TC Resolution 24-03 Approving The Expenditure Of Community Enhancement Funds From Holy Cross Energy As Provided For In Article 11, Town of Avon Ordinance 01-01Avon
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RESOLUTION 24-03
APPROVING THE EXPENDITURE OF
COMMUNITY ENHANCEMENT FUNDS FROM HOLY CROSS ENERGY
AS PROVIDED FOR IN ARTICLE 11, TOWN OF AVON ORDINANCE 01-01.
WHEREAS, the Town Council of the Town of Avon, Colorado, has approved Ordinance 01-01,
Series of 2001 which granted a franchise to Holy Cross Energy; and
WHEREAS, Article I of Ordinance 01-01 provides that Holy Cross Energy will voluntarily
make monetary resources available to the Town for programs designed to make a difference in
people's lives and the communities in which they reside; and
WHEREAS, Section 11.1 of Ordinance 0 1 -0 1 limits the use for which such funds shall be
spent shall to: (1) Beautification projects; (2) Energy conservation projects; (3) Equipment
and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition of open space
and/or park land and development thereof; (6) Sponsorship of special community events;
and, (7) Undergrounding of overhead electric and other utility lines. Funds made available
under this Article may be spent for other purposes only with the express written consent of
the Company; and
WHEREAS, Section 11.4 of Ordinance 01-01, provides that the Town Council is required to
approve the expenditure by resolution or ordinance duly enacted by the Town Council, and
such resolution or ordinance shall clearly describe the nature and purpose of the project for
which the expenditure is made and that prior to any expenditure, the Town shall notify the
Company of its intended use of the funds. Unless the Company objects, in writing, prior to
such expenditure, the Company shall have waived its right to object in the future if the funds
are expended for the use identified in the notice.
NOW, THEREFORE, IT IS RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT:
Section 1. The Avon Town Council approves utilizing the Holy Cross Enhancement Funds as
shown in Exhibit A and Attachment B attached hereto. The Town Council believes that the
expenditure of these funds meets the intent and purpose of Article 11 of Ordinance 01-01 and
the projects as described in Article 11.1 hereof.
Section 2. Town staff will forward this resolution to Holy Cross Energy to comply with
Section 11.4 of Ordinance 01-01, Series of 2001.
ADOPTED FEBRUARY 13, 2024 BY THE AVON TO
c /
BY: Attest: 6
tmyPhillips, Mayor Mig
Resolution No. 24-03
February13,2024
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EXHIBIT A
HOLY CROSS ENERGY COMMUNTIY ENHANCEMENT FUND
PROPOSED PROJECT
Proposed Project:
2024 NET ZERO BUILDING CONFERENCE
The Town is organizing a FREE, Informative Net -Zero Building Expo Focusing on sustainable
building projects, net -zero construction, retrofitting, and more! This event will take place on
April 8, 2024 at The Westin Riverfront Resort and Spa, located in Avon, Colorado.
This Net -Zero Building Expo will feature local vendors and keynote speakers to share the
exciting process of developing a net -zero Eagle County community. We hope to have as
many as 150 attendees and 16 vendors.
Avon
SAVE THE DATE:
A P R I L 8, 2024
TOWN OF AVON NET ZERO
BUILDING EXPO
A FREE, informative event focusing
on sustainable building projects, •
net -zero construction, retrofitting,
and more! Light beverages and
food will be provided. Additional
information and details to follow.[Nil
Z' a
1:00 PM
� r
he Westin Riverfront Resort 1AVOn`��
and Spa
IS
Avon, Colorado '+:1 •
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Schedule of the Day
12:30 pm - Door open & check in
1:00 - 1:10 pm - Event starts
1:10 - 1:45 pm - First Speaker + Q&A
1:45 - 2:20 pm - Second Speaker + Q&A
2:20 - 2:30 pm - Break
2:30 - 3:05 pm - Third Speaker + Q&A
3:05 - 3:50 pm - Interactive Panel, Food &
Drinks + Vendor Exhibits + Networking
4:45 pm - Raffle Prizes Announcement +
Closing Remarks
ATTACHMENT B
COMMUNITY ENHANCEMENT FUND HISTORY
Original
Revised
Calendar
Amount
Budget
Budget
Actual
Ending
Year
Received
Budget Request
Amount
Amount
Expenditure
Balance
2001
$ 4,000
$ -
$ -
$ -
$ 4,000
2001'
32,356
-
-
-
36,356
2002'
42,824
-
-
-
79,180
2003'
44,766
-
-
-
123,946
2004'
50,664
-
-
-
174,610
2005'
60,699
-
-
-
235,309
2006
64,133
-
-
-
299,442
Purchase of Wind Power
60,000
-
-
2007 2
62,907
Energy Audit
-
28,000
26,252
336,097
Whitewater Rodeo
36,000
36,000
36,000
LED Holiday Lighting
10,800
10,800
10,800
2008
74,585
Appraisal for Open Space
15,000
15,000
15,000
348,882
Fleet Maintenance Lighting
20,000
20,000
20,000
Ironkids
30,000
30,000
30,000
2009
70,136
LED Holiday Lighting
10,000
10,000
10,000
359,018
Avon Rec Center Lighting
40,000
29,000
29,000
Ironkids
20,000
20,000
20,000
Nottingham Park Pavilion 3
200,000
40,000
40,000
2010
71,067
Fishing Pier
20,000
20,000
20,000
321,085
Ironkids
10,000
10,000
10,000
World Alpine Championships
50,000
-
-
2011
74,383
Undergrounding 4
100,000
-
-
385,468
2012
72,862
Mall Improvement Project 5
250,000
-
-
Undergrounding 4
100,000
-
-
458,330
2013
84,398
Heat Recovery Expansions
350,000
-
-
542,728
2014
78,268
Nottingham Park Restrooms
275,000
-
-
Avon Mall Improvement
-
608,000
608,000
12,996
2015
77,473
Nothing Budgeted
-
-
-
90,469
2016
71,736
Undergrounding
100,000
-
-
62,205
2017
78,545
Undergrounding
158,000
142,000
140,750
-
2018
83,009
Undergrounding
80,000
80,000
-
83,009
2019
83,072
Nothing Budgeted
-
-
-
166,081
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ATTACHMENT B
COMMUNITY ENHANCEMENT FUND HISTORY
2020
81,392
Dancing in the Park
- 30,000 -
247,473
2021
82,448
Undergrounding
120,000 - -
329,921
W. Avon Preserve
28,500 28,500 28,500
301,421
Dancing in the Park
30,000 - -
301,421
2022
87,665
Undergrounding
120,000 - -
389,086
Building Electrification Conference
16,000 - 11,312
377,774
2023
91,103
Undergrounding
120,000 - -
468,877
Building Electrification Conference
20,000 - -
468,877
2024
90,000
Undergrounding
100,000 - -
458,877
Building Electrification Conference
20,000 - -
438,877
Notes:
1) Amounts received from 2001-2005 were accounted for in the General Fund. In 2006 a separate fund was established
for the Community Enhancement monies. A transfer from the General Fund in the amount of $235,309 was made to
establish the new Community Enhancement Fund. Because of an oversight, the amount transferred was $2,000 more
than the actual amounts received from 2001 -2005.
2) In 2007, the Town budgeted $60,000 for purchasing wind power. It was subsequently learned that the use of
Community Enhancement funds was not allowed for this purpose. Subsequently, $26,252 was used for an energy audit
of the Town's facilities.
3) The Nottingham Park Pavilion project for which Community Enhancment funds were approved in the amount of
$200,000, was subsequently removed from the Town's long-range CIP program due to the cost of the project and lack of
Town funds available. A total of $40,000 in Community Enhancement funds was used for the design cost, with the
remained turned back as unused.
4) The US Hwy 6 Trail undergrounding project has been delayed due to high project costs related to the Eagle Valley
Trails projects.
5) The Mall Improvement Project was delayed due to the impending development of Lot 61
6) The original proposal to extend the Town's Heat Recovery system along the length of the Mall and connect with the
Wyndham and Avon Station was re-evaluated during the process for approving the Wyndham development on Lot 61.
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