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HomeMy WebLinkAbout1988- 2 Levying Special Assessments Against Properties within West Vail Local Improvement District No. 1 Specially Benefitted by the Construction and Installation of Improvements Therein,5 ,, ~ BD53 ~ O1/2r . 0~.~~~~ ~-Se~-i~S ~ lt~g CERTTFIED RECORD OF PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO RELATING TO AN ORDINANCE LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTTES WTTHIN WEST VAIL LOCAL IMPROVEMENT DTSTRICT NO. 1 SPECIALLY BENEFTTED BY THE CONSTRUCTION AND TNSTALLATTON OF IMPROVEMENTS THEREIN AND AUTHORIZING MAILING OF NOTICE OF REDEMPTION OF CERTAIN TOWN OF VAIL, COLORADO WEST VAIL LOCAL IMPROVEMENT, DISTRTCT N0. ]. SPECIAL ASSESSMENT BONDS DATED JUNE 1, I987 ~z. ,• r, r ~ STATE UE" COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF VAIL ) The Town Council of the Town of Vail, Colorado, met in regular session, in full conformity with the Town Charter, ordinances and all other applicable laws, rules and regulations, at the Municipal Building in Vaal, Colorado, the regular meeting place thereof, on Tuesday, the 5th day of January, 1988, at the hour of 7:30 p.m. The following members of the Town Council were present: Mayor: Mayor Pro--Tem: Council Members: Kent Rase John Slevin Eric Affeldt Merv Lapin Gordon Pierce Thomas Steinberg Gail Wahrlich-Lowenthal The following members of the Town Council were absent: none The following persons were also present: Town Manager: Director of Admini- strative Services: Town Attorney: Town Clerk: taken: Rondall Phillips Charles Wick Lawrence A. Eskwith Pamela A. Brandmeyer The following proceedings, among others, were had and The Mayor declared that this was the time and place established for a public hearing on the assessment of costs for the construction and installation of certain improvements within Town of Vail, Colorado, West Vaal Local Improvement District No. 1. The meeting was then opened for such purpose.. The Town Manager reported that prior to the hearing he had forwarded to the Town Council the proposed assessment roll as BD534 1 01/25/88 prepared by the Town"s Department of Public Works & Transportation, all objections thereto received by him in conformity with the requirements of Section 20.04.200 of the Code of the Town, and his written comments relating thereto and to the project generally. He further reported that all such information and a draft of the ordinance assessing said costs had been made available for inspection and review by interested persons at the office of the Town Clerk from December 28, 1987, to January 5, 1988. He also reported that the Town Clerk had heretofore caused a notice in the form prescribed by Section 20.04.180 of the Cnde of the Town, to be mailed by first class postage prepaid mail to the record owners of the affected properties on December 17, 19$7, and to be published in The Vail Trail, a newspaper of general circulation in the Town, in its issues of December 18, 24 and 31, 1987. The Town Council heard and received evidence relating to the completion of the Improvements, the cost thereof, the general and special benefits conferred thereby, the method of apportioning the cast to be paid by special assessments, the preparation of the assessment roll, and the relationship of assessment liabilities to benefits conferred. The Town Manager made a presentation to the Town Council concerning the proposed assessments. The following persons who had filed tamely and compliant objections to their assessments were given an opportunity to present evidence in support thereof and to respond to the presentation and written comments of the Town Manager: {List objectors appearing and summarize evidence in support of objections.} West Vail Development Corporation and West Vail Associates Ltd., as represented by Hud Wirth (no evidence presented). The Town Manager was permitted to present additional evidence in response to the objectors' evidence. The Town Council resolved the issues raised by said persons as follows, making necessary modifications in the assessment roll: (Indicate resolution of issues raised by objectors.} The Staff was instructed to review and resolve said issues. BD534 2 01/25/88 ..- ~~ C• The following affected property owners not wishing to contest their assessments but wishing to comment on the project were heard: (List affected property owners appearing.) Bryon Brown Dick Peterson After all persons had been given an opportunity to speak, the hearing was declared closed. Council Member Eric Affeldt introduced, moved the approval an first reading, and read by title the following Ordinance, sufficient copies of which had previously been made available to the Town Council and to the public: BD534 3 01/25/88 l~ (1 ORDINANCE NO. 2 SERIES OF' 2988 C• AN ORDINANCE ACCEPTING CERTAIN IMPROVEMENTS CONSTRUCTED AND INSTALLED IN AND FOR TOWN OF VAIL, COLORADO, WEST VAIL LOCAL IMPROVEMENT DISTRICT NO. 1, DETERMINING THE TOTAL COST THEREOF, RECEIVING AND ACCEPTING THE ASSESSMENT ROLL APPORTIONING THE COST THEREOF TO BE PAID BY SPECIAL ASSESSMENTS AS AMONG AFFECTED PROPERTIES WITHIN THE DISTRICT, ASSESSING SAID COST AS APPORTIONED THEREIN AGAINST EACH ASSESSABLE LOT OR TRACT OF LAND WITHIN THE DISTRICT SPECIALLY BENEFITTED BY SAID IMPROVEMENTS, PRESCRIBING THE METHOD OF PAYING AND COLLECTING SAID 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 PROGEEDTNGS. WHEREAS, the Town Council of the Town of Vail, Colorado (the "Town") has heretofore by Ordinance No. l0, Series of 1987. authorized and ordered the construction and installation of improvements therein described {the "Improvements") for Town of Vail, Colorado, West Vail Local Improvement District No. 1 (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, the Tawn Council has heretofore by Ordinance No. 13, Series of 1987, issued special assessment bonds designated Town of Vail, Colorado, West Vail Local Improvement District No. 1 Special Assessment Bonds, dated June 1, 1987, in the aggregate principal amount of $525, 000, to pay a portion of the cost of constructing and installing the Improvements and covenanted thereafter to apportion, levy and assess said cost, less any portion thereof to be paid by the Town, upon the assessable lots and tracts of land within the District; and WHEREAS, the Improvements are now substantially complete; and WHEREAS, 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 SD5S4 4 01/25/88 A ~ c~ WHEREAS, an assessment roll for the District, showing the amount of each assessment, has been prepared by the Tawn"s 17epartment of Public Works & Transportation; and WHEREAS, the Town Clerk has heretofore caused a notice in the form prescribed by Section 20.04.1.80 of the Code of the Town (Section 1--11(a) 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 December 17, 1987 and to be published in The Vail Trail, a newspaper of general circulation in the Tawn, in its issues of December 16, 24:, and 31, 1987; and WHEREAS, the Town Council has held a public hearing upon proposed special assessments against properties within the District and upon the ordinance by which the same shall be levied, all as required by Chapter 20.04 of the Code and the Charter of the Town, at its regular meetings on January 5, 1988, and January 19, 1988. BE IT ORDAINED SY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Town proposed assessments an given and a public he therefore that the not Ghapter 20.04 of the C Series of 1.987, have be a£ this Ordinance. The all other conditions an relating to the levying within the District have Council hereby finds that notice of d of a public hearing thereon has been aring held as hereinbe£ore recited and ice and public hearing requirements of ode o£ the Town and Ordinance Na. 10, en fully satisfied prior to the adoption Town Council hereby further finds that d requirements of said Code and ordinance of special assessments against properties heretofore been fully satisfied. 2. The Town Council hereby accepts the Improvements constructed and installed in and for the District. 3. The Town Council hereby finds that the total cost of the Improvements, including engineering, legal, and incidental casts, is $1,020,000, that the portion thereof to be assessed against the lots or tracts of land within the District is $525,000, and that the balance shall be paid by the Town. 4, 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 properties within the District. Properties proposed to be assessed abut or are in the vicinity of the Improvements and have benefited from the construction and installation thereof. Assessments are to be levied because substantial special benefits have resulted from the Improvements to all of the affected properties within the boundaries of the District, which special BD534 5 01/25/88 A ~ C• benefits are separate and distinct from the general benefits to the Town that will also result therefrom. Said special benefits consist of improvements that enhance the present and/or potential use, convenience, value, reduction in maintenance costs, alleviation of health and sanitation hazards or enjoyment of the property. This finding is made after considering evidence relating to the following factors: (1) The effects upon the appearance and environment of and far 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 ar 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-increasing 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; {6} Unique features of the particular properties; (7} The zoning, uses, and potential uses of the properties in the vicinity of the Improvements; (8) Opinions on the effects upon the fair market values from the Improvements upon properties in the vicinity of the Improvements; (9) The probable influence from the Improvements relating to the protection or preservation of the values of the properties in the vicinity of the Improvements. ~. The Town Council hereby receives and accepts the assessment roll for the District as prepared by the Town's Department of Public Works & Transportation and modified hereby, a copy of which is attached hereto as Exhibit A. 6. The amounts specified in said assessment roll, have been computed according to the method described in Qrdinance No. 10, Series of 1987, and as described in Exhibit B attached ~D534 6 01/25/88 ~ ~ ~~ hereto. The Town Council has heretofore by said Ordinance determined, and by this Ordinance does again determine, that said method of assessment is a fair and equitable one, providing for a reasonable apportionment of the cast of the Tmp~rovements consistent with the benefits conferred. The determination made hereby is reached after weighing the factors specified in Section 20.04.220 of the Code of the Tawn {Section 1--12 of Ordinance No. 9, Series of 1976), after hearing evidence relating to special benefits actually conferred upon the affected properties, including without limitation increased market value, in an amount which shall equal or exceed the maximum amount of the particular assessment to be assessed against each such property, and after considering ail other relevant circumstances. 7. The Town Council hereby determines that as to each lot or tract of real estate said special benefits exceed in value the amounts to be assessed therefor and that said benefits are apportioned among the respective lots or tracts in rough approximation to the benefits conferred. 8. The Town Council hereby finds that the proposed assessments reflected in the assessment roll wi11 be sufficient in the aggregate to cover the portion o£ the total cost o£ the Improvements to be defrayed by the levying of special assessments. 9. Said amounts are hereby assessed against the respective properties as set forth in said assessment roll, and the Town Clerk is hereby instructed so to notify the affected owners. 10. All assessments made in pursuance of this Ordinance shall be due and payable without demand to the Director of Administrative Services on February 19, 1988. 11. A11 such assessments may at the election o£ the owner be paid in installments with interest. Failure to pay the whole assessment on or before February 19, 7.988, 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. Assessments not paid on or before February 19, 1988, shall be payable in ten (14} substantially equal annual installments, beginning August 1, 1988, and continuing thereafter an August 1 a£ each year until and including August 1, 1997, with interest on the unpaid principal .amount at the rate o£ eight and one-half per cent (8.5%} per annum, payable August 1, 1988, and on principal payment dates thereafter. SD534 7 Qlj25j88 c~ c+ c~ 13. There shall be no interest charge or penalty against any assessment, payment of which is made in full to the Director of Administrative Services on or before February 19, ].988. The Town Manager may publish a notice in at least one newspaper published and of general circulation in the Town at least ten (10) days before said date or any installment payment 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 Chapter 20.04 of the Code shall not affect such assessment or any installment thereof, or the lien the Town holds therefor, nor extend the time for payment thereof. 14. The owner of any lot or tract of real estate 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, together with penalties, if any. 15. An assessment or installment thereof shall be considered delinquent if not paid within thirty (30) days after the date set for payment thereof in the provisions of this Ordinance. A delinquency shall cause the whole amount of unpaid principal and accrued interest to become due and payable. Any delinquent assessment or installment shall continue drawing interest as hereinabove provided plus penalty interest at the rate of one and one-half percent (1--1/2%) per month. As soon as any assessment nr 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 December, certify such assessments, along With interest and penalty, to the County 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. However, 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 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. 15. 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 this Ordinance. A lien shall not, however, attach to any tract nr parcel of land so assessed which is owned by the State of Colorado, or any agency, or instrumentality thereof, or any county, municipality, school district, special or quasimunicipal $D534 8 01/25/88 ~ ~ r• district, other political subdivision, or private corporation operating a public utility. As to any subdivisions of any real estate assessed in pursuance of this Ordinance, the assessments shall in each case be a lien upon the individual lots of the subdivision in proportion to their respective shares. The liens for assessments shall be prior and superior to all other liens, claims, encumbrances and titles, whether prior in time or not, and shall constitute such a lien until paid; provided, however, such assessment lien is subordinate and junior to any lien for general taxes and is subject to extinguishment by the sale of any property on account of the nonpayment of general taxes; and provided, further, any such assessment lien on any tract or parcel of land is prior and superior to any assessment lien thereon subsequently levied. 17. After the expiration of thirty (30) days from the effective date of this Ordinance, all actions or suits attacking in any way the proceedings held, the determinations and findings made, and the assessments levied herein, shall be perpetually barred and shall not thereafter be questioned in any court or before any other tribunal. In order far one to have standing to challenge the proceedings in any respect, or the Ordinance adopted, or any assessment levied, he must have asserted his objections in accordance with Section 20.04.200 of the Code of the Town. Review shall be limited to the objections so asserted. If a court of competent jurisdiction sets aside any final assessment, then the Town Council may make a new assessment generally in accordance with the provisions of this Ordinance. Notices and procedures followed need not be in strict compliance with this Ordinance so long as the affected property owner is afforded due process of law. 1$. The officers of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. Z9. All action heretofore taken by the Town and by the officers thereof not inconsistent herewith directed toward the levying of special assessments against properties within the District specially benefited by the construction and installation of the Improvements therein is hereby ratified, approved and confirmed. 20. All acts, orders, ordinances,. resolutions, or parts thereof, of the Town in conflict with this Ordinance 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. 21. If any paragraph, clause or provision of this Ordinance 3s for any reason judicially adjudged invalid or BD534 9 OZ/25/$8 ~ A c~ uz-~enforceable, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses or provisions hereof, the intention being that the various paragraphs, clauses ar provisions hereof' are severable. INTRODUCED, READ BY TITLE, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL this 5th. day of January, 3.988. A public hearing on this Ordinance shall. be held at a regular meeting of the Town Council of the Town of Vazl, Colorado, in the Vail Municipal Building on Tuesday, the 19th day of January, 1988, at the hour of 7:30 p.m., and it is hereby ordered that notice of said hearing be given as required by law. TOWN OE VAXL, COLORADO ~ ~e e~ Mayor (TOWN) (SEAL) °Nxx ST: Town Clerk 1 BD53~ ZO 01/25/$8 ~ A c• EXHIBIT A (Attach Final Assessment Roll) BD534 11 01/25/88 ~ ~ ~~ EXHIBIT B (Attach Description of Method of Apportioning Assessments} The cost of the street improvements to be assessed against the benefited properties shall be apportioned among such properties based upon a formula which considers lot sire and type of property use. Under this formula each property sha7,1 be assessed a percentage of the total cost to be assessed, derived by dividing the area of such property in square feet by the sum of the areas in square feet of all properties to be assessed. For this purpose each improved property used far commercial purposes having no direct access to the streets being improved shall be treated as having an area equal to one--half of its actual area in square feet. The cost of the sanitary sewer improvements to be assessed against the benefited properties sha11 be apportioned equally among such properties. BD534 12 Oi./25/88 A ~ Council Member John Slevin duly seconded the motion, and the question being upon the approval on first reading of said Ordinance, the roll was called with the following result: Council Members voting "Yes": Kent Rose John Slevin Eric Affeldt Gordon Pierce Thomas Steinberg Gail Wahrlich-Lowenthal Council Members voting "No": Merv Lapin Six members of the Council having voted in favor of the approval on first reading of the Ordinance, the Mayor thereupon declared the Ordinance duly approved on first reading and directed that the Ordinance, as approved, be published once in full in The Vail Trail, a newspaper of general circulation within the Town, and legally qualified for Town publications, on January 8, 1988. Thereupon, after consideration of other business to come before the Caunc~.l, the meeting was adjourned. Mayor (TOWN} Town of Vail, Colorado (SEAL} ATTEST' Town Clerk ~~ Town of Vail, Colorado BD534 13 01/25/88 ~ ~ ~~ ~ STATE dF COLORADO ) COUNTY dF EAGLE j ss. TOWN OF ;JAIL ) The Tawn Counca.l of the Town of Vail, Colorado, met in regular session, in full conformity with the Town Charter, ordinances and all ether applicable laws, rules and regulations, at the Municipal Building in Vail, Colorado, the regular meeting place thereof, on Tuesday, the 19th day of January, 1988, at the hour of 7:3Q p.m. The following members of the Town Council were present: Mayor: Mayor Pro Tem: Council Members: Kent Rose John Slevin Eric Affeldt Merv Lapin Gordon Pierce Thomas Steinberg Gail Wahrlich--Lowenthal The fallowing members of the Tawn Council were absent: none The following persons were also present: Tawn Manager: Director of Admini- strative Services: Town Attorney: Town Clexk: Rondall Phillips Charles Wick Lawrence A. Eskwith Pamela A. Brandmeyer The Mayor informed the Council that Ordinance No. 2, Series of 1988, relating to the levying of special assessments against properties within the Town's West Vail Local Improvement District Na. ~. specially benefited by the construction and installation of improvements therein., which was introduced, read by title, approved on first reading and ordered published once in full at a regular meet~.ng of the Town Council held on January 5, 1988, was duly published in full in The Vail Trail, a newspaper of general circulation in the Town, in its issue dated January 8, BD534 14 Q1/25/88 ~ A ~~ 1988, and that the publisher' s affidavit of said publication, is now on file in the office of the Town Clerk. The Mayor then declared that this was the time and place established for a public hearing on said Ordinance. Council Member Merv Lapin moved that the public hearing on and second reading of said Ordinance be deferred until the regular meeting of the Town Council on Tuesday, February 2, 1988. Council Member Thomas Steinberg duly seconded the motion, and the question being upon the deferment of the public hearing on and second reading of said Ordinance, the roll was called with the following result: Council Members voting "Yes" Council Members voting "No": Kent Rose John Slevin Eric Affeldt Merv Lapin Gordon Pierce Thomas Steinberg Gail Wahrlich-Lowenthal none Seven members of the Council having voted in favor of the motion, the Mayor thereupon declared the motion duly adopted. After consideration of other business to come before the Council, the meeting was adjourned. ~ v ~, ~C.. Mayor Town of Vail, Colorado (TOWN) (SEAL} ATTEST: Town Clerk Town of Vail, Colorado BD534 1S 01/25/88 ~ ~ ~• STATE OE COLORADO } COUNTY OF EAGLE ) ss. TOWN Off' VAIL ) The Town Gouncil of the Town of Vail, Colorado, met in regular session, in full conformity with the Tawn Charter, ordinances and all other applicable Laws, rules and regulations, at the Municipal Building in Vail, Colorado, the regular meeting place thereof, on Tuesday, the 2nd day of February, ].988, at the hour of 7:30 p.m. The following members of the Town Council were present: Mayor: Mayor Pro Tem: Council Members: Kent Rose John Slevin Eric Affeldt Merv Lapin Gordon Pierce Thomas Steinberg Gail Wahrlich-Lowenthal The following members of the Town Cou~~n44cil were absent: 1V11~'!{.~~ The following persons were also present: Town Manager: Director of Admini- strative Services: Town Attorney: Town Clerk: Rondall Phillips Charles Wick Lawrence A. Eskwith Pamela A. Brandmeyer The Mayor declared that this was the time and place established for a public hearing on Ordinance No. 2, Series of 3.988, and the meeting was then opened for such purpose. After all persons had-been given an opportunity to speak, the hearing was declared closed. Council Member ~1~~ introduced said ordinance a second time and read the Ordinance by its title, BD534 15 01/25/88 A ~` sufficient copies having previously been made available to the Council and to the public. Counci 1 Member ~l`e1~lt~ moved that said Ordinance be amended on second reading as follows: BD5~4 I7 o1~zs~sa i P1t G E........ ORDINANCE NO. 2 SERIES OF 19$8 + t~ ~ { ~ ~ ~~ ~~~ ~~~ AN ORDINANCE INCLUDING ALL PROPERTY OWNED BY THE TOWN WITHIN TOWN OF VAIL, COLORADO, WEST VAIL LOCAL IMPROVEMENT DISTRICT NO. J., ACCEPTING CERTAIN IMPROVEMENTS CONSTRUCTED AND INSTALLED IN AND FOR THE DISTRICT, DETERMINING THE TOTAL COST THEREOF, DECLARING THAT THE COST OF THE STREET IMPROVEMENTS SHALL BE ASSESSED .AGAINST THE PROPERTY OF THE TOWN AND THAT THE COST OF THE SANITARY SEWER IMPROVEMENTS SHALL BE ASSESSED AGAINST THE PROPERTIES SPECIALLY BENEFITTED THEREBY, RECEIVING, ACCEPTING AND MODIFYING THE ASSESSMENT ROLL APPORTIONING THE CO5T TO BE PAID BY SPECIAL ASSESSMENTS AS AMONG AFFECTED PROPERTIES WITHIN THE DISTRICT, ASSESSING THE COST AS APPORTIONED THEREIN AGAINST ASSESSABLE LOTS OR TRACTS OF LAND WITHIN THE DISTRICT SPECIALLY BENEFITTED BY THE IMPROVEMENTS, PRESCRIBING THE METHOD OF PAYING AND COLLECTING THE ASSESSMENTS, DESCRIBING fiHE LIEN SECURING PAYMENT THEREOF, MAKING NECESSARY FINDINGS WITH RESPECT TO THE SATISFACTION OF ALL CONDITIONS AND REQUIREMENTS `~ RELATING TO THE FOREGOING, LIMITING ACTIONS CHALLENGING THE PROCEEDINGS, AND AUTHORI22NG MAILING OF NOTICE OF REDEMPTION OF CERTAIN TOWN OF C VAIL, COLORADO, WEST VAIL LOCAL IMPROVEMENT C DISTRICT ND. 1 SPECIAL ASSESSMENT BONDS DATED '~ JUNE 1, 1987. WHEREAS, the Tawn Council of the Tawn of Vail, Colorado (the "Town"} has heretofore by Ordinance Na. 10, Series of 1987, authorized and ordered the construction and installation of improvements therein described (the "Improvements"} for Town of Vazl, Colorado, West Vail Local Improvement District No. 1 (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, the Town Council has heretofore by Ordinance No. 13, Series of 1987, issued special assessment bands designated Tawn o£ Vail, Colorado, West Vail Local improvement District Na. 1 Special Assessment Bands, dated June 1, 1987, in the aggregate principal amount o£ $525,000 (the "Bonds"), to pay a portion of the cost of constructing and installing the Improvements and covenanted thereafter to apportion, levy and assess said cost, Tess any portion thereof to be paid by the Town, upon the assessable lots and tracts of land within the District; and SD534 18 01/25/88 ~ ~ r• WHEREAS, the Improvements are now substantially complete; and WHEREAS, the Town Manager has ascertained the total cost of the Tmprovements, less that portion thereof to be paid by the Town and has brought the matter of levying assessments therefor before the Town Council; and WHEREAS, an assessment ro11 for the District, showing the amount of each assessment, has been prepared by the Town's Department of Public Works & Transportation; and WHEREAS, the Town Clerk has heretofore caused a notice in the form prescribed by Section 20.04.180 of the Code of the Town (section 1--11(a) of Ordinance No. 9, Series of 1976) to be mailed by first class postage prepaid mail to the record owners of the affected properties on December 17, 1987 and to be published in The Vail. Trail, a newspaper of general circulation in the Town, in its issues of December l$, 24, and 31, 1987; and WHEREAS, the Town Council has held a public hearing upon proposed special assessments against properties within the District and upon the ordinance by which the same shall be levied, all as required by Chapter 20.04 of the Code and the Charter of the Town, at its regular meetings on January 5, 1988, and February 2, 1988; and WHEREAS, after further deliberation the Town Council ~ has determined that all property owned by the Town, being C specially benefitted by the construction and installation of the Improvements, should be included within the District and that the cost of the street Improvements, to the extent not previously paid by the Town, and a portion of the sanitary sewer Improvements should be assessed against the property owned by the Town sa included within. the District, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Town proposed assessments any given and a public he. therefore that the not Chapter 20.04 of the C Series of 1987, have be+ of this Ordinance. The all other conditions anc relating to the levying within the District have 2. within the Council hereby finds that notice of 3 of a public hearing thereon has been firing held as hereinbe£ore recited and ice and public hearing requirements of ode of the Town and Ordinance No. 10, ~n fully satisfied prior to the adoption Town Council hereby further finds that l requirements of said Code and ordinance of special assessments against properties heretofore been fully satisfied. The Town Council hereby consents to the inclusion District of all property owned by the Town, BD534 19 01/29/88 ~ C• acknowledges that said property has been specially benefitted by the construction and installation of the Improvements in an amount at least equal to the amount of the assessment hereinafter made against such property, waives any and all notices and hearings required in order to include its property within the District and to levy an assessment against such property and any and all defects or irregularities in the proceedings therefor, and agrees to be bound by the assessment so levied. 3. The Town Council hereby includes all property owned by the Town within the District. 4. The Town Council hereby accepts the Improvements constructed and installed in and far the District. 5. The Town Council hereby finds that the total cost o£ the Improvements, including engineering, legal, and incidental costs, is 51,020,000, that of said cost the Town has previously paid $495,000 and borrowed 5525,000 by issuing the Bonds, that the portion thereof to be assessed against the property owned by the Town within the District specially benefitted by the construction and installation of the street Improvements and a portion of the sanitary sewer Improvements is $480,555.55, and that the portion thereof to be assessed against the Lots or tracts of land within the District specially benefitted by the construction and installation of the sanitary sewer Improvements is $44,444.45. 6. The Town Council hereby finds that the ~ Improvements are local improvements which have conferred general j"n benefits upon the Tawn and also special benefits upon the affected properties within the District. Properties proposed to be assessed abut or are in the vicinity of the Improvements and have benefited from the construction and installation thereof. Assessments are to be levied because substantial special benefits have resulted from the Improvements to all of the affected properties within the boundaries of the District, which special benefits are separate and distinct from the genera3. benefits to the Town that will also result therefrom. Said special benefits consist of improvements that enhance the present andjor potential use, convenience, value, reduction in maintenance costs, alleviation of health and sanitation hazards or enjoyment of the prnperty. 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; BD534 20 01/29/88 ~ ~ ~~ (2) The by the properties Improvements; (3) The followed in maki constructed in the availability of the Improvements for use abutting upon or in the vicinity of the type of improvements made and the policy ng assessments or similar improvements 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; (5j The ever-increasing responsibility and changing concept of what is required of the individual property owners at their awn casts under the police power even though the general public also has available to it such Improvements; (6) Unique features of the particular properties; {7j The zoning, uses, and potential uses of the properties in the vicinity of the Improvements; {8) Opinions on the effects upon the fair market values from the improvements upon properties in the vicinity of the Improvements; (9} The probable influence from the Improvements ~ relating to the protection or preservation of the values of the properties in the vicinity of the Improvements, ~_ ~' 7. The Town Council hereby receives, accepts and modifies the assessment roll for the District as prepared by the Town's Department of Public Works & Transportation, a copy of which is attached hereto as Exhibit A. 8. The amounts specified in said assessment roll, insofar as the same relates to the sanitary sewer Improvements, have been computed according to the rnethad described in Ordinance No. 10, Series of 1987, and as described in Exhibit S attached hereto. The Town Council has heretofore by said Ordinance determined, and by this Ordinance does again determine, that said method of assessment is a fair and equitable one, providing for a reasonable apportionment of the cast of the Improvements consistent with the benefits conferred. The determination made hereby is reached after weighing the factors specified in Section 20.p4.220 of the Code of the Town (Section 1-12 of Ordinance No. 9. Series of 1976) after hearing evidence relating to special benefits actually conferred upon the affected properties, including without limitation increased market value, in an amount which equals or exceeds the maximum amount of the particular BD53~k 21 41/25/88 ~ ~ ~~ assessment to be levied against each such property, and after considering all other relevant circumstances. 9. The Tawn Council hereby determines that as to each lot or tract of real estate assessed that said special benefits exceed in value the amounts to be assessed therefor and that said benefits are apportioned among the respective lots or tracts in .rough approximation to the benefits conferred. 1D. The Town Council 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. 11. Said amounts are hereby assessed against the respective properties as set forth in said assessment roll, and the Town Clerk is hereby instructed so to notify the affected owners. 12. Ail assessments made in pursuance of this Ordinance shall be due and payable without demand to the Director of Administrative Services an March 4, 1888. 13. All such assessments may at the election of the owner be paid in installments with interest. Failure to pay the whole assessment on or before March 4, 2388, shall be conclusively considered and held to be an election on the part of such owner to pay in installments the amount a£ the assessment then unpaid. The Tawn shall pay its assessment in full on ~ March 4, 1988, from legally available funds. to C 14. Assessments not paid on or before March 4, 1988, sha11 be payable in ten (10) substantially equal annual installments, beg~.nning August 1, 1988, and continuing thereafter on August 1 of each year until and including August 1, 1997, with interest on the unpaid principal amount at the rate of eight and one-half per cent (8.5%} per annum, payable August 1, 1988, and an principal payment dates thereafter. 15. There shall be no interest charge or penalty against any assessment, payment of which is made in full to the Director of Administrative Services on or before March 4, 1988. The Town Manager may publish a notice in at least one newspaper published and of general circulation in the Town at least ten (10) days before said date or any installment payment date, which notice shall state the place of payment and the tame for it to close. The failure to publish such notice or to do any other act ar thing required by Chapter 2Q.Q4 of the Code shall not affect such assessment or any installment thereof, or the lien the Town holds therefor, nor extend the time for payment thereof. BD534 22 a1J2sj8a A C1 ~.6. The owner of any lot or tract of real estate herein assessed may at any time pay the whole unpaid principal due under this ©rdinance with the interest accrued to the next interest payment date, together with penalties, if any. 17. An assessment or installment thereof shall be considered delinquent if not paid within thirty (30) days after the date set for payment thereof in the provisions of this Ordinance. A delinquency shall cause the whole amount of unpaid principal and accrued interest to become due and payable. Any delinquent assessment or installment shall continue drawing interest as hereinabove provided plus penalty interest at the rate of one and one-half percent (I--1/2%) per month. As soon as any assessment or installment thereof shall became 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 December, certify such assessments, along with interest and penalty, to the County 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 an 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 became due and payable. However, 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 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. tl' 18. A11 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 this Ordinance. A lien shall not, however, attach to any tract or parcel of land so assessed which is owned by the State of Colorado, or any agency, or instrumentality thereof, or any county, municipality, school distract, special yr quasimunicipal distract, other political subdivision, ar private corporation operating a public utility. 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 an proportion to their respective shares. The liens for assessments shall be prior and superior to ail 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 property on account of the nonpayment of general taxes; and provided, further, any such assessment lien on any tract or 8D534 23 01/25/88 01 f ~ ~ parcel of ].and is prior and superior to any assessment lien thereon subsequently levied. 19. After the expiration of thirty (30) days from the effective date of this Ordinance, all 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 be questioned in any court or before any other tribunal. In 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 Section 20.g4.20Q of the Cade 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. 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. 20. The Town hereby exercises its option to redeem the Bands numbered 1 through 96, inclusive, prior to their maturity date, on April 1, 1988, at a price equal to the principal amount of each Bond so redeemed plus accrued interest thereon to the redemption date. Central Bank of Denver, the paying agent for the Bonds, is hereby authorized and directed to gave notice of redemption of said Bands by sending a copy of such notice by certified or registered first-class postage prepaid mail, at least thirty (30) days but not more than sixty (60} days prior to the redemption date, to Kirchner Moore & Company and to the registered owner of each of the Bonds being redeemed, determined as of the close of business on the day preceding the mailing of such notice, at the address appearing on the registration books of the Town. The notice of redemption of the Bonds shall be in substantially the following form: BD534 24 01/29/88 ~ A (Form of Native] NOTICE OF REDEMPTION of TOWN OF VAiL, COLORADO WEST VAIL LOCAL IMPROVEMENT DISTRICT NO. 1 SPECIAL ASSESSMENT BONDS DATED ,3UNE 1, 1987 -- $525, 000 NOTICE I5 HEREBY GIVEN has exercised its option to above-described issue numbered 1 their maturity date, on April 1, principal amount of each Bond so thereon to the redemption date. c~ that the Town of Vail, Colorado redeem the Bonds of the through 96, inclusive, prior to 1988, at a price equal to the redeemed plus accrued interest On, the redemption date there will become due and payable at the office of Central Bank of Denver, Denver, Colorado, the principal amount of each Bond so redeemed plus accrued interest thereon to the redemption date, and from and after the redemption date interest will cease to accrue. Each Bond will be redeemed on or after the redemption date upon presentation and surrender thereof. DATED this day of , 1988. CENTRAL BANK OF DENVER, a banking corporation Q W w Authorized Officer [End of Form of Notice] BDS34 25 01/29/88 ~ n ~~ 21. The officers of the Town are directed to take all action necessary effectuate the provisions of this Drdinance. hereby authorized and or appropriate to 22. Ali. action heretofore taken by the Town and by the officers thereof not incansistent herewith directed toward the levying of special assessments against properties within the District specially benefited by the construction and instai.lation of the Improvements therein is hereby ratified, approved and confirmed. 23. All acts, orders, ordinances, resolutions, or parts thereof, of the Town in conflict with this Ordinance are hereby repealed, e~ccept that this repealer shall not be construed so as to revive any act, order, ordinance, resolution, or part thereof, heretofore repealed. 24. I£ any paragraph, clause ar provision of this Ordinance is for any reason 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. INTRODUCED A SECOND TIME, READ BY TITLE, AMENDED, FINALLY APPROVED AS AMENDED ON SECOND READING, ADOPTED AS ~ AMENDED, AND ORDERED PUBLISHED AGAIN IN FULL this 2nd day of ~ February, 1988. w TOWN OF VAIL, COLORADO Mayor (TOWN } - _, (S'EAL') ,'' ' 4 ~, :n ATTEST; ~. ~~~~ Town Clerk BD534 2fi 01/25/88 ~ A EXHIBIT A (Attach Final Assessment Roll) Street Improvements Town of Vail Sanitary Sewer Improvements Town oi' Vai 1 King Barnhart/Miller Barnhart/Miller Barnhart/Miller Miller Barnhart W. Vail Development Corp. W. Vail Development Corp. $475,000.00 $ 5,555.55 VDS 2 10 5,555.55 VDS 2 11 5,555,55 VDS 2 12 5,555.55 VDS 2 13 5,555.55 VDS 2 14 5,555.55 VDS 2 15 5,555.55 VDS 2 17 5,555.55 VDS 2 18 5,555.55 S~SO.000.00 $525,000.00 t~ CD r. r. ,., BD534 27 01/29/88 .~ + i ~ ^ ' 1 A EXHIBIT B ~~ (Attach Description of Method of Apportioning Assessments) The cost o£ the street improvements shall be assessed against the Towrn of Vail. The cost o£ the sanitary sewer improvements to be assessed against the benefited properties shall be apportioned equally among such properties as described in Exhibit A hereto. ~'? LA .., BD534 28 01/29/88 , ~ ~ c~ ~~ Council Member ~~ duly seconded the motion, and the question being upon the amendment on second reading of said Ordinance, the roll was called with the following result: Council Members voting "Yes": Council Members voting "No" Kent Rose John Slevin Eric Affeldt Merv Lapin Gordon Pierce Thomas Steinberg Gail Wahrlich-Lowenthal N~~ members of the Council having voted in favor of the amendment on second reading of the Ordinance, the Mayor thereupon declared the Ordinance duly amended on second reading. Thereupon, Council Member ~~~_ moved the final approval on second reading of Ordinance No. 2, Series of 1988, as amended. r ,~ Council Member ~I~~CQ. duly seconded the motion, and the question being upon the final approval on second reading of said Ordinance, as amended, the roll was called with the following result: Council Members voting "Yes": Kent Rose John Slevin uric Affeldt Merv Lapin Gordon Pierce Thomas Steinberg Gail Wyahlrlich--Lowenthal Council Members voting "No" : '~/4`~-~~ members o£ the Council having voted in favor of the motion, the Mayor thereupon declared the Ordinance finally approved as amended on second reading and directed that the Ordinance, a$ approved, be published again i:n full in The Vail Trail, a newspaper of general circulation within the Town of Vail anal Legally qualified for Town publications. BD53~k 29 01/25/88 ,~ r ' , w ~ r ~ STATE OF COLORADO } } COUNTY OF EAGLE ) ss. TowN of vAIL ) I, Pamela A. Brandmeyer, the duly elected or appointed, qualif~.ed and acting Tvwn Clerk of the Town of Vaal, Eagle County, Colorado, do hereby certify that the foregoing pages 1 to 29, inclusive, constitute a true and correct copy of the Record of the Proceedings of the Town Council of the Town, taken at regular meetings thereof held at the Municipal Building in Vail, Colorado, on Tuesday, the 5th day of January, 1988, commencing at the hour of 7:30 p.m., on Tuesday, the 19th day of 3anuary, 1988, commencing at the hour of 7:30 p.m., and on Tuesday, the 2nd day of February, 1988, commencing at the hour of 7;30 p.m., as recorded in the official Record of the Proceedings of the Town kept in my office, insofar as said proceedings relate to Ordinance No. 2, Series of 1988; that said proceedings were duly had and taken; that said meetings were duly held; and that the persons were present at said meetings as therein shown. It is hereby further certified that said Ordinance was published in full an The Vail Trail, a newspaper published and having general circulation in the Town and legally qualified for Town publications, on January 8, 1988, and on February 5, 1988, as evidenced by the affidavits of publication attached hereto. IN WITNESS WHEREOF the undersigned has hereunto set her hand and the seal of the Town this a - day of ~~~~ 1988. U~rc-J Town Clerk ' Town of Vail, Colorado BD534 30 01/25/88 ~ ~~ STATE OF COLORADO ) COUNTS OF EAGLE ) s s . TOWN OF VAIL ) (Attach affidavit of publication in full of Ordinance after first read:i.ng and natice of public hearing thereon) BD534 31 0./25/8$ c~ r• STATE Off' COLORADO ) COUNTY OE EAGLE } ss. TOWN OF VAIL ) (Attach affidavit of publication again in full of Ordinance as amended after second reading} BD534 32 01/25/88