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Home My WebLink Aboutordinance.council.029-92 'e", " .,. ~- ,- --- ORDINANCE NO. 29 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CREATING THE PITKIN MESA SUBDIVISION IMPROVEMENT DISTRICT IN THE CITY OF ASPEN, COLORADO; ORDERING THE CONSTRUCTION AND INSTALLATION 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.7, Series of 1992, passed and adopted on February 10, 1992, the City Council of the City 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 or installing basic road 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, 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 '. 1bi. \<- "It'. r)'{ ;\ ~ "'-"! Al.It" I~) 'q \'>!, WHEREAS, notice of a public hearing concerning the creation of the district and the constTIlction and installation of the improvements has been given by publication in one (I) issue 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 the district; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I. Creation of District. That a special improvement district for the construction of basic road 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, 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 2 .'. 11 -'\.,... ~I) 0' is,. '0 +,"", e' "1,~ " !,jl \;; '''! "Pitkin Mesa Subdivision Special Improvement District". All proceedings heretofore taken and adopted in connection with the district are hereby ratified, approved and confirmed. Section 2. Approval of Engineering 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 real property to be included within the district and benefitted by the proposed improvements, includes lots 5 through 7, and 11 through 16, inclusive of the Pitkin Mesa Subdivision and the parcel situated to the west of Pitkin Mesa Subdivision commonly referred to as the Trish property. Section 4. Description of Improvements. That the kind of improvements contemplated are as follows: basic road 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. 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. The district engineer, in consultation with the City Engineer and Superintendent of Streets, shall design and cause to be installed speed 3 '. &~ ~ ';< ~e' \\ '\., ~,",-, I~~ ,\\ ., bumps on Cemetery Court at such locations as will most effectively cause motorists to reduce their speeds while traveling along Cemetery Court. In addition, all necessary precautions during construction shall be undertaken to avoid future flooding of water at the residence located at 1065A Cemetery Lane. Section 6. Cost of Improvements. That the estimated total cost of the improvements to be constTIlcted and installed is $54,135.00, including construction, engineering, fiscal, legal and administrative costs. Such estimate excludes the additional cost of inspection, collection, 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 cost of the improvements shall be as described in the attachment appended hereto as Appendix "A" and by this reference incorporated herein. 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. Special 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 may, but are not required to, 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, if issued, shall be issued based upon estimates or contract 4 III'" \~ '\\ "e" 115 Ii) "<. .It.., s' !, ~- " 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. Roadway Dedication. Prior to advertising for bids to construct the improvements contemplated herein, all owners of a portion of the roadway commonly known as Cemetery Court, including those not within the proposed district boundaries, must dedicate said roadway to the City of Aspen for public use. Evidence of said dedication and acceptance by the City of Aspen shall be by recordation of a duly executed road dedication plat certified to be correct by a registered land surveyor in the State of Colorado. In the event that each and every owner of a portion of Cemetery Court has not executed a dedication statement within six (6) months of the date of this ordinance, this ordinance shall be considered null and void as if it had never been adopted. Section 10. Construction Bids. Upon satisfactory completion of the roadway dedication referenced at Section 9 herein, the Director of Public Works is authorized to advertise for bids to construct such improvements in the time and manner required by the City Charter, Article VII, Chapter 19 of the Municipal Code, and Sections 31-25-516 and 31-25-518, C.R.S. 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 and a general benefit upon the City as a whole. 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. The City Council further finds and determines that the Order of the City Manager, attached hereto as Exhibit "B", is proper and is incorporated herein as the findings of the City Council as if fully set forth here. 5 '.',," !;;' tq " , AI' It,',,'" 0;: \\ I~_t ' "\ ~.;" 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. A public hearing on the ordinance shall be held on the L day of 17 1992, 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 .;? 1 day of ~ ' 1992. ~~/~- John. Bennett, Mayor ATTEST: ~xlh Kathryn S. och, CIty Clerk 6 "",1",1",1",'," \~ '~. <It /"." ,~ li ,.,. \\c ,,'_...., "'" \\( .,\ .-. -- FIN ALL Y adopted, passed and approved this /1 lky ATTEST: ~J~- Kathryn S och, City Clerk pitkin.ord , 1992. day of ~ ), IJ~ John S. ennett, Mayor 7