HomeMy WebLinkAbout1984-21 Public Hearing to be held December 4, 1984 Concerning the Levying of Specail Assessments against Properties with in the Lionshead Improvement District4353A
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CERTIFIED RECORD
OF
PROCEEDINGS OF THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO
RELATING TO A RESOLUTION
CONFIRMING THE DATE AND
RATIFYING NOTICE OF A PUBLIC HEARING
TO BE HELD DECEMBER 4. 1984 CONCERNING THE
LEVYING OF SPECIAL ASSESSMENTS
AGAINST PROPERTIES WITHIN THE
TOWN OF VAIL, COLORADO, LIONSHEAD IMPROVEMENT DISTRICT
STATE OF COLORADO }
COUNTY OF EAGLE ) ss.
TOWN OF VAIL )
The Town Council of the Town of Vail, Colorado, met in
special session at the Vail Municipal Building, the regular
meeting place thereof, in said Town on Tuesday, the 6th day of
November, 1984, at the hour of 2:00 p.m.
The following members of the Town Council were present:
Mayor:
Mayor Pro Tem:
Council Members;
Rodney Slifer
8~:arzr~ PR. :~rrd~F~..n
Hermann Staufer
C a_ 1 ~ ~~.tirr-11.. 3 . L ~ ., .... !. irai
Colleen Kiine
Kent Rose
The fol wing membe,,'rs,,JJ of the Town Council were absent:
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The following persons were also present:
Town Manager: Rondall Phillips
Town Director
of Finance: William Pyka
Town Attorney: Lawrence A. Eskwith
Town Clerk: Pamela A. Brandmeyer,~,~
Thereupon, the following proceedings, among others. were had
and taken:
Council Member introduced, moved the approval
of, and read by title the following Resolution, sufficient
copies of which had previously been made available to the
Council and to the public;
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RESOLUTION NO. ~~ , Series of 1984
A RESOLUTION CONFIRMING THE DATE AND RATIFYING
NOTICE Off' A PUBLIC HEARING TO BE HELD
DECEMBER 4, 1984, CONCERNING THE LEVYING OF
SPECIAL ASSESSMENTS AGAINST PROPERTIES WITHIN
THE TOWN OF VAIL, COLORADO, LIONSHEAD
IMPROVEMENT DISTRICT.
WHEREAS, the Town Council of the Town of Vail (the "Yawn"}
has heretofore by Ordinance No. 1, Series of 1983, authorized
and ordered the construction and installation of improvements
therein described for the Town of Vail, Colorado, Lionshead
Improvement District {the "District") and determined thereafter
to levy special assessments against the affected properties in
the District, according to the method and within the limitations
therein described; and
WHEREAS, Ordinance No. 1, Series of 3983, requires that such
assessments shall be levied by ordinance after a notice thereof
and a hearing thereon; and
WHEREAS, Ordinance No. 9, Series of 1976, codified as
Chapter 20.04 of the Cade of the Town (the "Code"}, gravides
that the Town Manager shall be responsible for the publication
of such notice as more particularly described in Section
20.04.180 of the Code; and
WHEREAS, the Town Manager has selected December 4, 1984, as
the date most suitable far the aforesaid public hearing; and
WHEREAS, the Town Manager proposes to request the Tawn Clerk
to cause a notice in substantially the following form, together
with a copy of Section 20.04.200 of the Code (Section 1-11{c} of
Ordinance No. 9, Series of 1976), to be mailed by first class
postage prepaid mail to the record owners of the affected
properties on November 14, 1984, and further to cause said
notice to be published in The Vail Trail, a newspaper of general
circulation in the Town, in its issue of November 16, 1984;
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PUBLIC NOTICE
NOTICE OF A PUBLIC HEARING ON THE NATURE OF IMPROVEMENTS
CONSTRUCTED AND INSTALLED AS A PROJECT WITHIN THE LIONSHEAD
LOCAL IMPROVEMENT DISTRICT, VAIL, COLORADO, THE TOTAL COST OF
SUCH PROJECT AND THE AMOUNTS PROPOSED TO BE ASSESSED AGAINST
INDIVIDUAL PARCELS OF REAL PROPERTY WITHIN SUCH DISTRICT.
TO: Affected property owners or representatives of property
owners and members of the public.
SUBJECT:
A public hearing will be held on the assessment of costs for
the construction and installation of certain improvements within
the Lionshead Improvement District {the "District"), in the Town
of Vail, Colorado (the "Town"}, on December 4, 1984, at 7:30
p.m. (or as soon thereafter as the matter can be heard}. The
hearing will take place at the Council Chambers of the Town
Council, Vail Municipal Building, 75 South Frontage Road, Vail,
Colorado.
The general nature of the improvements constructed and
installed in the District is as follows: the replacement of
street paving in major areas of the Lionshead Mall, the
relocation of planting areas, the provision of new focal points
of interest, the unification and upgrading of utility systems,
the provision of emergency access to all areas of the Lionshead
Mall, the installation of a new lighting system and street
lights for the surrounding area, benches, kiosks, planters,
bicycle racks, drinking fountains and other amenities such as a
water feature and a sculpture area and the general aesthetic
improvement of the Lionshead Mall and surrounding area
collectively, the "Improvements").
The total cost of the Improvements is $2,555,000. Of this
amount, $1,600,000 has been provided by the Town through the
issuance of its General Obligation Bonds, with the remaining
955,000 to be provided by assessments to be levied against
benefited properties.
The amounts proposed to be assessed against each individual
parcel of real property appear on the schedule set forth below.
Affected property owners must comply in detail with the
provisions of Subsection A of Chapter 20.04.200 of the Vail Code
before objections to the levy of the assessment will be
recognized. Affected property owners will have an opportunity
to be heard and to present evidence concerning their objections
at the public hearing if they comply in detail with the
provisions of Subsection A of Chapter 20.04.200 of the Vail
Code. Failure to so comply will be deemed a waiver of any
objections and a consent to the levy of the proposed assessment.
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Section 20.44.200 of the Vail Code reads as follows:
A. Objections to the proposed assessment must be
lodged in writing by the affected property owner with the
Town Manager's office, municipal building, 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 owner(s) and a description of
the affected property.
B. 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 respect to the project and the assessments.
He may also make comments relating to the written
objections. Such information furnished to the Town Council
prior to the hearing will be available as set forth in
Section 20.04.180{G)
If the Town Council determines by ordinance to levy the
assessments, anyone wishing to challenge the same has thirty
30) days to obtain court review from the effective date of the
ordinance (i.e. five (5) days after publication following final
passage of the ordinance). All actions or suits attacking in
any way the proceedings held, the determinations and findings
made, and the assessments levied in such ordinance, shall
thereafter be perpetually barred and shall not be questioned in
any court or before any other tribunal after the expiration of
said thirty f30) day period. In order for anyone to have
standing to challenge the proceedings in any respect, or the
ordinance adapted, or any assessment levied, he or she must have
asserted his or her objectionls) in accordance with Section
20.04.200 of the Vail Code. 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
such ordinance. Notices and procedures followed need not be in
strict compliance with such ordinance so long as the affected
property owner is afforded due process of law.
Additional information concerning the nature of the
improvements or the proposed assessments should be directed to
Mr. Peter Patten, Department of Community Development, Town of
Vail, Vail Municipal Building, 75 South Frontage Road, Vail,
Colorado 81657, Monday through Friday between the hours of
8:00 a.m. and 12:00 noon and between 1:00 p.m. and 5:00 p.m,
Mr. Patter`s phone number is (303) 476-7000 ext, 106.
The written material, including the draft ordinance with all
its proposed findings and determinations and as proposed to be
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adopted by the Town Council, may be inspected and reviewed by
contacting the Town Clerk's office, Vail Municipal Huilding,
Vail, Colorado, from Monday, November 19, 1984, through Tuesday,
November 30, 1984, from 8:00 a.m. to 5:00 p.m. The Town Clerk's
office is not open for business on Saturdays or Sundays.
Affected property owners who do not wish to contest their
assessment but who wish to make any comments favorable ar
unfavorable, relating to the project will be given an
opportunity to do so.
The name or the representative of the property owner as on
file with the Eagle County Assessor's Office, properties {if a
number is given under the column "Legal Description" and
indicated as a reception number, that number is the reception
number of the document of record in the Dffice of the Eagle
County Clerk and Recorder upon which the exact property
description may be found), and the respective amounts of each
proposed assessment are set forth in the schedule that appears
below. The total proposed assessment appears in the far right
hand column. Questions relating to the computations of said
assessments may be directed to Mr. Peter Patten.
INSERT ASSESSMENT SCHEDULE
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s
NOW THEREFORE $E iT RESOLVED SY THE TOWN COUNCIL OF THE TOWN
0~' VAIL, COLORADO, THAT:
1, The date selected by the Town Manager for the hearing
on the special assessments to be levied against properties
within the Town of Vail, Colorado, Lionshead Improvement
District, i,e. December 4, 1984, is hereby approved and
confirmed.
2, The mailing and publication of notice by the Town Clerk
as hereinbefore recited is hereby approved and ratified.
3. All acts, orders, ordinances, resolutions, or parts
thereof, of the Town in conflict with this Resolution are hereby
repealed, except that this repealer shall not be construed so as
to revive any act, order, ordinance, resolution, or part
thereof, heretofore repealed.
4. If any paragraph, clause or provision of this
Resolution is judicially adjudged invalid or unenforceable, such
judgment shall not affect, impair or invalidate the remaining
paragraphs, clauses or provisions hereof, the intention being
that the various paragraphs, clauses or provisions hereof are
severable.
APPROVED AND ADOPTED this 6th day of November, 1984
TDWN OF VAIL, COLORADO
TOWN}
SEPL}
T1'EST
Town Clerk
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Council Member ~~.5'~ seconded the motion,
and the question being upon the approval and adoption of said
Resolution, the roll was called with the following result:
Council Members voting "Yes":
Mayor:
Mayor Pro Tem:
Council Members:
Rodney Slifer
arl nc
Hermann Staufer
Colleen Kline
KentR/~ose,
Council Members voting "No" : /{.~J
members of the Council present having voted in
favor of the approval and adoption of the Resolution, the
presiding officer thereupon declared the Resolution duly
approved and adopted.
Thereupon, after consideration of other business to come
before the Council, the meeting was adjourned.
Mayor G~ `
Town of ail, Colorado
TOWN)
SEAL)
A TEST:
Town Clark
Town of Vail, Colorado
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l
STATE OF COLORADO )
COUNTY OF EAGLE ) ss.
TOWN OF VAIL }
Attach Affidavit of Publication of Notice.)
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STATE OF COLORADO }
COUNTY OF EAGLE } ss.
TOWN OF VAIL }
I, Pamela A. Brandmeyer, Town Clerk of the Town of Vail,
Colorado {the "Town"), do hereby certify that the foregoing copy
of Resolution No. ~~ , Series of 1984, confirming the date and
ratifying notice of a public hearing to be held December 4,
1984, concerning the levying of special assessments against
properties within the TOWn of Vail, Colorado, Lianshead
Improvement District (the "District"}, is a true and correct
copy; that said Resolution was approved and adopted by the Town
Council at the regular meeting place of the Town Council in the
Town, on Tuesday, the 6th day of November, 1984; that true
copies of said Resolution have been duly executed and
authenticated by the signatures of the Mayor of the Town of Vail
and myself, as Town Clerk of said Town, sealed with the seal of
the Town, numbered and recorded in the official records of the
Town kept for that purpose in my office; that on November 14,
1984, which date was not more than 23 nor less than 18 days
prior to the public hearing to be held on December 4, 1984, I
caused a notice in the form set forth herein at pages 3 through
5, together with a copy of Section 20.04.200 of the Code of the
Town, to be mailed by first class, postage prepaid mail to the
record owners of all affected properties within the District at
the addresses listed therein, which owners and their respective
addresses were ascertained by examining the real property
assessment rolls for general (ad valorem} taxes of Eagle County
as of November 9, 1984; that I also caused said notice to be
published in The Vail Trail, a newspaper of general circulation
in the Town of Vail, in its issue of November 16, 1984, which
date was not more than 24 nor less than IO days prior to said
public hearing, as evidenced by the affidavit of publication
attached hereto at page 8. I further certify that the foregoing
pages numbered 1 to 8 constitute a true and correct copy of the
record of the proceedings of the Town Council at its special
meeting of November 6, 1984, insofar as said proceedings relate
to said Resolution; that said proceedings were duly had and
taken; that the meeting was duly held; and that the persons were
present at said meeting as therein shown.
IN WITNESS WHEREOF, I have hereunt set my hand and the seal
of the Town of Vail, Colorado, this day of November, 1984.
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Town Clerk ~~~~
Town of Vail, Colorado
TOWN }
SEAL}
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