District Organization and Management

Budgeting and Financing

Water Rights & Environmental Matters

Bond Financing

Elections

Intergovernmental Agreements

Statutory and Constitutional Compliance (including TABOR)

Eminent Domain

Litigation

Construction and Insurance Litigation

Employment Disputes

Commercial Litigation

Land Use & Zoning

Governing Efficiently - Building Communities

• The firm provides legal services to cities, towns, and special districts in the state of Colorado. The members of the firm have a rich background in these areas.
• James Bailey has provided legal services to special districts throughout the state for his entire career. He has been involved in the formation of districts by developers who need to provide municipal services to projects under local requirements and sound planning principles.
• The firm is experienced in forming special districts, preparing all of the documentation required by statute, and preparing required election materials. The firm acts as general counsel for special districts. It is familiar with the statutory requirements for compliance by the elected members of the board of directors, whether they relate to conflicts of interest, election requirements, general conduct of the public’s business, securing financing for the construction of public projects, or contract and bidding requirements for construction.
• Additionally the firm has a particular background in providing legal services to special districts that have problems in servicing their outstanding debt.  James Bailey has successfully provided guidance to three Colorado special districts that have restructured their public debt. Two of those districts successfully completed reorganizations under Chapter 9 of the U.S. Bankruptcy laws while the third was reorganized without the need to invoke bankruptcy protection.
• In addition, Larry Eskwith served as the Town of Vail attorney for 14 years and has a broad and lengthy experience in assisting with the day to day requirements necessary to operate cities and towns in the state of Colorado.

District Organization and Management

Special districts are a tool that developers and other groups can use to assist in financing improvements to property and developments.  Special districts can provide a variety of service, including water, sewer, road, park, fire, and recreational facilities.  Bailey & Peterson is experienced and knowledgeable in the formation of special districts, from the initial setup, to bond issues, to daily operations. T

 

Budgeting and Financing

 

Special districts are governmental entities, and thus they are required to prepare annual budgets that balance the district’s service obligations with its obligations to the taxpayers.  Bailey & Peterson is skilled in preparing budgets with the districts it represents, taking care to recognize that each district has its own individual needs and concerns.  In addition, we have assisted our districts in creative financing structures that comply with the law while allowing the districts to maximize their assets. T

 

Water Rights & Environmental Matters

 

Special districts are often organized to provide water and sanitation services to their constituents.  These services implicate Colorado’s laws regarding water rights and environmental quality.  Bailey & Peterson protects its districts’ water rights and works to achieve applicable environmental standards to ensure that its special district clients will be able to fulfill their obligations to their electors. T

 

Bond Financing

 

A primary motivation for the creation of a special district is the district’s ability to issue bonds to finance improvements.  Bailey & Peterson has extensive experience in all phases of bond deals, from the initial issue to refunding.  Because the state constitution requires a district’s voters to approve most bond issues, Bailey & Peterson is also knowledgeable in the actions that must be taken prior to issuing a bond. T

 

Elections

 

Special districts, as governmental entities, are required to hold elections in May of each even year.  These elections have several requirements that differ from the regular November elections, and Bailey & Peterson can help a special district comply with these differing requirements. T

 

Intergovernmental Agreements

 

Frequently, a special district can benefit by using the services of another special district.  One example of this is where a metropolitan district collects sewage, which it then conveys to a sanitation district for treatment.  Bailey & Peterson is skilled at creating mutually beneficial arrangements between various governments to maximize efficiency. T

 

Statutory and Constitutional Compliance (including TABOR)

 

The Taxpayer’s Bill of Rights is a complicated amendment to Colorado’s constitution that affects nearly every aspect of local government, from election procedures to budgeting and debt.  Bailey & Peterson has significant experience in both TABOR compliance and “de-brucing,” and can assist your special district in all its financial decisions. T

 

Eminent Domain

 

Special districts are entrusted with the power to take private property for public purposes.  Needless to say, condemnation is often a contentious subject.  Bailey & Peterson can help your special district acquire the property it needs for its operations while maintaining a good relationship with the community. T

 

Litigation

 

At times, special districts may become involved in disagreements over various matters, including rates and fees, taxes, torts, and services. Bailey & Peterson’s attorneys are available to protect your special district’s interests and rights if disagreements lead to litigation. T

 

Construction and Insurance Litigation

 

Because most special districts are formed to construct improvements, it is almost common that disagreements arise as to payment, workmanship, and related construction matters.  Often, the party constructing the improvements has an insurer who may provide indemnity.  Bailey & Peterson frequently works with insurers to ensure that its special districts are protected from loss due to a contractor’s negligence, and will ensure that your special district is protected as well. T

 

Employment Disputes

 

Special districts employ managers, accountants, and personnel specific to the district’s operations.  Bailey & Peterson will work to protect your special district in the event one of these employees becomes dissatisfied with the working environment. T

 

Commercial Litigation

 

While special districts are a fundamental part of real estate development in Colorado, significant commercial exchanges are also implicated in these developments.  When your commercial transaction goes badly, Bailey & Peterson can help you resolve the dispute and protect your assets. T

 

Land Use & Zoning

 

Special districts have been used as quasi-homeowner’s associations in recent years.  In this capacity, the special district may need to change the zoning of its land to permit development.  Bailey & Peterson has extensive land use and zoning experience, and will work to help your special district fulfill its potential. T

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