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File #: 20-142    Version: Name: Briargate BID
Type: Ordinance Status: Mayor's Office
File created: 3/17/2020 In control: City Council
On agenda: 5/12/2020 Final action: 5/12/2020
Title: : Ordinance No. 20-19 amending Ordinance 02-24 to Allow City Council to Fill Vacancies on the Board of Directors of the Briargate Business Improvement District by Appointment. (Legislative) Presenters: Carl Schueler, Comprehensive Planning Manager Peter Wysocki, Planning and Community Development Director
Indexes: BID
Attachments: 1. Ordinance_BriargateBID, 2. Briargate BID Appt. Ordinance PowerPoint, 3. Attachment 1- Ordinance 02-24, 4. Attachment 2- Signed Resolution 139-19, 5. Signed Ordinance 20-19.pdf
Title:
Ordinance No. 20-19 amending Ordinance 02-24 to Allow City Council to Fill Vacancies on the Board of Directors of the Briargate Business Improvement District by Appointment.

(Legislative)

Presenters:
Carl Schueler, Comprehensive Planning Manager
Peter Wysocki, Planning and Community Development Director

Body
Summary:
This request pertains to interim appointment of members of the Board of Directors of the Briargate Center 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. Because there were no original appointments, there is no mechanism by which vacancies on the Board may be filled other than by election.

The Board of this BID was temporarily vacated in the Fall of 2019 due to a change in property ownership. In December of 2019, City Council appointed an interim board of directors from among the current ownership group, in order to allow the BID to discharge its duties until the next opportunity for an election (May of 2020). This action to amend Ordinance No. 02-24 brings the original ordinance creating this BID into conformance with the December, 2019 appointment action, and allows Council to temporarily fill any future board vacancies if necessary. This action was contemplated and represented to Council at the time of the December, 2019 appointments.

This item was introduced at an April 14, 2020 Council Work Session, at which time there were no questions or comments.

As an update, counsel for the District reports that appropriate procedures have been followed, allowing for the May, 2020 election to be canceled and for the candidates to fill these positions for their initial full terms.

Background:
BIDs are created under Colorado Statute and City Policy to finance and/or maintain certain public improvements in non-r...

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