TC Ord. No. 2016-10 Authorizing the Acquisition of a Real Property Interist in Lot 1B, Buck Creek Sudivision, Town of AvonA
Avon
COLORADO
TOWN OF AVON, COLORADO
ORDINANCE NO. 16 -10
AUTHORIZING THE ACQUISITION OF A REAL PROPERTY INTEREST IN
LOT 1B, BUCK CREEK SUBDIVISION, TOWN OF AVON
WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council
may accept conveyances of real property to the Town; and
WHEREAS, the Eagle River Fire Protection District and the Town of Avon entered into a
1NTERGOVERMENTAL AGREEMENT FOR A JOINT FIRE- POLICE STATION FACILITY
BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION
DISTRICT ( "IGA ") and a Second Amendment to the IGA which set forth the intentions, terms
and purchase price for the Town of Avon to acquire an interest in Lot 1B, Buck Creek
Subdivision, Avon, Colorado ( "Property ") in order to construct a joint facility comprised of a
regional fire station and a municipal police station on the Property ( "Joint Public Safety
Facility "); and,
WHEREAS, in accordance with the terms of the IGA, the Eagle River Fire Protection
District and the Town of Avon each referred ballot measures to authorize the financing of each
party's respective portion of the Joint Public Safety Facility and both ballot measures were
approved by the voters for each party's respective jurisdictions on May 3, 2016; and,
WHEREAS, the outstanding balance of the Eagle River Fire Protection District promissory
note to the Town of Avon after June 1, 2016 is $540,000.00, and pursuant to the IGA, the Town
of Avon may apply the outstanding balance of the promissory note as a credit against the
purchase price of a real estate interest in the Property, thereby reducing the cash to be paid to
$312,042.33; and,
WHEREAS, the Avon Town Council finds that the ownership, construction, occupancy,
operation and maintenance of the Town's portion of the Joint Public Safety Facility will establish
a better location for emergency response, will provide a modem facility that is appropriately
sized to meet the needs of the Avon Police Department for the next forty years and more, will
achieve economies of scale and reduce costs by constructing with the Eagle River Fire Protection
District, will promote enhanced coordination of emergency response between the Avon police
and Eagle River Fire Protection District due to the shared Property location, and will thereby
promote the health, safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that
the Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding this Ordinance and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance.
Ord 16 -10 Accepting Undivided Interest to Lot 1 B, Buck Creek Subdivision
FINAL June 14, 2016
Page 1 of 3
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Property Acquisition Authorized. The Town Council hereby authorizes the
acquisition of an undivided interest in Lot 1B, Buck Creek Subdivision, Town of Avon,
Colorado. The form of the Special Warranty Deed attached as Exhibit A: Special Warranty
Deed conveying an undivided interest in the Property is hereby approved by the Town. The
Town Council hereby authorizes the Mayor, Manager and Town Clerk to pay consideration and
related closing costs, execute and sign any documents related to the closing and conveyance of a
real estate interest in the Property to the Town, including but not limited to extinguishment of the
Eagle River Fire Protection District promissory note, dated June 8, 2015, subject to review of all
documents by the Town Attorney. The Town Council hereby authorizes the Town Manager to
negotiate, amend and finalize the terms of the Intergovernmental Agreement Concerning the
Ownership, Construction, Operation and Maintenance of the Joint Fire - Police Station Facility
Between the Town of Avon and the Eagle River Fire Protection District, subject to review and
approval by the Town Attorney.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
Ord 16 -10 Accepting Undivided Interest to Lot 1B, Buck Creek Subdivision
FINAL June 14, 2016
Page 2 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 24, 2016 and setting such public hearing for June 14, 2016 at the Council
Chambers of the Avon Municipal Building, located at One Lake Strcet, Avon, Colorado.
+PEDATTEST:
Mayor Debbie Hoppe, Town Clerk
OND AND FINAL READING on June I4, 20.16.
ATTEST:
Je nt ancher, Mayor Debbie Hoppe, ToWn Clerk
Eric . He' , o Attorney
Ord I6 -10 Accepting Undivided Interest to Lot 1 H, Ruck Creek Subdivision
FINAL June 14, 2010
Page 3 of 3