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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 zzj02/84 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: ri/ 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; 1- 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; 2- 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. 3- 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 4- 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 5- 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 6- 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 7- l STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF VAIL } Attach Affidavit of Publication of Notice.) 8- 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. r' f d w`4 '~ Town Clerk ~~~~ Town of Vail, Colorado TOWN } SEAL} 9-