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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 1 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. 2 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 3 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 ~ i • ^~ ti 0 j O 0 ~~ a~ of ~, ~~ ~~ qi ~I O 0 0 0 LJ • - .^` '•d 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. 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