This chapter is known and may be cited as the Broomfield Improvement District Ordinance. (Ord. 1461 §1, 2000)

(A) Act means the enabling act for improvement districts in counties as set forth in part 6 of article 20 of title 30, C.R.S.

(B) Board means the city council or an independent board of directors as authorized in the Act and as hereinafter provided in section 14-08-040, B.M.C.

(C) City means the City of Broomfield, Colorado.

(D) Elector means an "elector of the district" as defined in the Act, except as otherwise provided in this chapter.

(E) Improvement district means an improvement district organized in accordance with the Act and this chapter. (Ord. 1461 §1, 2000)

Improvement districts organized to provide public improvements or services within an area of the city shall be established and administered by the city council or an independent board of directors in accordance with the provisions of the Act and shall have all powers set forth thereunder, except as otherwise specified in this chapter. (Ord. 1461 §1, 2000)

(A) If a petition initiating the organization of an improvement district to provide transportation services so specifies, there shall be an independent board of directors. The members of the independent board of directors of the district shall be appointed by a majority vote of a quorum of the members of the city council present at any regular or special meeting. In such event, the independent board of directors shall consist of an odd number of not fewer than three members initially, including the city's voting member, and may be enlarged to not more than seven members as determined by the board with the consent of the city council. Each member, except the city's voting member, shall be either an elector of the improvement district or an elector of the State of Colorado who is the designated representative of any owner of taxable real or personal property in the district.

(B) The city council shall appoint a voting member to the independent board of directors who shall represent the interests of the city and who shall serve at the pleasure of the city council.

(C) Except for the city's voting member, the term of office for members shall be four-year overlapping terms or until a successor takes office, provided that any appointment made to fill an unexpired term shall be for the balance of such term. One-half of the members of the independent board of directors shall initially be appointed for two-year terms of office, which term thereafter shall be four years. Within forty-five days after any vacancy occurs, the independent board of directors shall nominate a qualified applicant whose name shall be submitted to the city council for appointment to the independent board of directors. Any member of the independent board of directors may be removed from office by the city council pursuant to the provisions of section 11.2 of the Charter.

(D) A majority of the members shall constitute a quorum of the independent board of directors. The independent board of directors shall elect one of its members as presiding officer, one of its members as secretary, and one of its members as treasurer. The office of both secretary and treasurer may be filled by one person. The independent board of directors shall adopt bylaws and conduct its meetings in accordance therewith or according to Robert's Rules of Order Newly Revised. All meetings of the independent board of directors are subject to the provisions of Part 4 of the Colorado Sunshine Act of 1972, as amended. The public records of the independent board of directors are subject to part 2 of article 72 of title 24, C.R.S., as amended. (Ord. 1461 §1, 2000; Ord. 1815 §1, 2005)

(A) In accordance with the provisions of the Act, the board may impose a sales tax throughout the improvement district for the purpose of funding transportation services or improvements, except that (1) such tax may be levied only upon those transactions specified in chapter 3-04 and (2) shall be subject to any limitation set forth in this section.

(B) In no event shall the sales tax authorized in this chapter exceed two-tenths of one percent.

(C) Any proposal for such sales tax shall be submitted to the electors of the improvement district at the next city general election or a special election held on the first Tuesday after the first Monday of November in any year. The election shall be conducted by the city clerk in accordance with the provisions of articles 1 to 13 of title 1, C.R.S., or article 10 of title 31, C.R.S., as determined by the board, and section 20 of Article X of the Colorado Constitution.

(D) No improvement district shall levy a sales tax under the provisions of this section unless the city council has previously approved an operating plan and budget for the district prepared by the board. The operating plan and budget shall specifically identify the services or improvements to be provided by the district; the taxes, fees, or assessments to be imposed by the district; the estimated principal amount of bonds to be issued by the district, and such additional information as the city may require. The improvement district shall file its operating plan and budget for the next fiscal year with the city clerk no later than September 30 of each year. The city may require the improvement district to supplement the operating plan and budget when necessary. The city council shall approve or disapprove the operating plan and budget within thirty days after receipt of such operating plan and budget but not later than December 5 of the year in which such documents are filed. Thereafter, the services, improvements, and financial arrangements of the improvement district shall conform so far as practicable to the operating plan and budget. The operating plan and budget may, from time to time, be amended by the board with the approval of the city council in substantially the same manner as the process for formulating the operating plan and budget for each year. (Ord. 1461 §1, 2000)

An improvement district organized to provide transportation services or improvements may enter into intergovernmental contracts with the city or other governmental entities to implement its powers in accordance with statutory authority. (Ord. 1461 §1, 2000)

(A) The owner of any real property that is located within the city may submit to the board a verified petition for the inclusion of the property therein described into the improvement district. If such property will be included into an improvement district organized to provide transportation services or improvements, such property shall be zoned for commercial uses. The board shall hear such petition at a public meeting. If the inclusion of such property is determined to be in the best interests of the improvement district, the board may, by resolution, approve the inclusion of such property into the improvement district. Otherwise, the board shall deny such inclusion. If the improvement district is administered by an independent board of directors pursuant to section 14-08-040, the inclusion of such property into the improvement district shall also be approved by resolution of the city council adopted at a public meeting.

(B) The board and the owner of such property may enter into an inclusion agreement with respect to taxes, charges, assessments, terms and conditions upon which such property will be included into the improvement district. Any inclusion agreement shall be attached to and incorporated into the board's resolution of approval.

(C) Nothing in this section shall authorize the inclusion into the improvement district of any property which could not have been included in the improvement district at the time of its organization.

(D) The inclusion of property into an improvement district shall be effective as of the date of filing of the board's resolution of approval with the city clerk. The change of boundaries of an improvement district shall not impair or affect its organization, nor
shall it affect, impair or discharge any contract, obligation, lien or charge for which it is liable if such change of boundaries is not approved.

(E) After the date of its inclusion into an improvement district, such property shall be subject to all taxes, charges, and assessments imposed by the improvement district. (Ord. 1722 §1, 2003)