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HomeMy WebLinkAbout07048AMENDED COPY 9/22/2003 ORDINANCE NO. 7048 AN ORDINANCE CREATING THE BANDERA BOULEVARD 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 Bandera Boulevard 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 ( "City "). 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. The governing body of the District shall be the City Council of the City 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. The public improvements to be maintained by the District may include trails and paths, landscaping, streetscape, street medians, street sidians, irrigation facilities and associated water system improvements, which will be located within the right -of -way corridor of Bandera Boulevard and within 685 feet of the right -of -way corridors of intersecting collector and minor arterial 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, 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 improvements have been completed and accepted by the City; provided, however, the subdivider shall not be released from any obligation with respect to any warranty relating to such improvement; and further 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; and, further provided, that until the City commences maintenance of any improvement, the maintenance of such improvement shall be the responsibility of, and at the expense of, the person or entity who installed the improvement, or the person or entity who is designated in any subdivision improvements agreement to maintain the improvement, if different than the person or entity who installed the improvement. All such funds collected prior to the time the City commences maintenance of any improvement 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 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 4, 2003, 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 4, 2003. 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: (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 BANDERA BOULEVARD SPECIAL IMPROVEMENT MAINTENANCE DISTRICT TAXES BE INCREASED BY THE IMPOSITION OF A MILL LEVY OF FIVE (5) MILLS UPON THE REAL PROPERTY LOCATED IN THE BANDERA BOULEVARD SPECIAL IMPROVEMENT MAINTENANCE DISTRICT WITHIN THE CITY OF PUEBLO, 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. 7048 CREATING THE BANDERA BOULEVARD 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 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. It is the intent of this Section that the City shall not be obligated to expend funds for maintenance in excess of the revenue received from the mill levy. 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 2004. 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 improvement, or, the person or entity who is designated in any subdivision improvements agreement to maintain the improvements, if difference from the person or entity, who installed the improvements. Notwithstanding the provisions of this Section 7 and Section 4 above, City will maintain the landscaping to be installed along Bandera Boulevard in the El Camino Subdivision, 15th and 16th Filing after installation by the subdivider and approval thereof by the City. 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. 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 Bandera Boulevard 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 five members, all of whom are natural persons at least 18 years of age and of the five members, three will be representative of the City of Pueblo. The members shall be appointed by the City Manager prior to December 31, 2004 and shall serve at the pleasure of the City Manager. The following natural persons shall be eligible for membership on the Advisory Committee: 1. Three representatives of the Departments of the City; 2. Individual natural persons who own an interest in real property within the District; 3. A director, officer or employee of a corporation that owns an interest in real property within the District; 4. A partner of a partnership, whether general, limited, or any other form of partnership, that owns an interest in real property within the District; 5. A member or manager of a limited liability company that owns an interest in real property within the District; 6. 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 7. 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. B. 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. C. 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 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 or- 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. 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 that 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. SECTION 15. Exclusion of Improvements from the District. Upon recommendation of the Advisory Committee, the City Council may exclude improvements with 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, corporation, 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, 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. INTRODUCED September 8, 2003 BY Al Gurule Councilperson APPROVED: _ President of City Council ATTEST: City rk PASSED AND APPROVED September 22. 2003 EXHIBIT A Hudspeth Family Partnership Annexation more particularly described as follows: All of the E % of the NE % and the N % of the NE %4 of the SE Y4 of Section 8, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado. Containing 100 acres, more or less. and the adjacent parcel of Regency Park West Annexation shown by the following description: The NW % less the E' /� E% NW% of Section 9, Township 21 South, Range 65 West of the 6 P.M., County of Pueblo, State of Colorado. Less portion sold to John Venezia Realty Consultant Inc. by Reception NO. 539215. Less Portion annexed to the City by Reception No. 1215491. Containing 89.72 acres, more or less. and Ventana Annexation more particularly described as follows: Area No. 1: All that portion of the E %2 of the NE ' /4 of Section 17, Township 21 South, Range 65 West of the 6 P.M., lying North of the Northerly right -of -way line of Colorado State Highway No. 78, as presently located, in the County of Pueblo, State of Colorado. Containing 69.28 acres, more or less. Area No. 2: All of the W %2 of the NE 1/4 of Section 17, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo, State of Colorado. Containing 81.47 acres, more or less. and Pueblo del Sol Subdivision more particularly described as follows: All of that tract of land conveyed by deed, recorded in Book 2718 at Page 405 of the Pueblo County records and being more particularly described as follows: A tract of land in the W 1/2 of Section 16 and the SE 1/4 of Section 17, all in Township 21 South, Range 65 West of the 6th P. M., more particularly described as follows: IIIIII VIII IIIIII IIIIII IIII VIII IIIIII III IIIIII III IIII 153660 e0A ChrisC.Munoz Pueb1oCtyC1k&ReC ORD R 76.00 D 0.00 Beginning at the W 1/4 corner of said Section 16; thence N 89 ° -33' E along the E -W centerline of Section 16, 880 feet to the True Point of Beginning; thence N.0 E. 1360 feet more or less to the southerly right -of -way line of Colorado State Highway No.78 as presently located; thence S 52 W (deed) along the southerly right -of -way line of Colorado State Highway No. 78, to the north corner of Watson Addition No. 1, according to the recorded plat thereof, filed for record October 12, 1983; thence southerly along the boundary of said Watson Addition No. 1, the following three courses; 1) along the arc of a curve to the right whose center bears S 52 58' -21" W and whose radius is 450 feet, a distance of 294.09 feet; 2) S 0 a distance of 175.40 feet; 3) S 52 °- 58' -21" W, a distance of 126.5 feet, more or less to a point 520 feet east of the west line of said Section 16; thence S 0 W, and parallel to the west line of the said Section 16, a distance of 1447 feet; thence N.89 W a distance of 210 feet; thence S 45 ° -25" W a distance of 540 feet; thence S 22 0 55" W a distance of 440 feet; thence S 44 °- 14' -30" E, a distance of 259.50 feet to a point; thence S 45 45' -30" W, a distance of 670.24 feet; thence S 0 ° -25' W a distance of 290.65 feet, more or less to a point which is 40 feet normally distant north of the south line of the said Section 17; thence easterly, parallel to and 40 feet north of the said south line of Section 17, to its intersection with the boundary of El Camino Subdivision Fourth Filing, according to the recorded plat thereof, thence N 45 °- 45' -30" E and along the boundary of El Camino Subdivision Fourth Filing, a distance of 1259.18 feet (Plat), thence N 0 E, and along the boundary of El Camino Subdivision Second Filing, according to the recorded plat thereof, and that line extended, a distance of 1745 feet, more or less, to the True Point of Beginning. and El Camino Annexation and portions of El Camino 4 th and 15 Filings more particularly described as follows: A Parcel of land being all of the NW % of the NW % of Section 21, and a portion of the SW % of the SW % of Section 16, Township 21S, Range 65W of the Sixth Principal Meridian, County of Pueblo, State of Colorado. Being further described as follows; Beginning at the NW corner of said Section 21; thence southerly along the west line of Section 21 to a point said point being the SW corner of said NW %< of the NW % of Section 21; thence easterly along the south line of the NW % of the NW % to a point, said point being the SE corner of said NW % of the NW % of Section 21 and also the SW corner of the El Camino Subdivision 14 Filing; thence northerly along the east line of the said NW Y4 of the NW % to a point, said point being the NE comer of the NW % of the NW % and also being the NE corner of the El Camino Subdivision 15 Filing; thence westerly along the north line of the said El Camino Subdivision 15 filing the following three (3) courses: 1. thence westerly along the north line of said Section 21, said line also being the north line of the said El Camino subdivision 15 Filing to a point on the east Right of Way line of Bandera Boulevard; IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 53646 P 0 50A Chr i I . Mun I z PUeb 100 ORD R 76.00 D 0.00 ChrisC.Munoz PuehloCtvClk &Rec 2. thence northerly along the east Right of Way line of said Bandera Boulevard to a point of intersection with the north Right of Way line of Bridle Trail; 3. thence westerly along said north row line of Bridle Trail to a point, said point being the NW corner of the said El Camino Subdivision 15 Filing; thence southerly along the west line of said Section 16, said line also being the west line of the said El Camino Subdivision 15 filing, to the point of beginning. See attached Exhibit B 1536461 IIIII111111111111111111111111 R 76.0@ 1912/20 0010550A ChrisC.Munoz PuebloCtyClW ec ORD