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Kelly PC <br />999 18th Street, Suite 1450, Denver, CO 80202 <br />Mayor Stolzmann and Councilmembers <br />City of Louisville <br />January 23, 2020 <br />Page 5 <br /> <br /> <br />• The City Council, as the governing body of the one and only “general purpose” local <br />government in the area, may desire to establish overriding priorities for key issues <br />affecting its citizens. A metro district, however, has its own elected officials and may <br />choose to pursue its own priorities within its boundaries, which may or may not conflict <br />with the City’s priorities. <br /> <br />• For this reason, the establishment of a metro district can erode the power of the City <br />Council to determine the City’s direction and destiny—a measure of the City’s power is, <br />in essence, transferred to the district. To reduce problems in this area, a service plan can <br />place limits on a district’s powers and autonomy. <br /> <br />• A district’s voting constituency (as well as its governing body) is made up of “eligible <br />electors,” who are not necessarily taxpayers and need not be residents of the district. In <br />the early period after formation, when key financial decisions are made, the taxpaying <br />electors and governing body members are typically limited to those directly connected <br />with the developer. In addition, on an ongoing basis, the interests of nonresident <br />taxpaying electors may not necessarily be aligned with those of residents. In residential <br />districts, control of the district is ultimately transferred to the residents; however, in a <br />multiple-district structure this control may not include the ability of the residents to <br />impact financial decisions already made or obligations already incurred by the district. <br /> <br />• A municipality is typically a highly visible form of local government, while a district can <br />be “invisible.” Citizens often do not even know that one or more services are being <br />provided by districts. In the event of dissatisfaction with those services, the City can <br />become the focus of complaints, because everyone knows where “City Hall” is, but not <br />necessarily “Metro District Hall.” Therefore, care should be taken to distinguish the roles <br />of the City and any districts. <br /> <br />• Because a district can be “invisible,” citizens and homeowners may not be fully aware of <br />the tax consequences of residing within the boundaries of one or more districts. If district <br />boundaries encompass only a portion of the City, one resident’s overall property tax <br />burden may be different from another’s. In the typical development infrastructure <br />financing district, service plan approval is commonly sought for financing that imposes <br />an additional mill levy of 50 mills for debt. <br /> <br />• In addition to differential taxes for those owning property located within or without a <br />specific district, additional district taxes may be perceived as having an effect the City’s <br />ability to raise its own taxes. Therefore, some assessment is typically made regarding the <br />appropriateness of both differential and overlapping tax mill levies. Some municipalities <br /> <br />8