Whenever any paving of the street is authorized or ordered by the Town Council its agents or employees, the Town Council may order the owners of the abutting property to connect their premises with the gas, sewer or water main, or with any other utility in the street right-of-way. If connecting to utilities is not feasible, the Town Council may order owners to share in the cost of constructing main line improvements outside of the paved street right-of- way. Upon default of any owner for 20 days after such an order to make the connections, the Town Manager may contract for and make the connections or improvements at the same distance under the regulations and in accordance with the specifications as may be prescribed. The whole cost of each connection or improvement including labor, material, equipment, necessary engineering, legal and publication expenses, shall be ascertained by the town and the cost to each owner shall be determined according to the material used and worked on under the contract in connecting or improving such property to said utilities. The engineering, legal and publication expenses shall be charged in such proportion as each connection or improvement bears to the whole.
(Ord. 14(1988) § 1; Ord. 8(1991) § 14)
Upon the final completion of the work, the governing body shall accept the same by ordinance and provide for an assessment against the properties connected. Thirty days after the last publication of said ordinance, a certified copy of it shall be filed with the County Treasurer of Eagle County, and when so filed, shall operate as a perpetual tax lien in favor of the town and shall be superior to all other liens except general tax liens.
(Ord. 14(1988) § 1)
(A) Installment option. The assessment shall be due and payable within 30 days after final publication of the assessing ordinance without demand except that all assessments at the election of the owner may be paid in installments.
(B) Installments automatic unless paid in full. Failure to pay the whole assessment within said 30 days shall be conclusively considered and held to be an election on the part of the persons interested, whether under disability or not, to pay in such installments. All persons so electing to pay in installments shall be conclusively held and considered as consenting to said improvements and such election shall be conclusively held and considered as a waiver of any right to question the power or jurisdiction of the municipality to construct the improvement, the quality of work, the regularity or sufficiency of the proceedings, or the validity or the correctness of the assessments or the validity of the lien therefor.
(Ord. 14(1988) § 1)
In a case of an election to pay in installments, the cost shall be payable in annual installments over a period not to exceed five years in length and the interest rate shall be the rate charged to large commercial borrowers by major United States banking institutions as reported in the Wall Street Journal on the day of the final reading of the ordinance accepting the work and levying the assessments pursuant to this section.
(Ord. 14(1988) § 1)
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