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TC Ord. No. 1990-06• • ORDINANCE NO. 90-6 AN ORDINANCE CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS THE "TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1990-1," CREATING SAID DISTRICT; RATIFYING ACTION HERETOFORE TAKEN; FINDING SATISFACTORY THE ESTIMATE OF COST, FULL AND DETAILED PLANS AND SPECIFICATIONS, AND THE MAP AND ASSESSMENT PLAT, ALL HERETOFORE PRESENTED IN CONNECTION WITH THE DISTRICT; PRESCRIBING THE EXTENT OF THE DISTRICT, THE KIND AND LOCATION OF THE UTILITY LINE IMPROVEMENTS PROPOSED, THE AMOUNT OR PROPORTION OF THE TOTAL COST TO BE DEFRAYED BY ASSESSMENTS, THE METHOD OF LEVYING ASSESSMENTS, AND THE NUMBER OF INSTALLMENTS AND THE TIMES IN WHICH THE COSTS ASSESSED WILL BE PAYABLE; ORDERING SUCH IMPROVEMENTS TO BE MADE BY INDEPENDENT CONTRACT; 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 4 441559 B-545 P--415 01/09/91 14:00 PG 2 OF 8 • 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 improvements, by written protest, or otherwise, to present their views; and WHEREAS, the Council has duly considered each and every petition, protest, and objection, written or verbal, concerning the proposed District and all matters relating thereto, made by any owner of real estate therein or any other interested person; and WHEREAS, based upon such petitions, protests, and objections the initial Council has determined, and does hereby determine to exclude from Assessment Unit No. 2 and Assessment Unit No. 3 (hereinafter defined) each lot or parcel on which a building exists as of the date hereof and for the Town to pay the costs of construction of the Project (as hereinafter defined) attributable to such excluded properties; and WHEREAS, the Council has determined, and does hereby determine that (except as set forth above) each such protest or objection is without merit, and has declared, and does hereby declare, the same to be overruled and hereby disposed of and finally passed on by the Council; and WHEREAS, the Council has determined and does hereby determine to proceed with the proposed District. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. There be, and hereby is, created and established within the corporate limits of the Town of Avon in the County of Eagle and State of Colorado, a local improvement district to be known and designated as the "Town of Avon, Colorado, Local Improvement District No. 1990-1," for the purpose of making certain local improvements and to assess substantially all of the cost thereof to the property benefited thereby. Section 2. All action (not inconsistent with the provisions of this ordinance) heretofore taken by the Town and the officers thereof, directed toward the creation of the District, the acquisition of natural gas service facilities and cable television service facilities in the District (the "Project"), the determination of the specially benefited property therein, the sale and issuance of its local improvement bonds, and the levy of assessments for that purpose, be, and the same hereby is, ratified, approved, and confirmed. Q7 441 559 B-545 P-415 01 /09/91 14 c 20 F'B 3 OF 8 6. 14 u •nti VA i e i e~Uuler I U 4 1`11-9U 9: bbAM ; 30329'12900-+ 303 9499139;# 2 Section 3. The detailed estimate of cost, the full and detailed plans and speei~Ications, and the map, assessment plat and preliminary assessment roll as presented to the Council have been and hereby are, found to be satisfactory and hereby are approved. Section 4. The Council hereby prescribes that the extent of the District, the location, kind and nature of the utility line improvements to be made and the area and parts therelof, in and along which the improvements hereinafter described shall be made are as follows: Pursuant to Section 12.08.080 of the Code, the Council has determined to combine the Project in one improvement district but to treat portions of the Project as separate assessment units due to differences in character and I 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 servici ~ facilities include Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 37 within Block 1 of the B ~nchmark at Beaver Creek Subdivision. The improvements to be constructed within Asses ment Unit No. 1 are natural gas service facilities to be owned, operated and maintained by Public Service Company of Colorado ("PSC" The proposed improvements wouldll generally consist of approximately 2,030 linear feet of natural gas transmission and distriblution lines along with related improvements. These lines would connect to the existing PSC facilities which currently terminate in Metcalf Road a o pp lamately 550 feet north of the p intersection with Nottingham .Road. The lines will extend northerly along Metcalf Road to v,4 Wildri~ge 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 Section 12.08.040.6 of the Code is $50,986.57, All of this amount shall be assessed against the property especially benefitted by the construction of such improvements. The Town CoundI 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 ih proportion to the total area within Assessment Unit No, 1, This method of assessrr~ent w[ll 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. ~ouncil 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 I 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 estimat d cost is $3,946.33, 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 'nclude: Block 1, hots 15, 17, 18, 19, 2, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32 3 441559 B-545 P-415 01/09/91 14:20 PG 4 OF 8 0 33, 34, 37, 38, 4, 40, 41, 42, 43, 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 $246,970.73. $68,986.50 of this amount shall be paid by the Town and $205,579.77 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 $1,379.33. 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; 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, 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, 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, 6, 7, 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, 39, 4, 40, 42, 43, 44, 45, 46, 47, 48, 49, 5, 50, 52, 53, 55, 56, 57, 58, 6, 60, 61, 62, 63, 64, 65, 66, 68, 69, 7, 70, 71, 8, and 9; Wildridge Subdivision Block 4, Lots 1, 10, 11, 12, 13, 14, 16, 17, 18, 19, 2, 20, 22, 23, 24, 25, 26, 27, 28, 3, 33, 34, 35, 36, 38, 39, 4, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 5, 50, 52, 53, 54, 55, 56, 57, 58, 59, 6, 60, 61, 62, 63, 64, 65, 66, 67, 69, 7, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 8, 80, 81, 82, 83, 84, 85, 86, 87, 89, 9 and 90; 4 441559 B-545 PI-415 01/09/91 14 e 20 PG 5 OF 8 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 specific structures located on property within Assessment Unit No. 3. 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 costs of the improvements in Assessment Unit No. 3 including all costs described in Section 12.08.040.6 of the Code is $1,127,042.51. $66,858.54 of this amount shall be paid by the Town and $1,060,185.42 of this amount shall be assessed against the property especially benefitted by the construction of such improvements. The Town N Council has determined that the assessments within Assessment Unit No. 3 shall be levied c~ 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 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 $1,591.87. 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. 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. Section 5. The amount to be assessed shall be apportioned in an assessment roll against each tract or parcel of land to be assessed, hereinabove described, and after a 5 441559 B-545 R-415 01/09/91 14020 PG 6 OF 8 notice thereof and a hearing thereupon, assessments shall be levied by ordinance, which shall be a lien until paid in the several amounts assessed against each tract or parcel of land. All assessments made in pursuance of said assessment ordinance shall be due and payable without demand within thirty (30) days after the final publication of the assessment ordinance. All such assessments may, at the election of the owner, be paid in installments with interest. In case of 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 annually or semiannually as hereafter determined by the Council at a rate to be hereafter determined by the Council; provided that if the Council elects to have the assessments collected by the County Treasurer the payment dates may be changed to conform to the County's collection procedures. Section 6. All the improvements in the District shall be made by contract to be entered into by the Town Manager with PSC and Heritage Cablevision. Section 7. 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, the improvements, the levy of assessments in connection therewith, or the issuance of special assessment bonds, and which are in conflict with the provisions of this ordinance, are hereby superseded. Section 8. Pursuant to Section 15.5 of the Town Charter, no action or M, 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 Town 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 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 Ordinance. Section 10. 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 11. 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 12. This Ordinance shall be in full force and effect seven (7) days after its publication by posting upon its final passage. 441559 B-545 P-415 01/09/91 14:20 FAG 7 OF 8 6 0 9 INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 26TH DAY OF JUNE, 1990. Mayor,- (SEAL) Attest: Town lerk ADOPTED AND APPROVED THIS 10TH DAY OF JULY, 1990. (SEAL) Attest:._ . 441559 B-545 P-415 01109/91 14;20 Mayor PG 8 OF e 7 ,y r~ t. , t~ -4 , ~ ~ L] STATE OF COLORADO COUNTY OF EAGLE TOWN OF AVON ) SS r: 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 10TH DAY OF JULY, 1990, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 90-6, SERIES OF 1990: AN ORDINANCE CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS THE "TOV7N OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1990-1", CREATING SAID DISTRICT; RATIFYING ACTION HERETOFORE TAKFN;FINDING SATISFACTORY THE ESTIMATE OF COST,FULL AND DETAILED PLANS AND SPECIFICATIONS, AND THE MAP AND ASSESSMENT PLAT, ALL HERETOFORE PRESENTED IN CONNECTION WITH THE DISTRICT, PRESCRIBING THE EXTENT nF THE DISTRICT, THE KIND AND LOCATION OF THE UTILITY LINE_I1IPROVEMENTS PROPOSED, THE AMOUNT OR PROPORTION OF THE TOTAL COST TO BE DEFRAYED BY ASSESSMENTS, THE METHOD OF LEVYING ASSESSMENTS, AND THE NUMBER OF INSTALLMENTS AND THE TIM$S IN WHICH THE COSTS ASSESSED WILL BE PAYABLE; ORDERING SUCH IMPROVEMENTS TO BE MADE BY INDEPENDENT CONTRACT; 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 inpsected during regular business hours. 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, Colorado. Dated this 26th day of June, 1990. TOWN,,~ IF ON , BY POSTED AT THE FOLLOWING PUBLIC PLACES W OF AVON ON JUNE 27, 1990: tricia J.PoyFe, Tq~an' Cler T=I---THE TOWN 7 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 N Z~v I~ f `tl'\ V y 0