ORDINANCE NO. 4461

AN ORDINANCE DETERMINING THE BOUNDARIES FOR THE GRAND JUNCTION, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY

Recitals.

The Grand Junction, Colorado, Downtown Development Authority (“the Authority” or “DDA”) has adopted a Plan of Development (“Plan”) for the boundaries of the Authority. The Plan and boundaries were initially approved by the Grand Junction City Council (“the Council”) on December 16, 1981.

Since that time, several people and entities owning property near or within the DDA, pursuant to §31-25-822, C.R.S. and Article X of the Authority's Plan, have petitioned for inclusion within the Authority’s boundaries. Additionally some properties may have been divided, lots combined or built upon without benefit of a proper legal description, all of which has contributed to some inaccuracies in the DDA database. The boundaries of the DDA have been expanded by the Council by Ordinance Nos. 2045, 2116, 2382, 2400, 2425, 2470, 2655, 2820, 2830, 2914, 3008, 4305, 4326 and 4395. Given the number of amendments that have occurred, some description errors and/or inaccuracies have also occurred.

The Authority, City and County staff have reviewed each parcel of land and determined with a high degree of certainty each parcels relationship to the DDA. By and with this ordinance the boundary as well as the list of parcels comprising the district will be set.

The DDA Board respectfully requests that City Council approve the boundary and the inclusion of the properties described in the ordinance into the Authority’s boundaries.

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

 1. The Council finds the existence of blight within the boundary of the Authority, within the meaning of Section 31-25-802(1.5) C.R.S.

 2. The Council hereby finds and determines that the inclusion of the properties listed on the attached Exhibit A will serve a public use; will promote the health, safety, prosperity, security and general welfare of the inhabitants of the City and of its central business district; will halt or prevent the deterioration of property values or structures; will halt or prevent the growth of blighted areas; will assist the City and the Authority in the development and redevelopment of the district and in the overall planning to restore or provide for the continuance of the economic health; and will be of specific benefit to the property to be included within the amended boundaries of the Authority and the TIF district.

 3. The Authority's boundary, as shown on the attached Exhibit B, is hereby approved by the Council and incorporated into the Plan for TIF purposes. The Authority is hereby authorized to undertake development projects as described in the Plan and to act consistently with the Plan including, but not necessarily limited to, receiving and expending for development and redevelopment efforts a portion or increment of ad valorem and sales taxes generated in the area in accordance with Section 31-25-801, C.R.S.

 4. The Council hereby requests that the County Assessor certify the valuation for the assessment of the new property included by this Ordinance within the Authority’s boundaries and the TIF district as of the date of the last certification.

 5. Adoption of this Ordinance and amendment to, or expansion of the boundary of the Authority and the parcels contained therein and within the TIF District, does not, shall not and will not provide for or allow or authorize receipt or expenditure of tax increments without requisite statutory and Plan compliance.

 6. If any provision of this Ordinance is judicially adjudged invalid or unenforceable, such judgment shall not affect the remaining provisions hereof, it being the intention of the City Council that the provisions hereof are severable.

Introduced on first reading this 4^th day of April, 2011, and ordered published in pamphlet form.

PASSED and ADOPTED this 18^th day of April, 2011, and ordered published in pamphlet form.

Attest:              /s/ Teresa A. Coons      

             President of the Council

/s/ Stephanie Tuin      

City Clerk

EXHIBIT A

DETERMINING THE PARCELS WITHIN AND THE BOUNDARIES OF THE GRAND JUNCTION DOWNTOWN DEVELOPMENT AUTHORITY

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