HomeMy WebLinkAbout1976- 9 Relating to Local Improvement Districts; Providing for the Establishment and the Administration Thereof' ~ ~. ~'
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ORDINANCE NO. 9
Series of 1976
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AN ORDINANCE RELATING TO LOCAL IMPROVEMENT
DISTRICTS; PROVIDING FOR THE ESTABLISHMENT
AND THE ADMINISTRATION THEREOF; SETTING
FORTH PROCEDURES FOR PUBLIC HEARINGS,
REMONSTRANCES, OBJECTIONS, AND CONSTRUCTION
OF IMPROVEMENTS; PROVIDING FOR THE ISSUANCE
OF BONDS; PROVIDING FOR THE ASSESSMENT OF
THE COST OF THE IMPROVEMENTS AGAINST THOSE
PROPERTIES SPECIALLY BENEFITED; PROVIDING
THE MANNER FOR MAKING SAID ASSESSMENTS IN
PAYMENT THEREOF; SETTING FORTH LIMITATIONS
ON ACTION; AND SETTING FORTH MATTERS AND
DETAILS TN RELATION THERETO
WHEREAS, the Charter far the Town of Vail in Section
10.8 grants to the Town the power to create local improvement
districts and to assess the cost of improvements thereof
against benef iced property in said districts;
WHEREAS, the Town Council believes that i-~ would be
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in the best interest of the Town, the property owners within
the local improvement districts and the people of the Town to
adopt procedures for establishing said districts, and author-
izing and directing said improvements and the assessment of
the cast therefor; and
WHEREAS, it is the opinion of the Town Council that
the same would be in the best interest of the public health,
safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO, THAT:
Article 1. IN GENERAL
Section 1-l. Intent.
The provisions of this ordinance and the Charter are
intended to be the sole laws within the Town relating to special
and 1oca1 improvement projects under which improvements are to
be constructed or installed by the Town, and special assessments
are to be imposed against real properties to pay for all or a
portion of the costs therefor. Special and local improvement
projects of every character for which special assessments may
be imposed and accomplished under the provisions of this '
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Ord. 9 1976 Page 2
ordinance and the Charter include by way of illustration, but
not limitation, the construction or installation of the fol-
lowing: storm sewers and improvements for drainage and flood
control; street lighting; curb; gutter; sidewalk; bridges;
grading; graveling; paving or otherwise surfacing or improving;
and landscaping streets, roadways and alleys. The construction
or installation of more than one improvement may be accomplished
as one project under the provisions of this Chapter.
Section 1-2. Definitions.
(a) "Affected property owner" means ones} whose
real property is proposed to be or is assessed under~a local
improvement project.
(b} "Affected property" means real property which
is proposed to be or is assessed under a local improvement
project .
(c} "'Costs of the project" means all costs incurred
y in accomplishing the construction or installation of improve--
ments including the acquisition of right^of~-way along with
associated administrative and overhead charges and expenses.
(d) "Town Manager" means the chief executive and
administrative officer of the Town and/or his duly authorized
agents.
Section 1-3. Initiation of project.
(a) Locai improvement projects may be initiated by
order of the Town Council, subject to protest by the owners
of a majority of ali affected property. Implementation of pro-
jects generally rests with the Town Manager and his agents.
The Town Council shall initiate a local improvement project
by resolution directing the Town Manager and his authorized
agents to proceed and stating the Town Council's intention
that the project be initiated.
(b} If a petition is received from more than fifty
percent of the owners of property in the area of a proposed
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Ord. ~ , 1976 Page 3
local improvement district, the Town Council shall initiate
by resolution said project as specified in the petition,
(c) The Town Manager may hold such administrative
hearings relating to a proposed improvement project as he
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deems appropriate. Such hearings may be used to inform
affected property owners about the contemplated project, the
assessments proposed, and obtain their reactions thereto. He
shall use whatever procedures he determines to be appropriate
to inform affected property owners of the administrative
hearing (s}.
Section 1-4. Notice requirements; lodging written
protest; making of objections and remonstrances.
if the Town Council determines to pursue a local
improvement project, or if a fifty percent petition has been
filed, and the Town Manager has been directed to proceed with
implementation, the Town Manager will be responsible for the
following:
{a} Having notices published in a newspaper of
general circulation in the Town. One notice shall be published
not more than twenty-four, nor Less than ten days prior to the
date of the hearing before the Town Council. The notice shall
include the following:
(1) The date, time and place of-the hearing.
(2) The general nature of the improvements
proposed along with the estimated costs thereof.
(3) The amount of the estimated costs to be
paid by the Town and the total amount proposed to
be assessed.
(4) The general area which is to be assessed
and the manner or method proposed in the levying
of such assessments.
(5) The assessments which are proposed to
be levied against affected properties and circum-
stances which might occur which could result in
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Ord. 9, 1976 Page 4
the final assessment being in an amount greater
than that proposed.
(6) A statement as to when assessments would
be levied and when they would be due and payable.
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If it is proposed that the assessments can be paid
in installments, the installment schedule and the
maximum interest rate.
{7) The place and times where the plans for
the project will be available for review. In
addition, there will be given the name of a person
and a telephone extension at the Town where that
person can be contacted to answer inquiries about
the project.
(8) That protests, objections and remonstrances
against the contemplated improvements must be made
as follows:
a. A "protest" is the exercise by an affected
~- property owner of his right under Charter Section
10.8. Tt must be in writing, it must be clearly
denominated as a protest, it must include a descrip-
tion of the affected property, and it must be signed
by the property owner(s) or someone authorized on
his (their) behalf. A protest will be received and
honored by the Town Council if it meets these pro-
visions and only if it is lodged with the Town
Manager's office, Municipal Building, Vail, Colorado,
no less than one day before the date of the hearing
before the Council.
b. An "objection" or "remonstrance" is a
complaint or criticism based upon legal or factual
grounds, or both, which concern the project or any
aspect thereof. Objections and remonstrances may
be made either in writing or orally at the hearing
before the Town Council.
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Ord. 9 1975 Page 5
{9} The place and times where the written
material, including the draft ordinance proposed
to be adopted, furnished to the Town Council by
the Town Manager prior to the hearing may be
z inspected and reviewed.
(10} That members of the general public and
affected property owners wi11 have an opportunity
to present their views, objections and remonstrances
about the project, or any part of it, at the
hearing.
(b) A copy of the notice described in {a) above
shall be mailed, postage prepaid, as first class mail, not
more than twenty-three, nor less than fourteen, days prior to
the date of the hearing before the Town Council to the owners
of the affected properties. Included with said notice shall
be a form entitled protest, that the owner(s) may complete and
return to the Manager to exercise his {their) protest of the
~' proposed project. Steps will be taken to ascertain the current
owners and their addresses and attempts made to furnish them
with actual notice via mail. However, notice sha11 be suffi-
cient where it has been mailed, postage prepaid, as first class
mail, within the time hereinabove set forth, to the last known
address of the last known owner of the affected properties per
the real property assessment rolls for general (ad valorem)
taxes of Eagle County as of a date five days before the date
of such mailing.
Section 1-5. Hearing before Town Council; ruling
on protests.
(a) Prior to the hearing, the Town Manager may inform
the Town Council by written memoranda about the project. At or
before the hearing, he will inform the Town Council concerning
his compliance with Section 1--4 above. Any information in
writing furnished to the Town Council prior to the hearing will
be available as set forth in Section 1-4{a)(9).
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Ord. 9, 1976 Page 6
At the hearing, the Town Manager may make an oral
presentation to the Town Council about the project. All
affected property owners and members of the general public
will be given an opportunity to present their views, objections
and/or remonstrances, The Town Manager will then be given an
opportunity to make further c~~~u<<ents .
{b) The hearing may be continued from time to time.
If continued, further or additional notices will not be required.
{c) Protests lodged in accordance with Section Z-4
will be submitted by the Town Manager. The Town Council will
rule upon their validity and sufficiency. Tf the Council
determines that the valid protests exceed fifty percent of the
affected property owners, the Council shall find that the pro-
ject will not be completed, except as the same may be built
with funds of the Town. The specific ruling on the protests
as submitted shall be included in the ordinance under Section
1-6 if the Council authorizes the construction of the improve-
~ ments.
Section 1--6. Ordering of improvements.
(a} 1f the Town Council at the hearing, or at any
later time or times to which the hearing might be continued,
determines to proceed with the project, an ordinance shall be
adapted, Such ordinance sha11 be based on the items considered
and shall include:
(1) An Order that the district within which
the local improvements shall be made is formed
and said Order shall include a description of the
district's boundaries;
(2) A finding relating to notice and public
hearing requirements of this ordinance;
(3) A finding or ruling on the protests, if
any had been lodged;
(4) A finding that the local improvement
project is in the public interest and that special
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Ord. 9, 1976 Page 7
benefits are anticipated to result to the
affected properties;
(5) An approval of the plans for the project;
(6) An order directing construction of the
~}. improvements;
(7} An approval of the proposed assessments
schedule and the manner or method of levying the
assessments in accordance with Section 1-12 of
this ordinance; and
(8) An approval of the installment schedule
for the payments of assessments when levied and
the maximum interest rate, if applicable.
The ordinance may expressly rule upon objections and
remonstrances. If no express ruling is made, adopting of such
ordinance will have the effect of overruling all objections
and remonstrances.
_~ By defeat of a proposed ordinance, the Town Council
will determine that the improvement project is not in the public
interest, but such shall not limit proceedings for the same or
similar improvements from being considered again at any time
in the future.
(b) The ordinance ordering the improvements shall
include a statement that the assessments which can be levied
against the affected properties will be limited to the amount
shown on the schedule approved in the ordinance adopted under
Section 1-6(a), except under the following circumstances:
(1) Actual construction. costs exceed estimated
construction costs (but only to the maximum of an
additional fifteen percent); and/or,
(2) Land acquisition costs exceed the esti-
C.
mated costs; and/or,
{3) Separate and additional elements of cast
are incurred in construction or for other items
which are of a nature generally not foreseen and
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Ord. 9 197b
included in the construction costs at the
time of estimate. Such is to be based upon
Page 8
experience and similar projects in the past.
The Council may by ordinance further limit the
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increase in assessments over the estimates as it deems appro-
priate. Further, the notice required in Section l-4 must con-
taro the provisos of subdivisions (b) (l} , (~) and (3) above
in order for the assessments to be higher than the amount shown
on the schedule.
Section 1-7. Construction of improvements.
The Tawn Manager will be responsible to carry forward
the order contained in the Council's ordinance. Town forces
may be used to construct the improvements. Tf not, the Town
Manager sha11 let a contract or contracts within a reasonable
time under all the circumstances. {The Manager may let the
contract far said improvements by bid or by negotiation as
directed by the Council.) Tf the bids exceed the estimated
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~ amount, the Manager has the authority to reject the same and
have the project put out again for bid when the conditions are
deemed more favorable.
The Town Manager has the authority to combine similar
improvements for different areas for contracting purposes to
affect economies.
Econ-
omies affected wi11 be equitably apportioned between the Town
and the affected properties by the Town Council at the time of
the imposition of assessments.
Section 1-8. Conclusiveness of ordinance; limitation
on actions.
After the expiration of thirty days from the date of
[~ the final action and approval by the Town Council of the ordinance
described in Section 1-6, all actions or suits attacking its
findings, determinations and contents, and of all proceedings
relating thereto, shall be perpetually barred and ,shall be
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Ord. 9 1976 Page 9
conclusive of the facts so stated in such ordinance in evexy
court or other tribunal. In order for one to have standing
to sue, he must have asserted his protests, objections and
remonstrances in accordance with the requirements of this
- ordinance. Review shall be limited to the same and the factual
and legal grounds asserted before the Town Council,
Section 1--9. Initiation of assessment proceedings.
{a) The Town Manager may hold such administrative
hearings relating to the imposition of assessments as he deems
appropriate to obtain reactions thereto from affected property
owners. He shall use whatever procedures he determines to be
appropriate to inform affected property owners of the adminis-
trative hearing(s).
(b) Upon ascertaining the costs of the project, and
after holding administrative hearings, if any, the Town Manager
shall bring the matter on the levying of assessments before the
Town Council. No such hearing will be held before the Council
~ until the improvements have been substantially completed.
Section 1-10. Issuing bonds.
{a) The Town Council shall have the power by ordi-
nance without an election to issue bonds for the purpose of
paying all or such portion of the cost of constructing or
installing any special or local improvement projects ordered
pursuant to the provisions of this ordinance, including the
costs incidental thereto. Such bonds may be of the total
principal amount, date, denomination, form, terms and bear such
interest as may be prescribed by the Tawn Council and shall be
payable in a sufficient period of years after their date to
cover the period of payment of the improvements to be provided.
If the Town Council so determines, such bonds may be redeemable
prior to maturity with or without the payment of a premium.
Such bonds may be issued upon estimates approved by the Town
Council and may be payable in whole or in part out of the monies
collected an account of the assessments made for the authorized
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Ord. 9 1976 Page 10
improvements. All monies collected from such assessments for
such improvements shall be applied to the payment of the bands
so issued, until payment in full is made of all such bands,
both as to principal. and interest.
°~- (b) All such bands may be refunded as authorized in
Section 10.7 of the Town of Vail Charter.
(c} Where all outstanding bonds of a special or local
improvement district have been paid and any monies remain to the
credit of the district, they shall be transferred to a special
surplus and deficiency fund and whenever there is a deficiency
in any special or local improvement district fund to meet the
payments of outstanding bonds and interest due thereon, the
deficiency shall be paid out of said surplus and deficiency
fund. Whenever a special or local improvement district has
paid and cancelled three-fourths of its bonds issued, and for
any reason the remaining assessments are not paid in time to
take up the remaining bonds of the district and the interest
5
3` due thereon and there are not sufficient monies in the special
surplus and deficiency fund, then the Town shall pay said bands
when due and the interest due thereon, and reimburse itself by
collecting the unpaid assessments due said district..
(d) Tn consideration of general benefits conf erred
upon the Town at large from the construction and installation
of improvements in improvement districts, the Town Council may
levy annual taxes without an election on all taxable property
within the Town at a rate to be determined by the Town Council,
for the purpose of advancing monies to maintain current payments
of interest and equal annual payments to the principal amount
of bands issued for any improvement district created pursuant
to the provisions hereof. The proceeds of such taxes shall. be
placed in a special fund and shall be disbursed only far the pur-
poses specified herein, provided that in lieu of such tax levies,
the Tawn Council may annually transfer to such special fund any
available monies of the Town.
Ord. 9 1976 Page 11
(e) After the expiration of 30 days from the date
of the final action and approval by the Town Council of the
ordinance providing far the issuance of such bonds, all actions
or suits attacking its findings, determinations, and contents
~~ ar questioning the legality of the bonds authorized therein
and all proceedings relating thereto, shall be perpetually
barred and said ordinance and bands shall be conclusive of the
facts so stated in such ordinance and bonds and shall be con-
clusively deemed valid and legal in every court or other
tribunal and shall not be open to contest by tha Town or any
person whomsoever, for any reason whatever.
Section 1-11. Proceedings relating to assessments
before the Council; notice requirements; filing of
objections.
Prior to a hearing, the Town Manager sha11 be res-
ponsible for the following:
~ (a) Having a notice published in a newspaper of
general circulation in the Town. One notice shall be published
not more than twenty-four, nor less than ten days prior to the
date of the hearing before the Town Council. The notice shall
include the following:
(1} The date, time and place of the hearing;
(2) The general nature of the improvements
which have been constructed and the total project
cost;
(3) The amounts proposed to be assessed
against individual parcels of real property;
(4) That the provisions of Section 1-11(c)
of this ordinance, must be complied with in detail
by affected property owners before objections to the
levy of the assessment will be recognized;
(5) That affected property owners will have
an opportunity to be heard and present evidence
concerning their objections at the public hearing
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Ord. 9 1976 Page 12
if they comply with the condition precedent set
forth in subdivision (4) above. Failure to
comply with such condition precedent will be
deemed a waiver of any objections and a consent
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y to the levy of the proposed assessment;
{6} Where and when inquiries can be made
and questions answered;
(7} The place and times where the written
material, including the draft ordinance proposed
to be adopted, furnished to the Town Council by
the Town Manager prior to the hearing may be
inspected and reviewed;
(8) Affected property owners who do not wish
to contest their assessment but who wish to make
any c~~~u«ents favorable or unfavorable, relating
to the project will be given an opportunity to do
so:
`~ {b) A copy of the notice described in subsection (a}
above, along with a copy of Section 1-11(c), shall be mailed,
postage prepaid, as first class mail, not more than twenty-three,
nor less than eighteen, days prior to the date of the hearing
before the Town Council to the owners of the affected properties.
Steps will be taken to ascertain the current owners and their
addresses and attempts made to furnish them with actual notice
via mail. However, notice shall be sufficient where it has
been mailed, postage prepaid, as first class mail, within the
time hereinabove set forth, to the last known address of the
last known owner of the affected properties per the real pro-
perty ass.
County as
lodged in
Manager's
than five
?ssment rolls for general (ad valorem} taxes of eagle
of a date five days before the date of such mailing.
(c) Objections to the proposed assessment must be
writing by the affected property owner with the Town
office, Municipal Building, Vail, Colorado, no less
days prior to the date of the hearing before the Town
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Ord. 9 1976 Page 13
Council. The objections must be framed so as to identify the
specific issue(s) involved, the grounds therefor, and the wit-
nesses who will present the evidence at the hearing and the
general nature of their testimony. Such writing must also
include the name of the owner (s} and a description of the
affected property.
Prior to the hearing, the Town Manager will forward
to the Town Council the written objections which he has received.
He may at the same time forward his comments in writing in res-
pest to the project and the assessments. He may also make
comments relating to the written objections. Such information
furnished to the Tawn Council prior to the hearing will be avail-
able as set forth in Section 1-ll(a}{7}.
{d) At ar before the hearing, the Town Manager will
inform the Town Council concerning his compliance with the
notice requirements of this Sectian. At the hearing, he will
have an opportunity to make a presentation to the Town Council
relating to the proposed assessments. Only those persons who
have filed their written objections as required by Sectian 1-11(c)
above will be given an opportunity to present evidence in support
of their objections and may respond to the presentation or
written comments made by the Tawn Manager. The Town Manager in
turn will be permitted to present additional evidence in response
to the objectors' evidence.
Affected property owners not wishing to contest their
assessment but wishing to comment, favorably or unfavorably, on
the project will be heard.
Section 1-12. Levying assessments; special benefits.
(a) if the Town Council determines that the improve
m ents confer special benefits to the real or personal property
within said district, assessments may be made pursuant to this
ordinance and levied on any basis which the Town Council deter
mines to be equitable under all of the circumstances. The
assessments made shall be sufficient to cover the ,portion of
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Ord, 9 1976 Page 1~
the total cost of the improvements to be defrayed by the levy--
ing of special assessments. Special assessments shall not
exceed the special benefits as determined by the Council.
(b) For purposes of this section, "special benefits"
means that the real property has available improvements which
enhance the present and/or potential use, convenience, value,
reduction in maintenance costs, alleviation of health and sani-
tation hazards, or enjoyment of the property. Factors which
may be weighed and considered by the Town Council in determining
special benefits include, but are not limited to, the following:
(1) The effects upon the appearance and environ--
meat of and for the properties abutting upon or in
the vicinity of the improvements;
(2} The availability of the improvements for
use by the properti~:s abutting upon or in the vicin-
ity of the improvements;
(3) The type of improvements made and the
~~- policy followed in making assessments on similar
improvements constructed in the past;
(c}} The nature of the improvements, singularly
or in combination, and their influence throughout
the area and as to the individual parcels of property;
(5) The ever_increasing responsibility and
changing concept of what is required of the indivi-
dual property owners at their own casts under the
police power even though the general public also has
available to it such improvements;
(6) Unique features of particular properties;
(7} The zoning, the uses and potential uses
( of the properties in the vicinity of the improvements;
`_
(8} Opinions on the effects upon the faiac mar-
ket values from the improvements upon properties in
the vicinity of the improvements;
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Ord. ~ .1976 Page 15
(9) The probable influence from the improve-
ments relating to the protection or preservation
of the values of the properties in the vicinity of
the improvements.
~~ Section 1-13. Assessments to be levied and imposed
by ordinance.
If the Town Council at the hearing, or at any later
time or times to which the hearing might be continued, deter-
mines from the evidence that special benefits have accrued to
affected properties, then the assessments will be levied and
imposed by ordinance. The ordinance will include a finding
relating to notice and public hearing requirements of this
Chapter and resolve the issues, if any, which have been pre-
vented through appropriate objection. In the event installment
payments can be made, the ordinance shall set forth the schedule
and the interest rate,
Section 1-14. Conclusiveness of ordinance imposing
F
'~- assessments; limitation on actions.
After the expiration of thirty days from the effective
date of the ordinance described in Section 1-13, all actions
or suits attacking in any way the proceedings held, the deter-
minations and findings made, and the assessments levied therein,
shall be perpetually barred and shall not thereafter be questioned
in any court or before any other tribunal, Tn order for one to
have standing to challenge the proceedings in any respect, or
the ordinance adopted, or any assessment levied, he must have
asserted his objections in accordance with the requirements of
this Chapter. Review shall be limited to the objections so
asserted.
f Section 1-15. New assessment where assessment set
\,
aside.
If a court of competent jurisdiction sets aside any
final assessment, then the Town Council may make a new assess-
ment generally in accordance with the provisions of this
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Ord. 9 , 1976 Page 16
ordinance. Notices and procedures followed need not be in
strict compliance with this ordinance so long as the affected
property owner is afforded due process of law.
Section 1-16. Lien created; not to attach to cex-
,- tain lands. -
All assessments made in pursuance of this ordinance
shall be a lien in the several amounts assessed against each
tract or parcel of land from the effective date of the assess-
ing ordinance. A lien shall not, however, attach to any tract
or parcel of land so assessed which is awned by the state, or
any agency, or instrumentality thereof, or any county, munici-
pality, school district, special or quasimunicipal district,
other political subdivision, or private corporation operating
a public utility.
Section 1-17. Subdivision.
As to any subdivisions of any real estate assessed in
~~ pursuance of this ordinance, the assessments shall in each case
"' be a lien upon the individual lots of the subdivision in pro-
portion to their respective shares.
Section 1--18. To what other liens subordinate or
superior; extinguishment by general tax sale.
The liens for assessments granted by the two preceding
sections shall be prior and superior to all other liens, claims,
encumbrances and titles, whether prior in time or not, and shall
constitute such a lien until paid; provided, however, such
assessment lien is subordinate and junior to any lien for general
taxes and is subject to extinguishment by the sale of any pro-
perty on account of the nonpayment of general taxes,• and pro-
vided, further, any such assessment lien on any tract or parcel
' of land is prior and superior to any assessment lien thereon
subsequently levied.
Section 1--19. Generally.
Subject to the requirements of Section 1-2Q and 1-21
all installments both of principal and interest, shall be
Crd. ~ 1976 Page 17
payable at such dunes as may be determined in and by the
assessing ordinance referred to in Section 1--13 of this ordi-
nance.
Section 1--20. When lump payment due.
All assessments made in pursuance of this Chapter
sha11 be due and payable without demand within thirty days
after the publication of the assessing ordinance, after its
final passage.
Section 1-21. Installment option -- granted subject
to approval of Council.
A11 such assessments as mentioned in the next prece-
ding section may at the election of the owner be paid in install--
ments with interest as provided in Section 1-25, if so author-
ized by the Town Council.
Section 1-22. Installment option - how exercise
indicated.
Whenever the Town Council authorizes the payment of
.''~ assessments in installments with interest as hereinafter pro-
vided, failure to pay the whale assessment within said period
of thirty days shall be conclusively considered and held as
election on the part of all persons interested, whether under
disability or otherwise, to pay in installments the amount of
the assessment then unpaid.
Section 1-23. Regaining right to pay in installments.
At any time prior to the date a delinquent assessment
is certified to the county treasurer for collection (but not
thereafter) the owner may pay the amount of delinquent install-
ments and accrued interest as provided under Section 1-25, and
shall. thereupon be restored to the right thereafter to pay in
installments in the same manner as if default had not been made.
Section 1--24. Prepayment.
The owner of any piece of real estate may at any time
pay the whale unpaid principal due under the assessing ordinance
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Ord. 9 197& page 18
referred to in Section 1-12 with the interest accrued to the
next interest payment date, together with penalties, if any.
Section 1-25. Installment regulations.
In case of an election to pay in installments under
Sections 1-21 and 1-22, the assessment, shall. be payable in
annual or semi-annual installments not to exceed twenty years
in length or as determined and directed by the Council shall
be substantially equal, including principal, with interest in
all cases on the unpaid principal payable annually or semi--
annually at a rate equal to ar less than that set in the ordi--
nance ordering the improvements. The Town Council shall set
the installment interest rate in the ordinance ordering the
improvements, but the interest rate shall in no event be less
than the highest interest rate to be borne by the bonds, if any,
of such district. Further, nothing herein contained shall be
construed as limiting the discretion of the Town Council in pro-
. viding a different number of installments or periods of payment
~ than is rovided in the fore oin
p g g, or in determining the time
when the first installment of principal or interest or both
shall becgme due.
Section 1--26. Interest-free period.
Payments under the assessing ordinance referred to in
Section 1-13 of this ordinance may be made to the Director of
Finance and Record at any time within thirty days of the final
publication of such assessing ordinance, without penalty or the
payment of interest. The Town Manager may publish a notice in
at least one newspaper published and of general circulation in
the Town at least ten days before the end of such thirty day
period, which notice shall state the place of payment and the
time for it to close. Before any installment payment date a
notice may also be published. The failure to publish such
notice or to do any other act or thing required by this section
shall not affect such assessment or any installment thereof,
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ord. 9 1976 Page 19
or the lien the Town holds therefor, nor extend the time far
payment thereof.
Section 1-27. Procedure upan nonpayment.
An assessment or installment thereof, of any local
:~
improvement district, shall be considered delinquent if not
paid within thirty days after the date set for payment thereof
in the provisions of the assessing ordinance. A delinquency
shall cause the whole amount of unpaid principal and accrued
interest to became due and payable, As soon as any assessment
or installment thereof shall become delinquent, the Director
of Finance shall mark the same delinquent on the assessment
roll and shall, at least once each calendar year, but not sooner
than the first day of December, certify such assessments, along
with interest and penalty, to the treasurer of Eagle County,
Colorado; and the county treasurer shall extend such assessment
upon the real property tax rolls of the county and collect the
same in the same manner as delinquent general taxes levied upon
;~
~~ such property. Upon certification of the delinquent assessment
or payments, the costs of such collection shall also become due
and payable.
Section 1-28. Payment of assessments; interest;
certification of unpaid assessments to county
treasurer for collection.
There shall be no interest charged against an assess-
meat which is paid in full to the Town within thirty days from
the effective date of the assessment ordinance. In the event
that the assessment is not so paid in full within the said
thirty-day period, interest shall be charged at the rate set
by the Town Council in the ordinance levying the assessments.
Failure to pay an assessment, or an installment pay-
f~ ment thereof, when due, whether principal or interest, sha11
cause the whole amount of the unpaid assessment and accrued
interest thereon, along with penalty, to become due and payable
immediately and the amount sha11 continue drawing interest at
~'
Ord. 9 1976 Page 20
the rate established in the ordinance levying the assessments.
In the event that the assessment in default is on the install-
ment payment basis, and said assessment has not been certified
to the county treasurer for collection, the Director of Finance
~-
can permit the owner of the property assessed to return to the
installment payment basis upon the payment of all installment
payments in default together with all interest and penalty then
due.
Section 1-29. Ordering abutting property owners
to connect with utilities prior to paving streets;
procedure upon default.
Whenever any paving of. a street is authorized or
ordered under the provisions of this Chapter, the Town Council
may order the owners of the abutting property to connect their
several premises with the gas or water mains, or with any other
utility in the street in front of their several premises. Upon
default of any owner for twenty days after such order to make
r
fi such connections, the Town Manager may contract for and make
the connections at such distance, under such regulations, and
in accordance with such specifications as may be prescribed.
The whale cost of each connection shall be assessed against
the property with which the connection is made, and the cost
shall be paid upon completion of the work, and in one sum.
The cost shall be assessed, shall become a lien and shall be
continued in the same manner as is provided in this ordinance
for the assessment and collection of the cost of other special
improvements. Upon default in the payment of any such assess-~
ment, the property shall be sold in like manner and with like
effect.
Section 2. Severability.
If any part or provision of this ordinance or the
application thereof to any person, property or circumstance is
adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation and direction to
~7 1 •
Ord. 9 1976 Page 21
the part, provision, section, or application directly involved
in the controversy in which judgment shall have been rendered
and shall not affect or impair the integrity or validity of
the remainder of this ordinance even without any such part,
provision, section, or application,.
Section 3. Savings clause.
Nothing herein shall be construed to repeal, invali-
date or set aside any previous ordinance, assessment or action
taken by the Town Council or actions or proceedings of the Town
Manager or his agents unless expressly so stated, and any levy
or assessment previously made for a local improvement shall
remain in full force and effect. The Town Council expressly
affirms and ratifies any previous actions taken, proceedings
or work done by the Town Manager or his agents in relation to
any special or local improvement project,
Section 4, Effective date.
The Town Council finds that this ordinance is necessary
for the public health, safety and welfare and is authorized by
the Charter and shall take effect as provided by the Charter.
INTRODUCED, READ, ADOPTED, AND ORDERED PUBLISHED
this 6th day of April, 1376.
A public hearing shall be held on the 20th day of
April, 1976.
TOWN OF VAIL, COLORADO
~bson, Mayor
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AT'?_'~ aT,
1
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Rosa ie~ Jeffrey C erk
~• ~ ~~
Ord. 9, x.976
INTRODUCED, READ, ADOPTED AS AMENDED, AND
ORDERED PUBLISHED IN FULL this twentieth day o~ April, 1976.
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ATTEST:
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Town CIeC~
TO~~'N OF VAIL, COLORADO
i r
.' / I F~
r
i
hn A. Dobson, Mayor
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