HomeMy WebLinkAbout1976-14 Forming Town of Vail Street Improvement District No. 1 and Authorizing The Construction of Local Improvements/, [ ~ rs ~~
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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
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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.
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B,} Notice in the re>
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..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
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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
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$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.
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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-
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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.
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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
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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
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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.
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,~.) '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
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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
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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
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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
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ATTEST
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.'own Clerk ~ ~1~~ f
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Mayor "
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