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HomeMy WebLinkAboutordinance.council.081-92 ~- '.. &1) hi.'.:... itk", !.'..... \1..\, " ORDINANCE NO. 81 (Series of 1992) AN ORDINANCE 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 FACILITIES TO UNDERGROUND LOCATIONS; AND ADOPTION OF DETAILS AND SPECIFICATIONS THEREFOR. WHEREAS, the City Council adopted Resolution No. 48, Series of 1992, in which it determined that the removal of all or a part of the existing electric and communications facilities, including but not limited to, overhead electric, television, or telephone communications facilities and the replacement thereof with underground electric and communication facilities will promote public convenience, necessity and welfare; and WHEREAS, pursuant to said resolution, notice of a public hearing concermng the creation of the district and the removal of all or a part of the existing electric and communications facilities and the replacement thereof with underground electric and communication facilities has been given by publication in one (1) issue of the Aspen Times, a newspaper of general circulation in the City, at least twenty (20) days prior to the date of the hearing, and in addititon, notice was mailed by first class on or about the date of publication of the notice, to the owners of all real estate within the proposed district who are to be assessed for the cost of the improvements; and WHEREAS, on the day and at the time and place specified in the notice, the City Council conducted a public hearing for the purpose of considering the desirability of and need for the proposed improvements; and WHEREAS, following the hearing, the City Council determined to proceed with the creation of the proposed improvement district. "- ~, . << ,~...... ':sll' 'It' ~.:'.... '\. >, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Creation of District. That a special improvement district for the purpose of removal of all or a part of the existing electric and communications facilities, including but not limited to, overhead electric, television, or telephone communications facilities and the replacement thereof is hereby created and established in accordance with the City Charter, Article VII, Chapter 19 of the Municipal Code, and Section 29-8-10 1, et seq., of the Colorado Revised Statutes; subject, however, to the approval by the electors of the City of Aspen to an election to be called by the City Council at a future date in accordance with Article XX, Section 20(3) of the constitution of the State of Colorado, as amended, authorizing the issuance of special improvement bonds as hereinafter described. The special improvement district shall be known and designated as the "Underground Improvement District No. 2 - 1992". All proceedings heretofore taken and adopted in connection with the district are hereby ratified, approved and confirmed. Section 2. Approval of Engineering Plans. That the Engineer's preliminary plans, specifications, estimates of cost, maps and schedules for the proposed improvements, are hereby approved and adopted. Section 3. Boundary of District. That the real property to be included within the district and benefited by the proposed improvements, includes the property within the boundaries as depicted in the attached map appended hereto as Appendix "A" and by this reference incorporated herein as if fully set forth here. The area is generally bounded as follows: Those areas within the city limits of the City of Aspen which are situated (a) West of Castle Creek and North of state highway 82, excluding the municipal golf course and all lots in the West Aspen subdivision which do not front upon Cemetery Lane; (b) South of Deane St. (and Deane Street extended to city limits), excluding all 2 <<- ~. Ie if... i". '\ iiil."._ .{ 1\ \"'. '\-." property within the Upper or Lower Ute Avenue Improvement Districts; and (c) all lots or parcels of property within Utility Underground Improvement District No.1 which did not have their overhead electric or communication facilities previously converted or which subsequently installed overhead facilities. Section 4. Assessments. 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. The method of assessment shall be as follows: a. All secondary service connections attributable to Holy Cross electrical facilities shall be assessed the actual costs directly to the owner of the property upon which such work is performed. b. All costs attributable to the conversion of U. S. West facilities shall be assessed equally to all owners of either property upon which actual physical conversion work is performed or property which is adjacent to or across the street from the conversion of primary communication facilities. c. The cost attributable to acqulSltlOn of access easements for electrical facilities shall be assessed equally to all owners of property who are subject to assessment under subsection a above. d. Bond issuance costs shall be assessed equally to all property owners who chose to finance their assessments. e. The costs attributable to administration of the project shall be assessed equally to all owners of property within the district. f. Engineering costs shall be assessed to owners of property subject to assessment under subsection a above in proportion of the individual secondary costs to the total costs for all secondary work. Section 5. That the improvements shall consist of removing Improvements. 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 3 -" It., Ii?,-"',,, 0_ ,~,a,,',',,' ~., and utility boxes or pedestals, and electric power transformers, 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. Section 6. Cost of Improvements. 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 communication facilities is the amount of Five Hundred Fifteen Thousand Eight Hundred Fifty Dollars ($515,850.00), not including any bond interest cost. Section 7. Payment of Assessments. The assessments to be levied for the cost of the improvements shall be due and payable within thirty (30) days after adoption and passage of the assessing ordinance. However, all such assessments may be paid, at the election of the owner, in not more than ten (10) installments of principal with interest in all cases on the unpaid portion of such assessment, at a rate as shall later be determined by the City Council and set forth in the assessing ordinance. The installments of assessments shall be due and payable at such times as set forth in the assessing ordinance. Section 8. Special Improvement Bonds. Subject to the election provisions of Article X, Section 20(3), of the Constitution of the State of Colorado, as amended in the general election of November 3, 1992, and pursuant to the City Charter, Article VII, Chapter 19, of the Municipal Code, and Section 29-8-129, C.R.S., local improvement bonds of the City shall be issued for the purpose of paying all or such portion of the cost of the improvements to be constructed, as may be assessed against the property specially benefited. The bonds shall be 4 1_,', ~. '- q''''''!''''''''' ", t,,-_ /1."" IA ~',- issued based upon estimates or contract atnolints approved by the City Council, and as authorized by an election held pursuant to Article XX, Section 20(3), of the constitution of the State of Colorado, as amended. Section 9. Records of Proceedings. That a copy of the cost and feasibility reports, and all resolutions and proceedings are on file and can be seen and examined by any interested person in the office of the City Clerk, City Hall, 130 S. Galena Street, Aspen, Colorado, during normal business hours, Monday through Friday exclusive of legal holidays. Section 10. Findings of City Council. The City Council hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefit upon the real property within the district. The City Council further finds and determines that the improvements were duly ordered after notice duly given and after the hearing was held by the City Manager pursuant to Article VII, Chapter 19 of the Municipal Code, and that protests were not presented by the owners of a majority of all property benefited and constituting the basis of the assessments. Section 11. Repealer. All ordinances or resolutions, or parts thereof, II1 conflict herewith are hereby repealed, but only to the extent of such conflict. Section 12. Severability. That 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 seperate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. 5 !"rt,",_',,' I~, "'< 'I.',.,'", {\>. I~.', '\,,- . Section 5 A public hearing on the ordinance shall be held on the I! day of ~~ ' 1992, in the City Council Chambe~ Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council ~/'<-' ;7 day of of the City of Aspen on the , 1992. ~ '>, /:5~- John S. Bennett, Mayor ATTEST: ~~2h,i6~ FINALLY adopted, passed and approved this 1/ day of ~<9hlJ/ , 1993. , ~ ~. i5J-" ~'>I.( John S. Bennett, Mayor AT'rEs'r: 6 -- UTILITY UNDERGROUND IMPat DISTRICT NO.2., ila" .)ftC,' .. <'0 ~ <il-.,~ ~'" 0<,. <'<. "<, Undergrounding 98% completed Utility Undergrounding Improvement District No. 2 ~/j; ;" "'-- . '!oA "0+ . .9';0. ",,- ,0" ~O.J. heavy line is City Limits Solid I NOTE There are a few pockets of a few customers within the area indicated as being complete which will be included in District No.2.