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HomeMy WebLinkAboutordinance.council.001-93 ORDINANCE NO. ] Series of 1993 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DECLARING THE ENTIRE COST OF THE IMPROVEMENTS MADE IN THE UPPER UTE AVENUE IMPROVEMENT DISTRICT, IN THE CITY OF ASPEN, COLORADO, APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND BENEFITING FROM SAID IMPROVEMENTS IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND, PRESCRIBING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS. WHEREAS, by Ordinance No. 3, Series of 1992, finally passed and adopted on January 13, 1992, th~ City Council created the Upper Ute Avenue hnprovement District within the City of Aspen, Colorado, for the purpose of installing street improvements, including the replacement, renewal, widening or extension of same, mad to assess part of the cost of the improvments against properties specially benefited by the improvements and included within the District; and WHEREAS, the estimated total cost of the improvements authorized by the City Council for said District has been determined and the City Managef has prepared an assessment roll detailing the total amount to l~e assessed, the specific properties assessed, and the amount of assessment on each piece of property; and WHEREAS, a public hearing was set for J,'muary 11, 1993, at 5:00 p.m., in the City Council Chambers located at 130 South Galena Street, Aspen, Colorado, on the proposed assessments and Notice of the public hearing was published one time in the Aspen Times, a newspaper of g4heral circulation in the City of Aspen, at least fifteen (15) days prior to the date fixed for the hearing and in addition a notice of the hearing and the amount to be assessed to each lot was mailed not less than fifteen (15) days prior to the date fixed for such hearing to 1 each owner of real property whose property will be assessed for part of the cost of the ilnprovements; and WHEREAS, the City Council, in open and public session, on the date, place and time above mentioned, heard all arguments relating to the benefits accruing to any tract, block, lot or parcel of land therein and the amount proposed to be assessed against any such tract, block, lot or parcel; and WHEREAS, the City Council heard and considered all arguments and objections to the proposed assessment list and corrections and changes having been made to the assessment roll; and WHEREAS, it appears that the City Council has apportioned a share of the 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 amount as set forth in the proposed assessment roll; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Total Cost of Project. That the total cost of said project is Two Hundred Twenty Four Thousand Three Hundred Fifty Two Dollars ($224,352.00), which includes an amount not exceeding six percent (6%) of the costs of improvements for the cost of engineering and clerical service, advertising, legal services for preparing proceedings and advising in regard thereto, and other incidentals, and in addition, interest on the bonds issued at the time of payment of the first installment of the assessment and the bond issuance costs. Section 2. Benefit to Each Lot. That the City Council specifically finds that no proposed assessment on the assessment roll exceeds the benefit to be derived from the improvements by the piece of property to be so 2 assessed, and that no piece of property so listed will bear more than its proportionate share of the cost of such improvement. Section 3. Apportionment of Cost. That the apportionment of the total cost of the improvements, as set forth in the corrected assessment roi1 is hereby approved and confirmed and said apportionment is hereby declared to be in accordance with the special benefits which property in the District will receive by reason of the construction of said improvements, and a share of said cost is hereby assessed to and upon each lot or lot equivalent within the District in the proportions and amounts set forth in the said assessment list which is hereby incorporated within this ordinance and is attached hereto as Exhibit "A". Section 4. Payment of Assessment. That all assessments shall be due and payable to the City of Aspen Finance Director within thirty (30) days after the f'mal publication of this ordinance without demand; except that all such assessments may be paid, at the election of the owner, in installments, with interest, as hereinafter provided. Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held to be an election on the part of all persons interested, whether under disability or otherwise, to pay in such installments. In case of such election, the assessment shall be payable at the office of the Pitkin County Treasurer, in ten (10) equal annual installments of principal and interest, the first of which installments of principal shall be due and payable on or before April 30, 1994, and the remainder of said installments shall be due and payable successively on or before April 30, 1994, in each year thereafter, until paid in full, with interest on the unpaid principal at a rate not to exceed 6.70% per annum. Section 5. Penalty for Nonpayment of Installments. Failure to pay an installment, whether principal or interest, when due, shall cause the whole of the unpaid principal to become due and collectable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one and one-half percent (1.5 %) per month or fraction of a month until the day of sale; but at any time prior to the date of sale, the owner may pay the amount of all unpaid installments, with interest at one and one-half percent (1.5 %) per month or fraction of a month, and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if the default had not been suffered. Section 6. Discount on Payment of Assessment in Full. Payment may be made to the City of Aspen Finance Director at any time within thirty days after the final publication of this ordinance and an allowance of five percent (5 %) shall be made on all payments made during such period, but not thereafter. The disconnt of 5% shall apply to all such payments, whether the payment is the entire amount of assessment due, or a part of the assessment. At the expiration of said thirty-day period the City of Aspen Finance Director shall return the local assessment roll to the Aspen City Clerk, therein showing all payments made thereon, with the date of each payment. Said roll shall be certified by the Aspen City Clerk under the seal of the City of Aspen and be hand delivered to the Pitkin County Treasurer with her warrant for collection of the same. Section 7. Assessment Lien. That all assessments levied against the real property in the Upper Ute Avenue Improvement District together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall constitute, from the date of the final publication of this ordinance, a perpetual lien on the several amounts assessed against each lot 4 or tract of land, and shall have priority over all other liens, excepting general tax liens, and shall be enforced in accordance with the laws of the State of Colorado. No sale of property for the nonpayment of taxes or other special assessments shall extinguish the lien of other than the taxes or special assessments for the nonpayment of which snch sale is had. Section 8. Advance Payment of Assessments. All unpaid installments of assessments levied against any piece of property may (but only in their entirety) be paid prior to the dates on which they become due provided that the property owner paying such installments pays all interest which would accrue thereon to the next succeding date on which interest is payable on the bonds issued in anticipation of the collection of the assessments. In addition, the property owner must pay such additional amount of interest as in the opinion of the City Council is necessary to assure the availability of money fully sufficient to pay interest on the bonds as interest becomes due, and any redemption premiums which may become payable on the bonds in order to retire, in advance of maturity, bonds in a sufficient amount to utilize the assessment thus paid in advance. Section 9. This ordinance shall not have any effect on existing litigation and shall not operate as au abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under snch prior ordinances. Section 10. If any section, subsection, sentence, clanse, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a coart of competent jurisdiction, such portion shall be deemed a seperate, distinct ant. independent provision and shall not affect the validity of the remaining portions hereof. 5 A public hearing on the ordinance shall be held on the ~'~" day of?;~ 1993, 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 /// day of~ , 1993. John S. Bennett, Mayor A TTEST'~ Kathryn S. l~ch, City Clerk FINALLY adopted, passed and approved this ..~'~'-'- day of ~ ,1993. John tS. Bennett, Mayor ATTEST: uteu2.ord EXHIBIT "A" ASPEN CLUB LOT 15, CALLAHAN SUBD. $72;914.40 INTERNATIONAL, INC. ALSO PART OF LOT 14 BK 0479, PG 0656 COLEMAN, THOMAS B. CONDO A, HOAG-4-CONDO, $750.00 BK 0511, PG 0398 BK 0686, PG 0282 DAVIS, MR. I.G. JR. LOT 2, HOAG SUBD $2,057.34 FRAZER, JANE Z. & CONDO B, HOAG-4-CONDO $691.17 WILLIAM R. POWDERHOUSE LOT 16, CALLAHAN SUBD. $72,914.40 ENTERPRISES RAPPAPORT, GARY B. LOT 5, HOAG SUBD. $1,720.58 & SUSAN H. UTE PARK PARTNERSHIP PARCEL OF LAND SITUATED IN $72,914.40 NW4SE4 OF SECT. 18-10-84, CONTAININO 3.784 ACRES MORE OR LESS. BK 363, PG 887. BK 600, PG 303 ZALUBA, JOSEPH S. & LOT 3, HOAG SUBD. $389.71 COLLEN, RONALD C. BK 4, PG 218