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HomeMy WebLinkAbout1976- 9 Relating to Local Improvement Districts; Providing for the Establishment and the Administration Thereof' ~ ~. ~' ~- ~ ~ ~~ ORDINANCE NO. 9 Series of 1976 `~ AN ORDINANCE RELATING TO LOCAL IMPROVEMENT DISTRICTS; PROVIDING FOR THE ESTABLISHMENT AND THE ADMINISTRATION THEREOF; SETTING FORTH PROCEDURES FOR PUBLIC HEARINGS, REMONSTRANCES, OBJECTIONS, AND CONSTRUCTION OF IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS; PROVIDING FOR THE ASSESSMENT OF THE COST OF THE IMPROVEMENTS AGAINST THOSE PROPERTIES SPECIALLY BENEFITED; PROVIDING THE MANNER FOR MAKING SAID ASSESSMENTS IN PAYMENT THEREOF; SETTING FORTH LIMITATIONS ON ACTION; AND SETTING FORTH MATTERS AND DETAILS TN RELATION THERETO WHEREAS, the Charter far the Town of Vail in Section 10.8 grants to the Town the power to create local improvement districts and to assess the cost of improvements thereof against benef iced property in said districts; WHEREAS, the Town Council believes that i-~ would be ~'" in the best interest of the Town, the property owners within the local improvement districts and the people of the Town to adopt procedures for establishing said districts, and author- izing and directing said improvements and the assessment of the cast therefor; and WHEREAS, it is the opinion of the Town Council that the same would be in the best interest of the public health, safety and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Article 1. IN GENERAL Section 1-l. Intent. The provisions of this ordinance and the Charter are intended to be the sole laws within the Town relating to special and 1oca1 improvement projects under which improvements are to be constructed or installed by the Town, and special assessments are to be imposed against real properties to pay for all or a portion of the costs therefor. Special and local improvement projects of every character for which special assessments may be imposed and accomplished under the provisions of this ' i ~ ~ _ i • ( ~- ~ ~~ Ord. 9 1976 Page 2 ordinance and the Charter include by way of illustration, but not limitation, the construction or installation of the fol- lowing: storm sewers and improvements for drainage and flood control; street lighting; curb; gutter; sidewalk; bridges; grading; graveling; paving or otherwise surfacing or improving; and landscaping streets, roadways and alleys. The construction or installation of more than one improvement may be accomplished as one project under the provisions of this Chapter. Section 1-2. Definitions. (a) "Affected property owner" means ones} whose real property is proposed to be or is assessed under~a local improvement project. (b} "Affected property" means real property which is proposed to be or is assessed under a local improvement project . (c} "'Costs of the project" means all costs incurred y in accomplishing the construction or installation of improve-- ments including the acquisition of right^of~-way along with associated administrative and overhead charges and expenses. (d) "Town Manager" means the chief executive and administrative officer of the Town and/or his duly authorized agents. Section 1-3. Initiation of project. (a) Locai improvement projects may be initiated by order of the Town Council, subject to protest by the owners of a majority of ali affected property. Implementation of pro- jects generally rests with the Town Manager and his agents. The Town Council shall initiate a local improvement project by resolution directing the Town Manager and his authorized agents to proceed and stating the Town Council's intention that the project be initiated. (b} If a petition is received from more than fifty percent of the owners of property in the area of a proposed t` ~ ~ `t Ord. ~ , 1976 Page 3 local improvement district, the Town Council shall initiate by resolution said project as specified in the petition, (c) The Town Manager may hold such administrative hearings relating to a proposed improvement project as he r deems appropriate. Such hearings may be used to inform affected property owners about the contemplated project, the assessments proposed, and obtain their reactions thereto. He shall use whatever procedures he determines to be appropriate to inform affected property owners of the administrative hearing (s}. Section 1-4. Notice requirements; lodging written protest; making of objections and remonstrances. if the Town Council determines to pursue a local improvement project, or if a fifty percent petition has been filed, and the Town Manager has been directed to proceed with implementation, the Town Manager will be responsible for the following: {a} Having notices published in a newspaper of general circulation in the Town. One notice shall be published not more than twenty-four, nor Less than ten days prior to the date of the hearing before the Town Council. The notice shall include the following: (1) The date, time and place of-the hearing. (2) The general nature of the improvements proposed along with the estimated costs thereof. (3) The amount of the estimated costs to be paid by the Town and the total amount proposed to be assessed. (4) The general area which is to be assessed and the manner or method proposed in the levying of such assessments. (5) The assessments which are proposed to be levied against affected properties and circum- stances which might occur which could result in • ~ ,~ Ord. 9, 1976 Page 4 the final assessment being in an amount greater than that proposed. (6) A statement as to when assessments would be levied and when they would be due and payable. 3 If it is proposed that the assessments can be paid in installments, the installment schedule and the maximum interest rate. {7) The place and times where the plans for the project will be available for review. In addition, there will be given the name of a person and a telephone extension at the Town where that person can be contacted to answer inquiries about the project. (8) That protests, objections and remonstrances against the contemplated improvements must be made as follows: a. A "protest" is the exercise by an affected ~- property owner of his right under Charter Section 10.8. Tt must be in writing, it must be clearly denominated as a protest, it must include a descrip- tion of the affected property, and it must be signed by the property owner(s) or someone authorized on his (their) behalf. A protest will be received and honored by the Town Council if it meets these pro- visions and only if it is lodged with the Town Manager's office, Municipal Building, Vail, Colorado, no less than one day before the date of the hearing before the Council. b. An "objection" or "remonstrance" is a complaint or criticism based upon legal or factual grounds, or both, which concern the project or any aspect thereof. Objections and remonstrances may be made either in writing or orally at the hearing before the Town Council. . _ €~ ~ ~~ 4 Ord. 9 1975 Page 5 {9} The place and times where the written material, including the draft ordinance proposed to be adopted, furnished to the Town Council by the Town Manager prior to the hearing may be z inspected and reviewed. (10} That members of the general public and affected property owners wi11 have an opportunity to present their views, objections and remonstrances about the project, or any part of it, at the hearing. (b) A copy of the notice described in {a) above shall be mailed, postage prepaid, as first class mail, not more than twenty-three, nor less than fourteen, days prior to the date of the hearing before the Town Council to the owners of the affected properties. Included with said notice shall be a form entitled protest, that the owner(s) may complete and return to the Manager to exercise his {their) protest of the ~' proposed project. Steps will be taken to ascertain the current owners and their addresses and attempts made to furnish them with actual notice via mail. However, notice sha11 be suffi- cient where it has been mailed, postage prepaid, as first class mail, within the time hereinabove set forth, to the last known address of the last known owner of the affected properties per the real property assessment rolls for general (ad valorem) taxes of Eagle County as of a date five days before the date of such mailing. Section 1-5. Hearing before Town Council; ruling on protests. (a) Prior to the hearing, the Town Manager may inform the Town Council by written memoranda about the project. At or before the hearing, he will inform the Town Council concerning his compliance with Section 1--4 above. Any information in writing furnished to the Town Council prior to the hearing will be available as set forth in Section 1-4{a)(9). ~~ ~• • ~ ~~ Ord. 9, 1976 Page 6 At the hearing, the Town Manager may make an oral presentation to the Town Council about the project. All affected property owners and members of the general public will be given an opportunity to present their views, objections and/or remonstrances, The Town Manager will then be given an opportunity to make further c~~~u<<ents . {b) The hearing may be continued from time to time. If continued, further or additional notices will not be required. {c) Protests lodged in accordance with Section Z-4 will be submitted by the Town Manager. The Town Council will rule upon their validity and sufficiency. Tf the Council determines that the valid protests exceed fifty percent of the affected property owners, the Council shall find that the pro- ject will not be completed, except as the same may be built with funds of the Town. The specific ruling on the protests as submitted shall be included in the ordinance under Section 1-6 if the Council authorizes the construction of the improve- ~ ments. Section 1--6. Ordering of improvements. (a} 1f the Town Council at the hearing, or at any later time or times to which the hearing might be continued, determines to proceed with the project, an ordinance shall be adapted, Such ordinance sha11 be based on the items considered and shall include: (1) An Order that the district within which the local improvements shall be made is formed and said Order shall include a description of the district's boundaries; (2) A finding relating to notice and public hearing requirements of this ordinance; (3) A finding or ruling on the protests, if any had been lodged; (4) A finding that the local improvement project is in the public interest and that special • ~• - ~~ -~ ~ Ord. 9, 1976 Page 7 benefits are anticipated to result to the affected properties; (5) An approval of the plans for the project; (6) An order directing construction of the ~}. improvements; (7} An approval of the proposed assessments schedule and the manner or method of levying the assessments in accordance with Section 1-12 of this ordinance; and (8) An approval of the installment schedule for the payments of assessments when levied and the maximum interest rate, if applicable. The ordinance may expressly rule upon objections and remonstrances. If no express ruling is made, adopting of such ordinance will have the effect of overruling all objections and remonstrances. _~ By defeat of a proposed ordinance, the Town Council will determine that the improvement project is not in the public interest, but such shall not limit proceedings for the same or similar improvements from being considered again at any time in the future. (b) The ordinance ordering the improvements shall include a statement that the assessments which can be levied against the affected properties will be limited to the amount shown on the schedule approved in the ordinance adopted under Section 1-6(a), except under the following circumstances: (1) Actual construction. costs exceed estimated construction costs (but only to the maximum of an additional fifteen percent); and/or, (2) Land acquisition costs exceed the esti- C. mated costs; and/or, {3) Separate and additional elements of cast are incurred in construction or for other items which are of a nature generally not foreseen and / . T Ord. 9 197b included in the construction costs at the time of estimate. Such is to be based upon Page 8 experience and similar projects in the past. The Council may by ordinance further limit the ~r increase in assessments over the estimates as it deems appro- priate. Further, the notice required in Section l-4 must con- taro the provisos of subdivisions (b) (l} , (~) and (3) above in order for the assessments to be higher than the amount shown on the schedule. Section 1-7. Construction of improvements. The Tawn Manager will be responsible to carry forward the order contained in the Council's ordinance. Town forces may be used to construct the improvements. Tf not, the Town Manager sha11 let a contract or contracts within a reasonable time under all the circumstances. {The Manager may let the contract far said improvements by bid or by negotiation as directed by the Council.) Tf the bids exceed the estimated r' ~ amount, the Manager has the authority to reject the same and have the project put out again for bid when the conditions are deemed more favorable. The Town Manager has the authority to combine similar improvements for different areas for contracting purposes to affect economies. Econ- omies affected wi11 be equitably apportioned between the Town and the affected properties by the Town Council at the time of the imposition of assessments. Section 1-8. Conclusiveness of ordinance; limitation on actions. After the expiration of thirty days from the date of [~ the final action and approval by the Town Council of the ordinance described in Section 1-6, all actions or suits attacking its findings, determinations and contents, and of all proceedings relating thereto, shall be perpetually barred and ,shall be ~~~ ~~ ~ r"~ Ord. 9 1976 Page 9 conclusive of the facts so stated in such ordinance in evexy court or other tribunal. In order for one to have standing to sue, he must have asserted his protests, objections and remonstrances in accordance with the requirements of this - ordinance. Review shall be limited to the same and the factual and legal grounds asserted before the Town Council, Section 1--9. Initiation of assessment proceedings. {a) The Town Manager may hold such administrative hearings relating to the imposition of assessments as he deems appropriate to obtain reactions thereto from affected property owners. He shall use whatever procedures he determines to be appropriate to inform affected property owners of the adminis- trative hearing(s). (b) Upon ascertaining the costs of the project, and after holding administrative hearings, if any, the Town Manager shall bring the matter on the levying of assessments before the Town Council. No such hearing will be held before the Council ~ until the improvements have been substantially completed. Section 1-10. Issuing bonds. {a) The Town Council shall have the power by ordi- nance without an election to issue bonds for the purpose of paying all or such portion of the cost of constructing or installing any special or local improvement projects ordered pursuant to the provisions of this ordinance, including the costs incidental thereto. Such bonds may be of the total principal amount, date, denomination, form, terms and bear such interest as may be prescribed by the Tawn Council and shall be payable in a sufficient period of years after their date to cover the period of payment of the improvements to be provided. If the Town Council so determines, such bonds may be redeemable prior to maturity with or without the payment of a premium. Such bonds may be issued upon estimates approved by the Town Council and may be payable in whole or in part out of the monies collected an account of the assessments made for the authorized ~• • • Ord. 9 1976 Page 10 improvements. All monies collected from such assessments for such improvements shall be applied to the payment of the bands so issued, until payment in full is made of all such bands, both as to principal. and interest. °~- (b) All such bands may be refunded as authorized in Section 10.7 of the Town of Vail Charter. (c} Where all outstanding bonds of a special or local improvement district have been paid and any monies remain to the credit of the district, they shall be transferred to a special surplus and deficiency fund and whenever there is a deficiency in any special or local improvement district fund to meet the payments of outstanding bonds and interest due thereon, the deficiency shall be paid out of said surplus and deficiency fund. Whenever a special or local improvement district has paid and cancelled three-fourths of its bonds issued, and for any reason the remaining assessments are not paid in time to take up the remaining bonds of the district and the interest 5 3` due thereon and there are not sufficient monies in the special surplus and deficiency fund, then the Town shall pay said bands when due and the interest due thereon, and reimburse itself by collecting the unpaid assessments due said district.. (d) Tn consideration of general benefits conf erred upon the Town at large from the construction and installation of improvements in improvement districts, the Town Council may levy annual taxes without an election on all taxable property within the Town at a rate to be determined by the Town Council, for the purpose of advancing monies to maintain current payments of interest and equal annual payments to the principal amount of bands issued for any improvement district created pursuant to the provisions hereof. The proceeds of such taxes shall. be placed in a special fund and shall be disbursed only far the pur- poses specified herein, provided that in lieu of such tax levies, the Tawn Council may annually transfer to such special fund any available monies of the Town. Ord. 9 1976 Page 11 (e) After the expiration of 30 days from the date of the final action and approval by the Town Council of the ordinance providing far the issuance of such bonds, all actions or suits attacking its findings, determinations, and contents ~~ ar questioning the legality of the bonds authorized therein and all proceedings relating thereto, shall be perpetually barred and said ordinance and bands shall be conclusive of the facts so stated in such ordinance and bonds and shall be con- clusively deemed valid and legal in every court or other tribunal and shall not be open to contest by tha Town or any person whomsoever, for any reason whatever. Section 1-11. Proceedings relating to assessments before the Council; notice requirements; filing of objections. Prior to a hearing, the Town Manager sha11 be res- ponsible for the following: ~ (a) Having a notice published in a newspaper of general circulation in the Town. One notice shall be published not more than twenty-four, nor less than ten days prior to the date of the hearing before the Town Council. The notice shall include the following: (1} The date, time and place of the hearing; (2) The general nature of the improvements which have been constructed and the total project cost; (3) The amounts proposed to be assessed against individual parcels of real property; (4) That the provisions of Section 1-11(c) of this ordinance, must be complied with in detail by affected property owners before objections to the levy of the assessment will be recognized; (5) That affected property owners will have an opportunity to be heard and present evidence concerning their objections at the public hearing ~-~ =-~ ~ ~ .~ ` 4 1 Ord. 9 1976 Page 12 if they comply with the condition precedent set forth in subdivision (4) above. Failure to comply with such condition precedent will be deemed a waiver of any objections and a consent r' y to the levy of the proposed assessment; {6} Where and when inquiries can be made and questions answered; (7} The place and times where the written material, including the draft ordinance proposed to be adopted, furnished to the Town Council by the Town Manager prior to the hearing may be inspected and reviewed; (8) Affected property owners who do not wish to contest their assessment but who wish to make any c~~~u«ents favorable or unfavorable, relating to the project will be given an opportunity to do so: `~ {b) A copy of the notice described in subsection (a} above, along with a copy of Section 1-11(c), shall be mailed, postage prepaid, as first class mail, not more than twenty-three, nor less than eighteen, days prior to the date of the hearing before the Town Council to the owners of the affected properties. Steps will be taken to ascertain the current owners and their addresses and attempts made to furnish them with actual notice via mail. However, notice shall be sufficient where it has been mailed, postage prepaid, as first class mail, within the time hereinabove set forth, to the last known address of the last known owner of the affected properties per the real pro- perty ass. County as lodged in Manager's than five ?ssment rolls for general (ad valorem} taxes of eagle of a date five days before the date of such mailing. (c) Objections to the proposed assessment must be writing by the affected property owner with the Town office, Municipal Building, Vail, Colorado, no less days prior to the date of the hearing before the Town ~~ ,~ ~ 1 Ord. 9 1976 Page 13 Council. The objections must be framed so as to identify the specific issue(s) involved, the grounds therefor, and the wit- nesses who will present the evidence at the hearing and the general nature of their testimony. Such writing must also include the name of the owner (s} and a description of the affected property. 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 res- pest to the project and the assessments. He may also make comments relating to the written objections. Such information furnished to the Tawn Council prior to the hearing will be avail- able as set forth in Section 1-ll(a}{7}. {d) At ar before the hearing, the Town Manager will inform the Town Council concerning his compliance with the notice requirements of this Sectian. At the hearing, he will have an opportunity to make a presentation to the Town Council relating to the proposed assessments. Only those persons who have filed their written objections as required by Sectian 1-11(c) above will be given an opportunity to present evidence in support of their objections and may respond to the presentation or written comments made by the Tawn Manager. The Town Manager in turn will be permitted to present additional evidence in response to the objectors' evidence. Affected property owners not wishing to contest their assessment but wishing to comment, favorably or unfavorably, on the project will be heard. Section 1-12. Levying assessments; special benefits. (a) if the Town Council determines that the improve m ents confer special benefits to the real or personal property within said district, assessments may be made pursuant to this ordinance and levied on any basis which the Town Council deter mines to be equitable under all of the circumstances. The assessments made shall be sufficient to cover the ,portion of • • • Ord, 9 1976 Page 1~ the total cost of the improvements to be defrayed by the levy-- ing of special assessments. Special assessments shall not exceed the special benefits as determined by the Council. (b) For purposes of this section, "special benefits" means that the real property has available improvements which enhance the present and/or potential use, convenience, value, reduction in maintenance costs, alleviation of health and sani- tation hazards, or enjoyment of the property. Factors which may be weighed and considered by the Town Council in determining special benefits include, but are not limited to, the following: (1) The effects upon the appearance and environ-- meat of and for the properties abutting upon or in the vicinity of the improvements; (2} The availability of the improvements for use by the properti~:s abutting upon or in the vicin- ity of the improvements; (3) The type of improvements made and the ~~- policy followed in making assessments on similar improvements constructed in the past; (c}} 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_increasing responsibility and changing concept of what is required of the indivi- dual property owners at their own casts under the police power even though the general public also has available to it such improvements; (6) Unique features of particular properties; (7} The zoning, the uses and potential uses ( of the properties in the vicinity of the improvements; `_ (8} Opinions on the effects upon the faiac mar- ket values from the improvements upon properties in the vicinity of the improvements; s ~• ~ ~~ Ord. ~ .1976 Page 15 (9) The probable influence from the improve- ments relating to the protection or preservation of the values of the properties in the vicinity of the improvements. ~~ Section 1-13. Assessments to be levied and imposed by ordinance. If the Town Council at the hearing, or at any later time or times to which the hearing might be continued, deter- mines from the evidence that special benefits have accrued to affected properties, then the assessments will be levied and imposed by ordinance. The ordinance will include a finding relating to notice and public hearing requirements of this Chapter and resolve the issues, if any, which have been pre- vented through appropriate objection. In the event installment payments can be made, the ordinance shall set forth the schedule and the interest rate, Section 1-14. Conclusiveness of ordinance imposing F '~- assessments; limitation on actions. After the expiration of thirty days from the effective date of the ordinance described in Section 1-13, all actions or suits attacking in any way the proceedings held, the deter- minations and findings made, and the assessments levied therein, shall be perpetually barred and shall not thereafter be questioned in any court or before any other tribunal, Tn order for 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 the requirements of this Chapter. Review shall be limited to the objections so asserted. f Section 1-15. New assessment where assessment set \, aside. If a court of competent jurisdiction sets aside any final assessment, then the Town Council may make a new assess- ment generally in accordance with the provisions of this (~ ~:. f • Ord. 9 , 1976 Page 16 ordinance. Notices and procedures followed need not be in strict compliance with this ordinance so long as the affected property owner is afforded due process of law. Section 1-16. Lien created; not to attach to cex- ,- tain lands. - All assessments made in pursuance of this ordinance shall be a lien in the several amounts assessed against each tract or parcel of land from the effective date of the assess- ing ordinance. A lien shall not, however, attach to any tract or parcel of land so assessed which is awned by the state, or any agency, or instrumentality thereof, or any county, munici- pality, school district, special or quasimunicipal district, other political subdivision, or private corporation operating a public utility. Section 1-17. Subdivision. As to any subdivisions of any real estate assessed in ~~ pursuance of this ordinance, the assessments shall in each case "' be a lien upon the individual lots of the subdivision in pro- portion to their respective shares. Section 1--18. To what other liens subordinate or superior; extinguishment by general tax sale. The liens for assessments granted by the two preceding sections shall be prior and superior to all other liens, claims, encumbrances and titles, whether prior in time or not, and shall constitute such a lien until 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 pro- perty on account of the nonpayment of general taxes,• and pro- vided, further, any such assessment lien on any tract or parcel ' of land is prior and superior to any assessment lien thereon subsequently levied. Section 1--19. Generally. Subject to the requirements of Section 1-2Q and 1-21 all installments both of principal and interest, shall be Crd. ~ 1976 Page 17 payable at such dunes as may be determined in and by the assessing ordinance referred to in Section 1--13 of this ordi- nance. Section 1--20. When lump payment due. All assessments made in pursuance of this Chapter sha11 be due and payable without demand within thirty days after the publication of the assessing ordinance, after its final passage. Section 1-21. Installment option -- granted subject to approval of Council. A11 such assessments as mentioned in the next prece- ding section may at the election of the owner be paid in install-- ments with interest as provided in Section 1-25, if so author- ized by the Town Council. Section 1-22. Installment option - how exercise indicated. Whenever the Town Council authorizes the payment of .''~ assessments in installments with interest as hereinafter pro- vided, failure to pay the whale assessment within said period of thirty days shall be conclusively considered and held as election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid. Section 1-23. Regaining right to pay in installments. At any time prior to the date a delinquent assessment is certified to the county treasurer for collection (but not thereafter) the owner may pay the amount of delinquent install- ments and accrued interest as provided under Section 1-25, and shall. thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made. Section 1--24. Prepayment. The owner of any piece of real estate may at any time pay the whale unpaid principal due under the assessing ordinance ~ • • Ord. 9 197& page 18 referred to in Section 1-12 with the interest accrued to the next interest payment date, together with penalties, if any. Section 1-25. Installment regulations. In case of an election to pay in installments under Sections 1-21 and 1-22, the assessment, shall. be payable in annual or semi-annual installments not to exceed twenty years in length or as determined and directed by the Council shall be substantially equal, including principal, with interest in all cases on the unpaid principal payable annually or semi-- annually at a rate equal to ar less than that set in the ordi-- nance ordering the improvements. The Town Council shall set the installment interest rate in the ordinance ordering the improvements, but the interest rate shall in no event be less than the highest interest rate to be borne by the bonds, if any, of such district. Further, nothing herein contained shall be construed as limiting the discretion of the Town Council in pro- . viding a different number of installments or periods of payment ~ than is rovided in the fore oin p g g, or in determining the time when the first installment of principal or interest or both shall becgme due. Section 1--26. Interest-free period. Payments under the assessing ordinance referred to in Section 1-13 of this ordinance may be made to the Director of Finance and Record at any time within thirty days of the final publication of such assessing ordinance, without penalty or the payment of interest. The Town Manager may publish a notice in at least one newspaper published and of general circulation in the Town at least ten days before the end of such thirty day period, which notice shall state the place of payment and the time for it to close. Before any installment payment date a notice may also be published. 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, r~ • • ord. 9 1976 Page 19 or the lien the Town holds therefor, nor extend the time far payment thereof. Section 1-27. Procedure upan nonpayment. An assessment or installment thereof, of any local :~ improvement district, shall be considered delinquent if not paid within thirty days after the date set for payment thereof in the provisions of the assessing ordinance. A delinquency shall cause the whole amount of unpaid principal and accrued interest to became due and payable, As soon as any assessment or installment thereof shall become delinquent, the Director of Finance 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 December, certify such assessments, along with interest and penalty, to the treasurer of Eagle County, Colorado; and the county treasurer shall extend such assessment upon the real property tax rolls of the county and collect the same in the same manner as delinquent general taxes levied upon ;~ ~~ such property. Upon certification of the delinquent assessment or payments, the costs of such collection shall also become due and payable. Section 1-28. Payment of assessments; interest; certification of unpaid assessments to county treasurer for collection. There shall be no interest charged against an assess- meat which is paid in full to the Town within thirty days from the effective date of the assessment ordinance. In the event that the assessment is not so paid in full within the said thirty-day period, interest shall be charged at the rate set by the Town Council in the ordinance levying the assessments. Failure to pay an assessment, or an installment pay- f~ ment thereof, when due, whether principal or interest, sha11 cause the whole amount of the unpaid assessment and accrued interest thereon, along with penalty, to become due and payable immediately and the amount sha11 continue drawing interest at ~' Ord. 9 1976 Page 20 the rate established in the ordinance levying the assessments. In the event that the assessment in default is on the install- ment payment basis, and said assessment has not been certified to the county treasurer for collection, the Director of Finance ~- can permit the owner of the property assessed to return to the installment payment basis upon the payment of all installment payments in default together with all interest and penalty then due. Section 1-29. Ordering abutting property owners to connect with utilities prior to paving streets; procedure upon default. Whenever any paving of. a street is authorized or ordered under the provisions of this Chapter, the Town Council may order the owners of the abutting property to connect their several premises with the gas or water mains, or with any other utility in the street in front of their several premises. Upon default of any owner for twenty days after such order to make r fi such connections, the Town Manager may contract for and make the connections at such distance, under such regulations, and in accordance with such specifications as may be prescribed. The whale cost of each connection shall be assessed against the property with which the connection is made, and the cost shall be paid upon completion of the work, and in one sum. The cost shall be assessed, shall become a lien and shall be continued in the same manner as is provided in this ordinance for the assessment and collection of the cost of other special improvements. Upon default in the payment of any such assess-~ ment, the property shall be sold in like manner and with like effect. Section 2. Severability. If any part or provision of this ordinance or the application thereof to any person, property or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation and direction to ~7 1 • Ord. 9 1976 Page 21 the part, provision, section, or application directly involved in the controversy in which judgment shall have been rendered and shall not affect or impair the integrity or validity of the remainder of this ordinance even without any such part, provision, section, or application,. Section 3. Savings clause. Nothing herein shall be construed to repeal, invali- date or set aside any previous ordinance, assessment or action taken by the Town Council or actions or proceedings of the Town Manager or his agents unless expressly so stated, and any levy or assessment previously made for a local improvement shall remain in full force and effect. The Town Council expressly affirms and ratifies any previous actions taken, proceedings or work done by the Town Manager or his agents in relation to any special or local improvement project, Section 4, Effective date. The Town Council finds that this ordinance is necessary for the public health, safety and welfare and is authorized by the Charter and shall take effect as provided by the Charter. INTRODUCED, READ, ADOPTED, AND ORDERED PUBLISHED this 6th day of April, 1376. A public hearing shall be held on the 20th day of April, 1976. TOWN OF VAIL, COLORADO ~bson, Mayor ~.. '1~ AT'?_'~ aT, 1 ~, 1 ~ } Rosa ie~ Jeffrey C erk ~• ~ ~~ Ord. 9, x.976 INTRODUCED, READ, ADOPTED AS AMENDED, AND ORDERED PUBLISHED IN FULL this twentieth day o~ April, 1976. ar ATTEST: '; ~ , l i ;~~,~~~~ ~.G~ Town CIeC~ TO~~'N OF VAIL, COLORADO i r .' / I F~ r i hn A. Dobson, Mayor t ,~