be increased or decreased to reflect such changes, such increases and decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the applicable mill levy, as adjusted for changes occurring after such January 1, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation.

6. Residents within each District may serve on the Board of Directors of the District if they are eligible electors of the District. A resident is an eligible elector of the District if the resident lives within the boundaries of the District and is registered to vote in Colorado.

The following governmental entities overlap with the boundaries of Third Creek Metropolitan District Nos. 1 and 3:

Adams County
Commerce City
Commerce City E470 Commercial GID
Rangeview Library District
Regional Transportation District
School District 27-J Brighton
South Adams County Fire Protection District 4
South Adams County Water and Sanitation District
Urban Drainage and Flood Control District
Urban Drainage and Flood Control District – South Platte

The following systems are in place for contacting someone associated with the Districts:

During Regular Business Hours (Monday – Friday, 9:00 a.m. – 5:00 p.m., except for holidays or during closures): (303) 779-5710.

All contact methods are available on the "Contact Us" page.

Outside of Regular Business Hours or When District Personnel are otherwise unavailable or unreachable for emergent matters only: 1-800-215-8299.

The following process is in place for matters of an emergent nature, which is defined as matters that are urgent and require prompt attention which cannot wait until regular business hours due to the potential to affect the health, safety, and welfare of the residents and property owners in the Districts or the integrity of the public improvements owned, operated, and/or maintained by the Districts. Matters of an emergent nature do NOT include emergencies, which should be directed to the appropriate emergency personnel by contacting 9-1-1, or matters which can wait until regular business hours, which should be addressed via any of the methods available on the "Contact Us" page.