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RESOLUTION NO. ~
(Series of 1990)
A RESOLUTION DETERMINING THAT THE FORMATION OF A LOCAL IMPROVE-
MENT DISTRICT COINCIDING WITH AREAS "A" & "B" AS DEPICTED IN
EXHIBIT "A" IN A DISTRJ;CT WITHIN THE CITY'S BOUNDARIES, AS
PRESCRIBED IN THE COLORADO UNDERGROUND CONVERSION OF UTILITIES
ACT (29-8-10l C.R.S., AS AMENDED) WILL PROMOTE THE PUBLIC CONVEN-
IENCE, NECESSITY AND WELFARE.
WHEREAS, the city Council of the City of Aspen, Colorado
hereinafter ("city"), deems it in the public interest to form a
local improvement district within the with city boundaries, as
depicted by areas "A" & "B" in Exhibits "A" as incorporated
herein and made a part hereto, for the purpose of converting
overhead electrical and communications service lines to
underground service pursuant to The Colorado Underground
Conversion of utilities Act; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
Pursuant to 29-8-10l C.R.S., as amended, City hereby
determines that the formation of a local improvement district for
the purposes set out in the Colorado Underground Conversion of
utilities Act will promote the pUblic convenience, necessity and
welfare,
Section 2
The city herein requests each public utility serving the
above mentioned district within the boundaries of the City of
Aspen by overhead electrical or communication facilities to make
a study of the costs of conversion of its facilities in such area
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to underground service, and the City Manager is instructed to
submit this resolution to each utility.
section 3
The costs and expenses of undergrounding such utilities will
be levied and assessed upon the property benefited by such
undergrounding.
Section 4
Each pUblic utility utilizing overhead electric or communi-
cation facilities within the proposed district shall be provided
with the name and address of the owner of each parcel or lot
within the proposed improvement district, if known, and if not
known, the description of the property and other such matters as
may be required by the public utility in order to perform the
work involved and the costs study; or, each of the affected
public utilities utilizing electric or communication facilities
within the proposed district may, by unanimous agreement,
delegate the responsibility to a consultant approved by the city.
Section 5
A report of said study will be filed with the city Clerk
within one hundred and twenty (120) days from the adoption of
this resolution and will be made available in the offices of the
City and the affected utilities to all owners of land within the
proposed improvement district.
Section 6
The city Council's preliminary determination as to the
method of assessing each lot or parcel within the district is to
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assess the actual cost, including but not limited to, the cost of
trenching and backfilling and the administrative costs of the
district.
Dated:
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, 1990.
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William L.
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
Colorado, at a meeting held ~A ~
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city of Aspen,
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, 1990.
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EXHIBIT
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MEMORANDUM
Thru:
Mayor & City Council
Bill Efting, Acting City ManagerJ6~
Bob Gish, Public Works Director~~~
Chuck Roth, Interim City Engineer e~
January 2, 1990
To:
Thru:
From:
Date:
Re:
First Resolution for Undergrounding District No. 2
SUMMARY:
staff recommends that the Council adopt this resolution in order
to proceed with the undergrounding of aerial utiliti~s within
city limits.
COUNCIL GOALS:
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This responds to a stretched interpretation of goal number 5,
improving air quality by not having wires in the air and not SOl
stretched by being more sensitive to nature so that our visual
planes are not intruded upon by aerial utility wires and poles.
This responds to goal number 10 as an improvement for our
appreciation of open space unfettered by views of wires and
poles. It responds to goals number 11 and 15 by working with
residents of the city who are anxious to see their neighborhoodl
aerial utilities undergrounded.
PREVIOUS COUNCIL ACTION:
At the regular Council meeting of December 11, 1989, Council
directed staff to proceed with forming an improvement district
for burying service connections to portions of the Holy Cross
Electric service area which Holy Cross has offered to under-
ground.
BACKGROUND:
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The undergrounding of aerial utilities has been in p~ogress since
1976 when the commercial core was undergrounded. This past
construction season of 1989 was the conclusion of the project
which undergrounded all remaining portions of the City Electric:
system and some portions of the Holy Cross Electric system. HCJly
Cross has offered to underground its primary facilities in the
Cemetery Lane area and at the base of Aspen Mountain.
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PROBLEM DISCUSSION:
The procedure for forming an aerial utility undergrounding
improvement district was developed for Undergrounding' District
No.1. This district is formed as a mechanism to enable the City
to perform work on private property and as a mechanism for
providing cost repayment through an assessment on property taxes.
ALTERNATIVES:
The alternative is to leave the existing aerial utilities in
place.
FINANCIAL IMPLICATIONS:
It is anticipated that each of the utilities will be bearing the
costs of undergrounding their primary facilities. The customers
will bear the costs of burying their services. The City will
have about five services to bury: the shop at the water plant,
the housing at the water plant, the Marolt house and barn, and
the parks office. The preliminary estimate is that the cost to
the City of burying these service connections should be less than
$10,000. This cost can be paid from the remaining balance of the
electric system improvement project.
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RECOMMENDATION:
Staff recommends that Council pass this resolution in order to
proceed towards the goal of having all aerial utilities buried
within city limits.
PROPOSED MOTION:
I move to adopt resolution number cQ
CITY MANAGER RECOMMENDATIONS:
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memo_90.2