TC Ord. No. 1981-24ORDINANCE NO. #81724
AN ORDINANCE CONCERNING MUNICIPAL SPECIAL OR LOCAL
IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO THEIR
ACQUISITION AND-TO THE CREATION OF DISTRICTS, SPECIAL
ASSESSMENTS, LOANS, AND SECURITIES APPERTAINING
THERETO: VALIDATING, RATIFYING, APPROVING, AND CON-
FIRMING ACTIONS PREVIOUSLY TAKEN: AND REPEALING
COUNCIL ACTION INCONSISTENT HEREWITH.
WHEREAS, the Town of Avon (the "Town"), in the County of
Eagle, and State of Colorado, is a municipal corporation duly
organized and existing under article XX of the Constitution of
-the State of Colorado; and
WHEREAS, the Town's charter (the "Charter") was duly
adopted at a special election held in the Town on June 13, 1978;
and
WHEREAS, pursuant to article XX of the Colorado Constitution
and to Chapter XV of the Charter, the Council of the Town of Avon
has determined, and does hereby determine, that it is necessary
and for the best interests of the Town and the inhabitants thereof
that an ordinance as directed by the Charter for local improvements
and for the purposes therein set forth be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Short Title. This ordinance shall be known as
the "Local Improvements Code."
Section 2. Legislative Declaration. It is hereby declared
as a matter of legislative determination:
A. That the notice herein provided for each hearing
or other action to be taken is reasonably calculated to
inform each interested person of any proceedings here-
under which may directly and adversely-affect his legally
protected interests and of his legally protected rights:
charter, or statutory provision; and
B. That the powers, rights, and privileges herein
granted and the duties, disabilities, liabilities, and
immunities herein provided comply in all respects with
any requirement or limitation imposed by any constitutional
C. That for the accomplishment of these purposes, the
provisions of this law shall be broadly construed.
Section 3. Meanings and Construction.
A. Definitions. Except where the context otherwise
requires, the definitions in this section govern the
interpretation hereof.
(1) "Acquire" or "acquisition" means the opening,
laying out, establishment, purchase, construction, securing,
installation, reconstruction, lease, gift, grant from the
federal government, any public body or person, endowment,
bequest, devise, condemnation, transfer, assignment, option
to purchase, other contract, or other acquirement (or any
combination thereof) of facilities, other property, any
project, or an interest therein, herein authorized.
(2) "Assessable property" means the tracts of
land specially benefited by any project the cost of
which is wholly or partly defrayed by the,Town by the
levy of assessments, except any tract owned by the
federal government, in the absence of its consent to
the assessment of any tract so owned, and except any
street or other public right-of-way of a municipality
or public body.
(3) "Assess" or "assessment" means the levy of a
special assessment, or the special assessment itself, against
any tract specially benefited by any project, which assessment
shall be made on a front-foot, zone,.unit lot, area, or other
equitable basis (or any combination thereof) as may be deter-
mined by the Council, but in no event shall any assessment
exceed the special benefits to the tract assessed as determined
by the Council.
(4) "Assessment unit" means a unit or quasi-
improvement district designated by the Council for the
purpose of petition, remonstrance, and assessment in
the case of a combination of projects, pursuant to
section 7 hereof.
(5) "Bond" means a special obligation payable
from special assessments and any other special fund
authorized by law, pursuant to section 18 and the following
sections.
(6) "Cost" or "cost of the project," or any phase
of similar import, means all or any part designated by
the Council of the cost of any facilities, project or
interest therein, being acquired and of all or any property,
rights, easements, privileges, agreements, and franchises
deemed by the Town to be necessary or useful and convenient
therefor or in connection therewith, which cost, at the
option of the Council, may include all or any part of the
incidental costs pertaining only to the project, including,
without limiting the generality of the foregoing, pre
liminary expenses advanced by the Town from funds available
for use therefor in the making of surveys, preliminary
plans, estimates of cost, assessment plats, other pre-
liminaries, the costs of appraising, printing, employing
engineers, architects, attorneys at law, financial consultants,
clerical help, other agents or employees,,the costs of capital-
izing interest or any discount, or both interest and discount,
on any bonds, of inspection, of any administrative and other
expenses of the Town appertaining to the project, and of
replacement expenses or for payment or security of principal
of or interest on any securities, the costs of making,
publishing, posting, mailing, and otherwise giving any
notice in connection with the project, the taking of
options, the issuance of securities, the filing or recorda-
tion of instruments, the levy and collection of special
assessments and installments thereof, the costs of reim-
bursements by the Town to any public body, the federal
government, or any person of any moneys theretofore
expended for or in connection with any facility or project,
and all other expenses necessary or desirable and
appertaining_,to any project, as estimated or otherwise
ascertained by the Council.
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(7) "Curb and gutter project" means any curbs
and gutters acquired or improved and appertaining to
sidewalks or streets, or both, and all appurtenances
and incidentals, including real and other property there-
for.
(8) "Disposal" or "dispose" means the sale,
destruction, razing, loan, lease, gift, grant, transfer,
assignment, mortgage, option to sell, other contract or
other disposition (or any combination thereof) of
facilities, other property, any project, or an interest
therein, herein authorized.
(9) "District" means the geographical area within
the Town designated and delineated by the Council as an
improvement district, in which each tract to be assessed
therefor is situated. A district may consist of non-
contiguous tracts. Districts in the Town shall be
designated by consecutive numbers or designated in some.
other manner to identify separately each district therein.
(10) "Drainage or flood control project" means any
natural and artificial watercourses for the collection,
channelling,,impounding, or disposition of storm, flood,
or surface drainage waters, including ditches, lakes,
reservoirs, revetments, canals, levees, dikes, walls,
embankments, bridges, sewers, culverts, syphons, sluices,
flumes, ponds, dams, retarding basins, and other water
diversion and storage facilities, pumping station,
gauging station, stream gauges, rain gauges, flood warning
service and appurtenant telephone, telegraph, radio and
television service, and all appurtenances and incidentals
necessary, useful, or desirable for any such facilities
(or any.combination thereof), including real and other
property therefor.
(11) "Engineer" means any engineer in the permanent
employ of the Town or any independent competent engineer
or architect or firm of such engineers or architects
employed by the Town in connection with any facility,
property, project, or power herein authorized..
(12) "Equip" or "equipment" means the furnishing of
all necessary or desirable, related, or appurtenant facili-
ties, or any combination thereof, appertaini.ng to any
facilities, property, project, or interest therein, herein
authorized.
(13) "Facility" means any of the facilities or other
property appertaining to any project herein authorized.
(14) "Federal government" means the United-States of
America or any agency, instrumentality, or corporation
hereof.
(15) "Hereby," "herein," "hereinabove," "hereinafter,"
"hereinbefore," "hereof," "hereto," and "hereunder," and
any similar terms refer to this law, (i.e. ordinance) and
not solely to the particular portion thereof in which such
word is used; "heretofore" means before the adoption of this
law; and "hereafter" means after the adoption.of this law.
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(16) "Improvement district" means a "district,"
as hereinabove defined.
(17) "Law" means this Local Improvements Code.
(18) "Lighting project" means any facilities for
the providing of artificial lighting, and all appurtenances
necessary or desirable therefor, including real and other
property therefor.
(19) "Mailed notice" or notice by "mail" means
the giving by the engineer, town clerk, town manager, county
treasurer, or any deputy thereof, as determined by the
Council, of any designated written or printed notice
addressed to the last-known owner or owners of each tract
assessed or to be assessed or other designated person at
his or their last-known address or addresses, by deposit,
at least ten (10) days prior to the designated hearing or
other time or event, in the United States mails, postage
prepaid, as first-class mail. The failure to mail any .
such notice shall not invalidate any proceedings hereunder.
The names and addresses of such property owners shall be
obtained from the records of the county assessor or from
such other source or sources as the engineer, city clerk,
city treasurer, county treasurer, or deputy so giving
notice deems reliable. Any list_of such names and addresses
appertaining to any improvement district may be revised
from time to time, but such a list need not be revised more
frequently than at twelve (12) months' intervals. Any
mailing of any notice herein required shall be verified by
the affidavit or certificate of the engineer, town• clerk,
town manager, county treasurer, or the deputy mailing the
notice, which verification shall be retained in the records
of the Town at least until all special assessments and
securities appertaining thereto have been paid in full or
any claim is barred by a statute of limitations.
(20) "Overpass project" means any bridge, viaduct,
or other structure or facilities for the transportation
of pedestrians, motor and other vehicles, and utility lines,
over any street, stream, railroad tracks, and any other way
or place, approaches, ramps, structures, cross-walks,
sidewalks, driveways, culverts, drains, sewers, manholes,
inlets, outlets, retaining walls, artificial lights, pumping
equipment, ventilating equipment, and all appurtenances
and incidentals necessary, useful, or desirable for any such
overpass (or any combination thereof), including real and
other property therefor.
(21) "Park or mall project" means real property,
facilities, and equipment for parks or malls, including
without limitation, graded, regraded, gravelled, paved or
otherwise surfaced, drained, cultivated, and otherwise
improved sites therefor, paths, sidewalks, lighting, grass,
trees, shrubbery, beautification, utility relocation, seats,
benches, tables, bus stop facilities, rest rooms, green-
houses, bandstand and orchestra facilities, auditoriums,
arenas, zoo facilities, golf course facilities, club house,
tennis courts, swimming pools, bath houses, horseshoe pits,
ballfields, boating facilities, swings, slides, other
playground equipment, and other recreational facilities, and
all appurtenances and incidentals necessary, useful, or
desirable for any such park or mall property, facilities,
and equipment.
(22) "Person" means any human being, association,
partnership, firm, or corporation, excluding the Town,
excluding any public body, and excluding the federal govern-
ment.
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(23) "Project" means any structure, facility,
undertaking, or system which the Town is herein authorized
to acquire, improve, equip, maintain, or operate. A
project may be located within or without the Town and
may consist of all kinds of personal and real property.
(24) "Publication" or "publish" in connection with
a notice herein authorized means publication in at least
one newspaper of general circulation in the Town. Except
as herein otherwise expressly provided or necessarily
implied, "publication" or "publish" also means publication
at least once, the first or only publication being at
least eight (8) days prior to the designated time or event.
Any such publication shall be verified by the affidavit of
the publisher and filed with the town clerk. Nothing
herein contained in connection with any provision concerning
the publication of an ordinance,either before or after its
final passage, shall be construed as requiring its
publication in full or in any other manner other than a
manner which is in substantial compliance with some method
for the passage and publication of an ordinance as provided
in the town charter.
(25) "Real property" means:
(a) Land, including land under water:
(b) Buildings, structures, fixtures, and
improvements on land;
(c) Any property appurtenant to or used in
connection with land; and
(d) Every estate, interest, privilege, ease-
ment, franchise, and right in land, legal or equitable,
including, without limiting the generality of the
foregoing, condominium units, rights-of-way, terms
for years, and-liens, charges, or encumbrances by way
of judgment, mortgage, or otherwise,-and the indebted-
ness secured by such liens.
(26) "Sanitary sewer project" means facilities
appertaining to a municipal sanitary sewerage system or
part thereof for the collection, interception, transporta-
tion, treatment, purification, and disposal of sewage,
liquid wastes, solid wastes, night soil, and industrial
wastes, including without limitation, asewerage treatment
plant, sewerage purification and treatment works, and
disposal facilities, drying beds, pumping plant and
station, ejector station, gauging station, inlets,
connections, laterals, other collection lines, outfalls,
outfall sewers, trunk sewers, intercepting sewers, force
mains, submains, water lines, sewer lines, conduits,
ditches, pipes, and transmission lines, engines, valves,
pumps, meters, apparatus, fixtures, structures, buildings,
and all appurtenances and incidentals necessary, useful,
or desirable for the collection, interception, trans-
portation, treatment, purification, and disposal of sewage,
liquid wastes, solid wastes, night soil, and industrial
wastes (or any combination thereof), including land and
other property therefor.
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(27) "Sidewalk project" means any sidewalk
primarily for use by pedestrians, including without
limitation, graded, regraded, gravelled, surfaced,
macadamized, and paved pedestrian rights-of-way,
lighting, and all appurtenances and incidentals (or
any combination thereof), including real and other
property therefor.
(28) "State" means the State of Colorado or any
agency, instrumentality, or corporation thereof; and
where the context so indicates, "State" means the geo-
graphical area comprising the State of Colorado.
(29) "Storm sewer project" means facilities
appertaining to a municipal storm sewer system for the
collection, interception, transportation,-and disposal of
rainfall and other storm waters, including without
limitation, gauging stations, inlets,. connections, laterals,
other collection lines, outfalls, outfall sewers, trunk
sewers, intercepting sewers, force mains, submains,-water
lines, sewer lines, canals, pipes, transmission lines,
natural and.artificial watercourses, wells, ditches-,
reservoirs, revetments, engines, valves, pumps, meters,
apparatus, fixtures, structures, building, and all appur-
tenances and incidentals necessary, useful, or desirable
for the collection, interception, transportation, and
disposal of rainfall and other storm waters (or any com-
bination thereof), including real and other property
therefor.
(30) "Street" means any street, avenue, boulevard,
alley, highway, or other public right-of-way used for
any vehicular traffic, but excluding a-sidewalk designed
primarily for use by pedestrians.
(31) "Street project" means any street, including
without limitation, grades, regrades, gravel, oiling,
surfacing, macadamizing, paving, cross-walks, sidewalks,
driveway approaches, wheelchair ramps, curb cuts, curbs,
gutters, culverts, catch basins, drains, sewers, manholes,
inlets, outlets, retaining walls, bridges, overpasses,'
tunnels, underpasses, approaches, sprinkling facilities,
artificial lighting, parkways, malls, grade separators,
traffic separators, and traffic control equipment,' street
signs, and all appurtenances and incidentals (or any .
combination thereof), including real and other property
therefor.
(32) "Taxes" means general (ad valorem) taxes.
(33) "Tract" means any tract, lot, or other parcel
of land for assessment purposes, whether platted or unplatted,
regardless of lot or land lines. Lots,_ plots, blocks, and
other subdivisions may be designated in accordance with any
recorded plat thereof.
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(34) "Underpass project" means any tunnel, tube,
or other structure or facilities for the transportation
of pedestrians, motor and other vehicles, and utility
lines, under any street, stream, railroad - tracks, and
any other way or place, approaches, ramps, structures,
cross-walks, sidewalks, driveways, culverts, drains,
sewers, manholes, inlets, outlets, retaining walls,
artificial lights, pumping equipment, ventilating equip-
ment, and all appurtenances and incidentals necessary,
useful, or desirable for any such underpass (or any
combination thereof), including real'and other property
therefor.
(35) "Warrant" means an interim warrant authorized
by section 17 hereof.
(36) "Water project" means facilities appertaining
to a municipal water system for the collection, transportation,
treatment, purification, and distribution of water, including
without limitation, springs, wells, other raw water sources,
basin cribs, dams, reservoirs, towers, other storage facilities,
pumping plants and station, filter plant, purification system,
water treatment facilities, power plant, waterworks plant,
gauging station, valves, standpipes, connections, hydrants,
conduits, flumes, sluices, canals, ditches, water transmission
and distribution mains, pipes, lines, laterals, and service
pipes, engines, boilers, pumps, meters, apparatus, tools,
equipment, fixtures, structures, buildings, and all appurten-
ances and incidentals necessary, useful, or desirable for
the acquisition, transportation; treatment, purification,
and distribution of potable water or untreated water for
domestic, commercial, and industrial use and irrigation (or
any combination thereof), including real and other property
therefor.
B. Construction. Except where the context otherwise
requires, this ordinance shall be construed as follows:
(1) For the purpose of computing any period of time
designated here_in,_includinq but_not limited to publications,
the day of the first publication, other act, or designated
time shall be excluded, and the day of the last publication,
other act, or designated time shall be included.
(2) Words used herein importing singular or plural
number may be construed so that one number includes both.
(3) Words importing masculine gender shall be
construed to apply to the feminine gender as well.
(4) Pronouns include both singular and plural and
cover all genders.
(5) Sections, subsections, paragraphs, and sub-
paragraphs mentioned by number, letter, or otherwise,
designate the respective sections, subsections, paragraphs,
-and.subparagraphs of this ordinance so numbered or otherwise
designated.
Section 3. General Powers of Town. The Council, upon behalf
of the Town and in its name, without any election, shall have power
from time to time to acquire, improve, equip, operate, and maintain,
within or without the Town, or both within and without the Town, any
project, including without limitation:
A. A curb and gutter project;
B. A drainage or flood control project;
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C. A lighting project;
D. An overpass project;
E. A park or mall project;
F. A sanitary sewer project;
G. A sidewalk project;
H. A storm sewer project;
I. A street project;
J. An underpass project;
K. A water project; and
L. Any part of a project herein described or any
combination of projects or parts of-projects.
Section 5. Collateral Powers. The Council, upon behalf of
the Town and in its name, 'for the purpose of defraying all,the cost
of acquiring or improving, or acquiring-and improving, any project
or projects herein authorized, or any portion of the cost thereof not
to be defrayed with moneys available therefor from the general fund,
any special fund, or otherwise, shall have power hereunder:
A. To levy assessments against assessable property within
the Town and to cause the assessments-so levied to be collected;
B. To pledge the proceeds of any assessments levied here-
under to the payment of special assessment bonds and to create-
liens on such proceeds to secure such payments;
C. To issue special assessment bonds as herein provided;
and
D. To make all contracts, to execute all instruments; and
to do all things necessary or convenient in the exercise of
the powers granted herein or in the performance of the Town's
duties or in order to secure the payment of its bonds; provided,
however, no encumbrance, mortgage or other pledge of property
(excluding any money) of the Town is created thereby; and
provided no property (excluding any money) of the Town is
liable to be forfeited or to be taken in,payment of the bonds
Section 6. Initiating Procedure.
A. Whenever the Council shall be of the opinion that the
interest of the Town requires any project, the Council, by
resolution, shall direct the engineer to prepare:
(1) Preliminary plans showing the character and
location of the project;
(2) A preliminary estimate of the cost of the project,
including incidental costs;
(3) An assessment plat showing the specially benefited
area to be assessed; and
(4) A preliminary assessment roll showing the amount
estimated to be assessed against each tract in the assessment
area.
B. The resolution shall describe the project in general
terms.
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C. The resolution shall state:
(1) what part or portion of the expense thereof
is of special benefit, and, therefore, shall be paid by
assessments;
(2) What part, if any, has been or is proposed to
be defrayed with moneys derived from other than the levy
of assessments; and
(3) The basis by which the cost will be apportioned
and assessments will be levied;
D. In case the assessment is not to be made-solely
against abutting property, the resolution shall describe .
the location of the project and by-apt description designate
the improvement district, including the tracts to be assessed;
E. In case the assessment is to be-upon the abutting
property, it shall be sufficient for the resolution so to
state and to define the location of the project to-be made;
F. It shall not be necessary-in any case to describe
minutely in the resolution each particular tract.to be
assessed but simply to designate the property, improvement
district, or thelocation so that the various parts to be
assessed can be ascertained and determined to be within or
without the proposed improvement district..
G. The engineer shall present to the Council and file
with the clerk:
(1) The preliminary plans;
(2) The preliminary estimate of costs;
(3) The assessment plat; and
(4) The preliminary assessment'roll.
H. Upon the filing of the preliminary plans, preliminary
estimate of cost, assessment plat-and preliminary assessment
roll, the Council shall examine the same;- and if the plans,
estimate, and plat are found to be satisfactory, the Council
shall make a provisional order by resolution to the effect
that such project shall be acquired or improved, or both
acquired and improved.
Section 7. Combination of Proiects.
A. More than one project may be combined in one improvement
district when the Council determines such projects may be
combined together in an efficient and an economical improve-
ment district.
B. If in-the combination.of projects, they shall be '
separate and distinct by reason of substantial difference
in their character or location, or otherwise, each 'such
project may be considered as a unit or quasi-improvement
district for the-purpose of assessment.
C. In case of such combination, the Council shall
designate the project and the area constituting each such
unit, and in the absence of an arbitrary and an unreasonable
abuse of discretion, its determination that there is or is
not such a combination and its determination of the project
and the area constituting each such unit shall be final and
conclusive.
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D. The costs of acquiring or improving,, or acquiring
and improving, each such pro-ject shall be segregated for
the levy of assessments, and an equitable share of the
incidental costs shall be allocated:to each such unit.
-Section 8. Effect of Estimates. Any estimate required or
authorized herein shall not-constitute a limitation. upon such cost
nor a limitation upon the rights and powers of the Council or any
officers, agents, or employees of the Town, except as herein
otherwise expressly stated.
Section 9. Provisional Order Hearing and Notice-Thereof..
A. In the provisional order made.as provided in subsection H
of section 6 hereof, the Council shall set a time at least ten (10)
days thereafter- and a place at which the owners of the tracts to be
assessed or any other persons interested therein may appear before
the Council and be heard as to the propriety and advisability of
acquiring or improving, or acquiring and improving, the project or
projects provisionally ordered and additionally as to:
(1) The estimated cost thereof and,
(2) The estimated amount thereof to be assessed
against each tract in the improvement district.
B. Notice shall be given:
(1) By publication, and
(2) By mail.
C. Proof of publication shall be by affidavit of the pub-
lisher.
D. Proof of mailing shall be by affidavit of the engineer,
clerk, or any deputy mailing the notice.
E. Proof of publication and proof.of mailing shall be
maintained in the records of the Town until all the assess-
ments appertaining thereto shall have been paid in full,
principal, interest, any penalties, and any collection costs.
F. The notice shall state:
(1) The kind of project or projects-proposed (without
mentioning minor details or incidentals;
(2) The estimated-cost of the projects and the part
or portion, if any, to be paid from sources other than
assessments;
(3) The basis for apportioning the assessments,
which*,assessments shall be in proportion to the special
benefits derived to each of the several tracts comprising-
the assessable property and on a front-foot, area, zone, unit
lot, or other equitable basis, or any combination thereof
(but irregular shaped tracts may be otherwise assessed
according to benefit);
(4) The number of installments and the time in which'
the assessments will be payable;
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(6) The extent of the improvement district to be
assessed (by boundaries or other brief description);
(7) The time and the place when and where the
Council will consider the ordering of the proposed projects
and will hear all complaints, protests, and objections that
may be made in writing and filed with the clerk of the Town
at least one day prior thereto or may be made verbally at
said hearing concerning the same by the owner of any tract
to be assessed or by any person interested;'and
(8) The fact that the description of the tracts to
be assessed, the amount estimated to'be assessed against
each such tract, and all proceedings in the premises are on
file and can be seen and examined at the office of the clerk
during business hours at any time by any person so interested.
G. If any project will result in any substantial change
in any existing street elevation or grade, it shall be sufficient
for the notice required in this section merely so to state
without stating a description of the extent or the location of
such change.
H.- No substantial change in the improvement district,
details, preliminary plans or specifications, or estimates
shall be made after the first publication or mailing of
notice to property owners, whichever occurs first, except
for the reduction in any estimate and except for any deletion
of a portion of a project and property from the proposed
program and improvement district or any assessment unit.
I. The engineer, however, shall have the right to make
minor-changes in time, plans, and materials entering into
the work at any time before its completion.
J. Nothing in this section shall be construed to
limit the amount finally assessed as herein provided.
Section 10. Provisional Order Hearing.
A. On the date and at the place fixed for-such hearing,
.any and all property owners interested-in such project may
by specific and written complaints, protests,-or objections
present their views in respect to the proposed projects to
the Council or may present them orally. The Council may
adjourn the hearing-from time to time.
B. After the hearing has been concluded, after all written
complaints, protests, and objections have been read and duly
considered- and after all persons desiring to be heard in
person have been heard, the Council shall consider the argu-
ments, if any, and any other relevant material put forth.
C. Thereafter if the Council shall determine that the
public welfare does not warrant that the proposed project-or
a part thereof be made, the Council shall make an order by
resolution to that effect; and thereupon the proceeding for
the project or for any part thereof determined against-by
such order shall stop and shall not be begun again until the
adoption of a new resolution.
D. The Council shall forthwith defray any expenses,
theretofore accruing and appertaining to any project or any
part thereof so ordered not to be made.
E. Any complaint, protest, or objection to the regularity,
validity, and correctness of the proceedings and instruments
taken, adopted, or made prior to the date of said hearing shall
be deemed waived unless presented in.writing on specific
grounds at the time and in the manner herein provided.
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Section 11. Post-Hearing Procedure.
A. After the hearing, after the Council- has disposed
of all complaints, protests, and objections, verbal and
in writing, the Council shall determine whether to proceed
with the improvement district and with each assessment unit
therein, if there be more than one.
B. If the Council desires to proceed;- it shall direct
the engineer by motion or by resolution to prepare and to
present to the Council:
(1) A revised and detailed-estimate of-the total
cost, including, without limiting the generality of the
foregoing, the cost of acquiring or improving, or acquiring
and improving, each proposed project and of each of the
incidental costs, which revised estimate shall not constitute
a limitation for any purpose, except as herein otherwise
provided;
(2) Full and detailed plans and specifications for
each proposed project; and
(3) A revised map and assessment plat showing,
respectively, the location of each project and the tracts
to be assessed therefor.
C. That resolution, a separate resolution, or the ordinance
creating the improvement district may combine or may divide
the proposed project or projects appertaining to the district
and any other facilities into suitable construction units for
the purpose of letting separate and independent contracts,
regardless of the extent of any project constituting an assess-
ment unit and regardless of whether a portion or none of the
cost of any project is to be defrayed other than by the levy
of special assessments.
D. Nothing, however, herein contained shall-be.construed
as not requiring the segregation of costs of unrelated projects
for assessment purposes, as herein provided.
Section 12. Creation of District.
A. When an accurate estimate of cost, full and detailed
plans and specifications, and map are prepared, are presented,
and are satisfactory to the Council, it,shall,by motion or -
resolution accept such filings and direct the engineer or appropri-
ate Town employees to enter into a contract pursuant to Section
14. It shall thereafter by ordinance create the district.
B. The ordinance shall prescribe:
(1) The extent of the improvement district by boun
daries or by other brief description and similarly of each
assessment unit therein, if there be more than one;
(2) The kind and location of each project proposed
(without mentioning minor details);
(3) The amount or the proportion of the total cost
to be defrayed by assessments, the method of levying assess-
ments, the number of installments, and the times in which
the costs assessed will be payable; and
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0
(4) The character and the extent of any construction
C. The engineer may further revise such cost, plans
and specifications, and map from time to time for all or
any part of-any project; and the proceedings required by
this section, may be appropriately amended prior to
entering into any construction contract therefor and prior
to any property being acquired or any work being done.
Section 13. Methods of Acquisition or Improvement..
A. Any construction work for any project shall be done
in either of the following ways:
(1) By independent contract; or
(2) By any public body or by the federal government
acquiring or improving a.project or any interest therein
which is herein authorized which results in general benefits
to.the Town and in special benefits to the-assessable property
being.assessed therefor by the Town within -its boundaries.
,B. Any project or any interest therein not involving
construction work appertaining to a capital improvement may
be acquired or improved pursuant to any appropriate contract,
or otherwise, including, wihtout limiting the generality of
the foregoing, the condemnation or other acquisition of real
property. In such case nothing herein in subsection A of -
this section 13 nor in sections 14 and 15 inclusive, shall be
applicable.
C. Notwithstanding the project herein authorized-or any
interest therein may be located on land, an easement or other
interest therein, or other real property owned by the federal
government or by a public body, the Town shall have the power;
(1) To acquire or improve, or both acquire and improve,
or to cooperate in the acquisition or improvement of,,or both
the acquisition and improvement of, the project or any interest
therein with the federal government or with any.public body
pursuant to agreement between or among the Town and such
other bodies corporate and politic so long as the project or
the interest therein acquired or improved, or both acquired
and improved, results in general benefits to'the Town'and
in special benefits to the assessable-,property being assessed
therefor by the Town within its boundaries;
(2) To levy special assessments on such assessable
property to defray all or any part of'the-costs of the
project or any interest therein or to defray-all or any part
of the Town's share of such costs if-all costs are not being
defrayed by the Town; and
- - (3) To issue bonds and to exercise other powers
herein granted and appertaining to such acquisition or
improvement, or both such acquisition and improvement.
Section 14. Construction Contracts.
A. No contract for doing construction work for acquiring
or improving the project contemplated shall be made or shall
be-awarded nor shall the Council incur any expense or any
liability in relation thereto, except for maps, plats, diagrams,
estimates, plans, specifications, and notices until after the
provisional order hearing and notice thereof provided for
herein have been given and had.
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•
B. Nothing contained in this section shall be construed
as preventing"the"Council from advertising by publication
for proposals, or, to the extent herein permitted, negotiating
contracts for doing the work whenever the Council-sees fit,
but the contract shall not be made or shall not be awarded
before the time stated in subsection A of this section 14.
C. Except as provided in subsection D of this section
14, in the case of construction work done by"independent
contract for any project or portion thereof in any improve-
ment district, the engineer or any purchasing officer of
the Town, as provided by the Council, shall request com-
petitive bids and publish notice stating that bids will be
received at a time and at a place designated therein, in
accordance with paragraph (24), subsection A , section 3,
hereof.
In such cases, the Town may contract only with
the responsible bidder submitting the lowest.and best bid
upon proper terms, but the Town shall have the right to
reject any and all bids and to waive any irregularity in
any "bid.
D. Contracts may be entered into by the Town, without
competitive bidding"or other compliance with subsection C
of this section 14 upon the request or with the assent of
the owners of not less than sixty percent (60%) of the
property to be assessed in the district or assessment unit.
E. Any contract may be let on a lump-sum or a unit basis.
F. No contract shall be entered into for such work unless
the contractor shall give an undertaking witha sufficient
surety or sureties approved by the Council and in an amount"
fixed by it for the faithful performance of the contract.
G. Upon default in the performance of any contract; the
engineer, or-any purchasing officer, as directed by motion
of the Council, may enter into a contract for the remainder
of the work without further Council action and may
deduct the cost from the original contract price and may
recover any excess"cost by suit on the original bond, or
otherwise.
H. If any contract or any agreement shall be made in
violation of the provisions of this section, it shall be-
voidable, and no action shall be maintained thereon by any
party thereto against the Town, but the invalidity of the
contract shall not preclude the valid levy of assessments"
pursuant to this ordinance.
"I. The Council, except as hereinabove expressly limited,
may in entering into contracts impose such conditions with
regard to bonds and to securities, and such guaranties-of
good-and faithful performance, completion of any work, and
the keeping of the same in repair, and may provide for any
further matter or thing in connection therewith as may be
considered by the Council to be advantageous to the Town
and to all interested persons.
Section 15. Cooperative Construction.
A. In the case of construction work done by agreement
'with the Town and with one or more public bodies or with the
federal government (or any combination thereof) for any
project or any portion thereof in any improvement district,
the'Town may enter into and may carry out any contract or
may establish or may comply with the rules and regulations
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concerning labor and materials and other related matters
in connection with any project or any portion thereof as
the Town may deem desirable or as may be requested by the
federal government or by any public body which is a party
to any such contract with the Town that may assist in the
financing of any-project or any part- thereof, regardless
of whether the Town is a party to any construction
contract or to any other contract appertaining to incurring
costs of the project.
B. Any project or projects any portion of the cost of
which may be defrayed by the Town by the levy of special
assessments hereunder may be acquired with the cooperation
and the assistance of, or under a contract or contracts let
by, or with labor, or supplies and materials, or all of such
furnished by any one or more such public bodies or by the
federal government (or any combination thereof).
C. Advantage may be taken of any offer from any source
to complete any project or projects on a division of expense
or responsibility.
D. The engineer, on behalf of-and in the name of the
Town, is authorized to acquire or improve, or acquire and
improve, any such project or projects in such a manner when
so authorized by the ordinance creating.the improvement
district or by any amendment thereto.
Section 16. Use of Existing Improvements. After the
provisional order hearing and at the time of the passage of the
ordinance creating any improvement district and any projects for the
improvement district, or any amendment thereof, if-any tract to be
assessed in the improvement district has the whole or any part of
the proposed projects, conforming to the general plan, the same may
be adopted in whole or in part or may be changed to conform to the
general plan, if deemed practical; and the owner of such real estate'
shall, when the assessment is made, be credited with the amount which
is saved by reason of adapting or of adopting such existing improve-
ments..
Section 17. Interim Warrants.
A. For the purpose of paying any contractor of or other-
wise defraying any costs of the project'as the same become
due from time to time until moneys are available therefor
from the levy and collection of assessments and from any
issuance of bonds, the Council may issue interim warrants.
B. Any interim warrants issued for any construction work
shall be issued only upon estimates of the engineer.
C. Any interim warrants shall bear such date or dates,
shall mature in such denomination or denominations at such
time or times or at any time upon call, shall bear interest
_at a rate or rates and shall be payable in such medium of
payment at such place of places within and without the State,
as the Council may determine.
D. Any interim warrants may be issued with privileges
for registration for payment as to only principal or as to
both principal and interest, may be negotiable or non-
negotiable, shall be special obligations payable from
designated special assessments, any bond proceeds, and any
other moneys designated to be available for the redemption of
such interim warrants, and generally shall be issued in such
manner, in such form, with such recitals, terms, covenants,
and,conditions, and with such other details as may be provided
by the Council by ordinance.
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Section 18. Issuance of Bonds.
A. The Council shall have power to cause to be issued
on behalf of the - Town negotiable, coupon bonds in an amount
not exceeding the estimated cost of the project or part
thereof to be defrayed by the levy and collection of assess-
ments.
B. Any bonds issued pursuant hereto shall be sold at
public or private sale in such manner as may be approved
by the Council to defray the cost of the project, including
all proper incidental expenses.
C. Bonds shall be sold for not less than the principal
amount thereof and accrued interest thereon, or, at the
option of the Council, below par at a_discount.
D. The Council may employ legal, financial, engineering,
architectural and other expert services'in connection with
any project herein authorized and with the authorization,
-issuance, and sale of bonds.
E. Any accrued interest and any premium shall be applied
to the payment of the interest on or the principal of the
bonds or of both interest and principal.
F. Any unexpended balance of such bond proceeds remaining
after the completion of the project for which such bonds were
issued-shall be paid immediately into'the fund created for
the payment of the principal of and the interest on the bonds
and shall be used therefor, subject to the-provisions as to
the times and the methods for their payment -as stated in the
bonds and in the proceedings authorizing their issuance.
G. The validity of said bonds shall not be dependent
on nor affected by the validity or the regularity of any
proceedings relating to the acquisition or improvement, or
acquisition and improvement, of any project for which the_
bonds are issued.
H. The purchaser or purchasers of the bonds shall in no
manner be responsible.for the application of the proceeds of
the bonds by the Town or by any of its officers, agents, and
employees.
I. The Council may enter into a contract to sell bonds.
at any time; but, any other provisions hereof notwithstanding,
if the Council so contracts before it awards a-construction
contract or otherwise contracts for acquiring or.improving,
or acquiring and improving, the project, the Council may
terminate the contract to sell the bonds if, before the awarding
of the construction contract or otherwise contracting for
the acquisition or improvement, of the project, it-determines
not to acquire or improve, or acquire and improve, the
project and if the Council has not elected to proceed under
subsections B or C of section 13 hereof but has elected to
proceed-by independent contract pursuant to paragraph (1),
subsection A, thereof, if at all.
Section 19. Use of Assessments; Payment of Bonds.
A. The assessments when levied shall be and shall remain
a lien on the respective tracts assessed until paid as pro-
vided herein.-
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B. When assessments are collected, principal, interest
and any penalty, they shall be placed in a special fund and
as such shall at all times constitute a sinking fund for and
be deemed specially appropriated to the payment of-the bonds
and the interest thereon and shall not be used for any other
purpose until the bonds and the interest thereon are fully
paid; or if no bonds be issued, all assessments upon their
payment shall be so appropriated and so used to defray the
costs of such project.
C. The bonds, both principal and interest, shall be pay-
able only out of moneys collected on account of the assessments
(including installments thereof, interest thereonV and any -
penalties) for the projects in any district, except as herein-
after provided.
Section 20. Incontestable Recital in Bonds.
A. Any ordinance authorizing any bonds hereunder may provide
that each bond therein authorized shall-recite that it is.
issued under authority hereof.
B. Such recital shall conclusively impart full compliance
with all of the provisions hereof, and all bonds issued con-
taining such recital shall be incontestable for any cause
whatsoever after their delivery for value.
. Section 21. Maximum Bond Interest Rate. Bonds shall not
bear interest at any time at a rate exceeding the interest rate (or
lower or lowest rate if more than one) borne by the unpaid principal
of the assessments payable in installments.
Section 22. Bond Limitations and Details:
A. All bonds issued hereunder shall- be issued upon
estimates of the engineer and upon order of the Council.
B. Any bonds shall bear such date or dates, shall mature
in such denomination or denominations-at such time or serially
at such times, but in no event after that date which-is two
(2) years after the last assessment installment payment date,
shall bear interest which may be evidenced by one or by two
sets of coupons, payable annually or semiannually, except that
the first coupon or coupons on any bond may represent interest,
or interest on any bond registered for payment as to interest
may accrue to the first interest payment-date, for any period
not in excess of three (3) years, as may be provided by
ordinance; and any bonds shall be payable in such medium of
payment at such place or places within or without the State,
including but not limited to the office of the county
treasurer, and at the option of the Council may be made
subject to prior redemption in advance of maturity, in such
order or by lot or otherwise, as may be provided by ordinance.
C. Bonds may be-issued with privileges for registration
for payment as to principal or as to both principal and in-
terest, and where interest accruing on the-bonds is not
represented by interest coupons, the bonds may provide for
the endorsing of payments of interest thereon.
D. The bonds generally shall be issued in such manner,
in.such form, with such provisions for conversion into bonds
of other denominations, with such provisions for-reissuance,
with such recitals, terms, covenants and conditions, and,
with such other details as may be provided by the Council in
the ordinance or ordinances authorizing the bonds, except as
herein otherwise provided.
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E. Pending preparation of the definitive bonds,
temporary bonds in such form and with such provisions
as the Council may determine may be issued.
F. Subject to the payment provisions herein expressly
provided, the bonds, any interest coupons thereto attached,
and any temporary bonds shall be fully negotiable within
the meaning of and for all the purposes of the Uniform
Commercial Code - Investment Securities.
.G. Notwithstanding any other provision of law, the
Council in any proceedings authorizing bonds hereunder:
(1) May provide for the initial issuance of one
or more bonds (in this subsection G called "bond")
aggregating the amount of the entire issue or any portion
thereof;
(2) May make such provision for installment payments
of the principal amount of any such bond as it may consider
desirable;
(3) May provide for the making of any such bond
payable to bearer or otherwise, registrable as to principal
or as to both principal and interest, acid where interest
accruing thereon is not represented by interest coupons,
for the endorsing-of payments of interest on such bond; and
(4) May make provision in any such proceedings for
the manner and the circumstances in and under which any such
bond may in the future at the request of the holder thereof
be converted into bonds of smaller denominations, which bonds
of smaller denominations may in turn-be either coupon bonds
or bonds registrable as to principal or as to both principal
and interest, or either, at the option of the holder.
H. Any bond shall be executed in the name of and on
behalf of the Town, shall bear the designation of the district,
and shall be signed as provided by the Council.
1. Except for such bonds which are registrable for payment
of interest, interest coupons payable to bearer shall be
attached to the bonds and shall bear the original or the
facsimile signature of any officer of the Town as provided
by the Council.
J. Any officer authorized to sign any bond by the Council
may execute or may cause to be executed with a facsimile
signature in lieu of his manual signature any bond herein
authorized; provided., however,that at least one signature
required or permitted to be placed on each bond shall be,
manually subscribed, and his facsimile signature has the
same legal effect as his manual signature. Nothing herein
contained, however, shall be construed as requiring coupons
to bear a manual signature.
K. The clerk may cause the seal of the Town to be printed,
engraved, stamped, or otherwise placed in facsimile on any
bond.
L. The bonds and the coupons bearing- the signatures of
the officers in office at the time of the signing thereof
shall be the valid and binding obligations of the Town, not-
withstanding that before the delivery thereof and payment
therefor, any or all of the persons whose signatures appear
thereon shall have ceased to fill their respective offices.
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M. Any officer herein authorized or permitted to sign
any bond, at the time of its execution and of the execution
of a signature certificate, may adopt as and for his own
facsimile signature the facsimile signature of his pre-
decessor in office in the event that such facsimile signature
appears upon the bond or upon the coupons pertaining thereto
or upon both the bond and such coupons.
Section 23. Special Obligations.
A. Bonds issued pursuant to this law shall not be a
debt of the Town within the meaning of the Charter provisions
concerning debt limitations and elections, nor shall the
bonds be payable out of any funds other.than the special
assessments (including installments thereof, interest thereon,
and any penalties) and other funds and moneys pledged to the
payment thereof, as herein authorized.
B. Each-bond issued under this law shall recite in sub-
stance that said bond and the interest thereon are payable
solely from the special assessments and other funds and
moneys pledged to the payment thereof.
C. The payment of bonds shall not be secured by an
encumbrance, mortgage, or other pledge of property of the
Town, except for such special assessments and other funds
and moneys pledged for the payment of bonds. No property
of the Town, subject to said exceptions, shall be liable to
be forfeited or to be taken in payment of the bonds.
Section 24. Additional Security. Whenever an improvement
district has paid and cancelled three-fourths (3/4) of its bonds
issued and for any reason the remaining assessments are not paid in
time to redeem the final bonds of the district, then the Town shall
gay said bonds when due and reimburse itself by collecting the unpaid
assessments due said district.
Section 25. Permissive Additional Security. In addition to
the additional security provided for in section-24 hereof, and not in
limitation thereof, the Town may further additionally secure the
payment of bonds of any district, both as to principal and interest,
as may be provided by the bond ordinance and permitted by the Charter,
as hereafter from time to time amended, including without limitation,
section 15.3 and 15.4(a) thereof.
Section 26. Redemption of Bonds. Whenever considered
advisable by-the town manager, he may, and whenever funds may be
in his hands to the credit of any district exceeding the amount of
interest on the unpaid principal becoming due on and prior to one-
year next after the last interest payment date, and, if maturing
serially, the principal becoming due on the next principal payment
date, he shall, subject to the provisions concerning the payment
of bonds of the district prior to maturity in the bonds and in any
ordinance appertaining to their issuance, by-publication as provided
in the -bond ordinance, at least once not less than fifteen (15) days
prior to the redemption date, call in a suitable number of bonds of
the district for payment, for the principal amount thereof, accrued
interest to-the redemption date, and any prior redemption premium
due thereon. After the redemption date so designated, interest on
the bonds so called shall cease. Nothing herein contained shall be
construed as preventing the Town from providing that such bonds shall
be redeemed only on interest payment dates.- The notice shall specify
the bonds so called by number, and all such bonds shall be paid in
the order designated in any such ordinance. The holder of any bonds
may at any time furnish his post office address to the town manager,
and in such case a copy of such advertisement shall be mailed by the
town manager to the holder of the bonds called at such address not
later than three (3) days after the date of such publication.
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Section 27. Remedies.
A. Subject to any contractual limitations binding upon
the holders of any issue or series of bonds'or trustee
therefor,-including.but not limited to the restriction of the
exercise of any remedy to a specified proportion, percentage,
or number of such holders, any holder of bonds or trustee .
therefor shall have the right and power for the equal benefit
and protection of all holders of bonds similarly situated:
(1) By mandamus or by other suit-, action, or pro-
ceeding at law or in equity to enforce his rights against
the Town and against its Council and any of its officers,
agents, and employees and to require and to-compel the Town
or its Council or any such officers, agents, or employees
to perform and to carry out its and their duties, obligations,
or other commitments under this ordinance, the bond ordinance
and the assessment ordinance, and under its and their covenants
and agreements with the bondholders;'
(2) By action or by suit in equity to, require the
Town and its Council to account as if they were the trustees
of an express trust;
(3) By action or by suit in equity to have appointed
a receiver, which receiver may take possession of any accounts
and may collect, receive, and apply all-revenues or other
moneys-.pledged for the payment of the bonds in the same manner
as the Town itself might do;
(4) By action or by suit in equity to enjoin any .
acts or'things which might be unlawful or might-be in violation
of the rights of the bondholders; and
(5) To bring suit upon the bonds.
B. No right or remedy conferred by this ordinance upon
any holder of bonds or any trustee therefor is intended to
be exclusive of any other right or remedy, but each such
right-or remedy is cumulative and is in addition to every
other right or remedy and may be exercised without-exhausting
and without regard to any other remedy conferred.by this
ordinance or by any other law. The-failure of any bond-
holder so to proceed as herein provided shall.not relieve
the Town, its Council, or any of its officers, agents, and
employees of any liability for failure to perform or to
carry out any duty, obligation, or other commitment.-
Section.28. Reissuance of Bonds.
A. In case any outstanding bond shall become mutilated
or be destroyed, stolen, or lost, the Town may deliver a
new bond (with any appropriate coupons attached) of like
tenor, number, and amount as the bond and the appurtenant
coupons, if any, so mutilated, destroyed, stolen, or lost,
in exchange and substitution for such mutilated bond and
upon surrender of such mutilated bond and appurtenant coupons,
if any, or in lieu of and substitution for the bond and the
appurtenant coupons, if any, destroyed, stolen, or lost:.
(1) Upon filing with the Town evidence satisfactory
to it that such bond'and appurtenant coupons, if.any, have
been destroyed, stolen, or lost and proof of ownership
thereof; and
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•
(2) Upon furnishing the Town with indemnity
satisfactory to it and upon complying with such other
reasonable regulations as the Town may prescribe and
upon paying such expenses as the Town-may incur in
connection therewith.
B. The Town may reissue any bond under any other
circumstances in exchange for any outstanding bond or
bonds appertaining to~the district to which each reissued
bond appertains, as provided in section 22 hereof, without
substantially modifying the Town's obligation evidenced
thereby, upon complying with such reasonable regulations
as the Town may prescribe and upon paying such expenses as
the Town may incur in connection therewith.
Section 29. Statement of Cost of Project. Upon the
completion of any project in any district, or-'in the case of
assessment units upon completion from time to time of a project
in any assessment unit or after the determination of the net
cost to the Town, and upon the acceptance thereof by the Council,
or whenever the total cost of such project can be definitely
ascertained, and upon the Council's determination to assess all or
a part of the cost thereof, the engineer shall prepare and shall
furnish to the Council a statement showing the total cost of the
projector of any such part or parts thereof.
Section 30. Order for Proposed Assessment Roll and Form Thereof.
A. Thereupon (or if assessments are to be levied on
estimates, at any time after (a) the award of the construction
contract or contracts, pursuant to sections 14 and 15
hereof, or (b) the determination of cost made by the engineer
if pursuant to section 13 hereof, the Town will not enter into
a contraction contract) the Council by resolution:
(1) Shall determine the cost of the project to be
paid by the assessable property in the improvement district;
(2) Shall order the engineer to make out an'assessiment
roll containing, among other things:
(a) The name of each last-known owner-of each
tract to be assessed or, if not known, that the name
is "unknown," and
(b) A description of each tract to be assessed
and the amount of the proposed-assessment thereon,
apportioned upon the basis for assessments stated in
the provisional order for the hearing on the project;
and
(3) Shall cause a copy of the resolution to be fur-
nished by the town clerk to the engineer.
B. In fixing the amount or the sum of
required to pay the costs of the project,
not necessarily be governed by the estima
such project provided for herein, but the
other sum within the limits prescribed as
to cover the cost of the project.
money that may be
the Council- need
tes of the costs of
Council may fix such
it may deem necessary
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C. If by mistake or otherwise any person is improperly
designated in the'assessment roll as the owner of any tract
or if the same is assessed without the name of the owner
or in the name of a person other than the owner, such
assessment shall not for that reason be vitiated, but it
shall in all respects be as valid upon and against such
tract as though assessed in the name of the owner thereof;
and when the assessment roll has been confirmed, such
assessment shall become a lien on such tract and shall be
collected as provided by law.
Section 31. Method of Computing and Limitations Upon Assessments.
A. If the assessment is made upon the basis of frontage,
the engineer shall assess each tract with such relative portion
of the whole amount to be levied as the length of front of
such premises bears to the whole frontage of all the tracts
to be assessed, and the frontage of all tracts to be assessed
shall be deemed to be the aggregate number of feet as determined
upon for assessment by the engineer.
B. If the assessment is directed to be according to an
area, zone, unit lot, or another equitable basis other than
a front-foot basis, the engineer shall assess upon each tract
such relative portion of the whole sum to be levied as is
proportionate to the estimated benefit according to such basis.
C. Regardless of the basis used, in cases of irregular
shaped tracts where the uniform basis is determined by Council
to be inequitable, an amount apportioned thereto shall be in
proportion to the special benefits thereby derived.
Section 32. Preparation of Proposed Roll.
A. Upon receiving the report mentioned-in section 30
hereof, the engineer shall make an assessment roll and state
a proposed assessment therein upon each tract so reported -
to him, and by such proposed assessments he shall defray
the whole amount or amounts of all charges so directed to
be levied upon each of such tracts respectively. When com-
pleted, he shall report the assessment roll to the Council.
B. When any assessment is reported by the engineer to
the Council as directed in this section, the same shall be
filed in the office of the town clerk and numbered.
Section 33. Notice of Assessment Hearing.
A. Upon receiving the assessment roll, the Council by
resolution:
(1) Shall fix a time and a place when and where
complaints, protests, and objections that may be made in writing
or-may be-made verbally concerning the same by the owner of
any tract or by any person interested may be heard; and
(2) Shall order the town clerk to give notice of said
hearing.
B. The town clerk shall give notice by publication and
by mail of the time and the place of such hearing, which
notice shall also state:
office;
(1) That the assessment roll is on file in this
(2) The date of filing the same;
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(3) The time and place when and where the Council
will hear all complaints, protests, and objections that
may be made in writing or may be made verbally to the
assessment roll and to the proposed assessments by the
parties thereby aggrieved; and
(4) That any complaint, protest, or.objection to
the regularity, validity, and correctness of the proceedings,
of said assessment toll, of each assessment contained_ therein,
and of the amount-thereof levied on each tract shall be deemed
waived unless filed in writing on specific grounds with the
town clerk at least one (1) day prior to the-assessment
hearing.
Section 34. Assessment Hearing.
- A. At the time and the place so designated, the Council
shall hear and shall determine any written complaint, protest,.
or objection filed as hereinabove provided, any verbal views
expressed in respect to the proposed assessments, to the assess-
ment roll, or to the assessment procedure;. and the Council may
adjourn the"hearing from time to time.
B. The Council by resolution shall have power in its
discretion to revise, correct, confirm, or set aside any
assessment and to order that such assessment be made de novo.
Section 35. Levy of Assessments.
A. After the assessment roll is in final form and is so
confirmed by resolution, the Town by ordinance shall by
reference to such assessment roll as so modified, if modified,
and as confirmed by such resolution levy the assessments in
said roll.
B. No assessment shall be levied for any project located
or to,be located on any land until the Council by-the adoption
of said ordinance or otherwise shall determine that the Town
has the right to possession of such land or an interest
therein for the purpose of acquiring or improving, or acquiring
and improving, the project.
C. Such decision, resolution, and ordinance shall be a
final determination of the regularity, validity, and correct-
ness of the proceedings, of the assessment plat, of said
assessment roll, of each assessment contained therein, and
of the amount thereof levied on each tract.
D. Such determination by the Council shall be conclusive
upon the owners of the property assessed.
E. The roll shall be prima facie evidence in all courts
and tribunals of the regularity of all proceedings preliminary
to the making thereof and the validity of the assessments and
the assessment roll.
Section 36. Thirty-Day Payment Period Deferred Payments.
A. All assessments made in pursuance of the assessment
ordinance shall be due and payable"without demand within
thirty ('30) days after its publication upon its final passage.
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0 0
B. Each such assessment or any part thereof may at the
election of the owner be paid in installments with interest
as hereinafter provided whenever the Council.so authorizes
the payment of assessments.
C. Failure to pay the whole assessment within said
period of thirty (30) days shall be conclusively considered
and held an election on the part of'all persons-interested,
whether under disability or otherwise, to pay in installments
the amount of the assessment then unpaid.
D. All persons so electing to pay in installments shall
be conclusively considered and held as consenting to the
project for which each such assessment was levied, and such
election shall be conclusively considered and held as a
waiver of any and all rights to question the power or juris-
diction of the Town to acquire or improve, or acquire.and
improve, the project, the quality of the work, the regularity
or sufficiency of the proceedings, or the validity or the
correctness of the assessment.
E. The owner of any tract assessed may at any time pay
the whole, or any unpaid installment of the unpaid principal
and the interest accrued to the next -interest payment.date,
together with any prepayment premium and any penalties
appertaining thereto.
F. Subject to the foregoing provisions, all installments,
both of principal and interest, shall be payable at such times
as may be determined in and by the assessment ordinance.
Section 37. Acceleration upon Delinquency.
A. Failure to pay any installment, whether principal or
interest, when due shall cause the whole amount of the unpaid
principal to become due and payable immediately at the option
of the Town, bondholder, or trustee therefor initiating fore-
closure proceedings, the exercise of said option to be indicated
by the commencement of foreclosure proceedings-for not only
each delinquent installment but also all other unpaid install-
ments of any assessment.
B. At any time prior
the amount of delinquent
all penalties, and costs
not necessarily limited
thereupon be restored to
installments in the same
made.
to the day.of sale, the owner may pay
installments, with-accrued interest,
of collection accrued, including but
to any attorneys' fees, and shall
the right thereafter to pay in
manner as if default had not been
Section 38. Limitations upon Deferred Payments.
A. In case of such election to pay in installments, the
assessment shall be payable in not more than twenty (20)
substantially equal annual installments or not more than
forty (40) substantially equal semi-annual installments
of-principal.
B. Interest in all cases on the unpaid principal accruing
from the date of the publication the assessment ordinance
upon its final passage until the respective installments due
dates shall be payable'annually or semi-annually at a rate
not less than the rate of interest on the bonds.
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C. Nothing herein contained shall be'construed as
limiting the discretion of the Council in determining whether
assessments shall be payable in installments and the time
the first installment of principal or of interest, or of
both, and any subsequent installments thereof shall become
due.
D. The Council in the assessment ordinance shall state
the number of installments in which assessments may be paid,
the period of payment, the rate of interest upon the unpaid
installments of principal to their respective due dates, any
privileges of making prepayments, the rate of interest upon
unpaid principal and accrued interest after any delinquency
at the rate of two per centum (2%) per month, or any fraction
thereof, and any penalties and collection costs payable after
delinquency.
Section 39. Assessment Liens.
A. The payment of the amount so assessed, including each
installment thereof, the interest thereon, and any penalties
and collection costs shall be secured by an assessment lien
upon the tract assessed from the effective date of the
assessment ordinance.
B. Each such lien upon each tract assessed:
(1) Shall be subordinate and junior to any lien..
thereon for any general (ad valorem) taxes, whether prior in
time or not;
(2) Shall-be prior and superior to any assessment
lien thereon subsequently levied by the town or by any public
body;
(3) Shall be subordinate and-junior to any-assessment
lien thereon theretofore levied by the Town or by any public
body; and
(4) Shall be prior and superior-to all other liens,
claims, mortgages, other encumbrances, and titles;-and all
purchasers, mortgagees, or encumbrancers-of any.such tract
shall hold the same subject to such lien so created, whether
prior in time or not.
C. Each such assessment lien shall continue as to unpaid
installments, principal, interest, and any penalties and
costs until such assessments, the principal thereof, interest
thereon, and any penalties and costs appertaining thereto shall
be fully paid, unless terminated by the foreclosure of any
prior and superior lien on the tract assessed; but unmatured
installments shall not be deemed to be within the terms of
any general covenant or warranty.
D. No statute of limitations shall begin to run against
any assessment nor the assessment lien to secure its payment
until after the last installment of principal thereof shall
become due.
E. The Town may use any available funds or moneys for.the
satisfaction of any lien prior in right to any special assess-
ment lien created by the Town.
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F. In the resale of any property to-which the Town has
so acquired title, the Town shall use its best efforts to
sell the property for an amount at least equal to the funds
or moneys so used plus the amount necessary to satisfy the
special assessment lien or liens created by the Town,
principal, interest, penalties, and-collection costs.
G. The moneys received from such a resale in payment
for the property shall be used firstly to satisfy such
special assessment lien or liens and thereafter to restore
to the fund or funds from which any-such prior lien or liens
were satisfied and the moneys used therefor.
H. The Town is authorized to acquire and to dispose of
property on which there are delinquent taxes or special
assessments, or both.
Section 40. Division of Tract. Should any tract be divided,
upon sale of a part thereof or by formal subdivision, or otherwise,
after a special assessment thereon has been-levied and-made payable
in installments and before the collection of all the installments,
the unpaid special assessment and lien therefor shall thereupon
become divided ratably according to area, without further action by
the Town or County; but this section 40 shall--not have, application
if at the time of such,tract division there are outstanding bonds
payable from special assessments levied or to be levied against
such tract and if such bonds shall have been issued pursuant to a
bond ordinance, authorizing theissuance of a series of bonds hereunder,
which provides that there shall be no division of special assessments
pledged thereto, or special assessment liens therefor, so long as
such-bonds are outstanding.
Section 41. Insufficient Funds for Im rovement. Should
any assessment prove insu fi.ci.ent to pay for the project or the
work for which it is levied and the expense incident thereto,
the amount of such deficiency shall be paid from the general fund
of the Town, or from such other account in which moneys are
accounted for which may be made available for such purpose by
the Council.
Section 42. Notice of Assessment or Installment Due.
A. The town manager shall give notice by mail and by
publication of the levy of any assessment, of the fact it
is payable, and of the last day for its payment, as provided
in subsection A of section 36 hereof.
B. The town manager shall give notice by mail and by
publication of any installment which is-payable and of the
last day for its payment, as provided in section 38 hereof
and in the assessment ordinance.
C. Each such notice given by the town manager:
(1) Shall state the amount of the assessment or of
the installment due, except in the case of any published
notice;
(2) Shall state how unpaid principal is payable in
installments; and
(3) Shall state the place of payment and the time for
it to close.
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i
D. The failure of the town manager so to give notice
or to do any other act or thing required by this section
shall not affect the assessment or any installment thereof.
- Section 43. Collection of Delinquent Assessments by-County
Treasurer. As soon as any assessment or any installment thereof
appertaining to any district shall.become in default, the town
manager shall mark the same delinquent on the assessment roll, to-
gether with the amount of unpaid principal-shown-on said assessment
roll and accrued interest thereon to the date of delinquency, and
the town manager shall within ten (10) days after such delinquency
certify said amounts as shown thereon to the Council. At its next
regular meeting after receiving such certificate of the town manager,
the Council shall certify said amounts, together with full information
as to the dates of delinquency, to the county treasurer for collection
in the same manner and with the same interest.and_ penalties thereon
as other taxes collected by the county treasurer on-behalf of the Town;
and all of the laws of the State for-the assessment and collection
of general taxes,.including the laws for the sale of property for
taxes and redemption therefrom, shall be applicable to-and shall have
the same effect with respect to the collection of such assessments.
Section 44. Optional Filing of Claim of Lien.
A. The Council may (but is not required) in any assessment
ordinance or in any ordinance amendatory thereof provide that
the town clerk within sixty-(60) days after the publication
of the assessment ordinance after. its final passage,shall make
out, sign,,attest with the seal of the Town, and file for record
in the office of the county clerk a claim of lien for the
unpaid amount due and assessed against each tract.
B. When a claim of lien is so filed and any assessment
appertaining thereto is paid in full, the town clerk shall
release the lien against any specific tract either-by entering
and signing a receipt of payment upon the margin of the record
thereof or by filing for record in the office of the-county
clerk a separate release wherein payment of-the assessment,
principal, interest, and any penalty is -recited.
Section 45. Duties Imposed When Special Assessments for any
Project Are Levied: Whenever the Council shall have provided for any
project hereunder or for any similar project heretofore authorized by
any other-law, shall have levied assessments-therefor, and shall have
issued bonds pursuant hereto or thereto for the financing of the same,
then and in such event there are hereby imposed upon the-Town the-
following additional duties:
A. The Town shall act as the agency for collection of such
assessments and in so doing shall act as trustee for the
benefit of such holders of interim warrants or bonds.
B. In case the Council shall have created more than one
district, the funds of each district shall be kept in a
separate fund to be used for-the payment of interest and
principal.
C. The Town shall prepare annually and shall make avail-
able for inspection in the town manager's office to each
holder of interim warrants or bonds a statement of the
financial condition of the district relating to such interim
warrants or bonds, which shall include a statement,of all-
delinquencies existing at such time.
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D. Where there is a delinquency continuing for a period
of one year in the payment of any installment of such assess-
ment made for the project, the Town shall thereafter forth-
with proceed with the institution of proceedings to foreclose
the assessment lien against the property or properties wherein
the delinquency-exists, as herein provided.
E. The holder of any bond issued hereunder or any trustee
therefor shall have the right to institute such foreclosure
proceedings in the name of the Town issuing such bond, if
such a delinquency has continued for a period of one year
and if the Town has not theretofore instituted such
foreclosure proceedings. The failure.of any bondholder
or any trustee therefor so to proceed shall not be deemed a
waiver of any other right or privilege-and-shall not relieve
the Town or any of its officers, agents, or employees for-
any liability for failure to perform any duty.
Section 46. Procedure to Place Previously Omitted Property
Upon Assessment Roll.
A. Whenever by mistake, inadvertence, or for any cause .
any tract otherwise subject to assessment-within-any district
shall have been omitted from the assessment roll for any
project, the Council may upon its own motion,or upon the
application of the owner of any tract within such district
charged with the lien of an assessment for any project, assess
the same in accordance with the special benefits accruing to
such omitted tract by reason of such project and. in proportion
to the assessment levied upon other tracts in such district.
B. In any such case the Council shall first pass a'reso-
lution setting forth that the certain tract or tracts therein
described were omitted from such assessment and notifying all
persons who may desire to object thereto to-appear at a
meeting of the Council at a time specified in such resolution
and*to present their objection thereto and directing the
engineer to report to the Council at or prior to the date
fixed for such hearing the amount which should be borne by
each such tract so omitted, which notice resolution shall be
published and shall be given by mail to the last-known owner
or owners of each such tract.
C. At the conclusion of such hearing or any adjournment
thereof, the Council shall consider the matter as though each
such tract had been included upon the original roll and may
confirm the same or any portion thereof by ordinance.
D. Thereupon the assessment on such roll of each omitted
tract shall be collected, the payment of which.shall be
secured by an assessment lien; and a claim of lien for which
may be filed for record in the office of the county clerk
as other assessments, as provided in section 44 hereof.
Section 47. Irregularities in Contracts.and Assessments: -
A. Whenever the Council has made any contract appertaining
to any project provided herein or shall-hereafter make any
assessment against any tract within any district'for any
project authorized herein and has in making such contract or
assessment acted.in good faith and without fraud or shall
hereafter act in-good faith and without fraud, the said con-
tract and assessment shall be valid'and enforceable as such,
and said assessment shall be a lien upon the tract upon which
the same purports to be a-lien.
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• •
B. It shall be no objection to the validity of such
contract, assessment, or lien: -
(1) That the contract appertaining to such project
was not entered into in the manner or at the time required
hereby or otherwise;
(2) That the same was made by an unauthorized
officer or person if the same shall have been confirmed by
the authorities of the Town; and-
(3) That any assessment is based upon an improper
basis of benefits to the tract appertaining thereto within
the district, unless it shall be made to appear that the
Town authorities acted fraudulently or oppressively in making-
such assessment.
C. All assessments heretofore or hereafter made which
are made by the Town authorities in good faith are hereby
declared to be valid and in full force and effect and to
be collectible in the manner which is now or may hereafter
be provided by law for the collection of assessments for
the purposes specified in this section.
Section 48. Description of Property; Notice to Tranfer.ees, etc.
A. It shall be sufficient in any case to describe the
tract as the same is platted or.recorded or described in any
official record, although the same belongs to several persons.
B.., Any purchaser, lien holder, assignee, or transfer"ror
of any tract subject to assessment"as herein provided in any
district herein provided for, after the first publication of
the notice of the provisional order to-create such district,
shall be held to notice thereof and of all proceedings with
reference thereto the same as the owners of such tract at the
time of such notice or proceedings.
Section 49. Assessment for Street Intersections.
A. The cost of acquiring or improving or acquiring and
improving street intersections may be segregated.
B. Such cost may be assessed upon-all frontage
of the street acquired or improved, or acquired and improved
(excluding an alley), and on intersecting streets within a -
distance of one-half (1/2) block in-each direction from such
intersections in proportion to the frontage of each lot or
tract on the street acquired or improved, or acquired and
improved (excluding an alley), or on an intersecting street,
or on both within said distance.
. C. The cost of acquiring or improving, or acquiring and
improving, an alley intersection may be assessed upon the
real property inthe same block extending to the nearest street
intersection and half the length of the block along its sides;
provided, however-, that where the sides of blocks are of
unequal length, the Council may determine the limit of assess-
ment.
D. In the alternative, the cost of acquiring or improving,
or acquiring and improving, street intersections (including
alley intersections) may be treated as one of the costs of
any project without separately segregating such intersection
cost. In such case the total cost of any project shall be
assessed as hereinabove provided upon the basis determined
without any separate assessment for intersection costs.
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•
Section 50. Assessment of Public Property.
A. When the Town, public body, or the federal government
(except the federal government in the absence of its consent
to assessment) shall own any tract or shall hold
the title to any tract not used as a street or other public
right-of-way of the Town or other public body, which if
owned by a private person would be liable to assessment for
benefits to pay for any project herein mentioned, an assess-
ment may be made against such tract as though such tract
were the property of a private person.
B. The Town, the public body, or the federal government
in the case of such consent shall pay the amount of each
such assessment by the levy of taxes or from other funds
available therefor.
C. If the assessment is not paid as provided by law, suit
may be brought in a district court to enforce the collection
of the assessment, and the judgment rendered against the Town,
the public body, or the federal government shall be-enforced
as other judgments thereagainst.
D. No such tract owned thereby shall be sold under any
such judgment nor as the result of any foreclosure of an
assessment nor otherwise.
Section 51. Reassessments. Whenever any assessment for
any project heretofore or hereafter effected by the Town hereunder
or under any other law heretofore enacted is in the opinion of the
Council invalid by reason of any irregularity or informality in
the proceedings, or if any court of competent jurisdiction hereto-
fore or hereafter adjudges such assessments-to be illegal, the
Council shall, whether the project has been effected or not or
whether any parts of the assessments have been paid or not, have
power to cause a new assessment to be made for the same purpose for
which the former assessment was made.
Section 52. Procedure for Relevy.
A. When an assessment has been o'r'is hereafter so
determined to be invalid or illegal, the Council shall by
ordinance order and shall make a new assessment or reassess-
ment upon the tracts which have been or will be benefited
by the project to which the invalid assessment appertains to
the extent of their proportionate part of the expenses
thereof, and in case the cost shall exceed the actual value of
such project, the new assessment or reassessment shall be for-
and shall be based upon the actual value of the same at the
time of the project's completion. '
B. To this end the engineer shall make a new assessment
roll in equitablemanner with reference to the benefits re=ceived, as near as may be in accordance with the law in
force at the time such reassessment is made; and'when the
same shall have been confirmed and approved-by-the Council
as provided for the original assessments, the reassessment
shall be enforced and collected in the same manner that
other assessments for such project are enforced and collected,
under the provisions of this ordinance; but all proceedings
relative to making the cost of any project chargeable upon
property benefited thereby, required and provided by the laws
of the Town prior to the making of the original assessment
roll, shall not be included nor required within the purpose
of sections 51 to 60, both inclusive, hereof.
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•
Section 53. Ordinance for Reassessment. The Council of the
Town shall by ordinance order and shall make a new assessment or re-
assessment, as'provided in section 52 hereof, upon the tracts which
have been or will be benfited by such project to the extent of
their proportionate part of the cost of the project.
Section 54. Assessment Roll; Certification. Upon the
passage of an ordinance, as erein efore provided, the engineer
shall make out an assessment roll according to the provisions of
said ordinance and shall certify the same to the Council, as
provided in section 32 hereof.
Section 55. Notice of Assessment Roll Filing and Hearing on
Objections; Publication; Written Protest. Upon-receiving the sai
assessment roll, the town clerk s a give notice of an assessment
hearing, as provided in section 33 hereof.
Section 56. Hearin At the time and place appointed for
hearing, the.Council sha hold an assessment hearing and shall
otherwise proceed, as provided in section 34 hereof.
Section 57. Levy of Reassessment; Cost and Value.
A. The fact that the contract has been let or that such
project shall have been acquired or improved, or acquired
and improved, and otherwise completed in whole or in part
shall not prevent such assessment from being made,.nor shall
the omission, failure, or neglect of any officer or officers
to comply with the provisions of the,laws governing the Town
as to petition, notice, resolution to acquire-or improve,
or both acquire and improve, estimate, survey, diagram,
manner of letting contract or execution of work, or any
other matter whatsoever connected with the project and the
,first assessment or assessments thereof, operate to invalidate
or in any way to affect the making of the new assessment or
reassessment, as provided for by sections 51 to 60, both
inclusive, hereof, charging the property benefited with the
expense,thereof, except as herein otherwise provided.
-B. Any such reassessment shall be levied by ordinance,
shall become final, as provided in section 35 hereof.
C. Such reassessment shall be for an amount which shall
not exceed the actual cost and value of the project, together
with any interest that shall have lawfully accrued thereon;
and such amount shall be equitably apportioned upon the
property benefited thereby according to the provisions of
the laws of the Town.
D. It is the-true intent and meaning of sections 51 to 60,
both inclusive, hereof, to make the cost and expense of each
local improvement project payable by the tracts benefited by
such project by making a reassessment therefor, notwithstanding
that theproceedings of the Council, engineer, or other body
or any officers thereof may be found irregular or defective,
whether jurisdictional or otherwise.
Section 58. Credits for Prior-Assessment. Whenever any sum
or any part thereof levied upon any tract in the assessment so set
aside has been paid and not refunded, the payment so made shall be
applied upon the reassessment of the tract on account,of which the
same was paid.
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Section 59. Collection of Assessments; New Order.
A. In all cases where the town manager, county treasurer,
or other municipal and county authorities shall be unable to
enforce the collection of any assessment by reason of irregu-
larity or omission in any proceedings subsequent to the
confirmation of the assessment, the Council is authorized and
empowered to cause a new order to issue to the town manager
or other proper officer for the collection of any assessment
which by reason of such irregularity or omission remains
unpaid and not collected.
B. The town manager or other proper officer shall proceed
under such new warrant or order to enforce and to collect the
assessments therein specified in the same manner, as near'as-
may be, as is prescribed by the provisions of sections 36 to
43, both inclusive, hereof, for the enforcement and the
collection of assessments, after the same shall have been
confirmed and reassessed, as provided in sections 51 to 60,
both inclusive, hereof.
C. As often as any failure shall occur by reason of such
irregularities or omissions, a new order may issue,
and new proceedings shall be had in like manner until such
assessment shall be fully collected as to each and every tract
charged therewith.
Section 60. Application of Funds from Reassessment to
Outstanding Indebtedness. Whenever the.Town has issued or shall issue
interim warrants or bonds to obtain funds to pay for any project'
which has been actually acquired or improved, or both acquired and
improved, and the assessment or assessments levied therefor have
failed or shall fail to be valid or sufficient-in whole or in part
and anew assessment or reassessment has been levied and confirmed,
as provided in sections 51 to 60, both inclusive, hereof, then the
Town is hereby authorized and directed to apply all moneys derived
from such assessments, new assessments, and reassessments to the -
payment of the warrants and bonds according to their tenor; and the
warrants and bonds issued for any project actually acquired or im-
proved, or both acquired and improved, shall be valid and binding
obligations of the Town, payable out of such assessments, new
assessments, and reassessments, which shall be levied and relevied
until payment in full shall have been made, as.provided in section'
19 hereof.
Section 61. Decision of Council Final. Any action and
decision of the Council proceeding hereunder as to.all matters
passed upon by the Council in relation to any action, matter, or
thing provided herein shall be final and conclusive in the absence
of fraud.
Section 62. Review of Proceedings. Pursuant to section 15.5
of the Charter, no action or proceeding, at law or in equity, to
review any acts or proceedings, or to question the validity of, or
enjoin the performance of the issue or collection of any bonds, or
the levy or collection of any assessments authorized by this law,
or for any other relief against any acts or proceedings of the Town
done or had under this law, shall be maintained against the Town,
unless commenced within thirty (30) days after-the performance of
the act or the effective date of the resolution or ordinance
complained of, or else be thereafter perpetually barred.
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• •
Section 63. Correction of Faulty Notices. In any case
where a notice is provided for herein, if the Council or the
court finds for any reason that due notice was not given, the
council or the court shall not thereby lose jurisdiction, and the
proceedings in question shall not thereby be void or abated; but
the Council or court shall order due notice to be given and shall
continue the hearing until such time as notice shall be properly
given and thereupon shall proceed as though notice has been
properly given in the first instance.
Section 64. Correction of Errors in Proceedings. It shall
be the duty of the Council, and it shall have--t-Fe-power by any
subsequent proceedings, to correct any mistakes, errors, or
irregularities in any of the proceedings mentioned herein.
Section 65. Retention of Jurisdiction.
A. The Council may continue the hearing upon any
petition or resolution or remonstrance provided for herein
and shall retain jurisdiction until the same be fully disposed
of.
B. The Council shall not lose jurisdiction over the
acquiring or improving, or acquiring and improving., of any
project, the levy of any assessment, or the issuance of
any bond or any other matter provided for herein by reason
of any adjournment or any delays, errors, mistakes, or
irregularities on the part of any,councilman or any town
officer or any person or persons whatsoever.
Section 66. Delegated Powers. The officers of the Town be,
and they hereby are, authorized and directed to take all action
necessary or appropriate to effectuate the provisions of this law.
Section 67. Repeal of Inconsistent Laws.
A. Any resolution, ordinance or other action of the
Council, or part thereof in conflict with this law is hereby
repealed to the extent only of such inconsistency. '
B. This repealer shall not be construed to revive any
action or part thereof heretofore repealed.
Section 68. Sufficiency of Law.
A. This law, without reference to any statutes of the
State, except as herein otherwise expressly provided, shall
constitute full authority for the exercise of powers herein
granted, including but not limited to:
(1) The acquisition or improvement, or acquisition
and improvement, of any project;
(2) The making of any contract for any project;
(3) The levy and collection of any assessment;
(4) The borrowing of any money or the incurrence of
any other obligation; and
(5) The authorization and issuance of any security
hereunder.
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/of. 4 0 -0 -
B. No other act or law with regard to
or the issuance of securities or the exer,
power herein granted that provides for an
an approval, limits interest rates, or in,
or restricts the carrying out of the acts
to be done shall be construed as applying
the authorization
=ise of any other
election, requires
any way impedes
herein authorized
to any proceedings
taken hereunder or acts done pursuant hereto.
C. No board, agency, bureau, commission or official
other than the Council shall have the-author ' ity to fix,
prescribe, modify, supervise, or regulate the levy or the
collection of special assessments or taxes herein designated,
except as herein expressly provided or necessarily implied,
nor to supervise or to regulate the acquisition or improve
ment, or acquisition and improvement, of any project herein
authorized.
D. The provisions of no other
special, or local, except as prov:
to the doing of the things herein
and no public body other than the
or jurisdiction over the doing of
authorized to be done.
law, either general,
Wed herein, shall apply
authorized to be done;
Council shall have authority
any of the acts herein
E. The powers conferred hereby shall be in addition and
supplemental to, and not in substitution for, and the
limitations imposed hereby shall not affect the powers
conferred by, any other law.
F. This law shall not be construed to prevent the
implementation by ordinance of section 15.2(b) of the
Charter so far as such implementation may apply to the
initiation of districts by petition.
Section 69. Severability. If any-section, paragraph, clause,
or provision of this law shall for any reason be held to be-invalid
or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause, or provision shall not affect any of the remaining
provisions of this law.
Section 70. Effective Date. This ordinance shall be in full
force and effect seven 7 days after its publication by posting
upon its final passage.
INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED
this 21st day of July, 1981.
HEARING on proposed
passage: July 28, 1981 at
Colorado.
QLX-e
yor
ordinance and consideration for final
P.M. at Town Hall in Avon,
-34-
ADOPTED AND APPROVED THIS 28th day of July, 1981.
(SEAL)
-35-
:;mifhin the Towni Inaccordanbe with •benesfs. payable in irnWivietrts and the time the first:,
-and on certain prescribed bases: sets forth the 'lnstallnertt ol principal olofifeamstorOfj)cd
kdWiting 'procedure."by Council.' hrcludinngg _-,`,W)d arty subsequent it~albt!<eolslhered shall'
,vertain preliminary engineering orarchkecdrrat become due.
flings relating to the project% the costs and D. The Counod in ties assessment ordinance
!assessments therefor; provides forlheordering ` =stroll State the number ofirrstalkreffis invtnlcir _
Of improvements by negotiated•orpublicly let assessments may be paid, the period of )
eotrad and otherwise provides • for the - payment the rate of interest upon the unpaid ,
:•taeffiion,-ot:, special assessment, districts `arstallmerdsofPrincipal tothmrrespectwedue
therefor, provides for warrants-and bonds to be dates. any privileges of rtaki^9 prepayments.
issued to defray all Of Partial the,0est of the . the rate of interest upon unpaid principal and
improvements; Provides for the seeudy of the aocn ed`interest after any delinquency at the
bonds in accordance withthe charter; provides rate of two per ce tun (2%) per month, or any
for yeissuance of tiorMs under ;Derain- - fsactipn thereof. and.' any- ' penalties and -
tirecianstances jm)wdes for :the remedies of •c cWlen an costs payabe affirdeliriquency-
`bondholders; Provides for the preparation of a 70WN OF AYON
final -amassment roll and hearing thereon Al Alps
provides-lat'a thirty-day cash payment period'. Mayor
for ,moments. ,and .for payments •qf ° -:Al-rE57
'assessments -and 4>stagnrents with interest at a Fidricia Doyle ;
,,me rrof''•than the -pond interest, rata` Toim'Clark •,rW •
~rovndes 'for acceleration upon delinqency: • :
; :Published in The Vail Trail .
=provides for the establishment,ot assessment
]lens; makes provisions far divisional tracts'iri on :duly 24,1981";
certain • circumstances '.after the, levy of
assessinents.' yrrovides tor., a men; •
i rAri~ and ccrTBCtiOn at assessmerus-
"Stle chatter: delegates to Tom •bniee s,111M
authority to - take adkm rneeessary 'Of
_ appropriate to •dted the .provisions at the
ordnance'. 'p'rovides-for'the'repeal of "taws
• - - pnoonsistent with " ordinance and far Ylre -
i ithout regard to-
' suR~ciencY Of the•ordinanoe
r ott~r imws'of the Stite brMcTaen: providesfor
UC L ~ V N V~ . :~ewrabllity of invalid provisions: and provides
fa the effective date -of the Crdirianas seven .
SPECIAL OR-LO CONCERNINGPRWJNICIPAL. .'';,daysafteritsP
bYp ffi9 n ,
WAcesr
assage I"
'
.INCLUDING- BUT NOT LIMITED TO THEIR p
-ACQUISiTION'.AND TO THE-CREATION OF Possible'. penalty t9auttes. eontaiiied nn,fie .
'
a]STRJCTS,:-SPECIAL-ASSESSMENTS. ;ordinances-Asfollows:
LOANS, AND SECURITIES.-APPERTAINING • .-'SECTION 32. Aeeeferation up",
i•THERETO; -VALIDATING, RATrFYING, ,=Definquemy, . - ' - '
APPROVING AN4 CONFIRMING ACTIONS A Fa8n1rB >a' finely any irlsta8ment, ,whether
-PREVIOUSLY- TAKEN. AND REPEALING ` principal or Interest men due,shal cause the
COUNCIL ACTION _INCONSISTENT '..whole amount of.•the oapaid Principal to
HEREWITH "become due and payable, Jmmediffiey at-the -
wasinb'oduoedataduycOadspecialmeeting'.-.OpNen,of the Town, bondholder,,or-trustee
of the Town Council ut the Town of Avoi.'and therefai initiating foreclosure proceediirgS, the
thei countyof Eagle, Cdaado on 6dY21, i98t, .ems Of said option to be indicated by the
j at which time it was approved on rust reading, ' . commencement of foreclosure proceedings for
wdhout amendmenL'-Im Councit axwelpon _ not Only each del'arquentinsta8raentbutatsO,all
set the regular meetiraJ'of-July 28,1981, al-the , other unpaid lrMaaments of any assessment
hour Df 720 pin., 81 -the Courcirs regular B. At any time prior tc ilmday 01 Sale. tfe-
gmting piece hi tbaTown Hall as the timeand owner may '.pay the amount Of delinquent
ptaee at which the Council will hold a public Installments. with acc. interest,ag penalties
= bearino on the Ord nW-- and cQsLS M tsllection gcrxrred 'Wicfuding but
Copes -cif the proposed ordinance'- am u t necessarily halted to any attomey's lees,'
•awantable ffi the o$re of tieToren Clerk in the and shall 'dim upon
be• restored to she right
i Town Hall. i --fter, to pap in Jnsfallmants in the same-
v Jfrw:r~n
U The •bltowing is 8 "me, Ot the 9lDjeCL nanner as if default had no been made . .
matter of the ordrnarioe: -
' The ordinance.'makes •a-legislative + ' "Section 3S Utnkations, Upon,, l 0emed,
fl xweticn as to vo reasons for its adopticrC Payments
1 :sets forth provisions tar Interpretation and A 'In -ease'. of such -ef bon to pay in
t- construction of the 0--rum provides atatthe insua11ments. theassessiment"I be payable in
p -,ODD ndl without,,an election shall have the not more than twenty (20) substantially equal
. power from tune to lime to acquire, Improve. armual Installments or not more` h, forty ( )
equip. operate and maintain within or without substataly equal semi arotuai irota8ments f
e Towm a protect inctuding ' witROUt 'principal.. .
-~initationar iundgutt.projetta-drainage $-interestinall camontheunpaldprincipal,
or 7food control project, a-ligtdaig project an eearuing from ;the date,ofThe publication, the
oneerpass project. a' panic m mall projeet'a asse==t ordinance upon its anal Passe9e
1. , . sanitary or rwwer project, a sidewalk project a • until the respective instafknenta due dates shalt
sewer project ' a • atceet, project ' an • : be f amnualy or selni-eamalN et a tale
_.storm imder~proect a water projecLand any part . ; , trot tess than 11W rate of Interest on the bonds
Atsuchpr oresrycombtnationsatprofects • C. Notting bwein',oontained slag -be
or parts of #!ojec4::auttorizes the levy Of conabuad as limiting the discretion ol;tlne
assessments against • VXSasssble property Council. In determining r it 3r asaesernents
! 0 11
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M.,ON'THE 21ST DAY OF
JULY, 1981 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD', AVON,
COLORADO, 81620 FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF
ORDINANCENO:#81-24, SERIES OF 1981:
AN ORDINANCE CONCERNING MUNICIPAL SPECIAL'OR'LOCAL IMPROVEMENTS,
INCLUDING BUT NOT LIMITED TO,THEIR ACQUISITION AND TO'THE CREATION OF
DISTRD QS, SPECIAL ASSESSMENTS,,LOANS, AND SECURITIES APPERTAINING
THERETO;-VALIDATING, RATIFYING, APPROVING, AND`,CONFIAMING ACTIONS'
PREVIOUSLY TAKEN; AND REPEALING COUNCIL ACTION INCONSISTENT HEREWITH
Acopy-of said Ordinance is on file at the office of`the Town.Clerk
and may be inspected during regular business hours..
This notice given and posted by order of the Town Council of the
Town of Avon-, Colorado.
Dated this 17th day of July,'-1981
T
B
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON JULY'17, 1981:
NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST
OFFICE,,
THE MAIN ENTRANCE-OF CITY MARKET
THE PESTER GAS STATION; AND
THE;MUNICIPAL BUILDING, 400 BENCHMARK ROAD
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 28TH DAY OF JULY,
1981 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO,
FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE N0.#81-24,
SERIES OF 1981:
AN ORDINANCE CONCERNING MUNICIPAL SPECIAL OR LOCAL IMPROVEMENTS,
INCLUDING BUT NOT LIMITED TO THEIR ACQUISITION AND TO THE CREATION OF
DISTRICTS, SPECIAL ASSESSMENTS, LOANS, AND SECURITIES APPERTAINING THERETO:
VALIDATING, RATIFYING, APPROVING, AND CONFIRMING.ACTIONS PREVIOUSLY TAKEN:
AND REPEALING COUNCIL ACTION INCONSISTENT HEREWITH.
A copy of said.Ordinance is on file at the office of the Town Clerk
and may.be inspected during regular business hours.
This notice given and posted by order of the-Town'Council of the
Town of Avon, Colorado.
Dated this 24th day of July, 1981.
T
B
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OFJAVON ON
JULY 24, 1981:
NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE,
THE MAIN ENTRANCE OF CITY MARKET,
THE PESTER GAS STATION;, AND
THE MUNICIPAL BUILDING,-400 BENCHMARK ROAD IN THE MAIN LOBBY
4
. B6`6
330`
226950
Recorded
at 1:30PM
October 15; 1981
1
Pdge
591
_
Recorder:
Johnnette
Phillip Eagle County
CERTIFICATION
P u
STATE OF COLORADO )
SS
COUNTY OF EAGLE )
Fee $18.O0pd
I, Patricia J. Doyle, DO HEREBY CERTIFY that I
am the Town Clerk of the Town of Avon and the keeper of
the records and corporate seal of said municipal corpora-
tion; and that the attached is a true copy of
Ordinance No.#81-25, Series of 1981, Annexing Myers Ranch
of the Town of Avon, County of Eagle and State of Colo-
rado, and that said Ordinance No.#81-25, Series of 1981
is in full force and effect at the date hereof, and the
original is in my custody as Town Clerk.
WITNESS my hand and official seal of the Town
of Avon, County of Eagle, State of Colorado, this 30th
day of September 1981.
Patricia J. Doyle
Town Clerk