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HomeMy WebLinkAboutordinance.council.030-73RECORD OF PROCEEDINGS 100 Leaves O INANC NO. 30 (Series of 1973) AN ORDINANCE AMENDING CHAPTER 19 OF THE MUNICIPAL CODE OF ASPEN BY THE ADDITION OF ARTICLE VII THERETO SETTING FORTH CRITERIA FOR THE CONSTRUCTION AND RECONSTRUCTION OF SIDEWALKS WITHIN THE CITY OF ASPEN; AND ESTABLISHING A PROCEDURE FOR CONSTRUCTING AND RECONSTRUCTING PORTIONS OF SIDEWALKS BY ASSESSING THE COST THEREOF TO THE PROPERTIES SPECIALLY BENEFITED THEREBY. WHEREAS, the City Council deems it essential that in order to protect and preserve the public health and welfare the policy for improving the sidewalks throughout the city should be described and implemented by the enactment of the within ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the Municipal Code of the City of Aspen, Colorado is hereby amended by adding a new Article VII to Chapter 19 which said article shall read as follows: "ARTICLE VII. PROCEDURES FOR ESTABLISHING SIDEWALK IMPROVEMENT DISTRICTS. Section 19-150. Sidewalk Defined. Ail that part of the street, avenues or parkways in the City of Aspen which lies between the property line and the inner edge of the curb placed on the curbline as a curbline has been or shall be established, shall be considered the sidewalk. Section 19-151 When Sidewalks are to be Constructed or Reconstructed. (a) The City Council hereby establishes the following guidelines for the construction of sidewalks in any area within the City where sidewalks have not RECORD OF PROCEEDINGS 100 Leaves previously been constructed. Sidewalks shall be constructed: 1. In any area where sidewalks are necessary in order to provide adequate and safe routes for school children to and from their abodes and to or from public schools or other educational facilities. 2. In any area of the city where pedestrian traffic is not adequately accommodated either by existing sidewalks or where no sidewalks are in existence. 3. In any area within the City where the health, welfare and safety of the public make it necessary that adequate sidewalk facilities for the convenience of the public be provided for. (b) The City Council hereby establishes the following guidelines for the reconstruction or replacement of existing sidewalks within the City: 1. Any existing sidewalks, or portions thereof, shall be reconstructed or replaced in any of the following cases: a. Where any vertical displacement of the adjoining sidewalk section is in excess of 3/4" or; b. Where any lateral displacement of adjoining sidewalk section is in excess of 1"; or (2) RECORD OF PROCEEDINGS 100 Leaves c. In any area where the surface condition of the sidewalk has deteriorated, cracked, settled, or chipped, so as to create or constitute a hazard or unsafe condition to the public; or d. In any area where the sidewalk in which the traverse slope is in excess of 1" per foot; or in which the combination of transverse or longitudinal grade is insuffi- cient for adequate drainage of the sidewalk; or e. In any area where the sidewalk is less than 4 feet in width in any residential zoning district and less than 6 feet in width in any business or industrial zoning district and providing said sidewalk, or portion thereof, constitutes a hazard to the safety of pedestrians. Section 19-153 Assessment of Costs The City of Aspen shall participate in the costs of construction or reconstruction of any portion of any sidewalk within the City in the following manner: (a) The entire cost of any construction, reconstruction or repair of any sidewalk or portion thereof abutting public all~y~ ~r abutting property owned by the City shall be paid by the City of Aspen. (b) The entire cost of that portion of any curbwalk to be constructed or reconstructed or repaired around a radius extend- ing to the property line extension shall be paid for by the City of Aspen. (3) RECORD OF PROCEEDINGS 100 Leaves (c) The entire cost for any cross walks at intersections from the property lines to the street shall be paid for by the City of Aspen. (d) The entire cost for sidewalk across bridges, or other structures, across streams, irrigation ditches or canals shall be paid for by the City of Aspen. (e) The City shall pay 50% of side street sidewalks on corner lots which shall be interpreted as being the long lot dimensions of said lots. Section 19-153 City to Establish Revolving Fund. In order to provide for the participation by the City as described in Section 19-152, the City shall create and establish a revolving fund to which a reasonable amount of money shall be appropriated for each fiscal year. Said sums of money shall be used only for the purposes of paying the City's share of the cost of participation in the construction or reconstruction of any sidewalk throughout the City, or, in order to allow owners of abutting property assessed by the City for the said work to pay the said assessments over a period of time not exceeding five (5) years. Section 19-154 Initiation of Construction or Reconstruc- tion of Sidewalks. If a petition is received from owners of property representing ownership of property which is to receive over fifty percent (50%) of the special assessments that would be imposed for a project, or, if the City Council shall determine that construction or reconstruction of any sidewalk is required pursuant to the considerations in Section 19-151 hereof, or (4) RECORD OF PROCEEDINGS 100 Leaves for any other reason, the city council shall adopt a resolution of intention to create a special or local improvement district in the City of Aspen and provide therein for the right Of protest against the construction or installation of the pro- posed improvements and for notice of a public hearing. Section 19-155 Notice Requirements; Lodging Written Protest; Making of Objections and Remonstrances. Subsequent to adoption of a resolution of intention and prior to a public hearing thereon, the following notice shall be given: (a) By publication once a week for three (3) consecutive weeks (the first not more than 30 days prior to the hearing) in a newspaper of general circulation within the City, such notice to include: 1. The date, time and place of hearing. 2. The general nature of the improvements proposed along with the estimated costs thereof. 3. The amount of the estimated costs to be paid by the city and the total amount proposed to be assessed. 4. The general area which is to be assessed, the manner or method proposed in the levying of such assessments, and how the total cost will be appor- tioned to each lot or tract of land. 5. The assessments which are proposed to be levied against affected properties and circumstances which might occur to result in the final assessment being in an amount greater than that proposed. 6. A statement as to when assessments will be levied and when they will be due and payable. If (5) RECORD OF PROCEEDINGS 100 Leaves it is proposed that the assessments can be paid in installments, the installment schedule and the maximum interest rate will be included. 7. The place and times where the plans for the project will be available for review. 8. That written protests, objections and remon- strances by members of the general public and affected property owners may be lodged or made orally about the project, or any part of it, at the hearing. (b) A copy of the notice described in (a) above be mailed by certified mail not less than thirty (30) shall days prior to the date of the hearing to the owners of the affected properties, which notice will be deemed given when sent to the last known address of the last known owner of each affected property as indicated on the real property assessment rolls for general (ad valorem) taxes of Pitkin County. Section 19-156 Public Hearing; Ordering of Improvements. On the day and at the time and place specified in the notice required by Section 19-155 the City Council shall conduct a hearing for the purpose of considering the need for the proposed improvements. If prior to or during the public hearing written protest against making all of the improvements proposed shall be filed with the City Clerk, signed by owners of 50 percent of property constituting the basis for the compu- tation of assessments, as the case may be, of the real estate to be assessed in the district, the improvements therein shall not be made, unless the City shall pay one-half (½) or more of (6) RECORD OF PROCEEDINGS 100 Leaves the total cost of the improvements and funds derived from sources other than the levy of special assessments. If the City Council determines at the hearing, or at any later time or times to which the hearing might be continued, to proceed with the project, an ordinance shall be adopted prescribing: (a) The extent of the local improvement district to be assessed. (b) The kind and location of each improvement imposed. (c) The amount or proportion of the total cost to be defrayed by special assessments, the method of levying assessments, the number of installments, the times in which the costs assessed will be payable, and the interest rate, if applicable. In addition the ordinance shall approve the plans for the project and direct construction of the improvements. By defeat of a proposed ordinance, the City Council will deter- mine that the improvement project is not in the public interest, but such shall not limit proceedings for the same or similar improvements from being considered again at any time in the near future. Section 19-157 Modifications of District and Plans; Modification of Assessments Changes in the boundaries of the improvement district, the planned improvements, and the assessment levied shall remain unchanged except as follows: (a) No substantial change in the district, details, preliminary plans, specifications or estimates shall be made after the first publication or mailing of notice to property (7) RECORD OF PROCEEDINGS 100 Leaves owners, whichever occurs first, except for the deletion of a portion of the project and property from the proposed program district. The City shall, however, have the right to make minor changes in time, plans and materials entering into the work at any time before its completion. (b) The assessments which can be levied against the affected properties will be limited to the amounts approved in the ordinance adopted under section 19-156, except under the following circumstances: (1) If actual construction costs exceed estimated construction costs (but only to the maximum of an additional fifteen percent); and/or (2) Land acquisition costs exceed the estimated costs; and/or (3) Separate and additional elements of cost are incurred in construction or for other items which are of a nature generally not foreseen and included in the construction costs at the time of estimate. Such is to be based upon experience and similar projects in the past. Section 19-158 Objections to Proceedings Deemed Waived. Any objection to the regularity, or validity of proceedings prior to the date of the public hearing shall be deemed waived unless made at the terms of such hearing. After the expiration of thirty days from the date of final action and approval by the City Council of the ordinance described in Section 19-156, all actions or suits attacking its findings, (8) RECORD OF PROCEEDINGS 100 Leaves determinations and contents, and of all proceedings relating thereto, shall be perpetually barred. Section 19-159 Method of Assessment and How Payable; Remedy for Failure to Pay. Assessments made pursuant to this Article shall be levied according to the beneifts received. Assessments levied shall be due and payable to City Hall, Aspen, Colorado, in full without demand within thirty (30) days after the effective date of the ordinance levying the assessment unless the City Council shall, by ordinance, make them payable in installments- If not so paid, the Director of Finance shall, at least once a year, certify all unpaid assessments to the Treasurer of Pitkin County, Colorado, and the 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 such property." Section 2. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this ordinance are declared to be severable. Section 3. A public hearing on the ordinance shall be held on ~y~.~ /~2~ , 1973, at 5 p. m. in the City Council Chambers, City Hall Building, Aspen, Colorado. (9) RECORD OF PROCEEDINGS 100 Leaves INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at ATTEST: City Clerk the City of Aspen, Colorado, INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen at its regular meeting held at the City of Aspen, Colorado, on ~~ , 1973. ATTEST: STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on October 29 , 197.3, and published in the Aspen Times, a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of November 1 , 1973, and was finally adopted and approved at a regular meeting of the City Council on November 12 published as Ordinance No. 30 said City, as provided by law. , 1973--, and ordered , Series of 1973__, of IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 12th day of No~ember .... , 197__3. SEAL %-----~orraine Graves, City Clerk