Title
Ordinance No. 15-71 Amending Ordinance 04-238 to Allow City Council to Fill Vacancies on the Board of Directors of the Interquest South Business Improvement District by Appointment. (Legislative)
Body
From:
Carl Schueler, Comprehensive Planning Manager, Land Use Review Division
Summary:
This request pertains to interim appointment of members of the Board of Directors of the Interquest South Business Improvement District (the "BID"). State Statute (? 31-25-1209(d) C.R.S.) provides that the governing body of a municipality may provide by ordinance that the Board of Directors of a Business Improvement District may be elected by the electors of the district. By Ordinance No. 04-238, City Council organized the BID and provided that the members of the Board of Directors would be elected by election. Ordinance No. 04-238 did not include a process by which vacancies on the Board would be filled. The C.R.S. states that vacancies will be filled in the same manner as the original appointment. C.R.S. ?? 31-25-1209(d) and 31-25-1209(b)(1). Because there was no original appointment, there is no mechanism by which vacancies on the Board may be filled other than by election. Therefore, staff recommends that Ordinance No. 04-238 be amended to include a provision that allows Council to fill vacancies on the Board until the next regular special district election. Once the ordinance is amended, the Council could appoint members of the Board of Directors by the proposed resolution to serve until the next regular special district election in May 2016. This item is related to the immediately preceding items on today's agenda, along with the immediately following item.
Previous Council Action:
The BID was established pursuant to Ordinance 04-238 adopted by Council on October 26, 2004, which approved the initial operating plan and budget ("Operating Plan") for the BID. In 2009 City Council approved Ordinance 09-21, which included additional property ...
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