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File #: 19-234    Version: 1 Name: Creekwalk Marketplace
Type: Ordinance Status: Failed
File created: 4/18/2019 In control: City Council
On agenda: 5/22/2019 Final action: 5/22/2019
Title: An ordinance excluding certain property from the Creekwalk Marketplace Business Improvement District (Quasi-Judicial) Presenter: Peter Wysocki, Director of Planning and Community Development Carl Schueler, Comprehensive Planning Manager, Planning & Community Development
Indexes: BID
Attachments: 1. Exhibit A-Petition for Exclusion, 2. Exhibit B-Notice of Exclusion, 3. Attachment 1_Petitioner Lettter, 4. Attachment 2_BID_Response, 5. Attachment 3_ Sherman and Howard letter, 6. Attachment 4_Creekwalk-e-mail Mill Levy Impact on Exclusion, 7. PowerPoint_2019CreekwalkBIDExclusions, 8. Signed Ordinance 19-35.pdf
Related files: 19-176


Title
An ordinance excluding certain property from the Creekwalk Marketplace Business Improvement District

(Quasi-Judicial)

Presenter:
Peter Wysocki, Director of Planning and Community Development
Carl Schueler, Comprehensive Planning Manager, Planning & Community Development

Body
Summary:
This is a request for approval of an ordinance to exclude three parcels from the boundaries of the Creekwalk Marketplace Business Improvement District (the "District"). The City received a Petition for an Exclusion of Properties as executed by the owners. Their justification/rationale for exclusion is included in an attached letter. The Board of the District objects to the proposed exclusions and has provided a response which is also attached.

State law requires that all inclusions or exclusions of property into or from BIDs must be approved by the City by ordinance. As further described below, Colorado State Statutes include specific language that must be applied when acting on these requests.

Previous Council Action:
The BID with its initial operating plan and budget was established by Ordinance 16-18 made effective on March 3, 2016. City Council subsequently approved a request for Inclusion of Property into this BID by Ordinance 17-87, made effective on October 4, 2017. On February 27, 2018 additional property was included by Ordinance 18-10. The most recent round of inclusions was approved by Ordinance 19-19 on March 12, 2019. This BID's Operating Plan has been approved annually since that time in accordance with C.R.S. Section 31-25-1211, and most recently in October 2018.

A resolution to authorize the first issuances of debt by this BID is currently under Council consideration.

Background:
BIDs are created under Colorado Statute and City Policy to finance and/or maintain certain public improvements in non-residential areas, utilizing a property tax mill levy as their primary revenue source. BIDs are separate legal entities into the City, but ...

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