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TC Ord. No. 23-02 Referring the Establishment of a Downtown Development Authority to a Special Election and Amending the Avon Municipal Code to Adopt Title 4 - Avon Downtown Development AuthorityAvon COLORADO ORDINANCE NO.23-02 REFERRING THE ESTABLISHMENT OF A DOWNTOWN DEVELOPMENT AUTHORITY TO A SPECIAL ELECTION AND AMENDING THE AVON MUNICIPAL CODE TO ADOPT TITLE 4 — AVON DOWNTOWN DEVELOPMENT AUTHORITY WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon ("Town"), the Avon Town Council ("Council") has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to C.R.S. §31-25-801, et seq., Council, by ordinance, may submit the question of the establishment of a Downtown Development Authority to the qualified electors within the proposed Downtown Development Authority boundary; and WHEREAS, pursuant to Article, Section 20 of the Colorado Constitution and C.R.S. §31-25- 804, any tax or other matters arising under Article, Section 20 of the Colorado Constitution are required to be approved by the qualified electors within the boundaries of the proposed Downtown Development Authority; and WHEREAS, Downtown Development Authorities are quasi -governmental entities that provide organizational focus and financing to support downtown economic developments and improvements; and WHEREAS, an active central business district contributes to the vibrancy and success of the Town for both residents and visitors as a civic, historic, cultural, and economic focal point; and WHEREAS, blighted areas within the Town's central business district substantially impair the sound growth of the Town's central business district; and WHEREAS, the Town of Avon Planning and Zoning Commission adopted a Downtown Development Authority Plan WHEREAS, Council finds and determines it is necessary to establish a Downtown Development Authority, which will, among other things, (a) promote the public health, safety, prosperity, security, and general welfare of the inhabitants thereof and the people of the State of Colorado, (b) serve a public use, (c) halt or prevent the deterioration of property values or structures within the Town's central business district, (d) halt or prevent the growth of blighted areas within the Town's central business district, (e) will assist the Town in the development and redevelopment of the Town's central business district and in the overall planning to restore the Town's central business district, and (f) will be of special benefit to the property within the proposed boundaries of the Downtown Development Authority; and Ord 23-02 Downtown Development Authority Page 1 of 3 WHEREAS, Council finds and determines it is necessary to submit the question of the establishment of a Downtown Development Authority a vote of the qualified electors within the proposed Downtown Development Authority boundary. 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. Establishment of Boundaries. The area within the proposed boundaries of the Avon Downtown Development Authority, as described in "EXHIBIT A: Legal Desciption" and depicted in "EXHIBIT B: Avon Downtown Development Authority Map", attached and incorporated by this reference, is and traditionally has been the location of the principal business, commercial, financial, service, and government center of the Town, and is and has been zoned and used accordingly. Such area is established as being within the "central business district" and "downtown" area of the Town as defined by C.R.S. §31-25-801, et seq. Section 3. Election Call. A special election of qualified electors of the proposed Downtown Development Authority shall be conducted on August 29, 2023, pursuant to the authority and requirements of the Avon Town Charter and C.R.S. §31-25-801, et seq. Such special election shall be held as a mail ballot election in accordance with the laws of Colorado, except as otherwise provided in the Charter or ordinances of the City. The Town Clerk shall be the designated election official. Section 4. Ballot Ouestion No. 1. At the August 29, 2023 special election, there shall be submitted to the qualified electors of the proposed Downtown Development Authority the following ballot question in substantially the following form: Ballot Question No. 1: ESTABLISHING AVON DOWNTOWN DEVELOPMENT AUTHORITY SHALL THE AVON DOWNTOWN DEVELOPMENT AUTHORITY BE ESTABLISHED IN ACCORDANCE WITH TOWN OF AVON ORDINANCE NO 23-02? Section 5. Avon Downtown Development Authority. Upon approval by a majority vote of the qualified electors voting at the election for the establishment of the Avon Downtown Development Authority, the Avon Downtown Development Authority shall be a body corporate and political subdivision with all the purposes and powers now or hereafter authorized by C.R.S. §31-25-801, et seq., and all additional and supplemental powers necessary and convenient to carry out and effectuate its purposes, and such other powers and authority as provided by law, in accordance with and subject to Avon Municipal Code Title 4 — Avon Downtown Development Authority. Section 6. Title 4 — Avon Downtown Development Authority. Title 4 — Avon Downtown Development Authority is hereby adopted in its entirety as set forth in EXHIBIT C: TITLE 4 — AVON DOWNTOWN DEVELOMPENT AUTHORITY attached hereto. Ord 23-02 Downtown Development Authority Page 2 of 3 Section 7. 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. 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 8. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 9. Safety Clause. 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. Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on June 13, 2023, and setting such public hearing for June 27, 2023 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on June 27, 2023. WX Phillips, Mayor APPROVED AS TO FORM: A1 �a Wilton' . Anderson, Town Attorney ATTEST: Miguel Jauregui OFA-"11 eva, wn 1 �ULORA� Ord 23-02 Downtown Development Authority Page 3 of 3 EXIiIBIT A: Le al Description inter -mountain ,. NGINEERING Civil Engineers & Surveyors TOWN OF AVON DDA LAND DESCRIPTION -NORTH OF 1-70 A parcel of land located in part of Sections 7 and 8, Township 5 South, Range 81 West of the Sixth Principal Meridian. Also being North of the Interstate 70 right-of-way beginning at the Southernmost point of Tract I, Village at Avon Filing 3 and the West right-of-way line of William J. Post Boulevard. Thence Northwest along the West line of Tract I and Tract B, Village at Avon Filing 3 to the Northwest corner of Tract B; Thence Northeast along the North line of Tract B to the Northwest line of Tract F; Thence Northeast to the North corner of Tract F and the Swift Gulch right-of-way; Thence Southeast along the South right-of-way of Switch Gulch to the southeast corner of Tract I on the west right-of-way line of Post Boulevard; Thence Northeast across Swift Gulch Road to the Northwest corner of Avon Landing; Thence Northeast to the Northernmost corner of Block 2, Avon Landing; Thence southeast to the Northeast corner of Block 3, Avon Landing; Thence continuing on the North line of Block 3 to the Northeast corner of Block 3; Thence South along the East line of Avon Landing to the Southeast corner of Block 4, Avon Landing and a point on the north right-of-way line of Interstate 70; Thence continuing Northwest along the South line of Block 4, Avon Landing and the right- of-way line to the Southwest corner of Block 4 also being the Southeast corner of Lot 2, Stolport Station Subdivision; Thence continuing Northwest along the South line of Stolport Station Subdivision to a point on the South right-of-way line of Post Boulevard; Thence Northwest across Post Boulevard right-of-way to the point of beginning. TOWN OF AVON DDA LAND DESCRIPTION -SOUTH OF 1-70 A parcel of land being part of Section 7, Township 5 South, Range 81 West and Sections 1, 2, 11, and 12, Township 5 South, Range 82 West of the Sixth Principal Meridian. Also being South of the Interstate 70 right-of-way beginning at the Westernmost corner of Tract G, Village at Avon Filing 1 on the Southeast right-of-way line of Tract A, Post Boulevard, also VAIL VALLEY OFFICE 30 Benchmark Road, Suite 216, PO Box 978 Avon, CO 81620 DENVER OFFICE 9618 Brook Hill Lane Lone Tree, CO 80124 970.949.5072 info@inter-mtn.net EXHIBIT A: Legal Description TOWN OF AVON DDA LAND DESCRIPTION -SOUTH OF 1-70 (CONTINUED) being the most easterly corner of Tract A; Thence Southwest along the Southeast line of Tract A to the Northernmost corner of Lot 5, Village at Avon Filing 1; Thence Southwest along the North line of Lot 5 to the North line of the Denver and Rio Grande Western Railroad right-of-way; Thence West along the North line of the railroad right-of-way to the Easternmost point of Tract D, Village at Avon Filing 1; Thence Northwest along the North line of Tract D and the South right-of-way line of Yoder Avenue to the intersection with the East right-of-way line of Post Boulevard; Thence Southeast along the East right-of-way line of Post Boulevard to the North right-of- way line of the Union Pacific Railroad; Thence Northwest along the North right-of-way line of the Railroad to the Southwest corner of Lot 1, Village at Avon Filing 1, also being the southeast corner of Chapel Square Subdivision; thence continuing northwest along the northerly Railroad right of way line to a point on the southerly boundary line of Tract B-1 of A Resubdivision of Tract B, Chapel Square Subdivision at its intersection with the extension of the East boundary line of Lot 2 of Lot 1/2, Nottingham Station Subdivision; Thence continuing Southwesterly along the East boundary line of Lot 2 and its extension to the Southerly right-of-way line of Hurd Lane; Thence Northwest along the South right-of-way line of Hurd Lane and its extension to a point on the West right-of-way line of Avon Road; Thence Northwest along the West right-of-way line of Avon Road to the Southeast corner of Avon Town Square Commercial Condominiums on the North right-of-way line of the railroad right-of-way; Thence Northwest along the North right-of-way line of the railroad to the East right-of-way line of Lake Street; Thence Northeast along the East right-of-way line of Lake Street to the intersection with West Beaver Creek Boulevard right-of-way; Thence across Beaver Creek Boulevard to the Southernmost corner of Greenbriar Condominiums; Thence Northeast along the East line of Greenbriar Condominiums to the South line of the Interstate 70 right-of-way line. Thence Southeast along the South line of the Interstate 70 right-of-way to the Northeast corner of Lot 1, Village at Avon Filing 1; Thence Southeast along the East line of Lot 1 to the North line of Post Boulevard, Tract A, Village at Avon Filing 1; Thence Southeast along the North line of Tract A, the North right-of-way line of Post Boulevard to the point of beginning. 2 EXHIBIT A: Legal Description TOWN OF AVON DDA LAND DESCRIPTION. ADJACENT TO NOTTINGHAM ROAD A parcel of land being a part of Section 1 and 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado. Beginning at the East corner of Lot 1, Block 1 of Benchmark at Beaver Creek; thence Northwest along the Southwest boundary of Block 1 to the West corner of Lot 4; Thence Northeast along the Northwest boundary of Lot 4 to the North corner of Lot 4, also being a point on the South boundary line of Nottingham Road; Thence Southeast along the South boundary line of Nottingham Road to its intersection with the extension of the Northwest boundary line of Lot 67, of the resubdivision of Lots 67 and 68, Block 1, Benchmark at Beaver Creek; Thence Northeast across Nottingham Road along the Northwest boundary of Lot 67 and its extension to the North corner of Lot 67, also being the South boundary of Swift Gulch Road; Thence Southeasterly along the South boundary line of Swift Gulch Road to the East corner of Lot 68 of the resubdivion of Lots 67 and 68, Block 1, Benchmark at Beaver Creek; Thence Southwest along the Southeast boundary of Lot 68 to the South corner of Lot 68 also a point on the North right-of-way boundary line of Interstate Highway 70; Thence continuing along the North right-of-way boundary line of Interstate Highway 70 to the point of beginning. AVW4 RD EXHIBIT C - TITLE 4 - Avon Downtown Development Authority Title 4 - Avon Downtown Development Authority 4.04 Establishment. There is hereby established the Avon Downtown Development Authority, which shall be referred to as the Avon DDA. 4.04.010 Purpose. The purposes of the Avon DDA are set forth generally in the DDA Statutes and set forth more specifically in the DDA Plan. 4.04.020 Authority. The Avon DDA shall have all authority set forth in the DDA Statutes and all authority under the Town of Avon's Home Rule Charter, 4.04.030 Interpretation. The DDA Statutes and this Title 4 shall be liberally construed to effect the purposes and objects of this Title 4. This Title 4 shall supersede the DDA Statutes in the event of any conflict. 4.08 Definitions. The definitions set forth the in DDA Statutes shall apply unless the conflict with any provision in this Title 4. Avon DDA means the Avon Downtown Development Authority as authorized and defined in C.R.S. §31- 25-801 et. seq. DDA Board means the board of the Avon DDA DDA Plan means the plan of development document for the Avon DDA that is required to be adopted in the DDA Statutes. DDA Statutes means C.R.S. §31-25-801 et. seq. TIF means tax increment financing 4.12 Duties. The DDA Board shall have the following duties: 4.12.010. Review and Approval Authority, (1) DDA Plan, The DDA Board shall review and adopt a DDA Plan, which shall be subject to concurring Council approval. (2) DDA Budget. The DDA Board shall review and adopt the annual DDA budget, and any revisions thereto, which shall be subject to concurring Council approval. (3) Plan of Development Area. The DDA Board shall review any Plan of Development Area and shall provide recommendations to the Council on the adoption of any Plan of Development Area. 4.12.020 Public Hearing. The DDA Board shall conduct a public hearing prior to taking action to adopt a DDA Plan, adopt the annual DDA budget or any amendments thereto, or adopt a recommendation on a Plan of Development Area. EXHIBIT C — TITLE 4 — Avon Downtown Development Authority 4.12.030 Criteria for Actions. The DDA Board shall consider whether proposed actions support or advance the purposes of the DDA Plan, DDA Statutes, or Avon Comprehensive Plan which considering any actions within the review and approval authority of the DDA Board, 4.12.040 Time for Action. The DDA Board shall take action on the adoption of the DDA Plan or recommendation of a Plan of Development Area within seventy-five (75) days of referral of such documents and shall take action on the annual budget or any amendments to the annual budget within forty-five (45) days of referral of such document, The failure to take action to adopt or recommend a document referred to the DDA Board within the defined timeframe shall be deemed an approval of the DDA Board unless Council extends the time for such action. 4.16 Relationship to Council. The actions of the DDA Board shall be subject to review and approval of Council: (1) DDA Plan. The adoption of the DDA Plan and any amendments to the DDA Plan by the DDA Board shall be subject to approval by Council. (2) Budget, The adoption of the annual budget and any revisions to the annual budget for the DDA shall be subject to approval by Council, Council shall have the authority to adopt the DDA budget as may be required for to satisfy debt payments and contractual terms. (3) Plan of Development Area. The approval of a Plan of Development Area which receives DDA TIF funding by the Avon DDA shall be approved by Council after considering recommendations of the DDA Board. 4.20 Board Membership. The DDA Board shall be composed of five (5) to eleven (11) members appointed by the Council, which shall include one (1) member of Council. 4.24 Qualifications of DDA Board Members. The qualifications of DDA Board members are set forth in the DDA Statutes. 4.28 Quorum. A majority of the duly appointed members of the DDA Board shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date, In the absence of all members, any staff member shall adjourn any meeting to a later time or date. 4.32 Term. The term of office for a DDA Board member shall be four (4) years on an overlapping tenure. The initial terms shall be staggered as set forth in C.R.S. §31-25-805(2). 4.36 Vacancies. A vacancy on the DDA Board shall occur whenever a member of the DDA Board is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns, ceases to be a qualified member of the DDA Board or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. EXHIBIT C - TITLE 4 - Avon Downtown Development Authority 4.40 Removal from Office, A members of the DDA Board may be removed for misconduct, conduct unbecoming of a Town official, violation of the Town's code of ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period, Prior to removal, Council shall conduct a hearing and shall provide written notice to the DDA Board member stating the grounds for removal at least three (3) days prior to the hearing, 4.44 Officers. The DDA Board shall select its own chairperson, a vice chairperson and a secretary from among its members, The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of its meeting. In the absence of both the chair and the vice chair from a meeting, the members present shall appoint a member to serve as acting chair at the meeting. 4.48 Compensation, All members of the DDA Board shall serve with compensation at a rate established annually by the Council and shall be reimbursed for all authorized personal expenses incurred while performing duties as a DDA Board member. 4.52 Staff, The Town Manager shall serve as the Executive Director of the DDA Board and shall provide for the service of a recording secretary who shall act in the capacity of secretary for the DDA Board. 4.56 Rules and Requlations. The DDA Board shall operate in accordance with its own rules of procedure as provided for in Section 11.2 of the Town Charter; provided, however, that the DDA Board shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by the DDA Board or disapprove the proposal with directions for revision and resubmission, The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection. The DDA Board may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. 4.60 Meetings. The DDA Board shall meet in accordance with the rules of procedure governing the Avon DDA and otherwise upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. 4.64 Authority to Retain Consultants. The DDA Board may request the Town to retain the services of one (1) or more consultants, provided that funds have been appropriated by the Town for said purpose, to advise and assist the DDA Board in performing the functions prescribe in this Title 4. The consultants may be retained to advise the DDA Board on a single project, on a number of projects or on a continuing basis.