Loading...
HomeMy WebLinkAboutresolution.council.007-92 ." I"'" ~< '8,' ~. L "l " ,zit,'" -Lv K ~ RESOLUTION NO. 1- (Series of 1992) A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ASPEN, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY, TO BE DESIGNATED AS THE PITKIN MESA SUBDIVISION IMPROVEMENT DISTRICT, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING PUBLICATION AND ~AILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRICT. WHEREAS, the City Council of Aspen, Colorado, has determined that a majority of the property owners within a portion of the Pitkin Mesa Subdivision have petitioned the City Council to initiate the process for the creation of an improvement district for the purpose of constructing improvements to the current roadway abutting their property; and WHEREAS, pursuant to Charter of the City and Article VII of Chapter 19 of the Municipal Code the City Council has determined to construct and install such improvements, subject, however, to protest by the landowners of more than fifty percent (50%) of all property benefitted and constituting the basis of the assessment, as the City Council may determine; and WHEREAS, the City Engineer has caused to be prepared and has filed preliminary plans, specifications, estimates of cost, maps and schedules for the proposed improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the City Council has determined there exists a necessity for the construction and installation of the improvements which are more particularly described in the notice of hearing, and to create a special improvement district for such purpose. 2. That the Engineer's reports, together with the preliminary details, specifications, estimates of cost, maps and schedules prepared and filed with the City Clerk be and the same ta .. are hereby approved and adopted by the City Council for use in the construction and installation of the improvements to be made in said improvement districts. 3. That all assessments to be levied against the real property to be included within the district for said improvements, shall be due and payable within thirty (30) days after the publication of the assessing ordinance after its passage. Provided, however, that at the election of the owners, such assessments may be paid in not more than ten equal annual installments. The installment shall be payable annually with interest on the unpaid assessment at a rate as determined by the City Council. The number of installments, periods 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 said improvements shall be the property specially benefitted by said improvements and included within the improvement district, as more 1(_ particularly described in the notice hereinafter set forth. 5. That following the hearing for the purpose of considering the desirability of and the need for the proposed improvements, and subject to the limitation with respect to written remonstrances, the City Manager of the City of Aspen shall enter an order approving those improvements which s/he considers proper and disapproving those proposed improvements which s/he considers improper. The City Manager shall then cause to be prepared and submitted to the City Council an ordinance authorizing the creation of the district and the construction of the improvements. It is anticipated that the ordinance will be considered on first reading by the City Council at the regular meeting to be held on March 23, 1992. 6. Notice of the proposed improvements and of a hearing by the City Manager (or his/her authorized representative) shall be given by publication in one (1) issue of the Aspen '.- Iy,.'""", q, '" Times, a newspaper of general circulation in the City, the publication to be at least twenty (20) days prior to the date of the hearing. The same notice of hearing shall be mailed by first class 2 tit' \; '''< l",lt, " \r \" a \- mail on or about the date of publication of the notice, to the owners of record of all real estate within the proposed district who are to be assessed for the cost of improvements. The notice shall be in substantially the following form: NOT ICE OF THE INTENTION OF THE CITY OF ASPEN, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN ASPEN, COLORADO, TO BE KNOWN AS THE PITKIN MESA SUBDIVISION IMPROVEMENT DISTRICT, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING CERTAIN LOCAL PUBLIC IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDENTALS, AND A PUBLIC HEARING THEREON. All owners of real property hereinafter described, and all persons generally, are hereby notified that the City Council of Aspen, Colorado, pursuant to its order has adopted preliminary details, plans and specifications for construction and installation of the local public improvements described below, in and for a proposed special improvement district within the corporate limits of Aspen, Colorado, to be known as the Pit)cin Mesa Subdivision Improvement District. Said persons are further notified as follows: (a) The kind of improvements which are proposed to be constructed or installed are basic road work construction including dirt work, road base, culverts, chip/ seal surface and regrading at the intersection with Cemetery Lane, curb and gutters and drainage improvements to the entry spur off Cemetery Lane. (b) The street on which improvements will be constructed and installed within the boundary of the district is the Cemetery Court roadway. (c) The real property to be included within the district and benefitted by the proposed improvements, includes generally lots 5 through 16 of the Pitkin Mesa Subdivision and the parcel situated to the West of Pitkin Mesa Subdivi- sion commonly referred to as the Trish property. (d) The proposed method of assessment is as follows: Each property specially benefitted by the improvements within the district shall be assessed an equal share of the total costs of the improvements. (e) The estimated total cost of the improvements to be constructed and installed is fifty four thousand one hundred thirty five dollars ($54,135.00), including con- struction, engineering, fiscal, legal and administrative costs. Such estimate does not include the cost of inspection, collection, other incidentals and inter- est on the bonds issued to the time of payment of the first installment of assessments, as provided by Section 19-160 of the Municipal Code. 3 L- ill.,., ~: ~ '\. , (f) Property owners are specifically referred to the schedule of proposed assess- ments which will be on file in the office of the City Engineer, from which the approximate amount to be assessed against any particular parcel may be determined. (g) All assessments shall be due and payable without demand within thirty (30) days after the publication 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 interest in all cases on the unpaid portion of such assessment, shall be payable annually with interest at a rate as determined by the City Council on the unpaid amount of assessment. The number of installments periods of payment and rate of interest shall be determined and fixed by the City Council in the assessing ordinance. (h) hit,', ~.. "< ,",'It'" lii l;i \, - Upon completion of the improvements, or any part thereof and upon accep- tance by the City Manager, or when the total cost thereof can be definitely ascertained either prior to or after commencement of construction, the City Manager shall cause to be prepared a statement showing the whole cost of the improvement. Notice of such apportionment shall be given ,and a hearing will be held prior to the adoption of an ordinance assessing such cost, all as pro" vided by law. (i) The City Manager (or her authorized representative) shall conduct a hearing for the purpose of considering the desirability of and the need for the proposed improvements, on March 5, 1992, at 3:00 o'clock pm in the second floor conference room in City Hall, 130 S. Galena Street, Aspen, Colorado. Written remonstrances must be filed prior to the date and hour of the hearing. (j) All written remonstrances shall be subscribed and acknowledged in the same manner as is required for petitions for proposed improvements. If written remonstrances are timely filed by persons constituting the owners of the property to be assessed for more than fifty percent (50%) of the proposed improvements, the proposed improvements to such property shall not be ordered. (k) A map, estimate and schedule showing the approximate cost of the improve- ments as provided by the estimates of the City Engineer and the approximate 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 time during business hours on or prior to the date of hearing. 4 dl"..' ~. \" Ie:" ~. "< ','It' Ii! i\~ - RESOLVED, APPROVED AND ADDOPTED this l.12.. day of ~ .-t-l;L/.;/v1 ?1.-V] / , 1992, by the City Council for the City of Aspen, Colorado. (y 7, 1'3~-- John S. Bennett, 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 ~~~, /0,1992. ~Ko~f~ 5