HomeMy WebLinkAboutresolution.council.039-91
.
RESOLUTION NO ~O)
(Senes of 1991)
A RESOLUTION DECLARING THE I1\'TENTIOi'! OF THE CITY COUNCIL OF ASPEN,
COLORADO, TO CREATE A SPECIAL IMPROVEMR.'IT DISTRlcr IN THE CITY, TO BE
DESIGKA TED AS THE UTE A VE:t\'UE IMPROVEME~ DISTRlcr NO. 1991-1, ADOPTING
DETAILS AND SPECIFICATIOKS FOR THE PROPOSED DISTRlcr, At'ID ORDER.l?'!G
PCBLICA TION AATI MAILING OF THE NOTICE OF HEARING TO THE OW1\cRS OF THE
PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRlCf
WHEREAS, the City CouncIl of Aspen, Colorado, prevlOusly deterrmned that It IS
necessary to create a special improvement d.1stnct witlun the Clty as eVIdenced by passage of
Resolution No 5, (Senes of 1990), and ResoluOoon No 33, Series of 1991, for the purpose of
providing streetscaprng and related lIlJprovements and matters, and to assess part of the cost of
the Improvements agamst the properties SpeclaIly benefited by the lIlJprovements and mcluded
e Wlt!un the district, and,
WHEREAS, the City Manager in accordance with Amcle VII, Chapter 19 of the
MWUClpal Code held a public hearing on September 11, 1991, for the purpose of considenng the
desirability of and the need for the lIlJprovements described in Resolution No 33, Series of 1991,
and thereafter entered an Order which concluded that 1l would be In the best interests of the City
of Aspen to expand the proposed lIlJprovement district to include property and lIlJprovements not
Ulcluded In the proposed district as described rn ResoluOoon No 33, Series of 1991, and,
WHEREAS, pursuant to Charter of the Clly, Amcle VII of Chapter 19 of the :\1WUClpal
Code, and Part 5, Chapter 25 of Tllle 31 of the Colorado ReVIsed Statutes, the CIty Council has
determmed to construct and UlStall such lIlJprovements, subject, however, to protest by the
landowners of more than fifty percent (50%) of ail property benefited and consOotuong the baSIS
e of the assessment, as the City Council may determine; and
~
WHEREAS, the CIty Engrneer has caused to be prepared and flied prellIDUlary plans,
speciflcaOoons, eso.mates of cost, maps and schedules for the proposed lIDprovements,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO
1 That the Clly Council has deteI1Ill.ned there exists a necessity for the construcOoon
and Installation of the lIlJprovements which are more particularly described In the notice of
hearing, and to create a SpeCIal improvement distnct for such purpose
2 That the Engrneer's reports, together Wlth the prellmrnary detatls, speclficaOoons,
estlmates of cost, maps and schedules prepared and filed WIth the CIty Clerk be and the same
are hereby approved and adopted by the City Council for use In the construcOoon and InstaIlaOoon
of the Improvements to be made In SIDd improvement dlstricts
e
3 That ail assessments to be levied against the real property to be included wllrun
the distnct for said lIlJprovements, shaIl be due and payable Wlth1n thirty (30) days after the
publ1canon of the assessUlg ordrnance after llS passage PrOVIded, however, that at the election
of the owners, such assessments may be pald Ul not more than ten equal armual Ulstallments
The Ulstallment shall be payable armually Wlth interest on the unpald assessment at a rate as
determmed by the City Counc1l The number of Installments, penods of payment and rate of
Interest shall be determined and fIXed by the City Council in the assessing ordinance
4 That the property to be assessed for Sald lIlJprovements shall be the proper!)
specially benefited by said lIlJprovements and included Wlthrn the lIlJprovement d.1stnct, and more
parllcularly described In the notice hereinafter set forth.
5. That follOWing the heanng for the purpose of considering the demability of and
.. the need for the proposed Improvements, and subject to the lirmtatlon Wlth respect to wnlten
remonstrances, the CIty Manager of the CIty of Aspen shall enter an order approving those
2
-
.
e
lmprovements wmch s(he considers proper and dlsapproVlng those proposed Improvements wmch
s(he consIders improper. The CIty Manager shall then cause to be prepared and subIDltted to the
CIty Council an ordinance authonzlng the creation of the dlstnct and the construcOoon of the
improvements It IS anticIpated that the ordinance will be considered on flTSt readrng by the City
Council at the regular meeong to be held on October 28, 1991
6, Notlce of the proposed lIlJprovements and of a heanng by the City Manager (or
his(her authorized representative) shall be gIven by publ1caOoon in one (1) Issue of the Aspen
Times, a newspaper of general circulaOoon In the CIty, the publlcaOoon to be at least twenty (20)
days pnor to the date of the hearrng The same noOoce of hearrng shaIl be milled by first class
mall on or about the date of publ1cation of the notice, to the owners of record of all real estate
\\'ltmn the proposed d.1strict \\ ho are to be assessed for the cost of improvements
The nOOoce shall be in substantially the following form.
NOTICE
OF THE II\TENTION OF THE CITY OF ASPEN, COLORADO,
TO CREATE A SPECIAL IMPROVEMENT DISTRlcr IN ASPEN,
COLORADO, TO BE KNOWN AS THE UTE AVENUe IMPROVEMENT
DISTRlCT NO 1991-1, FOR THE PURPOSE OF CONSTRUCTI:l'\G
AND INSTALLING CERTAIN LOCAL PUBLIC IMPROVEMENTS,
TOGETHER WITH NECESSARY INCIDENTALS, AATI A PUBLIC
HEARING THEREON
All owners of real property hereinafter descnbed, and all persons generaIly, are hereby
notified that the City Council of Aspen, Colorado, pursuant to ItS order has adopted prellIDl-
nary detatls, plans and speclii.caOoons for construcOoon and rnstallaOoon of the local public
improvements described below, in and for a proposed speclal improvement d.1stnct within the
corporate lirmts of Aspen, Colorado, to be known as the Ute Avenue Improvement D1stnct
No 1991-1 Please note that the following described lIlJprovement dlstnct IS not the same as
the previous Iv noticed district. ThIS proposed district has been expanded to Include property
as herernafter described Said persons are further notified as follows'
3
-
(a)
The kind of lIlJprovements wmch are proposed to be constructed or Installed
are.
street paving, pedestnan and bicycle trill Wldenrng and paVlng, storm drainage,
landscaping, lighting, and other pedestrian amemOoes, rncludrng the reconstruc-
tion, replacement, renewal or extenslOn of the same.
(b) Streets on which lIDprovements will be constructed and Installed witlun the
boundary of the district rnclude the following: Ute Avenue
(c)
e
The real property to be included Wlthin the d.1strict and benefited by the
proposed lIlJprovements, rncludes generally the area bounded on the north-west
corner by the intersecOoon of Ute Avenue and Spnng Street, the south-west
corner by the sourthern terrmnus of the Aspen AJps Road, and the north-east
and south-east comers by the eastern terminus of Ute Avenue by the cul-de-sak
or dirt "turn-around." By way of further description, the distnct generally
Includes the follOWIng properoes. The Aspen Alps, The Aspen Alps West, The
Aspen AJps South, The Aspen AJps West, Glory Hole Park, The Gant (to and
including Ute Place), the Hoag Subd1vision, NewfoundJand Lode, Aspen
Chance, poroons of the 1001 Lode subd.1Vlsions, the Clarendon, Black Swan
Hall, Ute Cemetery, Ute CIuldren's Park, Ute Trill Park, the proposed Ute Park
Subd.1Vlslon, The Aspen Club, the Benedict ProfesslOnal Building, and all
property abulllng the existing Cul-de-Sac or "turn-around".
(d) The proposed method of assessment is as follows'
(e)
e
Three zones will be created for purposes of assessmg costs
Zone One - AJl property owned by the CIty of Aspen shall be assessed 27 73 o/c
of the total costs ($150,000 of the eso.mated $541,000 total costs)
Zone Two - Consisting of the folloWlng property owners. The Aspen Club, Ute
Park Partnership (the proposed Ute Park Subdivision), and Frederic Bened1ct
(The Benedict ProfesslOnal Bwlding and land abuttlllg the cul-de-sac), shall be
assessed 18.48% of the total costs ($100,000 of the estimated $541,000 total
costs)
Zone wee - All remaming property owners in the district shall be assessed
53 79% of the total costs pro-rated based on assessed value of property as of
September 1, 1991
The esOomated total cost of the lIlJprovements to be constructed and Installed IS
five hundred tlurty thousand dollars ($541,000 00), lOcludmg construction,
engmeenng, fiscal, legal and administrative costs Such estimate excludes
additional expenses for the cost of inspecOoon, collection, formaOoon costs, bond
costs, and other incidentals and Interest on the bonds ISSUed to the nme of
payment of the first installment of assessments,
4
-
(f)
Property owners are specifically referred to the schedule of proposed assess-
ments wluch will be on file in the office of the Clty Engineer, from which the
approximate amount to be assessed agarnst any particular parcel may be
detenruned
(g) All assessments shall be due and payable without demand within tIurty (30)
days after the publication of the assessing ordrnance after its passage, proVlded
that at the election of the owner, such assessments may be pald In not more
than ten (10) equal armual Installments, which installments with interest In all
cases on the unpaid portion of such assessment, shall be payable annually with
Interest at a rate as deterrmned by the CIty Council on the unpald amount of
assessment. The number of installments penods of payment and rate of mterest
shall be determined and fIXed by the City Council in the assessing ordlnance
(h) Upon compleOoon of the lIlJprovements, or any part thereof and upon acceptance
by the CIty Manager, or when the total cost thereof can be defimtely ascer-
lalned either prior to or after commencement of constructlOn, the City Manager
shall cause to be prepared a statement showmg the whole cost of the lIlJprove-
ment and the portion to be pald by the City. NoOoce of such apporoonment
shall be glVen and a hearing will be held pnor to the adophon of an ordrnance
assessing such cost, all as proVlded by law
-
(1)
The City Manager (or her authonzed representaOove) shall conduct a hea.-ring for
the purpose of consldenng the demability of and the need for the proposed
lmprovements, on Thursday, October 17, 1991, at 5:00 o'clock pm m the Clty
Council chambers at City Hall, in Aspen, Colorado Written remonstrances
must be filed prior to the date and hour of the hearrng.
(ll All written remonstrances shall be subscnbed and acknowledged ill the same
marmer as IS reqwred for peOoOoons for proposed improvements If written
remonstrances are o.mely flied by persons constituting the owners of the
property to be assessed for more than fifty percent (50%) of the proposed
lIlJprovements, the proposed lIlJprovements to such property shall not be
ordered,
(k) A map, eso.mate and schedule showing the approxlIlJate cost of the Improve-
ments as proVlded by the eso.mates of the CIty Engineer and the approxrmate
amount to be assessed, are on file and can be seen and examined by any inter-
ested person at the office of the CIty Engineer at any hme dunng bUSiness
e
s
.
e
e
hours on or prior to the date of hearing
Dared
, 1991.
~~ 5, (3~ Y1
r~hn S Bennett, Mayor
.
I, Kathryn S. Koch, duly appointed and acting City Clerk do cerllfy that the foregoing
IS a true and accurate copy of that resoluOoon adopted by the City Council of the Clly of
Aspen, Colorado, at a meeong held .x:k{f~4q, 1991.
-,
Kathryn S Koch, CIty Clerk
6
e
.
.
OFFICE OF THE CITY MANAGER FOR THE CITY OF ASPEN, STATE OF COLORADO
ORDER OF THE CITY MANAGER
FOLLOWING A PUBLIC HEARING RELATIVE TO THE CREATION OF
THE UTE AVENUE IMPROVEMENT DISTRICT. NO. 1991.1
The undersigned, Carol O'Dowd, CIty Manager of the City of Aspen, Colorado, does
hereby certify as follows
1 That on September 4, 1991, at 5.00 p.m, and September 11, 1991 at 5.00 p,m at
the CIty Hall, in Aspen, Colorado, I conducted a hearrng for the purpose of consIdering the
deslIRbility of and the need for the improvements descnbed In ResoluOoon No. 33, Senes of 1991,
passed on August 12, 1991, relating to the creation of the proposed Ute Avenue Improvement
DIstrict 1-\0 1991-1 The date, o.me and place of the hearing were m accordance Wlth the
ResoluOoon and noOoce of hearrng published in a newspaper of general clrculaOoon and matled to
land owners of record, ail in accordance with Article VII of Chapter 19 of the Aspen MUTUcipal
Code.
2. That I heard and considered all wntten remonstrances to the proposed lIDprovement
dlstnct Written remonstrances were not filed by persons consOotuOng the owners of the property
to be assessed for more than flfty (50%) of the proposed improvements
3 That the proposed distnct as defmed and described In saId ResoluOoon is hereby
disapproved for the reasons that follow At the hearrng, owners of property along the upper end
of Ute Ave, extending from the Eastern terminus of the proposed lIlJprovement distnct to the end
of Ute Avenue where it forms a cul-de-sac, presented evidence and teso.mony that an expanded
tmprovement dlstr!ct would be beneficlaJ to all parnes concerned. The expanded d.1strict as
proposed would add the following parcels Lots 2, 3, 4 and 5 of the Hoag Subd1vlSlon,
NewfoundJand Lode, Ute Cemetery, Ute CIuldren's Park, The Aspen Club, the Bened.1ct
ProfesslOnal Building, the Ute TraiJ Park, the proposed Ute Park SubdlvislOn, and all property
abutong the eXlsOng cul-de-sac or turn around After duly conSIdering the eVIdence and tesOomony
presented, includlng maps, technical drawings, cost estimates, an offer by several property owners
IO pay for a sIgnificant portion of the projected costs for the expanded distnct, and based upon
recommendaOoons from the Clty Engineer's office, It is my concluslOn that it would be more
econmmcally feasIble and effective for the lIlJprovement d.1strict to be expanded to Include the
upper Ute Avenue properoes than to allow the proposed lIlJprovement d.1stnct to proceed as
proposed and described in Resolutlon 1-\0 33, Senes of 1991 An improvement d.1strict that IS
expanded to mclude all of Ute Avenue would be in the best Interests of the CIty of Aspen. I have
further concluded that such an expanded improvement district should not include the proper!)'
known as the Ajax Condommiums as I have determined that t1us particular parcel of property
would not benefit to any ascertalnable degree from the proposed lIlJprovements.
.
.
e
4. That there shall be prepared and subIDltted to the City Council a resolution of
Intent to create an lIlJprovement d.1smct that has been expanded as described herein for the en Ore
length of Ute Avenue.
IN WITNESS WHEREOF, I have subscnbed my name, this 19th day of September, 1991
, ,- _ c-> - _;/,.?r' __
~ -2---- - ,/ ~- ~
,-.-
Carol O'Dowd, CIty :\1anager