TC Ord. No. 1990-14ORDINANCE NO. 90-14
5611
AN ORDINANCE CONCERNING A LOCAL
IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS
THE "TOWN OF AVON, LOCAL IMPROVEMENT
DISTRICT NO. 1990-1;" APPROVING THE COST OF THE
IMPROVEMENTS TO BE MADE IN LOCAL
IMPROVEMENT DISTRICT NO. 1990-1; APPROVING AND
CONFIRMING THE ASSESSMENT ROLL, AS MODIFIED,
IF MODIFIED, AND ASSESSING A SHARE OF SAID COST
AGAINST EACH LOT OR TRACT OF LAND IN THE
DISTRICT; AND PROVIDING FOR THE LEVY AND
COLLECTION OF SAID ASSESSMENTS.
WHEREAS, pursuant to Chapter XV of the Charter and Chapter 12.08 of the
Avon Municipal Code (the "Code"), as amended by Ordinance No. 90-4, adopted June 1,
Q S. 1990, the Town has the power to create special or local improvement districts for the
purpose of constructing or installing special or local improvements of every character,
assessing the cost thereof against the property benefitted and issuing special or local
U G1 improvement bonds therefore; and
III S
WHEREAS, pursuant to Resolution No. 90-17, and after a hearing as required
in Section 12.08.110 of the Code, the Town Council (the "Council") of the Town of Avon,
In, Colorado (the "Town") has provisionally ordered utility line improvements to be made within
Q the District according to preliminary plans, costs and assessment rolls; and
c WHEREAS, by such resolution the Council fixed a day, i.e., June 26, 1992, at
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e- a 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
N WHEREAS, after the adoption of such resolution and giving notice by
u) publication in the Vail Trail, a newspaper of general circulation within the Town, and by
mailing notice, first-class mail, postage prepaid, 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 District
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whose property will be assessed for the cost of the improvements; and
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w WHEREAS, the hearing was held at the designated time and place and full
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M s opportunity was afforded all property owners and other interested persons to present their
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views; and
WHEREAS, the Council duly considered each and every petition, protest and
w W objection, written and verbal, concerning the proposed District; and
WHEREAS, by Ordinance No. 90-6, passed and adopted on July 10, 1990 (the
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z "Creation Ordinance"), the Council of the Town created Local Improvement District No.
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1990-1 (the 'District"), for the purpose of making certain local improvements as described in
the Creation Ordinance (the "improvements") and providing for payment of the costs of the
improvements; and
WHEREAS, the Council has determined, and hereby determines, that the
utility line improvements are necessary and desirable and will confer a special benefit upon
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4;.33 a85 B--537 P-4:3- 09/1'-/90 16-52:' the property to be included in the District and assessed for a part of the costs of the
improvements, and accordingly has determined to adopt this ordinance.
WHEREAS, the Council has divided the District into three separate assessment
units for the purpose of assessing the cost of the improvements; and
WHEREAS, the total cost of improvements in each Assessment Unit has been
reasonably ascertained, and the Town Engineer has prepared an assessment roll; and
WHEREAS, the assessment roll prepared by the Town Engineer reflects that
the total cost of the improvements in Assessment Unit No. 1, including all incidental costs,
is $50,986.57, that none of such amount is to be paid by the Town from sources other than
assessments; and that $50,986.57 will be assessed against the real property in the District and
specially benefited by the improvements; and
WHEREAS, the assessment roll prepared by the Town Engineer reflects that
the total cost of the improvements in Assessment Unit No. 2, including all incidental costs,
is $246,970.92, that $73,124.94 of such amount is to be paid by the Town from sources other
than assessments; and that $173,845.98 will be assessed against the real property in the
District and specially benefitted by the improvements; and
WHEREAS, the assessment roll prepared by the Town Engineer reflects that
the total cost of the improvements in Assessment Unit No. 3, including all incidental costs,
is $1,127,042.51, that $66,857.09 of such amount is to be paid by the Town from sources
other than assessments; and that $1,060,185.42 will be assessed against the real property in
the District and specially benefitted by the improvements; and
WHEREAS, the Council has apportioned shares of such assessed cost to lots
or tracts of land in the District in accordance with the special benefits to be derived by said
property, in accordance with the provisions of the Creation Ordinance, and in the respective
amounts severally set forth in the assessment roll as modified; and
WHEREAS, the Council has determined to assess such portion of the cost of
the improvements against those lots and tracts of land, and in the respective amounts, set
forth in the assessment roll, as modified;
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Confirmation of Assessment Roll. The cost of the improvements
and the apportionment of a portion of such cost, as set forth in the assessment roll as
prepared by the Town Engineer is hereby approved and confirmed. Said apportionment is
hereby determined and declared to be in accordance with the special benefits which the
property in the District will receive by reason of the improvements. Said cost is hereby
assessed to and upon lots or tracts of land within the District in the respective amounts set
forth in the assessment roll as prepared by the Town Engineer. The County Treasurer is
directed to collect the assessments.
Section 2. Payment of Assessments. The assessments shall be due and
payable without demand at the office of the Town Manager within thirty (30) days after
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LF233585 B-537 F'LF ._,.i ~ 7I 1 L.I JAL' 1 G . JL. PIG 3 006
publication of this ordinance. However, at the election of the property owner, all such
assessments may be paid in installments, with interest as hereinafter set forth.
After the expiration of the initial thirty (30) day payment period, all assessment
installments will be payable at the office of the County Treasurer of Eagle County. Upon
the expiration of the thirty (30) day payment period, the Town Manager shall certify the
assessment roll over to the County Treasurer for collection.
Failure to pay the whole assessment within said period of thirty (30) days shall
be conclusively considered and held to be an election on the part of all persons interested,
whether under disability or otherwise, to pay in installments. All persons so electing to pay
in installments shall be conclusively considered to have consented to said improvements. Such
election shall be conclusively considered and held to be a waiver of any right to question the
power or jurisdiction of the Town to acquire or construct the improvements, the quality of
the work, the regularity or sufficiency of the proceedings, the validity or correctness of the
assessments, or the validity of the lien thereof.
In the event of such election to pay in installments, the assessments shall be
payable at the office of the County Treasurer in fifteen (15) substantially equal annual
installments of principal due on March 1, commencing March 1, 1991. Interest on the
unpaid principal amount shall accrue from the date of publication of this ordinance at the
rate of 12.00% per annum and shall be payable annually on March 1 of each year
commencing March 1, 1991. The owner of any property not in default as to any installment
of principal or interest may at any time prepay the whole of the unpaid principal with
interest thereon from the last installment payment date to the next payment date.
Section 3. Penalty for Default or Non-Payment. Failure to pay when due
any installment of principal and interest shall cause the whole of the unpaid principal and
accrued interest to become due and collectible immediately, and the whole amount of the
unpaid principal and accrued interest shall thereafter be subject to penalties as established
pursuant to Sections 12.08.380 and 12.08.390 of the Code, until the day of tax sale. The
rate of interest accruing on any unpaid principal and accrued interest after any delinquency
shall be 2% per month. At any time prior to the day of tax sale the owner may pay the
amount of all unpaid installments, with all penalties accrued and all costs of collection, and
thereafter shall be restored to the right to pay in installments in the same manner as if
default had not been suffered.
Section 4. Assessment Lien. All assessments levied against
the real property in the District, together with all interest, penalties for default, and all costs
of collecting the same shall constitute, from the effective date of this ordinance, a perpetual
lien in the several amounts assessed or charged against each lot, tract, or other parcel of
property assessed. Such lien shall have priority over all other liens except general tax liens
and possibly other liens imposed by the State of Colorado or its political subdivisions or by
the United States of America or any agency or instrumentality thereof, and shall be enforced
in accordance with the laws of the State of Colorado. This ordinance shall he filers with the
Eagle County Clerk and Recorder for recording on the land records of each lot, tract, or
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parcel of property assessed; provided however, that failure to so record this ordinance or any
defect therein shall not affect the lien of the assessments. In the event that any lot, tract
or parcel of property assessed in the District is subdivided, the assessment may be
apportioned, as a part of the Town's subdivision procedure, on the basis of the respective
areas of the subdivided parcels, with such equitable adjustments as may be deemed necessary
to properly reflect the special benefits to the subdivided parcels.
Section 5. Compliance with Requirements; Ratification. The Council hereby
finds and determines that all of the requirements for publication and mailing of notice and
conduct of the hearing set forth in the Code were complied with by the Town. All
proceedings and other actions heretofore taken or adopted by or on behalf of the Town in
connection with the District, the improvements, or the levy of assessments in connection
therewith, and not inconsistent with this ordinance, are hereby ratified, approved and
confirmed.
Section 6. Notice of Payment of Assessments. The Town Manager shall
cause a notice of assessments due to be published in a newspaper of general circulation in
the Town and mailed to the owners of the property in the District, on or about the same
day as the final publication of this Ordinance. Such notice shall set forth the place of
payment and the time for the thirty (30) day period to close. The notice shall be in
b~
substantially the following form:
143-35 5 L-JJ/ F'-433 071127'/90 lU JL= PIG 4 OF O
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33585 B-537 F'-433 0/1-2/90 16:5-2' F'C 5 QF
(Form of Notice)
NOTICE OF ASSESSMENTS DUE
FOR IMPROVEMENTS IN
LOCAL IMPROVEMENT DISTRICT NO. 1990-1
AVON, COLORADO
NOTICE IS HEREBY GIVEN to the owners of property within the Town of
Avon, Local Improvement District No. 1990-1 (the "District") that pursuant to Ordinance No.
90-14, adopted September 11, 1990, the property within the District has been assessed for
improvements.
[NOTICE IS HEREBY GIVEN to , owner of property
within the Town of Avon, Local Improvement District No. 1990-1 (the "District") that
pursuant to Ordinance No. 90-14, adopted September 11, 1990, your property has been
assessed for improvements in the amount of $
The assessments levied against property in the District shall be due and payable
without demand at the office of the Town Manager at any time on or before October 14,
1990, which is not less than thirty (30) days after publication of Ordinance No. 90-14.
However, at the election of the property owner, all such assessments may be paid in
installments, with interest as hereinafter set forth.
After the expiration of the initial thirty (30) day payment period, all assessment
installments will be payable at the office of the County Treasurer of Eagle County. Upon
the expiration of the thirty (30) day payment period, the Town Manager shall certify the
assessment roll over to the County Treasurer for collection.
Failure to pay the whole assessment within said period of thirty (30) days shall
be conclusively considered and held to be an election on the part of all persons interested,
whether under disability or otherwise, to pay in installments. All persons so electing to pay
in installments shall be conclusively considered to have consented to said improvements. Such
election shall be conclusively considered and held to be a waiver of any right to question the
power or jurisdiction of the Town to acquire or construct the improvements, the quality of
the work, the regularity or sufficiency of the proceedings, the validity or correctness of the
assessments, or the validity of the lien thereof.
In the event of such election to pay in installments, the assessments shall be
payable at the office of the County Treasurer in fifteen (15) substantially equal annual
installments of principal due on March 1, commencing March 1, 1991. Interest on the
unpaid principal amount shall accrue from the date of publication of this ordinance at the
rate of 12.00% per annum and shall be payable annually on March 1 of each year
commencing March 1, 1991. The owner of any property not in default as to any installment
of principal or interest may at any time prepay the whole of the unpaid principal with
interest thereon from the last installment payment date to the next payment date.
Failure to pay when due any installment of principal and interest shall cause
the whole of the unpaid principal and accrued interest to become due and collectible
immediately, and the whole amount of the unpaid principal and accrued interest shall
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433585 B-537 F-433 09/12/90 16 ° 52 PIG 6 OF*
thereafter be subject to penalties as established pursuant to Sections 12.08.380 and 12.08.390
of the Code, until the day of tax sale. The rate of interest accruing on any unpaid principal
and accrued interest after any delinquency shall be 2% per month. At any time prior to the
day of tax sale the owner may pay the amount of all unpaid installments, with all penalties
accrued and all costs of collection, and thereafter shall be restored to the right to pay in
installments in the same manner as if default had not been suffered.
All assessments levied against the real property in the District, together with
all interest, penalties for default, and all costs of collecting the same shall constitute, from
the effective date of Ordinance No. 90-14, a perpetual lien in the several amounts assessed
or charged against each lot, tract, or other parcel of property assessed. Such lien shall have
priority over all other liens except general tax liens and possibly other liens imposed by the
State of Colorado or its political subdivisions or by the United States of America or any
agency or instrumentality thereof, and shall be enforced in accordance with the laws of the
State of Colorado. Ordinance No. 90-14 shall be riled with the Eagle County Clerk and
Recorder for recording on the land records of each lot, tract, or parcel of property assessed;
provided however, that failure to so record this ordinance or any defect therein shall not
affect the lien of the assessments. In the event that any lot, tract or parcel of property
assessed in the District is subdivided, the assessment may be apportioned, as a part of the
Town's subdivision procedure, on the basis of the respective areas of the subdivided parcels,
with such equitable adjustments as may be deemed necessary to properly reflect the special
benefits to the subdivided parcels.
A copy of the assessment roll, as finally approved by the assessment ordinance
is enclosed with this notice.
By order of the Town Council of the Town of Avon, Colorado.
Dated at Avon, Colorado this Sel
(End of Form of Notice)
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335 85 B-•537 P-433 09/12"/90 16:52"' F-1G 7 OF A
Section 7. Authorization to Take Additional Action. The officers and
agents of the Town are hereby authorized and directed to take any and all other actions
necessary or appropriate to effectuate the provisions of this ordinance.
Section 8. Severability. If any one or more sections or parts of this
ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair,
or invalidate the remaining provisions of this ordinance, it being the intention that the various
provisions hereof are severable.
Section 9. Repealer. All acts, orders, resolutions, ordinances, or parts
thereof, that are inconsistent or in conflict with this ordinance, are hereby repealed only to
the extent of such inconsistency or conflict.
Section 10. Recordiniz, Authentication, and Publication. Immediately on its
passage, this ordinance shall be numbered and recorded in the official records of the City,
authenticated by the signatures of the Mayor and the City Clerk, and shall be published in
accordance with Section 6.7 of the Town Charter.
Section 11. Statutes Superseded. 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 District or the improvements or the levy of
assessments in connection therewith and which are in conflict with the provisions of this
ordinance are hereby superseded.
Section 12. Limitations on Review of Proceedings. Pursuant to
Section 12.08.630 of the Code, no action or proceeding, at law or in equity, to review any
acts or proceedings or to question the validity or enjoin the performance of the issue or
collection of the Bonds, or the levy or collection of assessments or for any other relief
against any acts or proceedings done or had pursuant to the Charter relating to the District,
shall be maintained 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.
Section 13. Effective Date. This ordinance shall be in full force and effect
seven days after its publication by posting upon its final passage.
INTRODUCED, PASSED ON FIRST READING AND ORDERED
PUBLISHED THIS 14TH DAY OF AUGUST 1990.
`S ;uE, A. L
= May
ATTE ~ ;D:
Town Jerk
ADOPTED AND APPROVED, THIS 11TH DAY OF SEPTEMBER, 1990.
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43:3 ;85 B-53'7 P-433 09/12/90 16:52 PG 8 OF 8
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 AUGUST, 1990, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE 90-14, SERIES OF
1990:
AN ORDINANCE CONCERNING A LOCAL IMPROVEMENT DISTRICT KNOT^]N
AND IDENTIFIED AS THE "TOWN OF AVON, LOCAL IMPROVEMENT DISTRICT
NO. 1990-1," APPROVING THE COST OF THE IMPROVEMENTS TO BE MADE
IN LOCAL IMPROVEMENT DISTRICT NO. 1990-1; APPROVING AND
CONFIRMING THE ASSESSMENT ROLL, AS MODIFIED, IF MODIFIED, AND
ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND
IN THE DISTRICT; AND PROVIDING FOR THE LEVY AND COLLECTION
OF SAID ASSESSMENTS.
A copy of said Ordinance is attached hereto, and is also on file
as the office of the Town Clerk, and may be inspected during
regular business hours.
Following this hearing the Council may consider final passage M
of this Ordinance.
This notice is given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 14th day of August, 1990.
TOWN AVON, COLO
BY Vl~~~i~
atricia ~d/. Doyle,/Town Clei
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN
OF AVON, COLORADO ON AUGUST 15, 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
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