Loading...
HomeMy WebLinkAboutordinance.council.004-88 ORDINANCE NO. 4. (Series of 1988) AN ORDINANCE DECLARING THE ENTIRE COST OF THE IMPROVEMENTS TO BE MADE IN UNDERGROUND IMPROVEMENT DISTRICT NO.1, IN THE CITY OF ASPEN, COLORADO, APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESS- ING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS WHEREAS, by Ordinance No. 44 (Series of 1987), finally passed and adopted on December 14, 1987, the City Council created and established Underground Improvement District No.1, within the City of Aspen, Colorado, to provide for the relocation of overhead electric and communication facilities to underground locations; and WHEREAS, the estimated total cost of the improvements authorized by the City Council for said District has been determined and the city Clerk has prepared a proposed assessment list detailing the total amount to be assessed, the specific properties assessed, and the amount of assessment on each piece of property; and WHEREAS, a pUblic hearing was set for February 22, 1988, at 5 p.m., in the City Council Chambers located at 130 South Galena Street, Aspen, Colorado, on the proposed assessments and Notice of the public hearing was published one time in the As~en Times, a newspaper of general circulation in the City of Aspen, at least twenty days prior to the date fixed for the hearing and in addition a notice of the hearing and the amount to be assessed to each lot was mailed not less than fifteen days prior to the date fixed for such hearing to each owner of real property whose property will be assessed for part of the cost of the improve- ments; and WHEREAS, the City Council, in open and public session, on February 22, 1988, heard all arguments relating to the benefits accruing to any tract, block, lot or parcel of land therein and the amount proposed to be assessed against any such tract, block, lot or parcel; and WHEREAS, the City Council had heard and considered all arguments and objections to the proposed assessment list and the following changes and corrections were made and such corrections are attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, it appears that the City Council has apportioned a share of the whole cost to each lot or tract of land in said District, in accordance with the benefits to be derived by said property and in the proportions and amount as set forth in the proposed assessment list; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Total Cost of Proiect. That the estimated total cost of the improvement as deter- mined from the joint cost and feasibility report by the City Electric Department, Canyon Cable, Holy Cross Electric and Mountain Bell Telephone compiled by Banner Associates, and including the cost of improvements, engineering and clerical service, advertising, fiscal fee, legal services for preparing proceedings and advising in regard thereto, and discount on the paYment of assessments, is the amount of " 4<38 08(/'0 } and is hereby approved and confirmed. section 2. Benefit to Each Lot. The City Council specifically finds that no proposed assessment on the assessment list exceeds the benefit to be derived from the improvements by the piece of property to be so assessed, and that no piece of property so listed will bear more than its proportionate share of the cost of such improvement. Section 3. Apportionment of Cost. That the apportionment of the total cost of the improvements, as set forth in the corrected assessment list is hereby approved and confirmed and said apportionment is hereby declared to be in accordance with the special benefits which property in the District will receive by reason of the construction of said improvements, and a share of said cost is hereby assessed to and upon each lot or lot equivalent with the District in the proportions and amounts set forth in the said assessment list which is hereby incorporated within this ordinance and is attached hereto as Exhibit "B". Section 4. Payment of Assessments. That all assessments shall be due and payable to the Underground Improvement District NO.1, within thirty days after the final publication of this ordinance without demand; except that all such assessments may be paid, at the election of the owner, in installments, with interest, as hereinafter provided. Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held to be an election on the part of all persons interested, whether under disability or otherwise, to pay in such installments. In case of such election, the assessment shall be payable at the office of the Pitkin County Treasurer, in five (5) equal annual installments of principal and interest, the first of which installments of principal shall be due and payable on or before July 31, 1989, and the remainder of said installments shall be due and payable successively on or before the 31st of July, in each year thereafter, until paid in full, with interest on the unpaid principal at a rate not to exceed 9% per annum. Section 5. Penaltv for Nonpayment of Installments. Failure to pay any installment, whether of principal or interest, when due, shall cause the whole of the unpaid principal to become due and collectable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one percent (1%) per month or fraction of a month until the day of sale; but at any time prior to the date of sale, the owner may pay the amount of all unpaid installments, with interest at one percent (1%) per month or fraction of a month, and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if the default had not been suffered. Section 6. Discount on Payment of Assessment in Full. PaYment may be made to the Underground Improvement District No.1, at any time within thirty days after the final publication of this ordinance and an allowance of five percent (5%) shall be made on all paYments made during such period, but not thereafter. The discount of 5% shall apply to all such paYments, whether the paYment is the entire amount of assessment due, or a part of the assessment. At the expiration of said thirty-day period the Underground Improvement District No. 1 shall return the local assessment roll to the Aspen City Clerk, therein showing all paYments made thereon, with the date of each paYment. Said roll shall be certified by the Aspen City Clerk under the seal of the City of Aspen and be hand delivered to the Pitkin County Treas- urer with her warrant for collection of the same. Section 7. Assessment Lien. That all assessments levied against the real property in Underground Improvement District NO.1, together with all interest thereon and penalties for default in paYment thereof, and all costs in collecting the same, shall constitute, from the date of the final pUblication of this ordinance, a perpetual lien on the several amounts assessed against each lot or tract of land, and shall have priority over all other liens, excepting general tax liens, and shall be enforced in accordance with the laws of the State of colorado. No sale of property for the nonpaYment of taxes or other special assessments shall extinguish the lien of other than the taxes or special assessments for the nonpaYment of which such sale is had. Section 8. Advance Payment of Assessments. All unpaid installments of assessments levied against any piece of property may (but only in their entirety) be paid prior to the dates on which they become due, if the property owner paying such installments pays all interest which would accrued thereon to the next succeeding date on which interest is payable on the bonds issued in anticipation of the collection of the assessments. In addition, the property owner must pay such additional amount of interest as in the opinion of the City Council is necessary to assure the availability of money fully sufficient to pay interest on the bonds as interest becomes due, and any redemption premiums which may become payable on the bonds in order to retire, in advance of maturity, bonds in a sufficient amount to utilize the assessment thus paid in advance. section 9. Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinance. Section 11 A public hearing on the ordinance shall be held on the 14th day of March, 1988, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City council of the City of Aspen on the C:<~;<-..{ day of /ii~ ,"-^-).--, , 1988. ~/A William L. Stirling, Mayor ATTEST: FINALLY adopted, passed and approved this /~~ day of ~~~ - '--- , 1988. 'i~ ATTEST: ord2