ORDINANCE NO. 3621

AN ORDINANCE CREATING AND ESTABLISHING

THE HORIZON DRIVE ASSOCIATION BUSINESS IMPROVEMENT DISTRICT

AND APPROVING AN OPERATING PLAN AND BUDGET THEREFOR

Recitals:

 On March 30, 2004, the Horizon Drive Association business improvement district organizing committee filed a petition with the City Council of the City of Grand Junction requesting formation of a business improvement district.

 Upon review of the petition and signatures thereon, it appears that the petition meets the requirements of the Business Improvement District Act, Part 12 of Article 25 of Title 31, of the Colorado Revised Statutes.

 The formation of the district will provide continuing, dedicated resources to promote business activity in the area.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:

Section 1. Upon consideration of the petition requesting the formation of the Horizon Drive Association Business Improvement District, the Council finds:

(a) That the proposed district was initiated by petition filed with the City Clerk, that the petition was duly signed and presented in conformity with the Business Improvement District Act, Part 12 of Article 25 of Title 31 of the Colorado Revised Statutes and that the allegations of the petition are true;

(b) That the City Council has fixed a place and time for a hearing on the petition;

(c) That notice of such hearing has been duly published and mailed in accordance with the Business Improvement District Act;

(d) That an operating plan and budget for 2004, together with an ongoing district service plan, has been filed with the City Clerk of the City of Grand Junction;

(e) That the Horizon Drive Association Business Improvement District is lawful and necessary, should be created and established and should include the area described and set forth herein.

Section 2. The Horizon Drive Association Business Improvement District is hereby created and established for the purposes and with the powers set forth in the service plan and the 2004 operating plan.

Section 3. The District is located within the boundaries of the City of Grand Junction and a general description of the boundaries of its area is: all commercial property bounded on the south by G Road, north on Horizon Drive Association through and including H Road, bounded on the west by 27 Road/15^th Street, and on the east by 27 ½ Road northeast to Walker Field Airport Authority. The boundaries shall include, but are not limited to Horizon Court, compass Drive Association, Crossroads Boulevard, crossroads Court, Skyline Court, Sundstrand Way and Hilara Avenue. The District will include the following parcels:

** these three parcels have been combined and renumbered as 2701-364-26-037

The Horizon Drive Association Business Improvement District shall consist only of taxable real property located within the service area which is not classified for property tax purposes as either residential or agricultural together with any taxable personal property located on such taxable real property. Any residential or agricultural property located within the boundaries of the service area is not subject to the District’s revenue-raising powers until such time as the property changes classification for property tax purposes.

Section 4. The Horizon Drive Association Business Improvement District shall be governed by a five member board of directors elected as provided in the Business Improvement District Act and the District’s service plan except that until the initial board is elected, the Grand Junction City Council shall govern the District. The terms of office of the elected board of directors shall be four years except that, of the directors first elected, three shall be elected for a two-year term and two shall be elected for a four-year term.

Section 5. The service plan and 2004 operating plan and budget, as filed with the City Clerk of the City of Grand Junction, are hereby approved. The District will levy a tax of no more than 5.0 mills upon every dollar of the valuation for assessment of taxable property within the District.

Section 6. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Charter.

Introduced on first reading this 7^th day of April, 2004.

Passed and adopted on second reading, after a duly noticed public hearing, this 21^st day of April, 2004.

                               /s/: Jim Spehar

       President of the Council

ATTEST:

/s/: Stephanie Tuin

City Clerk