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TC Ord. No. 1987-110 • JUN 1 1 1987 ORDINANCE NO. 87-11 AN ORDINANCE CONCERNING TOWN OF AVON, COLORADO, THE TOWN CENTER MALL IMPROVE- MENT DISTRICT; CONFIRMING A NEW ASSESS- MENT ROLL TO INCLUDE WITHIN SAID DISTRICT A CERTAIN TRACT OMITTED THEREFROM; ASSESSING THE COSTS.OF THE MALL AND PARK IMPROVEMENTS THEREIN AGAINST SAID OMITTED TRACT;- AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. 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 the Charter of the Town and O to the laws of the State, the Council of the Town (the "Council"), did adopt Ordinance No. 81-24 (the "Enabling Ordinance"), read, passed and approved the 28th day of July, 1981, relating to local improvements and the financing thereof (the "Local Improvements Code"); and WHEREAS, the Council, pursuant to the Charter and the Local'Improvements Code, (the "Code"), after taking all required action pursuant to the Charter and Code provisions and after holding a hearing pursuant thereto and pursuant to due mailed and published notice, determined to proceed with the proposed Town of Avon, Colorado, Town Center Mall Improvement District and directed Denton, Harper & Marshal Inc. of Denver, Colorado (herein the "Architects" or the "Engineers") to prepare and present to the Council a revised and detailed estimate of the total cost, full and detailed plans and specifications for the proposed mall and park improvements, and a map and assessment plat showing the location of the mall and park improvements, and the tracts and parcels of property to be assessed therefor; and WHEREAS, the Council of the Town pursuant to the Charter of the Town and to the Code, created and established • ~J by Ordinance No. 81-26 designated in Section 1 thereof by _ the short title "Mall District Creation Ordinance" (the "Creation Ordinance"), passed, adopted and signed on August 25, 1981, within the corporate limits of the Town a local improvement district known and designated as "Town of Avon, Colorado, Town Center Mall Improvement District" (the "District"), for the purpose of making certain local mall and park improvements (the "Improvements" or the "Project"), and to assess the cost thereof to the tracts and parcels of property specially benefited thereby; and WHEREAS, the mall and park Improvements-authorized by the Creation Ordinance have been acquired, completed, and accepted by the Town, and the whole cost thereof has been determined; and WHEREAS, the Council of the Town, pursuant to the O O A e Charter and to the Code, by Ordinance No. 85-37, designated in Section 1 thereof by the short title "Mall District Assessment Ordinance" (the "Assessment Ordinance"), passed, adopted and signed on November 8, 1983, assessed the costs of the mall and park Improvements therein, including all incidental expenses, against the lots, other tracts or parcels of land specially benefited thereby and included within the District; and WHEREAS, by order entered March 18, 1987, in case no. 86CV420, district court for Eagle,County, it was ad- judged that the following described real property was omitted from the assessment roll for the Town of Avon, Colorado, Town Center Mall Improvement District, heretofore created by Ordinance No. 81-26, finally adopted on August 25, 1981; Lot B and Lot C, AVON CENTER AT BEAVER CREEK, according to the plat recorded September 18, 1980 in Book 309 at Page 600. PARCEL 2 Condominium Units 1101/1102, 1103,1104, 1105/1106, 1107, 1108A, 1108B, 1109A, 1109B, 1110, 1111, 1113, 1114, 1115,_1116, 1201, 1202, 1203, 1204, 1205, 1206, 1207 and 1209, AVON CENTER AT - 2 - 0 • BEAVER CREEK-I, according to the Condominium Map recorded December 11, 1981, in Book 333 at Page 285 and First Amendment thereto recorded June 3, 1982 in Book 341 at Page 247 and as defined and described in the Condominium Declaration recorded December 7, 1981 in Book 333 at Page 3, County of Eagle and State of Colorado which property was described in the assessment ordinance as Lots A, B and C, Tract 2, Benchmark at Beaver Creek Subdivision; and WHEREAS, by Resolution No. 87-9, adopted March 24, G'7 O e 1987, the Council gave requisite legal notice that on April 28, yi987, at 7:30 P.M., the.Town Engineer would report to the Council the amount which should be borne by such tract so omitted and to make a new assessment roll in equitable manner with reference to the benefits received; and WHEREAS, the Council hereby confirms the new assessment roll and hereby overrules all complaints, pro- tests and objections, as in the opinion of the Council, the assessment is equitable and just; and.the Council hereby finds each and all of such complaints, protests and ob- jections to be without sufficient merit and the share of cost apportioned upon such tract or parcel of land in the assessment roll and included within the District is equita- ble and just and should be levied as confirmed; and WHEREAS, the Council also finds, and hereby declares, that no assessment is levied' against property not included within the District or not specially benefited by the Improvements and that no assessment exceeds the special benefits to the property assessed; and WHEREAS, due to the foregoing provisions and for other good and sufficient reasons, the Council has de- termined, and does hereby declare, that it is necessary and for the best interest of the Town and the inhabitants thereof that this ordinance be adopted. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 3 - Section 1. For the purpose of paying the costs eft G~ C C and expenses of the mall and park Improvements,-there hereby is levied and assessed against the lots, other tracts and parcels of land, specially benefited by the mall and park Improvements, and described in the new Assessment roll, for the District, the amounts and assessments shown in the roll as follows: Item No. Owner Lot No. • Amount of Final Assessment 1 Western Gulf Lots B $414,130.02 Savings and and C Loan Associa- AVON CENTER AT BEAVER tion CREEK according to plat - in Book 309 at Page 600; Units 1101/1102, 1103, 1104, 1105/1106, 1107, 1108A, 1108B, 1109A, 1109B, 1110, 1111, 1113, 1114, 1115, 1116, 1201, 1202, 1203, 1204, 1205,11206, 1207, and 1209, AVON CENTER AT BEAVER CREEK I, according to Condominium Map in Book 333 at Page 285 Section 2. The payment of the assessment made pursuant to this ordinance is secured by a lien in the amount assessed against the lots, tracts or parcels de- scribed, assessed from the effective date of this ordi- nance,prior and superior to all other liens, claims, mort- gages, other encumbrances and titles, and all purchasers, mortgagees or encumbrancers of such lots, tracts or parcels shall held the same subject to such lien so created, whether prior in time or not. Section 3. One-half (1/2) of the assessment shall be due and payable at the office of the Town Manager within 30 days after the date of publication of this ordinance after final passage, without interest or penalty and without demand. The remaining one-half (1/2) of the assessment shall be due pro rata at such time as the lots, tracts, or parcels assessed are conveyed by the present owner thereof, Western Gulf-Savings and Loan Association,-also without interest or penalty and without demand. The pro rata amount - 4 - shall be determined as follows: when lots B and C or any portion thereof are sold, one-half-of the remaining assessment shall-be due, and when any commercial unit is sold, a pro rata amount (calculated on a square-foot basis) of the other one-half of the remaining assessment shall be due. If the first installment is not paid when due,,the entire amount of the assessment shall- become due and payable in full and shall thereafter bear interest at the rate of 13.25% per annum until paid in full. Section 4. The assessment and interest thereon C9 C C shall be payable and collectable, shall constitute a lien upon the property assessed, and its collection shall be effected, all in the manner and at the time or times provided in the Creation Ordinance, in the ordinance authorizing the issuance of bonds for the District (the "Bond Ordinance") i.e., Ordinance No. 81-27, finally passed, adopted, and signed on September 22, 1981, and in the Assessment Ordinance, in this Ordinance and in the Local Improvements Code, provided, payment of assessments in installments is not authorized. Section 5: The officers of the Town hereby are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. Section-6. All orders, bylaws, resolutions, ordinances, or parts thereof, in conflict with this ordi- nance are hereby repealed. This repealer shall not be construed to revive any order, bylaw, resolution, or ordi- nance, or part thereof, heretofore repealed. Section 7. If any section, paragraph, clause or other provision of this ordinance is for any reason held to be invalid or unenforceable, the invalidity or unen- forceability of such section, paragraph, clause, or other provision shall not affect the validity of the remaining provisions of this ordinance. Section 8. Pursuant to Section 15.5 of the Charter, no'action or proceeding, at law or in equity,- to - 5 - • s 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 the Local Improvements Code, or for any other relief against any acts or proceedings of the Town done or had under the Local Improvements Code, shall be maintained against the Town, unless commenced within thirty (30) days after the performance of the act complained of, or the effective date of this ordinance or else be thereafter perpetually barred. Section 9. 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 G~ C C PUBLISHED this 28th day of April, 1987. /s/ Allan R. Nottingham Allan R. Nottingham, Mayor Town of Avon, Colorado ATTEST: /s/ Patricia J. Doyle Patricia J. Doyle, Town Clerk Town of Avon, Colorado 24- ADOPTED AND APPROVED this 26th day of May, 1987. Allan ottin am, Mayor Town of'Avon, Colorado 02052787 - 6 - STATE OF COLORADO COUNTY OF EAGLE CERTIFICATION SS 01 11 JM7 380082 BOOK..1~~++}}l~~`~~~ PAGF- +d..a "EACLE CTY RECORDER 2 0-3 fM #87 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. 87-11, Series of 1987 - of the Town of Avon, County C2 of Eagle and State of Colorado, and that said Ordinance O_ - 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 27th day of May 1987. • ` = ' pC y (SEAL) N~ 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 12TH DAY OF MAY, 1987 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 87-11, SERIES OF 1987: AN ORDINANCE CONCERNING TOWN OF MALL IMPROVEMENT DISTRICT; CONF TO INCLUDE WITHIN SAID DISTRICT ASSESSING THE COSTS OF THE MALL AGAINST SAID OMITTED TRACT; AND CONNECTION THEREWITH. AVON, COLORADO, THE TOWN CENTER IRMING A NEW ASSESSMENT ROLL A CERTAIN TRACT OMITTED THEREFROM; AND PARK IMPROVEMENTS THEREIN PROVIDING OTHER DETAILS IN 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. Ln V Following this hearing the Council may consider final passage of this Ordinance. This notice is given and published by order of the Town Council of the Town of Avon. Dated this 28th day of April, 1987. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON APRIL 29, 1987: THE AVON POST OFFICE IN THE MAIN LOBBY THE CITY MARKET IN THE MAIN LOBBY PESTER GAS STATION; AND THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY Return to: COSGRIFF, DUNN & ABPLANALP P. O.Box 2299, Vail, CO 81658