Requirements for Better Understanding Metropolitan Districts

The act requires that, in addition to notice requirements under the Colorado open meetings law, notice of annual public meetings held by metropolitan districts be mailed, at the lowest-cost option, to eligible electors within the metropolitan district or sent by email to any email addresses that eligible electors have provided to the metropolitan district for the purpose of receiving communication from the metropolitan district. Additionally, notice of the annual meeting must be either posted on the homepage of the metropolitan district's website or accessible by a link on the homepage. The act also requires, for any special district, that, if the annual meeting is held at a physical location and in a year immediately preceding a year in which a regular special district election will be held, there be available hard copies of self-nomination and acceptance forms, which are forms required to be filed for an eligible elector to be a candidate for a board position at a special district election.

The act also requires that metropolitan districts that are required to have a publicly accessible website must establish a system or a process for residents to contact someone associated with the metropolitan district during regular business hours to address any questions or concerns regarding services of the metropolitan district. Further, these metropolitan districts must establish a system or process for residents to contact someone associated with the metropolitan district outside of regular business hours or when metropolitan district personnel are otherwise unavailable or unreachable to address emergent matters that cannot wait to be addressed until regular business hours resume.

For a metropolitan district that is required to have a publicly accessible website, the act requires the following additional information to be provided on the website:

• The date, time, and location of the annual public meeting;
• An explanation of what a metropolitan district is, its services, debt, and public infrastructure, and how a resident can serve on its board;
• The names of the governmental entities that overlap the metropolitan district's boundaries;
• The name of the county or municipality with which the metropolitan district must file its annual report; and
• The name and contact information of someone who residents can contact with questions or concerns about the services of the district during regular business hours and outside of regular business hours or when district personnel are otherwise unavailable or unreachable for emergent matters.

The act also specifies that the following information must be provided on the home page of the metropolitan district's website:

• The names, terms, and contact information of individuals serving on the board of directors and of any manager of the metropolitan district;
• The date, time, and location of scheduled regular meetings, including the annual meeting;
• The call for nominations for candidates to run for election to the board of directors;
• The names of the governmental entities that overlap the metropolitan district's boundaries; and
• The name and contact information of who residents can contact with questions or concerns about the services of the district during regular business hours and outside of regular business hours or when district personnel are otherwise unavailable or unreachable for emergent matters.

The act adds to the requirements of what a metropolitan district must include in its service plan when seeking approval of the service plan a requirement to include the maximum term for imposing a debt service mill levy on any property developed for residential purposes after the initial year of imposition of such debt service mill levy.

The act requires certain disclosures be made by all sellers of any residential real property located within the boundaries of a metropolitan district, including access to the annually required notice to electors and the metropolitan district's service plan; information on the authority the metropolitan district has to issue debt, levy property taxes, and impose fees, rates, tolls, penalties, or other charges; an estimate of property taxes levied by the metropolitan district for collection during the year the sale occurs; and a copy of the most current certificate of taxes due or tax statement to provide an estimate of the sum of additional mill levies levied by other taxing entities that overlap the property. Additionally, the act requires a written statement be included in the required disclosures that certain actions that the metropolitan district is authorized to take may increase costs to residents living in the metropolitan district, and the property tax estimate disclosure requirement is modified to require that the estimate be given in a dollar amount.

(Note: This summary applies to this bill as enacted.)