Sec. 122-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved development plan means a framework development plan or other process established by the city for identifying, among other things, public improvements necessary for facilitating development for property within a title 32 district service area as approved by the city pursuant to the code and as amended pursuant to the code from time to time.
Approved service plan means any title 32 district service plan or amended service plan that has been approved by resolution of the city council in accordance with the provisions of this article.
ARI (Aurora Regional Improvement) authority means one or more authorities established by an ARI authority establishment agreement.
ARI establishment agreement means an intergovernmental agreement establishing an ARI authority that has, at a minimum, title 32 districts from three or more approved development plan areas as parties to the agreement.
ARI master plan means one or more master plans adopted by an ARI authority establishing regional improvements that will benefit the taxpayers and service users of the title 32 districts that constitute such ARI authority, which master plan will change from time to time.
ARI mill levy means the following:
(1) For title 32 districts with property within their boundaries that is developed with any residential uses, the mill levy imposed for payment of the costs of the planning, design, permitting, construction, acquisition, and financing of the improvements described in an ARI master plan, which:
a. Shall be one mill for collection beginning for each title 32 district in the first year of collection of a debt service mill levy by such district and continuing in each year thereafter through the 20th year; and
b. Shall be five mills from the 21st year through the 40th year or the date of repayment of the debt incurred for public improvements, other than regional improvements, whichever first occurs; and
c. For an additional ten years, shall be an amount equal to the average debt service mill levy imposed by such district in the ten years prior to the date of repayment of the debt incurred for public improvements other than regional improvements; and
(2) For title 32 districts with property within their boundaries that is developed solely for commercial uses, the mill levy imposed for payment of the costs of the planning, design, permitting, construction, acquisition, and financing of the improvements described in an ARI master plan, which:
a. Shall be one mill for collection beginning for each title 32 district in the first year of collection of a debt service mill levy by such district and continuing in each year thereafter through the 20th year;
b. Shall be 1.5 mills from the 21st year through the date of repayment of debt incurred for public improvements, other than regional improvements; and
c. For five years thereafter, shall be the lesser of 20 mills or an amount equal to the average debt service mill levy imposed by such district in the ten years prior to the date of repayment of debt issued for public improvements other than regional improvements; and
(3) Any title 32 district may, pursuant to any intergovernmental agreement with the City, extend the term for application of the ARI mill levy beyond the years set forth in subsections (1) and (2) above. The maximum mill levy imposition term shall include the terms set forth in subsections (1) and (2) above and any extension of the term as approved in an intergovernmental agreement as described herein.
(4) All mills described in this definition shall be subject to adjustment as follows: on or after January 1, 2004, if there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; any such mill levy may be increased or decreased to reflect such changes, such increases or decreases to be determined by the title 32 district board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2004, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation.
Department means the development assistance division of the city manager's office.
Model service plan means the City's model title 32 district service plan as approved by the city manager in accordance with the provisions of section 122-30(a).
Petitioner means any person proposing the organization of a title 32 district.
Proposed service plan means any title 32 district service plan or amended service plan filed with the department that (i) has not yet been approved or disapproved by resolution of the city council, or (ii) has been conditionally approved by resolution of the city council subject to the inclusion of such amendments or additional information as stated therein.
Title 32 district means a quasi-municipal corporation and political subdivision proposed, organized, or acting pursuant to the provisions of this article, and the Colorado Special District Act (C.R.S. § 32-1-101 et seq.). (Code 1979, § 36.5-2; Ord. No. 2005-65, § 1, 9-12-2005; Ord. No. 2004-41, § 1, 7-12-2004; Ord. No. 2000-55, § 1, 6-26-2000)
Cross reference: Definitions generally, § 1-2.