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Home My WebLink Aboutresolution.council.033-91 . RESOLUTION ~O ~") (Senes of 1991) A RESOLUTIOK DECLARING THE INTENTION OF THE CITY COUNCIL OF ASPEN, COLORADO, TO CREATE A SPECIAL lM.PROVEMENT DISTRICT Dl THE CITY, TO BE DESIGKATED AS THE UTE AVENUE lM.PROVEMENT DISTRICT KO, 1991-1, ADOPTING DETAILS A.'ID SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERIKG PUBLICA TIOK AND MAll..IKG OF THE NOTICE OF HEARIKG TO THE O~RS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS lli THE DISTRICT WHEREAS, [he CIty CouncIl of Aspen, Colorado, has detemuned that it is necessary IO create a specIal improvement d.1stnct Mth1n the CIty as eVldenced by passage of Reso1ut::on ~o 5, (Series of 1990), for the purpose of proVlding streetscaping and related rmprovements and matters, and to assess part of the cost of the rmprovements ag8.lllst the properties speClally benefited by the rmprovements and 11lc1uded Wltlun the d.1strict; and e \VHEREAS, pursuant to Charter of the CIty and Artlc1e VII of Chapter 19 of the :'v1uDlclpal Code the City CounCIl has determined IO construct and install such rmprovements, - subject, however, to protest by the landowners of more than fUty percent (50%) of all property benefited and const::tuting the basIS of the assessment, as the City Council may determme; and \VHEREAS, the City Engineer has caused to be prepared and has filed preliminary plans, specificatIOns, esnmates of cost, maps and schedules for the proposed improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUKCIL OF THE CITY OF ASPE~, COLORADO. 1. That the CIty CounCIl has detemuned there exists a necessity for the constructIOn and ll:stallatlOn of Lh.e Improvements which are more particularly described 111 the not::ce of hearmg, and to create a specialrmprovement district for such purpose - e ,- 2, That the Eng1Ileer's reports, together with the prelmlinary details, specifications, estnnates of cost, maps and schedules prepared and filed Wlth the CIty Clerk be and the same are hereby appro\ ed and adopted by the CIty Council for use In the constructJon and lnstallallOn of [he rmprovements to be made in said rmprovement d.1stncts. 3 That all assessments to be leVIed against the real property to be 11lc1uded wllhm the distnct for saId unprovements, shall be due and payable within tIurty (30) days after the publicatIOn of the assessing ordmance after lls passage Provided, however, that at the e1echon of the owners, such assessments may be paid 111 not more than ten equal annual 11lstal1ments The installment shall be payable annually WIth 11lterest on the unpaid assessment at a rate as determined by the City Council. The number of installments, penods of payment and rate of interest shall be determined and fixed by the City Council In the assess11lg ord.1nance 4 That the property to be assessed for SaId improvements shall be the property specially benefited by Said rmprovements and 11lc1uded witlun the rmprovement d.1stncL and more particularly descnbed 111 the nohce hereinafter set forth 5 That follOWIng the hearmg for the purpose of consldenng the deSlTabihty of and Ihe need for the proposed rmprovements, and subject to the hmitation Wlth respect to wntten remonstrances, the City Manager of the CIty of Aspen shall enter an order approVlng those improvements wluch s/he conSIders proper and disapproving those proposed rmprovements which s/he conSIders improper The CIty Manager shall then cause to be prepared and submltled to the Clly CounCIl an ordinance authorizing the creation of the distnct and the constructlon of the Improvements It IS anticIpated that the ordinance Wlll be conSIdered on first readmg by the ClIy Council at the regular meetlng to be held on September 1 7, 1991 6 Kotice of the proposed rmprovements and of a hearmg by the CIty Manager (or hls/her authonzed representative) shall be given by publicanon 111 one (1) Issue of the Aspen 2 - - e TImes, a newspaper of general clIcu1atJon In the City, the publ1cation to be at least fifteen (15) days prior to the date of the hearing The same notice of heanng shall be mailed by first class mall on or aboUI the date of publication of the notice, to the owners of record of all real estate wIthin the proposed d.1stnct who are to be assessed for the cost of improvements The notIce shall be in substantially the follOWing form: KOTICE OF THE INTEI\'TIO~ OF THE CITY OF ASPEN, COLORADO, TO CREATE A SPECIAL I:'v1PROVEMEm DISTRICT IK ASPE~, COLORADO, TO BE :!C:'!OWN AS THE VTE AVENl,"'E I'vlPROVEMENT DISTRICT ~O 1991-1, FOR THE PURPOSE OF COKSTRUCTDlG AKD L"lSTALLDlG CERTAIK LOCAL PUBLIC IMPROVEME~S, TOGETHER \\TTH NECESSARY IKCIDEmALS, AND A PCBLIC HEARIKG THEREOK AJI owners of real property here11lafter descnbed, and all persons generally, are hereby notIfIed that the Clly Council of Aspen, Colorado, pursuant to lIS order has adopted prellIDl- nary details, plans and specificaTIons for construcnon and installatIOn of Ihe local pubhc Improvements descnbed below, 111 and for a proposed specIal Improvement d.1stnct wHhm the corporate 11111its of Aspen, Colorado, to be known as the UIe Avenue Improvement Dlstnct ~o 1991-1 Said persons are further notified as follows. (a) The kind of improvements whIch are proposed to be constructed or Installed are, StreeIscaplng to Include, but not l1rmted to, new paVlng and v"ldening, Dra11lage improvements, and I1ghnng (b) Streets on whIch rmprovements will be constructed and installed WIthin the boundary of the d.1strict Include the following, Cte Avenue (c) The real property to be Included Wllhm the dlstnct and benefited by the proposed Improvements, includes generally the area bounded on the north-west corner by the 11ltersection of Ute Avenue and Spring StreeI, the north-east corner by The Gant. the south-east corner by the 11ltersechon of Cte Avenue and the abandoned nght of way of the D&RGW Railway. Aspen Mounta11l Spur, and the south-west corner by the sourthern terrmnus of the Aspen Alps Road By way of further descnpnon, the distnct generally Includes the follow- Ing propernes The Aspen Alps, The Aspen AJps West, The Aspen AJps South, The Aspen AJps West. Glory Hole Park, The Gant (to and I11cludlng Ute Place), Lot 1 of Ihe Hoag SubdlVlslOn, Aspen Chance, portions of the 1001 Lode subdlVlslOns, AJax, the Clarendon, and Black Swan Hall 3 . (d) The proposed method of assessment IS as follows. Pro-rata based on assessed value of property as of September 1, 1991 (e) The esnmated total cost of the improvements to be constructed and installed IS two hundred seventy thousand dollars ($270,000,00), 11lclud.1ng construction, engineenng, fiscal, legal and acl.mm.1strative costs Such esnmate excludes the SIX percent (6%) additional for the cost of 11lspecnon, collection, orner inCIden- tals and 11lterest on the bonds issued to the nme of payment of the first 11lstall- ment of assessments, as proVIded by Section 19-160 of the :'v1uniclpal Code (f) Property owners are specifically referred to the schedule of proposed assess- ments whIch will be on file In the office of the City Eng1Ileer, from wluch the approXlmate amount to be assessed against any partlcular parcel may be detemuned (g) e All assessments shall be due and payable WIthout demand wiIhin thirty (30) days after the publ1cation of the assessing ordinance after ItS passage, provided that at the electIOn of the owner, such assessments may be paid In not more than ten (10) equal annual Installments. which installments with 11lterest 111 all cases on the unpaid pornon of such assessment, shall be payable annually with interest at a rate as detemuned by the CIty Council on the unp8.1d amount of assessment The number of Installments penods of payment and rate of 11lterest shall be deterrmned and fixed by the City Council 111 the assessing ord.1nance (h) Upon complenon of the Improvements, or any part thereof and upon acceptance by the Clly Manager, or when the total cost thereof can be defimtely ascer- tained ellher prior to or after co=encement of construction, the Clly Manager shall cause to be prepared a statement shoWlng the whole cost of the rmprove- ment and the porhon to be paid by the CIty Notice of sllch apportio=ent shall be given and a heanng \vill be held prior to the adophon of an ord.1nance asseSS11lg such cost, all as proVlded by law - (I) The CIty Manager (or her authonzed representanve) shall conduct a heanng for the purpose of considenng the desirability of and the need for the proposed Improvements, on Wednesday, September 4, 1991, at 5 00 o'clock pm In the City Council chamber> at CIty Hall, In Aspen, Colorado, Wnlten remonstranc- es must be filed pnor to the date and hour of the heanng (j) All vmtten remonstrances shall be subscribed and acknowledged In the same manner as IS reqUlIed for pennons for proposed rmprovements If wntlen remonstrances are timely filed by persons constitunng the owner> of the property to be assessed for more than fIfty percent (50%) of the proposed improvements, the proposed rmprovements to such property shall not be ordered 4 J ~-. e - (ki A map, esnmate and schedule sho\\11lg the approXlmate cost of [he Improve- ments as proVlded by the estimates of me Clly Eng1Ileer and the approxlrnate amount to be assessed, are on file and can be seen and eXa.ID11led by any inter- ested person at the offIce of the City Engineer at any hme dUI11lg busmess hours on or pnor to the date of heanng Dated , /~, tl-<-'J '-<A-f , 1991 13 ~ S ~e~;;~1:: I, Kathryn S, Koch, duly app011lted and acting City Clerk do cemfy mat the foreg011lg IS a true and accurate copy of that reso1uhon adopted by the Clly CouncIl of the CIIY of Aspen, Colorado, at a meenng held ~t.vf /~ ,1991. /4.::CT~/ xid-U. Kathg1l S Koch, CIty Clerk s