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TC Res. No. 1990-27RESOLUTION NO. 90-27 A RESOLUTION CONCERNING THE. LOCAL IMPROVEMENT DISTRICT KNOWN AND IT NTIFFIEDD AS THE .'TOWN OF AVON, ' COLORADO, LOCAL IMYROVEMENT DISTRICT NO. 1990-1," RATIFYING ACTION HERETOFORE TAKEN; FINDING SATISFACTORY THE REVISED AND DETAILED ESTIMATE OF COST, THE FULL AND DETAILED PLANS. AND SPECIFICATIONS, THE REVISED MAP AND ASSESSMENT PLAT AND THE REVISED ASSESSMENT ROLL, FIXING THE T M[E AND PLACE FOR A HEARING ON THE ASSESSMENT ROLL; AND PRESCRIBING THE NOTICE OF 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 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 Ordinance No. 90-6, adopted on July 10, 1990, the Council created and established the District for the purpose of making certain local improvements and to assess substantially all of the cost thereof against the property benefited thereby (the "Utility Line Project"). WHEREAS, pursuant to Resolution No. 90-26, adopted on 'July 24, 1990, the Council determined the costs of the Utility Line Project,to be paid from assessments and ordered the Town Engineer to_ prepare the revised assessment roll; and WHEREAS, the Town Engineer has caused the revised assessment roll to be filed with the Town Clerk this July, 24, 1990; and WHEREAS, the Council has examined such assessment roll 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 1 -1- 0 • 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, the creation of the District and the assessment of the costs of the Utility Line, Project against the property located within the District is hereby ratified, approved, and confirmed. Section 2. It is hereby declared that the Utility Line Project will serve a public use and will promote the health, safety, and general welfare of the citizens, inhabitants and property owners in said District to be formed therefor, and in said Town., Section 3. The revised assessment roll of the District, as heretofore filed with the Clerk and presented to the Council- on this July 24, 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 cost, the proportion of the, total cost of the improvements to be assessed against the property specially benefited thereby, and the 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 assessment roll. Section 5. Tuesday, August 14, 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 of the assessments to be levied on the property within the District for the purpose of acquiring the Utility Line Project. Section 6. 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, 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: -2- (Form of Notice) NOTICE OF A HEARING ON THE ASSESSMENT ROLL FOR THE LEVY OF SPECIAL ASSESSMENTS IN THE LOCAL IMPROVEMENT DISTRICT DESIGNATED "TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1990-1;' TO CONSTRUCT_ CERTAIN UMXI Y LINES THEREIN. NOTICE-IS HEREBY GIVEN to the owners of property within the 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, a resolution adopted June 12, 1990 and an ordinance adopted July 10, 1990, has provisionally ordered natural gas service. facilities and cable television service facilities (the "Project") to be constructed or installed in the District. Pursuant to a resolution adopted on July 24, 1990, the Council has approved the assessment roll. After the Council has considered, the assessment roll and has heard all complaints and objections thereto, the Council shall authorize the levying of the , assessments by ordinance. The Council has fixed Tuesday, August 14, 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 regularity, validity and correctness of the assessment proceedings. Written complaints, protests or objections concerning the District or the assessment roll 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. A description of the property within the District to be assessed, the improvements to be made, and the basis for assessment follows: 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, 49, 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 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, -3- 5cwi tlr.xerox leiecopier U21 '1-23-90 ; 4.11PM ; 3032972900-4 303 8499139;# 4 or ot~ier facilities necessary to provide connections between the natural gas service facilities and 4ructures 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 Secti~n 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 Council has determined that the assessments within Assessment Unit No. 1 shall be levied . ag ' t all the tracts described above, being the property specially, benefitted by the imp meats, and such assessment shall be apportioned on the basis of the area of each tract l 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 'own 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 defra~ d by special assessments. The estimated assessment per acre based upon such estimated 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 include: Block 1, Lots 15, 17, 18, 19, 2, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 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, 7~, 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 l Io. 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 $246,010.92. $73,124.94 of this amount shall be paid by the Town and $173,845.98 of this amou#tt 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 propc~ty specially benefitted by the improvements, and such assessments shall be apportioned on thlo 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 -4- Sr,M er:xerox lelecopier vutl Y-23=8U'c'4:i2PM 3032972900- 303 9499139;# 5 benefits derived by such property, sufficient to cover the portion of the total costs of the impr I ements to be defrayed by special assessments. The estimated assessment per develllbpment right is $1,379.73. 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 portien of Block 1 Benchmark at Beaver Creek Subdivision. The lots to be included within Asses meat Unit No. 3 include: Benchmark at Beaver Creek, Block 1, Lots 38, 40 and 41; Wild 'dge Subdivision Block 1, Lots 1, 1000 101, 102, 103, 104, 105, 106, 107, 108, 109, 11, 110, 11, 112, 113, 114, 115, 1160 57, 58, 59, 60, 61, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 77, 8 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, 140 15, 16, 17, 18, 19, 2, 209 210 22, 23, 24, 25, 26, 40, 41, 42, 430 44,45;46,47,48,49, 5, 50,151, 52, 53, 54, 55, 6, 7, and 9; Wildridge Subdivision Block 3, Lots 10, 11, 12, 13, 14, 15,1 17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,34,35,36,37, 39, 4,140, 42, 43, 44, 45, 46, 47, 48, 49, 5, 50, 52, 53, 55, 56, 57, 58, 6, 60, 61, 62, 63, 64, 65, 64, 68, 69, 7, 70, 71, 8, and 9; Wildridge Subdivision Block 4, Lots 1, 10, 11, 12, 13, 14, 16, 1j, 18, 19, 2, 20, 22, 23, 24, 25, 26, 27, 28, 3, 33, 34, 35, 34 38, 39, 4, 40, 41, 42, 43, 44, 45, 40, 47, 48, 49, 5, 50, 52, 53, 54, 55, 56, 57, 58, 59, 6, 60, 611 62, 639 64, 65, 66, 67, 69, 7, 70j, 71, 72, 73, 74, 75, 76, 77, 78, 79, 9,- 80, 81, 82, 83, 84, 85, 86, 87, 89, 9 And 90; Wildridge Subdivision Block 5, Lots 1, 11, 2, 3, 4, 5, 6, 7, 8 and 9. The proposed natural gas serv6 facilities would be owned, operated and maintained by PSC. The proposed improvvements would generally consist of approximately 38,895 linear feet of natural gas trans isslon 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 kscssment 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 previde service from the natural gas service facilities to specific structures located on i prope> y within Assessment Unit No. 3. The proposed cable television service facilities would be ovlr+rri --ed, operated and maintained by Heritage Cablevision. The -improvements would generally consist of approximately 30,100 linear feet of trunk and distribution cable along with aetivel 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 includ~ any improvements necessary to provide service to specific structures on property within Assessment Unit No. 3. j The total costs of the improvements in Assessment Unit No. 3 including all costs described in Section 12.08040.6 of the Code is $1,127,042.51. $66,857.09 of this amou>tiat 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 Coun~il has determined that the assessments within Assessment Unit No. 3 shall be levied -5. 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 assessments are more particularly shown on the assessment roll filed on July 24, 1990 and now on file in the office of the. Town Clerk. Reference is made to the assessment roll, the plans and specifications and the map and assessment plat for specific details. A portion of the costs of the Project shall -be paid by the Town and the remainder of the costs shall be defrayed by special assessments levied against property within the District which is specially benefitted by the improvements. 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 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 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 the assessment process may, by specific and written complaints, protests, or objections present their views in respect to the validity, -regularity and correctness of the . assessment process to the Council or they may present them orally and the Council may adjourn the hearing from time to time. The Council shall have the power, by resolution, to revise, correct; confirm or set aside any assessment and to order such assessment to be made de novo. Any complaint, protest, or objection to the regularity; validity and correctness of the proceedings and instruments taken, adopted, or made prior to.the date of the hearing shall be deemed waived unless presented in writing on specific grounds at the time and in the manner herein specified. Pursuant to Section 15.5 of the Charter, and 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 of, or enjoin the performance of the issue, or collection of any bonds,, or the levy or collection of any assessments authorized by the Code, or for any other relief against any act or proceedings of the Town done or had under the Code, shall be maintained against the Town, 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 -6- perpetually barred. The revised plans and specifications, the revised assessment plat and map the revised estimate of the total cost, and the assessment roll, including 'the description of the tracts to be assessed, the amount of assessments 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 July 24, 1990. (End, of Form of Notice) -7- Section 7. The failure to mail 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 8. 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 9. 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 10. 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 11. 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 July 24, 1990. Mayor (SEAT-) Attest: -8-.