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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/16/2010 - SECOND READING OF ORDINANCE NO. 022, 2010, EXPANDI DATE: March 16, 2010 AGENDA ITEM SUMMARY STAFF: Anne Aspen FORT COLLINSCOUNCIL Second Reading of Ordinance No. 022,2010, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 2, 2010, expands the boundaries of the Downtown Development Authority(DDA)and amends the Plan of Development of the Authority to include properties in the 600 block of South Mason and 200 block of West Myrtle. The properties include the Avogadro's Number restaurant and site; the small shopping center at the southeast corner of Mulberry and Mason Streets which currently contains the Larimer County Democratic headquarters, a salon and a smoothie bar; and 2 rental residences. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- March 2, 2010 (w/o attachments) ATTACHMENT 1 DATE: March 2, 2010 AGENDA ITEM SLI ARY STAFF: Anne Aspen FORT COLLINS • NCIL First Reading of Ordinance No. 022, 2010, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. EXECUTIVE SUMMARY r----� T_\ /7 \\/% This item is a request to expand the boundaries of,the Downtown:Development4Authority(DDA)and to amend the Plan of Development of the Authority to include propert�gs inn he 600 block of South Mason and 200 block of West Myrtle. The properties include the Avogadro's Number restaurant andisite;the small shopping center at the southeast corner of Mulberry and Mason Streets which currently contains the Larimer County Democratic headquarters, a salon and a smoothie bar; and 2 rental residences. BACKGROUND / DISCUSSION Currently, the DDA boundary bisects the block bounded by College Avenue, Laurel, Mason and Myrtle Streets. Only the east half of the block is in the DDA boundary. The west half of the main north-south alley and the two side alley rights-of-way that connect it to Mason�Street\are outside the boundary. This alley is slated for enhancement as a part i., �a i i of this year's priority alleys in the Downtown AlleyfEnhancement protect. DDA investment in this block cannot occur until inclusion of the remaining alley rights-of-wa§..�/}� The segments of rights-of-way adjac\Yt� entry areas,Ihoon the ma Attachment 1 on Myrtle, Mason and 9 9 Y J Y ry' P( ) Y Laurel are included in this request to allow full implementation of alley entry features which extend out from the alley and bulb out into the sidewalk area to invite visitors in, much as was done with Tenney Court. While the alley improvements will inhabitjust a small fraction of these segments of rights-of-way,they conform to the routine practice for defining the legal description of an inclusion which includes the full width of the abutting property and out to the center of the street right-of-way. Two property owners have been waiting in the wings to petition into the DDA until the alley boundary inclusion was brought before Council. The DDA has received formal petitions from both owners seeking inclusion. All of these requests have been bundled in order-to save time and the resou rces of staff, legal counsel, and City Council. Petitioners M.H. Mall, Inc. (Avogadro s Number) Owe netcontact Rob Osborne 605 South Mason Street(parcel also includes street addresses 605, 607, 609 South Mason and 207 West Myrtle) HBC Mason, LLC, Owner Contact: Rick Reider 600 South Mason Street(parcel also includes street addresses 604,606,608,614 South Mason),616 South Mason(parcel includes street addresses 616 and 615%South Mason)and 622 South Mason(parcel includes street addresses 622 and 622 %South Mason) And the following rights-of-way: (� West half of main north-south�lleyr igh\of-way. Two east-west alley rights-of, connect north-south alley-with Mason Street Segments of rights-of-way adjacent to alley entry areas on Myrtle, Mason and Laurel Portion of Mason Street right-of-way sufficient to make contiguity March 2, 2010 -2- ITEM 17 The properties include the Avogadro's Number restaurant and site;the small shopping center at the southeast corner of Mulberry and Mason Streets which currently contains the Larimer County Democratic headquarters, a salon and a smoothie bar, and 2 rental residences. These petitions are a voluntary request by the land owners, and are authorized under Section 31-25-822 of the Colorado Revised Statutes, as amended. The criteria for inclusion of additional property into the DDA boundary area pursuant to Section 31-25-822 have been reviewed by DDA legal counsel, adjacency to the existing DDA boundary, and evidence of ownership of the property has been documented. Inclusion of these properties is supported by the DDA policy for future inclusions. In October 2009,at the DDA annual Board retreat, the Board discussed its ,,long\erm po licyfor the DDA boundary,-7 The Board established that the DDA boundary should stay north of the CSUIicampus boundaries but that petitions for inclusion in the areas north of campus and east of the traditionally residential areas sho f Id be welcome�Thoughdhe areas east of Howes are predominantly residential now, they are zoned to allow mi�d=use and high 1 density infillland redevelopment. The DDA expects to see increased development activity here:m-the near_future, especially with Mason Corridor development. This inclusion of property resulting in a boundary line adjustment will effectively amend the DDA's Plan of Development. The DDA Board of Directors took action on February 11, 2010 and recommended the Council amend the Plan of Development boundary area. There are public benefits associated with the proposed inclusion of properties in the Laurel/Myrtle/Mason/College Area, as described below: 1. The Alley Cat Alley, as it is casually known but is as yet officially unnamed, is the southern terminus of the master planned enhanced alley,netwok that,—runs trorFCSU,to tffe RiveyDistrict through the historic downtown core. This alley will serve as both a gateway for,Jv�slLors to�and;from the University and also a connector between the future Mason Corridor and[the co icial=College�;Corridor. The lack of on-street parking surrounding this block has focussee`ddbusinesss�actvitiu organically, orient inward toward the alley. 2. The area is poised to see substantial infill and redevelopment with the Mason Corridor project coming online in the near future. The DDA can provide the kinds of developments which may happen here with access to tax increment funds to make improvements which enhance the Mason Corridor and therefore downtown generally. This area is adjacent to the historic downtown core, it supports the downtown with complementary businesses and connects the University to the downtown. 3. Avo's Restaurant is a well-known and well-loved music venue in the community. It contains an indoor stage area that seats 100 and an outdoor stage area that seats 350. If the property is brought into the DDA boundary, Beet Street will be able to ostevents Cher - The tage area,c�apacities,coupled with full restaurant and bar services,will give Beet-Street access'to a venue unlike,any other in downtown Fort Collins and allow it to provide programming to the community to fulfill its mission. U FINANCIAL IMPACT The petitions are a voluntary request by the Petitioners, and they each understand that upon inclusion into the DDA boundary, the Petitioner's property will be subject to an increase of 5 mills to the current area rate of 86.53,for a total of 91.53 mills. The annual net fiscal impact to the DDA is positive and will result in approximately$1687.00 in new operating revenue from the 5 mill levy. There is no fiscal impact, negative or positive, to the City resulting from the specific action to include these properties or alley rights-of-way in tthh,ee-DDA bounMni da Tax increment revenues will not be gene' rated uhles� s and/or ul "provements are made to the properties. March 2, 2010 -3- ITEM 17 SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS There is no direct impact on sustainability by the proposed boundary inclusion. However, the boundary inclusion is necessary for DDA investment in the alley enhancement project. The alley project has some direct impacts on sustainability and some indirect impacts. A new storm drainage system is proposed for the alley enhancement in this block. The preliminary design includes some infiltration into rain gardens for water quality, planted beds and pots, and additional trees to be planted along the alley. These elements will positively impact water quality,solar gain and reduce heat island effect to some degree. The alley will support the Mason Corridor by connecting itwith enhanced walkways to the commercial College corridor. Other"sustainability-forward" design details include-LED tivolri-lights, solar LED light features and drip irrigation for planting beds and pots. These design features%will reduce power and`water usage in the alleys. While the overall water and power usage on this project is not substantial,)lhese.elements will also serve as a highly visible model of how sustainable design can be achieve` i/�publicc space". One of the stated goals of the alley enhancement project is to stimulate economic vitality in the area. The pilot alley projects, Tenney and Trimble Courts, both had a direct and substantial positive fiscal impact on the surrounding businesses. These enhancements also have a proven track record of stimulating adjacent private investments that connect with the alley. Although the alleys will be multi-modal, including trash trucks and deliveries, another goal of the alley enhancement project is to create aesthetically pleasing areas in the interiors of downtown blocks where people can walk,bike,gather and visit. When all of the alleys are completed, they will create a network of enhanced alleys which connect the University with the River District, through Old Town Square. The alley enhancement project is an/implementa�ion of City Plan and Downtown Strategic Plan policies. While this boundary inclusion request does not have any impacts /ttoo sustainability, Iapproval of this project will allow for DDA investment in a project that does. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION ��� Yam'\ �1 f/ The Downtown Development Authority Board of Directors voted unanimously to recommend City Council inclusion 'Property I I „ �Ji AY,t . of the properties, as requested by the property7ow`ners("Petitioners"), located m the Mason/Mulberry Street Area into the DDA boundary area at its regular�rn�ting on February 1 , 2010. PUBLIC OUTREACH While no outreach was required or conducted for this item specifically,extensive outreach has been made forthe alley enhancement project. Courtesy presentations have been made to multiple boards,commissions and City staff groups. Several open houses and individual meetings have been held and are ongoing with property and business owners in this block in association with the related alley enhancement project. ATTACHMENTS Fr—_-'\ /7 (I " f( 17 I:UJ \V/ 1. Location map showing entire(DDA Boundary including-proposed inclusion 2. Location map showing zoomed in.aenal`ma proposed inclusion 3. Resolution 2010-01 of the Board of Directors of the Fort Collins Downtown Development Authority, including 4 exhibits ORDINANCE NO. 022, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO EXPANDING THE BOUNDARIES OF THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND AMENDING THE PLAN OF DEVELOPMENT OF THE AUTHORITY WHEREAS,on April 21, 1981,the City Council adopted Ordinance No.046, 1981,creating a Downtown Development Authority (the "Authority") and establishing the boundaries of the Downtown Development District(the "District"); and WHEREAS,on September 8, 1981,by Resolution 1981-129,the City Council approved the Fort Collins Downtown Development Authority Plan of Development(the"Plan of Development"), which also describes the boundaries of the District; and WHEREAS, pursuant to Section 31-25-822, C.R.S., subsequent to the organization of a downtown development authority, additional property may be included in the district of the authority,pursuant to a petition signed by the owner or owners in fee of each parcel of land sought to the included; and WHEREAS, if the board of directors of the authority approves said application, the board of directors is to then submit the application to the governing body of the municipality in which the district is contained and, if the governing body also approves the application, it is to amend the ordinance creating the authority so as to include the additional property as described in the petition; and WHEREAS, the City Council has, on eleven previous occasions, amended Ordinance No. 046, 1981, by the adoption of the following ordinances: Ordinance No. 162, 1981; Ordinance No. 002, 1982; Ordinance No. 002, 1993; Ordinance No. 199, 1998; Ordinance No. 148, 2000; Ordinance No. 038,2004; Ordinance No. 067,2004; Ordinance No. 099,2005; Ordinance No.035, 2008; Ordinance No. 067, 2008 and Ordinance No. 080, 2009 (the "Amending Ordinances"); and WHEREAS,the Board of Directors of the Authority(the"Board")has received petitions for the inclusion of four(4)properties into the boundaries of the District from the fee owners thereof, WHEREAS, the Board has approved the Fort Collins Downtown Alleys Master Plan (the "Master Plan"), as an implementation of the Fort Collins Downtown Strategic Plan, which Master Plan provides for the improvement of certain alleys and, further, the Board has appropriated Authority funds for the construction of improvements to such alleys, including the north-south alley in Block 116 of the Harrison's Addition to the City of Fort Collins that runs from West Laurel Street to West Myrtle Street between College Avenue and Mason Street (the "Alley Cat Alley); and WHEREAS,all of the alleys within Block 116 of the Harrison's Addition to the City of Fort Collins and the adjacent public streets have been dedicated to the public;however,only the east one- half of Block 116, including the east one-half of the Alley Cat Alley, has been included within the District; and WHEREAS,prior to the expenditure of Authority funds for improvements within Block 116 or at the intersections of such alleys and the public streets adjacent thereto,it is necessary to include within the District the alleys in the west one-half of Block 116 of the Harrison's Addition to the City of Fort Collins, including the west one-half of the Alley Cat Alley, and portions of the public streets adjacent to such alleys; and WHEREAS, the legal description and the name of the fee owner of each property which is the subject of a petition for inclusion referred to herein and the legal description of the alleys in the west one-half of Block 116 of the Harrison's Addition to the City of Fort Collins,including the west one-half of the Alley Cat Alley, and portions of the public streets adjacent thereto (referred to collectively herein as the"Properties"),are set forth on Exhibit"A"attached hereto and incorporated herein by reference; and WHEREAS, the Board has determined that the addition of the Properties into the District would further the objectives and purposes of the Authority as contained in the Plan of Development and has, by Resolution 2010-01, recommended approval of the inclusion of such Properties by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby approves the inclusion of the following properties into the boundaries of the District and finds that such inclusion is in the best interests of the City and will not substantially modify the Plan of Development: Commencing at the NW corner of Lot 9, Block 116, Harrison's Addition to the City of Fort Collins, Colorado, according to the official Plat thereof, and running thence East 58 feet; thence South 190 feet,thence West 58 feet,thence North 190 feet to the Point of Beginning, County of Larimer, State of Colorado; And The N % of Lot 10, Block 116, Harrison's Addition to the City of Fort Collins, County of Latimer, State of Colorado; And The N 37 Y2 feet of the South 50 feet of Lot 10, Block 116, Harrison's Addition to the City of Fort Collins, County of Latimer, State of Colorado; And Considering the North line of Lot 5, Block 106, Harrison's Addition to the City of Fort Collins, Colorado as being 190 feet in length as shown by survey recorded in Book 1107, Page 535, Larimer County records: Commending 130 feet West of the -2- NE corner,thence South 190 feet,thence East 130 feet,thence North 100 feet,thence West 65 feet, thence North 90 feet, thence West 65 feet to the point of beginning; And A tract of land located in the northeast quarter of Section 14 of Township 7 North, Range 69 West, of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, more particularly described as follows; Commencing at the intersection of the centerline of the north south alley in Block 116 as shown and dedicated on the Plat of Harrison's Addition, a plat of record with the Clerk and Recorder of the said Larimer County, with the centerline of Laurel Street, the said intersection is also on the current DDA boundary, and is also the TRUE POINT OF BEGINNING of this description; THENCE westerly along the said centerline of Laurel Street to the intersection of the centerline of Laurel Street and the southerly extension of the west line of the east half of Lot 12, Block 116 Harrison's Addition; THENCE northerly along the said extended line, to the north right of way line of Laurel Street; THENCE easterly along the said right of way line to the west right of way line of the north south alley in the said Block 116; THENCE northerly along the said west right of way to the north line of Lot 12 Block 116; THENCE westerly along the south right of way of an east west alley in the said Block 116 to the east right of way of South Mason Street; THENCE southerly along the said east line 60.00 feet; THENCE westerly to the centerline of South Mason Street; THENCE northerly along the said centerline to the westerly extension of the north line of the south 37.50 feet of Lot 11 Block 116; THENCE easterly to the said east right of way line of South Mason Street; THENCE southerly along the said east line to the north right of way line of the said east west alley in block 116; THENCE easterly along the said north right of way to the said west right of way of the north south alley; THENCE northerly along the said west right of way to the north line of Lot 10 Block 116; THENCE westerly along the south right of way of an east west alley in the said Block 116 to the said east right of way line of South Mason Street; THENCE southerly along the said east line to the south line of the north 37.50 feet of the south 50.00 feet of Lot 10 Block 116; THENCE westerly to the west right of way line of South Mason Street; THENCE northerly along the said west line to the south right of way line of West Myrtle Street; THENCE westerly along the said south line to the east right of way of South Mason Street; THENCE southerly along the said east line to the south line of Lot 9 Block 116; -3- THENCE easterly along the north right of way line of the east west alley in Block 116 to the said west right of way line of the north south alley; THENCE northerly along the said west line to the south right of way line of West Myrtle Street; THENCE westerly along the said south line, to the west line of the east 74.00 feet of Lot 8 Block 116; THENCE northerly along the extended line of the said east 74.00 feet of Lot 8 to the centerline of the said West Myrtle Street; THENCE easterly along the said centerline to northerly extension of the said centerline of the north south alley in Block 116; THENCE southerly along the said centerline to the point of beginning. Section 2. That Section 3 of Ordinance No. 046, 1981 (as amended by the Amending Ordinances) be, and hereby is, further amended by deleting the legal description contained therein, which description establishes the boundaries of the District, and by substituting the following therefor: BEGINNING AT THE CENTER OF THE INTERSECTION OF COLLEGE AVENUE AND LAUREL STREET; THENCE WESTERLY TO THE INTERSECTION OF THE CENTERLINE OF LAUREL STREET AND THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE EAST HALF OF LOT 12, BLOCK 116 HARRISON'S ADDITION; THENCE NORTHERLY ALONG THE SAID EXTENDED LINE, TO THE NORTH RIGHT OF WAY LINE OF LAUREL STREET;THENCE EASTERLY ALONG THE SAID RIGHT OF WAY LINE TO THE WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY IN THE SAID BLOCK 116;THENCE NORTHERLY ALONG THE SAID RIGHT OF WAY LINE TO THE NORTH LINE OF LOT 12 BLOCK 116; THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE 60.00 FEET;THENCE WESTERLY TO THE CENTERLINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE WESTERLY EXTENSION OF THE NORTH LINE OF THE SOUTH 37.50 FEET OF LOT 11 BLOCK 116; THENCE EASTERLY TO THE SAID EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE NORTH RIGHT OF WAY LINE OF THE SAID EAST WEST ALLEY IN BLOCK 116;THENCE EASTERLY ALONG THE SAID NORTH LINE, TO THE SAID WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 37.50 FEET OF THE SOUTH 50 FEET OF LOT 10 BLOCK 116; THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS WESTERLY EXTENSION TO THE WEST RIGHT OF WAY LINE OF SOUTH MASON STREET;THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF LOT 5 BLOCK 106 HARRISON'S ADDITION; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 5 AND ITS EXTENSION TO THE EAST LINE OF THE WEST 60 FEET OF LOT 6 BLOCK -4- 106; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 65 FEET OF THE SAID LOT 5 BLOCK 106; THENCE SOUTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 90 FEET OF THE SAID LOT 5 BLOCK 106;THENCE EASTERLY ALONG THE SAID SOUTH LINE TO THE SAID WEST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO A LINE WHICH IS 58 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF LOT 9 BLOCK 116 HARRISON'S ADDITION; THENCE SOUTHERLY ALONG THE SAID PARALLEL LINE TO THE SOUTH LINE OF THE SAID LOT 9; THENCE EASTERLY ALONG THE NORTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE SAID WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY IN BLOCK 116;THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE WESTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 74.00 FEET OF LOT 8 BLOCK 116;THENCE NORTHERLY ALONG THE EXTENDED LINE OF THE SAID EAST 74.00 FEET OF LOT 8 TO THE CENTERLINE OF THE SAID WEST MYRTLE STREET;THENCE EASTERLY ALONG THE SAID CENTERLINE TO THE NORTHERLY EXTENSION OF THE CENTERLINE OF THE SAID NORTH SOUTH ALLEY IN BLOCK 116; THENCE ALONG THE NORTHERLY EXTENSION OF THE SAID CENTERLINE OF THE ALLEY IN BLOCK 116 AND ITS NORTHERLY EXTENSION THROUGH BLOCK 115 HARRISON'S ADDITION, TO THE CENTER OF MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND HOWES STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF HOWES STREET TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ALONG THE CENTERLINE OF LAUREL STREET TO THE SOUTHERLY EXTENSION OF THE CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISON'S ADDITION; THENCE NORTHERLY ALONG THE SAID EXTENSION AND ALONG THE SAID CENTERLINE TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 10 BLOCK 96 HARRISONS ADDITION;THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE EAST LINE OF MELDRUM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE,TO THE NORTH LINE OF THE SOUTH HALF OF LOT 9 BLOCK 96 HARRISONS ADDITION; THENCE EASTERLY ALONG THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISONS ADDITION; THENCE NORTHERLY ALONG THE SAID CENTERLINE, TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 6 BLOCK 95 HARRISONS ADDITION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE -5- EAST LINE OF MELDURM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE NORTH LINE OF THE SAID LOT 6 BLOCK 95; THENCE EASTERLY ALONG THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY; THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE CENTERLINE OF MULBERRY STREET; THENCE EASTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE CENTERLINE OF HOWES STREET; THENCE NORTHERLY TO THE INTERSECTION OF HOWES STREET AND MAGNOLIA STREET;THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET AND MELDRUM STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MELDRUM STREET AND MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND WHITCOMB STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF WHITCOMB STREET AND MAGNOLIA STREET; THENCE EASTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET, SHERWOOD STREET,AND CANYON AVENUE;THENCE NORTHEASTERLY ALONG THE CENTERLINE OF CANYON AVENUE TO THE INTERSECTION OF SAID CENTERLINE AND THE LOT LINE BETWEEN LOT 5 AND LOT 6 OF BLOCK 83 EXTENDED; THENCE NORTHWESTERLY ALONG SAID LOT LINE 123.1 FEET;THENCE NORTHWESTERLY 86 FEET TO A POINT 50 FEET EASTERLY FROM THE NORTHWEST CORNER OF BLOCK 83; THENCE NORTHERLY 50 FEET TO THE CENTERLINE OF OLIVE STREET; THENCE EASTERLY TO THE INTERSECTION OF THE CENTERLINE OF OLIVE STREET, AND THE EXTENSION OF CENTERLINE OF ALLEY IN BLOCK 82; THENCE NORTHERLY ALONG ALLEY CENTERLINES THROUGH BLOCKS 82,81,TO THE CENTERLINE OF MOUNTAIN AVENUE;THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF A LINE 1-1/2 FEET NORTH OF THE NORTH LINE OF LOT 14, BLOCK 51 AND THE CENTERLINE OF SHERWOOD STREET; THENCE EASTERLY ALONG THE SAID LINE 1-1/2 FEET NORTH OF SAID LOT 14 TO THE CENTERLINE OF THE NORTH- SOUTH ALLEY IN BLOCK 51; THENCE SOUTHERLY TO THE INTERSECTION OF ALLEY CENTERLINE AND NORTH LOT LINE OF LOT 5,BLOCK 51 EXTENDED;THENCE EASTERLY ALONG SAID LOT LINE TO THE CENTERLINE OF MELDRUM STREET;THENCE NORTHERLY ALONG SAID CENTERLINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE COLORADO AND SOUTHERN RAILROAD; THENCE NORTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE,TO THE CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ON SAID CENTERLINE TO THE INTERSECTION OF ELM STREET AND SHERWOOD STREET; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCKS 55, 45, AND 35 TO THE NORTHEAST CORNER OF BLOCK 35; THENCE NORTHERLY TO THE NORTHWEST CORNER OF BLOCK 26; THENCE EASTERLY ALONG THE -6- NORTH LINE OF BLOCK 26,TO THE CENTERLINE OF COLLEGE AVENUE; THENCE CONTINUING EASTERLY ALONG THE CENTERLINE OF VINE DRIVE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SECTION 12; THENCE NORTHERLY TO THE NORTH 1/4 CORNER OF SECTION 12,T7N, R69W OF THE SIXTH P.M.;THENCE (CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 1 TOWNSHIP 7 NORTH RANGE 69 WEST AS BEARING S89058'19"E AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO) SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12,S00007'56"W 46.77 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, N88018'14"E 602.54 FEET TO THE SOUTHEAST CORNER OF LOT 1, LARIMER COUNTY SHOPS MINOR SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF SAID LARIMER COUNTY SHOPS MINOR SUBDIVISION, N01016'55"W 208.11 FEET, AND AGAIN S85023'42"W 65.98 FEET,AND AGAINN55°34'00"W 253.90 FEET,AND AGAINN18051'00"E 34.17 FEET,AND AGAIN N73°33'44"E 105.85 FEET,AND AGAIN N 12°50'18"E 71.56 FEET,AND AGAIN NI 0020'00"W 42.66 FEET,AND AGAIN N41°50'00"W 84.01 FEET, AND AGAIN.N51°15'00"W 193.28 FEET, AND AGAIN N67026'23"W 74.87 FEET;THENCE N 18°50'30"E 108.60 FEET;THENCE N89059'13"E 1484.20 FEET TO A POINT ON THE WEST LINE OF ALTA VISTA SUBDIVISION; THENCE ALONG SAID WEST LINE, S00°00'00"E 533.86 FEET TO THE SOUTHWEST CORNER OF SAID ALTA VISTA SUBDIVISION; THENCE ALONG THE SOUTH LINE OF SAID ALTA VISTA SUBDIVISION, N86047'41"E 140.22 FEET,AND AGAIN N80004'26"E 40.61 FEET,AND AGAIN N87042'34"E 125.10 FEET,AND AGAIN N70°02'35"E 120.45 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY OF ALTA VISTA STREET AS RECORDED IN THE LARIMER COUNTY RECORDS IN BOOK 2024 AT PAGE 845; THENCE ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE, S67039'55"E 180.15 FEET, AND AGAIN S00001'55"E 244.97 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, N880 18'14"E 341.16 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF- WAY LINE OF NORTH LEMAY AVENUE;THENCE ALONG SAID EXISTING WEST RIGHT-OF-WAY LINE,S00°01'59"E 581.65 FEET TO THE SOUTHEAST CORNER OF TRACT A, EAST VINE STREETS FACILITY P.U.D.; THENCE ALONG THE SOUTH LINE OF SAID EAST VINE STREETS FACILITY P.U.D., S88018'24"W 20.03 FEET TO THE NORTHEAST CORNER OF LOT 2, NEW BELGIUM BREWERY THIRD FILING;THENCE ALONG THE EAST LINE OF SAID LOT 2 AND ITS SOUTHERLY EXTENSION, S00001'59"E 805.42 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET;THENCE ALONG THE SOUTH RIGHT OF WAY TO THE EAST LINE OF LOT 2 OF THE SECOND REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID EAST LINE, TO THE SOUTH LINE OF THE SAID LOT 2; THENCE -7- WESTERLY ALONG THE SOUTH LINE OF THE SAID LOT 2 TO THE WEST LINE OF THE SAID LOT 2;THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY OF BUCKINGHAM STREET; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE EAST LINE OF THE PLAT OF VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE SOUTHERLY LINE OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A WARRANTY DEED RECORDED AT RECEPTION NO.20080043084 LARIMER COUNTY RECORDS; THENCE ALONG THE SAID SOUTHERLY LINE, WESTERLY TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE SAID WEST LINE AND ITS EXTENSION, TO THE NORTHEAST CORNER OF LOT 23, REPLAT OF NORTH LEMAY SUBDIVISION, SECOND FILING; THENCE ALONG THE NORTH LINE OF SAID LOT 23, TO THE NORTHWEST CORNER OF SAID LOT 23; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 23 AND ALONG THE SOUTHWESTERLY LINE OF LOT 3, VANWORKS SUBDIVISION SECOND FILING TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID WEST LINE AND ITS SOUTHERLY EXTENSION,TO THE NORTHEAST CORNER OF LOT 2, PATRICK SUBDIVISION FIRST FILING; THENCE ALONG THE NORTH LINE OF THE SAID LOT 2 AND ITS WESTERLY EXTENSION, TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF THIRD STREET; THENCE NORTHERLY ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE, TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET;THENCE WESTERLY ALONG THE SAID EXISTING SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12; THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12 TO THE WESTERLY PROLONGATION OF THE NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE SOUTHWEST CORNER OF LOT 2, ODELL BREWING COMPANY SUBDIVISION; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 2, TO THE NORTHWEST CORNER OF THE SAID LOT 2;THENCE ALONG THE NORTH LINE OF THE SAID LOT 2 AND ALONG THE NORTH LINE OF LOT 1, ODELL BREWING COMPANY SUBDIVISION, EASTERLY TO THE NORTHEAST CORNER OF THE SAID LOT 1;THENCE ALONG THE EAST LINE OF THE SAID LOT 1,SOUTHERLY TO THE SOUTHEAST CORNER OF THE SAID LOT 1 AND TO THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE WEST LINE OF LOT 2 OF THE REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE NORTH LINE OF THE SAID LOT 2;THENCE EASTERLY ALONG THE NORTH LINE OF LOT 2 AND ALONG THE NORTH LINE OF LOT 3 OF THE REPLAT OF NORTH LEMAY -8- SUBDIVISION TO THE WESTERLY RIGHT OF WAY OF LEMAY AVENUE; THENCE SOUTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY TO THE SAID NORTHERLY RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE; THENCE ALONG THE SAID EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE,SOUTHERLY TO THE SOUTHWEST CORNER OF THE BUFFALO RUN APARTMENTS P.U.D.; THENCE (CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TOWNSHIP 7 NORTH RANGE 69 WEST, AS BEARING NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO),RUNNING ALONG THE SOUTH LINE OF SAID BUFFALO RUN APARTMENTS P.U.D. THE NEXT FIVE (5) COURSES: 1) NORTH 72 DEGREES 53 MINUTES 48 SECONDS EAST, A DISTANCE OF 93.02 FEET; 2) ALONG THE ARC OF A 465.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 38 DEGREES 32 MINUTES 55 SECONDS,AN ARC DISTANCE OF 313.19 FEET HAVING A CHORD BEARING OF SOUTH 87 DEGREES 49 MINUTES 44 SECONDS EAST, A DISTANCE OF 307.32 FEET; 3) SOUTH 68 DEGREES 33 MINUTES 17 SECONDS EAST,A DISTANCE OF 498.09 FEET; 4) ALONG THE ARC OF A 134.50 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34 DEGREES, 58 MINUTES 05 SECONDS; AN ARC DISTANCE OF 82.09 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 02 MINUTES 19 SECONDS EAST, A DISTANCE OF 80.82 FEET; 5) NORTH 80 DEGREES 27 MINUTES 41 SECONDS EAST, ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 114.77 FEET TO THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 89022270; THENCE SOUTH 00 DEGREES 38 MINUTES 00 SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 679.49 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST A DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 00 SECONDS WEST A DISTANCE OF 921.52 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 205.59 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF 136.39 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 60.00 FEET;THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST, A DISTANCE OF 208.73 FEET TO A POINT ON THE NORTH LINE OF COLORADO HIGHWAY 14, AND A POINT ON A NON- TANGENT CURVE TO THE LEFT, THENCE RUNNING ALONG SAID NORTH LINE THE NEXT TWO (2) COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00 DEGREES 04 MINUTES 18 SECONDS HAVING A RADIUS OF 11,585 FEET,AN ARC DISTANCE OF 14.48 FEET, A CHORD BEARING OF NORTH 89 DEGREES 33 MINUTES 00 SECONDS WEST, A DISTANCE OF 14.48 FEET; 2) NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 645.85 FEET TO THE INTERSECTION -9- OF SAID NORTH LINE AND THE EAST RIGHT OF WAY LINE OF SOUTH LEMAY AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST MULBERRY STREET, WESTERLY TO THE WESTERLY RIGHT OF WAY OF THE SAID SOUTH LEMAY AVENUE; THENCE ALONG THE SAID WESTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, NORTHERLY TO THE SOUTH RIGHT OF WAY OF THE SAID EAST LINCOLN AVENUE;THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE, WESTERLY TO THE EAST LINE OF THE PLAT OF IN-SITU SUBDIVISION AS RECORDED FEBRUARY 6,2004 AT RECEPTION NO. 20040011665 RECORDS OF THE CLERK AND RECORDER OF LARIMER COUNTY; THENCE ALONG THE EAST LINE OF THE SAID IN-SITU SUBDIVISION SOUTHERLY, WESTERLY AND SOUTHERLY TO THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION; THENCE ALONG THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION TO THE WEST LINE OF THE SAID IN-SITU SUBDIVISION;THENCE ALONG THE SAID WEST LINE OF THE IN-SITU SUBDIVISION, NORTHERLY TO THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY, WESTERLY TO THE SOUTHWESTERLY BANK OF THE CACHE LA POUDRE,RIVER; THENCE ALONG THE SAID SOUTHWESTERLY BANK OF THE RIVER, SOUTHEASTERLY TO THE INTERSECTION WITH THE SAID EAST LINE OF WEST 1/2 OF SECTION 12; THENCE ALONG THE SAID EAST LINE OF THE WEST 1/2 OF SECTION 12, SOUTHERLY TO THE NORTHERLY RIGHT-OF- WAY OF RIVERSIDE AVENUE AS ORIGINALLY PLATTED; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY, TO THE SOUTHERLY RIGHT-OF-WAY OF MULBERRY STREET; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE WESTERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE; THENCE NORTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY TO THE SOUTHERLY RIGHT-OF-WAY OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE PROPERTY LINE BETWEEN LOTS 3 AND 4 OF BLOCK 141; THENCE SOUTHERLY ALONG SAID LOT LINE TO THE CENTER OF THE ALLEY IN BLOCK 141; THENCE WESTERLY ALONG CENTER OF SAID ALLEY TO A POINT 20 FEET WEST OF THE NORTHEAST CORNER OF LOT 17, BLOCK 141; THENCE SOUTHERLY ALONG A LINE PARALLEL TO AND 20 FEET WESTERLY FROM THE EAST LINE OF SAID LOT 17,AND ITS SOUTHERLY EXTENSION, TO THE SOUTH RIGHT OF WAY OF EAST OAK STREET; THENCE EASTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE WEST RIGHT OF WAY OF PETERSON STREET; THENCE SOUTHERLY ALONG THE SAID WEST RIGHT OF WAY TO THE NORTH RIGHT OF WAY OF EAST OLIVE STREET; THENCE WESTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE EAST RIGHT OF WAY OF MATHEWS STREET; THENCE NORTHERLY ALONG THE SAID EAST RIGHT OF WAY TO THE CENTERLINE OF EAST OAK STREET; THENCE WESTERLY ALONG THE CENTERLINE OF OAK STREET TO THE INTERSECTION OF SAID -10- CENTERLINE AND THE EXTENSION OF THE CENTERLINE OF AN ALLEY IN BLOCK 132;THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID ALLEY TO THE WESTERLY EXTENSION OF THE NORTH LINE OF TRACT TWO OAKPARK PUD;THENCE EASTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE NORTH LINE OF THE SAID TRACT TWO TO THE WEST RIGHT OF WAY OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE SADI WEST RIGHT OF WAY TO THE SOUTH LINE OF THE SAID TRACT TWO OAKPARK PUD;THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCK 132;THENCE SOUTHERLY ALONG SAID ALLEY TO A POINT 10 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 2;THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF LOT 2 TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF MATHEWS STREET TO THE CENTERLINE OF OLIVE STREET;THENCE EAST ALONG THE CENTERLINE TO A POINT OPPOSITE THE EAST LINE OF LOT 8,BLOCK 143;THENCE SOUTH TO THE CENTERLINE OF THE EAST WEST ALLEY IN BLOCK 143; THENCE WEST TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTH TO A POINT OPPOSITE THE SOUTH LINE OF LOT 4, BLOCK 133; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 4 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 133;THENCE NORTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST OLIVE STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST OLIVE STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO A POINT OPPOSITE THE NORTH LINE OF LOT 15,BLOCK 133;THENCE EASTERLY ALONG THE NORTH LINE OF LOT 15 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 133;THENCE SOUTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST MAGNOLIA STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST MAGNOLIA STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF REMINGTON STREET AND MULBERRY STREET;THENCE WESTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE INTERSECTION OF THE EXTENSION OF THE CENTERLINE OF THE ALLEY IN BLOCK 125; THENCE SOUTHERLY ON THE CENTERLINE OF ALLEYS THROUGH BLOCKS 125 AND 126 TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ON SAID CENTERLINE TO THE POINT OF BEGINNING. Section 3. That the Plan of Development is hereby amended by the City Council so as to delete the legal description of the boundaries of the District contained on page 3 thereof, and to substitute therefor the legal description contained in Section 2 of this Ordinance. -11- Introduced, considered favorably on first reading, and ordered published this 2nd day of March, A.D. 2010, and to be presented for final passage on the 1 day of March, A.D. 2010. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of March, A.D. 2010. Mayor ATTEST: City Clerk -12-