Resolution No. 94-01 (Word Version)

RESOLUTION NO. 94-01

A RESOLUTION CALLING A SPECIAL ELECTION IN THE

CITY OF GRAND JUNCTION RIMROCK MARKETPLACE

GENERAL IMPROVEMENT DISTRICT; AND PROVIDING

OTHER DETAILS RELATING THERETO

Recitals.

1. The City of Grand Junction Rimrock Marketplace General Improvement

District (the "District"), located in the City of Grand Junction, Mesa County, Colorado, is a quasimunicipal corporation duly organized and existing under the Constitution and laws of the State of Colorado.

2. The members of the City Council of the City of Grand Junction (the

"Council") have been duly elected and qualified and serve ex officio as the Board of Directors of the District (the "Board").

3. Article X, Section 20 of the Constitution ("TABOR") requires voter approval for incurring debt, the creation of any tax, and for spending certain moneys above limits

established by TABOR.

4. The interest of the District and the public interest and necessity demand

and require financing a portion of the costs of street improvements and other necessary and related appurtenant facilities.

5. TABOR requires the District to submit ballot issues (as defined in TABOR) and spending questions to the District's electors on limited election days before action can

be taken on such ballot issues and spending questions.

6. November 6, 2001, is one of the election dates at which ballot issues and

spending questions may be submitted to the District's eligible electors pursuant to TABOR.

7. It is necessary to submit to the electors of the District, at the election to be held on November 6, 2001, the question of authorizing the Board to incur debt, increase taxes and

spend the revenues thereof and the question of authorizing the Board to collect, keep and spend all revenues it receives as a voter approved revenue change under Article X, Section 20 of the Colorado Constitution.

8. It is necessary to set forth certain procedures concerning the conduct of the election.

9. The Board elects to utilize the provisions of the Municipal Election Code, Title 31 Article 10 and Section 1-7.5-101 et seq, C.R.S., in order to conduct a mail ballot

election on November 6, 2001.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF GRAND JUNCTION, COLORADO, AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CITY OF GRAND JUNCTION RIMROCK MARKETPLACE GENERAL IMPROVEMENT DISTRICT THAT:

Section 1. All action heretofore taken (consistent with the provisions of this resolution) by the District and the officers thereof, directed toward the election and the objects and

purposes herein stated is hereby ratified, approved and confirmed.

Section 2. Unless otherwise defined herein, all terms used herein shall have the

meanings defined in Title 31, Article 10, C.R.S., Title 31, Article 25, Part 6, C.R.S. and TABOR.

Section 3. Pursuant to TABOR, Title 31, Article 10, C.R.S., Title 31, Article 25,

Part 6, C.R.S., and the Section 1-7.5-101 et seq, C.R.S., the Board hereby determines to call a special election to be conducted on November 6, 2001, as a mail ballot election (the "election"). The Board hereby determines that at the election to be held on November 6, 2001, there shall be submitted to the eligible electors of the District the questions set forth in Section 4 hereof. Because the election will be a mail ballot election, the Board hereby authorizes the Secretary of the District to file a mail ballot election plan with the Secretary of State. If necessary, the officers of the District are authorized to enter into an intergovernmental agreement with the County Clerk pursuant to Section1-7-116, C.R.S. Any such intergovernmental agreement heretofore entered into in connection with the election is hereby ratified, approved and confirmed.

Section 4. The Council hereby authorizes and directs the designated election official to submit to the eligible electors of the District at the election questions in the substantially the following forms:

QUESTION NO. 201

"SHALL CITY OF GRAND JUNCTION RIMROCK MARKETPLACE GENERAL

IMPROVEMENT DISTRICT DEBT BE INCREASED $3,980,000 WITH A REPAYMENT COST OF $7,545,200 AND SHALL DISTRICT TAXES BE INCREASED $1,036,800 ANNUALLY SUBJECT TO THE FOLLOWING:

(1) THE PROCEEDS OF SUCH DEBT SHALL BE USED FOR THE PURPOSE

OF FINANCING A PORTION OF THE COSTS OF STREET IMPROVEMENTS AND ALL OTHER NECESSARY, INCIDENTAL, APPURTENANT, AND CONVENIENT FACILITIES, EQUIPMENT, LAND AND PROPERTY RIGHTS OR REFUNDING DEBT ISSUED FOR SUCH PURPOSES;

(2) SUCH TAX INCREASE SHALL BE GENERATED BY A PROPERTY TAX MILL LEVY WITHOUT LIMITATION AS TO RATE OR AMOUNT OR SPECIAL ASSESSMENTS, AS DETERMINED BY THE BOARD, THE PROCEEDS OF WHICH SHALL BE USED TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH DEBT OR ANY REFUNDING DEBT (OR TO CREATE A RESERVE FOR SUCH PAYMENT);

(3) SUCH DEBT MAY BE EVIDENCED BY BONDS, NOTES, CONTRACTS, LOAN

AGREEMENTS OR OTHER FORMS OF INDEBTEDNESS BEARING INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 8.00%;

(4) SUCH DEBT MAY BE SOLD IN ONE SERIES OR MORE, ON TERMS AND CONDITIONS AS THE BOARD OF DIRECTORS OF THE DISTRICT MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OR PREPAYMENT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF THE PREMIUM;

AND SHALL THE EARNINGS FROM THE INVESTMENT OF THE PROCEEDS OF SUCH DEBT AND TAX REVENUES BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION, AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?"

QUESTION NO. 202

"SHALL CITY OF GRAND JUNCTION RIMROCK MARKETPLACE GENERAL

IMPROVEMENT DISTRICT DEBT BE INCREASED $3,980,000 WITH A REPAYMENT COST OF $7,545,200 AND SHALL DISTRICT TAXES BE INCREASED $1,036,800 ANNUALLY SUBJECT TO THE FOLLOWING:

(1) THE PROCEEDS OF SUCH DEBT SHALL BE USED FOR THE PURPOSE OF

REFUNDING, PAYING, OR DEFEASING, IN WHOLE OR IN PART, BONDS, NOTES, CONTRACTS, LOAN AGREEMENTS OR OTHER FORMS OF INDEBTEDNESS OF THE DISTRICT;

(3) SUCH DEBT MAY BE EVIDENCED BY BONDS, NOTES, CONTRACTS, LOAN

AGREEMENTS OR OTHER FORMS OF INDEBTEDNESS BEARING INTEREST AT A MAXIMUM NET EFFECTIVE INTEREST RATE NOT TO EXCEED 8.00%;

QUESTION NO. 203

SHALL CITY OF GRAND JUNCTION RIMROCK MARKETPLACE GENERAL

IMPROVEMENT DISTRICT BE AUTHORIZED TO COLLECT, KEEP AND SPEND ALL REVENUES IT RECEIVES AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?

Section 5. The City Clerk is hereby appointed as the designated election official

of the District for purposes of performing acts required or permitted by law in connection with the election.

Section 6. Any authority to contract general obligation indebtedness or to levy ad valorem property taxes to pay such indebtedness, if conferred by the results of the election, shall be deemed and considered a continuing authority to contract the general obligation indebtedness and levy the ad valorem taxes so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred.

Section 7. The officers of the District are hereby authorized and directed to take

all action necessary or appropriate to effectuate the provisions of this resolution.

Section 8. If any section, subsection, paragraph, clause, or provision of this

resolution shall for any reason be held to be invalid or unenforceable, the invalidity or

unenforceability of such section, subsection, paragraph, clause, or provision shall in no manner affect any remaining provisions of this resolution, the intent being that the same are severable.

Section 9. All orders, resolutions, bylaws, ordinances or regulations of the City,

or parts thereof, inconsistent with this resolution are hereby repealed to the extent only of such inconsistency.

ADOPTED AND APPROVED this September 5, 2001.

/s/ Cindy Enos-Martinez

Mayor ex officio

President of the District

(SEAL)

ATTESTED:

/s/ Stephanie Nye_

City Clerk ex officio

Secretary of the District

STATE OF COLORADO )

)

COUNTY OF MESA ) SS.

)

CITY OF GRAND JUNCTION )

)

RIMROCK MARKETPLACE )

GENERAL IMPROVEMENT DISTRICT )

I, Stephanie Nye, City Clerk of the City of Grand Junction, Colorado, and ex officio

as Secretary of the City of Grand Junction Rimrock Marketplace General Improvement District (the "District") do hereby certify that:

1. The foregoing is a true and correct copy of a resolution (the "Resolution")

passed and adopted at the regular meeting of the City Council serving ex officio as the Board of Directors of the District (the "Board") on September 5, 2001. A quorum of the Board was in attendance at the meeting.

2. The members of the Board voted on passage and adoption of the Resolution

on September 5, 2001, as follows:

Those Voting Aye: Cindy Enos-Martinez

Harry Butler

Dennis Kirtland

Bill McCurry

Jim Spehar

Janet Terry

Reford Theobold

___________________

Those Voting Nay: None

Those Absent: None

Those Abstaining: None

3. The Resolution was approved and authenticated by the signature of the Mayor,

ex officio President of the Board, sealed with the City seal, attested by the City Clerk, ex officio Secretary of the Board, and recorded in the minutes of the Board.

4. Attached hereto as Exhibit A is a copy of the notice of the meeting of

September 5, 2001, which was posted at Grand Junction City Hall not less then 24 hours in advance of the meeting.

IN WITNESS WHEREOF, I have hereto set my hand and the seal of the City this

13th day of September, 2001.

/s/ Stephanie Nye

City Clerk ex officio

Secretary of the District

(SEAL)

EXHIBIT A

GRAND JUNCTION CITY COUNCIL

CITY HALL AUDITORIUM, 250 NORTH 5^TH STREET

AGENDA

WEDNESDAY, SEPTEMBER 5, 2001, 7:30 P.M.

CALL TO ORDER Pledge of Allegiance

Invocation - Jim Hale

Spirit of Life Christian Fellowship

PROCLAMATIONS / RECOGNITIONS

PROCLAMATION DECLARING SEPTEMBER 17-24, 2001 AS "CONSTITUTION WEEK" IN THE CITY OF GRAND JUNCTION

APPOINTMENTS

APPOINTMENT TO THE COMMISSION ON ARTS & CULTURE

REAPPOINTMENT TO THE FORESTRY BOARD

RATIFICATION OF REAPPOINTMENT OF URBAN TRAILS COMMITTEE MEMBERS

CITIZEN COMMENTS

* * CONSENT CALENDAR * * *

1. Minutes of Previous Meetings Attach 1

Action: Approve the Summary of the August 13, 2001 Workshop and the Minutes of the August 15, 2001 Regular Meeting

2. Intergovernmental Agreement for the Consolidated Planning Grant and Certifications for the Unified Planning Work Program Attach 2

Approve and sign Joint Resolutions with Mesa County and the City of Grand Junction accepting (1) the Intergovernmental Agreement/Consolidated Planning Grant between this MPO and CDOT; and (2) the certifications and assurances for the UPWP.

Resolution No. 88-01 – A Joint Resolution of the County of Mesa and the City of Grand Junction Concerning the Intergovernmental Agreement Between CDOT and the Grand Junction/Mesa County Metropolitan Planning Organization Regarding the FY 2002 Consolidated Planning Grant (CPG)

Resolution No. 89-01 – A Joint Resolution of the County of Mesa and the City of

Junction Concerning the Signing of the Fiscal Year 2002 Unified Planning Work Program Certifications and Assurances

*Action: Adopt Resolution No. 88-01 and Resolution No. 89-01

Staff presentation: Tim Moore, Public Works Manager

3. Use of the 1% Fund to Underground Overhead Utilities for Two Rivers Convention Center Attach 3

Undergrounding funds have been programmed for undergrounding the power lines on the Two Rivers project beginning 85’ east of S. 2^nd Street and ending at the northeast corner of 1^st Street and the alley.

Resolution No. 90-01 – A Resolution Authorizing the Use of Xcel Energy Undergrounding Funds for the Alley between 1^st Street and 2^nd Street, and between Colorado Avenue and Ute Avenue

*Action: Adopt Resolution No. 90-01

Staff presentation: Tim Moore, Public Works Manager

4. Setting a Hearing on Apportionment of Costs for Alley Improvement District 2000, Phase B Attach 4

Reconstruction of the alley running from 10^th Street to 11^th Street between Colorado Avenue and Ute Avenue has been completed as petitioned by a majority of the owners of the property to be assessed. A public hearing and second reading of the proposed ordinance will be conducted by the City Council on September 19, 2001.

Proposed Ordinance Approving the Assessable Cost of the Improvements Made in and for Alley Improvement District No. ST-00, Phase B, in the City of Grand Junction, Colorado, Pursuant to Ordinance No. 178, Adopted and Approved the 11th day of June, 1910, As Amended; Approving The Apportionment of Said Cost to Each Lot or Tract of Land or Other Real Estate in said District; Assessing the Share of Said Cost Against Each Lot or Tract of Land or Other Real Estate In Said District; Approving the Apportionment of Said Cost and Prescribing the Manner for the Collection and Payment of Said Assessment

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for September 19, 2001

Staff presentation: Rick Marcus, Real Estate Technician

5. Setting a Hearing on Apportionment of Costs for Alley Improvement District 2001, Phase A Attach 5

Reconstruction of the following alleys have been completed as petitioned by a majority of the owners of the property to be assessed:

• East/West Alley from 8^th Street to 9^th Street between Chipeta Avenue and Ouray Avenue

• East/West Alley from 9^th Street to 10^th Street between Colorado Avenue and Ute Avenue

• East/West Alley from 10^th Street to 11^th Street between Main Street and Colorado Avenue

• East/West Alley from 10^th Street to 11^th Street between Hill Avenue and Teller Avenue

• “T” shaped Alley from 18^th to 19^th and Elm Avenue to Bunting Avenue

A public hearing and second reading of the proposed ordinance will be conducted by the City Council on September 19, 2001.

Proposed Ordinance Approving the Assessable Cost of the Improvements Made in and for Alley Improvement District No. ST-01, Phase A, in the City of Grand Junction, Colorado, Pursuant to Ordinance No. 178, Adopted and Approved the 11th day of June, 1910, As Amended; Approving The Apportionment of Said Cost to Each Lot or Tract of Land or Other Real Estate in said District; Assessing the Share of Said Cost Against Each Lot or Tract of Land or Other Real Estate In Said District; Approving the Apportionment of Said Cost and Prescribing the Manner for the Collection and Payment of Said Assessment

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for September 19, 2001

Staff presentation: Rick Marcus, Real Estate Technician

6. Setting a Hearing on Apportionment of Costs for Sanitary Sewer Improvement District SS-44-00 for the Northfield Estates/ Glen Caro Subdivisions Attach 6

Sanitary sewer facilities have been installed as petitioned by the owners of 50 properties in the vicinity of North 7^th Street and G Road (Glen Caro and Northfield Estates). The proposed ordinance will levy assessments in the amount of $5,620.69 upon each parcel. A public hearing and second reading of the proposed ordinance will be conducted by the City Council on September 19, 2001.

Proposed Ordinance Approving the Assessable Cost of the Improvements Made in and for Sanitary Sewer Improvement District No. SS-44-00, in the City of Grand Junction, Colorado, Pursuant to Ordinance No. 178, Adopted and Approved the 11th day of June, 1910, As Amended; Approving The Apportionment of Said Cost to Each Lot or Tract of Land or Other Real Estate in said District; Assessing the Share of Said Cost Against Each Lot or Tract of Land or Other Real Estate In Said District; Approving the Apportionment of Said Cost and Prescribing the Manner for the Collection and Payment of Said Assessment

Action: Adopt Proposed Ordinance on First Reading and Set a Hearing for September 19, 2001

Staff presentation: Rick Marcus, Real Estate Technician

7. Vacation of Drainage and Utility Easement, Rattlesnake Court Attach 7

The petitioners are requesting a vacation of a drainage and utility easement that was created with the recording of Lots 31A and 32A, inclusive, Block 25 of The Ridges Filing No. 5 and Lots 48A through 60A, inclusive, Block 25 of the Replat of Lots 22A through 30A, The Ridges Filing No. 5.

Resolution No. 91-01 - A Resolution Vacating a Drainage and Utility Easement Located Along the Southerly Boundaries of Lots 31A and 32A, Inclusive, Block 25 of the Ridges Filing No. 5 and Lots 48A Through 60A, Inclusive, Block 25 of the Replat of Lots 22A Through 30A, The Ridges Filing No. 5

*Action: Adopt Resolution No. 91-01

Staff presentation: Pat Cecil, Development Services Supervisor

8. Vacation of a Portion of a Utility Easement, Northgate Drive Attach 8

Vacation of a 1.5-Foot portion of a dedicated 6-foot wide utility easement that was created with the recording of the Plat for the Westgate Park No. 2 subdivision on the north side of the subject property adjacent to the Grand Valley Irrigation Co. ditch that parallels Patterson Road in this location.

Resolution No. 92-01 – Vacating a 1.5 foot Portion of a 6 Foot Wide Easement Located East of Northgate Drive and South of the Grand Valley Irrigation Company Ditch

*Action: Adopt Resolution No. 92-01

Staff presentation: Pat Cecil, Development Services Supervisor

9. Grant and Co-sponsorship Agreement for Electrical Equipment Building and Runway End Lights at Walker Field Airport Attach 9

The Walker Field Airport Authority has applied for an FAA Airport Improvement Program Grant, AIP-22, to help fund the Construction of an Airfield Electrical Equipment Building and the installation of Runway End Identifier Lights system (REILs) on Runway 4/22. This is an AIP grant with FAA picking up $649,800 (90% of the total project cost of $722,000) and the Airport Authority picking up the required 10%, or $72,200, using Authority Funds.

Action: Approve the Grant and Co-sponsorship Agreement for the Equipment Building and Runway End Lights

Staff presentation: Dan Reynolds, Walker Field Airport Operations & Facilities

Manager

10. Intergovernmental Agreement with Mesa County for Participating in the November 6, 2001 Coordinated Election Attach 10

On August 24, 2001, the City Clerk finalized the inspection of the Initiative Petition for the Recreation Center, initiated by Jack Scott. The petitions had the requisite number of signatures to require a special election (1493 were required, 1602 were verified). The most cost-effective way of getting this ballot initiative to the voters is to place the matter on the general election ballot for November 6, 2001.

Action: Authorize the City Clerk as the City's Election Official to Sign the Intergovernmental Agreement with Mesa County for the Coordinated November 6, 2001 Mail Ballot Election and Certify the Ballot Title to the County Clerk

Staff presentation: Stephanie Nye, City Clerk

11. Purchase of a Sculpture for the Two Rivers Convention Center through the 1% for the Arts Program Attach 11

The Commission on Arts and Culture recommends that City Council authorize the City Manager and the Commission to enter into negotiations with sculptor Ivan Kosta to create and install his sculpture “The Song of Two Rivers” as the 1% for the Arts purchase at Two Rivers Convention Center.

Action: Authorize the City Manager and the Commission on Arts and Culture to enter into negotiations with sculptor Ivan Kosta to create and install his sculpture “The Song of Two Rivers” through the 1% for the Arts program at Two Rivers Convention Center for $36,000.

Staff presentation: Allison Sarmo, Cultural Arts Coordinator

* * * END OF CONSENT CALENDAR * * *

_________________________________________________________________

* * * ITEMS NEEDING INDIVIDUAL CONSIDERATION * * *

12. Public Hearing – Appleton Corners Veterinary Clinic Annexations No. 1, No. 2 and No. 3 Located at 797 24 Road and Including a Portion of the 24 Road Right-of-Way [File #ANX-2001-154] Attach 12

Resolution for Acceptance of Petition to Annex and second reading of the annexation ordinance for the Appleton Corners Veterinary Clinic Annexation located at 797 24 Road and including a portion of the 24 Road right-of-way. The 2.731-acre Appleton Corners Veterinary Clinic Annexation consists of one parcel of land.

A. Acceptance of Petitions

Resolution No. 93-01 - A Resolution Accepting Petitions for Annexation, Making Certain Findings and Determining that Appleton Corners Veterinary Clinic Annexations No. 1, No. 2 and No. 3. A Serial Annexation, are Eligible for Annexation Located at 797 24 Road and including a Portion of the 24 Road Right-of-way

B. Annexation Ordinances

Ordinance No. 3368 - An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Appleton Corners Veterinary Clinic Annexation No. 1, Approximately 0.004 Acres, Located in the 24 Road Right-of-Way South of 797 24 Road

Ordinance No. 3369 - An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Appleton Corners Veterinary Clinic Annexation No. 2, Approximately 0.008 Acres, Located in the 24 Road Right-of-Way South of 797 24 Road

Ordinance No. 3370 - An Ordinance Annexing Territory to the City of Grand Junction, Colorado, Appleton Corners Veterinary Clinic Annexation No. 3, Approximately 2.719 Acres, Located at 797 24 Road and Including a Portion of the 24 Road Right-of-Way

*Action: Adopt Resolution No. 93 -01 and Ordinances No. 3368, No. 3369 and

No. 3370 on Second Reading

Staff presentation: David Thornton, Principal Planner

13. Public Hearing on Zoning the Appleton Corners Veterinary Clinic Annexation No. 1, No. 2 and No. 3, Located at 797 24 Road, to RSF-R

[File #ANX-2001-154] Attach 13

The 2.731 acre Appleton Corners Veterinary Clinic Annexation area located at 797 24 Road consists of 1 parcel of land. State law requires the City to zone newly annexed areas within 90 days of the annexation. The proposed City zoning is identical to the current Mesa County zoning for this property and conforms to the Growth Plan’s Future Land Use map and recommendation for Estate, residential land uses between 2 and 5 acres per dwelling unit for this area.

Ordinance No. 3371 - An Ordinance Zoning the Appleton Corners Veterinary Clinic Annexation to Residential Single Family Rural (RSF-R), Located at 797 24 Road

*Action: Adopt Ordinance No. 3371 on Second Reading

Staff presentation: David Thornton, Principal Planner

14. Public Hearing on Transferring the City’s 2001 Private Activity Bond Allotment Attach 14

The City of Grand Junction received a Private Activity Bond allocation from the State of Colorado Department of Local Affairs for the fifth time in 2001 as a result of the City reaching a 40,000 population level in 1997. The bond authority can be issued on a tax-exempt basis for various private purposes. The City can reserve this authority for future housing benefits by ceding the authority to CHFA at this time.

Ordinance No. 3372 - An Ordinance Authorizing Assignment to the Colorado Housing and Finance Authority of a Private Activity Bond Allocation of City of Grand Junction Pursuant to the Colorado Private Activity Bond Ceiling Allocation Act

*Action: Ordinance No. 3372 on Second Reading

Staff presentation: Ron Lappi, Administrative Services Director

Dan Wilson, City Attorney

15. NON-SCHEDULED CITIZENS & VISITORS

16. OTHER BUSINESS

A. Rimrock Marketplace General Improvement District Board of Directors Meeting: City Council will convene as the Board of Directors for the Rimrock Marketplace General Improvement District created in August. Attach 15

i. Calling a Special Mail Ballot Election and Setting a Ballot Title

ii. Approving an Intergovernmental Agreement with Mesa County for Coordinating the TABOR Notice

iii. ***Approving a Mail Ballot Plan for a Special Election

17. EXECUTIVE SESSION to Discuss Personnel: Discussion of an evaluation process regarding the City Manager, the City Attorney and the Municipal Judge's positions. The evaluation will occur later. No staff will be present.

18. ADJOURNMENT