City Council Study Session Agenda and Packet 2020 01 28

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Kelly PC 999 18th Street, Suite 1450, Denver, CO 80202 Mayor Stolzmann and Councilmembers City of Louisville January 23, 2020 Page 3 • A general description of the facilities to be constructed and the standards of such construction, including a statement of how the facility and service standards of the proposed metro district are compatible with the City’s standards; • A general description of the estimated cost of acquiring land, engineering services, legal services, administrative services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the district; • A description of any arrangement or proposed arrangement with any political subdivision for the performance of any services between the proposed metro district and such other political subdivision, and, if a form contract to be used is available, it shall be attached to the service plan; • Information, along with other evidence presented at a hearing (see next section, below) satisfactory to establish each of the criteria set forth in C.R.S. § 32-1-203, if applicable, is met; and • Such additional information as the City Council may require by resolution on which to base its findings pursuant to C.R.S. § 32-1-203. Procedures and Criteria for Formation of a Metro District. The formation of a metro district requires generally the following: • Establishment of a service plan for the district, and submission of the service plan to the appropriate governing body for approval. If a district is to be located wholly within the City, the service plan must be approved by City Council resolution after a public hearing. (When a district is located within a county, the plan must be submitted to the board of county commissioners.) If the district will be located wholly within the City, the City has a great deal of influence over the content of the service plan because the City possesses, in essence, a veto power over the formation of the district. The statutes authorize the City Council to approve, conditionally approve or disapprove a proposed service plan. If the service plan is disapproved, a court may remand the matter back to the municipality for another hearing if the court determines the municipality’s action was arbitrary, capricious or unreasonable. With regard to review criteria, the statutes provide the governing body “shall disapprove the service plan unless evidence satisfactory to the board of each of the following is presented”: 6