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RESOLUTION NO. ~
(Series of 1987)
A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT
COMMONLY REFERRED TO AS "UTILITY UNDERGROUND DISTRICT NO.1",
WITHIN THE BOUNDARIES OF THE CITY OF ASPEN FOR THE PURPOSE OF
CONVERTING EXISTING OVERHEAD ELECTRIC AND COMMUNICATIONS FACILIT-
IES TO UNDERGROUND LOCATIONS; ADOPTING THE DETAILS AND SPECIFI-
CATIONS THEREFOR; AND ORDERING PUBLICATION AND MAILING OF NOTICE
OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR THE
IMPROVEMENTS IN SAID DISTRICT.
WHEREAS, the City Council of the City of Aspen, Colorado,
has determined to create a local improvement district pursuant to
the provisions of the Colorado Underground Conversion of uti1i-
ties Act (29-8-101 Colorado Revised Statutes, et seq.), and to
provide for the relocation of overhead electric, television, and
telephone communication facilities to underground locations and
to assess the cost against the property benefited and included
within the Improvement District; and
WHEREAS, the City Council has heretofore adopted a
resolution directing the public utilities who provide and serve
the proposed district with electric and communication facilities
and service to make a study of the cost of conversion of the
facilities to underground services; and
WHEREAS, the public utility companies, pursuant to said
resolution, have caused Banner Associates, Inc. to prepare a
joint report setting forth the costs and feasibility of the
proposed project, which report has been filed with the City
Clerk; and
WHEREAS, the city council has examined and considered the
joint report by the public utility companies;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1
That the joint report by the above mentioned utilities,
setting forth an estimate of the costs and feasibility for the
conversion of existing overhead electric and communication
facilities to underground service, prepared and filed with the
City Clerk, be and the same is hereby approved and adopted for
use in the construction of the improvements to be made in said
Improvement District.
section 2
That the removal of all and any part of the existing
electric and communications facilities, including but not limited
to, overhead electric, television, or telephone communicat-
ions facilities and the replacement thereof with underground
electric and communication facilities will promote the public
convenience, necessity and welfare.
section 3
That the property to be assessed for said improvements shall
be the property included within the District boundaries, as
depicted by that area designated in Exhibit "A", annexed hereto
and incorporated herein, and specially benefited by said improve-
ments; the area and boundaries of the proposed improvement
district begin as follows:
Beginning at a point where the easterly end of Durant
street, City and Townsite of Aspen, intersects the Roaring
Fork River; thence north following the centerline of the
Roaring Fork River to the intersection of the Roaring Fork
River and Castle Creek; thence south following the center-
line of Castle Creek to the centerline of state Highway 82;
thence east following the centerline of state Highway 82 to
the westerly boundary of the original Townsite of Aspen
extending from Corner Point 6 to Corner Point 7; thence
south following the westerly boundary of the original
Townsite of Aspen to Corner Point 7; thence east following
the southerly boundary of the original Townsite of Aspen to
the centerline of Garmisch street; thence north following
the centerline of Garmisch street to the centerline of Main
street; thence east following the centerline of Main street
to the centerline of Spring street; thence south fOllowing
the centerline of Spring street to the centerline of Durant
Street; thence east following the centerline of Durant
Street to the point of origin described above.
section 4
That the costs and expenses of the District created are,
except as otherwise provided for, to be levied and assessed upon
the abutting, adjoining, and adjacent lots and lands along or
upon which improvements are to be made, and upon lots and lands
benefited by such improvements as depicted in Exhibit "B", as
annexed hereto and incorporated herein.
section 5
The improvements shall consist of removing overhead electric
and communications facilities, including but not limited to,
electric, television, and telephone communication poles, lines
and other equipment, and replacing the same with underground
electric, television, and telephone communication facilities,
except certain terminal and utility boxes or pedestals, which
will be above ground, and including all necessary changes to the
service entrance equipment of each structure and residence. The
lines will be installed in trenches and ditches which will be
placed across present easements and across those lots and tracts
of land as the public utility companies shall determine necessary
and feasible for the location of such underground lines, and as
shown on the reports presently on file with the City Clerk.
The City Council has determined that special benefits will
accrue to each lot and tract of land within the District as a
result of the relocation of utility lines and equipment, such
benefits consisting of the elimination of unsightly lines and
poles, and for the greater safety of the residents, particularly
children, within the District.
Section 6
That the present total estimated cost of the proposed
removal of all existing overhead electric and communication
facilities within the District, and the replacement of the same
with underground electric, television, and telephone communi-
cation facilities is the amount of four hundred eight-eight
thousand, eighty dollars ($488,080).
section 7
A public hearing on the proposed improvements and the
question of benefit to be derived by the real property in the
District shall be held by the City Council at 5 o'clock p.m. on
September 28, 1987, in the city Council Chambers, Aspen City
Hall, 130 South Galena Street, Aspen, Colorado.
section 8
The City Clerk shall cause notice of the proposed improve-
ments and the hearing thereon to be published in full one time in
the Aspen Times, a newspaper of general circulation in the City,
specifically, on September 3, 1987. In addition, the City Clerk
shall cause a copy of the notice to be mailed to the last known
address of each owner of land within the proposed district whose
property will be assessed for the cost of the improvement
utilizing the address last appearing on the real property records
of the Pitkin county Treasurer; and also, a copy of such notice
to be addressed to "owner" and shall be so mailed, addressed to
the street number of each piece of improved property to be
affected by the assessment. Both written notices shall be mailed
to the owners of affected property within the District no later
than September 12, 1987.
The Notice to be published and mailed as herein depicted
shall be in sUbstantially the following form:
NOTICE OF INTENTION TO CREATE A LOCAL IMPROVEMENT
DISTRICT, COMMONLY KNOWN AS THE "UTILITY UNDERGROUND
DISTRICT" IN THE CITY OF ASPEN, COLORADO, FOR THE
PURPOSE OF REMOVING EXISTING OVERHEAD ELECTRIC AND
COMMUNICATIONS FACILITIES, AND TO REPLACE THE SAME WITH
UNDERGROUND ELECTRIC AND COMMUNICATION FACILITIES, AND
NOTICE OF A HEARING THEREON.
(a) All owners of real estate and property hereinafter
described, and all persons generally, are hereby notified that
there was filed with the Clerk of the City of Aspen, Colorado, a
joint report prepared by Banner Associates, Inc. on behalf of
Aspen Electric, Holy Cross Electric, Inc., Mountain Bell Tele-
phone and Canyon Cable T.V. as to the cost and feasibility of the
removal of existing overhead electric and communications facil-
ities and replacing the same with underground electric and
communications facilities within a proposed underground local
improvement district within the present boundaries of the City of
Aspen, to be known as Local Underground District No.1. Said
persons are further notified as follows:
(B) The boundary of the District shall be as depicted by
Exhibit "A", and is as follows:
Beginning at a point where the easterly end of Durant
Street, City and Townsite of Aspen, intersects the
Roaring Fork River; thence north following the center-
line of the Roaring Fork River to the intersection of
the Roaring Fork River and Castle Creek; thence south
following the centerline of Castle Creek to the
centerline of State Highway 82; thence east following
the centerline of State Highway 82 to the westerly
boundary of the original Townsite of Aspen extending
from Corner Point 6 to Corner Point 7; thence south
following the westerly boundary of the original
Townsite of Aspen to Corner Point 7; thence east
following the southerly boundary of the original
Townsite of Aspen to the centerline of Garmisch street;
thence north following the centerline of Garmisch
street to the centerline of Main street; thence east
following the centerline of Main street to the center-
line of Spring street; thence south following the
centerline of Spring street to the centerline of Durant
Street; thence east following the centerline of Durant
Street to the point of origin described above.
(c) The improvements shall consist of trenching, under-
grounding electric, telephone and cable facilities and back-
filling the same, except certain terminal and utility boxes of
pedestals which shall be above ground, and including all necess-
ary changes to the service entrance equipment of each structure
and residence, all as more particularly set forth in the joint
cost and feasibility report. The lines will be installed in
trenches and ditches which will be placed across present ease-
ments and across those lots and tracts of land as the public
utility companies shall determine necessary and feasible for the
location of such underground lines.
The City council has determined that special benefits will
accrue to each lot and tract of land within the District as a
result of the removal and replacement of utility lines and
equipment, such benefits consisting of the elimination of
unsightly lines and poles, and for the greater safety of the
residents, particularly children, within the District.
(d) The estimated total cost of the project as determined
from the joint cost and feasibility report by the affected public
utilities and including the cost of the improvement, engineering
and clerical services, advertising, inspection, collection of
assessments, interest on bonds, and for legal services for
preparing proceedings and advising in regard thereto, is the
amount of four hundred eighty-eight thousand, eighty dollars
($488,080) .
(e) It is proposed that the cost of the project shall be
paid and assessed as depicted in Exhibit "B". In the event the
actual conversion and incidental costs are less than the esti-
mated conversion and incidental costs, each owner within the
improvement district shall receive the benefit prorated in such
form and at such time as the Council may determine.
(f) A public hearing on the proposed improvements and the
question of benefit to be derived by the real property in the
District shall be held by the City Council at 5 o'clock p.m. on
September 28, 1987, in the City council Chambers, Aspen City
Hall, 130 South Galena Street, Aspen, Colorado.
(g) Any interested person desiring to be heard upon the
issue of the creation of the District and the question of whether
the owner's property will be benefited by the proposed improve-
ments may appear at the time and place set for the public
hearing. Every person who owns real property within the
boundaries of the District, and who fails to appear before the
City council at the hearing and make any objection he or she may
have to the creation of the District, the making of the improve-
ments and the inclusion of his or her real property in the
District, shall be deemed to have waived such objection. Such
waiver shall not, however, preclude his or her right to object to
the amount of the assessment at the assessment hearing, at a
later date.
(h) The public utilities performing the conversion shall,
at the expense of the property owner, convert to underground all
electric and communication facilities located upon any lot or
parcel of land within the improvement district and not within the
easement for distribution. This shall include the digging and
the back filling of a trench upon such lot or parcel, unless the
owner executes a written objection thereto and files the same
with the City Clerk not later than the date of the public hearing
on the proposed improvement and the question of benefits to be
derived by the real property in the district. Failure to file
such written objection shall be taken as a consent and grant of
easement to the public utilities and shall be construed as
express authority to the public utilities and their respective
officers, agents and employees to enter upon such lot or parcel
for such purpose, and, through failure to object, any right of
protest or objection with respect to the doing of such work shall
be waived. If an owner does file such written objection, he or
she shall then be responsible for providing a trench which is in
accordance with applicable rules, regulations, or tariffs from
the owner's service entrance to a point designated by the public
utility and for backfilling a trench following the installation
of the underground service by public utility involved.
In any event, the cost of any work done by the public
utility shall be included in the assessment to be levied upon
such lot or parcel. Should a written objection be filed, the
owner involved shall be obligated for, and the public utility
entitled to, paYment for the actual cost for such work accom-
plished upon the owner's property by the public utility; such
amount shall be less than the cost if the public utility had
performed the trenching and backfilling. Further, the owner
shall, at his or her own expense, make all necessary changes in
the service entrance equipment to accept the underground service.
Any lot or parcel is subject to disconnection of electric,
television and telephone service if the owner or person in
possession of such lot or parcel:
(1) prevents entrance upon the lot or parcel for
conversion purposes;
(2) fails to provide an acceptable trench and backfill
after filing an objection pursuant to Section 29-
8-133, Colorado Revised Statutes; or
(3) otherwise fails to provide for underground service
connection to his property in a manner satis-
factory to the pUblic utilities involved.
All owners of land within the district may file written
request for inclusion of the cost of conversion of utility
facilities upon their property.
(i) A copy of the joint report, resolution # ~ enacting
the district, and all resolutions and proceedings are on file and
can be seen and examined by any interested person at City Hall,
at any time during business hours on or prior to the date of
hearing.
section 9
Nothing in this resolution shall be construed to affect any
right, duty or liability under any resolutions in effect prior to
the effective date of this resolution, and the same shall be
continued and concluded under
DATED:
J-'I~/
day of
such prior resolutions.
a<?wr , 1987.
%~
william L. Stirling, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held tL~ /'1-- , 1987.
tl
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Kathryn Koch, City Clerk
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EXHIBIT B
CITY OF ASPEN
UNDERGROUNDING SERVICE DISTRICT
COST ESTIMATE SUMMARY
AUGUST 10, 1987
-----------------------------------------------------------------
-----------------------------------------------------------------
Service
Area
No. Service
Connections
Estimated
Construction
Cost
Overhead Total
and
Contingency
-----------------------------------------------------------------
Hest End 350 234,822 69,853 304,675
East End 54 58,670 17,095 1'5,765
Jerome Area 24 24,565 7,745 32,310
-----------------------------------------------------------------
Aspen Total 428 318,057 94,693 412,750
HCEA Area 97 83,875 25,215 109,090
DISTRICT TOTAL
525
401,932
119,908
521,840
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