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HomeMy WebLinkAboutordinance.council.034-87 ORDINANCE NO. ~ (Series of 1987) A ORDINANCE DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE BOUNDARIES OF THE CITY OF ASPEN FOR THE PURPOSE OF CONVERTING EXISTING OVERHEAD ELECTRIC AND COMMUNICATIONS FACILIT- IES TO UNDERGROUND LOCATIONS; ADOPTION OF DETAILS AND SPECIFICAT- IONS THEREFOR; AND ORDERING PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR THE IMPROVEMENTS IN SAID DISTRICT. WHEREAS, the City Council of the City of Aspen, Colorado, has determined to create a local improvement district pursuant to the provisions of the Colorado Underground Conversion of Utili- ties Act, and to provide for the relocation of overhead electric, television, and telephone communication facilities to underground locations and to assess the cost against the property benefited and included within the Improvement District; and WHEREAS, the City Council has heretofore adopted a resolution directing the City Electric Department, Holy Cross, Mountain Bell Telephone, Canyon Cable, who provide and serve the proposed district with electric and communication facilities and service, to make a study of the cost of conversion of the facilities to underground services; and WHEREAS, the public utility companies, pursuant to said resolutions, have caused Banner Associates, Inc. to prepared a joint report setting forth the costs and feasibility of the proposed project, which has been filed with the City Clerk; and WHEREAS, the City Council has examined and considered the joint report by the public utility companies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the joint report by the above mentioned utilities, setting forth an estimate of the costs and feasibility for the conversion of existing overhead electric and communication facilities to underground service, prepared and filed with the City Clerk, be and the same are hereby approved and adopted by this Council for use in the construction of the improvements to be made in said Local Improvement District. Section 2 That the removal of all and any part of the any existing electric and communications facilities, including but not limited to, overhead electric, television, or telephone communicat- ions facilities and the replacement thereof with underground electric and communication facilities will promote public convenience, necessity and welfare. Section 3 That the costs and expenses of the District created are, except as otherwise provided for, to be levied and assessed upon the abutting, adjoining, and adjacent lots and lands along or upon which improvements are to be made, and upon lots and lands benefited by such improvements as follows: CRS 29-8-109 provides that the Resolution declaring the Council's intent to create a local improvement district shall state: "That the costs and expenses of the district created are, except as otherwise provided for, to be levied and assessed upon the abutting, adjoining and adjacent lots and lands along or upon whose improvements are to be made, and upon lots and lands benefited by such improvements and included in the improvement district created " Section 4 That the property to be assessed for said improvements shall be the property included within the District boundaries, and specially benefited by said improvements; the area and boundaries of the proposed improvement district are more particularly set forth in the Notice of Hearing. Section 5 The improvements shall consist of removing overhead electric and communications facilities, including but not limited to, electric, television, and telephone communication poles, lines and other equipment, and replacing the same with underground electric, television, and telephone communication facilities, except certain terminal and utility boxes or pedestals, which will be above ground, and including all necessary changes to the service entrance equipment of each structure and residence. The lines will be installed in trenches and ditches which will be placed across present easements and across those lots and tracts of land as the public utility companies shall determine necessary and feasible for the location of such underground lines, and as shown on the reports presently on file with the City Clerk. The city Council has determined that special benefits will accrue to each lot and tract of land within the District as a result of the relocation of utility lines and equipment, such benefits consisting of the elimination of unsightly lines and poles, and for the greater safety of the residents, particularly children, within the District. Section 6 That the present total estimated cost of the proposed removal of all existing overhead electric and communication facilities within the District, and the replacement of the same with underground electric, television, and telephone communi- cation facilities is the amount of four hundred eight-eight thousand, eighty dollars ($488,080). Section 7 A hearing on the proposed improvements and the question of benefit to be derived by the real property in the District will be held by the City Council at o'clock p.m. on at · Section 8 The City Clerk shall cause notice of the proposed improve- ments and the hearing thereon to be published in full one time in the Aspen Times, a newspaper of general circulation in the City. In addition, the City Clerk shall cause a copy of the notice to be mailed to the last known address of each owner of land within the proposed district whose property will be assessed for the cost of the improvement; and also, a copy of such notice to be addressed to "owner" and shall be so mailed, addressed to the street number of each piece of improved property to be affected by the assessment. The Notice to be published and mailed as herein depicted shall be in substantially the following form: NOTICE OF INTENTION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN THE CITY OF ASPEN, COLORADO, FOR THE PURPOSE OF REMOVING EXISTING OVERHEAD ELECTRIC AND COMMUNICATIONS FACILITIES, AND TO REPLACE THE SAME WITH UNDERGROUND ELECTRIC AND COMMUNICATION FACILITIES, AND NOTICE OF A HEARING THEREON. (a) All owners of real estate and property hereinafter described, and all persons generally, are hereby notified that there was filed with the Clerk of the city of Aspen, Colorado, a joint report prepared by Banner Associates, Inc. on behalf of Aspen Electric, Holy Cross Electric, Inc., Mountain Bell Tele- phone and Canyon Cable T.V. as to the cost and feasibility of the removal of existing overhead electric and communications facil- ities and replacing the same with underground electric and communications facilities within a proposed underground local improvement district within the present boundaries of the City of Aspen, to be known as Local Underground District No. 1. Said persons are further notified as follows: (B) The boundary of the District shall be as depicted in Exhibit "A", as annexed hereto and incorporated hereof. (c) The improvements shall consist of trenching, under- grounding electric, telephone and cable facilities and back- filling the same, except certain terminal and utility boxes of pedestals which be above ground,and including all necessary changes to the service entrance equipment of each structure and residence, all as more particularly set forth in the joint cost and feasibility report. The lines will be installed in trenches and ditches which will be placed across present easements and across those lots and tracts of land as the public utility companies shall determine necessary and feasible for the location of such underground lines. The City Council has determined that special benefits will accrue to each lot and tract of land within the District as a result of the removal and replacement of utility lines and equipment, such benefits consisting of the elimination of unsightly lines and poles, and for the greater safety of the residents, particularly children, within the District. (d) The estimated total cost of the project as determined from the joint cost and feasibility report by the affected public utilities and including the cost of the improvement, engineering and clerical services, advertising, inspection, collection of assessments, interest on bonds, and for legal services for preparing proceedings and advising in regard thereto, is the amount of four hundred eighty-eight thousand, eighty dollars ($488,080). (e) It is proposed that the cost of the project shall be paid and assessed as depicted in Exhibit "B", as annexed hereto and incorporated herein. (i) In the event the actual conversion and incidental costs are less than the estimated conversion and incidental costs, each owner within the improvement district shall receive the benefit prorated in such form and at such time as the Council may determine. (f) A hearing on the proposed improvement and the question of benefits to be derived by the real property in the district, will be held by the City Council at o'clock p.m. on , the of ,at (g) Any interested person desiring to be heard upon the issue of the creation of the District and the question of whether his or her property will be benefited by the proposed improve- ments, may appear at the time and place set for the public hearing. Every person who has real property within the boundaries of the District, and who fails to appear before the City Council at the hearing and make any objection he or she may have to the creation of the District, the making of the improve- ments and the inclusion of his or her real property in the District, shall be deemed to have waived such objection. Such waiver shall not, however, preclude his or her right to object to the amount of the assessment at the assessment hearing, at a later date. (h) The public utilities performing the conversion shall, at the expense of the property owner, convert to underground all electric and communication facilities located upon any lot or parcel of land within the improvement district and not within the easement for distribution. This shall include the digging and the back filling of a trench upon such lot or parcel, unless the owner executes a written objection thereto and files the same with the City Clerk not later than .(29-8-133 CRS provides that written objection must be submitted not later than the date set for hearing objections to the Improvement District as provided by law.) Failure to file such written objection shall be taken as a consent and grant of easement to the public utilities and shall be construed as express authority to the public utilities and their respective officers, agents and employees to enter upon such lot or parcel for such purpose, and, through failure to object, any right of protest or objection with respect to the doing of such work shall be waived. If an owner does file such written objection, he shall then be responsible for providing a trench which is in accordance with applicable rules, regulations, or tariffs from the owner's service entrance to a point designated by the public utility and for backfilling a trench following the installation of the underground service by public utility involved. In any event, the cost of any work done by the public utility shall be included in he assessment to be levied upon such lot or parcel. Should a written objection be filed, the owner involved shall be obligated for, and the public utility entitled to, payment for the actual cost for such work accomplished upon the owner's property by hte public utility; such amount shall be less than the cost if the public utility had performed the trenching and backfilling. Further, the owner shall, at his/her own expense, make all necessary changes in the service entrance equipment to accept the underground service. Any lot or parcel is subject to disconnection of the electric, television and telephone service if the owner or person in possession of such lot or parcel: (1) prevents entrance upon the lot or parcel for conversion purposes; (2) fails to provide an acceptable trench and backfill after filing an objection pursuant to Section 29- 8-133, C.R.S. 1973; or (3) otherwise fails to provide for underground service connection to his property in a manner satisfact- ory to the public utilities involved. All owners of land within the district may file written request for inclusion of the cost of conversion of utility facilities upon their property. (i) A copy of the joint report, and all resolutions and proceedings are on file and can be seen and examined by any interested person at City Hall, at any time during business hours on or prior to the date of hearing. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the /~-~day of , 1987. William L. Stirling, Mayor ATTEST Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 1987. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk EXHIBIT "A" , 0 / 10'