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:
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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;
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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
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ChrisC.Munoz PuebloCtyClW ec ORD