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