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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. (IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII (II IIIII IIII IIII P 59825908P 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. IIIIII VIII IIIIII IIIIII Iilli IIII IIIIII III VIII IIII IIII Page: 825908P ChrizC.Munoz Pueb1oCtyC1k &Rec ORD R 31.00 D 0.00 (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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P 59825908P 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. A , .. a C`t0. ( a...y r"'" ,A •� l' f d ATTESTED INTRODUCED: September 13, 2004 By: Michael Occhiato Ca NCILPERSON APPROVED: PRffS OF THE CITY COUNCIL CITY CLERK PASSED AND APPROVED: September 27, 2004 IIIIII VIII IIIIII IIIIII VIII IIII IIIIII III VIII IIII IIII Z59825908P ChrisC.Munoz Pueb1oCtyC1k&Rec ORD R 33.00 D 0.00 _ 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. a m N� N 00 co //�� O m (n I O N o in m H Y, m M 0 � U - O EICani s F,I,,. s�n Fili�gs V U � a N C � J - V M = L L V EXHIBIT B ADDITIONAL REAL PROPERTY BANDERA MAINTENANCE DISTRICT 1 ✓rte w N IIEf£NCV 4— 3 _ u ` y MR6 pa 10 IMMOkm ► 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.