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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 • • 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 -2- 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 -3- 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 -4- • • 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 -5- • • 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. -6- 9 E 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 -7- ! • 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