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HomeMy WebLinkAbout25-76 Establishing the Number of Members and Appointing the Members of the Downtown Development Authority Board 07-09-2025RESOLUTION NO. 25-76 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ESTABLISHING THE NUMBER OF MEMBERS AND APPOINTING THE MEMBERS OF THE FIRESTONE DOWNTOWN DEVELOPMENT AUTHORITY BOARD WHEREAS, pursuant to C.R.S. § 31-25-801 et seq. (the "DDA Act"), the Town Board of Trustees (the "Town Board") of the Town of Firestone, Colorado (the "Town") adopted Ordinance No. 1062, determining it necessary to establish a downtown development authority, establishing the boundaries of the proposed downtown development authority, and calling for a special election on July 1, 2025, to submit to the qualified electors the question concerning the establishment of a downtown development authority to provide for the development and redevelopment of the Town's downtown; and WHEREAS, a majority of the qualifie'i- electors, as defined in the DDA Act, of the downtown development authority proposed area approved the ballot question creating the Firestone Downtown Development Authority (the "DDA") on July 1, 2025; and WHEREAS, the DDA Act at Section 31-25-805(1), C.R.S., requires that the affairs of the DDA be under the supervision and control of a board (the "DDA Board") consisting of not less than five nor more than eleven members appointed by the Town Board and a majority of the members of the DDA Board appointed shall reside or own property in the DDA; and WHEREAS, the DDA Act at Section 31-25-805(2)(a), C.R.S., requires that at least one member of the Town Board be appointed to the DDA Board; and WHEREAS, the DDA Act at Section 31-25-806(1), C.R.S., requires that each appointed member of the DDA Board, except any member from the Town Board, shall reside, be a business lessee, or own real property in the DDA; and WHEREAS, the Town Board desires to adopt this Resolution to appoint the members of the DDA Board, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to the DDA Act at Section 31-25-805(1), C.R.S., the DDA Board shall consist of five (5) members appointed by Town Board, including at least (1) Town. Board member and at least four (4) members meeting the qualifications set forth in the DDA Act at Section 31-25-806, C.R.S. Section 2. Pursuant to the DDA Act at Section 31-25-805(2)(a), C.R.S., the following persons, who are all Town Board members and all real property owners within the DDA, are hereby appointed as members of the DDA Board: Don Conyac, Jr., Frank A. Jimenez, Raymond Byrd, Sean Doherty and Lorna Morton. Section 3. As members of the Town Board, the appointees shall serve at the pleasure of the Town Board. The terms of any members appointed to the Board who are not members of the Town Board shall expire four years from the expiration date of the terms of their predecessors. No person having served two complete consecutive terms shall be appointed by the Town Board unless, upon appointment, at least four years have passed since that person"s previous term. An individual completing the partial term of a member who has left the DDA shall be eligible for appointment to another four-year term. A member of the DDA may serve one partial term and two full four-year terms with total service not to exceed ten years. DDA Board members shall hold office 34166216.7 until their successor has been appointed and qualified by the Mayor and confirmed by a majority of the Town Board. Section 4. The term "business" shall include a for profit business or a nonprofit business. A manager, as defined in Section 7-90-1 02, C',.I . ., an aent, or an employee of an entity, as defined in Section 7-90-l02, C.R.., having its place of business within the boundaries of the DDA shall be eligible for appointment to the Board. No officer or employee of the "T'o gin, except the members from the Town Board, shall be eligible for appointment to the I)DA; Board. Section 5. l)DA Board members shall serve without compensation, but they may be reimbursed for actual and necessary expenses. Section 6. The DDA Board shall adopt and promulgate rules go 7erning its procedures, including election of officers, and these rules shall be filed in the office of the Clerk. The DI)A Board shall hold regular meetings in the manner provided in the rules of the DDA Board. Special meetings may be held when called in the manner- provided in the rules of the Board. Notice of meetings of the DDA Board shall be in accordance with the Colorado Open Meetings Law. All meetings of the DDA Board shall be open to the public except as allowed under the Colorado Open Meetings Law. Section 7. Indemnifications. "TThe DDA shall, to the extent permitted and within the limitations of the Colorado Governmental Immunity Act indemnify and defend each director, officer, and; employee of the DDA, in connection ith any claim or actual or threatened suit, action, or proceeding in which he or she may be involved in his or her official capacity by reason of his or her being or having been such director, officer, or employee, or by reason of any action or omission by him or her in any such capacity. PASSED AND ADOPTED this day of , 2025. TOWN OF FIRESTONE Al l'Lf'f Mr osLEna,C'McTlown Clerk APPROVED AS TO FORM: Mars all Keith ii, Town Attorney 34166216.7 2