HomeMy WebLinkAbout1992- 1 Declaring the Intention of the Town Council of the Town of Vail to Create a Local Improvement District within the Boundaries of the Town of Vail for the Purpose of Converting Existing Overhead Electric Facilities to Underground Locations.±
ORDI~NCE NO. ~ L~~ ~
SERIES X992 ~ 3.~" q~„
AN ORDINANCE DECLARING THE INTENTION OF THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO, TO CREATE A LOCAL IMPROVEMENT I?fSTRICT
WITHIN THE BOUNDARIES OF THE TOWN OF VAIL FOR THE PURPOSE OF CONVERTING
EXISTING OVERHEAD ELECTRIC FACILITIES TO UNDERGRQUND LQCATIONS; ADOPTION
OF DETAILS AND SPECIFICATIONS THEREFORE.
WHEREAS, the Town Council of the Tawn of Vail, Colorado, has determined to create
local improvement district pursuant to the previsions of the Colorado Underground Conversion
of Utilities Act, and to provide for the relocation of overhead electric facilities to underground
locations and to assess the cost against the property benefitted and included within the
Improvement District; and
WHEREAS, the Town Counci! has heretofore adopted a resolu#ion directing Holy Cross
Electric, inc. ~H41y Cross), who provides and serves the proposed district with electric facilities
and service, to make a study of the cost of conversion of the facilities to underground services;
and
WHEREAS, Noly Cross, pursuant to Said resolution, has caused Schmueser Gordon
Meyer, Inc, to prepared a report setting forth the costs and feasibility of the proposed project,
which has been filed with the Town Clerk; and
WHEREAS, the Tawn Council has examined and considered the report by Schmueser
Gordan Meyer, Inc.
N4W, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado:
Section 1
That the report by Schmueser Gordon Meyer, Inc., setting forth an estimate of the casts
and feasibility for the conversion of existing overhead electric facilities to underground services,
prepared and filed with the Town Cleric, be and the same is hereby approved and adopted by this
Council for use in the construction of the improvements to be made in said Local Improvement
District.
Section 2
That the removal of all and any part of the any existing overhead electric facilities, and the
replacement thereof with underground electric facilities will promote public convenience,
necessary, and welfare.
Section 3
That the casts and expenses of the District created are, except as otherwise provided for,
to be levied and assessed upon the abetting, adjoining, and adjacent lots and lands along or upon
which improvements are to be made, and upon fats and lands benefitted by such improvements
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as ows: CRS 29-8-109 provides that the Resolution declaring the Council's intent to create
a local improvement district shall state: "That the costs and expenses of the district created are,
except as otherwise provided for, to be levied and assessed upon the abutting, adjoining, and
adjacent lots and lands along or upon whose improvements are to be made, and upon lets and
lands benefitted by such improvements and included in the improvement district created...".
Section 4
That the property to be assessed for said improvements shall be the property included
within the District boundaries, and specialty benefitted by said improvements; the area and
boundaries of the proposed improvement district are mare particularly set forth in Exhibit "A"
=~;
attached hereto and incorporated he'reir. `~ .."'
Section b
The improvements shalt consist of removing overhead electric facilities, including taut oat
limited to, electric, communication poles, lines and other equipment, and replacing the same with
underground electric #acilities, except certain terminal and u#ility boxes or pedestals, which will
be above ground, and including a!I necessary changes to the service entrance equipment of each
structure and residence. The lines witi be installed in trenches and ditches which will be placed
across present easements and across those lots and tracts of land as the public utility companies
shall determine necessary and feasible for the location of such underground lines, and as shown
on the reports presently an file with the Town Clerk.
The Town Council has determined that special benefits will accrue to each lot and tract
of land within the District as a result of the relocation of utility lines and equipment, such benefits
consisting of the elimination of unsightly lines and poles, and for the greater safety of the
residents, particularly children, with the District.
Section 6
That the present fatal estimated cost of the proposed removal of al! existing overhead
electric facilities within the District, and the replacement of the same with underground electric
facilities is the amount of $17Q,893 {one hundred seventy thousand eight hundred ninety three
dollars}.
Section 7
If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason head to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsectiens, sentences, clauses or phrases be declared Invalid.
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Section 8
. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper far the health, safety, and welfare of the Town of Vail and the inhataitants
thereof.
Section 9
The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty Imposed, any violation that occurred prior to the effective dale hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed ar superseded unless expressly state~~
herein.
Section 10
All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are rgpeaied to the extend only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolutipn, or ordinance, or part thereof, theretofore
repealed.
lNTRODUGED, READ, APPROVED, AND ORDERED PUBLISHED ONCE !N FULL ON
FIRST READING this day of , 1991, and a public hearing shall be held
on this Ordinance on the day of , 1992, at 7.30 p.m. in the Council
Chambers of the Val! Municipal Building, Vail, Colorado.
ATTEST:
Margaret A. Osterfoss, Mayor
Pamela A. Brandmeyer, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 199.
Margaret A. Osterfoss, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
C:lORD92.1
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4 i ! ~
I PUBLIC NOTICE
NOTICE OF INTENTION TO CREATE
A LOCAL IMPROVEMENT DISTRICT,
COMMONLY KNOWN AS THE "UTILITY UNDERGROUND DISTRICT"
IN THE TOWN OF VAIL, COLOl~ADO,
FOR THE PURPDSE OF REMOVING EXISTING OVERHEAD
ELECTRIC FACILITIES, AND TO REPLACE THE SAME
WITH UNDERGROUND ELECTRIC FACILITIES,
AND NOTICE OF A FIEARING THEREON.
(a) All owners of real estate and property hereinafter described, and all persons
generally, are hereby notified that there was filed with the Clerk of the Town of Vail, Colorado,
a report prepared by Schmueser Gordan Meyer, Inc. on behalf of the Town of Vail, Inc. as to fhe
cost and feasibility of the removal of existing overhead electric facilities and replacing the same
with underground electric facili#ies within a proposed underground local improvement district within
tho present boundaries of the Town of Vaii, to be known as Local Underground District No. 1.
Said persons are further notified as follows:
(b) The boundary of the District shall be as depicted by Exhibit "A", and is as follows:
The District Boundaries include all of Bighorn Subdivision, Fifth Addition and Gore Creek
Meadows i"iling No. 1 exclusive of the fnliowing in Bighorn Subdivision, Fifth Addition; Lots 4
through 9, Block 2; Lots 2 through 13, Block 3; and Lot 2t), Block 7.
(c) The improvements shall consist of trenching, undergrounding electric facilities and
backfilling the same, except certain terminal and utility boxes of pedestals which shah be above
ground, and including ail necessary changes to the service entrance equipment of each structure
and residence, all as mare particularly set forth in the cost and feasibility report. The lines wilt
be installed in trenches and ditches which will be placed across present easements a+~d acrass
those lots and tracts of land as the public utility companies steal! determine necessary and
feasible for the location of such undergraund lines.
The Tawn Council has determined that special benefits will accrue to each lot and tract
of land within the District as a result of the removal and replacement of utility lines and
equipment, such benefits consisting of the elimination of unsightly lines and poles, and for the
greater safety of the residents, particularly children, within the District.
(d) The estimated total cost of the project as determined from the cost and feasibility
report by Schmueser Gordan Meyer, Inc. including the cost of the improvement, engineering anc9
ClerrCal SBNiceS, advertising, inspection, collection of assessments, interest on bonds, and legal
services for preparing proceedings and advising in regard thereto, is the amount of $17D,893.
(e) It is proposed that the cost of the project shall be paid and assessed as depicted
in Exhibit "B". In the event the actual conversion and incidental costs
are less than the estimated conversion and incidental costs, each owner within fhe Improvement
to accept the underground service,
Any lot or parcel is subject to disconnection of electric service if the owner or person in
possession of such lot or parcel:
{1) prevents entrance upon the lot or parcel for conversion purposes;
{2) fails to provide an acceptable trench and backfill after filing an otajection
pursuant #o Section 29-8-133, Colorado Revised Statutes; or
(3) otherwise fails to provide for underground service connection to his
property in a manner satisfactory to the public utility.
Ali owners of land within the District may file written request for inclusion of the cost of
conversion of utility facilities upon their property.
(i} A copy of the cost and feasibility report, Resolution No. 24, Series of 199D,
enacting the district, and all resolution and proceedings are on file and can be seen and
examined by any interested person at the Vail Municipal Building, 75 S. Frontage Rd., Vail,
Colorado, at any time during business hours on or prior to the date of hearing.
TOWN OF VAIL
Pamela A. Brandmeyer, Town Clerk
C:1QRD02,1
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7"4WN OF YA~I,
7S Saut1~ Frontage Road
Vail, ~olorada 81657
303-479-2158i1~~ X 3P3-479-2166
Department of Pteblie WarkslTransportatian
MEM~RANDIIM
`T0: Town Council 1l,,
FROM: Greg Hall d~~
DATF1: March 3, 199
RE: Results of East Vail Utility Undergrounding
Property Owner Po11
A total of 109 polls were sent out by certified mail. The
breakdown of these polls axe as follows:
48 palls Returned as not in favor of the project
or 60~ against the project.
30 pol..ls Returned as in favor of the project or
38$ in favor.
2 pops Returned as abs tained votes.
80 polls Returned for a 77~ return rate.
7 polls Returned u
these have
addresses,
received.
17 polls t~elivered
104 polls Total sent
adelivered - £our of
been sent to new
but no response has been
-- no poll returned.
certified mail
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