HomeMy WebLinkAboutordinance.council.003-92
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ORDINANCE NO. .3
(Series of 1992)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
CREATING THE UPPER UTE A VENUE IMPROVEMENT DISTRICT NO. 1992-2, IN THE
CITY OF ASPEN, COLORADO; ORDERING THE CONSTRUCTION AND INST ALLA TION
THEREIN OF CERTAIN LOCAL PUBLIC IMPROVEMENTS; PROVIDING FOR THE
ISSUANCE OF SPECIAL ASSESSMENT BONDS IN PAYMENT FOR SAID IMPROVE-
MENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS, AND OTHER DETAILS
IN CONNECTION WITH THE DISTRICT.
WHEREAS, pursuant to Resolution No. 33, Series of 1991, passed and adopted on
August 12, 1991, and Resolution No. 39, Series of 1991, passed and adopted on September 23,
1991, the City Council of the City of Aspen, Colorado, has determined that it is necessary to
create a special improvement district within the City for the purpose of installing street
improvements, including the replacement, renewal, widening or extension of the same, and to
assess part of the cost of the improvements against properties specially benefited by the
improvements and included within the district, subject, however, to protest by persons
constituting the owners of the property to be assessed for more than 50% of the proposed
improvements; and
WHEREAS, Section 31-25-503, C.R.S., authorizes municipalities to create a district
which includes property in the unincorporated area of the county within which the municipality
is situated if such county consents by resolution to such district and the construction or
acquisition of improvements therein; and
WHEREAS, the County Commissioners of Pitkin County have by resolution consented
to the creation of this district which includes property within Pitkin County; and
WHEREAS, notice of a public hearing concerning the creation of the district and the
construction and installation of the improvements has been given by publication in one (1) issue
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of the Aspen Times, a newspaper of general circulation in the City, at least twenty (20) days
prior to the date of the hearing, and in addition, notice was mailed by fIrst class mail on or
about the date of the 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; and
WHEREAS, on the day and at the time and place specifIed in the notice, the City
Manager conducted a hearing for the purpose of considering the desirability of and the need for
the proposed improvements; and
WHEREAS, following the hearing, the City Manager entered an order approving those
improvements which she considered proper and has caused an ordinance authorizing the creation
of the district and the construction and installation of the proposed improvements, to be
submitted to the City Council; and
WHEREAS, the City Council has reviewed the order of the City Manager, and has
determined to proceed with the creation of a revised district to include the area commonly
referred to as the Upper Ute Avenue District;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1.
Creation of District. That a special improvement district for the purpose
of installing street improvements, including the replacement, renewal, widening or extension of
the same, is hereby created and established in accordance with the City Charter, Article VII,
Chapter 19 of the Municipal Code, and Section 31-25-501, et seq., of the Colorado Revised
Statutes, and shall be known and designated as the "Upper Ute Avenue Special Improvement
District 1992-2". All proceedings heretofore taken and adopted in connection with the district
are hereby ratifIed, approved and confIrmed.
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Section 2.
Approval of Engineerin~ Plans. That the Engineer's preliminary plans,
specifications, estimates of cost, maps and schedules for the proposed improvements, are hereby
approved and adopted.
Section 3.
Boundary of District. The real property to be included within the district
and benefited by the proposed improvements, includes the property within the boundaries as
depicted in the attached map appended hereto as Appendix "A" and by this reference
incorporated herein as if fully set forth here. The area is generally bounded on the west by the
Ute Place Subdivision, the north by the Roaring Fork River, the south by the Hoag Subdivision,
and the east by the City of Aspen City limits. By way of further description, the district
generally includes the following properties: the Benedict Building, the Ute Children's Park, the
Aspen Club, the Hoag Subdivision, and the proposed Ute Park Subdivision.
Section 4.
Description of Imorovements.
That the kind of improvements
contemplated are as follows:
Street improvements, including the replacement, renewal, widening or extension
of the same.
Section 5.
Improvements Authorized. That the construction and installation of the
improvements in and for the district, as shown by the preliminary plans, specifications, estimates
of cost, maps and schedules thereof, prepared by the Engineer and approved and ordered by the
City Manager and now on file in the office of the City Engineer, be and the same is hereby
authorized and ordered, the materials to be used in the construction of said improvements to be
in accordance with such maps, plans and specifications.
Section 6.
Cost of Improvements. That the estimated total cost of the improvements
to be constructed and installed is $198,000.00, including construction, engineering, fiscal, legal
and administrative costs. Such estimate excludes the additional cost of inspection, collection,
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other incidentals and interest on the bonds issued to the time of payment of the fIrst installment
of assessments, all as provided by Article VII, Chapter 19 of the Municipal Code.
The method of assessment for the total cost of the improvements has been agreed to by
the property owners within the district as follows:
Benedict Building:
Aspen Club:
Ute Park Partners:
Hoag Subdivision:
32.5%
32.5%
32.5%
2.5%
(The individual lots within the Hoag Subdivision shall be assessed a
percentage of their assessed valuation relative to the assessed value of the
entire Hoag Subdivision.)
Section 7.
Payment of Assessments. The assessments to be levied for the cost of the
improvements shall be due and payable within thirty (30) days after adoption and passage of the
assessing ordinance. However, all such assessments may be paid, at the election of the owner,
in not more than ten (10) installments of principal with interest in all cases on the unpaid portion
of such assessment, at a rate as shall later be determined by the City Council and set forth in
the assessing ordinance. The installments of assessments shall be due and payable at such times
as set forth in the assessing ordinance.
Section 8.
Soecial Improvement Bonds. Pursuant to the City Charter, Article VII,
Chapter 19, of the Municipal Code, and Section 31-25-534, C.R.S., local improvement bonds
of the City shall be issued for the purpose of paying all or such portion of the cost of the
improvements to be constructed, as may be assessed against the property specially benefited. The
bonds shall be issued based upon estimates or contract amounts approved by the City Council,
and as authorized by an ordinance to be passed by the City Council at a later date.
Section 9.
Construction Bids. The Director of Public Works is hereby authorized to
advertise for bids to construct such improvements in the time and manner required by the City
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Charter, Article VII, Chapter 19 of the Municipal Code, and Sections 31-25-516 and 31-25-518,
C.R.S., which advertisements may run concurrently with the publication of this Ordinance.
Section 10. Compliance With Section 24-7-601 of the Municipal Code. Inasmuch as
some improvements are proposed to be made within the district in close proximity to the Ute
Cemetery, a designated historical site pursuant to Section 24-7-705 of the Municipal Code, the
planning director shall determine, consistent with the provisions of Section 24-7-601 of the
Municipal Code, whether the proposed improvements constitute development involving an
historical landmark and ensure that a proper review is undertaken unless the planning director
shall determine that the development is exempt under Section 24-7-601(C).
Section 11. Findings of City Council. The City Council hereby finds and determines
that the improvements proposed to be constructed and installed will confer a special benefit upon
the real property within the district. The City Council further finds and determines that the
improvements were duly ordered after notice duly given and after the hearing was held by the
City Manager pursuant to Article VII, Chapter 19 of the Municipal Code, and that protests were
not presented by the owners of a majority of all property benefited and constituting the basis of
the assessments.
Section 12. Repealer. All ordinances or resolutions, or parts thereof,
in conflict herewith are hereby repealed, but only to the extent of such conflict.
Section 13. Severability. That if any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional in a court of
competent jurisdiction, such portion shall be deemed a seperate, distinct and independent
provision and shall not affect the validity of the remaining portions hereof.
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A public hearing on the ordinance shall be held on the~q- day of ~~7'
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199.t,. in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the I ~ day of ?-~<. f/IIt.# ' 19~
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John S. ennett, Mayor
ATIEST:
a Kathryn"'. och, i;~e4.
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FINALLY adopted, passed and approved this ot~ of
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John S. nnett, Mayor
ATIEST:
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Kathryn S. ch, City Clerk
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