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HomeMy WebLinkAboutordinance.council.043-83 AN ORDINANCE PROVIDING FOR THE MAILING OF A NOTICE OF PUBLIC HEARING ON THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT AND ASSESS- MENT OF THE COSTS OF CONSTRUCTING OR INSTALL- ING IMPROVEMENTS AGAINST BENEFITED PROPERTIES THEREIN; DECLARING AN EMERGENCY THEREFOR; AND PROVIDING THE EFFECTIVE DATE HEREOF. WHEREAS, the City of Aspen in the County of Pitkin and State of Colorado (the "City") is a municipal corporation duly organized and existing as a home rule city under Article XX of the Constitution of the State of Colorado; and WHEREAS, the City Council of the City (the "Council") desires to create and establish within the corporate limits of the City a local improvement district (the "District"), to be known and designated as "Aspen Special Improvement District No. 1," for the purpose of making Certain local improvements in the District in the'nature of landscaping, road !mprovements, lighting improvement's and drainage improvements (the "Improve- ments'') and assessing the cost thereof against real properties benefited thereby, pursuant to the Charter of the City of Aspen, Colorado (the "Charter"). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the Mayor of the City and the City Clerk be and they hereby are, authorized and directed to mail a Notice of Public Hearing to the owner of properties benefited by construction or installation of the Improvements within the District at the last known address of such owner per ~he real .proper~y assessment rolls for general (ad valorem) taxes of Pitkin County, Colorado as of a date not more than five days before the date of mailing, such Notice of Public Hearing to be mailed postage prepaid, first class mail, not more than twenty days but not less than ten ~ays prior to the date of hearing. Section 2. That the Notice of Public Hearing shall contain the date and location of the public hearing at which any interested party might appear and be heard with respect to the District and the Improvements. Section 3. That if any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this ordinance. Section 4. That by reason of the fact that the City may not construct the Improvements until the District has been --2-- created and bonds are issued in connection therewith, and that any undue delays would result in constr~ction of the Improvements in unfavorable weather conditions, causing sub- stantial delay and economic loss, it is hereby declared that in the opinion of the Council an emergency exists and, there- fore· this ordinance is deemed necessary for the preservation of public property, health, peace and safety. Section 5. That this emergency ordinance shall take effect upon final pass~ge in accordance with the Charter. INTRODUCED at a regular meeting of the City Council on the 22nd day of August 1983, and passed by a vote of FOR and ~ AGAINST. PASSED on FINAL READING by a vote of ~ FOR and AGAINST, on the ./~ day of September 1983. Mayor Attest: City Cler~ -3- RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) CERTIFICATE ) ss COUNTY OF PITKtN ) I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen on ~~ , 19~__~ and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of __~, 19.~ and was finally adopted and approved at a regular meeting of the City Council on /~~ /~ , 19~3, and ordered published as Ordinance No. ~ , Series of 19~, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this day of , h, City Clerk -SF~AL Deputy City Clerk