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HomeMy WebLinkAboutordinance.council.054-91 \It.. t'", ,~, \1<\ I?,'~'".", " I) . \\, ' "'. i" ~ ' \\< ORDINANCE NO. ~ (Series of 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CREATING THE LOWER UTE A VENUE IMPROVEMENT DISTRICT NO. 1992-1, 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 IMPROVE- MENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS, AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, pursuant to Resolution No. 33, Series of 1991, passed and adopted on August 12, 1991, and Resolution No. 39, Series of 1991, passed and adopted on September 23, 1991, 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, street lighting, storm drainage, 1andscapping, and other pedestrian amenities, including the reconstruction, replacement, renewal or extension of same, and to assess Par:t of the cost of the improvements against properties specially benefited by the improvements and included within the district, subject, however, to protest by persons constituting the owners of the property to be assessed for more than 50% of the proposed improvements; 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 twenty (20) 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 "It' i\ti" .. \\. 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 she considered proper and has caused an ordinance authorizing the creation of the district and the construction and installation of the proposed improvements, 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 a revised district to include only the area commonly referred to as the Lower Ute Avenue Improvement District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY r(. OF ASPEN, COLORADO: Section 1. Creation of District. That a special improvement district for the construction of street paving and widening, storm drainage, 1andscapping, and lighting, is hereby created and established in accordance with the City Charter, Article VII, Chapter 19 of the Municipal Code, and Section 31-25-501, et seq., of the Colorado Revised Statutes, and shan be known and designated as the "Lower Ute Avenue Special Improvement District 1992-1". All proceedings heretofore taken and adopted in connection with the district are hereby ratified, approved and confirmed. Section 2. AD1Jroval of En!!ineering Plans. That the Engineer's preliminary plans, specifications, estimates of cost, maps and schedules for the proposed improvements, are hereby approved and adopted. ,lA,'"""" \%_. Section 3. Boundary of District. The real property to be included within the district and benefited by the proposed improvements, includes the property within the boundaries as 2 --- Ie'"",,,' t' . "i), depicted in the attached map appended hereto as Appendix "A" and by this reference incorporated herein as if fully set forth here. The area is generally bounded on the north-west comer by the intersection of Ute A venue and Spring Street; the north-east comer by The Gant; the south-east comer by the intersection of Ute A venue and the abandoned right of way of the D&RGW Railway, Aspen Mountain Spur; and the south-west comer by the southern terminus of the Aspen Alps Road. By way of further description, the district generally includes thefo1- lowing properties: The Aspen Alps, The Aspen Alps West, The Aspen Alps South, The Aspen Alps West, Glory Hole Park, The Gant (to and including Ute Place), Lot 1 of the Hoag Subdivision, Aspen Chance, portions of the 1001 Lode subdivisions, the Clarendon, and the Black Swan Hall. Section 4. Description of Imorovements. That the kind of improvements .. contemplated are as follows: Street paving, street lighting, storm drainage, landscapping, and other pedestrian amenities, including the reconstruction, replacement, renewal or extension of same. Section 5. Improvements Authorized. That the construction and installation of the improvements in and for the district, as shown by the preliminary plans, specifications, estim<ites of cost, maps and schedules thereof, prepared by the Engineer and approved and ordered by the City Manager 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. That the estimated total cost of the improvements ~a., to be constructed and installed is $286,300.00, including construction, engineering, fiscal, legal and administrative costs. Such estimate excludes the additional cost of inspection, collection, 3 '~e' .' ''',',' " '\'; -'\'. .. '.... ~a", \~ other incidentals and interest on the bonds issued to the time of payment of the first installment of assessments, all as provided by Article VII, Chapter 19 of the Municipal Code. The method of assessment for the cost of the improvements shall pro-rated based on assessed value of property as of the date of passage and adoption of the assessing ordinance. Section 7. Payment of Assessments. The assessments to be levied for the cost of the improvements shall be due and payable within thirty (30) days after adoption and passage of the assessing ordinance. However, all such assessments may be paid, at the election of the owner, in not more than ten (10) 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. Special Improvement Bonds. Pursuant to the City Charter, Article VII, Chapter 19, of the Municipal Code, and Section 31-25-534, C.R.S., 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, and as authorized by an ordinance to be passed by the City Council at a later date. Section 9. Construction Bids. The Director of Public Works is hereby authorized to advertise for bids to construct such improvements in the time and manner required by the City Charter, Article VII, Chapter 19 ofthe Municipal Code, and Sections 31-25-516 and 31-25-518, C.R.S., which advertisements may run concurrently with the publication of this Ordinance. Section 10. Findin!!s of City 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 4 1&'1,.', ' ~, -. "C"_ ,a 1'0. - 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 VII, Chapter 19 of the Municipal Code, and that protests were not presented by the owners of a majority of all property benefited and constituting the basis of the assessments. Section 11. Repealer. All ordinances or resolutions, or parts thereof, in conflict herewith are hereby repealed, but only to the extent of such conflict. Section 12. Severability. That 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 seperate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. A public hearing on the ordinance shall be held on the L3- day of ~ t.t2A'7/ i/ 19~ 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 ~ day of ~e~ n<-~fI.~ , 1991. ~ 5. (~~_. John . Bennett, Mayor ATTEST: ~ 1&.' % ", '" ' Kathryn S. 5 elf " \If \-'. "'< a." &,",'" "" ~\" . $,",-',,'.,' t;V " --- FINALLY adopted, passed and approved this /3 y~? ,19~ ATTEST: ~""~"".,'., / 1)If~ Kath~ Clerk uteordll.ord day of ~),6~ John sf Bennett, Mayor --... 6 ~ ~ ~ ~ ::.:' ~ -- " " , , -::.,- '-:!Ir '":':Itin A.'E^<<, \\\ \ \ ~i~~'I__;' ',1- ~~ "'- ~ . ,. ~ \\\ , , , " ~ ---~ --- --- . i;' Z\l . \ f , I ;:'1~ c::;::; '--:J: '. , THE GANT e ,@ "- ..Ik.CALEC~~Q.' () << ~ H o :z; I'iI P< P< << ~-- .". "::..," ,..::- f \ , , '\ ..;,. , ':'1~ , ." f.&!"--f. -...~__ -t=.....~... "~~'.,.-,:: ''::1,- l . .. " "':ll~' "':It.-- _~I_- "'.,;'... ":'.~. ,:;: '" ~t~__ _ _.~: _~~_ ~\r;:.;..~.t;k..:lt ~ I " ' , I , , [ill" ' :' J =t . ---"Tl I ::1 ~ I ~~1~..::~-_~ n i ..~ , , rr";1,- ~~ " . " < "I ~ . '" " [ , @ N~ . EXHIBIT \W. N tJj ~' ~ . l~ r ~ W I- ~ ~ ... W ,.,~ (,) \lI~ w ... l- .::> LOWER UTE AVENUE IMPROVEMENT DISTRICT '.'i" ,y .. "< ~,''\\""" "., --- J, NICHOLAS MCGRATH, p,c. A Professional Corporation Attorneys At Law J. Nicholas McGrath* Michael C. Ireland December 11, 1991 600 East Hopkins Avenue Suite 203 Aspen. Colorado 81611 Telephone (303) 925-2612 Telecopler (303) 925-4402 Mayor and Council City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Ute Ave Improvement District (Lower) Dear Mayor and Councilmembers: On Monday we are at the end we hope of a several year process initiated by my client, Ute Place Homeowners Association to make some modest improvements to lower Ute Avenue. The lower Ute district covers from Glory Hole Park to the end of Ute Place. The improvements include: repaving of a deficiently paved street, undergrounding of utilities, a modest widening, better shoulders for parking, some drainage improvements, a few street lights, some signs, some landscaping, and a better bicycle and pedestrian path. The improvements will improve the appearance of lower Ute Avenue, and make it a bit more safe, for cars, pedestrians, bicyclists, etc, A colored map is attached for council purposes (we'll have extras at the hearing). The cost of these improvements will be about $270,000 in both hard construction costs and soft costs such as bonding, Taxpayers will pay over a ten year period. With over 300 property owners and $24,600,000 in assessed value, the cost per taxpayer will be relatively smalL There is no cost to the City, as you know. The formula is by assessed value, and the City is assessed at zero for Glory Hole Park and Ajax Park, since it does not pay taxes. Those properties are about 14 per cent ofthe district by linear foot, but our planning suggested not having the City pay anything would likely be more successful for district formation purposes. This has been the subject of at least three public hearings, and. no remonstrances, or official opposition, have been filed. Your staff supports this district as well. We would appreciate your vote of approvaL Sincerely yours, J. NICHOLAS MCGRATH, P,C, kJ ul.J.-",""'" By J. Nicholas McGrath "Member, Colo. (1971). Calif. (1969), and D.C. (1966) bars