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HomeMy WebLinkAboutcclc.ag.01192005COMMERCIAL CORE & LODGING COMMISSION REGULAR MEETING SISTER CITIES MEETING ROOM CITY HALL JANUARY 19, 2005 8:30 a.m. I. Roll call and approval of Jan. 5th minutes. II. Jane Jenkins - Business Improvement District presentation III. Adjourn Future items: Extension of timed parking Attachment C Downtown Boulder Business Improvement District 2005 BUDGET SUMMARY 2003 2004 2005 INCOME Enterprise Funds CITY OF BOULDER 334,133 352,604 327,825 DOWNTOWN BOULDER, INC 305,000 260,000 51 ,CO0 Regular Income BID ASSESSMENT 804,142 844,746 873,548 DEFERRED REVENUE 42,617 53,336 65,790 OTHER TOTAL INCOME 1,485,892 1,5t0,686 1,318,163 EXPENSE - ENTERPRISE FUNDS -~nterpdse funds were not created until FY2005 CITY OF BDULDER BASELINE MALL 248,610 USER SURVEY 14,480 CAGID DATABASE 8,734 EVENT SPONSORSHIP 21,748 MAPS/BROCHURES/COLLAT 16,311 AMSASSADORS 10,874 BANNERS 0 TRASH REMOVAL (OFF MALL) 7,066 TOTAL CITY OF BOULDER 327,825 DOWNTOWN BOULDER, INC. ADMINISTRATION 10,000 EVENT CONTRACT 36,000 RENT 5,000 TOTAL DSI 5%000 TOTAL EXPENSE - ENTERPRISE FUNDS 0 0 378,825 EXPENSE - REGULAR INCOME PERSONNEL SALARIES 278,678 310.371 289,498 BENEFITS 57,965 61,959 70,008 PROFESSIONAL DEV. 7,500 12,800 12,000 ALLOCATIONS -147,653 -294,247 -294,285 TOTAL PERSONNEL 196r490 110,883 77,221 ADMINISTRATION RENT 47.300 49,100 48,400 iNSURANCE 3,200 3,400 3,800 SERVICES 12,500 13,500 15,000 FURN/EQUtP 9,150 9,250 8,482 SUPPLIES AND FEES 35,335 35,775 42,450 TOTAL ADMINISTRATION 107,485 111,025 118,132 , SERVICE/MAINTENANCE MALL 291,218 287,623 35,000 CONTRACT SERVICES 91,268 72,768 54,200 AOMIN 27,700 26.700 43,000 ALLOCATION 73,966 98,083 68,095 I'OTAL SERVICE/MAINTENANCE 484,172 485,174 230,295 MARKETING ADVERTISING/SERVICES 178,000 227,000 167,000 COMMUNICATIONS 47,311 22,311 30.000 WEBSITE 6,090 6,350 6,500 SPECIAL EVENTS 316,74~ 297,498 20,000 STRATEGIC iNITIATIVES 0 0 47,000 ALLOCATION 73,667 117,699 137,333 fOTAL MARKETING 621,816 670,858 407,833 ECONOMIC VITALITY BASELINE RESEARCH 23,214 26,780 0 OTHER RESEARCH 6,000 15,000 20,000 RECRUiTMENT/RETENTION 2,500 10,500 12,000 INFORMATION TECH 11,000 2,000 0 ALLOCATION 0 76,466 58,857 PARKING 15,000 CONSULTING/INTERNS 9,000 0 0 NEW PROGRAM START-UP 23,000 0 0 TOTAL ECONOMIC VITALITY 74,714 132746 105,857 CONTINGENCY RESERVE 1,215 0 TOTAL EXPENSES - REGULAR INCOME 1,485,892 1,510,68E 939,338 TOTAL EXPENSES 1,485,892 1,510,686 1,318,163 IS ASPEN READY FOR A BID? Progressive Urban Management Associates (PUMA), a nationwide leader in the formation of community and downtown Business Improvement Bistricts, usually seeks all of the following four factors before advising a community to proceed with forming a BID: Private Sector Leadership: BIDs are most successful and effective when private sector leaders within a business district drive the process. 2. Supportive Local Government: Local Government is best cast as a Iow key, yet dependable supporter in the drive to form a BID. Staff and Financial Resources: Formation of a BID is a people- intensive process that depending upon the business district, can take from 9 to 18 months to complete. Public/Private Partnership: Success is founded upon a viable public/private partnership with a track record of visible solving civic problems. The Clone Town Survey nef* (the new economics foundation), is an independent think tank that works to improve quality of life in Great Britain by promoting solutions that challenge mainstream thinking on economic, environmental and social issues. In 2004, nef published C/one Town Er/ta/n, which details the loss of local retail identity on Great Britain's high street through surveys conducted in 16 towns throughout Great Britain. P.U.M.A. adapted the Clone Town survey instrument to rate The Pearl Street Mall and other downtown Boulder retail. Clone Town Survey Methodology An audit of existing retail, detailing type of shops (i.e. diversity) and the number of chain stores versus independently owned shops (i.e. identity) was completed. 5 points were awarded for each type of shop counted BO points were awarded for each independently owned shop 5 points were given for each chain store counted The sum of the scores from the above three steps were then divided by the number of shops counted to achieve the Clone Town Score Actual scores for the Pearl Street Mall and other Downtown Boulder are shown below. We are suggesting that 29th Street would fall within the "Clone Town" range based upon what we know of the proposed project tenant mix: 29th Other OT Street 4~,4 4O Mall 39.3 45 50 55 60 Home Town AGREEMENT for 2004 THIS AGREEMENT is made and entered into this 2~d day of August, 2004, by and between the CITY OF BOULDER, a Colorado Home Rule municipality, hereinafter referred to as the "CITY", and the DOWNTOWN BOULDER BUSINESS IMPROVEMENT DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, created pursuant to Part 12, Article 25 of Title 31 of the Colorado Revised Statutes and by Ordinance 6095 (1999) of the City with an address of 1942 Broadway, Suite 301, Boulder Colorado, hereinafter referred to as the 'DBBID.' WITNESSETH: WHEREAS, DBBID was created by City of Boulder Ordinance No. 6095, adopted on August 17, 1999, in order to provide enhanced or otherwise unavailable services within its boundaries for the DBBID ratepayers; and WHEREAS, the City wishes DBBID to undertake specific functions and services on its behalf as outlined herein; and WHEREAS, DBBID is ready, willing, and able to undertake such services as a quasi-municipal corporation and political subdivision of the State of Colorado, and not as an agent of the City; NOW, THEREFORE, in consideration of the premises, the mutual agreements herein contained, and subject to the terms and conditions hereinafter stated, it is hereby understood and agreed by the parties hereto as follows: SECTIONI SCOPE OF SERVICES The primary objective of the DBBID shall be to provide promotion, marketing, enhanced maintenance and management functions for the DBBID ratepayers and specific contracted services for the City of Boulder as covered in this agreement. The description of services for the DBBID. referenced in the work plan and budget approved by City Council and made a part hereof as Attachment A and B describes generally the range of enhanced services funded by the BID property tax, which DBBID intends to provide under this Agreement. These services include: Page 1 S:,CMO,DUHMDPS DMC\BID!C©NTRACT'2004AGREEMENT DOC Ratepayer Services General Administration: The DBBID shall maintain high ethical standards in the conduct of its internal and external business affairs, and shall maintain a high standard of public integrity. The DBBID shall provide information for, and support to, property and business owners and residents located within the Distdct and represent their interests as appropriate to the City and other public and private agencies. Marketing: The DBBID shall promote the District and all of its individual market and geographic segments through the development and implementation of a marketing campaign, including but not limited to: publications, special events and festivals, as well as an advertising and public relations campaign. Enhanced Maintenance: The DBBID shall supplement existing city maintenance within the District, including the pedestrian mall, to ensure cleanliness and overall appearance of sidewalks and alleyways, including graffiti removal, through a maintenance program and communication with pdvate property and business owners. B. City of Boulder Contracted Services In addition to the services provided to the district ratepayers and funded by the BID property tax, the City contracts with the DBBID to provide these additional specific services for the downtown community with the advice of the City's Downtown Management Division ("DMC") for the consideration set forth at the end of each paragraph: A downtown user survey in the same manner, format and scope as contained in the Fall 2001 Downtown Boulder Survey, Attachment D. The City's DMC shall approve the final text of the survey. The City shall maintain ownership of the document and all background material and approve all uses of the informationThe City's DMC shall receive the final reproducible copy by October 15 for distribution to the public. ($5,000) An update to the Central Area General Improvement Distdct (CAGID) database (including tenant information in 2004) in the same manner, format and scope as past reports as indicated in Attachment E. CAGID shall maintain ownership of the document and all background materials and shall approve all uses of the information. ($8,734) To produce specific downtown events, including the 4~h of July Celebration, the Lights of December Parade and the Muchkin Masquerade. The City of Boulder shall receive sponsor credit in all pdnted materials, advertising, and at each event. BID staff will meet with the DMC staff to review the allocation of dollars to each event. ($21,748). Page 2 S:\CMO DLIHMDPS,DMC BID'CONTRACT,20(~4A,~REEMENT Management, hiring, and supervision of the Mall Ambassador program. The program, at a minimum, shall provide the following services: dispense information, remove graffiti from approved surfaces, support event functions, inform the public of the mall ordinances, and generally assist the public and shall be in service from June through August. The ambassadors shall provide assistance including stage and event set up and breakdown for the DMC's race sedes and other DMC events as needed and as schedule allows. ($10,874) Removal of trash in receptacles along Walnut, Pead Street and Spruce on a minimum of a biweekly basis. See Attachment F for map of locations. The City shall be responsible for future purchase of receptacles, and the DBBID shall be responsible for trash removal from any additional receptacles, on the same schedule, placed by the City. ($7,068) 6. Produce a downtown Boulder map in the general format of Attachment J and distribute it to the Boulder Convention and Visitors Bureau and the general public. ($16,311 ) 7. Maintenance, storage, design, fabrication and installation of new seasonal downtown banners along the Pead Street Mall and along Pearl Street within the BID boundaries. The banners shall be changed at a mutually agreed upon time, be cleaned, maintained and stored. The Downtown Management Commission will continue to coordinate the hanging of banners associated with permitted special events on the mall or other community wide events. It is understood that banner replacement will be on an as needed basis and may not be an annual allocation. ($15,000) For the above services, the City of Boulder will compensate the DBBID in the total amount of $84,735, in quarterly installments, on April 1, July 1, October 1 and December 1, 2004. SECTION II COORDINATION AND LIAISON: DBBID agrees that during the term of this Agreement it shall fully coordinate all services hereunder with the City. DBBID understands that the City's Director of the Downtown and University Hill Management Division/Parking Services, or designee, is the City's representative under this Agreement, through whom contractual services performed under this Agreement shall be coordinated. In order to coordinate the performance of services by DBBID, in accordance with the terms of this Agreement, DBBID agrees to allow the City to review any of the procedures used by it in performing the services hereunder and to make available for inspection notes and other documents used in the performance of any of the services required hereunder. A. DBBID shall: 1. Provide, for City review and approval, a 2004 work program meeting the aforementioned scope of services and a detailed 2004 operating budget. This program shall be finalized by the DBBID and submitted to the City by September 30, 2004. The City shall take action on the DBBID's submitted 2004 work program and operating budget on or before December 5, 2001. 2. Provide progress reports to the City on or before July 31 st and December 31 st of 2004. 3. The DBBID shall allow the City of Boulder audit staff access to financial records in order for them to prepare an annual audit report between November 1, and December 31, 2004. It is expressly understood and agreed by the parties hereto that nothing contained in this Agreement is intended to or shall grant any power or discretion to DBBID over and above that granted by the enabling statute and ordinance. And nothing contained herein is intended to or shall reduce or dilute the role of the City, the City Council, or other officials of the City as delineated in the enabling statute and ordinance. B. The City: The City agrees that it will not, during the term of this Agreement, reduce the level of City-provided public services from the level as set forth in Attachment C without first consulting with DBBID. It is the City's intent to provide services consistent with the levels outlined in Attachment C. In addition, the City of Boulder's Parks and Recreation Department intends to continue to provide certain services and resources from its central services to the Mall Crew without charge to the mall budget (see Attachment H). The Downtown Management Commission intends to continue to provide certain resources to the DBBID as listed in Attachment I. It is recognized, however, that the City has the dght to change on a weekly basis the level of services in light of changing circumstances such as weather, crowd composition, or other operational conditions. The City of Boulder allows the DBBID to use the City of Boulder's stage, sound system and green plastic chairs. The DBBID shall maintain this equipment in good working order and shall notify the City of Boulder of any damage or needed repairs. The City shall maintain access to the equipment at any time. As additional consideration, the City will supply one new Tennant Litterhawk (valued at $20,000) sidewalk sweeper for use by the DBBID in providing extra sidewalk sweeping services in the DBBID. At the termination of this agreement, or any successor agreement, which does not make other disposition of the sweeper, the sweeper shall be returned to the city in good working condition, normal wear and tear excepted. Page 4 S CMO!DLIHMDPStDM{~.\BID C(~NTRAC T 2!)0Z. AGREEMENT DOC SECTION III GENERAL Term and Termination of AQreement: The term of the Agreement shall commence on January 1,2004, and terminate on December 31,2004. Renewal of this contract will be based upon a review of the DBBID accomplishments by the City Council prior to December 31,2004. Either party may terminate this agreement at any time on thirty days notice if the other party's services are not being satisfactorily performed in accordance with this Agreement if the underlying project or activity is canceled. Either party may otherwise terminate the Agreement without cause, for its convenience, upon sixty days notice to the other party. If either party's services are terminated, it shall be paid only for that portion of services satisfactorily completed in accordance with this Agreement at the time of such termination. Status of DBBID: It is understood and agreed by and between the parties that the status of DBBID shall be that of a quasi-municipal corporation and political subdivision under Colorado law retained on a contractual basis to perform the services provided in this Agreement and it is not intended, nor shall it be construed, that either party or any employee or subcontractor of such party is an employee, officer, or agent of the other party for purposes of unemployment compensation, workers compensation, or for any purpose whatsoever. When Riqhts and Remedies Not Waived: In no event shall any payment or performance hereunder by either party constitute or be construed to be a waiver by such party of a breach of any term, covenant, condition, or default which may then exist on the part of the other party, and the making of any such payment or rendering of such performance when any such breach or default shall exist shall not impair or prejudice any right or remedy available to the non-breaching party with respect to such breach or default; and no assent, expressed or implied, to any breach of any one or more terms, covenants, or conditions of the Agreement shall be construed as a waiver of any such succeeding or other breach. Examination Of Records: Each party agrees that any duly authorized representative of the other party, shall, until the expiration of three years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of such party, involving transactions related to this Agreement, unless otherwise prohibited or restricted by law. Venue, Governing Law: Each and every team, condition, or covenant herein is subject to and shall be construed in accordance with the provisions of Colorado law and the Charter and ordinances of the City of Boulder. The Charter and the Boulder Revised Code, 1981, as the same may be amended from time to time, are hereby expressly incorporated into this Agreement as if fully set out herein by this reference. Venue for any action arising hereunder shall be in the 20th Judicial District. 6. Assignment And Subcontracting: Each party understands and agrees that it shall not assign or subcontract with respect to any of its rights, benefits, obligations or duties under this Agreement except upon prior written consent and approval of the other party, which consent or approval may be withheld in the absolute discretion of such party, and in the event any such assignment or subcontracting shall occur, such action shall not be construed to create any contractual relationship between the other party and such assignee or subcontractor, and each party herein named shall remain fully responsible to the other par~y according to the terms of this Agreement. Insurance: DBBID agrees to keep in force at all times during the term of the Agreement, as the same may be extended as herein provided, a comprehensive commercial general liability and automobile insurance policy with minimum limits of at least $1million. DBBID shall cause the City, its officers, employees, and authorized volunteers to be named as additional insureds in that policy. Conflict Of Interest: The parties agree that no official, officer, or employee of the City shall have any personal or beneficial interest whatsoever in the services or property described herein, and the DBBID further agrees not to hire or contract for services any official, officer, or employee of the City or any other person which would be in violation of Chapter 2-7, B.R.C, 1981. No Third Party Beneficiary: It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and DBBID, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement, including but not limited to subcontractors, sub-consultants, and suppliers. It is the express intention of the City and DBBID that any person other than the City or DBBiD receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 10. Taxes~ Charqes and Penalties: Neither party shall be liable for the payment of taxes, late charges or penalties of any nature, except as required by, respectively, the City's B.R.C., 1981 or other applicable law. 11. Paraqraph Headinqs: The captions and headings set forth herein are for convenience of reference only, and shall not be construed so as to define or limit the terms and provisions hereof. 12. Severability: It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 13. Aqreement as Complete Integration-Amendments: This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any rome or effect unless embodied in a written amendatory or other Agreement properly executed by the parties. This Agreement and any amendments shall be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have signed this Agreement effective as of the day and year first above written City Of Boulder ~, ~..~. Downtow er usiness vement District ~'ank Bruno?City Manager John Ko~l, President ...// ! On behalf of the Director of Finance ~ecord Approved as to form: By: City Attorney ATTACHMENTS ATTACHMENT A: ATTACHMENT B: ATTACHMENT C: ATTACHMENT D: ATTACHMENT E: ATTACHMENT F: ATTACHMENT G: ATTACHMENT H: ATTACHMENT h ATTACHMENT J: DBBID 2004 Work Plan 2004 DBBID budget Basetine city services 2004 2002 Downtown User Survey, copy available at the DUHMD/PS office CAGID Database, copy available at the DUHMD/PS office Location of sidewalk trash receptacles Downtown Boulder Business Improvement District boundary map Parks Department Services to Mall Crew not in Mall Budget Downtown Management Commission resources to DBBID Downtown Boulder Brochure DOWNTOWN BOULDER BUSINESS IMPROVEMENT DISTRICT DISTRICT OPERATING PLAN 2004 SECTION 1: GENERAL SUMMARY Creation: The Downtown Boulder Business Improvement District was created pursuant to the "Business Improvement District Act", part 12 of article 25 of title 31, Colorado Revised Statutes. Non-duplication of Services, Facilities and Improvements: The services, facilities and improvements to bc provided by the Downtown Boulder Business Improvement District arc not intended to duplicate or supplement the services, facilities and improvements provided by the City of Boulder within the boundaries of the district. Thc Downtown Boulder Business Improvement District (BID) was created to provide enhanced or otherwise unavailable services, facilities and improvements for owners of real and personal property (excluding agricultural and residential) located in downtown Boulder. Service Area: Approximately 34 blocks contiguous with the Central Area General Improvement District (CAGID) plus additional blocks to the east and west, bounded roughly by 8th Street to the west, Spruce Street to the north, 21st Street to the east and Arapahoe Avenue to the south. The BID may be expanded in the future upon the request of the property owners. Pursuant to statute, the district shall contain only that taxable real and personal property within said boundaries, which is NOT classified as either agricultural or residential. A map of the district service area is attached to this operating plan. Powers, Functions and Duties The Downtown Boulder BID will have the authority through its board of directors to exercise all the powers, functions, and duties specified in this Business Improvement District Act except as expressly stated in this operating plan. Board of Directors: The Board of Directors of the BID consists of nine electors of the district appointed by the City Council of the City of Boulder. Members appointed to the board represent specific geographic areas and a cross section of interests in the district, including large and small property and business owners. Each director serves a three-year term. Terms were staggered when the board was appointed in 1999. Four representatives from the City of Boulder serve as ex-officio members and liaisons to the board, including the City Manager, two City Council members and the director of the Downtown Management Commission. Services: The Downtown Boulder BID provides services in three major areas: marketing and promotion, service and maintenance, and economic vitality, which includes information technology. The service plan for FY2004 includes the continuation of these services as well as development of close parmerships with Downtown Boulder, Inc. and the Downtown Management Commission to provide leadership and identity for downtown, communicate with downtown constituents, plan and administer programs and encourage economic vitality. Method of Funding: Levy of ad valorem tax on taxable real and personal property estimated to be 5.1 mills, fee for service from the City's general fund and meter revenue budget and contract with Downtown Boulder, Incorporated for staffing, administration and event production. Budget: Total proposed district budget for FY2004 is $1,531,266. Approximately $845,000 of the revenue is generated by BID property taxes, $335,000 is fee for service from the City of Boulder, and $307,500 in contract services from DBI. Legal Restrictions: BID assessments are subject to state constitutional limitations - a vote by ratepayers is required to increase rates. Term: The district will terminate ten years from January 1, 2000, unless a petition is filed to continue it before that date. A comprehensive evaluation of the BID and revision of this business plan will be undertaken during fifth year operation. Existing City Services The City of Boulder will continue to document existing city services to ensure that service levels currently provided by the City do not decrease. SECTION 2: SERVICE PLAN Service and Maintenance The BID is also responsible for enhanced levels of service and maintenance both on and off the Pearl Street Mall. This includes management and supervision of the downtown Boulder Ambassador program. Major accomplishments for 2003 include: · Developed and implemented an enhanced security program on the mall utilizing off duty Boulder police officers. · Determined realistic maintenance staff needs and designed programs accordingly. · Developed a system to track illegal flyering, graffiti and vandalism. · Staff developed a program to assume responsibilities for exterior painting for graffiti removal. Plan for 2004 · Continuation and possible expansion of mall security program. · Implement enhancements (training, outreach) to the existing Ambassador program. · In an effort to ensure that all parts of the BID receive the same level of service, develop an effective ongoing system for cleaning alleys and other off mall areas. Develop a tracking system for maintenance issues on private property. Marketing and Promotion. The Downtown Boulder Business Improvement District is responsible for the promotion and marketing of district and BID activity to both consumer and investor markets. This includes, but is not limited to promotions, advertising, image campaign, branding, banners, brochures, collateral printed material, newsletters and market research. Major accomplishments for 2003 include: · Implemented a more staff managed marketing services program making use of marketing and communications consultants on a project by project basis. · Continued to build on the downtown Boulder brand with the "Find Yourself Here" campaign. · Managed and subsidized the production of the Resort Maps visitor map. · Enhanced the quality and increased attendance at monthly Downtown Community Exchanges. · Expanded "Switch on the Holidays" to a weekend long promotion. · To maximize resources, included event advertising as part of the overall media plan. · Developed PR and advertising strategy to promote the opening of the Broadway project. · Determined the feasibility of advertising to the regional and tourist market and developed a media plan for 2004 that includes messages to that market. · Built stronger partnership with the Boulder Convention and Visitors Bureau. Plan for 2004: · Continue to build on and enhance events through increased sponsorship revenue. · Secure day-to-day onsite maintenance of the downtown website. · Effectively implement the visitor marketing program as outlined in the 2004 media plan. · Increase frequency and effectiveness of communications with members and constituency. · Add educational sessions to the Downtown Community Exchange schedule. Economic Development The BID has been aggressively developing a business recruitment and retention program to encourage growing businesses and to attract businesses that further diversify and strengthen downtown. We will also continue to work in partnership with the city and private sector organizations on research. Major accomplishments for 2003 include: · Conducted annual research project and update the CAGID and BID database. · Purchased an eight-page insert in Images of Boulder magazine to promote downtown Boulder as a business location. · Added wireless service on the 1200 block of the Pearl Street Mall. · Developed a plan for expanding that service to include all four blocks of the Pearl Street Mall. · Developed a consistent messaging statement for marketing downtown Boulder as a business location. · Hired a consultant and developed an action plan for economic development in downtown Boulder. · As a result of that plan, hired a development/research specialist to gather data and quantify economic indicators and created a downtown community profile. Plan for 2004 · Effectively utilize the Images of Boulder promotional piece to sell downtown.. · Implement wireless service on all four blocks of the Pearl Street Mall. · Support the effort to locate a conference center in downtown Boulder with staff involvement and location specific feasibility studies. · Update the Downtown Community Profile on a quarterly basis. · Develop a more useable efficient database and more accessible, useable data. SECTION 3: NOMINATING COMMITTEE REPORT The current board members, terms and the geographic areas they represent are: Term expires December 31, 2003 Paul Eklund, P.N. Eklund Interests, Pearl Street Mall (finance committee) Virginia Patterson, lease holder, Pearl Street Mall (marketing council) Sam Sussman, 8 Days a Week, area west of 11th Street (economic development committee) Term expires December 31, 2004 Chuck Hunker, property owner, Pearl Street Mall (economic development & marketing committees) John Koval, Coburn Development, at-large (economic development committee) Jack Stoakes, Liquor Mart, at-large (operations committee and marketing council' Term expires December 31, 2005 Peter Heinz, PEH Architects, at-large (operations committee) Andy James, James Travel, at-large (marketing council) Maureen MacMackin, First National Bank of Colorado, at-large finance committee) Ex-Officio Liaisons Frank Bruno, City Manager Don Mock, City Council (retired July 2003) Mark Ruzzin, City Council Molly Winter, Downtown Management Commission In August 2003, BID Board chairman John Koval appointed a nominating committee of the following ratepayers from the district: Richard Polk, Virginia Patterson, Andy James and John Mehaffy. Stan Zemler represented the business community at large. Their recommendations are as follows: Appoint to fill three-year terms beginning January 2004 and ending December 31, 2006: Ann Getches, property owner, representing the area west of 11th Street Lane Landrith, Hotel Boulderado, representing the Pearl Street Mall Jake Puzio, Community First National Bank, representing the Pearl Street Mall In addition, the board nominated Paul Eklund as first alternate to fill any unexpected vacancies on the board. SECTION 4:2002 BUDGET SUMMARY Attached Attachment F TRASH RECEPTACLES IN THE BUSINESS IMPROVEMENT D ST ........ -A-~6~:fid~gL-r-~-~§~ .............................. RECEPTACLES 612000 SE corner 8th & Pearl Loli[a's 1 P NE corner 8th & Pearl Nick & Wiliy's 7 S 940 Pearl Trident I P NW corner 10th & Pearl Shonkwiler bldg I P 1101 Walnut The Rio 7 S SW comer Broadway & Spruce The Gap 1 P NE corner Broadway & Spruce The Bank 1 P NW comer 13th & Spruce Boulderado I P SE corner 13th & Spruce Counb, park lot 1 P SW comer 13th & Canyon Central Park 7 P 2724 14th St Lucille's 1 P NE corner 74th & Walnut Federal Express 1 P 1737 15th St Scuba Joe's 7 S SW corner 15th & Arapahoe Boulder HS 1 P NE corner 15th & Arapahoe DP Dough's 1 P NE corner 17th & Walnut 7-E!even 1 P SE corner 19th & Pearl Business Exp 1 P 20th & Pearl HW Furnishings 1 S TOTAL: 18 EXISTING TRASH RECEPTACLES 612000 NE corner 9th & Pearl Mar/sol Impods 1 P 926 Pearl West End Tavern 1 P 950 Pearl Rhumba I S 1071 Pearl McLaren Mark 1 S 10th & Pearl Daily Camera 1 S NW comer BroadwayRValnut Zappa Shoes 1 P SE comer Broadway/Walnut Bank 1 P NW corner 13th & Walnut Bank I P SE corner 13th & Walnut PaineWebber 1 P NW corner 14th & Walnut Pulse 1 P ~- corner 14th & Walnut RTD station 1 P NW corner 15th & Pead Post Office 1 P SE corner 15th & Pearl 1st Presbyterian 1 P 7500 Pearl Parking garage 2 S NW corner 16th & Pearl Boulder Army 1 S SW corner 16th & Pearl Parking garage 1 S NW corner 17th & Pead Boulder Drug 1 S SW corner 17th & Pearl 1 S SE corner 17th & Pearl 1 B NW corner 18th & Pearl Penny Lane 1 S SW corner 18th & Pearl Mellow Mushroom 1 S SE corner ! 8th & Pearl apartments 1 S TOTAL: 23 GRAND TOTAL; 41 ATTACHMENT H List of City/Parks provided services for Mall that are not budgeted from Mall funds 2004 I. Irrigation -Labor and technical advice/support - 200/hr x $32.41/hr = $6,482.70 -Rental equipment "billed" $270. t I/day (compressor - 4 days use @ $270.1 l/day) = $1,080.45 -Miscellaneous irrigation materials (ave. $1080.45/year = $1,080.45 $8,643.60 Subtotal - Irrigation 2. Horticulture -Professional landscape planning - 10 hours -Planting - 40 hours -Materials - $3,241.35 Mulch Compost Fertilizer -Bulb/flower discount / $2100 volume discount 13,911 flowers 12,600 bulbs -Sand/gavel / $5250 from Parks Ops/Public Works Children's play area Subtotal - Horticulture 3. Equipment -Bucket truck - $162.07/day 10 days -Storage for all equipment 1000 sq. ft. (100x 10) -Labor and Parts to maintain Golf/Mall cart Toro snowbrush Sweeper V2 Scrubber Hotsie Tractor -Misc. - tractor/loader/trailers -Snow removal - extra labor for large snow events Subtotal - Equipment Administrative Overhead -10% Bob Peck's salary. 2% Doug Hawthorne's salary (including benefits) -City Payroll -City Purchasing Subtotal - Administrative Overhead Special Events -General support - storage of stages, electrical equipment, Christmas displays $ 324. I4 $1,296.54 $3,241.35 $2,160.90 $5,402.25 $12,425.18 $1,620.68 $2,160.90 $10,804.50 $1,620.68 $1,080.45 $17,287.20 $9,724.05 $9,724.05 $2,160.90 Subtotal Special Events 6. City Forestry -Tree Maintenance Inspection/consultation Subtotal Forestry Total City/Parks provided services for Mall that Are not budgeted from Mall Funds $2,160.90 $2,593.08 $2,593.08 $52,834.01 Attachment I City of Boulder, Downtown and University Hill Management D/vision/Parking Services Resources to the Downtown Boulder Business Improvement District For the Year 2004 Free leasing of a storage area in the 15~h and Pearl Parking Garage Value: estimated at $324.14/year 2. Use of sound system Value: $385.72/year 3. Use of 16' x 24' stage Value: $1,769.78/year Use of 150 ~een plastic chairs Value: $226.89/year. Free parking space for BID maintenance vehicle (s) at 1500 Pearl Value: $835.55/year Use of Tennant Litterhawk for BID district maintenance Value: 2001 - $20,000 Total value of resources from the City of Boulder to the Business Improvement District: $23,542.08 per year Petition No. PETITION FOR THE ORGANIZATION OF THE DOWNTOWN BOULDER BUSINESS IMPROVEMENT DISTRICT WITHIN THE CITY OF BOULDER The undersigned persons, owners of real or personal property in the service area of the proposed business improvement district hereby petition the Mayor and the City Council of the City of Boulder, for the organization of said district in accordance with the provisions of the "Business Improvement District Act", part 12 of article 25 of title 31, Colorado Revised Statutes. In support of this petition, petitioners state: 1. The name of the proposed district shall be the Downtown Boulder Business Improvement District. 2. The boundaries of the proposed district service area are, generally, the land and improvements within the following boundaries: See attached boundary description. Pursuant to statute, the district shall contain only that taxable real and personal property within said boundaries which is not classified for property tax purposes as either residential or agricultural. A map of the boundaries of the proposed district service area is attached to this petition. The proposed district shall have all the powers, functions, and duties specified in the "Business Improvement District Act". The services or improvements or both to be provided by the proposed district initially include: Promotion and marketing of district activity, including promotions, downtown advertising, image campaigns, banners, and market research; b. Business recruitment and retention; Enhanced levels of maintenance both on and off the Pearl Street Mall and Downtown Ambassadors to provide "eyes and ears" for the police and assist visitors; d. Administrative support. The services, facilities, and improvements to be provided by the Downtown Boulder Business Improvement District are not intended to duplicate or supplant the services, facilities, and improvements provided by the City of Boulder within the district boundaries. The Downtown Boulder Business Improvement District is being created to provide enhanced or otherwise unavailable services, facilities, and improvements within the district. Three persons who represent the petitioners and who have power to enter into agreements relating to the organization of the district are: John Mehaffy Gene Sullivan Paul N. Eklund Petitioners respectfully request the organization of the Downtown Boulder Business Improvement District and that a board of directors of the Downtown Boulder Business Improvement District, consisting of 9 electors of the district, be appointed in accordance with the district service plan. Petitioners further state that this petition is signed by persons owning real or personal property in the service area of the proposed district having a valuation for assessment of not less than fifty percent of the total valuation for assessment of real and personal property in the service area as shown on the official tax rolls of Boulder County and, in addition, by persons owning at least fifty percent of the acreage in the proposed district. This petition is filed with a bond or cash deposit, sufficient to cover all municipal expenses connected with organizational proceeding in case the organization of the proposed district is not effected in an amount determined by the City of Boulder. An additional bond or deposit of additional cash may be required by the City Council of the City of Boulder if it determines that the initial bond or cash deposit is insufficient. Petitioners acknowledge that failure to file such additional bond or deposit within the time fixed, which shall be not less than ten days, will result in dismissal of the petition. WHEREFORE, petitioners respectfully request the Mayor and the City Council of the City of Boulder to approve the organization of the Downtown Boulder Business Improvement District and to enact an ordinance creating the district and appoint the directors and take such other actions as may be necessary to effectuate the organization of said district. EXHIBIT A Description of Proposed Business Improvement District boundaries Starting at the intersection of Broadway & Pine Street; east on Pine Street, I block, right on 13th Street, tA block; left onto alley between Pine and Spruce; 1 block east; right on 14th Street, ~ block; east on centerline of Spruce, 2 blocks; right on 16th Street, ½ block; left onto alley between Spruce and Pearl, 4 blocks; across 20th Street continuing down alley, include block 88, lots 8,9, 10 & l 1; across Pearl Street to include block 75, lots 4, 5, 6 &7; right onto alley between Pearl and Walnut, 2 ½ blocks west; left on 18th Street, ½ block; right on Walnut Street, 1 block; left on 17th Street, I block; right on centerline of Canyon Blvd, I block; left on 16th Street, ~A block; follow creek to block I Orchard Home, lot 2; across Grove Street to include block 3, and tracts 517 & 520; right on Arapahoe, west to 13th Street; left on centerline of Canyon BIvd, 4 blocks; right on 9th to include lot 1 Canyon Center; left on Walnut to the intersection of 8th and Walnut Street; right on centerline of 8th Street, I block; left on Pearl Street to block 101, lot 29; right on ally between Pearl and Spruce to block 97, lots 1 & 2; across Spruce Street to include lot 2 Howe subdivision; right on alley between Spruce and Pine to Broadway; left on centerline of Broadway to the intersection of Broadway & Pine Street. Also include block I, lot 2 off Broadway in Central Park. Exclude from the Business Improvement District, federal property owned by U S Post Office, block 69, lots 9 - 12, and north 50 feet of lots 7 & 8. Exclude from the Business Improvement District, Boulder County owned property Courthouse; block 95, lots 1; block 94, lots 4, 5 & 6. Exclude from the Business Improvement District, City of Boulder proper~y, block 11, lots I, 2 &3; block 12; block 13; block 14, lots I through 12; block 2, lots 1 through 6; block 1, lots 1,3,4,5,6 &7. Exclude from the Business Improvement District, Central Area General Improvement District Property, block 45, lots 1 - 6; block 43, lots 3 - 6; block 39, lots 4 - 9; block 70, lots 1 - 6; block 96, lots 3 - 6; and, block 119, lots 10- 12. Pursuant to the Statute, the District shall contain only that taxable real and personal property within said boundaries which is not classified for property tax purposes as either residential or agricultural. DOWNTOWN BOULDER BUSINESS IMPROVEMENT DISTRICT PETITION SIGNATURE PROPERTY OWNER'S NAME: Authorized Signature: Title: Date: (PLEASE PRINT) Address(es) of real and/or personal property in the proposed district or district service area are: AFFIDAVIT OF CIRCULATOR STATE OF COLORADO COUNTY OF BOULDER SS~ The undersigned, being of lawful age and being first duly sworn upon oath, hereby affirms and states: That affiant was the circulator of the foregoing petition number _ for the organization of the Downtown Boulder Business Improvement District within the City of Boulder, County of Boulder, State of Colorado, and that the signature on said petition was affixed in affiant's presence and is, to the best of affiant's knowledge and belief, the signature of the person whose name it purports to be. Circulator Please Print: Circulator's name Address Telephone number The foregoing affidavit was subscribed and affirmed, or sworn to, before me in the County of Boulder, State of Colorado this __day of , 1999 Notary Public SEAL My commission expires: 4 INSTRUCTIONS FOR CIRCULATORS 1. Pages l-4 are a packet comprising the petition. Do not separate these pages. 2. Signers must sign in the presence of the circulator. The signer and the circulator may not be the same person. A circulator may be a secretary, bookkeeper, or anyone of lawful age (18 or older) willing to sign the affidavit. 3. A circulator may not notarize his/her own signature. Thus a total of 3 different persons are necessary to complete a petition: 1) a signer; 2) a circulator; and 3) a notary. 4. Questions about the proposed district you are unable to answer should be referred to Marilyn Haas at (303) 449-3774, who should follow up as soon as possible. 5. Do your best to make sure signatures and printed names are legible. 6. If you encounter someone not previously identified as a property owner in the district/service area, have the petition signed but code the petition so staff can follow up if need be. 7. Return your petition(s) as soon as possible. INSTRUCTIONS FOR SIGNERS The owner's name should be as it appears on your property tax bill, whether it is a corporation, partnership, trust, or an individual. The authorized signature is: The individual's name for an individual owner b. A corporate officer for a corporate owner c. A general partner for a partnership owner d. Someone who can legally bind the entity for an entity owner, such as a trust, LLC, etc. If more than one property in the proposed district is owned by the same owner, use lines 2-5 If there are multiple owners under a generally common organization, use separate petitions. 870 )iration of the period of :axing authority. Any one :e contiguous or not. The Treasurer of .............. in .... day of ............... A.D, roperty in the County of tvey, and quitclaim unto airs and assigns forever. ............ day of ............... nowledged and when ed therein and of any essment and the court -~ prima facie evidence dn described, free and metal taxes or special and except the lien of d by this part 11 shall its election, may pur- l assessments. Do.far. e. close the lien any public improve- improvement of any tprovements by cities subdistricts thereof, ch :~*rovement for c. : taxes for the 871 Public Improvements 31-25-1203 purpose of retiring said bonds or warrants, unless the action is commenced within fifteen years from the date of maturity of the last issue of said bonds. Source: L 81: Entire part added, p. 1623, § 21. effective July 1. C.J.$- See 53 C.J.S.. Liens. § § 33-38. PART 12 BUSINESS IMPROVEMENT DISTRICTS 31-25-120L Short title. This part J. 2 shall be known and may be cited as the "Business Improvement District Act". Source: L. 88: Entire part added, p. 1128, § i. effective May 6. 31-25-1202. Legislative declaration. (1) The general assembly declares that the orga- nization of business improvement districts within municipalities of the state, having the pur- poses and powers provided in this part 12, will serve a public purpose; will promote the health, safety, prosperity, security, and general warfare of the inhabitants thereof, the prop- erty owners therein, and all the people of the state: will promote the continued vitality of commercial business areas within municipalities: and will be of special benefit to the prop- erty within the boundaries of any district created pursuant to this part 12. (2) The general assembly further declares that the creation of business improvement districts pursuant to this part 12 implements section I8 (1) (d) of article XIV of the state constitution and is essential to the continued economic growth of the state. Source: L. 88: Entire part added, p. 1128, § 1. effective May 6. 31-25-1203. Definitions. As used in this part 1.2. unless the context otherwise requires: (1) "Board" means the board of directors of a business improvement district. (2) "Commercial property" means any taxable real or personal property which is not classified for property tax purposes as eith'er residential or agricultural. (3) "District" means a business improvement district formed by a municipality pur- suant to this part 12. (4) (a) "Elector" means a natural person who is a citizen of the United States and a resident of the State of Colorado. who is eighteen years of age or older, and who: (I) Makes his primary dwelling place in the district: or (II) Owns taxable re~.l or personal property within the boundaries of the district: or (III) Is the holder of a leasehold interest in taxable real or personal property within the boundaries of the district; or (IV) Is the natural person designated by an owner or lessee of taxable real or personal property in the district which is not a natural person to vote for such owner or lessee. Such designation must be in writing and filed with the secretary of the district. Only one such per- son may be designated by an owner or lessee. (b) Nothing in this subsection (4) shall permit an elector to cast more than one vote. 5) "Improvements" means public improvements, including but pot limited ~o streets, sid(~walks, cb, rbs, gutters, pedestrian malls, streetlights, drainage faciht~es, landscaping, deco- rative structures, statuaries, fountains, identification signs, traffic safety devices, bicycle paths, off-street parking facilities, benches, rest rooms, information booths, public meeting facilities, and all necessary incidental, and appurtenant structures and improvements. "Improvements" also inclu~tes the relocation and improvement of existing utility lines. (6) "Net effective interest rate" means the net interest cost of securities divided by the sum of the products derived bv multiplying the principal amount of the securities maturing on each maturity date by the ~umber of years from their date to their respective maturities. In all cases, 'net effective interest rate" shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities. (7) "Net interest cost" means the total ~mount of interest to accrue on securities from their date to their respective maturities, less the amount of any premium above par. or plus 31-25-1204 Government - Municipal 872 the amount of any discount below par. at which said bonds are being or have been sold. In all cases. "net interest cost" shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities. (8) "Operating plan" mean} the operating plan approved by the municipality pursuant to section 31-25-1211. (9) "Publication" has the same meaning as that set forth in section 32-1-103 (15), C.R.S. (10) "Service area" means the area within the municipality which is described in the ordinance creating a district pursuant to this part 12. no less than fifty, percent of which area shall have been developed and used as commercial property prior to the adoption of such ordinance and. at the time of the adoption of such ordinance, shall be used primarily as commercial property. Notwithstanding any provision in this subsection (10) to the contrary, the service area may include a location designated by the municipality, after public notice and hearing, as a location for new business or commercial development. Property which is not commercial property and which is within the "service area" of a district shall not be sub- ject to the revenue-raising powers of the district until it becomes commercial property, and is included within the district's boundaries, as provided in section 31-25-I208. (11) "Services" means the services described in section 31-25-1212 (1) (f). Source: L. 88: Entire part added, p. 1128. § 1. effective May 6. L. 91: (10) amended, p. 758, § I, effective May 20. Editor's note: Section 9 of chapter 128, Session Laws of Colorado 1991. provides that section 1 of the act amendino- subsection 610) does not apply to any business improvement district formed prior to May 20. 1991, pt[rsuant to part 12 of article 25 of title 31. unless the board of directors of such district adopts a resolution directing that said section 1 applies to such dismct 31-25-1204. Authority, of governing body. The governing body of every, municipality is hereby vested with jurisdiction to create and establish one or more districts within the boundaries of the municipality pursuant to the provisions of this part 12. and such districts shall have all the powers provided in this part 12 which are authorized by the ordinance ere- ating the d strict, or any amendment to the ordinance, adopted by the governing body. Whe~n the approval of the municipality s required bv this part 12, such approval shall be given by the governing body or such other board or official of the municipality as may be designated by the charter or ordinances of the municipality unless the approval of the municipal ty s expressly required by this part 12. Source: L. 88: Entire part added, p. 1130, § 1, effective May 6. Law reviews. For article, "Economic Develop- ment Incentives for Colorado Municipal'ties ', see 19 Colo. Law. 239 (1990). 31-25-1208. Organizational procedure. (1) The organization of a district shall be initi- ated by a petition filed in the office of the clerk of the governing body. (2) The petition shall be signed by persons who own real or personal property in the service area of the proposed district having a valuation for assessment of not less than fifty percent, or such greater amount as the governing body may provide by ordinance, of the valuation for assessment of all real and personal property in the service area of the pro- posed district and who own at least fifty percent, or such greater amount as the governing body may provide by ordinance, of the acreage in the proposed district. The petition shall set forth: (a) The name of the proposed district, which shall include a descriptive name and the words "business improvement district"; (b) A general description of the boundaries and service area of the proposed district; (c) A general description of the types of services or improvements or both to be pro- vided by the proposed district; (d) 'The names of three persons to represent the petitioners, who have the power to enter into agreements relating to the organization of the district; and (e) A request for the organization of the district. (3) The petition shall be accompanied by a bond with security approved hy the govern- ing body or a cash deposit sufficient to cover all expenses connected with the proceedings 873 in case the proceeding the cash d~ bond or th, after, and. dismissed. V~idity o tence of op 31-25-L2: of the petit forty days shall cause place of he first-class r posed dist: counties in disqualifie~ ownership within the amended,~ Editor's r petition for 31-25-12 hearing or rolls of the ment of th~ taxable pre the govern the bond o the filing o (2) Th~ (3) (D~ (4) Pti, from the s, best intern: (5) If i' conformit3 that the tyF eming bed tions of the bound: the petitio~ trict shall i 872 been sold. In ff redemption ality pursuant )3 (15). C.R.S, ~cribed in the of which area ~ption of such I primarily as , the contrary, public notice ~erty which is tll not be sub- property and ~amended, p. tat section 1 of Ormed prior to of such district tuP; ' ,ality is ts .in the suco districts rdinance cre- erning body. oval shall be ty as may be >royal of the unicipalities", shall be initi- )perty in the ess than fifty nonce, of the a of the pro- he governing ~etition shall ame and the th to be pro- :he power to proceedings 873 Public Improvements 31-25-1207 in case the organization of the district is not effected. If at any time during the organization proceedings the governing body determines that the bond first executed or the amount of the cash deposited is insufficient in amount, it may require the execution of an additional bond or the deposit of additional cash within a time to be fixed, not Iess than ten days there- after, and~ upon failure of the petitioners to file or deposit the same, the petition shall be dismissed. Source: L. 88: Entire part added, p. 1130, § 1, effective May 6. Validity of petitions not dependent upon exis- circulated with petitions had no effect. Jensen v. tence of operating plan and budget so subse- City and County of Denver. 806 E2d 381 (Colo. quent amendment of operating plan and budget 1991). 31-25-1206. Notice of hearing. The governing body, as soon as possible after the filing of the petition, shall fix by order the place and time. not less than twenty days nor more than forty days thereafter, for a hearing thereon. Thereupon, the clerk of the governing body shall cause notice by publication to be made of the pendency of the petition, of the service area. boundaries, improvements, and services of the proposed district, and of the time and place of hearing thereon. The clerk shall also cause a copy of said notice to be mailed by first-class mail to each property owner within the service area and boundaries of the pro- posed district at his last-known address, as disclosed by the tax records of the county or counties in which the municipality is located. No member of the governing body shall be disqualified to perform any duty imposed by this part 12 by reason of direct or indirect ownership of property within the service area or boundaries of any proposed district, by reason of relationship to any person who owns property within the proposed district or ser- vice area. or by reason of ownership of or employment by any entity which owns property within the proposed district or service area. Source: L. 88: Entire part added, p. 1131, § 1, effective May 6. L. 91: Entire section amended, p. 758. § 2, effective May 20. Editor's note: Section 9 of chapter 128, Session Laws of Colorado 1991, provides that section 2 of the act amending this section does not apply to the organization of any proposed district for which a petition for organization is filed prior to May 20, 1991. pursuant to section 31-25-1205. 31-!5-1207. Hearing - f'mdings - when action barred. (I) On the date fixed for such hearing or at any adjournment thereof, the governing body shall ascertain, from the tax rolls of the county or counties in which the district is located, the total valuation for assess- ment of the taxal~le real and personal property in the service area and the classification of taxable property. If it appears that said petition is not signed in conformity with this part 12, the governing body shall dismiss the petition and adjudge the cost against those executing the bond or depositing the cash filed to pay such costs. Nothing in this section shall prevent the filing of a subsequent petition for a similar district. (2) The findings of the governing body upon the question of the genuineness of the sig- natures and all matters of fact incident to such determination shall be final and conclusive. (3) (Deleted by amendment. L. 91, p. 759, § 3, effective May 20, 1991.) (4) Prior to the organization of the district, the governing body may exclude property from the service area or boundaries of the district if it deems such exclusion to be in the best interests of the district or required by section 31-25-1208. (5) If it appears that an organization petition has been duly signed and presented in conformity with this part 12, that the allegations of the organization petition are true. and that the types of services or improvements to be provided by the proposed district are those services or improvements which best satis~ the purposes set forth in this part 12, the gov- erning body upon the completion of the hearing, shall, by ordinance, adjudicate all ques- tions of jurisdiction and may, in its sole discretion, declare the district organized, describe the boundaries and service area of the district, and give it the corporate name specified in the petition by which, in all subsequent proceedings, it shall thereafter be known. The dis- trict shall be a quasi-municipal corporation and political subdivision of the state with all powers and responsibilities thereofi 31-25-1208 Government - Municipal 874 (6) Such ordinance shall finally and conclusively establish the regular organization of the district against all persons unless an action, including an action for certiorari review~ attacking the validity of the district is commenced in a court of competent jurisdiction with- in si.x~ days after the effective date of such ordinance. Thereafter. any such action shall be perpetually barred. The organization of said district shall not be directly or collaterally questioned in any suit, action, or proceeding, except as provided in this subsection (6). Source: L. 88: Entire part added, p. I131, § I, effective May 6. L. 91: Entire section amended, p. 759, § 3, effective May 20. Editor's note: Section 9 of chapter 128, Session Laws of Colorado 1991, provides that section 3 of the act amending this section does not apply to the organization of any proposed district for which a petition for organization is filed prior to May 20. 1991, pursuant to section 31-25-1205. City council complied with procedures set in proposed business improvement district. forth in this section once percentage of repro- Jenson v. City and County of Denver, 806 R2d semation based upon petition signatures was 381 (Colo. 1991). adjusted to reflect current property owners with- 31-25-1208. Boundaries - exclusion proviso. (I) The boundaries of a district may con- sist of contiguous or noncontiguous tracts or parcels of commercial property. No property shall be included within the boundaries of the district which is not commercial property. No district may be organized wholly or partly within an existing district. (2) Notwithstanding any provision of this part 12 to the contrary,, no tract of land which is classified for property tax purposes as residential or agricultural shall be included in the boundaries of any district organized pursuant to this part 12. No personal property which is situated upon real estate not included in the boundaries of a district shall be kncluded with- ha such district. If, contrary to the provisions of this section, any such tract, parcel, or per- sonal property is included in the boundaries of any district, the owners thereof, on petition to the governing body, shall be entitled to have such property excluded from such district fi-ce and clear of any contract, obligation, lien, or charge to which it may be liable as a part of such district. (3) If the property tax classification of any tract of land lying within the service area of any district organized under the provisions of this part 12 has been or is changed from res- idential or agricultural to any other classification, such lands and the personal property thereon shall no longer be excluded from the boundaries of said district and shall be sub- ject to all obligations, liens, or charges of such district on and after January, 1 of the year lowing such change. Source: L. 88: Entire part added, p. 1132, § 1, effective May 6. Law reviews. For article. "Economic Develop- ment Incentives for Colorado Municipalities", see i9 Colo. Law. 239 (1990). 31-25-1209. Board of directors - duties. (1) (a) Except as otherwise provided in this subsection (1), the governing body of the municipality which creates the district shall con- stitute ex officio the board of directors of the district. In such event, the presiding officer of the governing body shall be ex officio the presiding officer of the board, the clerk of the governing body shall be ex officio the secretary of the board, and the treasurer of the municipality shall be ex officio the treasurer of the board. A quorum of the governing body shall constitute a quorum of the board. (b) The governing body of the municipality may, at any time, provide by ordinance for the creation of a board of directors of the district consisting of not fewer than five members. Each member shall be an elector of the district appointed by the governing body or, if des- ignated by the governing body, by the mayor of the municipality; except that, if possible, no more than one-half of the members of the board may be affiliated with one owner or lessee of taxable real or personal property in the district. Each member shall serve at the pleasure of the municipality. Within thirty days after a vacancy occurs, a successor shall be appoint- ed in the same manner as the original appointment. Within thirty days after his appoint- ment, except for good cause shown, each member shall appear before an officer authorized 875 to administer as required b! tiom and laws of the board.' bets as secret:: surer may be (c) If mor, in an urban rs district, the go the governing general imprc board of direc the officers of a quorum of ti (d) If the y signed by pers district having amount as the all real and pe least fifty pore, of the acreage shall be electe members of th the same as th~ The initial elez of the ordinan quent election~ article 1 of title ments, and thz districts pursu: the same mum the board are trict. Elections sions of part 8 paragraph (d) (e) The go district or the office, but onlx by the governi: be heard in per any member o body shall file the charges ma (f) Ten pc: municipality f¢ thereof for ine may remove tk given a copy c opportunity to the removaI of body shall file the charges ma (2) The bo record of all pr the board, whic ested parties. T all money rece: annual or othe 874 .~ation of i review, :on with- shall be laterally (6). section :tion 3 of r which a district. 806 R2d 2ay con- )roperty ,erty. No d which d in the which is ed with- . or per- petition district LS: t area of 'om res- roperty be sub- ,ear fol- lalities". t in this all con- fficer of c ofthe : of the ~g body [nce for :mbers. ', if des- ible, no Ieasure ppoint- ppoint- horized 875 Public Improvements 31-25-1209 to administer oaths and take an oath that he will faithfully perform the duties of his office as required by law and will support the constitution of the United States, the state constitu- tion, and laws made pursuant thereto. A majority of the members shall constitute a quorum of the board. The board shall elect one of its members as presiding officer, one of its mem- bers as secretary, and one of its members as treasurer. The office of both secretary, and trea- surer may be filled by one person. (c) If more than one-half of the property located within the district is also located with- in an urban renewal area, a downtown development authority, or a general improvement district, the governing body of the municipality may, at any time. provide by ordinance that the governing body of the urban renewal aut'horitv, do;~ntown development authority, or _=eneral improvement district created by the mun~i~ipality shall constitute ex officio the ~oard of directors of the district. In such ~vent. the officers of such entity shall be ex officio the officers of the board. A quorum of the board of directors of such entity shall constitute a quorum of the board. (d) If the petition initiating the organization of the district or any subsequent petition signed by persons who own real or personal property in the service area of the proposed district having a valuation for assessment of not less than fifty percent, or such greater amount as the governing body may provide bv ordinance, of the valuation for assessment of all real and personal property in the service ~rea of the proposed district and who own at east fifty percent, or such greater amount as the governin- body may provide by ordinance. of the acreage in the proposed district so specifies, the members of the board of the district shall be elected bv the electors of the district. If such a petition is approved, the terms of members of the b'oard shall be specified by ordinance of the governing body and shall be the same as the terms of directors of special districts pursuant to article I of title 32. C.R.S. The initial election for members of the board shall be held within sixty days after approval of the ordinance orzanizing the district or the filing of any subsequer{t pe'tition. All subse- quent elections for ~nembers of the board shall be on the }ezular election date specified in article 1 of title 32. C.R.S.. for special districts. The number of directors, the quorum require- ments, and the oaths of office shall be the same as those provided for directors of special · ~ S ~ the board shall be filled in districts pursuant to article 1 of tttle .~2, C.R.. Any vacancy on the same manner as provided in paragraph (b) of this subsection Il), Until the members of the board are elected and qualified, the governing body shall serve as the board of the dis- trict. Elections pursuant to this paragraph (d) shall be held in accordance with the provi- sions of part 8 of article 1 of utle ~2. C.R.S. Th cost of any election held pursuant to this paragraph (d) shall be borne by the district. (e) The governing body of the mun cipality may remove a member of the board of a district or the entire board thereof for inefficiency or neglect of duty or misconduct in office, but only after the member or the board has been given a copy o'f the charges made by the ooverning body aoainst such member or such board and has had an opportunity to b~ heard in person or by counsel before the governing body. In the event of the removal of any member of the board or of the board pursuant to this paragraph (e). the governing booty shall file in the office of the clerk thereof a record of the proceedings, together with charges made against the member or the board and the findings thereon. th~f) Ten percent of the electors of a district may petition the zoverninz body of the municipality for the removal of a member of the board of the distric~ or of th~ entire board thereof for inefficiency or neglect of duty or misconduct in office, and the govern ng body may remove the member or the board, but only after the member or the board has been giv[n a copy of the charges made against such member or such board and has had an opportunity to be heard in person or by counsel before the governing body. In the event of the removal of the member or of the board pursuant to this paragraph (f), the governing body shall file in the office of the clerk thereof a record of the proceedings, together with the char~es made against the member or the board and the findings thereon. (2) '~'he board shall adopt a seal. The secretary shall keep. in a well-bound book, a record of all proceedings, minutes of meetings, certificates, contracts, and corporate acts of the board, which shall be open to inspection by the electors of the district and other inter- ested parties. The treasurer shall keep permanent records containing accurate accounts of all money received by and disbursed for and on behalf of the district and shall make such annual o'r other reports to the municipality as it may require. All budgets and financial 31-25-1210 Government - Municipal 876 records of the district, whether governed by a separate board or by the govemifig body of the municipality, shall be kept in compliance with parts 1 and 5 of article 1 of title 29, C.R.S. (3) Each member of the board of a district or the governing body of the municipality or other entity acting ex officio as the board of a distr/ct is required to disclose any potential conflicting interest in any transaction of the district pursuant to section 18-8-308, C.R.S. A board member with a potential conflicting interest in a district transaction may not partici- pate in the considerations of and vote on the transaction, may not attempt to influence any of the contracting parties, and may not act directly or indirectly for the board in the inspec- tion. operation, administration, or performance of any contract related to the transaction. Ownership. in and of itself, by a board member of property, within the district shall not be considered a potential conflicting interest. (4) When the governing body of the municipality establishes a board of directors pur- suant to paragraph (b), (c), or (d) of subsection (1) of this section, it may set such condi- tions, Iimitations, procedures, duties, and powers under which the board shall conduct its business. Such conditions and limitations may be in the form of a binding contract on both the governing body of the municipality and the board and may include provisions requiring the dissolution of the board after a specified length of time, at which time the governing body of the municipality shall assume all powers and duties of the district, including the payment of any outstanding indebtedness. Source: L. 88: Entire part added, p. Ii32. § 1, effective May 6. L. 91: (1)(b) amended, p. 760, § 4. effective May 20. Editor's note: Section 9 of chapter 128. Session Laws of Colorado 1991, provides that section 4 of the act amending subsection (1){b) does not apply to any business improvement dismct formed prior to May 20. 1991. pursuant to parr 12 of article 25 of title 31, unless the board of directors of such dis- trict adopts a resolution directing that said section 4 apphes to such district. 31-25-1210. Meetings. Upon notice to each member of the board, the board shall hold meetings, which shall be held in a place to be designated by the board as often as the needs of the district require. The meetings of the board shall be subject to the provisions of part 4 of article 6 of title 24, C.R.S. The board shall act by resolution or motion. Source: L. 88: Entire part added, p. 1134, § 1, effective May 6. L. 91: Entire section amended, p. 821, § 7, effective June 1. 31-25-1211. Approval of actions by municipality. No district created under the provi- sions of this part 12 shall issue bonds, levy taxes, fees, or assessments or provide improve- ments or services unless the municipality has approved an operating plan and budget for the district. The operating plan or budget shall specifically identify the services or improve- ments to be provided by the district, the taxes, fees. or assessments to be imposed by the dis- trict, the estimated principal amount of bonds to be issued by the district, and such addi- tional information as the municipality may require. The district shall file an operating plan and its proposed budget for the next fiscal year with the clerk of the municipality no later than September 30 of each year. All of the business records of the district shall be consid- ered public records, as defined in section 24-72-202 (6), C.R.S., and shall promptly be made available to the municipality upon request. For the purposes of this section, the business records of the district shall not include the business records of the owners of property in the district. The municipality may require the district to supplement the district's operating plan or budget where necessary,. The municipality shall approve or disapprove the operating plan and budget within thirty days after receipt of such operating plan and budget and all requested documentation relating thereto, but not later than December 5 of the year in which such documents are filed. Thereafter, the services, improvements, and financial arrangements of the district shall conform so far as practicable to the operating plan and the budget. The operating plan and the budget may, from time to time. be amended by the district with the approval of the municipality in substantially the same manner as the process for formulating the operating plan and budget for each year. Any material depar- ture from the operating plan and the budget, as originally approved or amended from time to time, may be enjoined by an order of the municipality filed with the board. 877 31- exceF (b (c (d affec: agem (e: denc bon~ (f) (II effici: (V (v~ (V~ cost-c by th dispc ment (h (i) the d trict high' shall as pc imps the c the F able depa: appr menc stree trans porrL depa for s~ (k vices payr:-. per[' distr: forec title ) in th levie necti. 876 nv lg body of of utle 29, C.R.S. e municipality or nsc any potential 8-8-308, C.R.S. A may not partici- to influence any arfi in the 'inspec- the transaction· ;trier shall not be of directors pur- y set such condi- shall conduct its contract on both ~visions requiring ne the governing icl, including the )(b) amended, p. es that section 4 of istrict formed prior rectors of such dis- board shall hold ,ften as the needs ox ~s of part 4 1: Entire section under the provi- ~rovide improve- n and budget for vices or improve- ~posed by the dis- t, and such addi- tn operating plan licipality no later t shall be consid- romptly be made :ion. the business >f property in the t's operating plan ne operating plan :1 budget and all : 5 of the year in [ts, and financial ~erating plan and ~d by the e manner as the ~, material depar- tended from time ard. 31-25-1212 Public Improvements 877 Source: L. 88: Entire part added, p. 1135. § 1. effective May 6. L. 91: Entire section amended, p. 760, § 5, effective May 20. 31-25-12L2. General powers of district. (1) The district has the following powers, except as limited by the operating plan: (a) To have perpetualexistence: ve and use a corporate seal: . (b) ~To ha ...... a ~,q be a nartv to suits, actions, and proceed~r}g,s .... . .... ~'~ (c) Lo ane~ a~_tooec~n~racts and a~;eements, except as otherwise provided m uus (d) loenter rmv affecting the affairs of the district, including contracts with the United States and any of its agencies or instrumentalities: (e) To borrow money and incur indebtedness for the purposes of the district and evi- dence the same by cert{ficates, warrants, notes, and debentures and to issue negotiable bonds in accordance with the provisions of this part 12; (f) To provide any of the following services within the district: · ' s ecl to olanning or managing development activities; Consulting wtth re p ' ~ ..... ;~ ;* ;~ d termined to be the most cost- li~) Maintenance of improvements, ny conu .......... e efficient; n or marketing of district activity; (III) Promo.tio. - *-~*;~ and manaaement of public events; IV Or amzatton, promouon, mar~,~'"'~, Z--F__. ~2o,,~-,ent and development; (V) Actlvttles tn supp,,, [ ,o~ ~ _ ~,. ~-- ~^~-ted within the dmmct; (VI) Security for busmes ~ ,P, .'~- ~,, -~,ntract ff it is determined to be the most cost-efficient: · ' assistance: (VIII) Providing design ....... ate the im,~rovements contemplated hv'~'l~is oart 12 and all property, rtgnts, or mter=sp m,.,_,,. ..... :- [n~cludin~ leases and ease- ~iSl~se~of real and personal property and any mterest me, To refund any bonds of the district pursuant to article 56 of title 11, C.R.$.: I~)) To have the management, control, and supervision of all the business and affairs °f the district and of the acquisition, construction, financing, installation, and ol~eration of dis- trier improvements and the financing and operation of district services thereto: (j) To construct and ins ~ - .... of water or v,;atercourse. The district shall promptly restore any such street or highway to its former state of usefulness as nearly as possible and shall not use the same in such manner as completely or unnecessarily to impair the usefulness thereof. The use and occupation of streets, alleys, and highways and the construction or installation of improvements by any district shall be in accordance with the rovisions of all applicable munlctpal o[.dm~a~nces..~an~ ~aeternlua~c~nnadli~tahf~cCthe~eoarS~ ablfrules and regulations .as may be pr,escnns~a~:Y^e..l~t'~%'~g.osed i~>ro;ements shall be de artment of transportation. Plans anu s.pes~:~[,['..'~.~=~lat~n of improvements is com- approved by the mumcll~hty,b ......... a district imr~rovements across or along any street or h ghwav whii:h is part of the state highway system for which the department of · ' ' ' ' n shall be a~proved i;x writing by the department of trans- transoortation has lurm&cnn [ ....... .~a ,,r installed. Such approval by the ortation before such lmprove.m?nts may o.e ,c, un=[~.~t~7,~ m~ cli~tri f any res¢onsibility (k) To fix, and from time to time increase or decrease, rateS, tolls, or charges for any ser- vices or improvements furnished by the district. The board may pledge such revenue for the istrict. Until paid. all rates, tolls, or charges shall co?titu?, a payment o~ any bond, s of !h~e. d~.~ -~.mmercial r~rot, erty served wxthtn the boundaries ot me perpetual lien on ann agaln~, ........ real property may be district, and any such lien on personal property or any such lien on ' 22 of foreclosed in the same manner as provided in article 20 of title 38, C.R.S., or amcle title 38, C.R.S., respectively. The board may shut off or discontinue service for delinquencies in the payment of such rates, tolls, or charges or for delinquencies in the payment of taxes vied ursuant to this part 12 and sha prescribe and enforce rules and regulations for con- le .- ~P_.:.,. and disconnecting from such services and facilities. 31-25-1.213 Government - Municipal 878 (I) To appoint an advisory board of owners of property within the boundaries of the district and provide for the duties and functions thereof: (m) To hire employees or retain agents, engineers, consultants, attorneys, and accoun- tants: (n) To adopt and amend bylaws not in conflict with the constitution and laws of the state or with the ordinances of the mun cipality affected for carrying on the business, objects, and affairs of the board and of the district: and (o) To exercise all rights and powers necessary or incidental to or implied from the spe- cific powers granted in this part 12. Such specific powers shall not be considered as a limi- tation upon any power necessary or appropriate to carry out the purposes and intent of this part 12. Source: L. 88: Entire part added, p. 1135, § 1, effective May 6. L. 91: (1)(3) amended, p. I070. § 43, effective July 1.: (l)(k) amended, p. 761, § 6, effective May 20. 31-25-1213. Power to levy taxes. In addition to any other means of providing revenue for a district, the board has the power to lew and collect ad valorem taxes on and against all taxable commercial property, as defined irl section 31-25-1203 (2), within the boundaries of the district. Such taxes shall be specified in the petition organizing the district pursuant to section 31-25-!.205. If such taxes are not so specified in the petition, then an election prior to the levyin~ of such taxes must be held within the district. Elections held pursuant to this secnon shall ~e held in accordance with the provisions of part 8 of article 1 of title 32. C.R.S. The cost of any election held pursuant to this section shall be borne by the district. Such taxes shall be l~vied in accordance wi~h the provisions of part 3 of article 1 of title 29. C.R.S. Source: L. 88: Entire part added, p, 11.37, § 1. effective May 6. Exclusion of apartment~ and boarfllng houses lion 3 (I) (a) of article X of state constitution as ~'om leD' and collection of ad valorem taxes on legislature's classification of apartments and taxable commercial property by business boarding: houses as residential property is rea- improvement district pursuant to this section sonable~'Jensen v. City and County of Denver. does not v o a e uniformity requirement of sec- 806 R2d 381 (Colo. I991.). 31-25-1214. Determining and fixing rate of levy. The board shall determine the amount of money necessary to be raised by a levy on the taxab e property in the district, taking [nco consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of the valuation for assessment of tm(ab e property within the district together with other revenues, shall raise the amoun required by the district dur- ing the ensuing fiscal year to supply funds for paying the expenses of organization and the costs of providing the services of the district and acquiring, constructi~ng, installing, and operating the improvements or works of the district and promptly to pay in full when due all interest on and principal of bonds and other obligations of the district. In the event of accruing defaults or deficiencies, additional evies may be made as provided in section 31- 25-1215. In accordance with the time schedule provided in section 39-5-128. C.R.S.. the board shall certify to the board of county commissioners of each county in which the dis- trict or a portion'thereof lies the rate so fixed in order that, at the time and in the manner required by law for the levving of taxes, such board of county commissioners shall levy such tax upon the valuation for assessment of all taxable property within the district. Source: L. 88: Entire part added, p. I137, § 1, effective May 6. 31-25-L115. Levies to cover deficiencies. The board, in certifying annual levies, shall take into account the maturing indebtedness for the current and ensuing year as provided in its contracts, maturing bonds, and interest on bonds and the deficiencies and defaults of prior years and shall make ample provisions for the payment thereof. In case the moneys produced from such levies, together with other revenues of the district, are not sufficient to pay punctually the annual installments on its contracts or bonds and interest thereon and to pay defaults and deficiencies, the board, from year to year, shall make such additional levies of taxes as may be necessary for such purposes, and. notwithstanding any limitations, such 879 taxes shall be lc'. fully paid. Source: L. 88: 31.15-1216. C having authorit2.. ed in this part 12 collect and enfor est and penalties district ordering monthly to the tr the district. All tz for default in pa7 until paid, on an~ type of lien as th: Source: L. 88: 31-25-1217. : included as a par The sale of prop statutes of this sr Source: L. 88: 31-25-1218. i lawful for the bc fund in such am~ lions of the distr: betterments for Soarce: L. 88: 31.25-1219. of the improve~ districts within established whe benefited bv su making the 'imp this article: exc defined in sectic mined by the of the district s! constructed sba to this part 12. (2) (a) In e may impose sp, bo4ndaries of t resolution settir after the adopti the imposition upon which suc notice, which poses for which manner of payr file a remonstrr cause a copy ot 878 les -~ the 31 accoun- ws of the business, ~ the spe- ~ a, limi- mt of this ended, p. d against ~undaries pursuant :ion prior nt to this ~2. C.R.S. '/ct. Such [9, C.R.S. titution as lents and rty is rea- f Denver, king into y which. ty within trict dur- t and the ling, and ~hen due event of etlon 31- R.S.. the t the dis- evy such les, shall >rovided faults of moneys ,n and to tal levies >ns, such 879 Public Improvements 31-25-1219 taxes shall be levied and shall continue to be levied until the indebtedness of the district is fully paid. Source: L. 88: Entire part added, p. 1137. § 1. effective May 6. 31-25-1216. County officers to levy. and collect taxes - lien. It is the duty of the body having authority to le(v taxes within such county to levy the taxes certified to it as provid- ed in this part ~2. It is'the duty of all officials charged with the duty of collecting taxes to collect and enforce such taxes at the time and in the form and manner and with like inter- est and penalties as other taxes are co[lected and. when collected, to pay the same to the district ordering its levy and collection. The payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district. Ail taxes levied under this part 12. together with interest thereon and penalties for default in payment thereo£ and all costs of collecting the same shall constitute a lien. until paid. on and against the property taxed, and such lien shall be considered the same type of lien as that for all other general taxes. Source: L. 88: Entire part added, p. 1138, § 1, effective May 6. 31-25-1217. Property sold for taxes. The taxes provided for in this part 12 shall be included as a part of general ad valorem taxes and shall be paid and collected accordingly. The sale of properties for delinquencies shall be conducted in the manner provided by the statutes of this state for selling property for nonpayment of other ad valorem taxes. Source: L. 88: Entire part added, p. 1138, § 1, effective May 6. 31-25-1218. Reserve fund. When any indebtedness has been incurred by a district, it is lawz'ul for the board to lew taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the obliga- tions of the district for operating charges and depreciation and to provide extensions of and betterments for the improvements of the district. Source: L. 88: Entire part added, p. 1138. § I. effective May 6. 31-25-L219. Special assessments. (1) In order to defray all or any portion of the costs of the improvements provided bv the district, the board may establish special improvement districts within the boundaries Sf the district. Such special improvement districts may be established whenever in the opinion of the board property in the district will be especially benefited by such improvements. The method of creating special improvement districts, making the improvements, and assessing the costs thereof shall be as provided in part 5 of this article: except that the electors eligible to vote on the question shall be electors as defined in section 31-25-1203 (4) of the district or the special improvement district, as deter- mined by the board, the board shall perform the duties of the governing body, the secretary of the district shall perform the duties of the clerk, and the improvements which may be constructed shall be the improvements which the district is permitted to provide pursuant to this part 12. (2) (a) In order to defray all or any portion of the costs of providing services, the board may impose special assessments wholly or in part upon real property located within the boundaries of the district. Prior to imposing a special assessment, the board shall adopt a resolution setting a date, which shall be not less than twenty days nor more than forty days after the adoption of the resolution, a time. and a location for a hearing on the question of the imposition of such special assessment and the benefit to be derived by the property upon which such special assessment will be imposed. The resolution shall include a form of notice, which shall describe the property on which the assessment shall be levied, the pur- poses for which the assessment is to be levied, the proposed method of assessment and the manner of payment thereof, and the right of the owners of the property to be assessed to file a remonstrance petition. Thereupon, the board shall give the notice by publication and cause a copy of said notice to be mailed by first-class mail to each owner of the property to 31-25-1220 Government - Municipal 880 be assessed at his last-known address, as disclosed by the tax records of the county or coun- ties in which the district is located. (b) On the date and at the time and place specified in the notice, the board shall con- duct a hearing for the purpose of considering the desirability of and the need for providing the service and imposing the assessment therefor and determining the special benefits to be received by the properties to be assessed. No assessment shall be imposed if a remonstrance petition objecting to the assessment and signed by the owners of the property which would bear more than one-half of the proposed assessment is filed with the board prior to or at the hearing. After the hearing, the board shall adopt a resolution either approving or disap- proving the proposed assessment. The resolution shall apportion the relative benefits to the real properties benefited by the service. Thereafter. the board shall cause to be prepared a local assessment roil. All assessments shall be due and payable at the time and place speci- fied in the assessing resolution and said assessments shall become delinquent if not paid with thir~ days of such due date. (c) The board shall cause to be mailed by first-class mail to each owner of property specified on the assessment roll a notice of the amount of the assessment, the due date. and a statement that the assessment shall constitute a perpetual lien. from the date of mailing of the notice in the amount assessed against each lot or tract of land. and a statement that such lien shall have priority over all other liens except general tax liens. As to any subsequent subdivision of any lot or tract of land assessed, the assessment may be apportioned by the board in such manner, if any. as may be provided in the assessing resolution. If any court of competent jurisdiction sets aside any assessment for irregularity in the proceedings, the board may make a new assessment in accordance with the provisions of this subsection (2). If an assessment is not paid within thirty days after its due date, penalty interest on the amount of the assessment shall accrue at the rate established pursuant to section 5-12-106 (2) and (3), C.R.S.. until the date of sale or payment. (d) The assessments imposed by this section shall be collected by the officer of the dis- trict designated in the assessment resolution or, by agreement with the municipality, by the municipal treasurer. In the case of a d~fault n the payment of any assessment, the collec- tion officer shall certify to the county treasurer the whole amount of the unpaid assess- ments. The county treasurer shall advertise and sell all property concerning which such a d6fault has occurred for the payment of the whole of the unpaid assessment, plus penalties and costs of collection. Such advertisement and sale shall be made at the same times, in the same manner, under all the same conditions and penalties, and with the same effect as pro- vided by general Iow for sales of real estate and default of payment of the general proper- ty tax. Source: L. 88: Entire part added, p. 1138, § 1, effective May 6. L. 96: (1) amended, p. 1770. § 70, effective July 1. 31.25-1220. Inclusion or exclusion - petition - notice - hearing. (1) Thc boundaries of any district orgamZed under the provisions of this part 12 may be changed in the manner prescribed in this section, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its rights or privileges what- soever, nor shall it affect or impair or discharge any contract, obhgation, lien, or charge for or upon which the district might be liable or chargeable had any such change of boundaries not been made. The owners of property proposed to be included or excluded may file with the governing body a petition, in writing, requesting that such property be included in or excluded from the district. The petition shall describe the property owned by the petition- ers and shall be verified. The petition shall be accompanied by a deposit of moneys suffi- cient to pay all costs of the inclusion or exclusion proceedings. The clerk of the governing body sha~l cause notice of the filing of such petition to be given and published, which notice shall state the filing of such petition, the names of the petitioners, descriptions of the prop- erty sought to be included or excluded, and the request of said petitioners. (2) Such notice shall inform all persons having objections to appear at the time and place stated in said notice and show cause why the petition should not be granted. The gov- erning body, at the time and place mentioned or at any time to which the hearing may be adjourned, shall proceed to hear the petition and all objections thereto which may be pre- sented by any person showing cause why said petition should not be granted. The failure of 881 any interes: sion or exc: aries of the governing ~' with the co upon. said 7 (3) An to the leu.' district outs Son£~e: L § 7, effecti~ 31-25-122 board, with 31-25-1209 shall bear i: does not ex as determir determinec The form a: tion, shall i: orem taxes held pursu: sources otk If the boar. out payme: thereof- Th= by the pres ed by the s shall deter:- presiding c an indebte_ ed. and bo: that effect. Source: [ 31-25-12. interest of struction, i: within the or corpora: an indebte. issuing suc purpose. S t manner pr any date se any other required ar the same r shall recite the estima principal o est rate to (2) Suc manner of proposed appoint a c 88O h( nty or coun- ~e board shall con- need for providing ~ecial benefits to be d if a remonstrance )perty which would rd prior to or at the pproving or disap- ttive benefits to the ~e to be prepared a ne and place speci- inquent if not paid owner of property t. the due date. and ~ date of mailing of ;tatement that such to any subsequent ~pportioned by the :ion. If any court of .e proceedings, the this subsection (2). dry interest on the to section 5-12-106 e officer of the dis- nunicipaliry, by the :ssment. the collec- the unpaid assess- rn: vhich such a ac. Aus penalties : sam~ times, in the same effect as pro- he general proper- [6: (1) amended, p. The boundaries of ged in the manner shall not impair or or privileges what- . lien, or charge for ange of boundaries [uded may file with ~' be included in or ed by the petition- fit of moneys suffi- · k of the governing ished, which notice ptions of the prop- ar at the time and e ~anted. The gov- he hearing may be which may be pre- nted. The failure of 881 Public Improvements 31-25-1222 any interested person to show cause shall be deemed as an assent on his part to the inclu- sion or exclusion of such property as requested for in the petition. If the change of bound- aries of the district does not adversely affect the district and if the petition is granted, the governing body shall adopt an ordinance to that effect and file a certified copy of the same with the county clerk and recorder of the county in which the property is located. There- upon, said property shall be included or excluded from the district. (3) All property included within or excluded from a district shalI thereafter be subject to the lew of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of inclusion or exclusion. Source: L. 88: Entire part added, p. 1t39, § 1. effective May 6. L. 91: (2) amended, p. 761. § 7, effective May 20. 31-25-122L Board can issue bonds · form. To carry out the purposes of this part 12, the board, with the approval of the municipality if the board is appointed pursuant to section 31-25-1209 (1) (b) or (1) (c), is hereby authorized to issue bonds of the district. Such bonds shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, payable at such times as determined by the board, and shall be due and payable in installments at such times as determined by the board extending not more than twenW years from the date of issuance. The form and terms of said bonds, including provisions for their sale, payment, and redemp- tion, shall be determined by the board. If such bonds are payable from the general ad val- orem taxes of the district, such bonds shall not be issued unless first approved at an election held pursuant to section 31-25-i222. Bonds payable solely from revenues derived from sources other than the district's general ad valorem tax may be issued without an election. If the board so determines, such bonds may be redeemable prior to maturity, with or with- out payment of a premium, but no premium shall exceed three percent of the principal thereo~. The bonds shall be executed in the name of and on behalf of the district and signed by tfie presiding officer of the board with the seal of the district affixed thereto and attest- ed by the secretary of the board. Such bonds shall be in such denominations as the board shall determine, lmteres[ coupons, if any, shall bear the original or facsimile ~signature of the presiding officer of the board. Under no circumstances shall any of said boors be held to be an indebtedness, an obligation, or a liability of the municipality in which the district is locat- ed. and bonds issued pursuant to the provisions of this part 12 shall contain a statement to that effect. Source: L. 88: Entire part added, p. t140. § i. effective May 6. 31-25-1222. Submission of debt question. (1) When any board determines that the interest of said district and the public interest or necessity demand the acquisition, con- struction, installation, or completion of any improvements or the provision of any service within the district or the making of any contract with the United States or with any person or corporation to carry, out the objects or purposes of said district requiring the creation of an indebtedness, said board shall order the submission to the electors of the proposition of issuing such obligations or bonds or creating other indebtedness at an election held for that purpose. Such election shall be held and conducted and the results thereof declared in the manner provided in part 8 of article 1 of title 32. C.R.S. Any such election may be held, on any date selected by the board, separately or may be consolidated or held concurrently with any other regular or special election. The declaration of public interest or necessity required and the provisions for the holding of such election may be included within one and the same resolution, which, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred. the estimated cost of the works or improvements, as the case may be, the amount of the principal of the indebtedness to be incurred therefor, and the maximum net effective inter- est rate to be paid on such indebtedness. (2) Such resolution shall also fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of the proposed indebtedness or the making of the proposed contract. Such resolution shall appoint a designated election official and provide for the duties thereof. 31-25-1223 Government - Municipal 882 883 (3) (Deleted by amendment. L. 96. p. 1771, § 71 effective July 1, 1996.) Source: L. 88: Entire part added, p. 1141, § 1. effective May 6. L. 96: (2) and (3) amend- ed. p. 1771. § 71. effective July 1. 31-25-1223. Effect - subsequent elections. If any such proposition is approved at such election in the manner required by part 8 of article i of title 32, C.R.S., the district is autho- rized to incur such indebtedness or obligation, enter into such contract, or issue and sell such bonds of the district, as the case may be, all for the purposes and objects specified in the proposition submitted, in the amount so provided, and at a rate of interest such that the maximum net effective interest rate specified in the proposal is not exceeded. The bonds may be sold at public or private sale, as determined by the board to be in the best interests of the district. Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent elections called for such purpose. Source: L. 88: Entire part added, p. 1141, § 1, effective May 6. 31-25-1224. Confirmation of contract proceedings. (1) In its discretion, the board may file a petition at any time in the district court in and for any county in which the dis- tric't is located, praying for a judicial examination and determination of any power con- letted, or of any securities issued or merely author/zed to be issued, or of any taxes, assess- ments, or servi~e charges levied or otherwise made or contracted to be levied or otherwise made. or of any other act. proceeding, or contract of the district, whether or not such act. proceeding, or contract has been taken or executed, including proposed contracts for any improvement, proposed securities of the district to defray wholly or in part the cost.of.the project, and the proposed acqai~ition, mprovement equipment, maintenance, operauon, or disposal of any property pertaining thereto (or any combination thereof): ,' : (2) Such petition shall: (a) Set forth the facts whereon the validity of such power, securities, taxes, assessments, charges, act. proceeding, or contract is founded: and (b) Be verified by the presiding officer of the district. (3) Such action shall be in the nature of a proceeding in rem. and jurisdiction of all par- ties interested may be had by publication and posting, as provided in this part I2. (4) Notice of fhe filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any proceeding or contract therein mentioned may be examined. (5) The notice shall be served: (a) By publication at least once a week for five consecutive weeks by five weekly insertions in a newspaper of general circulation in the municipality in which the district is located; (b) By posting in the office of the district at least thirty days prior to the date fixed in the notice for the hearing on the petition. (6) Jurisdiction shall be complete after such publication and posting. (7) Any owner of property within the boundaries of the district or any other person interested (n the proceeding or contract or proposed proceeding or proposed contract or in the premises may appear and move to dismiss or answer the petition no less than five days prior to the date fixed for the hearing or within such further time as may be allowed by the court. The petition shall be taken as confessed by all persons who fail so to appear. (8) The petition and notice shall be sufficient to give the court jurisdiction, and, upon hearing, the court shall examine into and determine all matters and things affecting the question submitted, shall make such findings with reference thereto, and shall render such judgment and decree thereon as the case warrants. (9) Costs may be divided or apportioned among any contesting parties in the discretion of the trial court. (10) Review of the judgment of the court may be had as in other similar cases; except that such review shall be applied for within thirty days after the time of the rendition of such judgment or within such additional time as may be allowed by the court within thirty days- (ll) T~ rice where: (12) Th the substan (13) Ali ed for und~ concern an~ 31-25-122 be dissolvec prescribed ~ tiated by flit: persons desc operating pi the govemir the govemir the district. filed in the ,, trict or any r ever, no d'is~ indebtedness Notwithstan~ or persona] assessment c provide by.c the service 'a amount as t! district, the ~ ations, shall cial obligatk obligations. Source: L. amended, p. 31-25-1220 part 12 in governing bt thereby be ~ given and thereupon sk Source: L. 31-25-1227 unimpaired. the departme highway syst. powers grant, Source: L. amended, p. i 31-25-1228, other law or method of ac~ 883 Public Improvements 31-25-i228 Lend- such { sell .'d in t the *ods d or ame )ard dis- ~ise any the the full kly :t is lin ;on : in the Pon :he ~ch :pt ch is. (11) The Colorado rules of civil procedure shall govern in matters of pleading and prac- tice where not otherwise specified in this part 12. (I2) The court shall disregard any error, irregularity, or omission which does aot affect the substantial rio_hts of the parties. (i3) All case~ in which there may arise a question of the validity of any matter provid- ed for under this section shall be advanced as a matter of immediate public interest and concern and shall be heard at the earliest practicable moment. Source: L. 88: Entire part added, p. 1141. § t. effective May 6. 31-25-1225. Dissolution procedure. Any district organized pursuant to this part 12 may be dissolved after notice is given, publication is made, and a hearing is held in the manner prescribed by sections 31-25-1206 and 31-25-I207. The dissolution of the district may be ini- tiated by filine in the office of the clerk of the governing body either a petition signed by the persons'described in section 31-25-1205 (2) or, in the case of a district which has not filed an operating plan and budeet as required by section 31-25-1211 for two years, a resolution of the _~overnine body. Af~'er hearing any protests agaJ2st or objections to dissolution and if the ~overnin~ body determines that it is for the best interests of all concerned to dissolve the ~listrict. it shall so provide by an effective ordinance, a certified copy of which shall be filed in the office of the county clerk and recorder in each of the counties in which the dis- trict or any part thereof is located. Upon such filing, the dissolution shall be complete. How- ever. no district shall be dissolved until it has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities or until funds are on deposit and available therefor. Notwithstanding any other provision of this section, upon petition of persons who own real or personal properiy in the service area of the proposed district having a valuation for assessment of not less than fifty percent, or such greater amount as the governing body may provide by ordinance, of the valuation for assessment of all real and personal property in the servic~ area of the proposed district and who own at least fifty percent, or such greater amount as the governing body may provide by ordinance, of the acreage in the proposed district, the district shall he prohibited from incurring any aew or increased financial oblig- ations, shall impose its existing taxes, fees. and assessments s6lely to meet any existing finan- cial obligations, and shall be dissolved as soon as the district has no outstanding financial obligations. Source: L. 88: Entire part added, p. 1143. § 1, effective May 6. L. 91: Entire section amended, p. 762. § 8. effective May 20. 31-25-1226. Correction of faulty notices. In any case that a notice is provided for in this part 12 in which the governing body finds for any reason that due notice was not given, the governing body shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated; but the governing body, in that case. shall order due notice given find shall continue the proceeding until such time as notice is properly given and thereupon shall proceed as though notice had been properly given in the first instance. Source: L. 88: Entire part added, p. 1143. § 1, effective May 6. 31-25-1227. Department of transportation and municipal jurisdiction unimpaired. Nothing in this part 12 shall affect or impair the control and jurisdiction which the department of transportation has over streets and highways which are part of the state highway system or which a municipality has over all property within its boundaries. All powers gr~nted by this part 12 shall be subject to such control and jurisdiction. Source: L. 88: Entire part added, p. 1143. § 1, effective May 6. L 91: Entire section amended, p. I070, § 44, effective July 1. 31-25-1228. Method not exclusive. Nothing in this part 12 shall repeal or affect any other law or any part thereof, it being intended that this part 12 shall provide a separate method of accomplishing its objects and not an exclusive one.