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HomeMy WebLinkAbout1976-14 Forming Town of Vail Street Improvement District No. 1 and Authorizing The Construction of Local Improvements/, [ ~ rs ~~ !' \\ ~ ~ ORDINANCE NO. 14 {Series 1976} AN ORDINANCE FORvtiITNG TOSti'N OF VAIL STREET IMPROVEf,1ENT DISTRICT NO. 1 AND AUTi~ORI7ING TIIE CONSTPUCTION OF LOCAL IfdPROVI;P~iENTS L~7HEREUi1DLR SPyCIAI. I~SSESSb'IENTS ARE TO BE LEVIED IN THE FUTURE FOR THE COST OF TIIE CONSTRUCTION OF SAID IMPROVEMENTS, INCLUDING GRADING, BASE, ASPHALT PAVII~TG, LOCAL DRAINAGE' IMPROVEMENT, PROVISIONS FOR PUBLIC UTILITIES , BRIDGE IMPROVENfEI`dTS AND APPURTENANT IMPROVEi+'IENTS ON THE STREETS, ROADS, AND PUBLIC WAYS IN THE BIGIiORN AREA OF TIIE TOVdN OF VAIL; r~AKING FZt~DTNGS AND CONCLUSIONS BASED UPOfd EVIDENCE PRESEN'T'ED; AI'PROVI~TG THE PLAN FOR THE PROJECT AND THE METHOD OF LEVYING ASSESSMENTS; AND SETTING FORTH DETAILS IN RELATION THERETO. WI3EREAS, the Town Council, pursuant to and under the pravisians :~ of the Charter, Ordinance No. 9 (Series of 1976}, and Resolution No. 2 (Series of 1976), of the Town of Vail, has held a Public Hearing on May 25, 1976, relating to the formation of an improvement district.. for the construction of local street and related improvements for the Bighorn area of the Town of Vail; WHEREAS, the following have been considered: a.} A memorandum and oral presentation from the Town Manager concerning said project; b.) A memorandum and oral statements from the City Attorney; c.) The oral presentation from members of the Town Administration, as well as Mr. W. Allan f4acrossie, real estate appraiser and consultant, and Mr. Sam Maphis, en- gineering consultant; d.) All comments made by the public and property owners; either submitted previous to the hearing in writing or made orally at the Public Hearing. NOW, THEItEI'ORE, BE IT ORDAINED BY THE TOWN COt3NCIL OF THE TOWN OI' VAIL, COLORADO, THAT: Section 1. Based upon all the evidence, the Town Counc~_l finds: A.) The Tawn Council, by means of its Resolution No. .2 {Series of 1976}, has duly initiated by appropriate order the local improvement project provided for herein. ~~ ~• ~.~ -~ B,} Notice in the re> ~~- (! ..ed Iegal farm was duly published in The Vail Trail on May 14, .'.:~~,'6, satisfying the regUirements of Ordinance No. 9 (Series of 1976) of the Town of Vail. C.) A copy of such Notice was duly mailed to all affected l property owners in the subject area, to each such owner as shown on the records Colorado Assessor. All notices were so First Class mail, not more than 23, but prior to the date of the hearing. Said requirements of Ordinance No. 9, (Serie Vail. the last known address of of the Eagle Coun~.Y- mailed, postage prepaid, not less then 14 days, mailing satisfies the s of 1976} of the Town of D.} The Dublic Hearing referred to in the Notice has been duly held on May 25, 1976, and full opportunity was afforded all affected property owners to present their views at said hearing. Said hearing was continued to the date of this meeting. E.) Engineering plans have been duly presented to the Town Council on the design of street improvements which generally in- elude grading, 6 inch base, 2 inch asphalt paving, drainage facilities, provision for public utilities, bridge improvements, minor intersection modifications and other appurtenant improve- ments on Bridge Raad, Lupine Drive, Trdillow Way, Spruce Way, Col- un~bine Drive, Aspen Lane, Nugget Lane, Streamside Circle, Juniper Lane, Meadow Lane, Meadow Drive, Snowshoe Lane, Meadow Raad, Ute Lane, Slack Gore Drive, KelGar Lane and Main Gore Drive in the Bighorn area, Town of Vail, Colorado. Said plans conform to good engineering standards and practices and are appropriate for the Bighorn area, and for the use of said streets and roads by the residents of said area and the community. Said plans have been, and hereby are, found to be satisfactory in all respects. F.) The improvements to be made are local improvements with some general community benefit, but are of principally local con- cern and benefit. Tt is appropriate that the general public through the Town of Vail share in a portion of the vast of the improvements. The total estimated cost to m~':e said improvements is $623,097.98. The portion of the co:='- ni: the local improvement project to be provided by the Town of Vail is the amount of _2_ S y ~ ~ ~ {'~ f 't $75,006.00, and the remaining cost of said improvement or im- provements is to be provided by assessments against affected properties which will receive special benefits from said project. Said total cost estimates and portion of the cost to be paid by the Town of Vail have been, and hereby are, found to be satis- factory and reasonable in every respect. G,} Properties proposed to be assessed abut or are in the vicinity of such improvements and would benefit from construction thereof. Assessments are to be impaled because substantial special benefits will result from the improvements to all of the affected properties within the boundaries of the district, which special benefits are separate and distinct from the general benefits to the community which will also result therefrom. H.) The proposed assessments have been arrived at using a method of assessment and a formula which apportions the costs of the improvements on a fair and equitable basis and reflects a reasonable apportionment consistent with the benefits to be re- ceived. The proposed apportionment of the cost and the method of assessment assure every property owner equal. protection and due process of law as guaranteed by the Colorado and United States Constitutions. Z.} There have been valid protests filed in accordance with the Charter and Ordinance No. 9 .(Series of 1976) of the Town of Vail, numbering 54 provided however, that the Town Cauncil finds that the number of protests so filed are less than fifty (500) percent of the owners of all of the property to be bene-- fitted and constituting the basis of assessment of the District. At the hearing held on May 25, 1976 the Town Council duly con- sidered each and every protest, objection and remonstrance and determined the same to be without merit, and hereby declares and rules the same overruled and finally passed on by said Town Council and that the project should proceed as it is necessary for the preservation of the public health, safety and welfare and is in the public interest. J.) After appropriate notice to affected property owners, the Vail Town Manager has duly held administrative hearings re- lating to the subject special impravement project f'ar the purpose. -3- ] S ~• ~ a ~ 3_ ~~ S of informing affected property owners about the same and about. the assessments proposed, and for the purpose of obtaining their reactions thereto. K.) All necessary legal requirements and conditions pre- cedent for initiation of the subject local improvement project and for the public hearing on the same held on May 25, 1976 have been fully performed, met and satisfied. Section 2. Based upon the above findings and the additional findings stated below, the Town Council finds, concludes and orders as follows: A.) It has jurisdiction osier the F3ighorn area where the subject improvements are to be made and all of the affected prop- erties which are contained within said area and described an Exhibit A attached hereto, which Exhibit by this reference is made a part hereof. B.) There is hereby created and established within the cor- porate limits of the Town of Vail, County of Eagle and State of Colorado, a local improvement district to be known and designated ~ as "Yawn of Vail, Colorado, Street Improvement District No. 1" for the purpose of making certain street and drainage improvements on designated streets and intersections and to assess a portion of the cost thereof to the property benefitted thereby, which property is described on Exhibit A. C.) All action (not inconsistent with the provisions of this ordinance} heretofore taken by the Town Council and the officers of the Town, directed toward the creation of said District, the improvement of property therein, the sale and issuance of its public improvement bonds, and the levy of assessments for that purpose., be, and the same hereby is, ratified, approved and con- firmed . D.) The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall be all the real property described on Exhibit A attached hereto. E.) The plans for the construction of the subject local im- provements are hereby approved and the construction and instal- -4-- r 4 {: ~ ~-~ ~~ 'i lation of the street, bridge and drainage improvements in and for the District, as shown lay said plans and now an file with the Town, be and the same is hereby authorized and ordered, the material, to be used in the construction of said improvements to be in accox•dance with such plans. r F.) The Town of Vail Brill pay X75,000.00 of the cost of constructing the improvements. In addition, the Town of Vail will pay any part of project cost which exceeds the estimated cost of constructing the improvements. G.} The Town Council has determined, and does hereby deter- mine, that assessments shall be levied against the affected prop- erty in the District {the property specially benefited by the improvements therein) on the following basis and method of as- sessment: The equivalent unit basis. The District consists of five (5) basic zoning classifications---Single Family Residential (SFR), Two Family Residential (TFR}, Residential Cluster (RC"), Low Density ~~iulti- Family (LDM~'), and Medium Density Multi-Family (MDMF). Based on road usage measured in average daily trips (ADT) generated from each zoning classification, a unit factor was devised to equate each classifica--. tion to an equivalent unit. EXAMPLES: 1. Average Daily Trips (11DT) for each coning District. Zone District .A.D.T. Unit Factor S k`R a. TFR 8 1.00 b. RC 6 0.75 LDMF c. MDMF ~ 0.50 2. Maximum Dumber of Units or Lots Ba sed on Existing Zoning. Max.No. Unit Equivalent Property Zoning of Units Factor Units a. X SFR 1 1.00 l b. Y LD~'~IF 12 0. 5 0 6 Total 3. Determine Cast for Equivalent Units. The total shares project cost divided by the total. number of equival- ent units is equal to the basic cost for each equivalent unit. Px'ovided, that the cost of engineering, legal, clerical service and supplies, cost of inspection, cost of collecting assessments, advertising, printing, interest on bonds until interest on assessments is available. fiscal services, and other - 5 -- .} f ~~ ~ ~ • incidental costs, wi11 be assessed against the lots, tracts, and parcels of land included within said Distr~.ct on a. proportionate basis as set forth in Schedule B attached hereto and incorporated herein by this reference. Brovided, further, that the cost of driveways to be con- ~ structed at locations where dwellings exist wi11 be assessed against the lots, tracts, and parcels of land included within said District in the amounts specified in Schedule }3 attached. H.} After considering all of the circumstances existing within the District and weighing the factors specified in Section 1--12 of Town of Vail Ordinance Pdo. 9 (Series of 1976} and giving consideration to the greatly varying lot sizes, and different uses of land resulting in varying usage of the streets to be im- proved, the City Council has determined, and does hereby dete r- mine, that said method of assessment is a fair and equitable basis, and that such assessments shall be in proportion to the special benefits derived to such property, sufficient to cover the portion of the total cost of the improvements to be defrayed by special '~ assessments; and the assessment amounts apportioned thereto shall be in proportion to the special benefits derived by said lots as determined by the Town Council; and that as a result of the im- provements to be constructed by the District each, such lot will receive a special benefit, including without limitation increased market value, in an amount which shall equal or exceed the maxi- mum amount of the particular assessment to be assessed against each such lot; accordingly, said method of assessment is hereby approved. l.j The total cost in the District (excepting the amount to be paid from other sources) upon the completion of the work therein shall be apportioned in an assessment roll against each lot, tract or parcel of land to be assessed, herein described, and after a notice thereof and a hear~.ng thereupon, assessments shall be levied by ordinance. The method of assessment provided for herein sha11 be used and followed.at the time such assessments are so levied. Said assessments shall be a lien until paid in the several amounts assessed against each lot, tract or parcel of land. ... 6 - s i j ~... 1 3, ~ ( ,~.) 'i'he mown Council, in addition to the express deter-- urination hereinabave set forth, by the adoption of. this Ordinance, over rules all other objections and remonstrances that may have been made, either in writing, ar orally at the Bublic Heax'ing. ~c.} All assessments shall be due and payable without demand within thirty (30) days after publication of the assessing or- dinance, after its final passage. The property owner shall be permitted, at his election, upon the levy of assessments to pay said assessment an an installment schedule basis as follows: Semi--Annual installments aver a ten (10) year period with interest not to exceed ten (l00) percent per annum and not to be less than the highest interest rate on the Sonds issued for said im- provements. Interest sha11 be computed on the outstanding prin- cipa]. and interest shall be paid with each installment. Said installment schedule and maximum interest rate is hereby approved. L.) The assessments to be levied against the affected prop- erty owners and the various Lots, tracts and parcels of land shall not exceed the assessment amounts provided in Exhibit "B" attached hereto. M.} The proposed assessment schedule, hereby approved by the Town Council is as shown on Exhibit "B" attached hereto which by this reference is made a part hereof. N.) By virtue of and pursuant to the Laws of the State of Colorado, the Town of Vail Charter, and Ordinance No. 9 (Series of 1976) of the Town of Vail, local improvement bonds of the Tawn shall be issued far the purpose of Haying for the local improve- ments described in this Ordinance, in an amount not to exceed the cost and expenses of said improvements, including engineering, legal and incidental costs, as provided by law.' The bonds shall be issued based upon estimates approved by the Town Council, and as authorized by an Ordinance to be passed by the Town Council at a Later date. The maximum net effective interest rate of the local improvement bonds for the subject District shall not exceed ten percentum (loo) per annum. The bonds and thn interest there- on shall be payable out of the special assessments authorized herein to be levied against the real property included within -7- r ~ ~~ _ ~~ 1f i the District and specially benefited by the improvements to be constructed and installed. O.} The officers of the gown of Vail be, and they hereby are, authorized and directed to take all action necessar~~ or ap- propriate to effecutate the provisions of this ordinance. P.} A11 ordinances or resolutions, or parts thereof, in conflict with this ordinance are hereby repealed. This xepealer shall not be construed to revive any ordinance or part of any ordinance heretofore repealed. Q.} If any section, paragraph, clause or provision of this ordinance shall far any reason be held to be invalid or unen- forceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the re- maining provisions of this ordinance. R.) The limitation period of thirty (30} days within which suits or actions regarding this Ordinance must be brought, as set forth in Section 1-8 of Ordinance No. 9 {Series of 1976}, will ~. commence to run an June 15, 1976, ~ S.} The Town Council finds that this Ordinance is necessary to and for the benefit of the public interest and the public health, safety, and welfare. INTROL?UCED, READ ON I'IRS'T READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this lst day of June, 1976, and a Public Hearing on this Ordinance shal]_ be held at 7:34 P.M., on Tuesday, the 15th day of June, 1976 at a Regular Fleeting o.f the Town Council of the Town of -8- t ~ ~3 ' 'T ~• i~ `~ 1. Vail, Colorado, in the i~~lunici.pal Building of the Town, and a.t i s hereby oxdc~red that notice of said hearing be given as required h1 law. (SEAL} ATTEST r Town Clerk / '1 INTRODUCED, READ ON SECOND READING, ADOPTED AND ORDERED PUBi.i:~HED THSS 6th DAY OF July , 1.976. TOVdN OF VAIL By ti' .,i ATTEST .~ .~ ~~ ~. f~~.r .'own Clerk ~ ~1~~ f f .~ .~ Mayor " _g_