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HomeMy WebLinkAboutordinance.council.016-75 RECORD OF PROCEEDINGS ~/"~ 100/~l_eaves , , ORDINANCE NO. (Series of 1974) AN ORDINANCE ESTABLISHING A SIDEWALK IMPROVEMENT DISTRICT; DESCRIBING THE IMPROVEMENTS TO BE MADE; IMPOSING ASSESSMENTS AGAINST THE LAND SPECIALLY BENEFITTED THEREBY; ESTABLISHING A SCHEDULE FOR PAYMENT; AUTHORIZING THE DIRECTOR OF FINANCE TO CERTIFY UNPAID ASSESSMENTS TO THE TREASURER OF PITKIN COUNTY FOR COLLECTION IN A MANNER SIMILAR TO THE RECOVERY OF UNPAID TAXES; LISTING CONDITIONS THAT MAY RESULT IN ASSESSMENTS LARGER THAN PROVIDED FOR HEREIN; AND DIRECTING CONSTRUCTION OF THE IMPROVE- MENTS AS OF THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Aspen City Council, in its Reso- lution of Intention adopted at its meeting held on April 24, 1974, stated its intention to create that certain sidewalk improvement district as described in the maps constituting Exhibit A to such Resolu- tion and incorporated therein by reference, and WHEREAS, subsequent to the adoption of the Resolution of Intention, notice has been published once a week for three consecutive weeks in a news- paper of general circulation within the City of Aspen announcing a public hearing on the formation of such district, which hearing was scheduled for May 28, 1974, and WHEREAS, a copy of the notice described above was mailed by certified mail not less than thirty days prior to the date of the hearing to the owners of the affected properties, all as provided by Sections 19-155(a) and (b) of Ordinance No. 30, Series of 1973, and WHEREAS, at its regular meeting held May 28, 1974, the City Council has conducted the public hearing re- quired by said Ordinance No. 30 at the time and place RECORD OF PROCEEDINGS 100 Leaves specified in the published notice, and, while prior to and during said hearing, written protest against making the improvements proposed signed by the owners of property constituting the basis for the computation of assessment have been filed with the City Clerk, such protest represents owners of less than fifty per cent of such property, and WHEREAS, it is the desire of the City Council to proceed with the creation of the district and the imposition of the assessments hereto announced in a Schedule of Assessments, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 There is hereby established a sidewalk improve- ment district including the construction of sidewalks in those locations described on the location maps consisting of f~e pages and attached hereto as Exhibit A and incorporated herein by reference. Section 2 That in those locations described in said Exhibit A, there be constructed concrete sidewalks four (4") inches thick, five (5') feet in width in residential and six (6') feet wide in commercial areas, and be constructed concrete driveways six (6") inches thick and of the width allowed by the provisions of the Aspen Municipal Code. Section 3 That of the cost of construction, the sum of Sixty-one Thousand Five Hundred and Nineteen ($61,519.00) Dollars be assessed against the lands specially bene- fitted as follows: -2- RECORD OF PROCEEDINGS 100 Leaves (a) That those properties listed on the attached Schedule of Assessments, Exhibit B, and incorporated by this reference, be assessed for those amounts designated by said Schedule of Assessments. (b) That said assessments made pursuant to this ordinance shall be due and payable to City Hall, Aspen, Colorado, in full without demand within thirty (30) days after the effect of this ordinance. (c) That, provided the land owners affected may, at their election so made known to the City, pay the amount due in five (5) equal installments, the first installment due and payable on November 1, 1974, and on each November 1 thereafter until November 1, 1978 with interest of ) per cent payable thereon. (d) That, in the event any assessments hereby levied are not paid when due, the Director of Finance shall, at least once a year, certify all unpaid assessments to the Treasurer of Pitkin County, Colorado, and that said Treasurer shall extend such assessments upon the tax roll of the County and collect the same for and on behalf of the City in the same manner as other taxes assessed upon said property. Section 4 That the assessments levied against the affected properties be limited to the amounts approved by this ordinance except under the following circumstances: -3- RECORD OF PROCEEDINGS 100 Leaves (a) If actual construction costs exceed estimated construction costs (but only to the maximum of an additional fifteen percent); and/or (b) Land acquisition costs exceed the estimated costs; and/or (c) Separate and additional elements of cost are incurred in construction or for other items which are of a nature generally not forseen and included in the construction costs at the time of the estimate. Such is to be based upon experience and similar projects in the past. Section 5 That the City Council does hereby approve the plans presented for construction and directs that construction according to the plans and specifications presented by the City Engineering Department be com- menced as of the effective date of this ordinance. Section 6 If any provision of this ordinance or the appli- cation thereof to any person or circumstance is held invalid, such invalidity shall not affect other pro- visions or applications of the ordinance which can be given effect without the invalid provisions or applica- tions and to this end the provisions or applications of this ordinance are declared to be severable. Section 7 A public hearing on the ordinance shall be held on , 1974, at 5 P.M. in the City Council Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED as provided by law by the City Council of the City of RECORD OF PROCEEDINGS 100 Leaves Aspen, Colorado, at its regular meeting held in the City of Aspen on , 1974. ATTEST: Stacy Standley III Mayor City Clerk READ, ADOPTED AND FINALLY APPROVED by the Aspen City Council at its meeting held , 1974. ATTEST: Stacy Standley III Mayor City Clerk