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HomeMy WebLinkAboutordinance.council.013-63STATE OF COLORADO GOUIrCY OF PITKIN CITY OF ASPEN The City Council of the City of Aspen, Colorado, met in regular session, in full conformity with law and the ordinances and rules of said City, at the City Hall, being the regular place of meeting of said Council, on F!onday, the 16th day of December, and answering at roll call: l. layor: Councilmen: City Clerk: City Treasurer: City Attorney: City E~neer: Absent: /~o~/ at which meeting there were present Michael J. Garfish Wolf J. Beyer Malph Melville Clyde L. Newel1 Alfred Braun ~rothy Hoffmann Etta Taylor Clinton Stewart Frank J. ilumphrey The following proceedings, among{ others, were had and taken, to-wit: The City Clerk stated that public notice of the comple- tion of street improvements in Improvement District No. 1, Aspen, Colorado, had been published in four consecutive weekly issues of the Aspen Times, a newspaper of gene=al circulation published in said City, the first publication heine on November ~, 1963, and )resented the ~ffidavl~ of ~ublication showinfi such publication. The said Affidavit was thereupon ordered filed. was read in full the following Ordinance: ORDInaNCE NO. /~ SERIES 1963 AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS ~I~DE IN .AND FOR IMPROVE~flENT DIS- TRICT NO. l, IN THE CITY OF ASPEN, COLORADO; A~DPROVING AND CONFIP3~ING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACer OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DIS- TRICT; PRESCRIBING THE MANNER FOR THE COLLEC- TION AND pAYMENT OF SAID ASSESSMENTS; AND DECLARING AN E}fl~RGENCY. WHEREAS, there has been compliance with all the provi- sions of law relating to the construction of street improvements in Improvement District No. 1 in the City of Aspen, Colorado, :rested pursuant to Ordinance No. 6, Series of 1963, finally adopted and approved on the 17th day of June, 1963; and %~{EREAS, the time for filing with the City Clerk of the City of Aspen complaints or objections to the assessments has elapsed; and WHEREAS, Mrs. Ethel Frost - 221 East Main - expressed objection to improve ments- she thought Gity would be p~ettier without them. Mrs. Terese David - 210 East Main - by letter read by the Mayor- opposed installation of curb and gutter as taking~ay from the charm of Aspen. as Col. William Kasper - by letter - stated that~he had no part in the decision that led to this Assessment, he is basically against it. (Block 101 -Lots R and S) Mrs. Ella Hoagland - 601 East Hymen Ave. - by letter - said she was never contacted, and expressed opposition to the assessment. Mr. and Mrs. Frank J. Kralich - 305 So. Main - by letter- filed complaint against the elevation difference between the street and their driveway. Judge and Mrs. William Shaw, Mrs. Ethel Frost, Mrs. Ethel McCabe, and Mrs. Lena Van Loon, attended the hearing held December 2,1963, in the interest of property abutting on the State Highway (Main St.). Thefquestioned why they should be assessed for the paving of the State Highway,since the Highway Department had paid for it, It was explained by the City Council that the whole cost and apportionment is in accordance with the benefits which the pro- perty in the Improvement District No. 1 will receive by reason of the construction of said improvements. 70 - 9PHEKi5%S, from the statement made and filed with the City Council, it appears t~t the whole cost of said improvements is the sum of $212,661.00, of which amount the City of Aspen will pay $88,585.26, leavins $124,071.74 to be assessed against the real property in said District, said amount including costs of ins?ec- tion, collection and other incidentals and also includi~ interest as allowed by law; and WHEREAS, from said statement it also appears that the City Council has apportioned a share of the said whole cost to each lot or tract of land in said District, in accordance with the benefits to be derived by said property and in the proportions and ~nounts severally set forth in a Resolution adopted by the City Council on the 4th day of November, 1963, and in a public Notice, published in The Aspen Times On November 8, 15, 22 and 29, 1963, ~%ich Resolution and Notice are by reference made a part hereof; BE IT OR~%I}~D BY T~SZ~ CITY COUNCIL OF TF~ CITY 0? ASPEN, COLO~bkDO: Section 1. That the whole cost and apportionment of the same, as set forth in said ~esolutfon and Notice is hereby approved and confirmed, and said ap~rtionment is hereby declared to be in accordance with the benefits which the property in said District will receive by reason of the construction of said im- provements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the District in the propor- tions and amounts set Section 2. able at tb~ office of forth in said Resolution and Notice. That said assessments shall be due and pay- the City Treasurer, within thirty days ter the fill publication of this Ordinance, without demand; - 71 provided that all such assessments may, at the election of the own. er, be paid in installments, with interest as hereinafter provided Failure to ~ay the whole assessment within said period of thirty days shall be conclusively considered and held an election on the part of all person~ interested, whether under disability or other- wise, to pay in such ir~tallments. In case of such election to pay in installments, the assessments shall be payable at the of- fice of the County Treasurer of ?itkin County, Colorado, in ten (10) equal annual installments of principal, the first of which installments of principal shall be. due and payable on or before the 1st day of June, 1964, and the remainder of said installments shall be due slid payable successively on or before the 1st day of June in each year thereafter, until paid in full, with interest in all cases on the un?aid principal et the rate of six per centum (6%) per annum, payable each year at the time of payln~ install- ~ents of principal. Failure to pay any installment, whether of principal or interest, when due, stmll cause the ~ole of the un- paid principal to become due and payable immediately, and the whol~ amount of the unpaid principal and acc~Aed interest shall there- after draw interest at the rate of one per centum (1%) per month, or fraction of a month, until the date of tax sale, as by law provided, but at any time prior to the date of the sale, any may pay the araount of all unpaid installments with interest at one per centum (1%) per month, or fraction of a month, upon all delinquent installments, aD~ all penalties accrued, and shall thereupon be 1-estored to the right thereafter to pay in install- ments in the sa~.e w~nner as if default had not been suffered. 72 ~ The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next assessment install- raent payment date. Fa~ents may be made to the City Treasurer at any ti~%e within thirty days after the final publication of this O~dinance, and an allowance of five per centum (55) will be made on all payments made during such oeriod, but not thereafter. Im- mediately after the expiration of said thirty day period, said assessments shall be certified to the County Treasurer of Pitkin County, Colorado, for collection, as provided by !aw. Section 3. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaini~ provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 4. By reason of the fact that bonds of said Improvement District ~o. 1 are now outstal%ding a~d interest there- on will shortly become due a~d payable, and that funds must be ~d available at the earliest possible date for ?ayment of such inter- est, and for the immediate preservation of the public ?roperty, health, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect five days after final ?ublication. Section 5. This O~dinance, after its final passage, shall be recorded in the City Ordinance Book kept for that pur- pose, shall be authenticated by the si~latures of the ~iayor and City Clerk, and s~hall be publlshed in The Aspen Times, a newspaper 73 - published and of general circulation in said City, and shall be and remain frrepealable until the assessments hereby made shall be paid in full. IS~RODUCED At~D READ This 16th day of December, 1963. (SEAL) ATTEST: 9try C~k ' ' / M&yor 1964. (To appear in final publication) FINALLY ADOPTED AND AP}~0VED This 6th day of (SEAL) ATTEST: · ' - / Mayor 74- it was thereupon moved by Councilman ~ c~ ~ ~ and seconded by Councilman read in full at thi~ meeti~ aa aforesaid, be pa~ed on first ~adimg and be published in full in The Aspen Time~, a newspaper of ge~ral circulation published in the City of Amen in its issue of Decem~r 20, 1963, and t~t said 0~i~e, after it~ publica- tion as aforesaid, ~ co~idered for fi~l passage at a ~gular ~eting of the City Cou~il on ~iondaF, the 6th day of Janus., 196~, at the hour of ~ ~ o'clock~.}~. The question ~i~ upon the adoption of said motion, the roll was called ~th the following ~sult: Those voting Counc ilme · $olf J. Bayer ~alph lielville Clyde L. Newell Alfred Braun Those voting NAY: ~// members of the City Council I~ving voted in favor of said motion, the presiding officer thereupon declared said motion carried and that said ordiRanca be published as afore- said. Thereupon the meeting adjourned. ( SEpal ) ATTEST: ' '~ Mayor - 75 STATE OF COLORADO ) CO~Y OF PITI~N ) sa, CITY OF ASPEN ) I, Dorothy Hoffmann, City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing pages, numbered 69 to 75, inclusive, constitute a true and correct copy of the record of the proceedings of the City Council of said City, had and taken at a regular meeting thereof, held on ~londay, the 16th day of December, 1963, insofar as said minutes relate to Ordinance No. /_~. , Series 1963, relatir~ to Improvement District No. l, a true and correct copy of which is therein set forth. IN %~TNESS %~REOF, I have hereunto set my hand and af- fixed the official meal of said City this 16th day of December, 1963. ( SEAL ) - 76 - (Attach Affidavit of First Publication of Ordinance No. /~ , Series 1963) 77 - STATE OF COLORADO COUNTY OF PITKIN CITY OF ASPEN The City Council of the City of Aspen, Colorado, met in regular session in full conformity with law and the o~di~ances and rules of said City, at the City Hall in said City, being the regular place of meetir~g~ of said Council, on Monday, the 6~h day of January, 1964, at ,~.' ~ o'clock ~.~'I. , at which meeting there were present and answering at roll call: Mayor: ~ichael 3. Garfish Councilmen: Wolf J. Bayer Ralph Melville Clyde L. Newell Alfred Braun City Clerk: Dorothy Hoffmann City Treasurer: Etta Taylor- City Attorney: Clinton Stewart City Engtneej~: ~ ~'rank J. Humphrey - ~- Thereupon the Clerk announced that Ordinance No. Series 1963, which wes intz~duced and read for the first time in full at the regular meeting of the Council held on the 16th day of December, 1963, had, as ordered by the Council, been published in full in The Aspen Times, a newspaper of l~eneral circulation published in the City of Aspen, in its issue of December 20, 1963, and that the publisher's Affidavit of said publication is now on file in the office of the City Clerk. - 78 - Thereupon it was moved by Councilman ~v~ and seconded by Councilman ~/~ui/~ // that said Ordinance be now placed on its second readinE and final passage, and that all rules of the Council which might prevent, unless suspended, the final passage and adoption of said Ordinance at this meeting, be and the same are hereby suspended. The question being upon the adoption of said motion and the suspension of the rules, ing result: Those voting AYE: Gouncilmen: Those voting NAY: the roll was called with the follow- ~olf J. Beyer Alfred Braun Ralph tdelvtlle Clyde L. Newell ~// members of the Council h<,ving voted in favor of said motion, the presiding officer declared said motion carTied and the rules suspended. Thereupon said Ordinance was time. read in full for the second Councilman ~ ~ ~ ~ then moved~ // __that said Ordinance be passed and adopted as read. Councilman /v/~/~// seconded the motion. The question being upon the passilkg and adoption of said Ordinance, the roll was called with the following result: Those voting AYE: Counc ilumn: Those voting NAY: l~olf J. Beyer Alfred Braun Ralph Melville Clyde L. Newell , 79 - The presidin~ officer thereupon declared that, at least a mmjortty of all the Councilmen elected havi~ voted in favor thereof, the said motion was carried and the said Ordinance duly passed and adopted. On motion duly adopted, it was ordered that said Ordi- nance, after approval by the Mayor, be finally published in The Aspen Times, the official ~ewspaper of the City, and be recorded according to law. Thereupon the meeting adjourned. (SEAL) ATTEST: Mayor - - STATE OF COLORADO ) ) COUNTY OF PITKIN ) ) CITY OF ASPEN ) I, Dorothy Hoffmann, City Clerk of Aspen, Colorado, do hereby certify that the foregoing pages, numbered 78, 79 add 80, constitute a tl-ue a~d correct copy of the record of the proceed- ings of the City Council of said City, taken at a regular meeting thereof, held on the 6th day of Jar~ary, 1964, tr~ofar as said minutes relate to the final adoption of an 0rdtn~nce, a copy of which is set forth in full in the proceedings of said Council; that said copy of the Ordinance contained in the minutes is a true and correct copy of the ori~inal of said Ordinance as finally adopted by said Council on January 6, 1964; that the original Ordinance has been duly authenticated by the signatures of the Mayor, as prestdin~ officer of the Council, and of the Clerk of said City, duly sealed with the corporate seal of said City, and re©orded in the Book of Ordinances of said City kept for that pur- pose in my office, and that said Ordinance was on the 10th day of January, 1964, finally published in The Aspen Times, a newspaper published and of ger~ral circulation in said City. I further certify that there is no litigation pendin~ or threatened, concer~xing the organization of said Improvement Dis- trict NO. l, the issuance of bonds therefor, or the assessments levied for the payment of the cost of constructi~ said street improvements therein. IN ~T~SS WI~EREOF, I have hereul%to set my hand and af- said City of Aspen, Colorado, this fixed the official seal of /~ day of 3anuary, 1964. (SEAL) - fl ~ Tho Asl on Times Box E Aspen, Colorado PROOF OF PUBLICATION STATE OF COLORADO ) County of Pitkin ) William R. Dunaway I, do solemnly swear that Publisher I am the of THE ASPEN TIMES; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Pitkin, State of- Colorado, and has a general circulation therein; that said newspaper has been pub- lished continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been addmitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said news- paper is a weekly newspaper duly qualified for publishing legal notices and advertisements with the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated January t0 A.D., 19 6/*, and that the last publication of said notice was. in the issue of said news- paper dated .................... A.D., 19 _ . Subscribed and sworn to before me, a notary public in and for the County of Pitkin, State of Colorado, this 20~h day of ...... J_a..n?ry A.D., ~9 6/,. Notary Public x ~ My commission expires 3ep%, 12s 3.966 Copy of Notice Ordinance No. 13, Series 1963 (Attach Affidavit 6'f Final Publication of Ordinance No. ?~ .... , Series 1963)