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TC Res. No. 1990-17RESOLUTION NO.9 0 -17 A RESOLUTION -CONCERNING A PROPOSED LOCAL IMPROVEMENT DISTRICT TO BE _ KNOWN AND IDEN'T'IFIED AS "TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1990-1"; DECLARING.THE NECESSITY OF THE UTILITY LINE PROJECTS; DETERMINING THE DESIGNATION OF THE DISTRICT; STATING THE NATURE AND LOCATION OF THE UTILITY LINE PROJECTS TO BE MADE; PRESCRIBING THE DISTRICT TO BE ASSESSED AND THE SEPARATE ASSESSMENT UNITS; APPROVING AND ADOPTING T EEREFOR THE PRELI IINARY PLANS AND SPECIFICATIONS, THE PRELIl IINARY ESTIMATE OF THE TOTAL COST, THE ASSESSMENT PLAT AND MAP, AND PRELIMINARY ASSESSMENT ROLL, OF THE DISTRICT; PRESCRIBING A NUMBER OF DETAILS CONCERNING THE- DISTRICT, THE UTILITY LINE PROJECTS THEREIN, AND THE ASSESSMENTS TO BE LEVIED THEREFOR; PROVISIONALLY ORDERING THAT SUCH IMPROVEMENTS BE MADE; FIXING THE TIME AND PLACE FOR THE HEARING ON THE IMPROVEMENTS; AND PRESCRIBING NOTICE OF THE HEARING. 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 of the Charter 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, the Council desires to provide for the extension of natural gas service facilities and cable television service facilities to certain property located within the Town and Section 12.08.050 of the Code authorizes the Town to finance utility line projects through the creation of local improvement districts; and WHEREAS, pursuant to Section 12.08.160.E of the Code the Town Engineer has filed with the Town Clerk a preliminary assessment plat and a preliminary assessment role and Public Service Company of Colorado and Heritage Cablevision have each filed with the Town Clerk preliminary plans and preliminary estimates of cost concerning the extension of natural gas service facilities and cable television service facilities, respectively (the "Utility Line Project"); and -2- 0 0 WHEREAS, the Town Council of the Town has examined such preliminary plans, estimate of costs, assessment plat and map, and preliminary assessment roll, and other instruments, and has found, and does hereby declare, the same to be satisfactory in all respects; and WHEREAS, the Council has determined, and does hereby also declare, that the notice for a hearing which is provided herein is reasonably calculated to inform each interested person of the proceedings concerning the District which may directly and adversely affect his or her legally protected rights and interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. All action (not inconsistent with the provisions of this resolution) heretofore taken by the officers of the Town directed toward the Utility Line Project, herein described, and the creation of the District, is hereby ratified, approved, and confirmed. Section 2- It is hereby declared that the Utility Line Project herein described will serve a public use and will promote the health, safety, and general welfare of the citizens,, inhabitants and property owners in said proposed District to be formed therefor,_ and in said Town. Section 3. The preliminary plans and specifications, the estimate of the total cost, the assessment plat and map, and the preliminary assessment roll, of the District, as heretofore filed with the Clerk and presented to the Council on this June 12, 1990, are hereby accepted, approved, and adopted. Section 4. The extent of the District to be assessed, the kind of improvements proposed, the number of installments and the time in which the cost of the improvements will be payable, the total estimated cost, the estimated proportion of the total estimated cost of the improvements to be assessed against the property specially benefited thereby and the estimated proportion to be paid by Town funds other than special assessments,- and the method of levying assessments, shall be as provided in the form of notice hereinafter prescribed and in said preliminary plans and specifications, said estimate.of total cost, said assessment plat and map, and in the assessment roll. Section 5. The Utility Line Project is hereby provisionally ordered to be made when the same has been authorized by ordinance. The Council hereby determines it to be in the best interest of the Town to contract with Public Service Company of Colorado for the construction of the natural gas service facilities and with Heritage Cablevision for the -3- 0 • construction of the cable television service facilities. Pursuant to Section 12.08.160 of the Code the Town hereby waives any provision of the Code which requires independent contracts to be let by competitive bid or any other provision thereof in conflict herewith, including, without limitation, Subsections A through G of Section 12.08.070, Section 12.08.120, Section 12.08.140 and Section 12.08.150. The Town Manager is hereby directed to negotiate and enter into contracts with Public Service Company of Colorado and Heritage Cablevision, respectively for the construction of the Utility Line Project. Such contracts shall be entered into prior to the final adoption of the Ordinance creating the District. The Town Manager is hereby directed and authorized to execute such contracts as are in the best interests of the Town. Section 6. Tuesday, June 26, 1990 at the hour of 7:30 p.m., at the Council Chambers in the Avon Town Hall, Avon, Colorado, is hereby fixed as the time and place for a hearing (to be held at least 10 days after the adoption of this resolution) at which the owners of the tracts to be assessed or any other person interested herein may appear before the Council and be heard as to the propriety and advisability of acquiring the Utility Line Project. Section 7. After the adoption of this resolution, the Clerk shall by published advertisement once not less than 8 days prior to the hearing, in the Vail Trail, a newspaper of general circulation in the Town of Avon and by mailing notice, postage prepaid, as first- class mail, at least 10 days prior to such 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 Utility Line Project proposed, such addresses and names of owners being obtained from the real property assessment rolls for general (ad valorem) taxes of the county wherein such property is located, or from such other source or sources as the Town Engineer or Clerk or Deputy giving such notice deems reliable, give notice to the owners of tracts within the District and to all persons interested generally, as required by Section 12.08.070 of the Code. The notice shall be in substantially the following form: -4- NOTICE OF A PROPOSAL TO CREATE A LOCAL IMPROVEMENT DISTRICT DESIGNATED "TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1990-1," TO CONSTRUCT CERTAIN UTILITY LINES THEREIN, AND TO LEVY SPECIAL ASSESSMENTS THEREFOR, AND OF A HEARING THEREON. NOTICE IS HEREBY GIVEN to the owners of property within the proposed Town of Avon, Colorado, Local Improvement District No. 1990-1 (herein the "Town," the "State," and the "District"), and to all interested persons that: The Town Council of the Town of Avon, pursuant to its- Charter, Chapter 12.08 of the Avon Municipal Code (the "Code"), as amended, and a resolution adopted. June 12, 1990, has provisionally ordered natural gas service facilities and cable television service facilities (the "Project") to be constructed or installed in the District: If after the Council has considered the ordering of the Project and has heard all complaints and objections thereto, the Council shall decide to proceed with the Project, the Council shall authorize them by ordinance. The Council has fixed Tuesday, June 26, 1990, at 7:30 p.m., at the 'Town Council Chambers at the Town Hall, Avon, Colorado, as the time and place upon which a hearing shall be had, at which the owners of the tracts to be assessed or any other person interested therein may appear before the Council and be heard as to the propriety and advisability of acquiring the Project. Written complaints, protests or objections concerning the District or the proposed Project may be filed with the Town Clerk prior to the hearing or may be made verbally at the hearing concerning the same by the owner of any. tract to' be assessed or by any person interested. Pursuant to Section 12.08.080 of the Code, the Town Council has determined to combine the Projects in one. improvement district but to treat portions of the Project as separate assessment units due to differences in character and location or otherwise. Assessment Unit No. 1 shall be for the purpose of providing natural gas service facilities to portions of Block 1, Benchmark at Beaver Creek subdivision. The lots to be included within Assessment Unit No. 1 and assessed for costs of providing the natural gas service facilities include Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 37 within Block 1 of the Benchmark at Beaver. Creek Subdivision. The improvements to be constructed within Assessment Unit No. 1 are natural gas service facilities to be owned, operated and maintained by Public Service Company of Colorado ('PSC" The proposed improvements would generally consist of approximately 2,030 linear feet of natural gas transmission and -5- 9 distribution lines along with related improvements. These lines would connect to the existing PSC facilities which currently terminate in Metcalf Road approximately 550 feet north of the intersection with Nottingham Road. The lines will extend northerly along Metcalf Road to Wildridge Road. The improvements to be constructed do not include service lines, meters, or other facilities necessary to provide connections between the natural gas service facilities and structures located on tracts within Assessment Unit No. 1. The total estimated costs for providing natural gas service within Assessment Unit No. 1, including all costs described in Section 12.08.040.6 of the Code is $49,252. All of this amount shall be assessed against the property especially benefitted by the construction of such improvements. The -Town Council has determined that the assessments within Assessment Unit No. 1 shall be levied against all the tracts described above, being the property specially benefitted by the improvements, and such assessment shall be apportioned on the basis of the area of each tract in proportion to the total area within Assessment Unit No. 1. This method of assessment will result in each tract being assessed in proportion of the special benefits derived by each tract and in an amount not greater than the estimated benefit to such tract. The Town Council has determined that the method of assessment hereinabove designed is an equitable basis and that such assessment shall be in proportion to the special benefits derived by such property, sufficient. to cover the portion of the total costs of the improvements to be defrayed by special assessments. The estimated assessment per acre based upon such estimated cost is $3,812. Assessment Unit 2 shall be for the purpose of providing natural gas service facilities to a portion of Wildridge Subdivision. The lots to be included within Assessment Unit 2 include: Buffalo Head Townhomes Units 1, 2, 3 and 4; High Point Condominium - Units 1, 2, 3, 4, 5 and 6; Mountain Shadows Condominiums Units 1, 2, 3, 4, 5 and, 6; Saddleridge at Avon Condominiums Blocks 1, 2, 3, 4 and 5; Skyview Condominiums Blocks 1, 2, 3, 4, 5 and 6; Suncrest Townhomes Blocks'-1 P 2, 2 P 2, 3 P 3, A 1, A 2 and A 3; Suncrest Townhomes Unit B and Phase II Resubdivision of Lot 7, Block 1, Wildridge Subdivision; and Block 1, Lots 10, 12A, 12B, 15, 17, 18, 19, 2, 20, 21, 22, 23, 24, 25, 26 Parcel 1, 26 Parcel 2, 27, 28, 29, 30, 31, 32, 33, 34, 35A, 35B, 36A, 36B, 37, 38, 39A, 39B, 4; 40, 41, 42, 43, 44A, 44B, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 6, 73, 74, 75, 78, 79, 80, 9 and Tract B within Wildridge Subdivision. The proposed natural gas service facilities would be owned, operated and maintained by PSC. The proposed improvements would generally consist of approximately 9,833 linear feet of natural gas transmission and distribution lines along with related improvements. These improvements would connect to natural gas service facilities being constructed within Assessment Unit No. 1 and Assessment Unit No. 3. The improvements will follow the public streets and roads within Assessment Unit No. 2 to provide service to all of the properties within, the Assessment Unit No. 2. The improvements to be constructed do not include service lines, meters or other facilities and structures located on tracts within Assessment Unit No. 2. The total estimated cost including all costs described in Section 12.08.040.6 of the Code within Assessment Unit No: 2 is -6- • 0 $238,588. All of this amount shall be assessed against the property especially benefitted by the construction of such improvements. The Town Council has determined that the assessments within Assessment Unit No. 2 shall be levied against all the tracts described above, being the property specially benefitted by the improvements, and such assessments shall be apportioned on the basis of development rights assigned to each tract pursuant to the Code within Assessment Unit No. 2 in proportion to the total development rights in Assessment Unit No. 2. This method of assessment will result in each tract being assessed in_ proportion to the special benefits derived by each,tract in an amount not greater than the estimated benefit to such tract. The Town Council has determined that the method of _ assessment hereinabove designated is an equitable basis and that such assessment shall be in ;proportion to the special benefits derived by such property, sufficient to cover the portion of'the total costs of the improvements to be defrayed by special assessments. The estimated assessment per development right is $1,332.89. Assessment Unit No. 3 shall be for the purpose of providing natural gas service facilities and cable television service facilities to a portion of Wildridge Subdivision and a portion of Block 1 Benchmark at Beaver Creek Subdivision. The lots to be included within Assessment Unit No. 3 include: Benchmark at Beaver Creek, Block 1, Lots 38, 40 and 41; Coyote Ridge Condominiums, Units 1 and 2; Goshawk Condominiums, Units 1, 10, 2, 3, 4, 5, 6, 7, 8 and 9; Wildridge Subdivision Block 1, Lots 1, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 11, 110, 111, 112, 113, 114, 115, 116, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 77, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, and 99; Wildridge Subdivision Block 2, Lots 1, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 2, 20, 21, 22; 23, 24, 25, 26, 27A, 27B, 28, 29, 3, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 4, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 5, 50, 51, 52, 53, 54, 55, 56P, 6, 7, 8, and 9; Wildridge Subdivision Block 3, Lots 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 2, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 3, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 4, 40, 41A, 41B, 42, 43, 44, 45, 46, 47, 48, 49, 5, 50, 51A, 51B, 52, 53, 54, 55, 56, 57, 58, 59, 6, 60, 61, 62, 63, 64, 65, 66, 67A, 67B, 68, 69, 7, 70, 71, 8, and 9; Wildridge Subdivision Block 4, Lots 1, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 2, 20, 21, 22, 23, 24, 25, 26, 27, 28, 3, 33, 34, 35, 36, 37A, 37B, 38, 39, 4, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 5, 50, 51A, 51B, 52, 53, 54, 55, 56, 57, 58, 59, 6, 60, 61, 62, 63, 64, 65, 66, 67, . 68, 69, 7, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 8, 80, 81, 82, 83, 84, 85, 186, 87, 88A, 88B, 89, 9 and 90; Wildridge Subdivision Block 5, Lots 1, 11, 2, 3, 4, 5, 6, 7, 8 and 9. The proposed natural gas service facilities would be owned, operated and maintained by PSC. The proposed improvements would generally consist of approximately 38,895 linear feet of natural gas transmission and distribution lines, along with related improvements. These improvements would connect to the natural gas service facilities being constructed in Assessment Unit No. 1 and Assessment No. 2. The natural gas service facilities will be constructed within the public streets in Assessment Unit No. 3 to provide service to all properties within Assessment Unit No. 3. Improvements do not include service lines, meters or other improvements necessary to provide service from the natural gas service - facilities to -7- 0 0 specific structures located on property within Assessment Unit No. 3. The total estimated, costs including all costs described in Section 12.08.040.6 of the Code for providing the natural gas service within Assessment Unit No. 3 is $943,688. The proposed cable television service facilities would be owned, operated and maintained by Heritage Cablevision. The improvements would generally consist of approximately 30,100 linear feet of trunk and distribution cable along with active and passive devices for the transmission and distribution of television signals. These facilities will connect to existing Heritage Cablevision facilities and will be installed in existing public utility easement and public street and road rights of way. Improvements do not include any improvements necessary to provide service to specific structures on property within ,Assessment Unit No. 3. The total estimated costs including all costs described in Section 12.08.040.6 of the Code for providing the cable television "service facilities' is $145,031. The total costs of the improvements in Assessment Unit No. 3 is $1,088,719. All of this amount shall be assessed against the property especially benefitted by the construction of such improvements. The Town Council has determined that the assessments within Assessment Unit No. 3 shall be levied against all of the tracts described above, being the property specially benefitted by the improvements, and such assessment shall be apportioned on the basis of transferable development rights assigned to each tract pursuant to the Code within Assessment Unit No. 3 in proportion to the total transferable development rights in Assessment Unit No. 3. This method of assessment will result in each tract being assessed in proportion to the special benefits derived by each tract and in an amount not greater than the estimated benefit to such tract. The Town Council has determined that the method of assessment hereinabove designated is an equitable basis and that such assessment shall be in proportion to the special benefits derived by such property, sufficient to cover the portion of the total costs of the improvements to be defrayed by the special assessments. The estimated assessment per development right is $1,537.74. The details of the Project are more particularly shown on the preliminary plans and specifications now on file in the office of the Town Clerk. Reference is made to the preliminary plans and specifications for specific construction details. None of the costs of the Project shall be paid by the Town and the total cost of the Project shall be defrayed by special assessments levied against property within the District. Any estimate of cost or assessments herein shall neither constitute a limitation upon such cost or assessments, respectively, nor a limitation upon the rights and powers of the Council or of any officers, agents, or employees of the Town. All assessments made in connection with said District shall be due and payable without demand within thirty (30) days. after final publication of the assessment ordinance. All such assessments may, at the election of the owner, be paid in installments with interest in -8- -1 1 yr vn I V, VWWA~l eVLI + V IV, OV rIL•&,*rift , OVOL1JILJVV_ QUO 0400 1 00 10 L i • case ~f such election to pay in installments, the assessment shall be payable in fifteen (15) substantially equal annual installments of principal, with interest in all cases on the unpaid principal payable semiannually at a rate to be hereafter determined by the Town Council. At the above-stated time fixed for the hearing any and all property owners interested in such Project may, by specific and written complaints, protests, or objections preset their views in respect to the proposed Project to the Council or they may present them prally and the Council may adjourn the hearing from time to time. After such hearing, if the Council shall determine that it is not for the public interest that the proposed Project, or a tart thereon be made, the Council shall make an order by resolution to that effect and theredipon the proceedings for the natural gas service facilities and cable television service facilities, or the part thereof determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution. as p;eser. t to the Council: 1. A revised and detailed estimate of the total cost, which revised estimate shall not constitute a limitation for any purpose. 2. Revised preliminary plans and specifications; and 3. A revised assessment plat and map showing the location of each improvement and the real property to be assessed and a revised assessment roll. All proceedings may be modified or rescinded wholly or in part by resolution adopt d by the Council at any time prior to the final passage of the ordinance authorizing them and park improvements. Any complaint, protest, or objection to the regularity, validity and correctness of the roceedings and Instruments taken, adopted, or made prior to the date of the hearing shall b deemed waived unless presented in writing on specific grounds at the time and in the manse herein specified. 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- o4 or enjoin the of the lance of the issue or collection of any bonds, or the levy or collection of any tents authorized by - the Code, or for any other relief against any act or proceedings Town done or had under the Code, shall be maintained against the Town, unless If after such hearing the Council has determined to proceed with said District, the Council by resolution shall direct the Engineer or the utilities to prepare and .9- 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. The preliminary plans and specifications, the assessment plat and map (including the preliminary assessment roll), the preliminary estimate of the total 'cost, the description of the tracts to be assessed, the amount of assessments estimated to be assessed on each such tract, and all proceedings in the premises are on file and can be seen and examined at said office of the Town Clerk during business hours, at any time, by any person so interested. By order of the Town Council of the Town of Avon, Colorado. Dated at Avon, Colorado this June 12, 1990. -10- • _ - • Section 8. The failure to mail out such notice shall not invalidate any proceedings hereunder and such notice by publication shall be verified by the' affidavit of the publisher and filed with the Town Clerk. Proof of publication and proof. of mailing shall -be maintained in the records of the Town until the assessments pertaining thereto shall have been paid in full, principal,. interest, any penalties, and collection costs. Section 9. 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 resolution. Section 10. All resolutions or parts thereof in conflict with this resolution are hereby repealed. This repealer shall not be construed to revive any order, bylaw, or resolution, or part thereof, heretofore repealed. Section 11. If any section, paragraph, clause, or other provision of this, resolution is for any reason held to be 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 resolution. Section 12. This resolution, immediately on its final passage and adoption, shall be recorded in the book, of resolutions kept for that purpose and authenticated by the signatures of the Mayor and Clerk. INTRODUCED, READ BY TITLE, PASSED, AND ADOPTED ON THIS June 12, 1990. ayor (SEAL) Attest: -11- Councilmember Garton then moved that the resolution be 'passed and adopted as read. Councilmember Davis seconded the motion. The question being upon the passing and adopting of the resolution, the roll was called -with the following result: Those Voting Yes: Allan R. Nottingham Gloria McRory Mike Bennett Jerry Davis David Garton Albert Buzz Reynolds, Jr. Jim Stovall Those Voting No: None Those Absent: None The presiding officer thereupon declared that at least all . of all the members of the Town Council present having voted in favor thereof, the motion was ' carried and the resoLution'duly passed and adopted. On motion duly adopted, it was ordered that the resolution be numbered 9 0, 17 and after its authentication with the signatures of the Mayor and Town Clerk be recorded according to law in the record of resolutions. Thereupon, the Town Council considered other business and took other action not concerning the Local Improvement District. There being no further business to come before the Town Council, on motion duly made, seconded and unanimously carried, the meeting was adjourned. Mayor Town of Avon, Colo o (SEAL) -12- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) I, Pat Doyle, Town Clerk of the Town of Avon (the "Town'), in the County of Eagle, and State of Colorado, do hereby certify: 1. A written or printed copy of Resolution N02 -17was furnished to each Councilmember on or before June 12, 1990, prior to the introduction of such resolution at the regular meeting of the Town Council (herein the "Council") held on Tuesday, June 12, 1990, notice of which meeting was duly given to each Councilmember. 2. The foregoing pages number 1 through 12, excerpts from the minutes of a meeting of the Council held on June 12, 1990, constitute a true, correct, complete, and compared copy of the proceedings of the Council so far as such minutes relate. to the introduction and adoption of both resolutions. The resolutions is a , true, correct, complete, and compared copy of ' the original proposed, introduced, and passed. at such meeting (subject to the numbering, execution, and other completion of the resolution after its passage and relating thereto). 3. The Mayor and 6 members of the Town Council ' were present at the meeting, the members of the Town Council voted on the passage of each of the resolutions, as in such minutes set forth, and the resolutions were recorded according to law in the record of Resolutions of the Town. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town this 12th day of June , 1990. (SEAL) -13-