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Special districts in Colorado: Regional authority players

Special districts in Colorado: Regional authority players. E D I CENOGLE I cenogle | S eaver | P ogue A Professional Corporation Attorneys at Law 4725 South Monaco Street, Suite 225 Denver, Colorado 80237. Colorado Special District Association Annual Conference

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Special districts in Colorado: Regional authority players

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  1. Special districts in Colorado: Regional authority players ED ICENOGLE Icenogle|Seaver |Pogue A Professional Corporation Attorneys at Law 4725 South Monaco Street, Suite 225 Denver, Colorado 80237 Colorado Special District Association Annual Conference Keystone Colorado, Thursday, Sept. 19, 2013

  2. Districts’ role in a time of increasing regionalism • Community development • Infrastructure finance • Going onto the regional field • Recognizing districts as players

  3. Districts’ historic purpose under State law • Local projects                    • Local choice • Local governance • Local finance A

  4. Concern with proliferation of districts Legislative declaration Fragmentation Tax source diffusion Overlapping services Assumption of services A

  5. Districts as sub-local entities • Service plan restrictions   • Service plan approval • Action by county, municipality  B

  6. Special district evolution • Proliferated and ubiquitous • Evolving to fill niche(s) • Multiple and extrovert structures • E.g., security, covenants, business C

  7. Finding, filling new niches • Newer, different needs arise • Societal needs • Infrastructure, services • Decreasing funding available • Federal, state, local

  8. Funding Colorado infrastructure • The TABOR niche • Enterprises • Less than city- or county-wide vote • Whole > sum of its parts • Big projects • Revenue stream timing • Economies of scale

  9. Regionalism:  The Goldilocks factor • Not too big • Not too small • Just right • Regional authorities and entities

  10. Opportunities for the regional approach • Transportation • Water • Sewer • Drainage • Parks and recreation

  11. Characteristics of the regional approach • Accumulated interest (2 or more players) • Collective responsibility • Enterprise funding separate from TABOR “district” • New, customized rules of the game

  12. Forms of regionalism • IGA entities • Colorado Constitution • Statutory embellishment • Statutorily-created authorities • Statutorily-enabled authorities • Authorities by another name D E

  13. Authorities by another name • IGA association of special districts • Overlay special districts • Joint powers agreements • Multi-district IGAs • Coalitions

  14. Examples of “authorities” allowing districts • Joint Southeast Public Improvement Authority • Regional transportation authorities, CRS 43-4-601 • Southeast Public Improvement Metropolitan District • Common developer district arrangements • C-470 Corridor Coalition

  15. Authorities and the two P3s Public-private partnerships Public-public partnerships The twain shall meet

  16. Public-private partnerships • Attracting private interests and money • Consolidated or larger projects attract • Making the P3 process worthwhile • “Owner” offloads some cost, risk • Benefits of privatizing

  17. Public-public partnerships • The “other P3” • Can create consolidated or larger projects • Can consolidate work into a single “owner” • Public-public = authorities (and similar entities)

  18. Where special districts can fit in (an example) F

  19. Where special districts can fit in B Multi-government joint funding/construction agreement C Lead agency with financial contribution agreement D Project-specific legislative entity incorporating district(s) F Association of special districts H Regional transportation authority M Entity formed by IGA O TABOR enterprise (multiple districts) F

  20. Special districts in Colorado: Regional authority players ED ICENOGLE Icenogle|Seaver |Pogue A Professional Corporation Attorneys at Law 4725 South Monaco Street, Suite 225 Denver, Colorado 80237 Colorado Special District Association Annual Conference Keystone Colorado, Thursday, Sept. 19, 2013

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