TC Ord. No. 1990-11ORDINANCE NO. 90-11
AN ORDINANCE CONCERNING THE ESTABLISHMENT
OF A UTILITY CAPITAL FACILITIES FEE; AND
PRESCRIBING DETAILS IN CONNECTION WITH SUCH
MATTERS.
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 Chapter XV the Charter of the Town and Chapter
12.08 of the Avon Municipal Code (the "Code") as amended by Ordinance No. 90-4 adopted
June 1, 1990, the Town Council (the "Council") is authorized to create local improvement
districts to finance the cost of constructing local improvements; and
WHEREAS, by Resolution No. 90-17, adopted on June 12, 1990, the Council
prescribed the extent of the proposed Local Improvement District No. 1990-1 (the "District")
to be assessed, the kind of utility line improvements proposed, the number of installments
and the time in which the cost of the improvements will be payable, the probable cost, the
amount or proportion of the total cost to be paid by other than special assessments, the
methods of levying assessments, and the approximate amount or share of the portion of the
total estimate to be assessed against property specially benefited by the acquisition of the
proposed utility line improvements in the District; and
WHEREAS, by the adoption of such resolution, the Council, pursuant to its
Charter and the Code, adopted the preliminary plans and specifications and other documents
prepared by Public Service Company of Colorado, Heritage Cablevision and the Town
Engineer; and
WHEREAS, by such resolution the Council conditionally ordered that such
improvements be made when the same have been authorized by ordinance; and
WHEREAS, by such resolution the Council fixed a day, i.e., June 26, 1990,
at 7:30 p.m., at the Town Council Chambers at the Town Hall, Avon, Colorado, upon which
a hearing in respect to such improvements should be had; and
WHEREAS, after the adoption of such resolution and giving notice, by
publication in the Vail Trail, a newspaper of general circulation in the Town, and by mailing
notice, postage prepaid, as first-class mail, at least 10 days prior to the hearing, to the last
known address of each last known owner or owners of each tract within the proposed
District whose property will be assessed for the cost of the improvements, the hearing was
held at the designated time and place and full opportunity was afforded all property owners
and other persons interested in such utility line improvements (the "Project"), by written
protest, or otherwise, to present their views; and
WHEREAS, the Council has determined, to exclude all property located within
Assessment Unit No. 2 and Assessment Unit No. 3 within the District on which is located
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a building because of the costs which are involved in converting such existing buildings from
electric or propane heat to natural gas heat; and
WHEREAS, the Council has determined that the Town shall pay the portion
of the costs of the Project attributable to such excluded property; and
WHEREAS, the Council has determined, and does hereby determine to
establish a utility capital facilities fee in order to recover such costs paid by the Town in the
event any excluded property makes use of the Project.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. There is hereby imposed upon each and every property described
in this Section and the owners and occupants thereof, a utility capital facilities fee. This fee
is deemed reasonable and is necessary to pay for the costs of construction of natural gas
service facilities and cable television service facilities to such properties. The properties
subject to the fee and the development rights assigned to such properties under the Town
Code are as follows:
UNIT NO. 2
Buffalo Head Townhomes, Lot 81, Block 1, Wildridge
Unit No. 1 - 1 development right
Unit No. 2 - 1 development right
Unit No. 3 - 1 development right
Unit No. 4 - 1 development right
Highpoint Condominiums, Lot 8, Block 1, Wildridge
Unit No. 1 -
1 development right
Unit No. 2 -
1 development right
Unit No. 3 -
1 development right
Unit No. 4 -
1 development right
Unit No. 5 -
1 development right
Unit No. 6 -
1 development right
Mountain Shadows Condominiums, Lot 76, Block 1, Wildridge
Unit No. 1 -
1 development right
Unit No. 2 -
1 development right
Unit No. 3 -
1 development right
Unit No. 4 -
1 development right
Unit No. 5 -
1 development right
Unit No. 6 -
1 development right
Saddleridge at Avon, Lot 16, Block 1, Wildridge
Unit No. 1 - 1 development right
Unit No. 2 - 1 development right
Unit No. 3 - 1 development right
Unit No. 4 - 1 development right
Unit No. 5 - 1 development right
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5r.Nl BY:Xerox Ielecopier 7021 ; 7-23-90 ; 4:10PM ; 303297290U-+ 303 94991394 2
j Skyview Condominiums, Lot 5, Block 1, Wildridge
Unit No. 1 - 1 development right
Unit No. 2 - 1 development right
Unit No. 3 - 1 development right _
Unit No. 4 - 1 development right
Unit No. 5 - 1 development right
Unit No. 6- 1 development right
Sunerest Townhomes, Phase H, Lot 7, Block 1, Wildridge
Unit No. 1 - 1 development right
Unit No. 2 - 1 development right
Unit No. 3 - 1 development right
Future Development - 3 development rights
Sunerest Townhomes, Lot 3, Block 1, Wildridge
Unit No. A-1 - 1 development right
Unit No. A-2 - 1 development right
Unit No. A-3 - 1 development right
Unit No. B-4 - 1 development right
Lot 10, Block 1, Wildridge
4 development rights
Lot 12A, Block 1, Wildridge
1 development right
Lot 12B, Block 1, Wildridge
1 development right
Cheney Duplex, Resubdivision of Lot 26, Block 1, Wildridge
Parcel 1 - 1 development right
Parcel 2 - 1 development right
Pagett Duplex, Resubdivision of Lot 35, Block 1, Wildridge
Parcel A - 1 development right
Parcel B - 1 development right
Lot 36A, Block 1, Wildridge
1 development right
Lot 36B, Block 1, Wildridge
1 development right
Resubdivision of Lot 39, Block 1, Wildridge
Parcel A - 1 development right
Parcel B - 1 development right
Resubdivision of Lot 44, Block 1, Wildridge
Parcel A - 1 development right
Parcel B - 1 development right
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UNIT NO. 3
Lot 62, Block 1, Wildridge
2 development rights
Lot 8, Block 2, Wildridge
2 development rights
Resubdivision Lot 27, Block 2, Wildridge
Lot A - 1 development right
Lot B - 1 development right
Coyote Ridge Condominiums - Phase I, part of Lot 56, Block 2, Wildridge
Unit 1 - 1 development right
Unit 2 - 1 development right
Lot 56W, a Resubdivision of Lot 56, Block 2, Wildridge
Lot 56W-A - 1 development right
Lot 56W-B - 1 development right
Lot 38, Block 3, Wildridge
2 development rights
Lot 41 - A, Block 3, Wildridge
1 development right
Lot 41 - B, Block 3, Wildridge
1 development right
The Ray Townhouse, Resubdivision of Lot 51, Block 3, Wildridge
Parcel A - 1 development right
Parcel B - 1 development right
Lot 54, Block 3, Wildridge
2 development rights
Lot 59, Block 3, Wildridge
1 development right
Final Replat, Lot 67, Block 3, Wildridge
Parcel A - 1 development right
Parcel B - 1 development right
Lot 15, Block 4, Wildridge
1 development right
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Lot 21, Block 4, Wildridge
2 development rights
A Resubdivision of Lot 37, Block 4, Wildridge
Parcel A - 1 development right
Parcel B - 1 development right
Lot 51 - A, Block 4, Wildridge
1 development right
Lot 51 - B, Block 4, Wildridge
1 development right
Lot 68, Block 4, Wildridge
2 development rights
Cufaude Townhouses, a Resubdivision of Lot 88, Block 4, Wildridge
Unit A - 1 development right
Unit B - 1 development right
Gosshawk Townhomes, a Condominium, Lot 10, Block 5, Wildridge
Unit No. 1 - 1
development right
Unit No. 2 - 1
development right
Unit No. 3 - 1
development right
Unit No. 4 - 1
development right
Unit No. 5 - 1
development right
Unit No. 6 - 1
development right
Unit No. 7 - 1
development right
Unit No. 8 - 1
development right
Unit No. 9 - 1
development right
Unit No. 10 -
1 development right
Section 2. The fee within Unit No. 2 shall be $1,379.33 per development
right plus interest thereon from August 28, 1990 at the rate of 12.00% per annum until the
utility capital facilities fee is due and payable. The fee in Unit No. 3 shall be $1,379.73 per
development right for natural gas service facilities with interest thereon from
August 28, 1990 at the rate of 12.00% per annum until the utility capital facilities fee is due
and payable. The utility capital facilities fee in Unit No. 3 for cable television service
facilities shall be $212.14 per development right with interest thereon at the rate of
12.00% per annum from August 28, 1990 at the rate of 12.00% per annum until the utility
capital facilities fee is due and payable.
Section 3. The utility capital facilities fee shall be due and payable as of the
date that the property is connected to the natural gas service facility or cable television
service facility as the case may be. The fee shall be billed and collected by the Town
Manager or his designee. Prior to March 1, 2004, at the election of the owner of the
property being served, the utility capital facilities fee may be paid in installments with interest
thereon at the rate of 12.00% per annum. In the event of such election, the utility capital
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facilities fee shall be paid in equal annual installments of principal commencing on the first
March 1 after the date the fee is due and payable until March 1, 2005, with interest thereon
payable annually on March 1 of each year. On and after March 1, 2004, the owner of any
property subject to the utility capital facilities fee may not elect to pay in installments. The
owner of any property subject to the utility capital facilities fee may at any time pay the
whole or any unpaid installment of the unpaid principal and any interest accrued to the next
interest payment date, without prepayment penalty. Failure to pay any installment, whether
principal or interest, when due, shall cause the whole amount of the unpaid principal of the
utility capital facilities fee to become due and payable immediately at the option of the Town.
At any time prior to the day of sale, the owner may pay the amount of delinquent
installments, with accrued interest, all penalties, and cost of collections accrued, including but
not necessarily limited to any attorneys' fees, and shall thereupon be restored to the right
thereafter to pay installments in the same manner as if the default had not been made. All
delinquent installments, whether principal or interest, shall bear additional interest at the rate
of 2% per month.
Section 4. Any fee due hereunder which shall not be paid when due may
be recovered in an action of law by the Town. All fees imposed hereunder shall be a lien
upon the property against which such fees are imposed from the date the fee becomes due
until paid. The owner of every subject lot or parcel shall be obligated to pay the fee, which
obligation may be enforced by the Town by action at law or by suit to enforce the lien or
by causing such delinquent charge to be certified to the county treasurer and to be collected
and paid over by the treasurer of the county in the same manner as taxes are authorized to
be collected by law. If a tenant in possession of any premises shall pay such fee, such
payment shall relieve the owner from such obligation and lien, but the Town shall not be
required to look to any person other than the owner for the payment of such fees. No
change of ownership or occupation shall affect the application of this ordinance. Failure of
any owner to learn that such property is subject to a lien for utility capital facilities fees shall
not affect the responsibility for such payment.
Section 5. The Town Manager or his designee may, but shall not be
required, to mail notice of the utilities capital facilities fee to the last known address of the
owners of the property subject to the fee. When the fee becomes due and payable
hereunder, the Town Manager may, but is not required to, file for record in the office of the
county clerk a claim of lien for the unpaid amount due and assessed against each property.
When a claim of lien is so filed and any fee appertaining thereto is paid in full, the Town
Manager or his designee shall release the lien against any specific tract.
Section 6. Pursuant to Article XX of the Colorado Constitution and the
Charter of the Town, all statutes of the State of Colorado which might otherwise apply in
connection with the levy of the fee and which are in conflict with the provisions of this
ordinance, are hereby superseded.
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Section 7. 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
Ordinance.
Section 8. All orders, bylaws, resolutions, ordinances, or parts thereof, in
conflict with this Ordinance are hereby repealed. This repealer shall not be construed to
revive any order, bylaw, resolution, or ordinance, or part thereof, heretofore repealed.
Section 9. If any section, paragraph, clause, or other provision of this
Ordinance is for any reason held to be in invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause, or other provision shall not affect the
validity of the remaining provisions of this Ordinance.
Section 10. 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 10TH DAY OF JULY, 1990.
(SEAL)
Attest:
Mayor
ADOPTED AND APPROVED THIS 24th day of July, 1990.
(SEAL)
Attest:
Mayor
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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
24TH DAY OF JULY, 1990, AT THE TOWN HALL FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 90-11, SERIES OF
1990:
AN ORDINANCE CONCERNING THE ESTABLISHMENT OF A UTILITY CAPITAL
FACILITIES FEE; AND PRESCRIBING DETAILS IN CONNECTION WITH SUCH
MATTERS.
A copy of said Ordinance is attached hereto, and is also on file
at the office of the Town Clerk, and may be inspected during
regular business hours.
Following this hearing the Council may consider final passage
of thie Ordinance.
This notice is given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 10th day of July, 1990.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN
OF AVON, COLORADO ON JULY 11, 1990:
THE AVON POST OFFICE IN THE MAIN LOBBY
THE CITY MARKET IN THE MAIN LOBBY
THE COASTAL MART, INC.; and
THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY