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HomeMy WebLinkAboutordinance.council.042-91 . - . ORDINA,.'1CE 1\0. 1./;< (Series of 1991) !~I I}' q;, AI\ ORDINANCE OF THE CITY COUNCil. OF THE CITY OF ASPEN, COLORADO, CREATING THE UTE AVENUE IMPROVEMEl\i DISTRICT NO, 1991-1, IN THE CITY OF ASPEN, COLORADO, ORDERING THE CONSTRuCTION AND INSTALLATION THEREIK OF CERTAr-I LOCAL PUBLIC IMPROVEMENTS, PROVIDING FOR THE ISSUANCE OF SPECIAL ASSESSMENT BONDS IN PAYMENT FOR SAID IMPROVEMEKTS, Al\TI PROVIDING FOR NOTICE TO CONTRACTORS, AND OTHER DET AILS IN CONNECTION WITH THE DISTRICT WHEREAS, pursuant to Resolul1on No, 39, Senes of 1991, passed and adop,ed on September 23, 1991, the CIty Councll of the City of Aspen, Colorado, has determmed that It IS necessary to create a special improvement d1stnct Wlthin the City for the purpose of constructing or installing street paving, street lIghtmg, pedestnan and bIcycle traJl widemng and pavmg, ut:1l1ry undergrounding, storm draInage, landscapping, and other pedestrian amernOes, mcluding the reconstrucOon, replacement, renewal or extenslOn of same, and to assess part of the cost of the improvements agarnst propemes specIally benefited by the lIDprovements and rncluded Wlthin the district, subject, however, to protest by persons constituong the owners of the property to be assessed for more than 50% of the proposed improvements, and WHEREAS, SecOon 31-25-503, C.R S" authonzes murncipalIoes to create a d1stnct willch includes property In the urnncorporated area of the county witlun willch the munIcipality IS sItuated 1f such county consents by resoluoon to such d1stnct and the construCl1on or acqulSll10n of Improvements thereln; and WHEREAS, the County ComnnsslOners of Pitlan County have by resolution consented to the creation of tills distnct which includes property \\lthm P1tbn County, and WHEREAS, nol1ce of a publIc heanng concernmg the creal1cn of the d1strict ad the construcl1on and mstallal10n of the rmprovements has been glVen by publ1cauon ill one (1) Issue e of Ihe Aspen Tunes, a newspaper of general circulauon in the CIty, at leasI twenty (20) days pnor 10 the date of the heanng, and In add1tlon, nol1ce was ma1led by first class mall on or about the date of the publicatlon of the nol1ce, to the owners of record of all real estate Wlthln the proposed distnct who are to be assessed for the cost of improvements, and WHEREAS, on the day and at the Ume and place spec1fi.ed In the nonce, the Cay ::v1anager conducted a hearing for the purpose of consldenng the desuablllly of and the need for the proposed rmprovements, and WHEREAS, followmg the heanng, the City :Manager entered an order approving those rmprovements willch she conSIdered proper and has caused an ordrnance authoriZing the creal10n of the d1stnct and the construction and mstallal10n of the proposed improvements, to be submitted to the Clly Ccuncll, and a WHEREAS, the City Council has reVlewed lhe order of the City Manager, and has detemuned to proceed mth the creal10n of the d1stnct, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY OF ASPE?-!, COLORADO. Secrion 1 Creanon of D1StnCt. That a specIal improvement d1stnct for the construcl1on of street pavmg, pedestrian and bicy1cle trail wldernng and paving, storm drainage, landscapplng, traffic sIgnalization and other pedestnan amenl1ties, is hereby created and established In accordance Wlth the City Charter, Arucle VIT, Chapter 19 of the MUnIcipal Code, and Section 31-25-501, et seq, of the Colorado Revised Sratutes, and shall be known and deSIgnated as the "Ute Avenue Special Improvement D1StnCI 1991-1" All proceedings heretofore taken and adopted m connectlon Wlth the d1stnct are hereby ral1fied, approved and confIrmed - 2 . Section 2, Approval of En~neenng Plans ThaI the Engmeer's prel1minary plans, specifications, eslLmates of cost, maps and schedules for the proposed unprovements, are hereby approved and adopted. Section 3 Boundarv of DIstrict The real property to be mcluded vmilln the district and benefited by the proposed unprovements, Includes the property within the boundanes as depIcted In the attached map appended hereto as Appendix "A" and by tills reference incorporated herein as 1f fully set forth here The area IS generally bounded on the north-west corner by the InterseCl10n of Ute Avenue and Spring Street, the south-west corner by the sourthern terrn.lnUS of the Aspen Alps Road; and the north-east and south-east corners by the easlern terminus of Ute Avenue by the cul-de-sac or dlrl "turn-around" By way of further descnpl1on, the d1Slnct generally Includes the following properties The Aspen Alps, The Aspen Alps West, The Aspen _ Alps South, The Aspen Alps West, Glory Hole Park, The Gant (to and mclud1ng Ute Place), the Hoag SubdIvision, Kewfoundland Lode, Aspen Chance, poruons of the 1001 Lode subdiVlslOns, the Clarendon, Black Swan Hall, Ute Cemetery, Ute Cluldren's Park, Ute Tra1l Park, the proposed Ute Park Subdivision, The Aspen Club, the Benedict ProfesslOnal Bwld1ng, and all property abutting the eXlSllng cul-de-sac or "turn-around" Section 4 DescnPl10n of Improvements. That the kmd of unprovements contemplated are as follows Street paving, street l1ghnng, pedeslnan and bIcycle trall widening and paving, utility undergrounding, storm drainage, landscapplng, and other pedestrian arnenil1es, includ1ng the reconstrucl1on, replacement, renewal or extension of same Secl10n 5, Improvements Authorized That the construcnon and Installal10n of the . Improvements in and for the district, as shown by the prel1Illlnary plans, speclfical1ons, eSlLmates of cost, maps and schedules therwf, prepared by the EngIneer and approved and ordered by the 3 - e . CIty Manager and now on file In the office of the CIty Engineer, be and the same IS hereby authonzed and ordered, the matenals to be used in the construction of sald =provements to be In accordance WIth such maps, plans and specillcanons Secl10n 6. Cost of Improvements That the esllmated total cost of the improvements to be constructed and mstalled IS $509,50000, includ1ng construcl1on, engmeenng, fiscal, legal and administrative costs Such estlmate excludes the addinonal cost of Inspecl1on, collecnon, other lncldentals and Interest on the bonds Issued to the nme of payment of the fi.r1;t lnstallment of assessments, all as provided by Arhcle VII, Chapter 19 of the }'lUniClpal Code. The method of assessment for the cost of the =provements shall be as follows: Three zones will be created for purposes of assessing costs Zone One - ConSlSllng of property O\med by the CIty of Aspen wltilln the d1strict shall be assessed 1437% of the total actual costs ($73,200 00 of the esnmated $509,500 00 total costs) Zone Two - Consisllng of the followmg property owners The Aspen Club, Cte Park Partnerslup (the proposed Ute Park Subd1vision), and Fredenc Benedrct (The Benedicl ProfesslOnal Build1ng and land abUlllng the cul-de-sac), shall be assessed 2944% of the total actual costs or $150,000, willchever amount 15 illgher In the event that actual costs are lower than estimated costs Zone Three - ConSlStlng of all remairung property owners in the d1strict shall be assessed 56 19% of the total actual costs pro-rated based on assessed value of 4 e property as of the date of passage and adoption of the assessing ordinance ($286,300 00 of the esllmated $509,500 00 total costs) S ectlOn 7 Payment of Assessments, The assessments to be leVled for the COSl of lhe improvements shall be due and payable within thJrty (30) days after adopl1on and passage of the assessing ordrnance However, all such assessments may be pald, at the elecnon of the owner, in not more than ten (10) mstallments of pnnClpal Wlth interest m all cases on the unp8.1d portlOn of such assessment, at a rate as shall later be determined by the Clly Council and set forth In the assessmg ordmance The illstallments of assessments shall be due and payable at such times as set forth In the assessing ordinance. Secnon 8 SpecIal Improvement Bonds Pursuant to the Clly Charter, Arl1cle VII, Chapter 19, of the Murucipal Code, and Section 31-25-534, C.R.S., local improvement bonds of .. the Clly 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 speclally !:ienefited The bonds shall be issued based upon esllmales or contract amounts approved by the City Councll, and as amhorized by an ordinance to be passed by the CIty Councll at a later date. SecOon 9 ConstrucOon BIds The Dueclor of Publ1c Works IS hereby authonzed 10 advertise for bIds to construct such Improvements in the llrne and manner requued by the Clly Charter, Article VII, Chapter 19 of the MurnC1pal Code, and Sections 31-25-516 and 31-25-518, C R S , which advernsements may run concurrently WIth the publ1caoon of tills Ordinance Secnon 10 Compliance Wllh SecOon 24-7-601 of the MunICIPal Code Inasmuch as some improvements are proposed 10 be made Wlthin the district ill close proxirmty to the Ute Cemetery, a deSIgnated histoncal slle pursuant to Sectlon 24-7-705 of the MurnClpal Code, the . planning director shall deternune, consistent with the provisions of Section 24-7-601 of lhe MUnICIpal Code, whether the proposed improvements constltute development InvolVlng an I - ~ 'l. - hlstoncal landmark and ensure that a proper review is undertaken unless the planning d1rector shall detel1l11Jle that the development IS exempt under Section 24-7-601(C), SecllOn 11 Fmd!ngs of CIty Councll, The City Ccuncil hereby finds and deternllnes that the improvements proposed to be constructed and installed will confer a specIal benefit upon the real property Wlthin the distnct and a general benefit upon the CIty as a whole The Clly Council further finds and determines that the lmprovements were duly ordered after nonce duly glVen and after the hearing was held by the Clly Manager pursuant to Article VII, Chapter 19 of lhe Murncipal Code, and that protests were not presented by the owners of a majority of all property benefited and constituting the basis of the assessments. The CIty Councll further finds and detenmnes that the Order of the City Manager, attached hereto as Exhibll "B", IS proper and IS Incorporated herein as the findmgs of the CIty Ccuncll as if fully set forth here. Secl10n 12 Repealer All ordmances or resolUl1ons, or parts thereof, in COnfuCl herewith are hereby repealed, but only to the extent of such confuct Section 13 Severability That 1f any section, subsecl1on, sentence, clause, phrase or portion of thIS Ordinance IS for any reason held Invalld or unconsl1tul1onal In a court of competent Junsdiction, such pomon shall be deemed a seperate, d1stinct and independent provislOn and shall not affect the val.1d1ty of the remamlng pomons hereof, A public heanng on the ordmance shall be held on the _ day of 1991, in the CIty Council Chambers, Aspen CIty Hall, Aspen, Colorado. 6 ,- e . INTRODUCED, READ A..'ID ORDERED PUBLISHED as provided by law by the Clly Councll of the Clly of Aspen on the day of , 1991. John S Bennett, Mayor ATTEST. Kathryn S. Koch, Clly Clerk FINALLY adopted, passed and approved tlus , 1991. day of John S, Bennett, Mayor ATTEST. Kathryn S. Koch, City Clerk uteordlord 7 fa p \- ~~ .~ ~.~;. . ..,:t;'7.... , ,,-,...,.,,/ 7'Z--..,......... .~- .. . < ,. "'",'" \\ \ \r., @ "~~... '\....\\ ~\ ~\ ~ . \/ ./ " MPROVEMENT DISTRICT BOUNDARY ... \ .' @ .'t-'": ./ ./ ,./ / '/ ,/ ! UTE AVENUE @ ,f :J' , .I' '" #~ ~. # "''''''1f>~''~ .. ,.$I- m X :I: 1XI -I . )> . - . OFFICE OF THE CITY MANAGER FOR THE OTY OF ASPE~, STATE OF COLORADO ORDER OF THE CITY MANAGER FOLLOWING A PUBLIC HEARING RELATIVE TO THE CREATION OF THE UTE AVENUE IMPROVEMEI\"T DISTRICT - NO, 1991-1 The underSIgned, Amy Margerum, City Manager of the City of Aspen, Colorado, do hereby cerllfy as follows' 1. That on October 17,1991, at 5 00 pm, and October 22,1991 at 300 P m at the CIty Hall, In Aspen, Colorado, I conducted a heanng for the purpose of consIdering the desirability of and the need for the lll1provements described in Resolution No 39, Series of 1991, passed on September 23, 1991, relanng to the creal10n of the proposed Ute Avenue Improvement D1StnCt No. 1991-1. The date, time and place of the hearing were In accordance WIth the Resolul1on and notice of heanng published In a newspaper of general cuculal10n and mailed to land owners of record, all In accordance with Amcle VII of Chapter 19 of the Aspen MunICIpal Code and Secnon 31-25-503 of the Colorado ReVlsed Statutes, 2. That I heard and conSIdered all wntten remonstrances to the proposed unprovement d!stnct Written remonstrances were not filed by persons constltutlng the owners of the property to be assessed for more than fIfty (50%) of the proposed improvements 3 That the proposed d!stnct and proposed Improvements as descnbed In S8.1d ResolUl1on and the prellimnary plans, specmcalJons, maps and schedules thereof prepared by the Engineer and now on file in the office of the City Engmeer, are hereby approved, except for the following Unlts of construction willch shall be elmunated as improvements from the district. Parkmg Area at Trail Head. Lightlng In "upper Ute Avenue" area. S tarrway at Parking Area: Rock Retairung Walls, Blke Tra1l in "upper Ute Avenue" area. Total Reductlons' S 1,500,00 $10,500 00 $ 1,000,00 $ 9,70000 $ 8,800 00 $31,500 00 4 That cenain persons owning propeny In the area of the d!stnct co=only referred to as the "lower Ute Avenue" area have generally agreed In pnnclpal to havrng theu property assessed for the total cost of improvements speCIally benefItting their propeny, estimated at $286,300.00, pro-rated based on assessed value of property as of the date of passage and adopl1on of the assesslng ordrnance, 5 That certain other persons ownrng property In the area of the dlStnCt commonly referred to as the "upper Ute Avenue" area have agreed, as an Inducement for the CIty of Aspen EXHIBIT "B" . e . 10 parnclpate In the d1strict, to have their property assessed for the cost of the Improvements that will specIally benefit theu property In the following manner The Aspen Club Ute Park Partnershlp (proposed Ute Park SubdiVlsion) Fredenck Bened1ct (Bened1ct Prof. Bldg and property abutting the cul-de-sac) " ." .... """" $83,33333 $33,333 33 $33,333.33 6 That the Clly of Aspen owns the following properties WIthin the district. Glory Hole Park AJax Park Ute Cemetery Ute Ch.1ldren' sPark Ute Trail Park 7 That the Improvements proposed for the dlstnct will result In specIal benefits ro both the Clly of Aspen and the property owners Wlthm the dlstncl. 8 That the proposed method of assessment as set forth in Resolunon 39, Senes of 1991, should be amended to read as follows ill the interest of fairness and eqUlty to all property owners within the d1strict: Three zcnes will be created for purposes of assessmg costs. Zone One - ConSlSong of property owned by the Clly of Aspen Wlthin the d1smct shall be assessed 14.37% of the total actual costs ($73,200.00 of the esllmated $509,500 00 total costs). Zone Two - CcnSlSting of the folloWlng property owners. The Aspen Club, Ute Park Partnership (the proposed Ute Park SUbdlVlslon), and Fredenc Bened1ct (The Bened1ct ProfesslOnal Bwldrng and land abutnng the cul-de-sac), shall be assessed 29.44% of the total actual costs or $150,000 00 whIchever amount is hIgher in the event that actual costs are lower than the esllmated costs. Zone Three - All reIllal.l1lng property owners ln the d1stnct shall be assessed 56,19% of the total costs pro-rated based on assessed value of property as of the date of passage and adopoon of the assessing ordinance ($286,300.00 of the esllmated $509,500.00 total costs) 9. That, except as proVlded herein, no substanl1al changes need to be made to the distnct, prelirmnary plans, spectfications, or eSllmales as descnbed In the Resoluoon 10 That the Clly Engmeer shall combine Into swtable construcl1on units the proposed localllllprovements which have been approved . . e 11 That there shall be prepared and submitted to the Clly CouncIl an ordinance authonzing the creaoon of the d1stnct and the construcnon of the proposed Improvements (.- 0' IN \VITNESS WHEREOF, I have subscnbed my name, t1us..!:....f:.. day of October, 1991. ," / / -1,1 i //1 /'j/~ ~, i .v;,;,r.{" L. / V./j ~!Af Amy MargeJium, CIty Manager 1,-" 1,-,'