HomeMy WebLinkAbout1992-31 Accepting Certain Improvements Constructed and Installed In and For Booth Creek Local Improvement District., .
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' ORDINANCE NO. 31
SERIES 7992 . N.
AN ORDINANCE ACCEPTING CERTAIN IMPROVEMENTS
CONSTRUCTED AND INSTALLED IN AND FOR
BOOTH CREEK LOCAL IMPROVEMENT DISTRICT,
DETERMINING THE TOTAL COST THEREOF,
RECENING AND ACCEPTING THE ASSESSMENT ROLL APPORTIONING THE COST
THEREOF TO BE PAID BY SPECIAL ASSESSMENTS
AMONG AFFECTED PARCELS WITHIN THE DISTRICT,
ASSESSING THE COST AS APPORTIONED THEREIN AGAINST EACH ASSESSABLE
PARCEL WITHIN THE DISTRICT SPECIALLY BENEFITTED BY THE IMPROVEMENTS,
PRESCRIBING THE METHOD OF PAYING AND COLLECTING THE ASSESSMENTS,
DESCRIBING THE LIEN SECURING PAYMENT THEREOF,
MAKING NECESSARY FINDINGS WITH RESPECT TO THE SATISFACTION
OF ALL CONDITIONS AND REQUIREMENTS RELATING TO THE FOREGOING,
AND LIMITING ACTIONS CHALLENGING THE PROCEEDINGS.
WHEREAS, the Town Council of the Town of Vaii (the "Town"} has heretofore by
Ordinance No. 13, Series of 1589 (the "Creation Ordinance"}, authorized and ordered the
construction and installation of improvements therein described (the "improvements"; for the Town
of Vail, Colorado, Booth Creek Local Improvement District [the "District"} and determined #o levy
special assessments against the affected parcels in the District specially benefitted by the
Improvements, according to the method and within the limitations therein described; and
WHEREAS, the Town Council has hereto#ore toy Ordinance No. 20, Series of 1989,
issued special assessment bands designated Tawn of Vail, Colorado, Booth Creek Local
Improvement District, Local improvement Bonds, dated August 15, 1989, in the aggregate
principal amount of $365,Oflfl (the "Bonds"), to pay a portion of the cost of constructing and
installing the Improvements and covenanted to apportion, levy, and assess the cost of the
improvements in amounts sufficient, together with any excess proceeds from the sale of the
Bonds, upon the assessable parcels within the District; and
WHEREAS, the Improvements are now substantially complete; and
WHEREAS, the Great+on Ordinance provided that the assessments to be levied
against the affected properties shall not exceed the assessment amounts provided in the
schedule of assessments attached to the Graafian Ordinance, except [a) if actual construction
casts exceeded estimated construction casts [but only to the maximum an additional 15%), (b}
if land acquisition costs exceeded estimated costs, or [c} if separate and additional elements of
costs were Incurred in construction or for other items which were of a nature generally not
foreseen and included in the construction casts at the time of the estimate, all as provided by
Section 20.04.080 of the Vail Code; and
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WHEREAS, the notice of the creation of the District which was published and
mailed to affected property owners provided the es~mated total to be assessed- against affected
property was $36S,76B, and further provided that this was the maximum amount to be assessed
except as described in the preceding paragraph; and
WHEREAS, the construction company originally selected by public bid to construct
the improvements within the District failed to build the improvements in accordance with plans and
specifications and subsequently brought suit against the Town when the Town refused to pay the
construction company a portion of the contract price; and
WHEREAS, as a result of the failure of the construction company to construct the
project in accordance with the plans and specifications and the subsequent litigation, the final
casts of the improvements are $507,1$7 which exceed the original estimate; and
WHEREAS, a portion of the amount in excess of the original estimate is additional
construction costs which exceeded the estimate which do not exceed the estimate by more than
~ 5% and a portion is separate and additional elements of costs which were of a nature generally
not foreseen and included in the original estimated construction costs; and
W HEREAS, the Town Manager has ascertained the total cost of the Improvements,
less that portion thereof to be paid by the Town, and has brought the matter of levying
assessments therefor before the Town Council; and
WHEREAS, an assessment roll for the District, showing the amount of each
assessment, has been prepared by the Town's Controller; and
WHEREAS, the Town Manager has heretofore caused a notice of hearing in the
form prescribed by Section 20.04.184 of the Code of the Town to be mailed, along .with a copy
of Section 20.04.204 of the Vail Code, by first class postage prepaid mail to the last known
owners of the affected parcels as shown on the real property assessment roils for general (ad
valorem) taxes of Eagle County as of five days before the mailing, on November 24, 1992, and
to be published in The Vail Trail, a newspaper of general circulation in the Town, in its issue of
December 4, 1992; and
WHEREA5, the Town Council has held a public hearing on proposed special
assessments against parcels within the District and upon the ordinance by which the same shall
be levied, all as required by Chapter 20.04 of the Code of the Town, at its regular meeting on
December 15, 1992.
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BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
1. Aouroval of Notice. The Town Council hereby finds that notice of proposed
assessments and of a public hearing thereon has been given and a public ~~~aring held in
accordance with Chapter 20.04 of the Code of the Town. The Town Council hereby further finds
that all other condi~ons and requirements relating to the levying of special assessments against
parcels within the District have been fully satisfied.
2. Acceptance of Improvements. The Town Council hereby accepts the
Improvements constructed and installed in and for the District.
3. A~roval and Anoortionment of Costs. The Town Council hereby finds that
the total cost of the Improvements, including engineering, legal, and incidental costs, is $507,187,
that the portion thereof to be assessed against the parcels of land within the District is $487,187,
and that the balance has been paid by the Town.
4. Finding of Benefit. The Town Council hereby finds that the Improvements
are local improvements which have conferred general benefits upon the Town and also special
benefits upon the affected pareeis within the District. Parcels proposed to be assessed abut or
are in the vicinity of the Improvements and will receive substan#ial special benefits from the
construction and installation thereof which are separate and distinct from the general benefits to
the town. Said special benefits consist of the mitigation of rockfall damage to each parcel and
the improvements located thereon. This finding is made after considering evidence relating to
the following factors:
(1} The effects upon the appearance and environment of and for the
properties abutting upon or in the vicinity of the improvements;
(2} The availability of the Improvements for use by the properties
abutting upon or in the vicinity of the Improvements;
{3} The type of improvements made and the policy followed in making
assessments on similar Improvements constructed In the past;
{4} 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-tncreasing responsibility and changing concept of what is
required of the Individual property owners at their own costs under the police power even though
the general public also has available to it such improvements;
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(6) The zoning, uses, and potential uses of the properties in the vicinity ,
of the Improvements;
(7) Opinions on the effects upon the fair market- values from the
Improvements upon properties in the vicinity a# the improvements;
(8} The probable influence from the Improvements relating to the
protecfion or preservation of the values of the properties in the vicinity of the improvements.
5. Aparoval of Assessment Rail. The Town Council hereby receives and
.approves the assessment roll for the District as prepared by the Controller, a copy of which is
attached hereto as Exhibit A.
6. Ar~oravai of Assessment Method. The amounts specified in the assessment
roll have been computed according to the method described in Ordinance No. 13, Series of 1989.
The Town Councii has heretofore detenrined, and by this Ordinance does again determine, that
the method of assessment is a fair and equitable one, providing for a reasonable apportionment
of the cost of the improvements consistent with the benefits conferred. The determination made
hereby is reached after hearing evidence relating to special benefits actually conferred upon the
affected paclels, including without limitation increased market value, and all other relevant
circumstances.
7. Finding that Benefits exceed Assessments. The Town Councii hereby
determines that as to each parcel of real estate the special benefits exceed in value the amounts
to be assessed therefor and that the assessments are apportioned amount the respective parcels
in approximation to the benefits conferred.
i3. Sufficiency of Assessments. The Town Councii hereby finds that the
proposed assessments reflected in the assessment roll will be sufficient in .the aggregate to cover
the portion of the total cost of the improvements to be defrayed by the levying of special
assessments.
9. Lew of Assessments. Special assessments are hereby levied against the
respective parcels as set forth in the assessment roll, and the Town Clerk is hereby instructed
so to notify the affected parcel owners.
10. Date Assessments 'Due. All assessments made in pursuance of this
Ordinance shall be due and payable without demand to the Director of Administrative Services
on January 1 i3, 1993.
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11. Election to Pav in Installments. All such assessments may at the election
of the owner be paid in installments with interest. There shall be no interest charge against any
assessment, payment of which is made in full to the Director of Administrative Services on or
before January 18, 1993. The Town Manager may publish a notice in at least one newspaper
published and of general circulation in the Town at least #en days before that date, which notice
shall state the place of payment and the time for it to close. 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, or the lien the Town holds therefor, nor extend the time for payment thereof.
Failure to pay the whole assessment on ar before January 18, 1993, shall be conclusively
considered and held to be an election on the part of such owner to pay in installments the amount
of the assessment then unpaid.
12. Installment Due Dates. Assessments not paid on or before January 18,
1993, shall be payable in 10 substan~ally equal ins#allments of principal, payable March 1, 1993,
and annually on March 1 of each year thereafter until and including March 1, 2002, which interest
on the unpaid principal amount at the rate of nine and one half percent {9.5%} per annum,
payable an each principal payment date.
13. Preaavment in Full. The owner of any parcel herein assessed may at any
time pay the whole unpaid principal due under this Ordinance with the interest accrued to the next
interest payment date, without penalty.
14. Delinquent Assessments. An assessment or installment thereof shall be
considered delinquent if not paid within thirty days after the date set for payment thereof in this
Ordinance. A delinquency shall cause the whole amount ofi unpaid principal and accrued interest
to become due and payable. Any delinquent assessment ar installment shall continue drawing
interest as hereinabove provided plus penalty interest a# the rate of 1.5% per month. As soon
as any assessment or installment thereof shall become delinquent, the Director of Administrative
Services 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 October, certify such assessments, along with
interest and penalty, to the County Treasurer of Eagle County, Colorado; and the County
Treasurer shah extend such assessment upon the real property tax rolls of the County and collect
the same fn the same manner as delinquent general taxes levied upon such property. Upon
certifica#fan of the delinquent assessment or payments, the cost of such ~Ilectian shall also
become due and payable. However, at any lime prior to the date a delinquent assessment is
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certified to the County Treasurer for collection the owner may pay the amount of delinquent ,
installments, accrued interest thereon and penalties due, and shall thereupon be restored to the
right thereafter to pay in Installments in the same manner as if default had not been made.
i5. Assessment wens, The assessments made pursuant to this
Ordinance shall be a lien in the several amounts assessed against each tract or parce! of land
from the effective date of this Ordinance. In the event of the subdivision of any parcel assessed,
the assessments shalt 1n each case be a lien upon the individual lots of the subdivision in
proportion to their respective shares. The liens for assessments shalt be prior and superior to
al! other liens, claims, encumbrances, and titles, whether prior in Mme or not, and shalt constitute
a lien un#il 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 property an account of the
nanpayment.of general taxes; and provided, further, any such assessment lien on any parcel is
prior and superior to any assessment lien thereon subsequently levied.
16. Ordinance Conclusive. Alter the expiration of thirty days from the effective
data of this Ordinance, ail actions or suits attacking in any way the proceedings held, the
determinations and findings, made, and the assessments levied herein, shall be perpetually
barred and shall not thereafter ba questioned in any court or before any other tribunal. In order
far 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 Chapter
20.x4 of the Code of the Town. Review shall be limited to the objections so asserted. If a court
of competent Jurisdiction sets aside any final assessment, then the Town Council may make a
new assessment generally in accordance with the provisions of this Ordinance and applicable
provisions of the Vai! Code.
17. Authorizina Action. The officers of the Town are hereby authorized and
directed to take all action necessary or appropriate to effectuate the provisions: of this Ordinance.
1 i3. Ratification. Ali action heretofore #aken by the Town and by the officers
thereof not inconsistent herewith directed toward the levying of spacial assessments against
parcels within the District specially banefitted by the construction and installation of the
Improvements therein is hereby ratified, approved and confirmed.
19. Reaealer. All acts, orders, ordinances, resolutions, ar parts thereof, of the
Town in conflict with the Ordinance are hereby repealed, except that this repealer shall not be
construed so as to revive any act, order, ordinance, resolution, or park thereof, heretofore
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repealed.
213. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, ciause or phrase thereof, regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses ar phrases be
declared invalid.
21. The Town Council hereby finds, determines, and declares that this
ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the
inhabitants thereofi.
22. The repeal or the repeat and reenactment of any provision of the Municipal
Code of the Town of Vaii as provided in this ordinance snail not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceedings as commenced under or by virtue
of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
23. All bylaws, orders, resolutions, and ordinances, ar parts thereof, inconsistent
herewith are repeated to the extent only of such inconsistency. This repeater shall not be
construed to revise any bylaw, orde-, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 1st day of December, 1992, and a public hearing shall be held on this
Ordinance on the 15#h day of December, 1992, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
ATTEST:
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Pamela A. Brandmeyer, Acting Town Clerk
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Marg et A. Osterfoss, Mayor
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED "'
by t i t i e only this lath day of December, 1992.
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Ma e# A. Ostertoss, Mayoc
ATTEST:
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Pamela A. Brandmeyer, Acting Town Clerk
C1DRD9231
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NOTICE 4F A POBLIC HEARING
' 4N SPECIAL ABBE88MENTB
FOR THE BOOTH CREEK LOCAL IMPROVEMENT DISTRICT
OF THE TOWN OF VAIL, COLORADO
A public hearing wi11 be held an the levying of specia].
assessments against property located in the Booth Creek Local
Improvement District of the Town of Vail, Colorado on December 15,
1992, at 7130 p.m. (or as soon thereafter as the matter can be
heard) at the Council Chambers in the Municipal Building, Vail,
Colorado.
The general nature of the improvements constructed in the
District include a trench-berm complex for the mitigation of rock
fall damage, The total cost of the improvements is $5x7,187. Of
this amount, $20,Od0 has been provided by the Town of Vail and
$487,187 will be provided by assessments to be levied against
specially benefitted properties.
Objections to the proposed assessment must be logged in
writing by the affected property owner with the Town Manager's
office at the Municipal Building, in Vail, Colorado, no less than
five (5} days prior to the date of the hearing before the Town
Council. The objections must be framed so as to identify the
specific issue(s) involved, the grounds therefor, and the witnesses
who will present the evidence at the hearing and the general nature
of their testimony. The writing must also include the name of the
owners} and description of the affected groperty. 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 h~.s comments in writing in respect to the project and the
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assessments. He may also make comments relating to the written
objections. The provisions of this paragraph must be complied with
in detail by affected property owners before objections to the levy
of the assessment will be recognized. Affected property owners
will have an opportunity to be heard and present evidence
concerning their objections at the public hearing if they comply
with the condition of this paragraph. Failure to comply with such
condition precedent will be deemed a waiver of any objections and
a consent to the levy of the proposed assessment. Inquiries and
questions can be directed to Mr. Steve Thompson, Town of Vail, 75
South Frontage Road C~lest, Vail, Colorado, 81657, or by phone at
(303}~79--2100. Anyone wishing to inspect and review any written
material furnished to the Town Council by the Town Manager prior to
the hearing, including the draft ordinance proposed to be adopted,
can do sa at the office of the Town Clerk in the Municipal Building
in Vail, Colorado, on or after December 1, 1992 between the hours
of 8;00 a.m. and 5:00 p.m.
Affected property owners who do not wish to contest their
assessment but who wish to make any comments favorable or
unfavorable, relating to the project will be given an opportunity
to do sp.
All assessments sha11 be due and payab~.e without demand to
Director of Administrative Services on January 18, 1993.
Assessments not paid on or before January 18, 1993, shall be
payable in 10 substantially equal installments of principal,
payable March 1, 1993, and annually on March 1 of each year
thereafter until and including March 1, 2002, with interest on the
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, unpaid principal amount at the rate of 9.5p$ per annum, payable on
each principal payment date. Failure to pay the whole assessment
on or before January 18, 1993 shall be conclusively considered and
held to be an election on the part of such owner to pay in
installments the amount of the assessment then unpaid.
if the Town Council adopts the assessment ordinance, anyone
wishing to challenge the same has 30 days from the date of the
effective date to seek judicial review. In order for anyone to
have standing to sue, he or she must have asserted his or her
objection(s) in accordance with the requirements of Title 2U of the
Vail Code, which requirements are set forth generally above. The
expiration of the 3d-day period wi11 perpetually bar all actions or
suits challenging the findings, determinations and contents of the
ordinance and of all proceedings relating thereto, and will finally
anc~ conclusively establish said facts and findings.
TOWN 0 VATL
Rondall V. Phillips,
Town Manager
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BOOTH CREEK ASSESSMENT 5CHEDULE 1
Amount of
~v er and Address Parcel Owned Assessment
Mara Orasis Borrow Block 1, Lot 5, Vail Village $18,737.97
Bax 5055 12th Filing
Vaal, CO 81658
Rodnie W. Garton
Lynne Erion
1545 Lake Drive
Loveland, CD 80538
Block 1, Lot 10, Unit B, $18,737.97
Resub of Lot 7, Vail Village
12th Filing Townhouse
Roy A. Johnston
3135 Booth Falls Court
Vail, CO 81657
Johann Mueller
910 Fairway Drive
Vail, CD 81657
Branders-Cadmus
Real Estate, Tnc.
281 Bridge Street
Vail, CO 81657
Lot 1, Parcel B, Vail Village $18;737.97
12th Duplex, Resub of Lot 2
Block 2, Lot 6, Vail Village $18,737.97
12th Filing
Block 1, Lot 10, Unit A,Resub $18,737.97
of Lot 7, Vail Village 12th
Filing
George H. Clowes, Jr. Block 2, Lot 3, Vail Village $18,737.97
Robert Lammerts 12th Filing
cf o Lammerts
125 Park Avenue
Oklahoma City, OK 73102
Crown Corr, Inc. Block 1, Lot 11, Resub of Lot $18,737.97
Box 1750 7, Vail Village 12th Filing
Highland, IN 46322
Robert S. Carpenter Block 1, Lot 2, Unit A, Marquez $18,737.97
2170 Tecumseh Park Lane Duplex, Vail Village 12th
West Lafayette, IN 47906 Filing
Daniel J. and Barbara
A. Feeney
3145A Booth Falls
Vail, CO 81657
Block 2, Lot 2, Unit B, Vail $18,737.97
Village 12th Filing
John W. Gray
3819 Janitell Road
Colorado Springs, CO
80906
J. Edward Lund
3100 Booth Falls Court
Vail,, CO 81657
Block ]., Lot 6, Unit B, Vail $18,737.97
Village 12th Filing Townhouse
Block 2, Lot 8, Vail Village $18,737.97
12th Filing
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Edward M. and Katherine Block 1, Lat 2, Unit B,Marquez $18,737.97
P. Gwathmey Duplex
322fr Katsos Ranch Road
Vail, GO 81657
Jeanine Hallenbeck Block 1, Lot 4, Vail Village $18,737.97
3236 Katsos Ranch Road 12th Filing
vail, Co 81657
Patrick G. and Suzanne Block 2, Lot 7, Vail Village $7.8,737.97
E. Dauphinais 12th Filing
Box 3.515
Vail, CO 81658
Robert P. Lammerts Block 2, Lat 4, Vail Village $18,737.97
125 Park Avenue 12th Filing
Oklahpma City, aK 73102
Robert Leavitt Block - Lot Parcel A, Vail $18,737.97
6472 5. Quebec Street Village 12th Filing
Englewood, C4 80111
Duane and Carolyn Piper Block 1, Lot 8, Parcel B-1, $18,737.97
Box 5560 B-2, Vail Village 12th Filing
Avon, CO 81620 Duplex, Resub of Lot 7
Brandy Lee McLaughlin Block 1, Lpt 6, Unit A, Vail $18,737.97
Wa11 Village 12th Filing Townhouse
Box 3.12
Vail., CO 81658
Jorge A. and Sybill R. Block 1, Lot 9, Resub of Lot $18,737.97
Navas 7, Vail Village 12th Filing
3255 Katsos Ranch Road
Vail, CO 81657
John Galt Block 1, Lot 8, Parcel A, Vail $18,737.97
Mountaineering, Ltd. Village 12th Filing Duplex,
3245 Katsos Ranch Road Resub of Lot 7
Vail., CO 81657
Michael D. and Cynthia Block 1, Lat 1, Vail Village $18,737.97
R. Steimle 12th Filing
John D. and Ruth K.
Steimle
Box 2024
Vail., CO 81558
Ray E. and Pamela V. Block 1, Lvt 3, Vail Village $18,737.97
Story 12th Filing
3230 Katsos Ranch Raad
Vail, CO 81b57
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Garton Development Co.
Box 880
Vail, CO 81.658
Garton Developxr~ent Co.
Box 880
VafZ, CO 81658
Vail Mountain School
Box 602
Vail, Co 81658
Jacqueline B. Lind
2 Drive Lane
Littleton, CD 80123
Block 2, Lot 5, Unit A, Vail 518,737.97
village 12th Filing Townhouse
Block 2, Lot 5, Unit B, Vail $18,737.97
village 12th Filing Townhouse
Block 2, Lat 12, Vail Village $18,737.97
12th Filing
Block 2, Lot 2, Unit A, Vail $18,737.97
Va.Ilage 12th Fi~.ing