Loading...
HomeMy WebLinkAbout06573ORDINANCE NO. 6573 AN ORDINANCE AMENDING TITLE XII OF THE PUEBLO MUNICIPAL CODE BY THE ADOPTION OF CHAPTER 9 THERETO RELATING TO SPECIAL DISTRICTS TO PROVIDE MAINTENANCE OF PUBLIC IMPROVEMENTS, ESTABLISHING PROCEDURES FOR CREATING SUCH SPECIAL DISTRICTS, AND ADOPTING OTHER MATTERS IN FURTHERANCE THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added): SECTION 1 _ Title XII of the Pueblo Municipal Code is hereby amended by the addition of Chapter 9 thereto as follows: CHAPTER 9 SPECIAL DISTRICTS TO PROVIDE MAINTENANCE OF PUBLIC IMPROVEMENTS Sec. 12 -9 -1. Legislative intent. (a) The City Council declares that the organization of special improvement districts within the City to provide maintenance of public improvements as defined in this Chapter will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants of such districts and of the people of the City. The City Council further declares that the procedures contained in this Chapter are necessary for the coordinated and orderly creation of special districts for maintenance of public improvements within the City. Sec. 12 -9 -2. Definitions. As used in this Chapter, unless the context otherwise requires: (a) "Eligible elector" means a person who at the designated time or event, is registered to vote pursuant to the Pueblo Election Code and M who has been a resident of the special district for not less than thirty days; or, 0 who or whose spouse owns taxable real property situated within the boundaries of the special district or area to be included in the special district whether said person resides within the special district or not. "Public improvements" or "improvements" means public improvements of general benefit to the residents and real property owners within a special district, whether such improvements are publicly dedicated or privately owned by an organization of residents of the special district such as a homeowners' or merchants' association and may include parks open spaces trails, bicycle paths, landscaping, fencing, pillars, street medians entry islands utility rights -of -way, irrigation facilities and associated water system improvements, theme areas and neighborhood theme signage, which will be located primarily, but not exclusively, on and along the public streets within the district, and for which the City would not normally provide maintenance. (c) "Special district" or "district" means a special district orqanized and existing pursuant to the provisions of this Chapter to provide maintenance of public improvements. Sec. 12 -9 -3. Purpose. The City Council shall have the power and authority to establish by ordinance, special districts for the purpose of maintenance of public improvements. Sec. 12 -9 -4. Organization. The organization of a district shall be initiated only by a petition filed with the City Clerk. The petition shall be signed by not less than a majority of persons who own real property in the district. For purposes of this Section a corporation limited liability company, partnership or other legal entity shall be considered one person. After the filing of a petition, no signer shall be permitted to withdraw his name from the petition. Sec. 12 -9 -5. Contents of petitions. The petition shall set forth: (a) The name of the proposed district. A legal description of the boundaries of the district with such certainty as to enable the Pueblo County Assessor and owners of property to determine whether or not specific property is within the district. (c) A general description of the public improvements to be maintained within the district. The estimated yearly cost of maintaining the public improvements (e) The mill levy required by the district to meet the cost of maintaining the public improvements. A request for organization of the district. Sec. 12 -9 -6. Validity. Any petition having the requisite signatures shall be valid if in substantial compliance with the requirements of Section 12 -9 -5. The City Council may, at any time permit the petition to be amended to correct any errors in the description of the district or in any other particular. Sec. 12 -9 -7. City Council action. (a) After the filing of the petition, the City Council shall set a date not less than thirty (30) or more than sixty (60) days after the petition is filed for a hearing thereon. The City Clerk shall cause a notice of the hearing to be published at least ten (10) days prior to the hearing. The City Clerk shall also mail a copy of the notice of the hearing to each owner of record of real property within the proposed district. The notice of hearing shall set forth the boundaries of the proposed district, the fact that all property in the district will be subject to a mill levy, and shall set forth the amount of the mill levy required to meet the cost of maintaining the improvements as set forth in the petition. If the petition is signed by one hundred percent (100 %) of the persons who own real property in the proposed district, the City Council may, at its discretion, act upon the petition without the necessity for notice, publication, or public hearing set forth in subsection (a) of this Section and Section 12 -9 -8. Sec. 12 -9 -8. Hearin Upon the hearing, or if the petition is signed by one hundred percent of the persons who own real property in the proposed district, without such hearing, the City Council may by ordinance establish the district if it appears that the petition has the requisite number of signatures, and that the allegations of the petition are true. If the City Council determines that the petition has not been signed by the requisite number or if in the opinion of the City Council the proposed mill levy is excessive in relation to the benefit conferred, it shall dismiss the petition. The finding of the City Council on accepting or dismissing a petition shall be final and conclusive and no appeal shall lie from a determination to accept or dismiss the petition, provided, however, that nothing in this Section shall be construed as preventing the filing of subsequent petitions for similar improvements or a similar district. In establishing a district the City Council shall determine the public improvements to be maintained, and shall fix a rate of mill levy which, when levied upon every dollar of the valuation for assessment of taxable real property within the district shall raise the amount required by the district during the ensuing fiscal year to meet the cost of maintaining the public improvements. Sec. 12 -9 -9. Election. The organization of a district and the imposition of a mill levy shall not become effective until approved by majority vote in favor thereof by the registered electors of the district voting thereon at a ballot issue election held for that purpose pursuant to applicable laws. Sec. 12 -9 -10. Termination. A district so organized shall continue in effect until terminated by City Council by ordinance initiated by resolution of the City Council or pursuant to a petition signed by not less than a majority of persons who own real property in the district requesting such termination filed with the City Clerk. The City Council shall set a date not less than thirty (30) nor more than sixty (60) days after adoption of the resolution or the petition is filed for a hearing thereon. The City Clerk shall cause a notice of the hearing to be published at least ten (10) days prior to the hearing. The City Clerk shall also mail a copy of the notice of hearing to each owner of record of real property within the district. Upon the hearing the City Council shall determine whether to dissolve the district or keep the district in effect. If the City Council determines to dissolve the district it shall be ordinance declare the district dissolved on December 31 of the calendar year during which such ordinance is adopted and the City Council shall not fix a mill levy for the ensuing fiscal year. The finding of the City Council on dissolving the district or keeping the district in effect shall be final and conclusive and no appeal shall lie from such a determination. If the City Council determines to keep the district in existence, no further action to dissolve the district shall be considered for one year. Sec. 12 -9 -11. Annual levy. (a) As long as the district shall remain in effect the City Council shall no later than August 1 of each fiscal year, determine for the ensuing fiscal year the public improvements to be maintained, the amount of money necessary to be raised by a levy of taxable real property in the district shall fix a rate of levy which, when levied upon every dollar of the valuation for assessment of taxable real property within the district, shall raise the amount required by the district during the ensuing fiscal year to meet the cost of maintaining the public improvements. If the rate of levy so calculated for the ensuring fiscal year shall exceed the rate of levy for the current fiscal year, a ballot issue election shall be held during the state general election, the City general election or on the first Tuesday in November of odd - numbered years as may be applicable to determine whether the mill levy shall be increased from that of the current year to the amount calculated for the ensuing fiscal year. In accordance with the schedule prescribed by statute the City Council shall certify to the board of county commissioners of Pueblo County, the mill levy rate as fixed in order that, at the time and in the manner required by law for levying of taxes, such board of county commissioners shall levy such tax upon the valuation of all taxable real property within the district. Sec. 12 -9 -12. Boundaries. The boundaries of any district organized under this Chapter may be changed in the manner prescribed in this Section. The owners of property proposed to be included in, or excluded from the district, or if more than one tract of property, not less than a majority of persons who own the real property sought to be included, or excluded, may file a petition with the City Clerk requesting that such property be included in, or excluded from the district. The petition shall describe the property owned by the petitioners and shall be verified. The City Clerk shall cause a notice of hearing on said petition to be published at least ten (1.0) days prior to the hearing on the petition by the City Council, which notice shall state the filing of such petition, names of petitioners, and descriptions of property sought to be included or excluded. The City Clerk shall also mail a copy of said notice to each owner of record of real property sought to be included in or excluded from the district. The City Council at the time and place mentioned shall proceed to hear the petition and any objections thereto. If the petition for exclusion is granted, the City Council shall adopt an ordinance excluding the area from the district effective December 31 of the calendar year in which the ordinance is adopted. The ordinance excluding area from the district shall be final and binding. If the petition for inclusion is granted, the City Council shall adopt an ordinance to that effect. Thereafter, if the eligible electors within the area proposed to be included in the district approve such inclusion and mill levy fixed by the City Council by affirmative vote at a ballot issue election held for that purpose pursuant to applicable law, said property shall be included in the district. Sec. 12 -9 -13. Tax liens. All taxes levied pursuant to the provisions of this Chapter together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same shall constitute a perpetual lien on and against the real property taxed until paid in full, and such lien shall be on a parity with the tax lien of other general taxes. Sec. 12- 9 -14. Advisory committee. The City Council may appoint an advisory committee consisting of owners of real property within the district, to advise the City Council on the public improvements within the district to be maintained and any other matters concerned with the operation of the district. Sec. 12 -9 -15. Obligation of City. Neither the organization of any district nor any provision of this Chapter shall impose any obligation on the City to provide maintenance within any such district to a higher degree or greater than that provided elsewhere in the City. SECTION 2. All ordinances of the City, or parts thereof, in conflict with this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 3 If any provision of this Ordinance shall be held or deemed to be or shall, in fact, be invalid, inoperative or unenforceable, the same shall not affect any other provision or provisions hereof or render the same invalid, inoperative or unenforceable to any extent whatsoever. SECTION 4 This Ordinance shall become effective immediately upon final passage. INTRODUCED August 14, 2000 BY Robert Schilling Councilper oyf , APPROVED:; President of the Council ATTEST: