TC Resolution 24-20 Approving The Expenditure Of Community Enhancement Funds From Holy Cross Energy As Provided For In Article 11, Town of Avon Ordinance 01-01A
Avon
COIOfl ADO
RESOLUTION 24-20
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 11 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 JULY 9, 2024 BY THE AVON TOWN COUNCIL
By: Attest:
#mylips, Mayor Miguel Jauregui
Resolution No. 24-20
July 9, 2024
Page 1 of 1
`�`OLO�aO
EXHIBIT A
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
Undergrounding4
100,000
-
-
385,468
2012
72,862
Mall Improvement Project 5
250,000
-
-
Undergrounding 4
100,000
-
-
458,330
2013
84,398
Heat Recovery Expansion 6
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
Page 1
EXHIBIT A
COMMUNITY ENHANCEMENT FUND HISTORY
2019
83,072
Nothing Budgeted
- -
- 166,081
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 -
- 348,877
Building Electrification Conference
20,000 -
348,877
2024
90,000
Undergrounding
100,000 150,000
- 288,877
Building Electrification Conference
20,000 -
14,277 274,600
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.
Page 2
3799 HIGHWAY 82 • P.O. DRAWER 3350
GLENWOOD SPRINGS, COLORADO 81602
(970) 945-5491 • FAX (970) 945-4081
May 29, 2024
Town of Avon
ATTN: Nicole Mosby
PO Box 975
Avon, CO 81620
RE: AVON PARK - RAILROAD OH TO UG CONVERSION
Dear Nicole,
Holy Cross Energy has completed an updated design and cost estimate for relocating the power lines for
the above referenced project, hereinafter the "Project". Our facilities will be installed as shown on the
attached sketch. This Contract Letter Agreement shall replace the prior Contract Letter Agreement dated
January 26, 2022. The owner or developer of the subject Project is hereinafter referred to as the "Owner".
Owner's total estimated cost of construction
as a non -recoverable contribution
(Includes credit for relocated transformers) $124,000
Holy Cross's total estimated cost of investment
In system improvements $20,000
Total estimated Project cost
$144,000
The above figures are only estimates. After the job has been completed, the actual cost of construction
will be determined. The Owner's contribution and the Holy Cross Investment will be adjusted
accordingly. Execution of this document constitutes the Owner's agreement to pay the full amount of the
contribution in a timely manner.
Holy Cross Energy understands that it is the Owner's intent to pay for some or all the Owner's costs
associated with this project out of the Owner's Community Enhancement Fund. As such, Holy Cross
Energy requests that the Owner notify us in writing, contemporaneously with the payment, that the funds
indeed come from the Owner's Community Enhancement Fund.
The Owner has already granted an easement to Holy Cross Energy for the Project dated June 20, 2022, and
recorded at Reception No 202212090, however, the project design was altered by the Owner rendering
that easement inaccurate and insufficient. Please execute and return the enclosed updated easement
document.
Eagle River Water and Sanitation District has already granted an easement to Holy Cross Energy, that is
accurate and sufficient for the portion of the Project to be installed on their land, dated March 24, 2022,
and recorded at Reception No 202208620.
The following conditions are hereby noted:
Lot corners or other locations will be provided by the Owner as needed to ensure that our facilities
are installed as shown on the attached sketch.
A Touchstone Energy® Cooperative?O�
Mosby
May 29, 2024
Page Two
2. Holy Cross Energy has implemented a policy which requires that the Owner provide all excavation,
backfill, compaction and cleanup needed for installation of the underground power system
extension to serve the Project. The Owner must also set all vaults and install all conduits as
specified by Holy Cross Energy's design for the Project and the enclosed construction
specifications. Holy Cross Energy will supply all material which can be picked up by the Owner at
the appropriate storage yard. The cost of this material is included in the job cost estimate. The
Owner and Holy Cross Energy have already executed a Trench, Conduit, and Vault Agreement for
the Project dated June 20, 2022, and recorded at Reception No 202212090.
3. No excavation will be undertaken within five (5) feet of existing underground power lines except
under the on site supervision of a Holy Cross Energy employee.
4. The route of our proposed underground power line extension must be at final grade and free of
obstructions before power line construction is started.
S. The above estimate is for Holy Cross Energy facilities and does not include the installation of
telephone or television facilities. It will be the Owner's responsibility to coordinate construction
and make contractual agreements with the other utilities.
6. It shall be the Owner's responsibility to ensure that splice vaults, switchgear vaults and
transformer vaults installed hereunder for the Project are accessible by Holy Cross boom trucks
and other necessary equipment and personnel at all times. The use of such access by Holy Cross
shall not require removal or alteration of any improvements, landscaping, or other obstructions.
The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and
transformer vaults, nor along the power line route between the vaults. The ground surface grade
at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The
ground surface grade at said splice vaults shall be even with the top of the pad. The manhole
opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times.
Improvements, landscaping or any other objects placed in the vicinity of said transformers and
switchgear shall be located so as not to hinder complete opening of the equipment doors. The
ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level
and free of improvements, landscaping, and other obstructions. Improvements, landscaping and
other objects will be kept a minimum of four (4) feet from non -opening sides and backs of said
transformers and switchgear. Owner hereby agrees to maintain the requirements of this
paragraph and further agrees to correct any violations which may occur as soon as notified by
Holy Cross Energy. Said corrections will be made at the sole cost and expense of Owner.
7. There is no provision in our estimate for revegetation. Revegetation, if required, must be
provided by parties other than Holy Cross Energy.
8. Secondary voltage available will be 208Y/120, three-phase.
9. Secondary voltage available will,be 480Y/277, three-phase.
10. Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross
Energy specifications. All meter locations must be approved. Any service over 200 amps or 240
volts must have prior written approval from Holy Cross Energy.
1 1 . It will be the Owner's responsibility to extend underground secondary entrance conductors from
the pad -mounted transformers, or junction box, to points of power usage. It will be the Owner's
responsibility to retain the services of a qualified electrician to relocate all the existing secondary
electric services from the existing pad -mounted transformers, to be removed, to the new pad -
mounted transformers being installed for the Project. The work of the electrician will need to be
coordinated with Holy Cross Energy to minimize the length of outages to affected consumers.
Mosby
May 29, 2024
Page Three
12. All underground services shall be installed in conduit ahead of the meter. All underground
services must be in conduit beneath roads, driveways, and other areas of difficult excavation.
13. Low voltage starting will be required on all three-phase motors larger than 25 HP and all single-
phase motors larger than 10 HP.
14. Motor protection from phase loss and other voltage problems should be provided. This
equipment shall be installed and maintained at the expense of the Owner.
15. It shall be the Owner's responsibility to protect their electric equipment from temporary over
voltage or under voltage situations resulting from causes beyond the control of Holy Cross
Energy.
16. The above -mentioned cost estimate does not include connect fees or meter deposits, if required.
Arrangements for payment of these items and for scheduling the actual meter installation should
be made through the local Holy Cross Energy office.
17. We attempt to complete all projects in a timely manner. However, highest priority is given to
maintaining service to our existing consumers. This fact, along with inevitable construction
delays, will not allow us to guarantee a project completion date.
18. All Holy Cross Energy rules and regulations will be followed.
19. When Holy Cross Energy is in receipt of all necessary executed easements, other permits, if
required, and the signed original of this letter agreement (below), the job can be scheduled for
construction.
Sincerely,
HOLY CROSS ENERGY
Jeffrey P. Vroom,
Engineering Department
ivroom@holvcross.com
(970) 947-5425
JPV:MM
Enclosure
The above terms and conditions
are h y agre o accepted
By: ,�
Title: � nr
Date: 7 / 2 3 /Z4
W/0#24-24362-50-63 50-64 50-67:AVON PARK - RAILROAD OH TO UG CONVERSION
24-24362 Contract Letter
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