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HomeMy WebLinkAbout06583Reception 1339103 11/20/2000 Ordinance No. 6583 AN ORDINANCE CREATING THE SOUTHPOINTE SPECIAL IMPROVEMENT MAINTENANCE DISTRICT, IMPOSING A MILL LEVY UPON REAL PROPERTY WITHIN THE DISTRICT AND CALLING FOR AN ELECTION APPROVING THE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO THAT: Section 1. District Created Pursuant to Chapter 9 of Title XII of the Pueblo Municipal Code, as amended, there is hereby created the SouthPointe Special Improvement Maintenance District (referred to hereinafter as the "District "), consisting of all of the land described on the attached Exhibit A located in the City of Pueblo, Pueblo County, Colorado. Additional real property may be included within the District as provided in Section 9 and real property may be excluded from the District as provided in Section 10. Section 2. Purpose of District The purpose of the District is to provide for the maintenance of certain public improvements of general benefit to the residents and real property owners within the District, whether such improvements are publicly dedicated or privately owned by an organization of District residents, such as a homeowners' or merchants' association. The public improvements to be maintained by the District may include open space, trails, 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 1 11111111111111111111111111 IN 11111111 111 111111111 IN 1339103 11/20/2000 02:03P ORD Chris C. Munoz 2 of 14 R 70.00 D 0.00 Pueblo Cty Clerk 8 Roe will be located primarily, but not exclusively, on and along the public streets within the District. The public improvements to be maintained will be improvements of a kind for which the City would not normally provide maintenance. The use of the funds generated by the District for the maintenance of these public improvements thus provides a special benefit to the District which the petition requesting the formation of the District indicates is desired by the owners of property within the District. The City Council concludes that the formation of this District will provide for the maintenance of these public improvements and the conferring of these special benefits in a manner that will fairly and equitably be apportioned among those who receive these special benefits. Section 3. Maintenance of Improvements At such times as specific improvements to be maintained by the District are completed or can otherwise be identified with particularity, the Advisory Committee created by Section 11 below, in consultation with the City Department of Parks and Recreation, shall recommend to the City Council which improvements shall be subject to this Ordinance, and this Ordinance may be amended by the City Council to identify precisely those improvements within the District that are to be maintained by the funds generated by this Ordinance. To the extent funds are generated by this Ordinance, the City, through its Department of Parks and Recreation, will provide maintenance and repair of such improvements after the -2- 1111111111111111111111111111111 IN IIIIIIIIIIIIIIII 111111111111 IN 1339103 11/20/2000 02:05P ORD Chris C. Munoz 3 of 14 R 70.00 D 0.00 Pueblo C!y Clerk & Rae improvements have been completed and accepted by the City and after the applicable developer's warranty period has expired; provided, however, that the City will not be required to commence maintenance of any improvements within the District prior to the time specified in Section 7 of this Ordinance, notwithstanding the fact that the City will collect general property taxes from real property within the District prior to such time. All such funds collected prior to the time the City commences maintenance of any improvements within the District will be held by the City and used only for the maintenance of improvements subject to this Ordinance at such time as the City assumes responsibility for such maintenance. The City may contract with other persons or entities to perform the maintenance contemplated by this Ordinance, including but not limited to the developer who installs the improvements, homeowners' associations, business owners' associations, landscape maintenance companies, other private entities or metropolitan districts, special districts or similar entities formed pursuant to applicable law. Section 4. Mill Levy The mill levy to be levied against the real property in the District and to be paid by the real property owners in the District shall be based on the assessed dollar value of the taxable real property (not including taxable personal property) within the District. Subject to the approval of the eligible electors within the District as provided in Section 5, the mill levy shall be fixed at five mills. The mill levy shall become effective and be imposed on the taxable -3- 1111111 HIM 111111111111111 IN 11111111111111111111 IN 1359103 11/20/2000 02:05P ORD Chris C. Munoz 4 of 14 R 70.00 D 0.00 Pueblo C!y Clerk & Roc real property within the District as early as may be permitted under applicable law. The mill levy levied hereby shall be payable by owners of real property within the District at the same time and in the same manner as general real property taxes. All monies collected from such mill levy shall be used only for the purposes set forth in this Ordinance. Section 5. Election (a) The mill levy created and imposed by this Ordinance is subject to the approval of the registered eligible electors of the District at an election to be held on November 7, 2000, as required by and in compliance with Article X, Section 20 of the Constitution of the State of Colorado and Section 12 -9 -9 of the Pueblo Municipal Code. This Ordinance shall be effective only if the mill levy and this Ordinance are approved by the majority vote in favor thereof by the registered eligible electors of the District voting thereon at such election. The City Council hereby calls for the election described above and directs the City Clerk to take all actions necessary or convenient to assure that such election occurs on November 7, 2000. If this Ordinance and the mill levy created and imposed by this Ordinance are not approved by the eligible electors of the District in such election, this Ordinance shall be deemed to have been repealed. (b) The election shall be conducted by the City Clerk as near as practicable in conformity with the provisions of the Pueblo Election Code, except: -4- 11111111111111111111111111111 IN IIIIIIIIIIIIIIII 111111111111 IN 1399103 11/20/2000 02:05P ORD Chris C. Munoz 9 of 14 R 70.00 D 0.00 Pueblo Cty Clerk 8 Ree (1) an eligible elector shall be as defined in Section 12 -9 -2 of the Pueblo Municipal Code; (2) there shall be only one polling place and one ballot box, both located at City Hall, 1 City Hall Place, Pueblo, Colorado 81003; and (3) paper ballots shall be used and manually counted. (c) The ballot question (submission clause and title) for the election is hereby fixed and shall be as follows: SHALL SOUTHPOINTE SPECIAL IMPROVEMENT MAINTENANCE DISTRICT TAXES BE INCREASED BY $500.00 ANNUALLY COMMENCING IN 2001 AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER BY THE IMPOSITION OF A MILL LEVY OF FIVE (5) MILLS UPON THE REAL PROPERTY LOCATED IN THE SOUTHPOINTE SPECIAL IMPROVEMENT MAINTENANCE DISTRICT WITHIN THE CITY OF PUEBLO ( "DISTRICT "), TO BE COLLECTED, RETAINED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AS AN EXEMPTION TO THE LIMITS THAT WOULD OTHERWISE APPLY PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW, AND SHALL ORDINANCE NO. 6583 CREATING THE SOUTHPOINTE SPECIAL IMPROVEMENT MAINTENANCE DISTRICT BE APPROVED? Section 6. Level of Maintenance If a mill levy of five mills has been imposed but funds raised therefrom are insufficient to fully maintain all improvements within the District, and the mill levy limit is not increased as provided by law, then the City will provide a reduced level of maintenance for improvements within the District. Similarly, if a limitation on mill levies or real property taxes is imposed by a governmental entity having jurisdiction over the District other -5- 1111111111111111111111111111111 IN 11111111 III 111111111 IN 1339103 11/20/2000 02:05P ORD Chris C. Munoz 6 of 14 R 70.00 D 0.00 Pueblo Cty Clerk & Roe than the City, and consequently the mill levy becomes inadequate to fully maintain all improvements within the District, then the City may provide a reduced level of maintenance for such improvements. Section 7. Initial Mill Levy; Date Maintenance to Commence It is contemplated that the first improvements subject to this Ordinance shall be completed, and the mill levy on the real property within the District will be imposed, during the year 2001. Notwithstanding the fact that taxes will be levied against the real property within the District, the City will not assume any responsibility for maintaining the improvements within the District to be maintained pursuant to this Ordinance until January 1 of the fiscal year after the first fiscal year during which taxes generated by the mill levy imposed by this Ordinance are collected by the City. Until the City so assumes responsibility for maintaining such improvements, the maintenance of all such improvements shall be the responsibility of, and at the expense of, the person or entity who installs such improvements. Section 8. Tax Lien The taxes levied in accordance with the mill levy created by this Ordinance, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall constitute a perpetual lien, until paid, on and against the real property taxed, and such lien shall be a lien on a parity with the tax lien of other general taxes. 111111111111111111111111111 IN 1111111111111111 IN IN 1359103 11/20/2000 02:05P ORD Chris C. Munoz 7 of 14 R 70.00 D 0.00 Pueblo C!y Clerk 8 Ree Section 9. Inclusion of Additional Property. Additional real property may be included within the District in accordance with the procedures set forth in Section 12 -9 -12 of the Pueblo Municipal Code. Section 10. Exclusion of Property Any portion of the real property included within the District may be excluded from the District in accordance with the procedures set forth in Section 12 -9 -12 of the Pueblo Municipal Code. Section 11. Advisory Committee Created. There is hereby created the SouthPointe Special Improvement Maintenance District Advisory Committee for the District (the "Advisory Committee "). Section 12. Advisory Committee Membership; Meetings A. The Advisory Committee shall be composed of three members, all of whom are natural persons at least 18 years of age. Until December 31, 2006, or such earlier date as Horizon Communities, Inc., a Colorado corporation ( "Horizon "), ceases to own real property within the District, two members of the Advisory Committee, who need not be owners of real property within the District, shall be selected by Horizon and shall serve at the pleasure of Horizon. The first two members to be selected by Horizon shall be selected on or before December 31, 2000. The other member shall be appointed by the City Council prior to December 31, 2000 and shall serve at the pleasure of City Council. After December 31, 2006, all members of the Advisory -7- Mill 1111111111 IN lill IS MINE III Hill Till IS 1359103 11/20/2000 02:05P ORD Chris C. Munoz 8 of 14 R 70.00 D 0.00 Pueblo C!y Clerk & Ree Committee shall be appointed by City Council to serve at the pleasure of City Council. B. The following natural persons shall be eligible for membership on the Advisory Committee: 1. Individual natural persons who own an interest in real property within the District; 2. A director, officer or employee of a corporation that owns an interest in real property within the District; 3. A partner of a partnership, whether general, limited, or any other form of partnership, that owns an interest in real property within the District; 4. A member or manager of a limited liability company that owns an interest in real property within the District; 5. A trustee, other than a trustee under a deed of trust for security purposes, of a trust that owns an interest in real property within the District; and 6. If a partner, member, manager or trustee is a corporation or legal entity other than an individual natural person, the applicable provision as to representation of that entity shall apply to determine persons who are eligible for membership on the Advisory Committee. C. A representative of the Department of Parks and Recreation to be designated by the City Council may C� 11111111111111111111111111111111111111111111111 IN IN 1339103 11/20/2000 02:03P ORD Chris C. Munoz 9 of 14 R 70.00 D 0.00 Pueblo Cty Clerk & Roe serve as an ex officio member of the Advisory Committee in addition to the three regular members. D. The Advisory Committee shall elect its own chairperson and vice - chairperson and may adopt bylaws or other rules for its own governance and procedures. A majority of the entire membership of the Advisory Committee shall be required to support a recommendation to City Council. E. The Advisory Committee shall meet on the call of its duly elected chairperson or, in his or her absence, the vice - chairperson, but in no event less than once a year, so that a recommendation relating to the public improvements to be maintained, the District's budget, required mill levy and other appropriate recommendations may be forwarded to the City Council on or before September 1 of each year. Section 13. Advisory Committee Duties and Functions The duties and functions of the Advisory Committee shall be: A. To advise the City Council of the level, extent and effectiveness of maintenance needed to be provided for those public improvements that have been uniquely developed for the District. B. To review and recommend a proposed budget and resultant mill levy to support said maintenance for the ensuing fiscal year. C. To advise on any other matters determined to concern the operation of the District, including but not limited 11111111111111111111111 1111 IN IIIIIIIIIIIIIIII 111111111111 IN 1339103 11/20/2000 02:03P ORD Chris C. Munoz 10 of 14 R 70.00 D 0.00 Pueblo Cty Clerk & Roe to supplemental maintenance to public improvements normally maintained by other entities and individuals. D. To advise and make recommendations as to any contracts involving the use of public monies within the District that will affect the level, extent or effectiveness of required maintenance. E. The Advisory Committee shall have no authority to make any decision and shall have no obligation to manage the District or administer or collect the mill levy imposed by this Ordinance, as these functions shall be performed by the City. Section 14. Obligation of City Except as expressly provided herein, neither this Ordinance nor any provision hereof shall impose any obligation on the City to provide a higher degree or level of maintenance within the District than that provided elsewhere in the City. If the City adopts and implements plans or policies that result in improvements in other areas of the City similar to improvements within the District (such as, but not limited to, street medians) being constructed and thereafter maintained from general tax revenues of the City, the City may also, but shall not be required to, provide equivalent maintenance, funded by general tax revenues, for similar improvements within the District, in which case such improvements would no longer be considered in determining the mill levy for the District. -10- 111111111111111111111111111 IN 11111111 III 111111 III IN 1359103 11/20/2000 02:05P ORD Chris C. Munoz 11 of 14 R 70.00 D 0.00 Pueblo Cty Clerk & Ree Section 15. Exclusion of Improvements from the District Upon recommendation of the Advisory Committee, the City Council may exclude improvements within the District, which have been previously maintained by the District, from the purposes contemplated by this Ordinance, in which case the cost of maintaining such improvements shall not be considered in determining the mill levy to be levied against the real property in the District, and any maintenance required for such improvements may be performed by the City without regard to this Ordinance. Section 16. Notification to Purchasers All individuals, corporations, partnerships or other entities engaged in the business of selling homes or lots to residential users shall, at or prior to the time that contracts for sales of homes or lots to residential users are executed, notify prospective purchasers of the existence of the District. Section 17. Termination of District The District may be terminated in accordance with the provisions of Section 12 -9 -10 of the Pueblo Municipal Code. The District shall continue in effect until such time as it may be so terminated. Section 18. Severability If any portion of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and, -11- 1111111 HIM 1111111111111111111 IN 1359103 11/20/2000 02:05P ORD Chris C. Muno2 12 of 14 R 70.00 D 0.00 Pueblo Cl.y Clerk 8 Ree to this end, the provisions of this Ordinance are declared to be severable. Section 19. Force and Effect This Ordinance shall be approved upon final passage, but shall not become effective nor the District organized until this Ordinance and the mill levy have been 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 this Ordinance and applicable laws. Upon such approval by the registered electors, this Ordinance shall be filed in the office of the County Clerk and Recorder of Pueblo County and notices of the formation of the District shall be filed in compliance with Section 39 -1 -110, C.R.S. ;may �QtlR U 6 � 1 MY Introduced August 28 , 2000 a ATTES r City�Clerk by: Rich Gol ends Council Person APPRO Pr6gident of City Council Passed and Approved: September 11, 2000 -12- 11111111111111111111111111111111111111111111111111 IN 1359103 11/20/2000 02:05P ORD Chris C. Munoz 13 of 14 R 70.00 D 0.00 Pueblo C!y Clerk & Roe I HEREBY CERTIFY that the foregoing Ordinance entitled "AN ORDINANCE CREATING THE SOUTHPOINTE SPECIAL IMPROVEMENT MAINTENANCE DISTRICT, IMPOSING A MILL LEVY UPON REAL PROPERTY WITHIN THE DISTRICT AND CALLING FOR AN ELECTION APPROVING THE SAME" was introduced and read at a regular meeting of the City Council of the City of Pueblo held on August 28 , 2000; that said Ordinance was passed at a regular meeting of the City Council of Pueblo held on September 11 , 2000; and that the same was published in full in the Pueblo Chieftain , a newspaper published and in general circulation in said City, at least 10 days before its passage. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City this 12` day of September 2000. A quim by \horizon \southpte. or2 September 20, 2000 r City Clerk -13- I HEREBY CERTIFY that the foregoing Ordinance entitled "AN ORDINANCE CREATING THE SOUTHPOINTE SPECIAL IMPROVEMENT MAINTENANCE DISTRICT, IMPOSING A MILL LEVY UPON REAL PROPERTY WITHIN THE DISTRICT AND CALLING FOR AN ELECTION APPROVING THE SAME" was introduced and read at a regular meeting of the City Council of the City of Pueblo held on August 28 , 2000; that said Ordinance was passed at a regular meeting of the City Council of Pueblo held on September 11 , 2000; and that the same was published in full in the Pueblo Chieftain a newspaper published and in general circulation in said City, at least 10 days before its passage. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City this 12 th day of September 2000. [SEAL] quimby \horizon \southpte. or2 September 20, 2000 City Clerk -13- PETITION FOR THE ORGANIZATION OF A SPECIAL IMPROVEMENT MAINTENANCE DISTRICT IN THE CITY OF PUEBLO We, the undersigned, who own all of the real property within the special improvement maintenance district proposed herein, hereby petition the City Council (the "Council ") of the City of Pueblo, Colorado (the "City ") for the organization of a special improvement maintenance district within the City, pursuant to Chapter 9 of Title XII of the Pueblo Municipal Code. In support of this petition, we state as follows: 1. Name The name of the proposed special improvement maintenance district is the "SouthPointe Special Improvement Maintenance District" (the "District "). 2. Property Included The real property to be included in the District is located entirely within the City and is legally described on the attached Exhibit A. 3. Improvements to be Maintained A general description of the improvements to be maintained within the District is as follows: Open space, trails, 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 public streets within the District. Such improvements within the District may be publicly dedicated or they may be privately owned by an organization of District residents or businesses, such as a homeowners' or merchants' association. 4. Cost of Maintenance The estimated yearly cost of maintaining the proposed improvements cannot be accurately estimated at this time. During the year 2001, the first year that taxes will be collected in the District, the annual cost will be zero because no improvements will yet be installed. In subsequent years, the cost of maintaining the improvements depends on the type and amount of improvements approved by the City Council for maintenance by the District. However, the costs of maintenance shall not exceed the amount of revenue that can be raised by a mill levy of five mills and other sources of funding the maintenance ( i.e. , contributions by the developer of SouthPointe). 5. Mill Levy The mill levy required by the District to meet the cost of maintaining the public improvements is five mills. 6. Waiver of Notice and Hearing The persons who have signed this petition own 100 percent of the taxable real property located in the District, and, consequently, the City Council may act upon this petition without the necessity for notice, publication or public hearing, in accordance with Section 9- 1 -7(b) of the Pueblo Municipal Code. WHEREFORE, we request that the above - described SouthPointe Special Improvement Maintenance District be organized in accordance with Chapter 9 of Article XII of the Pueblo -2- Municipal Code and all other applicable statutes and laws, and ask the Council to take all steps and procedures required by law for the organization of the District; and, further, request that, pursuant to Section 9- 1 -7(b) of the Pueblo Municipal Code, the Council waive all of the requirements for notice, publication and a public hearing set forth in Sections 9- 1 -7(a) and 9 -1 -8 of the Pueblo Municipal Code, and adopt an ordinance declaring the District organized. Dated August 21, 2000. HORIZON COMMUNITIES, INC., a Colorado corporation B Edward L. Robins" Vice - President Franks anio, Jr., Trus ee Marlon Ro6k6 Scanio� S r C fJ n I, 4- C J r p v .- C, D I � AA P c o /0Y C d APO . cfi J'1 l 1C Jam• Lc4 n J �r ���S,�c�Q� quimby \horizon \southpte• pet August 18, 2000 -3- Exhibit A LAND DESCRIPTION OF SOUTHPOINTE SPECIAL IMPROVEMENT MAINTENANCE DISTRICT A portion of Sections 22, 23, 26 and 27, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo, State of Colorado and being more particularly described as follows: All of said Section 22, EXCEPT the North 825 feet of the NW 1 /4 lying West of the centerline of Hollywood Drive, as platted in Vinewood Subdivision, Filing No. 1, A Special Area Plan, according to the recorded plat thereof and as platted in Heritage Village, Filing No. 2, A Special Area Plan, according to the recorded plat thereof AND All of said Section 23 lying West of the Westerly right -of -way line of Interstate Highway No. 25, as presently located, EXCEPT a tract of land conveyed to Pueblo Kennel Association by deed recorded in Book 1744 at Page 827 of the Pueblo County records AND All of the N 1 /2 of said Section 26 lying West of the Westerly right -of -way line of Interstate Highway No. 25, as presently located AND the North 568 feet of the NW 1 /4 of the SE 1 /4 lying West of the Westerly right -of -way line of Interstate Highway No. 25, as presently located AND the North 568 feet of the NE 1 /4 of the SW 1 /4 AND all of the NW 1 /4 of the SW 1 /4 AND All of the N 1 /2 and the N 1 /z of the S 1 /2 of said Section 27 Containing 1829 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, CO 81003 August 16, 2000 111111111111111111111111111 IN 11111111111111111111 IN 1359103 11/20/2000 02:05P ORD Chris C. Munoz IN 96 105 18 14 of 14 R 70.00 D 0.00 Pueblo C1.y Clerk & Roc