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TC Resolution 25-04 Approving the Expenditure of Community Enhancement Funds from Holy Cross EnergyA Avon COLORADO RESOLUTION 25-04 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 01-01 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 JANUARY 28, 2025 BY THE AVON TOWN COUNCIL �NN OF AI/bti By: Attest:' amra N. Underwood, Mayor Miguel Jauregui)eas4ueva, Tow lerk Resolution No. 25-04 January 28, 2025 Page 1 of 1 �LpRAQ� EXHIBIT A HOLY CROSS ENERGY COMMUNTIY ENHANCEMENT FUND PROPOSED PROJECT Proposed Project: 2025 NET ZERO BUILDING EXPO The Town is organizing a FREE, informative event focusing on how homeowners can shrink their carbon footprint. This event will take place on April 18, 2025 at the Westin. Description of the event: Welcome to the 2025 Net Zero Building Expo! Join us on Friday, April 18, 2025 at The Westin Riverfront Resort & Spa in Avon, CO. This in -person event is a must -attend for anyone interested in shrinking their carbon footprint and the many programs available to help you through this process. Learn from industry experts, hear from homeowners who have had success with this process, and network with like-minded individuals. Don't miss out on this opportunity to be a part of the future of green construction. See you there! Ammon 3RD ANNUAL NET ZERO BUILDING EXPO FRIDAY, APRIL 18, 2025 1:00PM A FREE event for Home Owners: • Increase Energy Efficiency • Reduce Utility Bills • Reduce Green House Gas Emissions • Learn about Energy Rebates • Sign -Up for Free Energy Audit Networking Reception to Follow Presentations The Westin Rivertront Resort and Spa Avon, Colorado EXHIBIT 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 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 2019 83,072 Nothing Budgeted - - - 166,081 2020 81,392 Dancing in the Park - 30,000 - 247,473 Page 1 EXHIBIT B COMMUNITY ENHANCEMENT FUND HISTORY 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 - 120,000 348,877 Building Electrification Conference - - - 348,877 2024 90,000 ' Undergrounding 100,000 - 100,000 338,877 Building Electrification Conference 20,000 - 14,277 324,600 2025 90,000 Undergrounding 361,000 - - 53,600 Building Electrification Conference 20,000 - - 33,600 Revenues for 2024 have not been finalized. 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 remainec 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