HomeMy WebLinkAbout07210IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P 59825908P
ChrisC.Munoz PuebloCtvC1k6Ree ORD R 31.00 D 0.00
ORDINANCE NO. 721n
AN ORDINANCE APPROVING THE INCLUSION OF REAL
PROPERTY IN THE BANDERA BOULEVARD SPECIAL
IMPROVEMENT DISTRICT, IMPOSING A MILL LEVY UPON
THE REAL PROPERTY INCLUDED IN THE DISTRICT, AND
CALLING FOR AN ELECTION APPROVING THE SAME
WHEREAS, a petition (`Petition ") has been filed with the City Clerk to include real
property in the Bandera Boulevard Special Improvement Maintenance District ( "District ")
pursuant to Chapter 9 of Title XII of the Pueblo Municipal Code, and
WHEREAS, the real property sought to be included in the District is described in the
attached Exhibit A. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The City Council does hereby find and determine:
(a) The Petition to include real property in the Bandera Boulevard Special
Improvement Maintenance District ( "District ") meets and complies with the requirements
of Section 12 -9 -5 of the Pueblo Municipal Code and is signed by one hundred percent
(100 %) of the persons who own all of the real property sought to be included in the District.
(b) The notice, publication and hearing on said Petition as set forth in said
section 12 -9 -5 is waived and the City Council is authorized to act upon the Petition without
the necessity for notice, publication or public hearing.
(c) The Petition has the requisite number of signatures and that the allegations
of the Petition are true.
(d) The proposed five (5) mill levy is reasonable in relation to the benefit
conferred.
(e) The Petition is accepted.
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SECTION 2 . ChrisC.Munoz Pueb1oCtyC1k &Rec ORD R 31.00 D 0.00
The real property described in Exhibit A attached hereto and incorporated herein is
included in the Bandera Boulevard Special Improvement Maintenance District ( "District')
created by Ordinance No. 7048.
SECTION 3
The mill levy to be levied against the real property included in the District and
described in attached Exhibit A is fixed at five (5) mills.
SECTION 4
(a) The mill levy fixed and imposed by this Ordinance is subject to approval of
the requested eligible electors at an election.
(b) The election is hereby called for and shall be held on November 2, 2004.
(c) 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 is a person who at the time of the election is
registered to vote pursuant to the Pueblo Election Code, and
a. who has been a resident within the area to be included in the
District for not less than thirty (30) days; or
b. who or whose spouse owns taxable real property situated
within the area to be included in the District, whether said persons reside
within the area to be included.
(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.
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(d) The ballot question (submission clause and title) for the election is hereby
fixed and shall be as follows:
SHALL BANDERA BOULEVARD SPECIAL MAINTENANCE IMPROVE-
MENT DISTRICT, CITY OF PUEBLO, COLORADO ( "DISTRICT') TAXES
BE INCREASED $500.00 ANNUALLY COMMENCING IN 2005 AND BY
WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY
THEREAFTER BY THE IMPOSITION OF A MILL LEVY OF FIVE (5) MILLS
UPON THE REAL PROPERTY TO BE INCLUDED IN THE DISTRICT, TO
BE COLLECTED 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, INCLUDING
WITHOUT LIMITATION, SECTION 29 -1 -301 ET SEQ., C.R.S., AND SHALL
ORDINANCE NO. 7210 INCLUDING REAL PROPERTY IN THE
DISTRICT BE APPROVED?
SECTION 5
All ordinances or provisions thereof in conflict with this Ordinance or any of its
provisions are hereby repealed to the extent of such conflict for the sole and only purpose
of implementing the provisions of this Ordinance.
SECTION 6
If any portion of this Ordinance of 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 7
This Ordinance shall be approved upon final passage, but shall not become
effective nor the real property included in the District until this Ordinance and the mill levy
have been approved by majority vote in favor thereof by the registered electors of the area
to be included voting thereon at a ballot issue election held for that purpose pursuant to
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ChrisC.Munoz Pueb1oCtvC1k &Reo ORD R 31.00 D 0.00
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 inclusion of real property in the District shall be filed by the City Clerk in
compliance with Section 12 -9 -16(2) of the Pueblo Municipal Code.
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ATTESTED
INTRODUCED: September 13, 2004
By: Michael Occhiato
Ca NCILPERSON
APPROVED:
PRffS OF THE CITY COUNCIL
CITY CLERK
PASSED AND APPROVED: September 27, 2004
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EXHIBIT
The entire area of the Pastore Ranch Annexation shown on the following
description:
ANNEXATION A
ALL OF THE SW 1/4 OF THE NW 1/4 AND THE W 112 OF THE W 112 OF THE
W 1/2 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 21, TOWNSHIP 21
SOUTH, RANGE 65 WEST OF THE 6TH P.M.
Containing 46 acres, more or less.
ANNEXATION B
ALL OF 13LOCKS 4, 5, 6, 7, 8, 9, 10, 11, 12 AND 13, AND LOTS 5 6, 7 AND 8,
BLOCK 14, 15, 16, LOTS 1 2, 3 AND 4 BLOCK 17, 18 19 , 20, 21, 22, 23 AND
TOWNSHIP 21 SOUTH, RANGE, SECTION 21
65 WEST OF THE 8TH P.M.
Containing 64 acres, more or less.
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EXHIBIT B
ADDITIONAL REAL PROPERTY
BANDERA MAINTENANCE
DISTRICT
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM 0
DATE: September 13, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENTMIM MUNCH
TITLE
ffi��
AN ORDINANCE APPROVING THE INCLUSION OF REAL PROPERTY IN THE
BANDERA BOULEVARD SPECIAL IMPROVEMENT MAINTENANCE DISTRICT,
IMPOSING A MILL LEVY UPON THE REAL PROPERTY INCLUDED IN THE DISTRICT,
AND CALLING FOR AN ELECTION APPROVING THE SAME
1
Should the Pueblo City Council approve the inclusion of additional property in
the Bandera Boulevard Special Improvement Maintenance District?
RECOMMENDATION
Approve the Ordinance including additional property in the District.
BACKGROUND
The City of Pueblo and the Petitioners desire to include additional real property in the
Bandera Boulevard Special Improvement Maintenance District. The area that would be
added to the District is the property that comprises the recently approved 110 -acre
Pastore Ranch annexation. The maintenance district was created on September 22, 2003
by the City of Pueblo and the electors of the District approved the establishment of the
District and the imposition of a mill levy of five (5) mills at an election held on November 4,
2003. By approving this ordinance, City Council is including additional property into the
boundary of the District and setting an election of the electors of the real property to be
added to the District. At the election the electors will vote whether to approve a mill levy
of five (5) mills on the real property and to approve the addition of their property into the
District. The purpose of the district is to maintain public improvements including 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 mill levy shall
become effective and be imposed on the taxable real property included within the District
as early as may be permitted under applicable law.
FINANCIAL IMPACT
The property owners within the District will pay an additional 5 mills in property tax to fund
the maintenance of the public improvements authorized in the ordinance establishing the
maintenance district following the construction and acceptance by the improvements by
the City of Pueblo. The estimated yearly cost of maintaining the public improvements
during the year 2005 with respect to the property included within the District, is estimated
to not exceed $500.00. 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 the five mills and other sources of funding the
maintenance (i.e., contributions by the developers of Bandera Boulevard).
The City is required to budget and appropriate the anticipated revenues and expenditures
for the maintenance district on an annual basis and certify the mill levy to Pueblo County.
The funds generated by the District will be used to maintain improvements of a kind that
the City would not normally provide maintenance and thus provides a special benefit to
the property owners in the District.