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O-2002-28
AN ORDINANCE
DECLARING THE ORGANIZATION OF THE ONE HORSE BUSINESS IMPROVEMENT DISTRICT, DESCRIBING THE BOUNDARIES AND SERVICE AREA OF THE DISTRICT, AND GIVING IT THE CORPORATE NAME SPECIFIED IN THE PETITION AND FURTHER DECLARING AN EMERGENCY
WHEREAS, a petition for the organization of the One Horse Business Improvement District was filed with the City Clerk on July 1, 2002 and an amended petition was filed with the City Clerk on August 6, 2002; and
WHEREAS, on July 8, 2002, the City Council fixed by order the time and place for a hearing on said petition; and
WHEREAS, On August 12, 2002, the City Council held a public hearing on said petition.
NOW, THEREFORE, BE IT ORDAINED By The City Council of The City of Lakewood, Colorado, That:
SECTION 1 The City Council hereby makes the following findings regarding the Petition for Organization of the One Horse Business District:
1. Notice of the place and time of the hearing on the petition was published in the Lakewood Sentinel and mailed to each property owner within the service area and the boundaries of the proposed District at such property owner's last known address, as disclosed by county tax records.
2. The Petitioners are the owners of real or personal property in the service area of the proposed District (a) having a valuation for assessment of not less than fifty percent (50%) of the valuation for assessment of all real and personal property in the service area of the proposed District, and (b) which comprises at least fifty percent (50%) of the acreage in the legal boundaries of the proposed District.
3. The signature of the Petitioners are genuine.
4. The name of the proposed District is One Horse Business Improvement District.
5. A general description of the boundaries and service area of the proposed District is as follows:
a. The legal boundary of the District is described upon Exhibit A, attached hereto and incorporated herein.
b. The service area of the District is that real property as described upon Exhibit B, attached hereto and incorporated herein.
6. None of the taxable real or personal property to be included in the boundaries of the proposed District is classified for property tax purposes as either residential or agricultural. No property to be included in the boundaries of the proposed District is within the boundaries of another business improvement district authorized under Title 31, Colorado Revised Statutes.
7. The service area of the District is a location for new business or commercial development pursuant to Section 31-25-1204(l0), Colorado Revised Statutes.
SECTION 2. The City Council hereby declares the above-described One Horse Business Improvement District organized in accordance with Part 12, Article 25, Title 31, Colorado Revised Statutes, and all other statutes and laws of the State of Colorado amendatory thereof or supplemental thereto.
SECTION 3. The City Council hereby provides that the board of directors of the One Horse Business Improvement District shall be chosen by election according to the provisions of C.R.S. 31-25-1209 (1)(d). The terms of the directors on the One Horse Business Improvement District Board of Directors shall be the same as the terms of directors of special districts pursuant to article 1 of title 32, C.R.S.
SECTION 4. Pursuant to C.R.S. 31-25-1209(4), the City Council
hereby provides that the One Horse Business Improvement District shall be limited
to performing those duties and powers and to such other conditions and limitations
as set forth in an operating plan approved by the City and in agreements and
contracts entered into between the District and the City.
SECTION 5. Emergency. This ordinance is necessary for the immediate preservation
of the City of Lakewood's peace, health and safety in order to allow for the
timely establishment of the business improvement district and the timely election
of the board of directors in order to place questions upon the November, 2002,
ballot.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 12th day of August, 2002; published in full in the Lakewood Sentinel on the 15th day of August, 2002; set for public hearing on the 26th day of August, 2002; read, finally passed and adopted by the City Council on the 26th day of August, 2002; and signed and approved by the Mayor on the 27th day of August, 2002.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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