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HomeMy WebLinkAboutresolution.council.005-90 RESOLUTION NO. ~ (Series of 1990) A RESOLUTION DETER~INING THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT TO BE REFERRED TO AS THE "UTE AVENUE IMPROVEMENT DIS- TRICT'', PURSUANT TO ARTICLE 7, IMPROVEMENTS, LOCAL PUBLIC" OF THE ASPEN MUNICIPAL CODE, AS THESE BOUNDARIES WILL PROMOTE THE PUBLIC CONVENIENCE, NECESSITY AND WELFARE WHEREAS, the city Council of the City of Aspen, Colorado (hereinafter "City")~ deems it to be in the public interest to form a local improvement district within the City boundaries, to be referred to as the "Ute Avenue Improvement District", as depicted by Exhibit "A" as incorporated herein and made a part hereof, for the purposes of providing streetscaping, and related matters, pursuant to Article 7 of the Aspen Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Pursuant to Article 7, Section 19-153, Initiation of Improvement, the City hereby determines that the formation of a local improvement district for the purposes of providing street- scaping and related matters will promote the public convenience~ necessity and welfare. Section 2 The City hereby directs the City Engineer to make a study of the costs of the improvements, to make a detailed estimate of the total cost of improvements, a detailed estimate of the cost of each major type of improvement, the estimated time of construc- i .~~ tion, the full details and specifications of construction of the proposed improvements, which details and specifications shall permit and encourage competition among bidding and a map showing the real property ownership which is expected to be assessed the full cost of the improvements. Section 3 The costs and expenses of such improvements will be levied and assessed upon the property benefitted by such improvements° Section 4 These improvements shall be initiated by order of the City Council subject, however, to protest by landowners of more than fifty percent (50%) of all property benefitted constituting the basis of an assessment for this as the City Council may deter- mine. Section 5 The cost of the improvements are to be assessed wholly upon the property benefitting and the costs shall be assessed in proportion to the benefits received. Section 6 A public hearing on the proposed creation of the Ute Avenue Improvements District and the question of the benefit to be derived by the real property in the district shall be held by the City Council at 5:00 p.m. on April 26 1990, in the City Council Chambers, Aspen City Hall, 130 South Galena Street, Aspen, Colorado. Section 7 The City Clerk shall cause notice of the proposed improve- ment district and the hearing thereon to be published in one issue of a newspaper of general circulation in the City, the publication to be at least fifteen (15) days prior to the date of the hearing. The same notice appearing shall be mailed by first class mail to the owners of record of all real estate within the proposed district who are to be assessed for the cost of the improvements, as such owners of record are determined by reference to the current records in the office of the County Assessor as such records are kept by that official for the purpose of performing the function of the County Assessor. Section 8 The mailed notice shall be mailed on or about the date of the publication of the notice of hearing. The notices shall specify the kind of improvements which are proposed; the property to be included within the district and benefitted by proposed improvements; the proposed methods of assessment; the manner of payment therefor including the proposed number of annual install- ments; the date, place and time for hearing written remonstrances to the proposed improvements; and that a map and schedule showing the approximate cost of the improvements is provided by the estimates of the City Engineer are on file and can be seen and examined by any interested person at the office of the City Clerk or other designated place before the date of hearing. The Notice to be published and mailed as herein parted shall be in substantially the following form, subject to such modifica- tions as may be necessary: NOTICE OF INTENTION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN THE CITY OF ASPEN, COLORADO, FOR THE PUR- POSE OF PROVIDING STREETSCAPING AND RELATED MATTERS 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 report by City Engineer, as to the cost and feasibility of the the streetscaping, lighting and related matters within a proposed local improvement district within the present boundaries of the City of Aspen, to be known as Local Improvement District No. Said persons are further notified as follows: (b) The boundary of the District shall be as depicted in Exhibit "A", as annexed hereto and incorporated hereof. (c) The improvements shall consist of streetscaping, im- proved drainage, lighting and related matters in the District as further detailed in the cost and feasability report as may be determined necessary and feasible. 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 proposed improvements, such benefits consisting of imroved drainage, sidewalks and lighting and for the greater safety of the residents, particularly children, within the Dis- trict. (d) The estimated total cost of the project as determined from the cost and feasibility report 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 (e) It is proposed that the cost of the project shall be paid and assessed against all property within the District con- sistant with the provisions hereinbelow. (i) The cost of constructing and installing the pro- posed improvements including the incidental costs set forth in paragraph d) above, is the amount of This cost shall be assessed against the real property in the district according to the benefits to be derived by each tract and lot within the district. (ii) In the event the actual improvement and incidental costs are less than the estimated improvement and incidential 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 hearing on the proposed improvement and the question of benefits to be derived by the real property in the district, will be held by the City Council at 5:00 o'clock p.m. on April 26, 1990, at 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 his or her property will be benefited by the proposed improve- ments, may appear at the time and place set for the public hear- ing. Every person who has 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 improvements 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) A copy of the report, and all resolutions and proceed- ings 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 The boundary of the district shall be depicted by Exhibit Section 10 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 benefitted by the proposed improvements may appear at the date and time set for the public hearing. Every person who owns real property within the boundaries of the district and 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 improvements 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 assess- ment at the assessment hearing at a later date. Dated: /~~ ~ , 1990. William L. St~rlin~ M~or 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 t?~/~L~// ~ , 1990.