ORDINANCE NO. 2914
ORDINANCE CONSIDERING A SUBSTANTIAL MODIFICATION OF AN APPROVED PLAN OF DEVELOPMENT BY EXPANDING THE BOUNDARIES OF THE GRAND
JUNCTION, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND TAX INCREMENT FINANCING DISTRICT
RECITALS.
The Grand Junction, Colorado, Downtown Development Authority ("Authority" or "DDA") has adopted a Plan of Development establishing the boundaries of the Authority. The Plan and boundaries of the DDA were initially approved by the Grand Junction City Council on December 16, 1981.
Since that time, several individual property owners, pursuant to section 31-25-822 C.R.S. 12A and Article X of the Authority's Plan of Development have petitioned for inclusion within the boundaries of the Authority. The Board of the Authority has determined that the boundary of the DDA should be co-terminus with the boundary of the Tax Increment Financing ("TIF") District, requiring expansion of the tax increment finance district boundary.
The Board of the Authority has reviewed and approved current petitions for the inclusion of certain properties with the Authority's boundary and requests the Council's approval to expand the Authority's boundary to include the properties that have petitioned for inclusion and to expand the Authority to receive a portion or increment of ad valorem and sales taxes collected within the expanded Plan of Development Area in accordance with state law, the Plan of Development and other applicable law, rules or regulations.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:
Section 1. Findings. The City Council finds that (a) blight exists within the boundary of the Authority within the meaning of 31-25-802(1.5) C.R.S. and that the approval of the expansion of the boundaries for the DDA and the Plan of Development, as shown on the attached exhibit "DDA Plan of Development Boundary 1996", will serve a public purpose and use; (b) that the health, safety, prosperity, security and general welfare of the inhabitants of the City and its central business district will be served; (c) that deterioration of property values and/or structures will be halted, prevented or diminished; (d) this Ordinance will assist the City and the authority in the development and re-development of the property within the Authority boundary and in the overall planning to restore or provide for the continuance of economic health; and (e) this Ordinance will be a specific benefit to the property to be included within the boundary of the DDA and the Tax Increment Financing District.
Section 2. Approval. Amendment of "The Plan of Development Area" for the expansion of the Authority's boundary, as shown in the attached exhibit, is approved by the City Council and is thereby incorporated into the Plan of Development Area for TIF purposes. The Authority is therefore authorized to undertake development projects as described in the Plan and to act consistently with Article X of the Plan including, but not necessarily limited, to receiving and expending for development and re-development efforts a portion or increment of ad valorem and sales taxes generated in the area in accordance with 31-25-801 et. seq. C.R.S.
Section 3. Certification. The City Council hereby requests that the County Assessor certify the valuation for the assessment of the property included by this Ordinance within the DDA boundary and the TIF district as of the date of the last certification. The City Director of Finance is hereby directed to certify the sales tax receipts for the properties included in and described by the attached exhibit for the twelve (12) months prior to inclusion.
Section 4. Effect. Adoption of this Ordinance and amendment to, or expansion of the boundary of the DDA and 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.
Section 5. Judicial Invalidity. 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 THIS 17TH DAY OF APRIL, 1996.
PASSED AND ADOPTED THIS 1ST DAY OF MAY, 1996.
ATTEST:
/s/ Linda Afman
President of City Council
/s/ Stephanie Nye
City Clerk
EXHIBIT 1
Expanding the boundaries of the Grand Junction Downtown Development Authority
The boundaries of the Authority shall be expanded to include the following properties into the Plan of Development area within which tax increment financing is used. All properties in the Assessor’s TAC 10109 within the Authority’s boundaries, but not within the DDA TIF TAC 10108 will be included and any additional new inclusions.
Assessor TAC 10109 properties to be included in DDA/TIF, TAC 10108:
TAX Parcel # LEGAL DESCRIPTION
2945-231-01-001 Block 1, Lots 1-14, Milldale Sub.
2945-231-01-002
2945-231-01-003
2945-231-01-025 Block 5, Lot 1, Milldale Sub.
2945-231-02-023 BEG A PT ON N LI 3RD AV 15FT E OF SE COR LOT 10 BLK 11 MILLDALE SUB N ALG A LI 15FT & PARA TO W LI S 8TH ST 149.1 FT TO A LI BET SE COR LOT 4 BLK 11 & E LI S 8TH ST N ALG E LI & PROJECTION 292FT TO A PT 16FT NWLV RT ANG FR N RAIL OF RR SPUR & AS DESC IN B-1203 P-150 ETC THEN BACK TO BEG E 404.8FT & ALSO BEG INTERS OF E LI 7RH ST WI S LI RR ROW S 96FT TO LOADING TRACK E 132.8FT NELY ON A CVE LEFT A CH OF 215.6FT N 52DEG30’ E 47FT N 52DEG30’ E 285FT TO RR ROW SWLY ALG RR ROW TO BEG SEC 23 1S 1W & BEG INTER OF ORIG E LI 7TH ST WI S LI RR ROW S 73DEG02’ 2 15.62FT TO PT ON LI 15FT W OF ORIG E LI 7TH ST S 91.65 FT N 89DEG12’E 15FT N 96FT TO BEG EXC THAT PT TAKEN INTO DDA BOUNDARY PER CITY ORD 2400 B-1712 P-49 & ALSO EXC RD ROW ON N
2945-142-36-013 Block 56, Lot 21 & E 1/2 of Lot 22
2945-142-37-003 Block 77, Lots 5-10
2945-142-37-004
2945-142-37-005
2945-142-37-006
2945-143-02-979 Block 79, Lots 19,20, 23-26
2945-143-02-010
2945-143-02-011
2945-143-02-978 Block 98, Lots 12-16
2945-143-02-014
2945-143-11-951
2945-143-11-007
2945-143-06-001 Block 83, Lots 1,2
2945-143-41-004 Block 149 Lots 28-30, plus W portion Lot 27 to RR spur
2945-143-47-002 Lot 2, D & RGW RR Sub Filing 5 Sec 14, 1S 1W
2945-143-48-001 Lot 1, Filing 7, D & RGW RR Minor Sub Sec 14, 1S 1W
2945-143-32-007 Block 139, Lots 29-32
2945-143-36-941 Block 143, Lots 13-17
2945-143-40-008 Block 148, Lots 13-16, 24-32
2945-143-40-010
2945-143-40-011
2945-143-40-939
2945-143-40-938
2945-143-43-941 Block 161, Lots 1-14, Sec 14, 1S 1W & SLY 5.27FT OF S AVE ADJ N LI OF LOTS 1-14 INC SD BLK 161 & BEG 150FT E OF SW COR SD LOT 1 SLY AT R ANG TO S LI SD BLK 161.20FT ELY 251.06FT TO W LI OF 6TH ST N 20FT W 251.03FT TO POB EXC BEG SW COR LOT 1 SD BLK 161 N 92FT SELY 92.4FT TO APT ON S LI SD LOT 1 W 9.1FT TO BEG
2945-143-44-007 Block 162, Lots 15, 16
2945-143-47-001 Lot 1 D & RGW RR Sub 5
TAX PARCEL # LEGAL DESCRIPTION
2945-144-04-006 Block 85, Lots11-14
2945-144-04-015
2945-144-21-012 Block 114, Lots 1-16, 23-28
2945-144-21-013
2945-144-21-014
2945-144-21-941
2945-144-17-005 Block 106, Lots 11,12, 20-25, 3ft of Lot 26
2945-144-17-931
2945-144-16-019 Block 107, Lots 17-32
2945-231-00-001 BEG N4 COR SEC 23 1S 1W ALG W LI OF NE4 53.3FT E 132FT N 53.3FT W 132FT TO BEG
2945-231-00-026 BEG 200FT N OF SW COR NW4NE4 SEC 23 1S 1W E 132FT N 50FT W 132FT S 50FT TO BEG & W 11.5FT STRIP OF S 7TH ST ROW ADJ SD PARCEL
2945-231-00-027 BEG 175FT N OF SW COR NW4NE4 SEC 23 1S 1W E 132FT N 25FT W 132FT S 25FT TO BEG & W 11.5FT STRIP OF S 7TH ST ROW ADJ SD PARCEL ON E
2945-231-00-036 BEG 307FT N OF SW COR NW4NE4 SEC 23 1S 1W E 132 FT N 98FT W 132FT S TO BEG & W 11.5FT STRIP OF S 7TH ST ROW ADJ SD PARCEL ON E AS DESC IN B- 1685 P-222 & B-1687 P-163, ALSO THAT PT GEB 400FT N OF SW COR NW4NE4 SD SEC 23 N 4FT S 89DEG42’ F 140FT S FT N 89DEG42’ W 140FT TO BEG
2945-231-00-037 BEG 400FT N OF SW COR NW4 NE4 SEC 23 1S 1W E 140FT N 295FT TO RR S 73DEG30’ W 145FT 259.8FT TO BEG EXC THAT PT BEG 400FT N OF SW COR NW4 NE4 SD SEC 23 N 4.0FT S 89DEG42’ E 140FT S 4.0FT N 89DEG42’ W 140FT TO BEG
2945-231-00-046 BEG S ODEG27’ E 96FT OF S ROW LINE RR ON ORIG E LI OF SOUTH 7TH ST SEC 23 1S 1W N 89DEG12’ E 131.94FT ALG ARC OF CVE TO LEFT CH BEARS N 70DEG53’ E 213.35FT N 52DEG34’ E 349.89FT TO S LI OF RR ROW S 73DEG02’ W 636.6FT TO ORIG E BNDRY S 7TH ST S ODEG27’ E 96FT TO BEG
2945-151-00-107 BEG 489FT N & 50FT W OF SE COR NE4 SEC 15 1S 1W N 09DEG36’E 121.7FT W TO STATE HWY SELY ALG HWY TO A PT W OF BEG E TO BEG
2945-154-03-937 S 50’ OF LOTS 12-16 INC BLK 4 MOBLEY SUB SEC 15 1S 1W
2945-154-03-939 N 25’ OF S 75’ OF LOTS 12-16 INC BLK 4 MOBLEY SUB SEC 15 1S 1W
2945-154-06-931 BEG W 535FT & S 666.1FT FR NE COR SE4 SEC 15 1S 1W N 89DEG58’ W 63.7FT S ODEG01’ E 125FT S 89DEG58’ E 63.7FT N 0DEG01’ W 80FT TO POB EXC ROW FOR RICE ST ACROSS W BNDRY B-453 P-84 & THAT PT OF ADJ STREET(S) AS VACATED IN ORD 2808 B-2128 P-509/510
2945-154-06-932 LOTS 1-6 INC & E 24.70FT OF LOT 7 BLK 5 MOBLEY’S FIRST SUB SEC 15 1S 1W & THAT PT OF ADJ STREET(S) AS VACATED IN ORD 2808 B-2128 P-509/510
2945-154-06-933 PT OF LOT 9 BLK 5 MOBLEY’S 1ST SUB LYG S OF A LI BEG AT A PT ON E 1 SD LOT 9 S 181.27FT & N 89DEG58’ W 20 FT FROM CITY MONUMENT AT SPRUCE & ROOD STS N 89DEG28’ W 174.7FT TO A PT ON W LI SD LOT 9 & THAT PT OF ADJ STREET(S) AS VACATED IN ORD 2808 P-2128 P-509-510
2945-154-06-936 BEG 753.6FT S & 410FT W OF NE COR SE4 SEC 15 1S 1W W 125FT S 37.5FT E 125FT N TO BEG BEING A PT OF BLK 5 MOBLEY SUB
2945-154-06-937 PT OF LOT 9 BLK 5 MOBLEY SUB BEG 666.1FT S & 410FT W OF NE COR SE4 SEC 15 1S 1W S 50FT FOR BEG W 125FT S 30 FT E 125FT N TO BEG
2945-154-06-938 BEG NE COR LOT 9 BLK 5 RICHARD MOBLEY’S 1ST SUB SEC 15 1S 1W 125FT S 50FT E 125FT N 50FT TO BEG & THAT PT OF ADJ STREET(S) AS VACATED IN ORD 2808 B-2128 P-509/510
2945-154-06-939 BEG S 0DEG01’ E 125FT & N 89DEG58’ W 20FT FR CITY MONUMENT AT SPRUCE & ROOD STS 89DEG58’ W 188.7FT S 0DEG01’ W 56.27 TO BEG & THAT PT OF ADJ STREET(S) AS VACATED IN ORD 2808 B-2128 P-509/510
TAX PARCEL # LEGAL DESCRIPTION
Western Colorado Plumbing & Heating
2945-144-02-006 Block 115, Lots 18 & 19
Public Service Company Substation
2945-232-07-073 69KV DISTR SUB; UTE, R1W, T1S, S 23, NE4NW4, VACAT S ST, BLK 161, LT2-13
Sterling Properties
2945-232-02-026 Block 1, Lot 20, South 5th Street-600 Noland Ave.
2945-232-02-027 Block 1, Lot 22, South 5th Street - 645 4th Ave.
2945-232-02-028 Block 1, Lot 23, South 5th Street - 645 4th Ave.
2945-232-02-029 Block 1, Lot 24, South 5th Street - 645 4th Ave.
2945-232-02-015 Block 1, Lot 21, South 5th Street - 645 4th Ave.
2945-231-14-001 Block 1, Lots 1 & 2, Benton Canyon - 7th Street
2945-231-14-002 Block 1, Lots 3 - 7, Benton Canyon - 7th Street
2945-231-14-003 Block 1, Lots 8 - 10, Benton Canyon - 7th Street
City of Grand Junction
2945-232-02-948 Block 1, Lot 13
2945-232-02-945 Block 1, Lots 14 and 19
2945-232-03-020 Block 2, Lots 13 & 14
2945-232-03-945 Block 2, Lots 6 & 7
2945-232-03-948 & 022 Block 2, Lots 9 & 11
2945-232-03-941 Block 2, Lot 1
2945-232-03-949 Block 2, Lot 2
2945-232-03-019 Block 2, Lot 3
2945-232-03-011 Block 2, Lot 4
Property leased to Botanical Society south of Struthers Avenue, north and south of the Colorado River Trail as hereafter constructed, between approximately 8th Street on the east and 5th Street on the west, in the City of Grand Junction, County of Mesa, State of Colorado, consisting of 12.6 acres, more or less, described with particularly as follows:
Commencing at the S 1/4 corner of Section 23, Township 1 South, Range 1 West, Ute Meridian, thence South 89º 37’ 00” East 270.0 feet; thence South 00º 23’ 00” West 170.00 feet; thence North 89º 37’ 00” East 68.00 feet; thence North 00º 23’ 00” East 170.00; thence South 89º 37’ 00” East 87.00 feet; thence South 02º 11’ 00” East 317.00 feet; thence South 02º 32’ 00” East 186.00 feet; thence South 15º 17’ 21” East 102.12 feet; thence North 88º 51’ 04” West 85.13 feet; thence North 79º 32’ 00” West 213.74 feet; thence North 67º 47’ 04” West 194.68 feet; thence South 89º 40’ 42” West 150.01 feet; thence North 79º 44’ 01” West 176.23 feet; thence North 77º 12’ 33” West 102.39 feet; thence North 71º 52’ 17” West 105.00 feet; thence North 73º 00’ 00” West 290.24 feet; thence South 89º 37’ 00” East 88.12 feet; thence North 00º 23’ 00” East 325.00 feet; thence South 89º 37’ 00” East 563.62; thence South 89º 37’ 00” East 78.00 feet; thence South 00º 23’ 00” West 190.00 feet; thence South 89º 37’ 00” East 72.00 feet; thence North 00º 23’ 00” East 190.00 feet to the point of beginning, Mesa County, Colorado.