CHAPTER 4: LOCAL IMPROVEMENT DISTRICTS
Section
8-4-1 Purpose
8-4-2 Definitions
8-4-3 Initiation
8-4-4 Notice requirements; Town Manager duties
8-4-5 Hearing
8-4-6 Order of improvements; prerequisites
8-4-7 Costs when above estimate
8-4-8 Improvement construction
8-4-9 Limitation on actions against project
8-4-10 Assessment procedure
8-4-11 Bonds
8-4-12 Limitation on actions against bonds or ordinance
8-4-13 Hearing notice
8-4-14 Objections; time limit
8-4-15 Participation at hearing
8-4-16 Nonpayment
8-4-17 Connection to utilities required
The provisions of this chapter and the Charter are intended to be the sole laws within the town relating to special and local 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 chapter and the Charter include, by way of illustration but not limitation, the construction or installation of the following: storm sewers and improvements for drainage and flood control; street lighting; curbs; gutters; sidewalks; 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.
(Ord. 9(1976) § 1-1)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFECTED PROPERTY. Real property which is proposed to be or is assessed under a local improvement project.
AFFECTED PROPERTY OWNER. One whose real property is proposed to be or is assessed under a local improvement project.
COSTS OF THE PROJECT. All costs incurred in accomplishing the construction or installation of improvements, including the acquisition of right-of-way, along with associated administrative and overhead charges and expenses.
TOWN MANAGER. The chief executive and administrative officer of the town and/or duly authorized agents.
(Ord. 9(1976) § 1-2)
(A) Order of Town Council. Local improvement projects may be initiated by order of the Town Council, subject to protest by the owners of a majority of all affected property. Implementation of projects generally rests with the Town Manager and his or her agents. The Town Council shall initiate a local improvement project by resolution directing the Town Manager and authorized agents to proceed and stating the Town Council’s intention that the project be initiated.
(B) Initiate by resolution. If a petition is received from more than 50% of the owners of property in the area of a proposed local improvement district, the Town Council shall initiate by resolution the project as specified in the petition.
(C) Affected parties notified. The Town Manager may hold such administrative hearings relating to a proposed improvement project as the Town Manager deems appropriate. The hearings may be used to inform affected property owners about the contemplated project, the assessments proposed and obtain their reactions thereto. The Town Manager shall use whatever procedures he or she determines to be appropriate to inform affected property owners of the administrative hearing(s).
(Ord. 9(1976) § 1-3)
If the Town Council determines to pursue a local improvement project, or if a 50% petition has been filed, and the Town Manager has been directed to proceed with implementation, the Town Manager will be responsible for the duties set forth in this section.
(A) Publication; contents of notice. The Town Manager shall have notices published in a newspaper of general circulation in the town. One notice shall be published not more than 24, 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 the assessments;
(5) The assessments which are proposed to be levied against affected properties and circumstances which might occur which could result in 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. 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 office 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 the property owner’s right under Charter § 10.8. It must be in writing, it must be clearly denominated as a protest, it must include a description of the affected property, and it must be signed by the property owner(s) or someone authorized on the property owner’s behalf. A protest will be received and honored by the Town Council if it meets these provisions 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; and
(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.
(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 inspected and reviewed; and
(10) That members of the general public and affected property owners will have an opportunity to present their views, objections and remonstrances about the project, or any part of it, at the hearing.
(B) Notification to property owners. A copy of the notice described in subsection (A) of this section shall be mailed, postage prepaid, as first class mail, not more than 23, nor less than 14 days prior to the date of the hearing before the Town Council to the owners of the affected properties. Included with the notice shall be a form entitled “protest”, that the owner(s) may complete and return to the Manager to exercise the property owner’s 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 shall be sufficient where it has been mailed, postage prepaid, as first class mail, within the time set forth in this section, 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.
(Ord. 9(1976) § 1-4(a, b))
(A) Inform Council. Prior to the hearing, the Town Manager may inform the Town Council by written memoranda about the project. At or before the hearing, the Manager will inform the Town Council concerning such compliance with § 8-4-4 of this chapter. Any information in writing furnished to the Town Council prior to the hearing will be available as set forth in § 8-4-4(A)(9) of this chapter.
(B) Presentation by Town Manager and affected persons. 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 comments.
(C) Possible continuation. The hearing may be continued from time to time. If continued, further or additional notices will not be required.
(D) Protests submitted; ruling by Council. Protests lodged in accordance with § 8-4-4 of this chapter will be submitted by the Town Manager. The Town Council will rule upon their validity and sufficiency. If the Council determines that the valid protests exceed 50% of the affected property owners, the Council shall find that the project will not be completed, except as it may be built with funds of the town. The specific ruling on the protests as submitted shall be included in the ordinance under § 8-4-6 of this chapter if the Council authorizes the construction of the improvements.
(Ord. 9(1976) § 1-5)
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