Loading...
HomeMy WebLinkAbout1991-23 Declaring the Intention of the Town Council to Create a Local Improvement District Referred to as Utility Underground District No. 1RESOLUTION NO. 23 SERIES 1991 A RESOLUTION DECLARING THE INTENTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT COMMONLY REFERRED TO AS "UTILITY UNDERGROUND DISTRICT NO. 1", WITHIN THE BOUNDARIES OF THE TOWN OF VAIL FOR THE PURPOSE OF CONVERTING EXISTING OVERHEAD ELECTRIC FACILITIES TO UNDERGROUND LOCATIONS; ADOPTING THE DETAILS AND SPECIFICATIONS THEREFORE; AND ORDERING PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR THE IMPROVEMENTS IN SAID DISTRICT. WHEREAS, the Town Council of the Town of Vail, Colorado, has determined to create a local improvement district pursuant to the provisions of the Colorado Underground Conversion of Utilities Act (29-8-101 Colorado Revised Statutes, et seq.), 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 Council has heretofore adopted a resolution directing Holy Cross Electric, Inc. (Holy 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, the Town of Vail, pursuant to said resolution, have caused Schmueser Gordan Meyer, Inc. to prepare a report setting forth the costs and feasibility of the proposed project, which report has been filed with the Town Clerk; and WHEREAS, the Town Council has examined and considered the report by the public utility company; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1 That the report setting forth an estimate of the costs and feasibility for the conversion of existing overhead electric and communication facilities to underground service, prepared and filed with the Town Clerk, be and the same is hereby approved and adopted for use in the construction of the improvements to be made in said Improvement District. Section 2 That the removal of all and any part of the existing electric facilities, including but not limited to overhead electric facilities and the replacement thereof with underground electric facilities, will promote the public convenience, necessity and welfare. 1 Section 3 That the property to be assessed for said improvements shall be the property included within the District boundaries, as depicted by that area designated in Exhibit "A", annexed hereto and incorporated herein, and specially benefitted by said improvements; the area and boundaries of the proposed Improvement District is follows: The District Boundaries include all of Bighorn Subdivision, Fifth Addition and Gore Creek Meadows Filing No. 1 exclusive of the following in Bighorn Subdivision, Fifth Addition; Lots 2, 3, 4 and 6, Block 1; Lots 2 through 9, Block 2; Lots 1 through 14, Block 3; Lot 1A, Block 1A; Lots 1, 2, 3, 6, and 8, Block 4; Lots 1, 4, 6, 8 and 11, Block 5; Lots 3, 4, 7, 8, 12, 18, 19 and 20, Block 7. Section 4 That the costs and expenses of the District created and depicted in Exhibit "B" are, except as otherwise provided for, to be levied and assessed upon the abutting, adjoining, and adjacent lots and lands along or upon which improvements are to be made, and upon other lots and lands benefitted by such improvements as depicted in Exhibit "B", as annexed hereto and incorporated herein. Section 5 The improvements shall consist of removing overhead electric facilities, including but not limited to electric poles, lines and other equipment, and replacing the same with underground electric facilities, except certain terminal and utility boxes or pedestals, which will be above ground, and including all necessary changes to the service entrance equipment of each structure and residence. The lines will 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 on 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, within the District. Section 6 That the present total estimated cost of the proposed removal of all existing overhead electric facilities within the District, and the replacement of the same with underground electric, 2 facilities is the amount of $170,893. Section 7 A public hearing on the proposed improvements and the question of benefit to be derived by the real property in the District shall be held by the Town Council at 7:30 p.m. on January 7, 1991, in the Town Council Chambers, Vail Municipal Building, 75 S. Frontage Rd., Vail, Colorado. Section 8 The Town Clerk shall cause notice of the proposed improvements and the hearing thereon to be published in full one time in the Vail Trail, a newspaper of general circulation in the Town, specifically, on December 6, 1991. In addition, the Town Clerk shall cause a copy of the notice to be mailed to the last known address of each owner of land within the proposed district whose property will be assessed for the cost of the improvement utilizing the address last appearing on the real property records of the Eagle County Treasurer; and also, a copy of such notice to be addressed to `owner" and shall be so mailed, addressed to the street number of each piece of improved property to be affected by the assessment. Both written notices shall be mailed to the owners of affected property within the District no later than December 24, 1991. The Notice to be published and mailed as herein depicted shall be in substantially the following form: NOTICE OF INTENTION TO CREATE A LOCAL IMPROVEMENT DISTRICT, COMMONLY KNOWN AS THE "UTILITY UNDERGROUND DISTRICT" IN THE TOWN OF VAIL, COLORADO, FOR THE PURPOSE OF REMOVING EXISTING OVERHEAD ELECTRIC FACILITIES, AND TO REPLACE THE SAME WITH UNDERGROUND ELECTRIC FACILITIES, AND NOTICE OF A HEARING 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 the cost and feasibility of the removal of existing overhead electric facilities and replacing the same with underground electric facilities within a proposed underground local improvement district within the present boundaries of the Town of Vail, to be know 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 Filing No. 1 exclusive of the following in Bighorn Subdivision, Fifth Addition; Lots 2, 3, 4 and 6, Block 1; Lots 2 through 9, Block 2; Lots 1 through 14, Block 3; Lot 1A, Block 1A; Lots 3 1, 2, 3, 6, and 8, Block 4; Lots 1, 4, 6, 8 and 11, Block 5; Lots 3, 4, 7, 8, 12, 18, 19 and 20, 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 shall be above ground, and including all necessary changes to the service entrance equipment of each structure and residence, all as more particularly set forth in the cost and feasibility report. The lines will 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. 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 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 and clerical services, advertising, inspection, collection of assessments, interest on bonds, and legal services for preparing proceedings and advising in regard thereto, is the amount of $170,893. 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 the Improvement District shall receive the benefit prorated in such form and at such time as the Council may determine. f) A public hearing on the proposed improvements and the question of benefit to be derived by the real property in the District shall be held by the Town Council at 7:30 p.m. on January 7, 1992, in the Town Council Chambers, Vail Municipal Building, 75 S. Frontage Rd., Vail, Colorado. g) Any interested person desiring to be heard upon the issue of the creation of the District and the question of whether the owner's property will be benefitted by the proposed improvements may appear at the time and place set for the public hearing. Every person who owns real property within the boundaries of the District, and who fails to appear before the Town Council at the hearing and make any objection he or she may have to the creation of the District, the making of the improvements and the inclusion of his or her real property in the District, shall be deemed to have waived such objection. Such waiver shall not, however, preclude his or her 4 right to object to the amount of the assessment at the assessment hearing, at a later date. h) The public utility performing the conversion shall, at the expense of the property owner, convert to underground all electric and communication facilities located upon any lot or parcel of land within the Improvement District and not within the easement for distribution. This shall include the digging and the backfilling of a trench upon such lot or parcel, unless the owner executes a written objection thereto and files the same with the Town Clerk not later than the date of the public hearing on the proposed improvement and the question of benefits to be derived by the real property in the District. Failure to file such written objection shall be taken as a consent and grant of easement to the public utility and shall be construed as express authority to the public utility and their respective officers, agents and employees to enter upon such lot or parcel for such purpose, and through failure to object, any right of protest or objection with respect to the doing of such work shall be waived. if an owner does file such written objection, he or she shall then be responsible for providing a trench which is in accordance with applicable rules, regulations, or tariffs from the owner's service entrance to a point designated by the public utility and for backfilling a trench following the installation of the underground service by the public utility. In any event, the cost of any work done by the public utility shall be included in the assessment to be levied upon such lot or parcel. Should a written objection be filed, the owner involved shall be obligated for, and the public utility entitled to, a payment for the actual cost for such work accomplished upon the owner's property by the public utility; such amount shall be Tess than the cost if the public utility had performed the trenching and backfilling. Further, the owner shall, at his or her own expense, make all necessary changes in the service entrance equipment 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 objection pursuant to 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. All owners of land within the District may file written request for inclusion of the cost of conversion of utility facilities upon their property. 5 1) A copy of the cost and feasibility report, Resolution No. 22, Series of 1990 enacting the district, and all resolutions 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. Section 9 Nothing in this resolution shall be construed to affect any right, duty or liability under any resolutions in effect prior to the effective date of this resolution, and the same shall be continued and concluded under such prior resolutions. INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of December 1991. ATTEST: Pamela A. Brandmeyer, Town Clerk C:IRESOLU23 c Margaret A. Osterfoss, Mayor 6 o EXHIBIT "B" CONSTRUCTION OVERHEAD & COST CONTINGENCY TOTAL 146,257 $ 24,636 $170,893 PUBLIC NOTICE NOTICE OF INTENTION TO CREATE A LOCAL IMPROVEMENT DISTRICT, COMMONLY KNOWN AS THE "UTILITY UNDERGROUND DISTRICT' IN THE TOWN OF VAIL, COLORADO, FOR THE PURPOSE OF REMOVING EXISTING OVERHEAD ELECTRIC FACILITIES, AND TO REPLACE THE SAME WITH UNDERGROUND ELECTRIC FACILITIES, AND NOTICE OF A HEARING 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 the cost and feasibility of the removal of existing overhead electric facilities and replacing the same with underground electric facilities within a proposed underground local improvement district within the present boundaries of the Town of Vail, to be know 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 Filing No. 1 exclusive of the following in Bighorn Subdivision, Fifth Addition; Lots 2, 3, 4 and 6, Block 1; Lots 2 through 9, Block 2; Lots 1 through 14, Block 3; Lot 1A, Block 1A; Lots 1, 2, 3, 6, and 8, Block 4; Lots 1, 4, 6, 8 and 11, Block 5; Lots 3, 4, 7, 8, 12, 18, 19 and 20, 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 shall be above ground, and including all necessary changes to the service entrance equipment of each structure and residence, all as more particularly set forth in the cost and feasibility report. The lines will 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. 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 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 and clerical services, advertising, inspection, collection of assessments, interest on bonds, and legal services for preparing proceedings and advising in regard thereto, is the amount of $170,893. 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 the Improvement District shall receive the benefit prorated in such form and at such time as the Council may determine. f) A public hearing on the proposed improvements and the question of benefit to be derived by the real property in the District shall be held by the Town Council at 7:30 p.m. on January 7, 1992, in the Town Council Chambers, Vail Municipal Building, 75 S. Frontage Rd., Vail, Colorado. g) Any interested person desiring to be heard upon the issue of the creation of the District and the question of whether the owner's property will be benefitted by the proposed improvements may appear at the time and place set for the public hearing. Every person who owns real property within the boundaries of the District, and who fails to appear before the Town Council at the hearing and make any objection he or she may have to the creation of the District, the making of the improvements and the inclusion of his or her real property in the District, shall be deemed to have waived such objection. Such waiver shall not, however, preclude his or her right to object to the amount of the assessment at the assessment hearing, at a later date. h) The public utility performing the conversion shall, at the expense of the property owner, convert to underground all electric and communication facilities located upon any lot or parcel of land within the Improvement District and not within the easement for distribution. This shall include the digging and the backfilling of a trench upon such lot or parcel, unless the owner executes a written objection thereto and files the same with the Town Clerk not later than the date of the public hearing on the proposed improvement and the question of benefits to be derived by the real property in the District. Failure to file such written objection shall be taken as a consent and grant of easement to the public utility and shall be construed as express authority to the public utility and their respective officers, agents and employees to enter upon such lot or parcel for such purpose, and through failure to object, any right of protest or objection with respect to the doing of such work shall be waived. If an owner does file such written objection, he or she shall then be responsible for providing a trench which is in accordance with applicable rules, regulations, or tariffs from the owner's service entrance to a point designated by the public utility and for backfilling a trench following the installation of the underground service by the public utility. In any event, the cost of any work done by the public utility shall be included in the assessment to be levied upon such lot or parcel. Should a written objection be filed, the owner involved shall be obligated for, and the public utility entitled to, a payment for the actual cost for such work accomplished upon the owner's property by the public utility; such amount shall be less than the cost if the public utility had performed the trenching and backfilling. Further, the owner shall, at his or her own expense, make all necessary changes in the service entrance equipment 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 objection pursuant to Section 29-8-133, Colorado Revised Statutes; or 3) otherwise fails to provide for underground service connection to i his property in a manner satisfactory to the public utility. All 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. 22, Series of 1990 enacting the district, and all resolutions 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:\RES23PUB.NOT 1 1 i EXHIBIT "B" i CONSTRUCTION OVERBEAD & COST CONTINGENCY TOTAL 146,257 $ 24,636 $L70,893