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HomeMy WebLinkAboutordinance.council.001-87 ORDINANCE NO.1 Series of 1987 AN ORDINANCE CREATING ASPEN LODGE AREA SPECIAL IMPROVEMENT DISTRICT NO. 1987-1, IN THE CITY OF ASPEN, COLORADO; ORDERING THE CONSTRUCTION AND INSTALLATION THEREIN OF CERTAIN LOCAL PUBLIC IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS IN PAYMENT FOR SAID IMPROVEMENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS, AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT WHEREAS, pursuant to resolution No.23, series of 1986, passed and adopted an November 24, 1986, the City Council of the City of Aspen, Colorado, has determined that it is necessary to create a special improvement district within the city, for the purpose of constructing or installing street paving including utility undergrounding, storm drainage, woonerf streets, curb and gutter, landscaping, sidewalk, street lighting, traffic signs, and other pedestrian amenities, including the reconstruction, replacement, renewal or extension of the same, and the acquisiti- on of property and rights-of-way, if necessary, and to assess part of the cost of the improvements against the properties specially benefited by the improvements and included within the district, subject, however, to protest by the landowners of more than fifty percent (50%) of all property benefited and constitu- ting the basis of the assessment; and WHEREAS, notice of a public hearing concerning the creation of the district and the construction and installation of the improvements has been given by publication in one (1) issue of the Aspen Times, a newspaper of general circulation in the City, at least fifteen (15) days prior to the date of the hearing, and in addition, notice was mailed by first class mail on or about the date of the publication of the notice, to the owners of record of all real estate within the proposed district who are to be assessed for the cost of improvements; and WHEREAS, on the day and at the time and place specified in the notice, the~ City Manager'conducted a hearing for the purpose of considering the desirability of and the need for the proposed improvements; and WHEREAS, following the hearing, the City Manager entered an order approving those improvements which he considered proper and has caused an ordinance authorizing the creation of the district and the construction and installation of the proposed improve- ments, to be submitted to the City Council; and WHEREAS, the City Council has reviewed the order of the City Manager, and has determined to proceed with the creation of the district; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Creation-of District. That a special impro- vement district for the construction and installation of certain local improvements, consisting of street paving, including utility underground, storm drainage, woonerf streets, curb and gutter, landscaping, sidewalks, street lighting, traffic, and other pedestrian amenities, is hereby created and established in accordance with the City Charter, Article Vll, Chapter 19 of the Municipal code, and the laws of the State of Colorado, and shall be known and designated as "Aspen Lodge Area Special Improvement district No. 1987-1". All proceedings heretofore taken and adopted in connection with the district are hereby ratified, approved and confirmed. Section 2. Approval~ of Engineering Plans. That the Eng- ineer's preliminary plans, specifications, estimates of cost,maps and schedules for the proposed improvements, are hereby approved and adopted. Section 3. Boundar~of district. The boundary of the District shall include the area as indicated by the boundary line on the attached map, which generally is the area from Durant Avenue south to the north slope of Aspen Mountain, between the Roaring Fork River on the east and Shadow Mountain on the west: Section 4. Description-~f Improvements. The kind of improvements are as follows: street paving - installation of asphalt overlay improvements including relocation or burying of utilities; storm-drainage - installation of drainage and catch basins; a contribution toward of diversion dams and channels, including a diversion dam in Spar Gulch (Ute Avenue project); diversion channel above Aspen Mountain Road in Vallejo Gulch (Mill Street project); diversion channel at the bottom of Lift lA in Pioneer Gulch (Monarch Street project); a holding pond at Koch Park; and enlargement of the pond at Glory Hole Park; if matching funds are made available by the City, County or Skiing Company. wQon~rf--street - (a park-like lane for pedestrians and vehicles), generally the main walkway/driving area will be textured concrete, parking areas will be asphalt, defined by concrete ballard lights; and street trees will be scattered along the street in spaces defined by ballard lights. It is anticipated that the following streets or parts thereof will become woonerfs: Hunter/Dean mall Dean Street from Monarch to Aspen Street Summit Street curb andm~3utter landscapin~ - street trees (irrigated) and other plantings; sidewalks - including concrete textured sidewalks; street-~ighting - including ballard street lighting; traffic-s/gns - street and parking signs; other ?edestrian ame~iti~=s - including benches, bike trails, pocket plaza parks, pedestrian asphalt paths, consolidated dumpster and trash collection areas, and improvements to Glory Hole Park and Koch Park; Streets on which improvements will be constructed and installed within the boundary of the district include the foll- owing: Waters Avenue, Durant Avenue, Ute Avenue, West End Street, Dean Street, Original Street, Spring Street, Galena Street, Mill Street, Monarch Street, Aspen Street, Summit Street, Gilbert Street, Garmisch Street and Juniata Street. Section 5. !mDrovements-.Authorized. The construction and installation of the improvements in and for the district, as shown by the preliminary plans, specifications, estimates of cost, maps and schedules thereof, prepared by the Engineer and approved by the City Council of the City and now on file in the office of the City Engineer, be and the same is hereby authorized and ordered, the materials to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. "Section 6. Cost of Improvements. total cost of the improvements to be constructed and installed is $5,400,000, including construction, engineering, fiscal, legal and administrative costs. It is anticipated that the cost of all street paving and related storm drainage improve ments will be paid by the City and not assessed against the owners of real property within the district. The proposed method of assessment is as follows: Improved Rea~ Property: The method of assessment is based on the benefits accruing to each parcel of real property, taking into consideration the property use, the amount of building area and location (commercial only) of such parcel. The assessment will be in the proportion that the adjusted net floor area applicable to such real property bears to the total adjusted net floor area of the entire district. The net floor area of each building of structure will be adjust~ for property use and location (for commercial uses) as indicated below: Propert~ Factor Residential/accommodation 1.000 Commercial-not on the street level 1,000 Commercial-street level 1~250 Deed t~rtri-cted-Employee-Housing 0,50'0 Vacant--or -Unimproved Real PropertyP: in determining the assessment of vacant or unimproved real property, such properties are converted to an equivalent net floor area based on the maximum zoned building area potential adjusted for a land to improvement value factor (20% for residential and 25% for commercial). This equi- valent floor area is then treated the same as improved real property in determining the adjusted floor area and the assessment. For example, a 6,000 square foot parcel, zoned residential and having a maximum development potential of a 3,600 square foot duplex would be assessed on the equivalent net floor area of 720 square feet (3,600 square feet x 20% land to improvement value factor = 720 square feet). Proposed-Projects For five proposed projects, the net floor areas used in calculating the assessment are based upon plans as approved or to be approved by the City. Existing uses and impro- vements on properties where these projects are proposed for development are disregarded. The five projects are: Aspen Mountain Subdivision, Carriage House, Lodge at Aspen, Little Nell Hotel, and Ski Museum & Ski club." Writte~--'r~m~nstramces concerning the change in the method of assessment and the ordinance creating the district may be filed at or prior to the date and time of the hearing. Those persons who have previously filed a written remonstrance and who object to the amended method of assessment should re-submit a written remonstrance on or prior to the date of the hearing. Such written remonstrances may be mailed and addressed to the City Manager, City Hall, 130 So. Galena Street, Aspen, Colorado 81611. It is not necessary to appear in person at the hearing in order for the written remonstrance to be accepted or counted. If written remonstrances are timely filed by persons constituting the owners of the property to be assessed for more than fifty percent (50%0 of the proposed improvements, the proposed improvements shall not be ordered. Section 7. Pay_ment-of Assessments. The assessments to be levied for the cost of the improvements shall be due and payable within thirty (30) days after the publication of the assessing ordinance after its passage. However, all such assessments may be paid, at the election of the owner, in not more than fifteen (15) installments of principal with interest in all cases on the unpaid portion of such assessment, at a rate as shall later be determined by the City Council and set forth in the assessing ordinance. The installments of assessments shall be due and payable at such times as set forth in the assessing ordinance. Section 8. Speci~t--~mprovementBonds. Pursuant to the City Charter, Article Vll, Chapter 19, of the Municipal Code, and the laws of the state of Colorado, local improvement bonds of the City shall be issued for the purpose of paying all or such portion of the cost of the improvements to be constructed, as may be assessed against the property specially benefited. The bonds shall be issued based upon estimates or contract amounts approved by the City Council at a later date. Section 9. Coust-r~cti~n B±ds. The Mayor and Director of Finance are hereby authorized to advertise for bids to construct such improvements in the time and manner required by the City Charter and Article Vll, Chapter 19 of the Municipal Code, which advertisements may run concurrently with the publication of this Ordinance. Section 10. Findings by the Cit~ Council. the City Council hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefit upon the real property within the District and a general benefit upon the City as a whole. The city Council further finds and determines that the improvements were duly ordered after notice duly given and after the hearing was held by the City Manager pursuant to Article Vll, Chapter 19 of the Municipal Code, and that protests were DQt presented by the owners of a majority of all property benefited and constituting the basis of the assessment. Section 11. Rep_e~-l~r. All ordinances or resolutions, or parts thereof, in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 12. Sev~rabit~ty. If one or more sections or provisions of this Ordinance be judicially determined invalid or unenforceable, such determination shall not affect; impair or invalidate the remaining provisions hereof, the intention being that the various provisions hereof are severable. Section 13. P~trlic-He~ring. That a public hearing on this Ordinance shall be held on February 9, 1987, at 5:00 P.M., at the Council Chambers in the Aspen City Hall, prior to the conside- ration of the Ordinance on final reading. Section 14. Recordinq and Authentication. This Ordinance, immediately upon its final passage, shall be numbered and recorded in the official records of the City. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro-Tem, and the City Clerk, and by the certi- ficate of publication. This Ordinance shall take effect five (5) days after publication following final passage. INTRODUCED AND APPROVED ON FIRST READING at regular meeting of the City Council on January 26, 1987. (SEAL) .... William L. Stirling, Mayor ATTESTED: Kathryn S. Koch, City Clerk (The following to be inserted upon final adoption of the Ordinance) FINALLY ADOPTED AND APPROVED This 26th day of January, 1987. (SEAL) William L. Stirling, Mayor ATTESTED Kathryn S. Koch, City Clerk F. The 1st billing under the above rates shall be made on or about: February 28, 1987 SECT ION 2 That a Section 23-26 be added to the Municipal Code of the City of Aspen establishing a shut-off and turn-on service charge. A service charge of thirty dollars ($30.00) is hereby established for each turn-on and each shut-off of electric service howsoever occurring. SECTION 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconst- itutional by a court of competent jurisdiction, such invalidity shall not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4 The schedule of rates under Section 1 hereof shall be