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Home My WebLink About07056ORDINANCE NO. 7056 AN ORDINANCE ORGANIZING THE NORTH GATEWAY NUMBER 1 BUSINESS IMPROVEMENT DISTRICT WITHIN THE CITY OF PUEBLO, COLORADO WHEREAS, the City Council (the "Council') of the City of Pueblo, Colorado, received a Petition for Organization of the North Gateway Number 1 Business Improvement District within the City of Pueblo (the "District'); and WHEREAS, the Council, following notice as required by Section 31 -25 -1201, et se q., Colorado Revised Statutes (C.R.S.) held and conducted a public hearing at 7:00 p.m. on Monday, September 22, 2003 (which date is not less than 20 days nor more than 40 days after the Petition for Organization was filed with the City Clerk), at the City Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado, at which proponents and opponents of the District had the opportunity to be heard; and WHEREAS, the Council has found from the tax rolls of Pueblo County, in which the proposed District is located entirely, that the total valuation for assessment of the taxable real and personal property within the boundaries of the District is $49,640, all of which is classified as Commercial; and WHEREAS, the Council has also found that all the real and personal property located within the District is owned by one entity which has irrevocably waived its right to have said real and personal property excluded from the District and, further, that the entity has voluntarily requested that said real and personal property be included within the boundaries of the District; and WHEREAS, based upon the Petition for Organization and other evidence presented to the Council in the aforementioned public hearing, the Council has found and does hereby find that the Petition has been signed in conformity with Part 12 of Article 25 of Title 31, C.R.S., that the signature on the Petition is genuine, and that the signature of the Petitioner represents the entity which owns real or personal property within the boundaries of the proposed District having a valuation for assessment of not less than 50% of the valuation for assessment of all real and personal property within the boundaries of the proposed District (the actual percentage being 100 %) and who own at least 50% of the acreage in the proposed District (the actual percentage being 100 %); and WHEREAS, the Council finds it to be in the best interest of the District not to exclude any property from the District; and WHEREAS, the Petition sets forth: (a) the name of the proposed District which shall include a descriptive name and the words "Business Improvement District" to wit: "North Gateway Number 1 Business Improvement District ;" (b) a general description of the boundaries and service area of the proposed District, which are one and the same; (c) a general description of the types of services or improvements or both to be provided by the proposed District, which improvements satisfy the purposes of Section 31 -25- 1201, et seq., C.R.S.; (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; (e) a request for the organization of the District and the appointment of a Board of Directors therefore at the appropriate time. WHEREAS, the allegations for the Petition for Organization are true; and WHEREAS, as requested by the City of Pueblo, sufficient security approved by the Council has been submitted as provided in Section 31 -25- 1205(3) C.R.S.; and WHEREAS, the boundaries of the proposed District are entirely within the City of Pueblo, the Petition contains the items required by statute, sufficient security approved by the Council has been submitted, a sufficient genuine signature exists on the Petition from a person who is qualified to sign such Petition, and the Council has held and conducted a public hearing on the matter following due notice of such hearing as required by law; therefore, the Council is vested with jurisdiction to make the within findings and to organize the District. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Pursuant to Part 12 of Article 25 of Title 31, C.R.S. and specifically Section 31 -25- 1207(5), C.R.S., the City Council (the "Council "), as the governing body of the City of Pueblo, hereby adjudicates all questions of jurisdiction to find that jurisdiction is vested in the Council to organize the Business Improvement District described in the Petition for Organization of the North Gateway Number 1 Business Improvement District within the City of Pueblo. SECTION 2. The Council hereby declares the organization of the North Gateway Number 1 Business Improvement District ( "District"), which shall have the boundaries (and service area which shall be one and the same) described in Exhibit A attached hereto and made a part hereof by this reference. SECTION 3 The District shall be a quasi - municipal corporation and political subdivision of the state with all powers and responsibilities thereof. The District shall hereafter have the corporate name specified in the Petition: North Gateway Number 1 Business Improvement District. SECTION 4 Pursuant to Section 31- 25- 1209(1)(a), C.R.S., the Council shall constitute ex officio the Board of Directors of District. SECTION 5 The District shall file its Operating Plan and Budget annually, no later than September 30 of each year, with the City Clerk of Pueblo for approval of the Council as provided in Section 31 -25- 1211 C.R.S. SECTION 6. The City Council finds and determines that the construction and installation of the proposed Dillon Flyover, an interstate highway structure serving the area within the District ( "Highway Improvement') is the improvement which best satisfies the purposes set forth in Part 12 of Article 25 of Title 31, C.R.S. District improvements shall be limited and restricted to the construction and installation of the Highway Improvement. SECTION 7 Neither this Ordinance nor the creation of the District shall be or be deemed to be or constitute a compromise, release, waiver or discharge by the City of any of the owners, subdividers or developers of land within the District of any obligation or liability imposed by the ordinances, resolutions and standards of the City, now or hereafter adopted, including, without limitation, any obligation or liability to construct and install the Highway Improvement described in Section 6 hereof or to contribute to such construction and installation. SECTION 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of this ordinance. The Council hereby declares that it would have passed this ordinance, including each part, section, subsection, sentence, clause or phrase hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, clauses or phrases maybe declared invalid. SECTION 9 All ordinances or resolutions, or parts thereof, in conflict with this ordinance are hereby repealed to the extent of such conflict, provided that this repealer shall not repeal the repealer clauses or any such ordinance or revive any ordinance thereby. INTRODUCED September 8. 2003 BY Al Gurule Councilperson APPROVED: President of City Council ATTEST: City rk PASSED AND APPROVED September 22, 2003 TO: THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO PETITION IN RE THE ORGANIZATION OF THE NORTH GATEWAY NUMBER I BUSINESS IMPROVEMENT DISTRICT, CITY OF PUEBLO, COLORADO RECITAL WHEREAS, Section 31 -25 -1201 et se g., Colorado Revised Statutes (the 'BID Act ") authorizes the creation of business improvements districts within the boundaries of a municipality, and the BID Act sets forth the method of creating a business improvement district; and WHEREAS, Section 31 -25 -1205, Colorado Revised Statutes ( "C.R.S. "), provides that the organization of a business improvement district shall be initiated by petition subscribed by the owner or owners of property having a valuation for assessment of not less than 50% of the valuation for assessment of all real and personal property in the service area of the proposed district and who own at least 50% of the acreage in the proposed district. NOW THEREFORE, the undersigned being the owner of one hundred percent (100 %) of the taxable real and personal property in the service area of the proposed North Gateway Number 1 Business Improvement District ('District "), presents this Petition for the Organization of a Business Improvement District pursuant to and in accordance with Part 12 of Article 25 of Title 31, C.R.S., as amended, and in support of the Petition, state as follows: 1. Name of District The name of the proposed District shall be the "North Gateway Number 1 Business Improvement District." 2. Boundaries and Service Area of the District The boundaries and the service area of the proposed district are described in Exhibit A, which is attached hereto and incorporated herein by this reference. 3. Description of Services and Improvements The District shall be authorized to provide for the design, planning, engineering, acquisition, construction and financing of certain public improvements and all necessary, incidental and pertinent structures and real property interests (collectively the "Improvements "), and for the provision of services related thereto, all more particularly described on Exhibit B, which is attached hereto and incorporated herein by this reference. 1453984.x1 4. Waiver of Right to Exclude Property With full knowledge that the taxable real and personal property owned by the undersigned could be excluded from the proposed District, the undersigned hereby requests that said property be included into the proposed District and, further, the undersigned hereby irrevocably waives all rights it may hereafter have to petition for exclusion from the District. 5. Governing Body Pursuant to Section 31- 25- 1209(1)(b) C.R.S., Petitioner requests that the City Council create a Board of Directors consisting of five qualified electors of the District to be appointed by City Council. 6. Operatine Plan and Budget An operating plan and budget for the District for the balance of 2003 and for 2004 will be submitted to the City Council no later than September 30, 2003, in accordance with Section 31 -25 -1211 C.R.S. 7. Petitioner's Representative The names of three persons who have the power to enter into agreements relating to the organization of the District are: Dee Rogers Brown, Abel Manzanares and Wayne Lovelady. 8. The Tabor Election The questions of incurring indebtedness to finance the cost of the Improvements and the establishment of a mill levy for the operation and maintenance thereof, may be submitted to the electors of the District, after approval by City Council, in compliance with Article X, Section 20 of the Colorado Constitution and the BID Act. WHEREFORE, the undersigned Petitioner prays that the City Council of the City of Pueblo, Colorado, adopt an ordinance organizing and establishing the District, and approving its operating plan and budget for the balance of 2003 and 2004, all in accordance with this Petition and the law. re Respectfully submitted this ( day of August 2003. W L Enterprises Ltd B De gers Brown oject Manager State of Colorado ) ) ss County of Pueblo ) The foregoing was acknowledged before me this day of August, 2003 by Dee Rogers Brown as Project Manager of WL Enterprises, Ltd. 1453984.0 My commission expires: ( ` AOOG Notary Public 1453984.v1 EXHIBIT A Property Description A parcel of land located in the City of Pueblo, County of Pueblo, State of Colorado, lying within the Outlook East Master Plan and generally described as being bordered on the east by the westerly right of way line of Interstate 25, bordered on the south by the south boundary of the Outlook East Master Plan, bordered on the west by the easterly right of way of Outlook Boulevard, as the same is shown on the Outlook East Master Plan, and being bordered on the north by the northerly right of way line of Dillon Drive (formerly Platteville Blvd.) as the same is shown on the Outlook East Master Plan. The property is legally described as: See attached legal description 1453984.v1 EXHIBIT B Description of Public Improvements Proposed for BID • Interstate highway structures directly serving the area within the BID • Streets, including bicycle paths, curbs and gutters, and traffic safety devices • Street lights • Drainage facilities and detention ponds • Landscaping of common areas • Identification signs • Relocation and improvement of existing electrical, gas, water and/or sewer lines as is necessary • Other "improvements" as that term is defined in Section 31 -25- 1203(5) C.R.S. • The provision of services as described in Section 31- 25- 1212(1)(0 C.R.S. • The exercise of any and all other powers that are granted to Business Improvement Districts under Section 31 -25 -1212 C.R.S., and other laws 1453984.x1 NORTH GATEWAY NUMBER 1 BUSINESS IMPROVEMENT DISTRICT LEGAL DESCRIPTION A parcel of land being a portion of the SW ' / 4 of the SE ' / 4 and the SW ' / 4 of Section 1 and a portion of the SE ' / 4 of Section 2 and a portion of the NW ' / 4 and the W %2 of the NE ' / 4 of Section 12, Township 20 South, Range 65 West of the Sixth Principal Meridian, Pueblo County Colorado, being more particularly described as follows: BEGINNING at the most northwesterly corner of Skyview Subdivision according to the recorded plat thereof, filed for record November 5, 1980 in Book 2049 at Page 905 in the records of the Pueblo County Clerk and Recorder, said point also being on the easterly line of that parcel of land described in that document, filed for record January 18, 1985 in Book 2228 at Page 426 in the records of the Pueblo County Clerk and Recorder, from which the SW corner of said Section 1 bears N 61 °21'38" W (Bearings based on the west line of the SW ' / 4 of said Section 1 monumented at the north end with a 1 V2 aluminum Tri-Co cap PLS 7168 and at the south end with a 3" brass cap on a 2" iron pipe PLS 9009 assumed to bear N 07 °03'43 "E) a distance of 2255.54 feet; thence along the easterly and northerly line of said parcel described in Book 2228 at Page 426 the following five ( 5 ) courses: 1. N 13 °17'40" W a distance of 697.51 feet; (S 13 019117" E deed) 2. S 87 °55'44" W a distance of 257.81 feet; (N 87 54'07" E, 257.81 feet deed) 3. S 52 °38'33" W a distance of 600.67 feet; (N 52 036'56 "E deed) 4. N 22 °08'34 "W a distance of 1077.26 feet; 5. S 67 °51'26 "W a distance of 139.33 feet to a point on the easterly right of way line of Outlook Boulevard; Thence northerly along said easterly right of way line and said right of way line extended the following three ( 3 ) courses; 1. N 20'57'16"W a distance of 470.52 feet; 2. along the arc of a curve to the right having a central angle of 05 °07'45" and a radius of 2450.00 feet a distance of 219.33 feet; 3. N 15'49'1 3"W a distance of 1241.31 feet to a point on the northerly right of way line of Dillon ( Platteville Boulevard ) Drive, according to that document filed for record October 5, 1992 in Book 2617 at Page 298 -299 in the records of the Pueblo County Clerk and Recorder; thence easterly along said northerly right of way line the following six ( 6 ) courses: 1. along the arc of a non - tangent curve to the left whose center bears N 18 °50'50 "W and having a central angle of 03 °17'51" and a radius of 1000.27 feet a distance of 57.57 feet; 2. N 67 °51' 17 "E a distance of 561.60 feet; 3. along the arc of a curve to the right having a central angle of 04 °36' 17" and a radius of 1100.27 feet a distance of 88.43 feet; 4. N 72 °27'35" E a distance of 901.85 feet; 5. along the arc of a curve to the right having a central angle of 17'03'15" and a radius of 900.22 feet a distance 267.95 feet; 6. N 89 °30'51" E a distance of 439.48 feet to a point on the westerly right of way line of Interstate No. 25; thence southerly along said westerly right of way line the following seven (7) courses: 1. along the arc of a non - tangent curve to the left whose center bears N 84° 13'24" E and having a central angle of 07'29'16" and a radius of 5830.00 feet, and a distance of 761.90 feet; 2. S 13 °15'52" E a distance of 767.60 feet; 3. S 08 °32'07" W a distance of 107.70 feet; 4. S 13 °15'52 E a distance of 200.00 feet; 5. S 35 °03'53" E a distance of 107.70 feet; 6. S 13 °15'52" E a distance of 2338.74 feet; 7. S 05 °44'52" E a distance of 343.09 feet to the northeasterly corner of Eaglecross Subdivision 4 th Filing according to the recorded plat thereof filed for record December 30, 1998 at Reception No. 1256096 in the records of the Pueblo County Clerk and Recorder; thence N 89 °56'51" W along the northerly line of said Eaglecross Subdivision 4` Filing a distance of 355.39 feet to a point on the easterly line of said Skyview Subdivision; thence northerly and westerly along the easterly and northerly line of said Skyview Subdivision the following four (4) courses: 1. N 08 °55'47" W a distance of 1048.11 feet; 2. S 80 °57'35" W a distance of 474.24 feet; 3. N 57 °57'07" W a distance of 95.30 feet; 4. S 32 °02'03 "W a distance of 209.96 feet to the POINT OF BEGINNING. Said parcel contains 163.61 acres, more or less. ROCKY L. GIN PROFESSIONAL LAND SURVEYOR P.L.S. NO. 16128 '51Z-CJ DATE VICTOR E. PLUTT COUNTY ASSESSOR DOROTHY BELTRAN ADMINISTRATIVE ASSISTANT TO THE COUNTY ASSESSOR PUEBLO COUNTY ASSESSOR September 2, 2003 FRANK BELTRAN CHIEF DEPUTY TO THE COUNTY ASSESSOR MAX FRIES SUPERVISOR RESIDENTIAL & MOBILE HOMES BYRON ANTONIONI SUPERVISOR PERSONAL PROPERTY DAVID BRATINA SUPERVISOR DATA PROCESSING PHIL SIERRA DRAFTING & MAPPING DEPT. The attached certified valuation and land classification reports for parcels 05- 010 -00- 019 - 010 -00 -030 05- 010 -00 -018 05- 122 -00 -002 05- 122 -00 -001, constitutes all of the lands included within the North Gateway Number 1 Business Improvement District as reflected on the attached legal description. Current land use code 200 reflects the land classification Commercial Lot Vacant. Sincerely, Frank Beltran Chief Deputy Asessor PUEBLO COUNTY COURTHOUSE 215 W. 10th St., Pueblo, CO 81001 -2998 (719) 583 -6596 FAX (719) 583 -6549 ob I[ . Pronod an Rerwled Paper Parcel 05- 010 -00 -019 Tax Dist 70V Neighborhood 202 Type REAL Name: W L ENTERPRISES LTD Sub Name None On File Address PO BOX 11677 Location None On File PUEBLO CO 81001 -0677 Legal Description 1 -20 -65 CONTG 54.21A SW4 LESS RD + SW4 NW4 (40A) LESS 11.96A TR SOLD TO HWY DEPT IN 1 -20 -65 LESS 9.15A TR SOLD TO WESTWARD ENTERPRISES INC NO 560731 LESS THE W 88.7A M/L IN SW4 IN OUTLOOK METRO DIST NO 469973 LESS PART OF SW4 NW4 IN OUTLOOK METRO DIST NO 469973 (30.85A) Assessors Current Information Current Use Exempt Actual Land 200 0 54280 Imps. 0 0 Total 0 54280 Treasurers Information Mill 103.790 TXD 70V Assessed Value Year 2002 Orig. Tax 1633.66 Prior Tax Information: No Prior Tax Alert Information: A -Alert T- Comment Appraisal Information: Transfer Comments Assessed 15740 0 15740 15740 Amount Due 0.00 CERTIFIED PUEBLO COUNTY ASSESSORS OFFICE q -Z -off Parcel 05- 010 -00 -030 Tax Dist 70Y Neighborhood 202 Type REAL Name: W L ENTERPRISES LTD Sub Name None On File Address PO BOX 11677 Location None On File PUEBLO CO 81001 -0677 Legal Description SW4 NW4 1 -20 -65 CONTG 112.03A SW4 NW4 TH W 88.7A M/L IN SW4 IN OUTLOOK METRO DIST #469773 BEING IN 1- 20 -65. LESS 9.76A SOLD TO WESTWARD ENTERPRIS ES LESS TR SOLD TO AMBEC INDEMNITY BY #761495 + 762961 EXC 4.69A BEING PLATTEVILLE BLVD FORMERLY #05010 -00 -028 Prior Tax Information: No Prior Tax Alert Information: A -Alert T- Comment Appraisal Information: Transfer Comments D CEnTIFIED PUEBLO COUNTY � OFrirF R -Z- v3 Assessors Current Information Current Use Exempt Actual Assessed Land 200 0 67380 19540 Imps. 0 0 0 Total 0 67380 19540 Treasurers Information Mill 103.790 TXD 70Y Assessed Value 19540 Year 2002 Orig. Tax 2028.06 Amount Due 0.00 Prior Tax Information: No Prior Tax Alert Information: A -Alert T- Comment Appraisal Information: Transfer Comments D CEnTIFIED PUEBLO COUNTY � OFrirF R -Z- v3 Parcel 05- 122 -00 -001 Tax Dist 60R Neighborhood 202 Type REAL Name: W L ENTERPRISES LTD Sub Name None On File Address PO BOX 11677 Location None On File PUEBLO CO 81001 -0677 U S A Legal Description 140A M/L IN NW4 NOW A POR OF OUTLOOK METRO DIST #469973 IN 12 -20 -65 LESS TR SOLD TO MGIC DEVELOPMENT CORP #735800 (35.95A M /L) LESS TR SOLD TO AMBEC INDEMNITY BY #761495 + 762961 FORMERLY #05- 120 -00 -034 Assessors Current Information Current Use Exempt Actual Assessed Land 200 0 11300 3280 Imps. 0 0 0 Total 0 11300 3280 Treasurers Information Mill 94.875 TXD 60R Assessed Value 3280 Year 2002 Orig. Tax 311.20 Amount Due 0.00 Prior Tax Information: No Prior Tax Alert Information: A -Alert T- Comment Appraisal Information: Transfer Comments CERTIFIED PUEBLO COUNTY • • ASSESSORS OFFICE_ 9 - - 7� Jzz Parcel 05- 010 -00 -018 Tax Dist 70V Neighborhood 202 Type REAL Name: W L ENTERPRISES LTD Sub Name None On File Address PO BOX 11677 Location None On File PUEBLO CO 81001 -0677 Legal Description 1 -20 -65 CONTG 26.61A THE SW4 SE4 LESS ABANDONED RR 3.21A LESS COUNTY RD 3.21A LESS D +RGW RR 6.43A LESS HWY 4.54A. Assessors Current Information Current Use Exempt Actual Assessed Land 200 0 13305 3860 Imps. 0 0 0 Total 0 13305 3860 Treasurers Information Mill 103.790 TXD 70V Assessed Value 3860 Year 2002 Orig. Tax 400.64 Amount Due 0.00 Prior Tax Information: No Prior Tax Alert Information: A -Alert Appraisal Information: Transfer a CERTIFIED PUEBLO COUNTY � ASSESSORS OFFICE 7, 9 —z —o3 Parcel 05- 122 -00 -002 Tax Dist 60B Neighborhood 202 Type REAL Name: W L ENTERPRISES LTD Sub Name None On File Address PO BOX 11677 Location None On File PUEBLO CO 81001 -0677 Legal Description W2 NE4 W OF HWY (LESS 5.89A HY + LESS RD); NW4 SEC 1220 -65 LESS 140A M/L IN NW4 NOR A POR OF OUTLOOK METRO DIST #469973 LESS 20.61A TR SOLD TO CHURCH OF CHRIST IN BELMONT #64566 (SKYVIEW SUB) 22.79A LESS 4A M/L NE4 NOW A POR OF EAGLECROSS SUB 3RD FILING LESS 2A NOW A POR OF EAGLECROSS SUB 4TH FILING LESS POR SOLD BY WD 1317878 TO IRON EAGLE DEVELOPMENT LLC FORMERLY #05 -120- 00 -039 Assessors Current Information Current Use Exempt Actual Land 200 0 24900 Imps. 0 0 Total 0 24900 Treasurers Information Mill 94.875 TXD 60B Assessed Value Year 2002 Orig. Tax 685.00 Prior Tax Information: No Prior Tax Alert Information: A -Alert T- Comment Appraisal Information: Transfer Comments Assessed 7220 0 7220 7220 Amount Due 0.00 CERTIFIED • PUEBLO COUNTY � ASSESSORS OFFICE 9 - z- c