Loading...
HomeMy WebLinkAboutordinance.council.041-87 ORDINANCE NO. 'I ( (Series of 1987) AN ORDINANCE EXPRESSING THE INTENT OF THE CITY COUNCIL TO APPROPRIATE $125,400.00 TOWARD THE COST OF AND TO CONSTRUCT PUBLIC IMPROVEMENTS IN THE AREA OF SOUTH GALENA/SOUTH MILL STREET IN THE EVEN~ AND ON THE CONDITION THAT A CONTRIBUTION TO COSTS IN THE AMOUNT OF $292,600.00 IS COLLECTED ON BEHALF OF PROPERTY OWNERS IN THE AREA OF THE PROPOSED IMPROVEMENTS AND IS TENDERED TO THE CITY FOR SUCH PURPOSES ON OR BEFORE JANUARY 2, 1988 WHEREAS, a proposal has been presented to the City Council on behalf of property owners in the area of South Galena and South Mill Streets to contribute $292,600.00 toward the cost of streetscape improvements in order to induce the City to pay for a portion of and construct said improvements; and WHEREAS, a list of property owners in the area of the improvements is appended hereto and incorporated herein as Exhibit "A"; and WHEREAS, it is contemplated by the property owners that the Aspen Mountain Lodge Project will also construct surface improve- ments in the approximate amount of $213,000.00, which improve- ments are specified in the Planned Unit Development/Subdivision Agreement for Aspen Mountain Lodge. WHEREAS, the nature and location of the proposed improve- ments is as generally set forth in Exhibit "B" appended hereto and incorporated herein; and WHEREAS, the p!:'operty owners, thrcugh their representatives, have agreed that the amount to be determined for each property with respect to contribution of cost is $1.61 per square foot; and WHEREAS, the total cost of the project is anticipated to be $418,000.00, excluding the work of the Aspen Mountain Lodge frontages; and WHEREAS, pursuant to section 19-150 of the Municipal Code the City has the power to contract for, construct and install public improvements and to pay from any lawful fund that portion of the cost which is of general public benefit, and to accept contributions or grants-in-aid to supply the whole or any part of the cost apportioned to the City or to accept and apply such contributions or grants-in-aid in whole or in part to the credit of any appropriate public improvement district; and WHEREAS, in the event $292,600.00 is tendered to the City as proposed, the City Engineer will arrange for the details and specifications for the construction of the proposed improvements, the costs for which will be mutually approved by the City Manager and the entity tendering said funds to the City, which specifica- tions shall include: 1. A detailed estimated of the total cost of the improve- ments. 2. A detailed estimate of the cost of each major type of improvement. 3. The estimated time of construction. 2 4. Full details and specifications of the construction of the proposed improvements, which details and specifica- tions shall permit and encourage competition among bidder. 5. A map showing the real property ownership which is expected to contribute toward the cost of the improve- ments. WHEREAS, in view of the foregoing, the city Council desires to express its intention to appropriate $125,400.00 as a con- tribution toward the cost of and to construct the public improve- ments generally described in Exhibit "B" upon the fOllowing events and conditions: (a) PaYment of $292,600.00 on behalf of the property owners in the South Galena/South Mill Street area as a contribution no later than January 2, 1988. (b) The consent agreement of all property owners abutting South Galena Street, to realign South Galena Street at no cost therefor, to be evidenced by signing such documents as approved by the City Attorney no later than March 1, 1988. (c) That bids for the cost of construction of the improve- ments do not exceed $418,000.00. (d) The agreement of the owner of the Aspen Mountain Lodge Project to install and construct surface improvements 3 acceptable to the City Engineer pursuant to the Planned unit Development/Subdivision Agreement for Aspen Mountain Lodge at a cost of approximately $218,000.00, simultaneous with the proposed improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1 The City Council hereby expresses its intent to appropriate $125,400.00 toward the cost of and to construct those public improvements generally described on Exhibit "B", conditioned upon the following: (a) That the sum of $292,600.00 is collected on behalf of the property owners listed on Exhibit "A" and tendered to the City for acceptance on or before January 2, 1988; (b) That all property owners abutting South Galena Street consent and agree to a realignment of South Galena Street at no cost therefor and sign such documents evidencing such agreement as approved by the City Attorney no later than March 1, 1988; (c) That bids for the cost of construction of the improve- ments do not exceed $418,000.00. (d) That the owner of the Aspen Mountain Lodge Project agree to install and construct surface improvements 4 acceptable to the City Engineer pursuant to the Planned unit Development/Subdivision Agreement for Aspen Mountain Lodge at a cost of approximately $218,000.00, simultaneous with the construction of the proposed improvements. Section 2 The funds accepted by the City on behalf of the property owners and the funds to be contributed by the City shall be deposited in a special interest-bearing fund under the control of the City to be known as the "South Galena/South Mill Street Public Improvement Fund". Said funds shall be specifically allocated to pay for the improvements described on Exhibit "B" and shall be disbursed only upon the approval and certification of the City Engineer and City Manager that such funds are being used for such purposes. In the event said improvements are not constructed or if there are surplus funds after all costs of the project have been paid for, any amounts remaining shall be reimbursed to the City and to the entity from whom the City receipted for said funds on a pro rata basis. Unless the entity agrees otherwise, any amounts in the South Galena/South Mill Street Public Improvement Fund shall be reimbursed if the improvements are not initiated on or b0fore September 1, 1988. 5 Section 3 In the event $292,600.00 is tendered to the City as pro- posed, the City Engineer shall arrange for the details and specifications for the construction of the proposed improvements, the costs for which will be mutually approved by the City Manager and the entity tendering said funds to the City, which specifioa- tions shall include: 1. A detailed estimated of the total cost of the improve- ments. 2. A detailed estimate of the cost of each major type of improvement. 3. The estimated time of construction. 4. Full details and specifications of the construction of the proposed improvements, which details and specifica- tions shall permit and encourage competition among bidder. 5. A map showing the real property ownership which is expected to contribute toward the cost of the improve- ments. Section 4 Those improvements within existing within public rights-of- way shall be deemed for all purposes as public improvements and the property of the City. 6 section 5 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 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. section 7 A public hearing on the ordinance shall be held on the /DZ~ day of LZ?~ , 1987, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. the INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by City Council of the City of Aspen on the ~ day of .~~ , 1987. ~;c. ~~ william L. stirling, ayor ATTEST: '-' 4~ . Koch, city Clerk 7 /..:J~ day of FINALLY adopted, passed and approved this tf2~4 4~ ATTEST: ~.~ v' d,~--< . Kathryn . Koch, city Clerk , 1987. ~/~' , ,~ &t.-~, william L. 8 --