TC Packet 08-13-2024_____________________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA - REVISED
TUESDAY, August 13, 2024
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
Zoom registration is on the header at Avon.org
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given
one (1) additional minute subject to Council approval.
5. CONSENT AGENDA
5.1. Approval of July 23, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
5.2. Approval of Intergovernmental Agreement (IGA) for an Amendment of the CDOT Grant for the
Avon Road Flashing Beacons (Town Engineer Nicole Mosby)
5.3. Appointing Avon’s Designated Election Official and Authorizing the Execution of the
Intergovernmental Agreement (IGA) related to the 2024 Coordinated Mail-Ballot Election (Town
Clerk Miguel Jauregui Casanueva)
5.4. Approval of Intergovernmental Agreement (IGA) for DC Fast Chargers Plazas Grant (Mobility
Manager Jim Shoun)
5.5. Resolution 24-21: Ratifying Approval of National Opioid Settlement with Kroger (Town Attorney
Nina Williams)
6. BUSINESS ITEMS
6.1. Presentation: SpeakUp ReachOut Update (SpeakUp ReachOut Awareness & Brand Manager
Leslie Robertson)
6.2. Presentation: Core Transit (Eagle Valley Transportation Authority) Progress Update (Core
Transit Deputy Director Scott Robinson)
6.3. Presentation: Update on Early Childhood Education School (Town Manager Eric Heil and Vail
Valley Foundation Vice President Mike Imhof)
6.4. Appeal to Council - Primary Residence Real Estate Transfer Tax Exemption (Chief Financial
Officer Paul Redmond)
o 38460 US Hwy 6 Unit 306, Avon CO 81620
o 38460 US Hwy 6 Unit 402, Avon CO 81620
o 38460 US Hwy 6 Unit 411, Avon CO 81620
o 126 Riverfront Lane #450, Avon CO 81620
6.5. Work Session: US6 Pedestrian Safety Design Update (Public Works Director Eva Wilson)
6.6. PUBLIC HEARING (QUASI-JUDICIAL): First Reading Ordinance 24-09: REZ24001; Rezoning
of the East Avon Preserve to Community Housing (Planning Manager Jena Skinner)
6.7. First Reading Ordinance 24-12: Use Tax Ballot Question (Chief Financial Officer Paul
Redmond)
_____________________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
6.8. First reading of Ordinance 24-14: Approving Xcel Franchise Agreement (Town Manager Eric
Heil)
6.9. Resolution 24-17 Amending the Simplified Rules of Order for Avon Town Council Meetings and
Adopting Amended Town Council Handbook (Town Attorney Nina Williams)
7. WRITTEN REPORTS
7.1. July 16th Health & Recreation Committee Meeting Minutes (Recreation Aquatics Superintendent
Kacy Carmichael)
7.2. August 5th Avon DDA Board Meeting Minutes (Chief Administrative Officer Ineke de Jong)
7.3. 2025 Community Grants Program (Communications Manager Elizabeth Wood)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
9. EXECUTIVE SESSION
9.1. For the purpose of conferencing with the Town Attorney for the purpose of receiving legal advice
on specific legal questions under C.R.S Section 24-6-402(4)(b), and for the purpose of
determining positions relative to matters that may be subject to negotiation, developing strategy
for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e), and the
following additional details are provided for identification purposes: Legal advice and potential
negotiating parameters concerning State Land Board annexation and other related matters
10. ADJOURN
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the
beginning of all Council meetings. Members of the public who wish to provide comments to Council greater
than three minutes are encouraged to schedule time in advance on the agenda and to provide written
comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall
permit public comments for any action item or work session item and may permit public comment for any
other agenda item, and may limit such public comment to three minutes per individual, which limitation may
be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town
Council Simplified Rules of Order, Adopted by Resolution No. 17-05.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 23, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
1
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via
Zoom.us. Mayor Amy Phillips called the July 23, 2024, Council regular meeting to order at 5:00
p.m. A roll call was taken, and Councilors present in person were Rich Carroll, Lindsay Hardy,
Ruth Stanley, RJ Andrade, Mayor Pro Tem Tamra Underwood, and Mayor Amy Phillips.
Councilor Chico Thuon was present virtually via Zoom. They were joined by Town Manager Eric
Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong,
Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Avon Rec Director
Michael Labagh, Chief Financial Officer Paul Redmond, Public Works Director Eva Wilson, Public
Works Executive Coordinator Kim Hannold, Sustainability Coordinate Charlote Lin,
Communication Manager Liz Wood, IT Administrator II Carlos Molina, General Government
Intern Arnell Wade, and Avon Police Chief Greg Daly.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:45
Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Phillips
mentioned that going forward, the consent agenda will be considered at the start of each
meeting, starting with tonight’s meeting. She also reminded her fellow Councilors that they
may ask to pull staff reports for discussion during the Approval of the Agenda process. Councilor
Carroll asked Staff for an update on November elections to be added as new Business Item
before the Consent Agenda, with a focus on the dates applicable to nomination petitions.
Mayor Pro Tem Underwood motioned to approve the Agenda, as amended by Councilor
Carroll. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:03:03
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none
were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:03:13
Mayor Phillips explained that public comment can be made by participating in the meeting in
person, via zoom’s video/audio, via telephone, or via email. She added that the public comment
section is intended for items not listed in the Agenda, and participation by members of the
public is limited to 3 minutes. She asked if there was any public comment from those present
in the room or virtually and no public comment was made in person nor virtually.
General Elections Update (Town Clerk Miguel Jauregui)
Video Start Time: 00:03:33
Town Clerk Miguel Jauregui Casanueva delivered a presentation related to a General Elections
Update. He indicated that Election Day is Tuesday, November 5, 2024, and the General Election
AVON REGULAR MEETING MINUTES
TUESDAY JULY 23, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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will be administered by the Eagle County Clerk and Recorder’s Office as a Coordinated Mail
Ballot Election. He reminded Councilors and the public that the Town of Avon Website for
Election Information is available at www.avon.org by going to the Town Clerk Elections Landing
Page. He invited the public to visit coloradosos.gov to update their voter registration. He
summarized that the only revenue source under consideration is the use tax on new
construction, and it will be addressed in more detail at the first regular council meeting in
August. He highlighted that Business Item 6.1. will also include a presentation to address this
topic in more detail, including a presentation by Magellan Strategies on public polling. He
closed remarks by stating that the most important dates are:
• August 13: Governing Body Appoints Designated Election Official
• August 6 – 26: Nomination Petition Circulation Timeframe
• August 27: Coordinated Election IGA with Eagle County Clerks Office Due
• September 6: Certify Final Ballot to County Clerk
• October 4: County Clerk Mails Notice of Ballot Issues (Tabor notices)
• October 11: County Clerk Mails Ballots
• October 21: Voter Service and Polling Centers Open
• November 5: Election Day (ballots must be postmarked by 7 pm to be counted)
• November 27: Final Canvas and Official Election Results Due to Political Subdivisions and
Secretary of State
• December 10: Swear in New Members (tentative)
He fielded a question from Mayor Pro Tem Underwood and responded that 10 signatures from
eligible voters are needed to complete the Nomination Petition of a new candidate, all of which
must be eligible voters residing in Avon. Mayor Phillips opened the floor to public comment
and no public comment was made in person nor virtually. As this was a presentation, no motion
was requested.
5. CONSENT AGENDA
Video Start Time: 00:11:15
Mayor Phillips introduced the approval of the Consent Agenda to include the following:
5.1. Approval of July 9, 2024, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
5.2. Approval of Amendment to the Town Manager Employment Agreement (Mayor Amy Phillips)
5.3. Approval of Easements with Holy Cross Energy for Relocation of Electric Transformer to
Accommodate New Trail Section connecting to West Beaver Creek Blvd (Town Engineer
Nicole Mosby)
5.4. Approval of Notice of Award: Fleet Bus Lift contract (Mobility Manager Jim Shoun)
5.5. First Amendment to IGA between Town of Avon and Eagle County for Avon Station Bus
Shelter (Town Attorney Nina Williams)
5.6. Assignment of the IGA, as amended for Avon Station Bus Shelter (Town Attorney Nina
Williams)
AVON REGULAR MEETING MINUTES
TUESDAY JULY 23, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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5.7. Assignment of the Walmart Bus Shelter IGA (Town Attorney Nina Williams)
Mayor Phillips opened the floor to public comment and no public comment was made in
person nor virtually. Without further deliberations, Councilor Stanley presented a motion
to approve the Consent Agenda. Councilor Carroll seconded the motion. It was approved
unanimously with a 7-0 vote.
6. BUSINESS ITEMS
6.1. Work Session: Use Tax Voter Opinion Results (Chief Financial Officer Paul Redmond and Town
Manager Eric Heil)
Video Start Time: 00:12:00
Chief Financial Officer Paul Redmond and Town Manager Eric Heil kicked off a Work Session
related to the construction Use tax. Ms. Courtney Sievers with Magellan Strategies joined them
virtually at the podium and delivered a presentation on use voter tax opinion results. Questions
from Council included survey participation numbers, incomplete surveys numbers, status of
informed voters, best strategy and most effective medium to educate voters, impact of federal
elections on informed voters, statistics on the use of the blue book by young voters, and impact
on small home improvements. Councilor Carroll asked Finance Director Redmond to explain
how the construction related municipal sales tax currently in conjunction with County and State
sales taxes, and how it would be replaced by the Construction Use Tax at a municipal level.
Deliberations from Council included the impact of the construction use tax on community
housing. Mayor Pro Tem Underwood and Councilor Carroll asked for an issues committee to
actively continue to push this initiative forward and highlighted that this is the 3rd attempt to
get it passed and it would have a significant impact on funding community housing. Mayor
Phillips summarized direction to Staff that: (i) 1st reading of the construction use tax ordinance
should be presented at the next Council meeting on August 13, 2024; (ii) the ordinance should
include a proposed exempted amount level, including the rationale behind it; (iii) staff should
increase education efforts for the public to better understand the construction use tax; and,
(iv) community housing should be included in the title to highlight that the it will be directly
benefitted by the construction use tax. Mayor Phillips opened the floor to public comment and
no public comment was made in person nor virtually. As this was a work session, staff received
feedback and no motion was requested.
6.2. Presentation and Acceptance of 2023 Annual Comprehensive Financial Report (Chief Financial
Officer Paul Redmond)
Video Start Time: 01:12:44
Chief Financial Officer Paul Redmond delivered a presentation on the acceptance of the 2023
Comprehensive Financial Report. He indicated that the first finding from auditors was on
segregation of duties for court deposits with 4 signatures, the need complete weekly court
deposits in lieu of every other week, and best practices related to stale checks from vendors.
He was joined at the podium by Paul J. Backes, C.P.A. of McMahan and Associates, L.L.C., who
delivered his presentation related to the 2023 Annual Comprehensive Financial Report and
AVON REGULAR MEETING MINUTES
TUESDAY JULY 23, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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indicated the audit went very smoothly. Mayor Pro Tem Underwood asked for the two
following corrections: on Page 2, Mayor Pro Tem Underwood indicated there is a typo in ‘May
Pro Tem’, and asked that Ms. Ineke de Jong, Chief Administrative Officer, be added to the
Management List of the report. Councilor Carroll asked Finance Director Redmond to read the
first paragraph of the auditor’s letter stating the comprehensive financial report qualifies for
the GFOA’s Certificate of Achievement for Excellence in Financial Reporting. After
deliberations, Councilor Carroll motioned to accept the 2023 Annual Comprehensive Financial
Report. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote.
6.3. Work Session: Capital Improvement Plan Program Updates on Design & Construction (Public
Works Director Eva Wilson)
Video Start Time: 01:33:33
Public Works Director Eva Wilson presented the Construction landing page from the Town of
Avon website to Councilors, including where to find capital improvement projects, regional
road construction, active right of way permits, and Major Development Projects. She also
delivered a presentation related to the Capital Improvement Plan Program on Design and
Construction and received feedback from Councilors on those programs. Highlights included a
summary of 78 CIP Projects in 2024 in different stages involving engineering, facilities, mobility,
fleet and operations. Councilor Hardy noted that the slides included in the report only refer to
projects underway and asked that in the future, slides for completed projects also be included
to facilitate access to the layperson, given that it is what the public asks her about. Mayor
Phillips opened the floor to public comment and no public comment was made in person nor
virtually. As this was a work session, staff received feedback and no motion was requested.
First meeting in Sept for CIP Meeting.
6.4. Work Session: Review of the amended Town Council Handbook (Town Attorney Nina Williams)
Video Start Time: 02:22:44
Town Attorney Nina Williams, Deputy Town Manager Patty McKenny, and Chief Administrative
Officer Ineke de Jong delivered a presentation on the review of the amended Town Council
Handbook. Councilors and staff reviewed the contents of the handbook, section by section, and
staff received minor amendments from Councilors to selected sections. Councilor Thuon
suggested that staff develop a new Councilor onboarding process in addition to this handbook
so that when they first take office, they meet with a town official to get introduced to their
duties. Mayor Phillips opened the floor to public comment and no public comment was made
in person nor virtually. As this was a work session, staff received feedback and no motion was
requested.
6.5. PUBLIC HEARING: Second Reading Ordinance 24-08: Amendments to Town Code for Removal
of Council Members (Town Attorney Nina Williams)
Video Start Time: 02:58:40
Town Attorney Nina Williams delivered a presentation related to the second reading of
AVON REGULAR MEETING MINUTES
TUESDAY JULY 23, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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Ordinance 24-08. Mayor Phillips opened the floor to public hearing and no public comment was
made in person nor virtually. After brief deliberations, Councilor Stanley motioned to approve
the second reading of Ordinance 24-08. Councilor Hardy seconded the motion. It was approved
unanimously with a 7-0 vote.
7. WRITTEN REPORTS
7.1. Draft June 18 CASE Committee Meeting Minutes (Special Events Coordinator Mike Pasquarella)
7.2. July 8th Planning & Zoning commissions Meeting Abstract (Planner II Max Morgan)
7.3. Draft July 15 Finance Committee Meeting Minutes (Chief Administrative Officer Ineke de Jong)
7.4. Monthly Financials (Senior Accountant Dean Stockdale)
7.5. Quarterly RETT Report (Financial Analyst Chase Simmons)
7.6. Quarterly ¡Mi Casa Avon! Program Update (Housing – Long Range Planner Patti Liermann)
7.7. Second Quarter 2024 Department Goal Update (Town Manager Eric Heil)
7.8. Summary of Signed Letters of Support (Town Manager Eric Heil)
7.9. Digital Accessibility Compliance Update (Marketing & Communications Manager Elizabeth
Wood)
7.10. Transit Ridership Update (Mobility Manager Jim Shoun)
7.11. Upper Eagle Regional Water Authority June 27, 2024 Meeting Summary (Mayor Pro Tem
Tamra Underwood)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:06:04
Councilor Stanley indicated that the Avon Pavilion has a new sign on it and invited the
public to go see it. She also reminded the public that the Avon Art Celebration takes place
this weekend, from Friday, July 26th to Sunday, July 28th, 2024, from 10 am to 5 pm, at
Nottingham Park. She also invited the public to attend Avon Wastewater Treatment Plant
Open House tomorrow, July 24th, 2024, from 10 to 11:30 a.m. She closed remarks by
reminding the public that tomorrow is an Avon LIVE! Concert at Nottingham Park.
Councilor Andrade reminded the public that dogs must be on-leash at Nottingham Park,
and new signage has been deployed as an additional reminder. He mentioned it is
impossible for him to walk his dog after 9 am without it getting attacked by a dog off leash.
Mayor Pro Tem Underwood also reminded the public of the Avon Wastewater Treatment
Plant Open House tomorrow, July 24th, 2024, from 10 to 11:30 a.m.
Mayor Phillips announced that the Eagle Valley Transit Authority has rebranded itself as
CORE Transit and invited the public to see their new logo which will soon be on all buses.
AVON REGULAR MEETING MINUTES
TUESDAY JULY 23, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the
regular meeting. The time was 8:11 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended
to be comprehensive or to include each statement, person speaking or to portray with
complete accuracy. The most accurate records of the meeting are the audio of the meeting,
which is housed in the Town Clerk' s office, and the video of the meeting, which is available at
www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
________________________________
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Amy Phillips ___________________________________
Tamra Underwood
Ruth Stanley
Lindsay Hardy
RJ Andrade
Rich Carroll
Chico Thuon
970-471-4420 nmosby@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Nicole Mosby, Town Engineer
RE: CDOT Grant IGA for Avon Road Flashing Beacons
DATE: June 17, 2024
SUMMARY: This Report provides an update on the Avon Road Rectangular Rapid Flashing Beacon
(RRFB) project and requests Town Council to authorize signature of the Intergovernmental Agreement
(IGA) amendment for funding. An original IGA, signed in February 2024, provided $366,000 in grant
funding for six (6) RRFBs. The IGA amendment formalized an increase to the Federal Highway Safety
Improvement Program (HSIP) grant funding to $441,000.00 to provide for eight (8) RRFBs. Matching the
original IGA, Avon will be required to provide $24,000 of local funds for the project. This IGA amendment is
a standard Colorado Department of Transportation (CDOT) contract and no changes can be made by the
Town of Avon. Informationally, Avon will also fund a ninth RRFB and $32,000 of project design costs. Town
Council is asked to authorize Town Manager, Eric Heil, to sign this IGA amendment between the Town of
Avon and CDOT.
BACKGROUND: Avon Road is a primary throughfare bisecting the Town of Avon’s core. Many traveling
along Avon Road are tourists unfamiliar with the area and in some cases are unfamiliar with rules of the
road at roundabouts. High levels of pedestrian, bicycle, and vehicular (including trucks) traffic along this
corridor create many opportunities for conflicts between vehicles and non-motorized traffic at crossing
locations. The Avon has identified nine (9) pedestrian crossings on or adjacent to Avon Road to be
upgraded with RRFB pedestrian crossing signs to improve safety by alerting drivers of crossing
pedestrians.
Federal HSIP Grant Funding for RRFBs:
o This HSIP grant was applied for and awarded in 2023.
o An initial HSIP grant IGA was signed in February 2024. It provided grant funding of $366,000
(93.8%) of the $390,000 cost for six (6) RRFBs along Avon Rd.
o This Amendment #1 to the IGA increases the grant funding to provide for two (2) additional
RRFBs along Avon Road. The total project cost for the eight (8) RRFBs is $465,000. This
amendment will increase the grant funding to $441,000.00 (94.8% of project cost).
Costs Beyond HSIP Grant Funds:
o Avon will fund the project design costs currently contracted with Stolfus & Associates, Inc. for
$32,000.
o Due to the anticipated increase in residential density on the northside of I-70, a ninth RRFB
location is desired at the I-70, exit 167, eastbound off-ramp. This RRFB will be funded by Avon
as additional grant funding was not available.
FINANCIAL CONSIDERATIONS: Avon is required to provide local funds of $24,000 (5.2% of the project
cost). This cost is equal to the local funding amount agreed to in the original IGA. This project funding is in
the current 2024 budget and this scope of work is anticipated to be completed in 2025 or earlier.
970-471-4420 nmosby@avon.org
Page 2 of 2
PROJECT SITE: RRFBs installations proposed are at the following pedestrian crossing locations:
1. I-70 Westbound (WB) Ramp: western crossing of the WB on-ramp
2. I-70 Eastbound (EB) Ramp: eastern crossing of the EB on-ramp
3. Beaver Creek Blvd: southern crossing of Avon Rd
4. Benchmark Rd: southern crossing of Avon Rd
5. Hurd Ln: southern, crossing of Avon Rd
6. US Hwy 6 / Avon Rd: western crossing of US Hwy 6
7. US Hwy 6/ Avon Rd: eastern crossing of US Hwy 6
8. I-70 EB Ramp: western crossing of the EB off-ramp
9. Avon Funded: I-70 WB Ramp: eastern crossing of the WB off-ramp
Avon Road – Rectangular Rapid Flashing Beacon Locations
PROPOSED MOTION: “I move to approve the Amendment #1 of the
Intergovernmental Agreement between Colorado Department of Transportation and
Town of Avon for flashing beacons on Avon Rd, and authorize Town Manager, Eric
Heil to sign the contract”
Thank you, Nicole
ATTACHMENT A: CDOT Grant IGA Amendment 1 - Avon Road Flashing Beacons
OLA #: 331003240
Routing #: 24-HA3-XC-00263-M0001
Document Builder Generated
Rev. 12/09/2016
Page 1 of 3
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: SHO 006A-074 (26059)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
24-HA3-XC-00263-M0001
Local Agency
TOWN OF AVON
Original Agreement Routing Number
24-HA3-XC-00263
Agreement Maximum Amount $465,000.00 Agreement Performance Beginning Date
February 12, 2024
Initial Agreement expiration date
November 20, 2033
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
___________________________________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
LOCAL AGENCY
TOWN OF AVON
By:___________________________________________
*Signature
Name:_________________________________________
(Print Name)
Title:__________________________________________
(Print Title)
Date:__________________________________________
SECOND LOCAL AGENCY SIGNATURE,
IF NEEDED
TOWN OF AVON
By:_________________________________________
*Signature
Name:________________________________________
(Print Name)
Title:__________________________________________
(Print Title)
Date:________________________________________
.
DocuSign Envelope ID: C48AD458-9F3F-4961-86B9-A4B7F283C53E
ATTACHMENT A
OLA #: 331003240
Routing #: 24-HA3-XC-00263-M0001
Document Builder Generated
Rev. 12/09/2016
Page 2 of 3
In accordance with §24-30-202, C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:________________________________________________
Department of Transportation
Amendment Effective Date:______________________________________
DocuSign Envelope ID: C48AD458-9F3F-4961-86B9-A4B7F283C53E
OLA #: 331003240
Routing #: 24-HA3-XC-00263-M0001
Document Builder Generated
Rev. 12/09/2016
Page 3 of 3
1) PARTIES
This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for
this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State.
2) TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this
Amendment
B. Amendment Term
The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4) PURPOSE
The original Agreement provided funds to construct RRFBs along Avon Road in the Town of Avon. This
Amendment expands the scope of work and increases the maximum amount of funding available for this
Agreement.
5) MODIFICATIONS
A. This Amendment increases the maximum amount of the Agreement from $390,000.00 by $75,000.00 to
$465,000.00.
B. Exhibit A is replaced by Exhibit A-1. All references to Exhibit A shall refer to Exhibit A-1.
C. Exhibit C is replaced by Exhibit C-1. All references to Exhibit C shall refer to Exhibit C-1.
D. Exhibit E is replaced by Exhibit E-1. All references to Exhibit E shall refer to Exhibit E-1.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: C48AD458-9F3F-4961-86B9-A4B7F283C53E
Exhibit A-1 - Page 1 of 2
EXHIBIT A-1
SCOPE OF WORK
Name of Project: Avon I-70 & US 6 Crosswalk Improvements
Project Number: SHO 006A-074
SubAccount #: 26059
High levels of pedestrian, bicycle, and vehicular (including trucks) traffic along the Avon Road
corridor leads to many conflicts between vehicles and non-motorized traffic at crossing locations.
Many traveling along Avon Road are tourists unfamiliar with the area and/or in some cases are
unfamiliar with the rules of the road at roundabouts.
The existing pedestrian crossing configuration along Avon Road use either pavement markings or
contrasting pavement color, have enhanced signage, and in some cases include Rectangular Rapid
Flashing Beacons (RRFBs). At locations without RRFBs, the Town has installed fluorescent flags
that can be carried by pedestrians to raise awareness of their presence in the crosswalk.
RRFBs currently exist on the north leg of the Beaver Creek Blvd and Benchmark Ln Roundabouts,
and at Hurd Ln/Riverfront Ln. To further enhance safety, the following additional RRFBs are
proposed:
1) I-70 WB Ramp: located at a crossing of a wide-radius, channelized right turn movement with
limited sight distance (state highway location).
2) I-70 EB Ramp: located at a crossing of a wide-radius, channelized right turn movement with
limited sight distance (state highway location).
3) Beaver Creek Blvd: Located on the south crossing of Avon Rd, a high vehicle volume location.
4) Benchmark Rd: Located at the south crossing of Avon Rd, a high vehicle volume location.
5) Hurd Ln: Located at the south crossing of Avon Rd, a high vehicle and pedestrian volume
location.
6) US Hwy 6: Located at the west crossing of US Hwy 6, a high vehicle and pedestrian volume
location (state highway location).
7) US Hwy 6: Located at the east crossing of US Hwy 6, a high vehicle and pedestrian volume
location (state highway location).
8) I-70 EB Ramp: Located at the west crossing of the EB off-ramp, a high vehicle and pedestrian
volume location.
Prior to 2022, the intersection of Avon Road with Hurd Lane / Riverfront Lane was signed for 3/4
movements (left-in, right-in, right-out only) due to difficulty for traffic from the cross street to turn
left or cross Avon Road. Unfortunately, compliance with the regulatory signing has not been
satisfactory, and crashes involving left turn and crossing movements continued to occur.
In 2022, the Town installed quick curb and delineators to enforce the left-in, right-in, right-out
restriction at Hurd Lane / Riverfront Lane. Since the installation, public response and that of Avon
Transit has been positive. The Town proposes to make the temporary solution permanent through
the installation of raised median and associated improvements.
DocuSign Envelope ID: C48AD458-9F3F-4961-86B9-A4B7F283C53E
Exhibit A-1 - Page 2 of 2
By accepting funds for this Scope of Work, Local Agency acknowledges, understands, and accepts
the continuing responsibility for the safety of the traveling public after initial acceptance of the
project. Local Agency is responsible for maintaining and operating the scope of work
described in this Exhibit A-1 constructed under this Agreement at its own cost and expense
during its useful life.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: C48AD458-9F3F-4961-86B9-A4B7F283C53E
Exhibit C-1 Page 1 of 2
EXHIBIT C-1 FUNDING PROVISIONS
Town of Avon SHO 006A-074 (26059)
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be $465,000.00, which is to be funded as follows: 1. FUNDING
a. Federal Funds
(90% of HSIP Award) $418,500.00
b. State Funds
(4.8% of HSIP Award) $ 22,500.00
c. Local Agency Funds
(5.2% of HSIP Award) $ 24,000.00
____________________________________________________________________________________ TOTAL FUNDS ALL SOURCES $465,000.00
____________________________________________________________________________________
2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number (FAIN): TBD
b. Name of Federal Awarding Agency: FHWA
c. Local Agency Unique Entity Identifier R9Q7L4C1QKK5
d. Assistance Listing # Highway Planning and Construction ALN 20.205
e. Is the Award for R&D? No
f. Indirect Cost Rate (if applicable) N/A
g. Amount of Federal Funds Obligated by this Action: $ 0.00
h. Amount of Federal Funds Obligated to Date (including this Action): $ 0.00 ____________________________________________________________________________________
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $418,500.00
b. Less Estimated Federal Share of CDOT-Incurred Costs $ 0.00
____________________________________________________________________________________
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 94.8% $441,000.00
TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 5.2% $ 24,000.00
TOTAL PROJECT ESTIMATED FUNDING 100.00% $465,000.00 ____________________________________________________________________________________
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount (Federal, State + Local Agency funds) $465,000.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
____________________________________________________________________________________
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $465,000.00
____________________________________________________________________________________
Note: No funds are currently available. Additional funds will become available after execution of an
Option letter (Exhibit B) or formal Amendment.
____________________________________________________________________________________
WBS Element 26059.20.10 Performance Period Start*/End Date Const. 3301 $ 0.00 TBD – TBD
____________________________________________________________________________________
* The Local Agency should not begin work until all three (3) of the following are in place: 1) Phase
Performance Period Start Date; 2) the execution of the document encumbering funds for the respective
phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these
three (3) milestones are achieved will not be reimbursable.
B. Funding Ratios
The funding ratio for the federal funds for this Work is 94.8% federal & State funds to 5.2% Local Agency
funds, and this ratio applies only to the $465,000.00 that is eligible for federal & State funding. All other
costs are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds
$465,000.00, and additional federal funds & State funds are not available, the Local Agency shall pay all
such excess costs. If the total cost of performance of the Work is less than $465,000.00, then the amounts
DocuSign Envelope ID: C48AD458-9F3F-4961-86B9-A4B7F283C53E
Exhibit C-1 Page 2 of 2
of Local Agency and federal funds will be decreased in accordance with the funding ratio described in A1. This applies to the entire scope of Work.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $441,000.00. For
CDOT accounting purposes, the federal funds of $418,500.00, State funds of $22,500.00, and the Local
Agency funds of $24,000.00 will be encumbered for a total encumbrance of $465,000.00, unless this
amount is increased by an executed amendment before any increased cost is incurred. The total budget
of this funding source is $465,000.00, unless this amount is increased by an executed amendment before
any increased cost is incurred. The total cost of the Work is the best estimate available, based on the
design data as approved at the time of execution of this Agreement, and that any cost is subject to
revisions agreed to by the parties prior to bid and award. The maximum amount payable will be reduced
without amendment when the actual amount of the Local Agency’s awarded Agreement is less than the
budgeted total of the federal funds and the Local Agency funds. The maximum amount payable will be
reduced through the execution of an Option Letter as described in Section 7. E. of this contract. This applies to the entire scope of Work.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving $750,000 or more from all funding
sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply
with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 CFR 18.20
through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving
federal funds are as follows:
i. Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just
Highway funds) in its fiscal year then this requirement does not apply.
ii. Expenditure of $750,000 or more-Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only received federal
Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific
audit shall be performed. This audit will examine the “financial” procedures and processes for
this program area.
iii. Expenditure of $750,000 or more-Multiple Funding Sources
If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from
multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on
the entire organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An
audit is an allowable direct or indirect cost.
DocuSign Envelope ID: C48AD458-9F3F-4961-86B9-A4B7F283C53E
COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No. STIP No. Project Code Region
Project Location Date
Project Description
Local Agency Local Agency Project Manager
CDOT Resident Engineer CDOT Project Manager
INSTRUCTIONS:
This checklist shall be used to establish the contractual administrative responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency Agreement. Section numbers (NO.) correspond to the applicable
chapters of the CDOT Local Agency Desk Reference (Local Agency Manual). LAWR numbers correspond to the applicable
flowchart in the Local Agency Web Resource.
The checklist shall be prepared by placing an X under the responsible party, opposite each of the tasks. The X denotes the party
responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor the
Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, # will denote that CDOT must concur or
approve.
Tasks that will be performed by Headquarters staff are indicated with an X in the CDOT column under Responsible Party. The
Regions, in accordance with established policies and procedures, will determine who will perform all other tasks that are the
responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local
Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the
CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist.
Note:
Failure to comply with applicable Federal and State requirements may result in the loss of Federal or State participation in
funding.
LA
WR NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
TIP / STIP AND LONG-RANGE PLANS
2.1 Review Project to ensure it is consistent with Statewide Plan and amendments thereto x
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4.1 Authorize funding by phases (Requires FHWA concurrence/involvement if Federal-
aid Highway funded project.). Please write in "NA", if Not Applicable. x
PROJECT DEVELOPMENT
1 5.1 Prepare Design Data - CDOT Form 463
5.2 Determine Delivery Method
5.3 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3) x
2 5.4 Conduct Consultant Selection/Execute Consultant Agreement
•Project Development
•Construction Contract Administration (including Fabrication Inspection Services)
3,3A 5.5 Conduct Design Scoping Review Meeting
3,6 5.6 Conduct Public Involvement
Exhibit E-1
Local Agency Contract Administration Checklist
Exhibit E-1 - Page 1 of 5
SHO 006A-074 SR36693.041 26059 3
Avon I-70, US-6, & Avon Rd Roundabouts 03/27/2024
Avon I-70 & US 6 Crosswalk Improvements
Town of Avon Eva Wilson
Mark Bunnell Zebulon White
n/a
x x
x
n/an/a
x
x
n/an/a
DocuSign Envelope ID: C48AD458-9F3F-4961-86B9-A4B7F283C53E
LA
WR NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
3 5.7 Conduct Field Inspection Review (FIR)
4 5.8 Conduct Environmental Processes (may require FHWA concurrence/involvement)
5 5.9 Acquire Right-of-Way (may require FHWA concurrence/involvement)
3 5.10 Obtain Utility and Railroad Agreements
3 5.11 Conduct Final Office Review (FOR)
3A 5.12 Justify Force Account Work by the Local Agency
3B 5.13 Justify Proprietary, Sole Source, or Local Agency Furnished Items
3 5.14 Document Design Exceptions - CDOT Form 464
5.15 Seek Permission for use of Guaranty and Warranty Clauses
3 5.18 Prepare Plans, Specifications, Construction Cost Estimates and Submittals
5.19 Comply with Requirements for Off-and On-System Bridges & Other Structural Work
5.20 Update Approvals on PS&E Package if Project Schedule Delayed
5.21 Ensure Authorization of Funds for Construction x
5.22 Use Electronic Signatures
5.23 File Project Development Records/Documentation in ProjectWise x
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE3 6.1 Set Disadvantaged Business Enterprise (DBE) Goals for Consultant and Construction
Contracts (CDOT Region Civil Rights Office).
x
6.2 Determine Applicability of Davis-Bacon Act
This project ☐ is ☐ is not exempt from Davis-Bacon requirements as determined
by the functional classification of the project location (Projects located on local roads
and rural minor collectors may be exempt.)
CDOT Resident Engineer Date
x
6.3 Set On-the-Job Training Goals (CDOT Region Civil Rights Office) "NA", if Not Applicable x
6.4 Enforce Prompt Payment Requirements
6.5 Use Electronic Tracking and Submission Systems – B2GNow ☐ LCPtracker ☐
3 6.6 Prepare/submit Title VI Plan and Incorporate Title VI Assurances
6,7 Ensure the correct Federal Wage Decision, all required Disadvantaged Business
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included
in the Contract (CDOT Resident Engineer)
ADVERTISE, BID AND AWARD of CONSTRUCTION PROJECTS
Federal Project (use 7.1 series in Chapter 7) ☐ Non-Federal Project (Use 7.2 series in Chapter 7) ☐
6,7 Obtain Approval for Advertisement Period of Less Than Three Weeks;
7 Advertise for Bids
7 Concurrence to Advertise
7 Distribute “Advertisement Set” of Plans and Specifications
7 Review Worksite & Plan Details w/ Prospective Bidders While Project Is Under Ad
7 Open Bids
7 Process Bids for Compliance
Check CDOT Form 1415 – Commitment Confirmation when the low bidder
meets DBE goals. (Please write in "NA", if Not Applicable) x
Evaluate CDOT Form 1416 - Good Faith Effort Report and determine if the Contractor
has made a good faith effort when the low bidder does not meet DBE goals. "NA", if Not Applicable.
x
Submit required documentation for CDOT award concurrence
Concurrence from CDOT to Award x
Approve Rejection of Low Bidder x
7,8 Award Contract (federal)
Exhibit E-1 - Page 2 of 5
xx xn/a n/a
n/a
x x
Mark Bunnell 03/27/2024
xxn/a
x x
x
x
n/a n/axx
xx xxxxn/a n/ax
n/a
x
x
x
x
x
x
DocuSign Envelope ID: C48AD458-9F3F-4961-86B9-A4B7F283C53E
LA
WR NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
8 Provide “Award” and “Record” Sets of Plans and Specifications (federal)
CONSTRUCTION MANAGEMENT
8 Intro File Project Construction Records/Documentation in ProjectWise or as directed x
8 8.1 Issue Notice to Proceed to the Contractor
8 8.2 Project Safety
8 8.3 Conduct Conferences:
Pre-construction Conference (Appendix B)
•Fabrication Inspection Notifications
Pre-survey
•Construction staking
•Monumentation
Partnering (Optional)
Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual)
Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual)
HMA Pre-Paving (Agenda is in CDOT Construction Manual)
8 8.4 Develop and distribute Public Notice of Planned Construction to media and local
residents
9 8.5 Supervise Construction
A Professional Engineer (PE) registered in Colorado, who will be “in responsible
charge of construction supervision.”
_____________________________________________ _________________
Local Agency Professional Engineer
or CDOT Resident Engineer
Phone number
Provide competent, experienced staff who will ensure the Contract work is constructed
in accordance with the plans and specifications
Construction inspection and documentation (including projects with structures)
Fabrication Inspection and documentation
9 8.6 Review and Approve Shop Drawings
9 8.7 Perform Traffic Control Inspections
9 8.8 Perform Construction Surveying
9 8.9 Monument Right-of-Way
9,9A 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates. Collect and
review CDOT Form 1418 (or equivalent) or use compliance software system.
Provide the name and phone number of the person authorized for this task.
_____________________________________________ ____________________
Local Agency Representative Phone number
9 8.11 Prepare and Approve Interim and Final Utility and Railroad Billings
9B 8.12 Prepare and Authorize Change Orders x
9B 8.13 Submit Change Order Package to CDOT x
9A 8.14 Prepare Local Agency Reimbursement Requests x
9 8.15 Monitor Project Financial Status
9 8.16 Prepare and Submit Monthly Progress Reports
9 8.17 Resolve Contractor Claims and Disputes
8.18 Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task.
_____________________________________________ ____________________
CDOT Resident Engineer Phone number
x
9 8.19 Ongoing Oversight of DBE Participation x
Exhibit E-1 - Page 3 of 5
x
xx
x
x
n/a
n/an/a
n/an/a
x
Eva Wilson 970-390-2014
x
xx
xxx
Eva Wilson 970-390-2014
n/a
xx
Mark Bunnell 970-683-6276
n/a n/a
n/a
n/a n/an/a n/an/a
n/an/a
n/a
x
x
n/a n/a
n/a
x
x
x
x
DocuSign Envelope ID: C48AD458-9F3F-4961-86B9-A4B7F283C53E
LA
WR NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
MATERIALS
9,9C 9.1 Discuss Materials at Pre-Construction Meeting
•Buy America documentation required prior to installation of steel
9,9C 9.2 Complete CDOT Form 250 - Materials Documentation Record
•Generate form, which includes determining the minimum number of required tests
and applicable material submittals for all materials placed on the project
•Update the form as work progresses
•Complete and distribute form after work is completed
9C 9.3 Perform Project Acceptance Samples and Tests
9C 9.4 Perform Laboratory Acceptance Tests
9C 9.6 Accept Manufactured Products
Inspection of structural components:
•Fabrication of structural steel and pre-stressed concrete structural components
•Bridge modular expansion devices (0” to 6” or greater)
•Fabrication of bearing devices
9C 9.6 Approve Sources of Materials
9C 9.7 Independent Assurance Testing (IAT)
Local Agency Procedures ☐ CDOT Procedures ☐
•Generate IAT schedule
•Schedule and provide notification
•Conduct IAT
9C 9.8 Approve mix designs
•Concrete
•Hot mix asphalt
9C 9.9 Check Final Materials Documentation
9C 9.10 Complete and Distribute Final Materials Documentation
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
9 10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements
8,9 10.2 Process CDOT Form 205 - Sublet Permit Application and CDOT Form 1425 – Supplier
Application Approval Request. Review & sign completed forms, or review/approve in
compliance software system, as applicable, & submit to Region Civil Rights Office.
9 10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee
Interviews. Complete CDOT Form 2809 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with
the “Commercially Useful Function” Requirements
9 10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees.
•Complete CDOT Form 1337 – Contractor Commitment to Meet OJT
Requirements.
•Complete CDOT Form 838 – OJT Trainee / Apprentice Record.
•Complete CDOT Form 200 - OJT Training Questionnaire
9 10.6 Check Certified Payrolls (Contact the Region Civil Rights Office for training reqmts.)
9 10.7 Submit FHWA Form 1391 - Highway Construction Contractor’s Annual EEO Report
10.8 Contract Compliance and Project Site Reviews x
FINALS
11.1 Conduct Final Project Inspection & Final Inspection of Structures, if applicable x
10 11.2 Write Final Project Acceptance Letter
10 11.3 Advertise for Final Settlement
11 11.4 Prepare and Distribute Final As-Constructed Plans
11 11.5 Prepare EEO Certification and Collect EEO Forms
11 11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and
submit Final Certifications
Exhibit E-1 - Page 4 of 5
x
x
xx
xx
x
n/an/a
n/ax
x
x
x
x
x
x
n/a
n/an/a
x
x
x
x
x
n/a
x
n/a
x
x
x
x
x
x
x
x
x
x
x
x
x
DocuSign Envelope ID: C48AD458-9F3F-4961-86B9-A4B7F283C53E
LA
WK NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
11 11.7 Check Material Documentation and Accept Final Material Certification (See Chapter 9)
11.8 Review CDOT Form 1419 x
11.9 Submit CDOT Professional Services Closeout Report Form
11.10 Complete and Submit CDOT Form 1212 LA – Final Acceptance Report (by CDOT) x
11 11.11 Process Final Payment
11.12 Close out Local Project x
11.13 Complete and Submit CDOT Form 950 - Project Closure x
11 11.14 Retain Project Records
11 11.15 Retain Final Version of Local Agency Contract Administration Checklist
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region Civil Rights Office
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
Exhibit E-1 - Page 5 of 5
x
x
x
x x
xx
x
x
DocuSign Envelope ID: C48AD458-9F3F-4961-86B9-A4B7F283C53E
(970)748-4001 mjauregui@avon.org
TO: FROM:
RE:
DATE:
Honorable Mayor Amy Phillips and Council members Miguel Jauregui Casanueva, Town Clerk
IGA 2024 Eagle County General Election
August 13, 2024
SUMMARY: The attached Intergovernmental Agreement sets forth the administration and conduct of the
November 5, 2024, Coordinated General Election. If the Town Council approves the IGA, the ballot will
include municipal candidates (three seats open) and possibly a ballot measure. The IGA must be submitted
to the County at least 70 days before the election, as required by § 1-7-116(2), which is August 27, 2024 in
order to participate.
BACKGROUND: The election will be administered as a coordinated mail ballot election by Eagle County
Clerk and Recorder Regina O’Brien. In my role as Town Clerk, I will serve as the designated election official
and work with the Eagle County Clerk to administer Avon’s portion of the coordinated election, acting as the
primary liaison between the Town and the County Clerk. This arrangement is outlined in the IGA, and the
Town Code Section 1.12.020.
ANALYSIS The IGA addresses such items as follows:
Responsibilities of County Clerk and Political Subdivision Responsibilities: section details responsibilities
for both election officials
Costs: This Section estimates election costs on a prorated basis based primarily on the number of ballot
issues, active voters, and/or items to be included on the ballot for each political subdivision. On average
election costs have been around $4,500 with presidential elections typically seeing higher voter turnout
and related higher costs.
Call and Notice: This section details who is responsible for the election publication
Ballot Certification: This section details the town’s role in submitting the ballot text to the county
Preparation of Voter Lists: This section details the exchange of the voter lists
Tabor Notice: This section details responsibility with regard to the Tabor notices
Street Locator List: This section details that the town is to provide an accurate street listing to the county
Cancellation: This section details that the town will notify the county if the election is cancelled
PROPOSED MOTION: I move to approve the Eagle County Intergovernmental Agreement for the November
5, 2024 Eagle County Coordinated Election.
Thank you,
Miguel Jauregui Casanueva
ATTACHMENTS
Attachment A: Eagle County Intergovernmental Agreement for November 5, 2024 Coordinated Election.
Eagle County 2024 General Election IGA Page 1
Intergovernmental Agreement
Between the Eagle County Clerk and Recorder and
Town of Avon
Concerning the Tuesday, November 5, 2024 General Election
THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder (the “Clerk”) and the
Town of Avon concerning the Tuesday, November 5, 2024 General Election is made on
_______________.
RECITALS
WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official for
the General Election, and in accordance with state law, will conduct the General Election on behalf of all
participating political subdivisions having jurisdiction within the boundaries of Eagle County; and
WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the
General Election to enter into an agreement with the Clerk concerning the conduct of the General
Election, to be signed no later than seventy (70) days prior to the scheduled election; and
WHEREAS, the Political Subdivision intends to submit one or more ballot measure(s) and/or candidate
race(s) at the General Election; and
WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and
memorialize their agreement with respect to the conduct of the General Election.
NOW THEREFORE, in consideration of the above premises and the promises contained herein, the
parties agree as follows:
I. Coordinated and Designated Election Officials
A.Except as otherwise provided in this section, the Clerk shall act as the Coordinated Election
Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform
Election Code of 1992, Colorado Title 1, C.R.S. as amended (“Election Code”) which require
action by the Coordinated Election Official.
Docusign Envelope ID: 7766D0E1-C0FE-45EF-931F-5155895EB211
ATTACHMENT A
Eagle County 2024 General Election IGA Page 2
B. The Political Subdivision shall name a Designated Election Official (“DEO”) who shall act as the
primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be
deemed or construed to relieve the Clerk or the governing body of the Political Subdivision
from their official responsibilities for the conduct of the Election.
C. Jurisdictional Limitation
This Agreement shall apply only to the portion of the Political Subdivision within the boundaries
of Eagle County.
D. Clerk’s Contact Officer
The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder
(stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the
Clerk’s primary liaison with the Political Subdivision for all purposes relating to the Election.
The Contact Officer shall act under the authority of the Clerk.
II. Clerk Responsibilities
The Clerk will perform all duties in substantial compliance with applicable provisions of the Election
Code, the Election Rules (“Election Rules”) promulgated by the Colorado Secretary of State, as may be
amended from time to time; and any then-current policy directives of the Colorado Secretary of State,
if applicable.
A. Preparation for Election
1. The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix
B), listing all residential street addresses situated within the Political Subdivision’s
boundaries, as currently configured in Colorado’s statewide voter registration database
(“SCORE”).
2. The Clerk shall manage all voter registration records and correspondence.
3. The Clerk shall supply, deliver, and set up all voting equipment and other items necessary to
conduct the Election.
4. The Clerk shall appoint eligible electors as election judges, arrange for their compensation,
and provide election judge training in advance of the Election.
5. The Clerk shall include on the ballot all content timely certified by the Political Subdivision in
accordance with law; contract for the printing of ballots, ballot envelopes, and other printed
materials reasonably necessary to conduct the Election; and arrange for payment to the
printing vendor(s).
Docusign Envelope ID: 7766D0E1-C0FE-45EF-931F-5155895EB211
Eagle County 2024 General Election IGA Page 3
6. The Clerk shall publish and post a notice of election as required by 1-5-205 C.R.S. in the
Eagle Valley Enterprise, the Vail Daily, and, as applicable, the Aspen Times Weekly, no later
than twenty (20) days prior to the Election.
7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and
logic and accuracy testing of Eagle County’s voting system and components in substantial
compliance with Conditions of Use applicable to Eagle County’s voting system as certified by
the Colorado Secretary of State.
B. Conduct of Election
1. The Clerk shall designate the proper number and locations of vote centers and 24-hour
ballot boxes. All voting locations will be reasonably accessible to voters with disabilities.
2. The Clerk shall adhere to security requirements pursuant to Election Rule 20, including the
security of physical ballots and video surveillance.
3. The Clerk shall provide for the processing of all ballots and verification of electors’
signatures on the self-affirmation printed on the mail ballot return envelopes and UOCAVA
ballot return affidavits.
4. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted
mail and electronically transmitted ballots from military and overseas voters in substantial
compliance with the deadlines and delivery methods mandated by applicable provisions of
federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act,
all as amended.
5. The Clerk shall conduct the required post-election risk-limiting audit (RLA).
6. The Clerk shall conduct any mandatory or permissive recount.
7. The Clerk shall appoint the risk-limiting audit board members, coordinate the appointment
of the canvass board members through local Democratic and Republican parties, conduct
the risk-limiting audit and canvass, and certify the official results of the Election.
8. The Clerk shall provide an official Certification of Election to the Political Subdivision after
the official close of the Election. Any additional Certificates of Election which are required
by law to be forwarded to another division of government shall be the responsibility of the
Political Subdivision.
9. The Clerk shall preserve all election records relating to the Election for at least twenty-five
months pursuant to 1-7-802 C.R.S.
10. The Clerk shall be the final decision maker on any substantive and procedural issues
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regarding the conduct of the Election.
C. Ballot Issue Notice (“TABOR Notice”)
1. The Clerk shall prepare and mail a combined TABOR Notice in substantial compliance with
Article X, Section 20 of the Colorado Constitution (“TABOR Amendment”) and applicable
provisions of the Election Code and Election Rules. As nearly as practicable, the notice shall
be in the order the ballot issues will appear on the ballot.
2. The Clerk shall mail the TABOR Notice not less than thirty (30) days prior to the Election,
pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S. The Clerk
shall determine the least cost method for mailing the ballot issue notice, but at a minimum,
the ballot issue notice shall be addressed and mailed to eligible voters at each address in
Eagle County where one or more registered voters of the Political Subdivision and of any
other participating entity resides. Nothing herein shall preclude the Clerk from mailing the
TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises
from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at
the least cost.
III. Political Subdivision Responsibilities
A. Contact Liaison
1. The Political Subdivision shall identify a “Designated Election Official” (DEO) to act as a
liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be
responsible for the final approval of ballot content and TABOR Notice content. To meet
statutory and printing deadlines, the DEO shall respond to all Election-related written
correspondence, electronic correspondence, phone calls, text messages, or any other
communication from the Clerk/Contact Officer as soon as possible and no later than four
(4) hours from the time of delivery by the Clerk/Contact Officer. If the DEO cannot
respond within four (4) hours, an alternative official may respond on the DEO’s behalf.
Failure to respond to correspondence within four (4) hours shall constitute approval
allowing the Clerk to move forward, at the Clerk’s discretion, with the action or inaction the
Clerk deems appropriate under the circumstances.
2. DESIGNATED ELECTION OFFICIAL
The Political Subdivision has designated________________________________________
whose mailing address is _____________________________________________________
and whose phone number is___________________________________________________
and whose cell phone number is _______________________________________________
and whose email address is____________________________________________________
and whose fax number is______________________________________________________
as its DEO for the purpose of the Election.
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3. ALTERNATIVE OFFICIAL
The Political Subdivision has designated________________________________________
whose mailing address is _____________________________________________________
and whose phone number is___________________________________________________
and whose cell phone number is _______________________________________________
and whose email address is____________________________________________________
and whose fax number is______________________________________________________
as its alternative official for the Election.
B. Certification of Address Ranges
1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address
ranges and street names situated in the Political Subdivision are accurately and completely
stated in the Address Library Report attached hereto as Appendix B.
2. In connection with such Address Library Report verification and certification, the Political
Subdivision shall note any address ranges or street names within the Political Subdivision
that are inaccurately or incompletely stated in or omitted from the Address Library Report,
and certify on the Statement of Certification (Appendix C) the accuracy and completeness of
the remainder of the Address Library Report.
3. The Political Subdivision shall deliver to the Clerk its Statement of Certification (Appendix C)
and accuracy of the Address Library Report, with notations regarding inaccuracies and
omissions by seventy (70) days before the election, no later than 3:00 p.m. Mountain
Standard Time on Tuesday, August 27, 2024. Address changes will not be allowed after this
date. If the certification is not provided by the date specified herein, the Political
Subdivision may not be allowed to participate in the Election or the Clerk may build the
election on the assumption that the Address Library Report attached hereto as Appendix B
is both complete and accurate, as the Clerk in her discretion may decide.
C. Ballot Content
1. Definitions of Ballot Issue and Ballot Question:
a. TABOR “ballot issue” means a state or local government matter arising under the TABOR
Amendment
b. “Ballot question” means a state or local government matter involving a citizen petition
or referred measure, other than a ballot issue.
2. The Political Subdivision shall be solely responsible for determining whether a ballot issue,
ballot question, candidate contest, or candidate is eligible and properly certified for the
ballot.
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3. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content
(candidate contests, ballot issues, and ballot questions in order) referred by the Political
Subdivision for the Election pursuant to section 1-5-203 C.R.S:
a. The Political Subdivision shall not certify any single ballot issue or ballot question in
excess of two hundred and fifty (250) words in English (inclusive of the title) unless the
Clerk provides written consent in advance. Notwithstanding the foregoing, for ballot
issues or ballot questions that will involve coordination with other counties beyond
Eagle County, the Political Subdivision will adhere to any smaller word limit that may be
required by other county clerk and recorders.
b. The Political Subdivision shall not certify any single ballot issue or ballot question title in
excess of ten (10) words in English unless the Clerk provides written consent in advance.
Notwithstanding the foregoing, for ballot issue or ballot question titles that will involve
coordination with other counties beyond Eagle County, the Political Subdivision will
adhere to any smaller word limit that may be required by other county clerk and
recorders.
c. Such certified ballot content and the signed resolution that authorizes the ballot
content shall be delivered to the Clerk as an email attachment in Word format (see
section C.3.h or full required formatting of ballot and TABOR content), at the earliest
possible time and in no event later than 3:00 p.m. Mountain Standard Time on Friday,
September 6, 2024 (Appendix A), pursuant to section 1-5-203, C.R.S., as amended.
d. The Political Subdivision that issues certified ballot content pursuant to 1-5-203, C.R.S.
shall be solely responsible for the accuracy of the information contained in the
certificate. Any error that can be corrected pursuant to 1-5-412, C.R.S. shall be
corrected at the expense of the Political Subdivision whose DEO issued and/or approved
the incorrect certification. Such costs include but are not limited to staff time to
reprogram election content, additional required logic and accuracy testing, reprinting of
ballot and ballot materials, and staff time required to make corrections.
e. All ballot content certified by the Political Subdivision shall utilize the exact language
and order as such ballot content is to appear on the printed official and sample ballots
for the Election. The list of candidates/questions must be typed exactly as it is to appear
on the ballot, including correct order, title, spelling, spacing, and punctuation.
i. For candidates, specify the exact titles of offices, the order of the names to
appear for each office, and the order of offices.
ii. For issues, specify the ballot title and the order of the issues (per C.R.S., the Clerk
determines specific numbering on the ballot).
iii. If the Political Subdivision has a TABOR issue on the ballot, the issue text must be
typed in all uppercase as is dictated by law (i.e. TABOR Amendment).
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iv. If the Political Subdivision has a non-TABOR question on the ballot, the question
must be typed in mixed case.
v. Bullet points may be used, but sub-bullet points may not be used; spacing is at
the discretion of the Clerk to accommodate proper ballot layout.
vi. Ballot Issues or Questions vote choice must be formatted as follows:
_____YES/FOR _____NO/AGAINST
It is at the discretion of the Clerk to change the formatting on the ballot to match this
formatting if it is not certified in this required format or if the formatting results in the
ballot increasing in length, multiple sides, or multiple pages. The Clerk also has
discretion to make non-substantive formatting changes, including but not limited to
font, font size, and font case, in order to create consistency across ballot contests and
measures.
f. The Political Subdivision has the responsibility to proofread and edit the text of the
ballot proof before the Clerk will authorize the printing of the ballots. From the time
the Clerk delivers via email the ballot proof, the Political Subdivision has four (4) hours
to proofread, correct if necessary, sign, and return the proof to the Clerk. The Political
Subdivision’s failure to disapprove and correct errors within that time shall constitute an
approval of the ballot proof. After final approval of the ballot proof, the Political
Subdivision assumes all responsibility and cost for any judicial proceedings related to
any errors within the text of its issue, question, or contest on the printed ballots.
g. The Political Subdivision authorizes the Clerk to correct typographical errors and
omissions, and to determine the appropriate ballot question number or letter upon
designation of the ballot number or letter by the Clerk.
h. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact
Officer in conformance with the following formatting requirements:
i. Software: Microsoft Word '03 or later (not as a PDF)
ii. Spacing: Single
iii. Font Type: Arial Narrow
iv. Font Size: 10 point
v. Justification: Left
vi. All Margins: 0.5 inches
vii. Language: English
viii. Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and
stacey.jones@eaglecounty.us
Submissions not meeting these requirements may be rejected by the Clerk.
i. Spanish language translation of the ballot content must be submitted by the Political
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Subdivision to the Clerk by 3:00 p.m. Mountain Standard Time on Friday, September 6,
2024. Spanish language translations must be linguistically accurate, culturally
appropriate, and technically consistent with the original documents.
j. The Political Subdivision must provide an audio recording of each candidate’s name. The
DEO or candidate may leave an audio recording of the candidate’s name, exactly as
certified for the ballot, on the voicemail of the Clerk (970-382-8783) or Contact Officer
(970-328-8726). This audio recording must be provided no later than the deadline to
certify ballot content, Friday, September 6, 2024 by 3:00 p.m. Mountain Standard Time
(Appendix A).
D. Ballot Issue Notice (“TABOR Notice”)
1. The Political Subdivision shall receive, store, and prepare TABOR Notice content according
to the provisions set forth in the TABOR Amendment and 1-7-901, 1-7-902, 1-7-903, 1-7-
904, and 1-7-908 C.R.S.
2. The Political Subdivision shall transmit via email the full text of any required TABOR Notice
information, fiscal information, and pro/con statement summaries to the Clerk in order to
be included in the TABOR Notice mailings no later than forty-three (43) days, Monday,
September 23, 2024 by 3:00 p.m. Mountain Standard Time (Appendix A) before the
Election, in final written form in accordance with the formatting requirements for ballot
certification (see formatting requirements listed in section C.3.h). Submissions not meeting
these requirements will be rejected by the Clerk.
3. The Clerk will coordinate Spanish translation of all TABOR Notice content if the Political
Subdivision provides advanced notice by Friday, September 6, 2024 to the Clerk or Contact
Officer that the Political Subdivision would like to engage with this service (and be invoiced
for the Political Subdivision’s portion of the translation cost). If the Political Subdivision
does not choose to coordinate with the Clerk, the Spanish translation of TABOR Notice
content is required on Monday, September 23, 2024 by 3:00 p.m. Mountain Standard
Time. In accordance with Secretary of State Election Rule 4.8.9(b)(1) (8 CCR 1505-1), a
Spanish language translations must be performed by a qualified interpreter or translator,
linguistically accurate, culturally appropriate, and technically consistent with the original
documents.
4. The Political Subdivision shall incorporate in its TABOR Notice content a local office address
and telephone number specific to the Political Subdivision or the Political Subdivision DEO
to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all
correspondence and inquiries that the Clerk receives within its expertise relating to election
procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues,
ballot questions, candidates, or the operations of the Political Subdivision to the Political
Subdivision’s DEO.
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5. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR
Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time
the Clerk delivers via email the TABOR Notice proof, the Political Subdivision has four (4)
hours to proofread, correct if necessary, sign, and return the proof to the Clerk. The
Political Subdivision’s failure to disapprove and correct errors within that time shall
constitute an approval of the TABOR Notice proof. After final approval of the TABOR Notice
proof, the Political Subdivision assumes all responsibility and cost for any judicial
proceedings related to any errors within the text of their issue or information presented on
the TABOR Notice.
E. Cancellation of Election
1. If the Political Subdivision resolves not to hold the Election, notice of such cancellation shall
be provided to the Clerk immediately. The Political Subdivision shall not cancel its
participation in the Election after the twenty-fifth (25) day before the election, Friday,
October 11, 2024 (Appendix A), pursuant to section 1-5-208(2), C.R.S., as amended.
2. The Political Subdivision shall provide notice by publication of the timely cancellation of the
Election and a copy of the notice shall be posted in the office of the Clerk, in the office of
the Designated Election Official, in the primary building of the Political Subdivision, and, if
the Political Subdivision is a special district, in the office of the division of local government.
The Political Subdivision is solely responsible for delivering such postings to each entity.
3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the
date that notice was received by the Clerk together with all expenses incurred thereafter
which could not be avoided by reasonable effort. All costs incurred or contracted for by the
Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed
by the Political Subdivision.
4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full
actual costs of the activities of the Clerk relating to the Election incurred both before and
after the Clerk’s receipt of such notice.
F. Other Responsibilities
1. The Political Subdivision shall exercise all reasonable diligence, care, and control in
providing the services noted above to the Clerk.
2. The Political Subdivision’s DEO or assigned representative shall assist with equipment logic
and accuracy testing, post-election canvass, and risk-limiting audit as requested by the
Clerk.
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3. The Political Subdivision shall give assistance and information to the Clerk on any matter to
ensure the smooth and efficient operation of the Election (such information not to include
legal advice).
4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are
necessary or appropriate to the performance of the above duties.
5. The Political Subdivision shall follow the additional responsibilities in which non-resident
property owners may be eligible to vote as set forth in Appendix D.
IV. Miscellaneous
A. Costs
1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the
Election, including but not limited to costs incurred for supplies, printing, ballot insertion
and mailing, legal and other notices, temporary labor, compensation of election judges,
overtime pay for staff, and other expenses attributable to the Clerk’s conduct of the
Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision
general estimates of cost but such estimates are not binding. The Political Subdivision is
responsible for the pro rata share of actual costs as determined by the Clerk.
2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses
reasonably incurred in connection with the preparation, translation, printing, labeling,
postage, and mailing of the TABOR Notice. Said expenses shall be prorated among all
Political Subdivisions participating in the TABOR Notice.
3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct
costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to
remedy, resolve, or reconcile the Political Subdivision’s failure or omission to timely
perform any of its obligations under this Agreement, without regard to whether the Political
Subdivision rescinds its intent to participate in the Election.
4. In the event an interested party is not liable for payment of costs incurred in connection
with a mandatory or permissive recount of, or election contest relating to, one or more
candidate contests, ballot issues, or ballot questions certified by the Political Subdivision,
the Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred
by the Clerk to conduct or participate in any such recount or ballot contest. If more than
one political subdivision participating in the Election is involved in any such recount or
election contest, the costs thereof shall be prorated between the Political Subdivision and
such other participating entities.
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5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings
regarding whether or not the political subdivision measures or candidates legally belong on
the ballot and any other challenges, both pre-and post-election.
6. The Clerk shall submit to the Political Subdivision an invoice for the Political Subdivision’s
pro rata share of direct and indirect costs incurred in connection with the Political
Subdivision’s participation in the Election within ninety (90) days after the Election
(Appendix A).
7. The minimum charge for coordinating the Election with the Clerk for coordinating entities
with 300 or fewer active voters on Election Day shall be $500.00. The minimum charge for
coordinating entities with 301 or more active voters on Election Day shall be $1000.00.
8. In addition, there will be a surcharge for coordination and administration of non-resident,
property owner ballot mailing of $1000.00.
9. The Political Subdivision shall remit all payments due to the County upon receipt of an
itemized statement by February 28, 2025 (Appendix A).
B. Indemnification
To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold
harmless the County, its officers, and employees, from any and all losses, costs, demands, or
actions arising out of or related to any actions, errors or omissions of the Political Subdivision in
completing its responsibilities relating to the Election and related tasks.
C. Reasonable Care
The County and its employees, agents, representatives, or other persons acting under the direction
or control of the County shall use reasonable care in carrying out their obligations under this
Agreement.
D. Notices
Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are
deemed to have been received and to be effective:
● three days after they have been mailed by certified mail, return receipt requested to the
address as set forth below; or
● immediately upon hand delivery to Regina O’Brien, Clerk; or
● immediately upon receipt of confirmation that a fax or email was received.
To Clerk: Regina O’Brien
Eagle County Clerk and Recorder
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P.O. Box 537
Eagle, CO 81631
Fax: 888-816-1643
Email: regina.obrien@eaglecounty.us
E. Time is of the Essence
Per 1-7-116(2) C.R.S., this Agreement must be signed and returned to Regina O’Brien, Clerk and
Recorder, seventy (70) days before the Election, Tuesday, August 27, 2024 (Appendix A).
The statutory time requirements of the Election Code and Election Rules shall apply to the
completion of the tasks required by this Agreement.
In witness whereof, the Parties hereto have executed this Agreement to be effective this day:
___________
(Date)
________________________________________
Designated Election Official Date
For _____________________________________
(Political Subdivision)
________________________________________
Regina O’Brien Date
Eagle County Clerk and Recorder
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Appendix A
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 5, 2024 GENERAL MAIL BALLOT ELECTION
While this calendar may not include all election dates, some key dates are identified for reference.
Dates in red and underlined are key delivery dates of information from you to the Clerk’s office.
Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines:
● Friday, July 26, 2024 – 100 days prior - Last day for a political subdivision to notify the county clerk in writing
that it has taken formal action to participate in the 2024 General Election. (100 days before the General
Election). 1-7-116(5), 1-1-106(5) C.R.S.
● July 22 – 26, 2024 – IGAs will be mailed to participating entities. IGA will include address ranges that must
be verified and certified before or on the date the IGA is due. Political Subdivisions with property owner
ballots should also review Appendix D in the IGA and contact the Eagle County Assessor’s office to secure
the particular property owner list.
● Tuesday, August 27, 2024, by 3:00 p.m. MST – 70 days prior - Political Subdivisions participating in the
election must return signed IGAs to the Clerk. Political Subdivisions must verify and certify that all address
ranges situated in the Political Subdivision (Appendix B) are accurate and complete, note any changes or
inaccuracies, and certify to the Clerk (Appendix C). The deadline is 3:00 p.m. Address changes will not be
made after this date. Please submit sooner if possible. 1-7-116(2) C.R.S.
● Friday, September 6, 2024, by 3:00 p.m. MST – Last day for the DEO from each Political Subdivision to
certify the ballot order and content in English and Spanish and provide audio recordings of candidate names
to the Clerk. The deadline is 3:00 p.m. Please submit sooner if possible. 1-5-203(3)(a) C.R.S.
● Monday, September 9, 2024 – Last day for Political Subdivisions with property owner ballots to certify the
revised Assessor’s property owner list to the Clerk. Please submit sooner if possible.
● Week of September 16, 2024 – Equipment and Logic and Accuracy Testing
● Monday, September 16, 2024 – Deadline for Political Subdivisions with property owner ballots to certify the
military and overseas (UOCAVA) voter list to the Clerk.
● Friday, September 20, 2024, by noon MST – Last day for voters to file pro/con comments pertaining to local
ballot issues with the political subdivision DEO (not the Clerk & Recorder) in order to be included in the
ballot issue notice. (By noon the Friday before the 45th day before the election). Art. X, Sect. 20(3)(b)(v) 1-7-
901(4) C.R.S.
● Saturday, September 21, 2024 – 45 days prior – Deadline to send mail ballots to military and overseas
voters (UOCAVA voters). 1-8.3-110(1) C.R.S., Rule 16
● Monday, September 23, 2024, by 3:00 p.m. MST – 43 days prior - Political Subdivisions shall deliver the full
text of any required TABOR Notice information, fiscal information, and pro/con statement summaries in
English and Spanish to the Clerk to be included in the TABOR Notice mailing. 1-7-904 C.R.S.
● Friday, October 4, 2024 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). Colorado
Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S.
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Appendix A continued on next page
Appendix A – Continued
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 5, 2024 GENERAL MAIL BALLOT ELECTION
● Friday, October 11, 2024 – 25 days prior - Last date for Political Subdivision to cancel the election or
withdraw ballot issue or question. 1-5-208(2) C.R.S
● Friday, October 11, 2024 – Ballots may begin to be mailed, except for UOCAVA voters. 24-hour ballot drop
boxes open in Avon, Edwards, Eagle, Gypsum, El Jebel, Basalt, and Vail. 1-7.5-107(3)(a)(I) C.R.S., Rule 7.2.3
● Wednesday, October 16, 2024 – Property Owner Ballot Entities Only - Secure the supplemental Political
Subdivision Property Owner list from the Eagle County Assessor’s Office.
● Friday, October 18, 2024, by 10 a.m. MST - Property Owner Ballot Entities Only - Certify the revised
supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the
County Clerk. Please submit sooner if possible.
● Monday, October 21, 2024 – Avon, Eagle, and El Jebel vote centers open. 1-5-102.9(2) C.R.S., Rule 7.8.1
● Monday, October 28, 2024 – 8 days prior - Last day to register to vote to receive a mail ballot. After this
date, voters may pick up ballots in person at any vote center. 1-2-201(3)(b)(III) C.R.S.
● Tuesday, November 5, 2024 – Election Day - Polls open 7:00 a.m. – 7:00 p.m. All ballots must be in the
hands of the Clerk by 7 p.m. Mountain Standard Time on Election Day to be counted.
● Wednesday, November 27, 2024 – Deadline to certify election results. Official results will be forwarded to
Political Subdivisions. 1-10-102(1), 1-10-103(1) C.R.S.
● Monday, February 3, 2025 – Last day for the Clerk to mail invoices to Political Subdivisions for their share of
the election as well as any recount costs.
● Friday, February 28, 2025 – Last day for Political Subdivisions to submit payment for election and recount
costs to the Clerk's office.
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Appendix B
STREET LOCATOR REPORT FOR
NOVEMBER 5, 2024 GENERAL MAIL BALLOT ELECTION
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Appendix C
STATEMENT OF CERTIFICATION – STREET LOCATOR REPORT FOR
NOVEMBER 5, 2024 GENERAL MAIL BALLOT ELECTION
I, Miguel Jauregui Casanueva, as Designated Election Official for the Town of Avon, (hereinafter “Political
Subdivision”) do hereby certify that the Street Locator Report provided to the Political Subdivision has been
reviewed, any inaccuracies have been noted and corrections made, and to the best of my knowledge, I
believe it is a true and complete list of the addresses located within the Political Subdivision.
Designated Election Official Signature Date
for Town of Avon
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Appendix D
PROPERTY OWNER BALLOTS – TITLE 32
This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under
Title 32) in which property owners and their spouse or civil union partners who are not Eagle County residents
but are registered electors in the State of Colorado may be eligible to vote. Property owner self-affirming
oaths must be signed and returned to the County Clerk’s Office before ballots are sent to eligible property
owners.
Overview - Property Owner Ballots
Property owner ballots are special ballots that contain only those ballot contests certified by Political
Subdivisions in which owners (and their spouses or civil union partners) of real and personal property are eligible
to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1-
103(5) C.R.S.).
If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in
the Political Subdivision, the Clerk will issue the voter a regular Eagle County ballot style that contains all of the
contests in which they are eligible to vote in a given election, including the ballot content referred by the
Political Subdivision.
If a person resides outside of the Political Subdivision, owns property within the Political Subdivision, and is
registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the
contests referred by the Political Subdivision. This ballot will be sent only after the self-affirming oath has been
returned by the voter to the Clerk and after the Clerk has verified the voter’s eligibility in the statewide voter
registration system. If the property owner does not specify a ballot mailing address on the self-affirming oath,
the property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter
registration system.
Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property
owner ballot.
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Responsibilities of the Coordinating Political Subdivision
Street Locator Report
1. Review the Street Locator Report provided by the Clerk’s office (Appendix B).
2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and
are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the
Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk
no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 27, 2024, seventy (70) days
before the election. Please submit sooner if possible. The Political Subdivision is responsible for the
accuracy of this report.
Property Owner and Overseas and Military Voter Lists
1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk.
2. Secure the Political Subdivision Property Owner list from the Eagle County Assessor’s Office.
3. Remove all non-human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor’s list.
4. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list
to determine if there are any Political Subdivision property owners on the UOCAVA list; identify all
UOCAVA property owners.
5. Certify the revised Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format
to the County Clerk by Monday, September 9, 2024. Please submit sooner if possible. Political
Subdivision is responsible for the accuracy of this list.
6. Certify the list of any UOCAVA property owners to the Clerk by Monday, September 16, 2024, to ensure
timely delivery of Property Owner oath for voters to return in time for statutory delivery of UOCAVA
property owner ballots (NOTE: UOCAVA ballots must be sent by Saturday, September 21, 2024 (1-8.3-
110(1) C.R.S.)).
7. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s
Office no later than Wednesday, October 16, 2024 (20 days before the election). This supplemental list
shall contain the names and addresses of all recorded owners who became owners no later than
Monday, October 14, 2024 (22 days prior to the election).
8. Certify the revised supplemental Assessor’s list that includes new property owners and new UOCAVA
property owners (i.e. the list should exclude non-human entities and previously identified UOCAVA
voters) in Excel format to the County Clerk by Friday, October 18, 2024 by 10 a.m. MST. Please submit
Docusign Envelope ID: 7766D0E1-C0FE-45EF-931F-5155895EB211
Eagle County 2024 General Election IGA Page 19
sooner if possible. Political Subdivision is responsible for the accuracy of this list.
Responsibilities of the County Clerk and Recorder
1. After receiving the certified property owner list from the Political Subdivision, as well as the
supplemental list, prepare and send the property owner TABOR Notice to the property owner
households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be
combined with other TABOR notices or mailed separately at the discretion of the Clerk.
2. A self-affirming oath will be sent to each household that must be returned by each eligible elector (1-
13.5-202, C.R.S. and 32-1-103(5), C.R.S.).
3. Upon return to the Clerk of the signed self-affirming oath, determine if the individual is a registered
voter in the State of Colorado but is not already registered to vote at an address within the Political
Subdivision.
4. Prepare and send property owner ballots to all eligible electors entitled to vote by virtue of a self-
affirmation (32-1-806, C.R.S.).
5. Record each property owner ballot returned and signature verified.
6. Process ballots at central count.
7. Tabulate and certify results.
Docusign Envelope ID: 7766D0E1-C0FE-45EF-931F-5155895EB211
Page 1 of 14 Version 12.2023
GRANT AWARD LETTER
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Colorado Energy Office
Grant Amount
State Fiscal Year 2025: $560,000.00
State Fiscal Year 2026: any unused funds from SFY25
State Fiscal Year 2027: any unused funds from SFY26
State Fiscal Year 2028: any unused funds from SFY27
State Fiscal Year 2029: any unused funds from SFY28
State Fiscal Year 2030: any unused funds from SFY29
Total for all State Fiscal Years: $560,000.00
Grantee
Town of Avon
Grantee UEI
R9Q7L4C1QKK5
Grant Issuance Date
The date the State Controller or an authorized delegate signs
this Grant Letter
Grant Expiration Date
December 31, 2029
Grant Authority
Authority for the agency entering into this Grant Agreement
arises from CRS §24-38.5-101, et seq., and funds have been
appropriated for this Agreement using federal Grant funds
from the FHWA Congestion Mitigation and Air Quality
(CMAQ) program provided through CDOT FAIN No.
08SW01504M4001, CFDA No. 20.205, and a sufficient
unencumbered balance thereof remains available for payment.
Required approvals, clearance and coordination have been
accomplished from and with appropriate agencies.
Grant Purpose
The purpose of this Agreement is for Grantee to develop fast charging in Colorado to provide critical infrastructure for electric
vehicles and enable statewide travel in and electric vehicle. The Grantee was awarded grant funding as a result of the
competitive Electric Vehicle (EV) Direct Current-Fast Charging Plazas Grant Program Request for Applications (RFA) issued
by the Colorado Energy Office (CEO) on March 8, 2023.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1.Exhibit A, Statement of Work.
2.Exhibit B, Budget.
3.Exhibit C, Federal Provisions.
4.Exhibit D, Grantee’s Application.
5.Exhibit E, EV Plazas Request for Application.
In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1.Exhibit C, Federal Provisions.
2.Colorado Special Provisions in §17 of the main body of this Grant
3.The provisions of the other sections of the main body of this Grant.
4.Exhibit A, Statement of Work.
5.Exhibit B, Budget.
6.Exhibit D, Grantee’s Application.
7.Exhibit E, EV Plazas Request for Application (RFA).
ATTACHMENT A
Page 2 of 14 Version 12.2023
:
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement
and to bind the Party authorizing such signature.
GRANTEE
Town of Avon
______________________________________________
By: Eric Heil, Town Manager
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Energy Office
Will Toor, Executive Director
______________________________________________
By: Dominique Gómez, Deputy Director
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
_______________________________________________
By: Assistant Attorney General
Date: _________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Office of the Governor, Jonathon Bray, Controller
Effective Date:_____________________
Page 3 of 14 Version 12.2023
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter
(the “State”) hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the “Grantee”) an award of Grant Funds in the amounts shown on the first page of this
Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties’ respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter by providing Grantee with an updated Grant Award Letter showing the new Grant
Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds used
for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund
this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter
in whole or in part by providing written notice to Grantee that includes, to the extent
practicable, the public interest justification for the termination. If the State terminates this
Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the
percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee’s obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
subsection shall not apply to a termination of this Grant Award Letter by the State for breach
by Grantee.
C. Grantee’s Termination Under Federal Requirements
Grantee may request termination of this Grant by sending notice to the State, or to the Federal
Awarding Agency with a copy to the State, which includes the reasons for the termination
and the effective date of the termination. If this Grant is terminated in this manner, then
Grantee shall return any advanced payments made for work that will not be performed prior
to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Budget” means the budget for the Work described in Exhibit B.
Page 4 of 14 Version 12.2023
B. “Business Day” means any day in which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1) C.R.S.
C. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S.
D. “Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
E. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
F. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
G. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
H. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of
this Grant
I. “Extension Term” means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter
J. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement
contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the
Recipient. “Federal Award” also means an agreement setting forth the terms and conditions
of the Federal Award. The term does not include payments to a contractor or payments to an
individual that is a beneficiary of a Federal program.
K. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient. The Federal Highway Administration (FHWA) is the Federal Awarding Agency
for the Federal Award which is the subject of this Grant.
L. “Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired, produced,
or delivered by Grantee in connection with the Services.
M. “Incident” means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
N. “Initial Term” means the time period between the Grant Issuance Date and the Grant
Expiration Date.
O. “Matching Funds” means the funds provided Grantee as a match required to receive the
Grant Funds.
P. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
Q. “PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual’s identity, such as name, social security number, date and place of birth,
mother’s maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
Page 5 of 14 Version 12.2023
identifiable information in §§24-72-501 and 24-73-101 C.R.S. “PII” shall also mean
“personal identifying information” as set forth at § 24-74-102, et. seq., C.R.S.
R. “Recipient” means the State Agency shown on the first page of this Grant Award Letter, for
the purposes of the Federal Award.
S. “Services” means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the Goods.
T. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII, and State
personnel records not subject to disclosure under CORA. State Confidential Information shall
not include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State, which has been communicated, furnished, or disclosed by
the State to Grantee which (i) is subject to disclosure pursuant to CORA; (ii) is already known
to Grantee without restrictions at the time of its disclosure to Contractor; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by
Contractor to the State; (iv) is disclosed to Grantee, without confidentiality obligations, by a
third party who has the right to disclose such information; or (v) was independently developed
without reliance on any State Confidential Information.
U. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
V. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
W. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
X. “Sub-Award” means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded
in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow
down to this Sub-Award unless the terms and conditions of the Federal Award specifically
indicate otherwise.
Y. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. “Subcontractor” also includes sub-grantees.
Z. “Subrecipient” means a state, local government, Indian tribe, institution of higher education
(IHE), or nonprofit organization entity that receives a Sub-Award from a Recipient to carry
out part of a Federal program, but does not include an individual that is a beneficiary of such
program. A Subrecipient may also be a recipient of other Federal Awards directly from a
Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient.
AA. “Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
2 CFR Part 200, commonly known as the “Super Circular, which supersedes requirements
from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance
in Circular A-50 on Single Audit Act follow-up.
BB. “Work” means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
Page 6 of 14 Version 12.2023
CC. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Grant Issuance Date
that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit A. The State shall have no liability to compensate or reimburse Grantee
for the delivery of any goods or the performance of any services that are not specifically set forth
in this Grant Award Letter.
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for
each State Fiscal Year shown on the first page of this Grant Award Letter. Financial
obligations of the State payable after the current State Fiscal Year are contingent upon funds
for that purpose being appropriated, budgeted, and otherwise made available. The State shall
not be liable to pay or reimburse Grantee for any Work performed or expense incurred before
the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work
performed and expenses incurred by Grantee before the Grant Issuance Date that are
chargeable to an active Federal Award may be submitted for reimbursement as permitted by
the terms of the Federal Award.
B. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency
or the State to disallow costs and recover funds on the basis of a later audit or other review.
Any cost disallowance recovery is to be made within the Record Retention Period, as defined
below.
C. Matching Funds.
Grantee shall provide the Local Match Amount described in Exhibit B (the “Local Match
Amount”). Grantee’s obligation to pay all or part of any matching funds, whether direct or
contingent, only extends to funds duly and lawfully appropriated for the purpose of this
Agreement by the authorized representatives of Grantee and paid into Grantee’s treasury or
bank account. Grantee shall appropriate and allocate all Local Match Amounts to the purpose
of this Grant Award Letter each fiscal year prior to accepting any Grant Funds for that fiscal
year. Grantee does not by accepting this Grant Award Letter irrevocably pledge present cash
reserves for payments in future fiscal years, and this Grant Award Letter is not intended to
create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed
interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s
laws or policies.
D. Reimbursement of Grantee Costs
Page 7 of 14 Version 12.2023
Upon prior written approval, the State shall reimburse Grantee’s allowable costs, not
exceeding the maximum total amount described in this Grant Award Letter for all allowable
costs described in this Grant Award Letter and shown in the Budget, except that Grantee may
adjust the amounts between each line item of the Budget without formal modification to this
Agreement as long as the Grantee provides notice to the State of the change, the change does
not modify the total maximum amount of this Grant Award Letter or the maximum amount
for any state fiscal year, and the change does not modify any requirements of the Work. The
State shall reimburse Grantee for the Federal share of properly documented allowable costs
related to the Work after the State’s review and approval thereof, subject to the provisions of
this Grant. The State shall only reimburse allowable costs if those costs are: (i) reasonable
and necessary to accomplish the Work and for the Goods and Services provided; and (ii)
equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received
by Grantee that reduce the cost actually incurred).
E. Close-Out.
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. The
State will withhold 5% of allowable costs until all final documentation has been submitted
and accepted by the State as substantially complete. If the Federal Awarding Agency has not
closed this Federal Award within 1 year and 90 days after the Grant Expiration Date due to
Grantee’s failure to submit required documentation, then Grantee may be prohibited from
applying for new Federal Awards through the State until such documentation is submitted
and accepted.
6. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out described in §5.E, containing an evaluation and review of Grantee’s
performance and the final status of Grantee’s obligations hereunder.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding
Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal Award. The State or the Federal Awarding
Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31
U.S.C. 3321, which may include, without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such records during normal business hours at Grantee’s office or place of business, unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
Page 8 of 14 Version 12.2023
The State will monitor Grantee’s performance of its obligations under this Grant Award
Letter using procedures as determined by the State. Grantee shall allow the State to perform
all monitoring required by the Uniform Guidance, based on the State’s risk analysis of
Grantee. The State shall have the right, in its sole discretion, to change its monitoring
procedures and requirements at any time during the term of this Agreement. The State shall
monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s
performance of the Work. If Grantee enters into a subcontract or subgrant with an entity that
would also be considered a Subrecipient, then the subcontract or subgrant entered into by
Grantee shall contain provisions permitting both Grantee and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee’s records that relates to or affects this Grant or the Work, whether the
audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform
a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of the results
of that audit to the State within the same timelines as the submission to the federal
government.
8. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this Grant
Award Letter. Grantee shall provide for the security of all State Confidential Information in
accordance with all policies promulgated by the Colorado Office of Information Security and
all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its
Subcontractors will or may receive the following types of data, Grantee or its Subcontractors
shall provide for the security of such data according to the following: (i) the most recently
promulgated IRS Publication 1075 for all Tax Information and in accordance with the
Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit,
if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security
Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department
of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security
Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act
for all PHI and the HIPAA Business Associate Agreement attached to this Grant, if
applicable. Grantee shall immediately forward any request or demand for State Records to
the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees,
Page 9 of 14 Version 12.2023
assigns, and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant, and that the nondisclosure agreements are in force at all
times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee
shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall be a
“Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as
set forth in § 24-74-102, et. seq., C.R.S., Grantee, including, but not limited to, Grantee’s
employees, agents and Subcontractors, agrees not to share any PII with any third parties for
the purpose of investigating for, participating in, cooperating with, or assisting with Federal
immigration enforcement.
9. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
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State’s consideration. Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees
may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant.
10. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
11. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails
to comply with any term or condition of this Grant or any terms of the Federal Award, the State
may terminate some or all of this Grant and require Grantee to repay any or all Grant funds to the
State in the State’s sole discretion. The State may also terminate this Grant Award Letter at any
time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work
without intent to resume performance, prior to the completion of the Work.
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal regulations
related to any Federal Award that provided any of the Grant Funds, disputes concerning the
performance of this Grant that cannot be resolved by the designated Party representatives shall be
referred in writing to a senior departmental management staff member designated by the State and
a senior manager or official designated by Grantee for resolution.
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §13.
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
15. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials shall
be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b),
and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of
this Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
16. GENERAL PROVISIONS
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A. Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of
the updated letter. The Parties may also agree to modification of the terms and conditions of
the Grant in a formal amendment to this Grant, properly executed and approved in accordance
with applicable Colorado State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply
with all applicable Federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Page 12 of 14 Version 12.2023
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award
Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
K. Accessibility
i. Grantee shall comply with and the Work Product provided under this Contract shall
be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability, as established by OIT
pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also comply with all State
of Colorado technology standards related to technology accessibility and with Level
AA of the most current version of the Web Content Accessibility Guidelines
(WCAG), incorporated in the State of Colorado technology standards.
ii. The State may require Grantee’s compliance to the State’s Accessibility Standards to
be determined by a third party selected by the State to attest to Grantee’s Work
Product and software is in compliance with §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability as established by OIT
pursuant to Section §24-85-103 (2.5), C.R.S.
L. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit C at all times during the
term of this Grant.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
A. STATUTORY APPROVAL. §24-30-202(1) C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller
or designee. If this Contract is for a Major Information Technology Project, as defined in
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§24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the
State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S.
Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the
Parties, its departments, boards, commissions committees, bureaus, offices, employees and
officials shall be controlled and limited by the provisions of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et
seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an
agent or employee of the State. Grantee shall not have authorization, express or implied, to
bind the State to any agreement, liability, or understanding, except as expressly set forth
herein. Grantee and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not
pay for or otherwise provide such coverage for Grantee or any of its agents or
employees. Grantee shall pay when due all applicable employment taxes and income
taxes and local head taxes incurred pursuant to this Agreement. Grantee shall (a)
provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, (b) provide proof thereof when requested by
the State, and (c) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall
be null and void. All suits or actions related to this Contract shall be filed and proceedings
held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Grantee
harmless; requires the State to agree to binding arbitration; limits Grantee’s liability for
damages resulting from death, bodily injury, or damage to tangible property; or that conflicts
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with this provision in any way shall be void ab initio. Nothing in this Agreement shall be
construed as a waiver of any provision of §24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition,
operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term
of this Agreement and any extensions, Grantee has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines
that Grantee is in violation of this provision, the State may exercise any remedy available at
law or in equity or under this Agreement, including, without limitation, immediate
termination of this Agreement and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and
24-50-507 C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Agreement. Grantee
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Grantee’s services and Grantee shall not employ
any person having such known interests.
Exhibit A Page 1 of 15
EXHIBIT A, STATEMENT OF WORK
I. Work Tasks, Deliverables and Timeline
Task 1 – Agreement Administration
Task 1.1: Kick-off Meeting
The purpose of this task is to establish the expectations for communication and procedures for
implementing this Agreement. The meeting shall include, but not be limited to, an updated project
timeline and Grantee’s strategy to execute the Agreement and associated deliverables. The meeting
will review Agreement requirements and expectations.
1.1 Deliverables: Meeting minutes.
Task 1.2: Check-In Calls
CEO and the Grantee shall conduct project check-in calls on an as needed basis. The Grantee shall be
responsible for ensuring that all relevant staff attend each call. Meeting agendas will generally include
updates on each project task, challenges and barriers the Grantee is encountering, and any decisions
or guidance needed from CEO. CEO may decide to have more or less frequent calls over the course of
the project and will schedule them with the Grantee as needed. The Grantee must take meeting
minutes and submit to CEO within 1 week following completion of the meeting.
1.2 Deliverables: Meeting minutes.
Task 1.3: Critical Project Review (CPR) Meeting(s) (As Necessary)
CPRs provide the opportunity for CEO and Grantee to meet if the project is behind schedule or is
experiencing regular or extensive challenges. The purpose of this task is to formally check in on the
project status and identify any needed modifications to the tasks, products, schedule or budget.
CEO may schedule CPR meetings as necessary though the Grantee may request a meeting as well.
Participants shall include CEO, the Grantee’s key personnel, and may include other State
representatives as determined by CEO. CEO and the Grantee shall work together to develop the agenda
and meeting materials for each CPR. During the CPR, CEO will work with the Grantee to agree on action
items and any deliverables needed following the meeting. The Grantee shall take minutes and submit
to CEO Program Manager following the meeting.
Exhibit A Page 2 of 15
1.3 Deliverables: Meeting minutes and any other deliverables agreed on at the meeting.
Task 1.4: Final Meeting
The purpose of this task is to close out key milestones of the Agreement upon completion of all Plazas
and start of operations. The meeting agenda will include a review of project findings to date, conclusions
and lessons learned, and recommendations including those from Plaza operations and data from quarterly
Plaza use reports. The Grantee shall take minutes and submit to CEO Program Manager 1 week
following the meeting.
1.4 Deliverables: Meeting minutes and materials.
Task 2 Site Acquisition and Match Commitment
Task 2.1: Execute Site Host Agreements
The purpose of this task is to finalize site host agreements for each of the Plazas listed in Table 1 below.
The Grantee shall complete all steps necessary to secure site host agreements for each of the sites
listed in the table below.
2.1 Deliverables:
● Signed cover letter from Grantee certifying all provisions in this State of Colorado Grant
Agreement to fulfill the obligations of the grant have been met and Grantee’s authorization to
participate in the program is included in the signed agreement with each site host, if different
than grantee. If applicable, the letter shall also summarize the site host’s match for the project.
● A copy of the signed agreement page with each site host.
Grantee’s Plaza locations are:
Location Address #DCFC
(CCS)
kW
Avon 220 E. Benchmark Rd
Avon, Colorado 81620
4 160
Table 1. Grantee Plaza Locations
Task 2.2 Submit Utility Application for Each Site
Grantee shall submit utility applications for interconnection for each Plaza. If Grantee is participating
in programs such as Xcel’s EV Supply Infrastructure Program or other similar utility programs, Grantee
shall prepare the necessary supporting documentation required. Grantee shall follow up with the utility
as needed to complete the Plaza(s). Grantee should coordinate with the Utility to ensure a timely
delivery of necessary equipment such as transformers, switchgear and panels to avoid unnecessary
project delays.
Exhibit A Page 3 of 15
Task 3 Station Site Assessments, Environmental Clearance Process with CDOT, and Design and
Engineering
Due to the use of federal NEVI funding, compliance with the National Environmental Policy Act (NEPA)
is required. Plazas are typically considered a Class 2 level of NEPA known as a Categorical Exclusion
(CatEx). CDOT’s CatEx process shall be followed, and the project cleared by an Environmental Project
Manager in CDOT’s Environmental Programs Branch before proceeding with final design, right-of-way
acquisition, or construction.
3.1 Conceptual Site Plans/Assessments
Grantee shall provide conceptual site plans or engineering drawings to CDOT for review by
environmental resource specialists. These plans shall include a comprehensive project description
including the location and size of any areas of disturbance, the depth of disturbance, how power is
brought to the chargers, any boring or trenching needed, and any other details pertinent to the
construction of the plazas. The plans for all awarded individual Plazas should be submitted as one single
batch from the Grantee for clearances, if feasible.
3.1 Deliverables:
Draft conceptual site plans, engineering drawings, construction drawings, Station site assessments
and/or installation packages including but not limited to the following information:
i. Comprehensive project description
ii. Site plan or preliminary drawing for each plaza including any right-of-way or easements
needed
iii. Conceptual plans and engineering drawings
iv. Photo and description of the site
v. Explanation of any site walk findings and existing conditions
vi. Location and size of any areas of disturbance
vii. Depth of disturbance
viii. Utility requirements and electrical capacity such as kVa and how power is brought to the
chargers
ix. Any boring or trenching needed
x. Description of construction techniques
xi. Removal of any vegetation or trees
xii. Aesthetics of the equipment being installed
xiii. Adherence to the Americans with Disability Act (ADA)
xiv. Any other details pertinent to the construction of the plazas
xv. EV charging only signage
Exhibit A Page 4 of 15
xvi. Project schedule
3.2 CDOT Review of Drafts
Upon receipt of the draft documents in 3.1, the CDOT Environmental Project Manager will request
clearances from the CDOT environmental resource specialists. CDOT requires a minimum of eight
weeks to review the plans and descriptions to determine resource impacts and appropriate
minimization and mitigation measures. This also includes time to coordinate with other local, state and
federal resource agencies. If changes are made to a Plaza site after they are submitted for clearance,
this shall be reported to the CDOT Environmental Project Manager. It is possible that a change can
extend the review process.
Once the appropriate clearances are issued for each Plaza, the project can be cleared under NEPA and
the project may proceed to final design and right-of-way acquisition (if necessary). CDOT will inform
Grantee of the notice to proceed with final design for each Plaza.
3.2 Deliverables:
● Meetings with CDOT, as needed
● As requested by CDOT, Grantee shall respond to CDOT inquiries about the draft station site
assessments in 3.1 and make modifications and edits to the associated documents as needed.
3.3 Final Design and Construction Documents
Following notification to proceed from CDOT in 3.2, Grantee shall complete final design for each Plaza.
Grantee shall submit the final design documents to CDOT for final review and clearance to complete
the CatEx process. CDOT will review to confirm that nothing has changed from what was cleared under
NEPA in tasks 3.1 and 3.2 and that environmental notes and required mitigation are incorporated in
the final plans. If any edits to the final design plans are required, those plans will need to be resubmitted
to CDOT for review upon completion of the edits.
Once the final plans are approved, CDOT will inform CEO and Grantee that the final documents have
been approved and that Grantee may proceed with construction.
3.3 Deliverables:
● Final Design and Construction Documents
● Edits to final construction documents as requested by CDOT
3.4 Colorado branding on each station.
The Colorado Brand Compliance Officer for the State of Colorado (Integrated Document Solutions) is
the designated authority for reviewing and approving usage of the Colorado logo for this charger
deployment by Grantee, including review and approval of all artwork/design files. This mandatory
Exhibit A Page 5 of 15
review and approval will be coordinated through CEO.
CEO will provide Grantee original Colorado logo artwork for use in site branding, which must include
all logo elements, including the COLORADO logotype. Grantee will utilize the Colorado logo on any signs
or other branding at the Site. Grantee shall provide to CEO original charger branding artwork/design
files for mandatory brand compliance review. Grantee shall make necessary modifications as
communicated by CEO but shall not be required to make any changes to other aspects of Grantee’s
branding. Final approval in writing by CEO and Grantee is required before branding with the State of
Colorado logo.
3.4 Deliverables:
● Approved charger branding artwork/design incorporated into final station design and install.
3.5 Pre-Construction Checkpoint and Notice to Proceed
Grantee and CEO shall review and confirm that all aspects of the project will comply with the
requirements of NEVI and the DCFC Plazas program prior to construction beginning and upon
completion of each site. Failure to ensure that the project incorporates the following could result in
delayed reimbursement or forfeiture of the grant award. This shall include the following deliverables:
3.5 Deliverables:
• Davis-Bacon Wage Requirements& Reporting
o Labor also complies with apprenticeship and EVITP requirements, per the NEVI funding
requirements.
o Wages must be paid on a weekly basis for applicable labor and wage documentation must
be submitted to the CEO Grant Management portal.
• Confirmation that all equipment and construction materials will comply with the Buy America
Build America Requirements
• Confirmation that the hardware and network comply with all applicable cybersecurity
requirements. Confirmation that the selected chargers shall be capable of Plug & Charge.
• Written notification that design and engineering is complete and Grantee is ready to begin
installation for each plaza.
• Final copies of all construction and design documents as approved by CDOT.
• Copy of permit for each site.
• Verification to CEO that all minimum Plaza requirements have been met as outlined in the RFA
and described in Grantee’s application to the program including but not limited to charging
speeds, Open Charge Point Protocol (OCPP) compliance, sufficient parking spaces and American
with Disabilities Act (ADA) compliance. The original RFA and Grantee’s Application are
incorporated as Exhibits E and D.
Task 4 Plaza Construction and Equipment Installation/Project Signage
The purpose of Task 4 is to complete construction activities and installation of DCFC at the Plaza(s).
Exhibit A Page 6 of 15
Upon completion of each Plaza, Grantee shall work with site host, local jurisdictions, and CDOT to install
highway/interstate and other wayfinding signage, if eligible.
Task 4.1: Site Construction and Equipment Installation
Following completion of task 3.5, Grantee shall work with its subcontractors to complete all aspects of
Plaza construction and equipment installation. This includes but is not limited to the following:
i. Utilize the final construction drawings to prepare the Plaza(s) for installation and install the
DCFC.
ii. Procure all required materials and equipment for installation. Grantee shall ensure compliance
with Buy America Provisions as evidenced by means of a signed letter from all relevant vendors
and equipment suppliers for equipment made from iron or steel.
iii. Coordinate project meetings as needed with hosts, suppliers, subcontractors, utilities and local
authority having jurisdiction for the Plaza(s) to kick-off, track, and evaluate project status.
iv. Coordinate utility interconnection, service drop, transformer sizing, service activation, billing,
and other utility requirements as needed.
v. Install DCFC at the Plaza(s) that meets the minimum specifications approved in Tasks 2 and 3 as
well as the overall requirements of the original RFA and Grantee’s Application.
vi. Pass final inspections.
vii. Commission each system by verifying the installation meets the Site Drawings, approved
Installation Plan, and is actively collecting required data.
viii. Integrate each Plaza location with the Grantee’s network and confirm that each DCFC is
viewable on Grantee’s mobile app and other) applications used by drivers to find stations.
ix. Prepare and submit to CEO a Written Notification of Intent to Operate for the Plaza(s) that
declares installation for the site has been completed and is ready to be brought online, activated
and available to the public for use.
x. Accessible design standards must be incorporated, as detailed by the U.S. Access Board.
Accessible design standards require that 5%, but no fewer than one (1) stall at each awarded
address must be accessible and that the Grantee must incorporate the accessible design
standards into the parking stall(s) serving the highest power output charging port(s) at each
awarded address.
xi. (Optional): NACS cables: The Grantee may opt to install NACS cables with written pre-approval
from CEO if doing so doesn't impact the site's compliance with the minimum CCS port
requirements of the Plazas program, if doing so deviates from the original proposal. Grantee may
determine that installing NACS cables will increase Station Site utilization, improve return on
investment, or otherwise support the grantee's goals at their respective Site(s) as well as State
priorities.
Exhibit A Page 7 of 15
Pursuant to this agreement, costs to replace CCS/CHAdeMO cables with NACS cables are
ineligible to be claimed as reimbursable or match under the Agreement, if the costs are not
incurred during the initial installation.
4.1 Deliverables:
● Intent to Operate document including photos of the site and installed equipment
● Proof of final inspection by local jurisdiction
● On a weekly basis, during periods of construction, grantee shall upload all applicable wage
documentation to the CEO Grant Management portal related to applicable labor.
○ Grantee shall certify that labor performed meets prevailing wages for the County in
which the site is located.
Task 4.2: Project Signage
For Plaza locations that qualify, Grantee shall coordinate in good faith with the Colorado Department
of Transportation (CDOT) to produce and install directional signage along nearby highways. For the
installation of wayfinding, regulatory and signage on local roads, Grantee shall coordinate installation
with the cities and counties that have jurisdiction over the site and surrounding roadways. Grantee
shall also coordinate with site hosts to install appropriate wayfinding, regulatory and on-site signage.
Each site host shall comply with the state’s policies, procedures, and project-related rules concerning
signage, including but not limited to signage and advertising that touches or concerns the DCFC; nearby
interpretive signage; directional signage; use of logos; and advertising. All applicable signage shall meet
Federal Manual on Uniform Traffic Control Devices (MUTCD) standards and/or local jurisdiction
standards.
4.2 Deliverables:
● As applicable, pictures of installed highway signage once installed by CDOT.
● As applicable, pictures of installed signage once installed by the local jurisdictions.
● Pictures of onsite signage.
Task 5 Plaza Operations
The purpose of this task is to manage and maintain each of the DCFCs at the Plaza(s) for a minimum of
5 years from the point that construction of each Plaza is complete and open to the public.
Task 5.1 Operating Requirements
Grantee shall adhere to all operations and maintenance, payment options, and customer service
requirements as described in Grantee’s Application (Exhibit D) to the program including but not limited
to % uptime, 24/7 customer service, and corrective maintenance strategies.
Grantee must ensure that the equipment is operational at least 97% of the time measured on an annual
Exhibit A Page 8 of 15
basis in alignment with NEVI. The 97% uptime requirement applies to each port at a site and not the
site as a whole. It is the Grantee’s responsibility to ensure the 97% uptime requirement is met. Charging
port uptime must be calculated on a monthly basis for the previous twelve months.
A charging port is considered “up” when its hardware and software are both online and available for
use, or in use, and the charging port successfully dispenses electricity in accordance with requirements
for minimum power level (see §680.106(d) of the NEVI Guidance). Charging port uptime must be
calculated on a monthly basis for the previous twelve months.
Any changes that would serve to reduce and limit the proposed operation and maintenance, and
customer service plans that were originally proposed by the Grantee must be communicated to and
approved by CEO in writing. The Grantee shall email CEO requesting the change(s) and CEO will respond
with its decision within two weeks. Any changes to the cost structure to charge shall be communicated
to CEO promptly.
5.1 Deliverables:
● Once each Plaza is completed and operational, Grantee shall provide login credentials to an
online portal containing relevant reporting data and an export feature. Grantee shall further
provide quarterly reports to CEO as described in Section IV. Reporting shall include summary
information about station utilization, uptime rates, and any issues that resulted in DCFC
downtime.
● Grantee shall report individual uptime rates for each DCFC in the quarterly reports. For DCFC
that were down for a prolonged period that may affect the % uptime, Grantee shall describe
the issue and efforts made to bring the DCFC back online.
Task 5.2 Cybersecurity
Grantee shall incorporate cybersecurity protocols throughout the project to ensure ongoing security
of the assets, drivers and site infrastructure. The five overarching principles for cybersecurity in this
project includes:
● Identity, Credential and Access Management (ICAM)
● Configuration, Vulnerability and Update Management (CVUM)
● Secure Payment (SP)
● Secure Communications (SC)
● Physical Security (PS)
To be responsive to the cybersecurity risk areas, Grantee shall follow and adhere to the NIST 800-53
cybersecurity protocols during the design, development and operations of the Station(s).
Exhibit A Page 9 of 15
5.2 Deliverables
● Grantee must address charging equipment and software security and document potential risks
throughout the project duration. Assessments and presumed risks shall be detailed in quarterly
reports as needed.
● Grantee shall provide an annual self-assessment and/or third-party assessment to CEO within
60 days of completion of the annual assessment.
● Cybersecurity plans shall be revised and updated to account for newly identified risks,
requirements and standards and provided to CEO with the annual report.
● If a security incident occurs, the Grantee shall report the incident to CEO within 72 hours of
discovery.
● Cybersecurity is a continuously evolving space. CEO reserves the right to incorporate additional
requirements to ensure the ongoing security of the station(s) complies with any updated cyber
security protocols.
Task 6 Community Outreach and Marketing
The goal of this task is to implement outreach and education strategies to communicate the
development of new EV infrastructure. Grantee shall execute its outreach and marketing strategies for
each Plaza location as described in Grantee’s application to the program. Grantee shall also add the:
i. Site to Grantee’s App, if applicable, to show the new station name, location, number and type
of chargers, hours, cost to charge, operator-related parking fees (if any), wayfinding
information, and station availability.
ii. Site Addition to the Alternative Fuels Data Center (AFDC)
Grantee shall make reasonable efforts to support CEO with promotional opportunities, where
beneficial, for this project. Activities may include but are not limited to the following:
i. Press Release and Media Outreach. Develop a press release with site host and/or other key
stakeholders to promote new sites.
ii. Ribbon Cutting Events. Host a ribbon cutting to celebrate the new Plaza. Photos should be
taken of the ribbon being cut, and follow up should take place with media and social media
coverage.
Task 6 Deliverables:
● Summary of outreach and marketing efforts in all quarterly progress reports.
Exhibit A Page 10 of 15
I. Timeline
Grantee shall adhere to the following timeline. If the project schedule changes over the Initial Term of
the Agreement, Grantee shall provide an updated Gantt chart for review and approval by CEO
beforehand.
Milestone Anticipated
Completion Date
Responsible
Personnel /
Organization
Notes
Agreement
Signed
06/05/2024 CEO/ Eric Heil Eric is our Town Manager
Contract with
Engineer
07/15/2024 Luis T/ TOA
Equipment 07/22/2025 J Shoun/ TOA Ordered and deliveres
Contract w/
installer
08/15/2024 Luis T/ TOA
NOA 8/22/2024 Eva Wilson/TOA Notice of Award
Transformer TBD Holy Cross Electric Procurement and Installation
Construction
Begins
10/01/2024 Contractor
Const. Complete 11/15/2024 Contractor
Commissioning 12/02/2024 TOA/Chargepoint
Begin Service 12/05/2024 TOA-Jim
II. Key Personnel
Commented [MM1]: Please indicate your timeline in the table
below or swap this for a Gantt chart or similar.
Exhibit A Page 11 of 15
Grantee shall not invoice the State for any soft costs relating to any Personnel not listed below (“Key
Personnel”) without the State’s express written approval. Such approval is at the State’s Sole
Discretion, as the State issued this agreement in part reliance on Grantee’s representations regarding
Personnel.
Name Email Title Role
James Shoun jshoun@avon.org Mobility Manager Grant Oversight/ Paperwork
Luis Tapia ltapia@avon.org Facilities Manager Project Manager
Eva Wilson ewilson@avon.org Public Works Director Engineering/ Oversight
Nicole Moseby nmoseby@avon.org Town Engineer Engineering
III. Testing & Acceptance Criteria
i. The DCFC will be acceptable to CEO if they are installed, operational, and available for use by
the public within the Timeline identified in the above Section I and meets all requirements
described herein.
ii. Grantee’s invoices to CEO will be acceptable if invoices or receipts properly support them and
the costs are associated with allowable costs as outlined in Exhibit B, Budget.
iii. The deliverables and reports will be acceptable to CEO if they include the information requested
herein and demonstrate adherence to the minimum specifications described in the above tasks
and associated attachments.
iv. If the equipment, invoice, and deliverables are acceptable, CEO Program Manager will submit
the invoice to the accounting department for payment.
v. If the equipment, invoices, deliverables or reports are unacceptable, CEO will work with the
Grantee to correct, modify, or replace as needed. If Grantee fails to perform, and subsequently
Exhibit A Page 12 of 15
fails to remedy any failure to perform within in a reasonable period of time CEO Program
Manager will submit a report to CEO’s Director of Transportation Fuels and Technology and
Director of Accounting & Budget explaining why funding should be denied or reduced. The two
directors and CEO Program Manager will determine whether funding should be denied or
reduced, and CEO Program Manager will inform the Grantee of their decision.
IV. Reporting
Upon project completion, CEO requires read-only and downloadable access to the network dashboard
for information on the charging station(s) usage including at a minimum the time of use, duration of
use, # of customers / unique users, and kWh used. The grantee will be required to provide such access
to the data to CEO for utilization information for a minimum of five years. CEO may share this
information at an anonymized and/or aggregated County level on the EValuateCO dashboard or other
platform at the discretion of CEO or with anyone requesting such data. Should anyone request more
detailed data or information, CEO will withhold or redact confidential business information, trade
secrets, or personal information as required or allowed under the Colorado Open Records Act, C.R.S. §
24-72-201 to 206.
A. Quarterly Reporting Requirements
Grantee shall submit, on a quarterly basis, a written progress report via the Grant Management Portal
of all activities under this grant up to the point that all Plazas are open to the public. The preparation
of reports in a timely manner will be the responsibility of Grantee and failure to comply may result in
the delay of payment of funds and/or termination of the Agreement.
The report shall refer to the status of work to be performed pursuant to this Agreement and will include
a description of the deliverables and tasks completed during the reporting period. The report will
include a description of any findings or results, any unanticipated outcomes or roadblocks
encountered, and any potential future applications of project results. The report will indicate clearly
whether work is proceeding according to schedule, ahead of schedule or behind schedule. The report
shall summarize current and cumulative budget expenditures to date. The report shall have a chart
summarizing the project site status for all Plazas including major design and construction milestones,
as well as a chart updating the status of milestones and products. CEO will work with Grantee to
develop a reporting template at time of Agreement execution. Quarterly reports are due by the 10th
of each month for the previous quarter.
B. Plaza Final Report
Grantee shall produce and submit to CEO a project completion report once all Plazas have been
completed that provides a technical account of the total work performed including a comprehensive
description of the work tasks specified herein, the results achieved, successes, lessons learned,
technology implementation of the project, and a financial status summary outlining expenditures for
Exhibit A Page 13 of 15
grant funds and non-grant cost-shares. The report shall include a project summary narrative detailing
the project achievements.
C. Quarterly Reporting for Plaza Service
Following the notification of Intent to Operate in Task 4.1, Grantee shall provide login credentials to an
online portal containing relevant reporting data and an export feature, to be accessed by CEO at their
convenience. Grantee shall also provide written reports to CEO every three months for the Initial Term
of this Agreement.
Following the beginning of service, required data reports shall be submitted to CEO within 30 days after
the end of each quarter. The first quarterly report shall include information from the first 90 days of
operation for the first Plaza and the final report shall conclude with the final 90 days of operation of
the last Plaza. No individual Plaza shall be required to provide more than 5 years of data.
This information will be used to benchmark Plaza and program effectiveness, inform the public of
project results via various strategies including press releases, case studies and CEO’s website, and meet
the reporting requirements of CEO, FHWA and/or CAE. All reporting data used publicly will be
aggregated and anonymized and otherwise comply with all the confidential obligations agreed to by
the parties.
Quarterly data reporting will also be required throughout the duration of the Agreement with the State
as an opportunity to document achievements through the project’s work. Reporting criteria shall
include, but may not be limited to, the following:
a. Plaza and DCFC Usage Report: A usage report including but not limited to, number of charging
events, total amount of connected time, peak power, total energy (kWh) per charging event,
date/time stamp, unique ID for charging event, Unique ID for identifying the EVSE, other non-
dynamic EVSE information (GPS, ID, type, etc).
b. Summary of Quantifiable Metrics: This shall include monthly kWh used, fees charged at each site,
and CO2 abated and Gallons of gas saved. Grantee may also report other metrics it deems
relevant to the project such as number and type of jobs created (if applicable).
c. Project Constituent Testimonials/Quotes: As applicable, include statements about the project’s
importance from users and managers that could be used for communications (if such statements
are made available to Grantee by such users and managers). For example, a report may include
a statement from the site host, customers, etc.
d. Summary of Communications: Include a summary of any communications to and from the public
associated with the Plaza. For example, this could include press releases, advertising, or
newsletters.
Exhibit A Page 14 of 15
e. Summary of Operability (Task 4): Include a summary of operability and any down time or lapse
regarding service to the public. This shall include, but may not be limited to, duration, reasons
for the down time, and steps taken to minimize future interruptions.
f. Grantee shall provide updates to the utility rates for demand and kWh at each Plaza, as
applicable.
For the final Quarterly Report, in addition to the items above, Grantee shall summarize data trends
from all Plazas throughout the Initial Term of the Agreement.
At any time, CEO may determine that additional data or reporting information is required and reserves
the right to request such additional data or reporting information from Grantee, and Grantee shall
consider any such request in good faith.
The Grantee shall develop a data collection plan and reporting template for review and approval within
30 days of the first report being due after Plaza completion. Upon CEO approval, the Grantee shall use
this format for quarterly reporting.
D. Quarterly Reporting to the Joint Office
Grantee shall provide on a quarterly basis to the Joint Office via a direct API and direct reporting to the
EV-chART dashboard. Any quarterly data made public will be aggregated and anonymized to protect
confidential business information. Grantee is responsible for ongoing data collection and reporting
alignment with the expectations and requirements of FHWA and the Joint Office. Data reported shall
include:
i. Charging port identified – This must be in alignment with the data made available to third
parties
ii. Charging session start time, end time and any error codes associated with an unsuccessful
charging session by port;
iii. Energy (kWh) dispensed to EVs per charging session by port;
iv. Peak session power (kW) by port;
v. Payment method associated with each charging session;
vi. Charging station port uptime for each of the previous 3 months;
vii. Duration (minutes) of each outage.
E. Annual Reporting
Beginning in 2024, States and other direct recipients must ensure the following data are submitted on
an annual basis, on or before March 1, in a manner prescribed by FHWA. Any annual data made public
will be aggregated and anonymized to protect confidential business information.
Exhibit A Page 15 of 15
(1) Maintenance and repair cost per charging station for the previous year.
(2) For private entities identified in paragraph (c)(1) of this section, identification of and participation
in any State or local business opportunity certification programs including but not limited to
minority-owned businesses, Veteran-owned businesses, woman- owned businesses, and
businesses owned by economically disadvantaged individuals.
F. One-time data submittal. This paragraph (c) applies only to both the NEVI Formula Program projects
and grants awarded under 23 U.S.C. 151(f) for projects that are for EV charging stations located
along and designed to serve the users of designated AFCs. Beginning in 2024, States and other direct
recipients must ensure the following data are collected and submitted once for each charging
station, on or before March 1 of each year, in a manner prescribed by the FHWA. Any one-time
data made public will be aggregated and anonymized to protect confidential business information.
(1) The name and address of the private entity(ies) involved in the operation and maintenance of
chargers.
(2) Distributed energy resource installed capacity, in kW or kWh as appropriate, of asset by type (e.g.,
stationary battery, solar, etc.) per charging station; and
(3) Charging station real property acquisition cost, charging equipment acquisition and installation cost,
and distributed energy resource acquisition and installation cost; and
(4) Aggregate grid connection and upgrade costs paid to the electric utility as part of the project,
separated into:
(i) Total distribution and system costs, such as extensions to overhead/ underground lines, and
upgrades from single-phase to three-phase lines; and
(ii) Total service costs, such as the cost of including poles, transformers, meters, and on-service
connection equipment.
G. Community engagement outcomes report. This paragraph (d) only applies to the NEVI Formula
Program projects. States must include in the State EV Infrastructure Deployment Plan a description of
the community engagement activities conducted as part of the development and approval of their
most recently-submitted State EV Infrastructure Deployment Plan, including engagement with DACs.
Exhibit B Page 1 of 4
EXHIBIT B, BUDGET
The total project budget is $560,000. For each Plaza, CEO will pay the Grantee the percentage of
allowable project costs up to the grant maximum amount indicated in the chart below. Grantee is
responsible for any cost overruns. Grantee is entitled to payment after successfully completing each
milestone for the Plaza installation and submitting an acceptable invoice to CEO.
Location #DCFC
(CCS)
kW CEO
Maximum
Amount
Grantee
Local
Matching
Funds Share
Total Eligible
Costs
CEO %
of
allowabl
e project
costs
Avon 4 160 $560,000 $319,900 $879,900 63.6%
A. Eligible Costs
The following items are eligible for reimbursement:
i. DCFC, power conversion hardware, and associated equipment. Chargers must be purchased
and not leased.
ii. Networking and data plans
iii. Warranties for equipment and parts and labor (at least 5 years required)
iv. Service Level Agreements
v. Utility upgrades such as transformers and extensions
vi. Solar and storage equipment that are exclusively dedicated to the charging equipment (for
example, solar panels on roofs serving the entire building or installation of offsite solar farms
will not be acceptable).
vii. Other hard costs (switchgear, concrete, conduit, wire, signage, etc.)
viii. Video surveillance equipment of the site for security and remote monitoring
ix. Landscaping remediation directly resulting from the installation of the charging stations
x. Parking stall striping directly resulting from the installation of the charging stations
xi. Other equipment and non-labor project costs including design and engineering, site surveys and
permitting
xii. Future-proofing including additional conduit and wiring
xiii. Shipping of equipment
xiv. Public outreach and education as it directly relates to the proposed project
xv. Labor associated with site preparation, such as trenching, or equipment installation
Exhibit B Page 2 of 4
xvi. Labor associated with project management
B. Ineligible Costs
The following project types ARE NOT eligible for funding under this Agreement:
i. Operating and maintenance costs including, but not limited to, leases, rents, royalties, licenses,
fees,
ii. Any taxes,
iii. Revenue sharing,
iv. Utilities, and electric power supply for the charging equipment and supporting elements, such
as area lighting.
Grantee costs covered by rebates or other support, such as make-ready investments, from the utility
will not be eligible for reimbursement and will be deducted from the total project cost. The cost-share
will then be calculated up to the eligible percentage and maximum amounts.
Grantee shall provide the following invoice documentation for each of the Plaza(s) to substantiate
eligible project costs:
i. Equipment: Detailed invoice and/or inventory report from Grantee showing costs for the DC
Fast Chargers, Power Modules, Power Blocks, Full Service Warranty, and Charging Station
Shipping.
ii. Signage: Detailed invoice for signage at each station.
iii. Installation, Design, Engineering, Permitting: Detailed invoice showing all design, engineering,
and permitting fees for each individual site.
iv. Installation Labor: Recipient shall provide a detailed invoice showing the project labor for each
project site.
v. Installation Hard Costs: Detailed invoice showing costs incurred for concrete, conduit, and
other miscellaneous costs (bolts, screws, etc).
vi. Utility Interconnection Equipment: Where applicable, a detailed invoice showing project hard
costs pertaining to utility upgrades and interconnection equipment.
vii. Grantee Project Management (Direct Labor & Fringe Benefits): Grantee shall report Direct
Labor and Fringe on an Excel Template approved by CEO.
Grantee shall ensure compliance with Buy America Provisions as evidenced by means of a signed letter
from all relevant vendors and equipment suppliers for all applicable equipment and materials.
C. Payment
Exhibit B Page 3 of 4
Each Plaza is eligible for 95% reimbursement of the grant upon completion of construction and the
Plaza’s opening to the public. CEO will retain 5% of the total grant award, distributing 1% annually each
calendar year from completion of the Plaza throughout the Initial Term of the Agreement based on
Grantee’s timely completion of reporting, uptime requirements being met, and continuous operation.
For any period where Plazas are not performing or data reporting is not being met, Grantee shall forfeit
the 1% retainage for that year.
Grantee, if interested, may submit for milestone payments during the implementation and
construction of the project. Each Plaza is eligible for payment upon completion of construction
milestones up to 95% reimbursement upon completion of construction and the Plaza’s opening to the
public. Grantee may request reimbursement at the following milestones, but are not obligated to do
so. The payment milestones are outlined below.
Payment Milestones
Milestone Percentage
Delivery and Demonstrated Payment for
Charging Stations
20%
Design, Engineering, Permitting and Utility
Interconnection Approval
20%
Final Commissioning and Activation 55%
Retainage for Ongoing Operations and Reporting 5%
For milestone payments, CEO will retain 20% at each milestone up to the cap allowable from each
invoice applicable to the project. The State shall pay the milestone retainage upon the completion and
acceptance by the State of all deliverables to ensure successful completion of each project.
CEO will retain 5% of the total grant award, distributing 1% annually each year from completion of the
awarded Plaza(s) based on Grantee’s timely completion of reporting, required uptime, and continuous
operation. If, at the time the Grant is closed-out or terminated, it is determined that the Work is
unfinished, incomplete, or unsatisfactory, or if Grantee fails to complete its obligations under this
Statement of Work, in the State’s sole discretion, the State shall have the right to recover from Grantee
up to 100% of the Grant Funds that have been expended.
Exhibit B Page 4 of 4
D. Billing Procedures
Payments must be made in accordance with the provisions set forth in the Agreement. The State will
reimburse Grantee for the reasonable, allocable, and allowable costs based on satisfactory submission
of monthly progress reports and required documentation of the work defined in the Agreement, as
determined by CEO. The Grantee will be compensated only for completed work by the Grantee and
accepted by CEO pursuant to the terms of the Agreement. Payment will also be contingent upon CEO’s
timely receipt and acceptance of the required reports and deliverables described herein.
Exhibit E Page 1 of 8
EXHIBIT C, FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part,
with an Award of Federal funds. In the event of a conflict between the provisions of these
Federal Provisions, the Special Provisions, the body of the Grant, or any attachments or
exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2 These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or State
of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the
terms and conditions of that financial assistance, that a non-Federal Entity receives or
administers.
2.1.2. “Entity” means:
2.1.2.1. a Non-Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a
non-Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. “Executive” means an officer, managing partner or any other employee in a management
position.
2.1.4. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.5. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.6. “Grantee” means the party or parties identified as such in the Grant to which these Federal
Provisions are attached. Grantee also means Subrecipient.
2.1.7. “Non-Federal Entity” means a State, local government, Indian tribe, institution of higher
education, or nonprofit organization that carries out a Federal Award as a Recipient or a
Subrecipient.
Exhibit E Page 2 of 8
2.1.8. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other
organization, not including IHEs, that:
2.1.8.1. Is operated primarily for scientific, educational, service, charitable, or similar
purposes in the public interest;
2.1.8.2. Is not organized primarily for profit; and
2.1.8.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.9. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.10. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.11. “Recipient” means the Colorado State agency or institution of higher education identified
as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.12. “Subaward” means an award by a Recipient to a Subrecipient or a Contractor funded in
whole or in part by a Federal Award. The terms and conditions of the Federal Award flow
down to the Subaward unless the terms and conditions of the Federal Award specifically
indicate otherwise in accordance with 2 CFR 200.101. The term does not include payments
to a contractor or payments to an individual that is a beneficiary of a Federal program.
2.1.13. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under an
Award or Subaward to a non-Federal Entity) receiving Federal funds through a Recipient
to support the performance of the Federal project or program for which the Federal funds
were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award
to the Recipient, including program compliance requirements. The term does not include
an individual who is a beneficiary of a federal program. Subrecipient also means Grantee.
2.1.14. “System for Award Management (SAM)” means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may be
found at http://www.sam.gov.
2.1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive
during the Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48
CFR 4.1403(a)) and includes the following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to
the fiscal year in accordance with the Statement of Financial Accounting
Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments;
2.1.15.3. Earnings for services under non-equity incentive plans, not including group life,
health, hospitalization or medical reimbursement plans that do not discriminate
in favor of Executives and are available generally to all salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
Exhibit E Page 3 of 8
2.1.15.5. Above-market earnings on deferred compensation which is not tax-
qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.,
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the Executive exceeds $10,000.
2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. “Unique Entity ID” means the Unique Entity ID established by the federal government for
a Grantee or Subrecipient at https://sam.gov/content/home.
2.1.18. “Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
3. COMPLIANCE.
3.1. Subrecipient shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and all
applicable Federal Laws and regulations required by this Federal Award. Any revisions to such
provisions or regulations shall automatically become a part of these Federal Provisions,
without the necessity of either party executing any further instrument. The State of Colorado,
at its discretion, may provide written notification to Subrecipient of such revisions, but such
notice shall not be a condition precedent to the effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID
REQUIREMENTS.
4.1. SAM. Subrecipient shall maintain the currency of its information in SAM until the
Subrecipient submits the final financial report required under the Award or receives final
payment, whichever is later. Subrecipient shall review and update SAM information at least
annually after the initial registration, and more frequently if required by changes in its
information.
4.2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient, and shall
update Subrecipient’s information at http://www.sam.gov at least annually after the initial
registration, and more frequently if required by changes in Subrecipient’s information.
5. TOTAL COMPENSATION.
5.1. Subrecipient shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Subrecipient received:
Exhibit E Page 4 of 8
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to
the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement contracts
and subcontracts and/or Federal financial assistance Awards or Subawards subject
to the Transparency Act; and
5.1.2.3. The public does not have access to information about the compensation of such
Executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the
Internal Revenue Code of 1986.
6. REPORTING.
6.1. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM and to the
Recipient as required in this Exhibit. No direct payment shall be made to Subrecipient for
providing any reports required under these Federal Provisions and the cost of producing such
reports shall be included in the Grant price. The reporting requirements in this Exhibit are
based on guidance from the OMB, and as such are subject to change at any time by OMB. Any
such changes shall be automatically incorporated into this Grant and shall become part of
Subrecipient’s obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial
award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award
modifications result in a total Award of $30,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or
more, but funding is subsequently de-obligated such that the total award amount falls below
$30,000, the Award shall continue to be subject to the reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Recipient as
of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal
years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Subrecipient shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in
SAM for each Federal Award Identification Number (FAIN) assigned by a Federal agency
to a Recipient no later than the end of the month following the month in which the
Subaward was made:
8.1.1.1. Subrecipient Unique Entity ID;
8.1.1.2. Subrecipient Unique Entity ID if more than one electronic funds transfer (EFT)
account;
8.1.1.3. Subrecipient parent’s organization Unique Entity ID;
Exhibit E Page 5 of 8
8.1.1.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip +
4, and Congressional District;
8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4
above are met; and
8.1.1.6. Subrecipient’s Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
8.1.2. To Recipient. A Subrecipient shall report to its Recipient, upon the effective date of the
Grant, the following data elements:
8.1.2.1. Subrecipient’s Unique Entity ID as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City,
State, Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards identified
in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327
thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non-Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included
in all subawards including all contracts and purchase orders for work or products under this
award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a
political subdivision of the State, its contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
9.4. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are
subject to the regulations implementing “Never contract with the enemy” in 2 CFR part 183.
The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative agreements
that are expected to exceed $50,000 within the period of performance, are performed outside
the United States and its territories, and are in support of a contingency operation in which
members of the Armed Forces are actively engaged in hostilities.
Exhibit E Page 6 of 8
9.5. Prohibition on certain telecommunications and video surveillance services or equipment (2
CFR 200.216). Subrecipient is prohibited from obligating or expending loan or grant funds on
certain telecommunications and video surveillance services or equipment pursuant to 2 CFR
200.216.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Recipient and its auditors to have access to Subrecipient’s records
and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.332
(Requirements for pass-through entities), 2 CFR 200.300 (Statutory and national policy
requirements) through 2 CFR 200.309 (Period of performance), and Subpart F-Audit
Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s fiscal
year, the Subrecipient shall procure or arrange for a single or program-specific audit conducted
for that year in accordance with the provisions of Subpart F-Audit Requirements of the
Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C.
7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform
Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-specific
audit conducted in accordance with 2 CFR 200.507 (Program-specific audits). The
Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal
Awards under only one Federal program (excluding research and development) and the
Federal program’s statutes, regulations, or the terms and conditions of the Federal award
do not require a financial statement audit of Recipient. A program-specific audit may not
be elected for research and development unless all of the Federal Awards expended were
received from Recipient and Recipient approves in advance a program-specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its
fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year,
except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall
be available for review or audit by appropriate officials of the Federal agency, the State,
and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is
properly performed and submitted when due in accordance with the Uniform Guidance.
Subrecipient shall prepare appropriate financial statements, including the schedule of
expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements)
and provide the auditor with access to personnel, accounts, books, records, supporting
documentation, and other information as needed for the auditor to perform the audit
required by Uniform Guidance Subpart F-Audit Requirements.
12. REQUIRED PROVISIONS FOR SUBRECEPIENT WITH SUBCONTRACTORS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Recipient,
Subrecipients shall include all of the following applicable provisions;
Exhibit E Page 7 of 8
12.1.1. For agreements with Subrecipients – Include the terms in the Grant Federal
Provisions Exhibit (this exhibit)
12.1.2. For contracts with Subcontractors – Include the terms in the Contract Federal
Provisions Exhibit.
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to
submit certifications and representations required by Federal statutes or regulations on an
annual basis. 2 CFR 200.208. Submission may be required more frequently if Subrecipient
fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the
State at the end of the Award that the project or activity was completed or the level of effort
was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried
out, the amount of the Award must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in
his or her name.
14.2. A Subrecipient with gross income from all sources of less than $300,000 in the previous tax
year is exempt from the requirements to report Subawards and the Total Compensation of its
most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the
Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30-day notice
period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part
as follows:
15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to
comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized
by law, if an award no longer effectuates the program goals or agency priorities;
15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-
Federal Entity, in which case the two parties must agree upon the termination conditions,
including the effective date and, in the case of partial termination, the portion to be
terminated;
Exhibit E Page 8 of 8
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-through
Entity written notification setting forth the reasons for such termination, the effective date,
and, in the case of partial termination, the portion to be terminated. However, if the Federal
Awarding Agency or Pass-through Entity determines in the case of partial termination that
the reduced or modified portion of the Federal Award or Subaward will not accomplish the
purposes for which the Federal Award was made, the Federal Awarding Agency or Pass-
through Entity may terminate the Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination
provisions included in the Federal Award.
970-748-4021 pmckenny@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Patty McKenny, Deputy Town Manager
Arnell Wade, Fellow, Town of Avon
RE: Resolution 24-21 Ratifying Approval of
National Opioid Settlement with Kroger
DATE: August 7, 2024
SUMMARY: This report presents Resolution 24-21 Ratifying the Approval of the National Opioid Settlement
with Kroger (Attachment A) and provides information about the steps taken nationally and in the State of
Colorado for receiving funds from litigation settlements as an outcome of the opioid crisis. The Town
received a notice about the recent Kroger settlement to sign the participation form by August 12. Town
Council is asked to ratify the Resolution which approves the action taken by the Town Manager to execute
the Subdivision Participation and Release Form (Attachment B). This allows the local political subdivision
to receive the funds as part of the Memo of Understanding established between the Attorney General and
local governments, (county and local).
BACKGROUND: On August 26, 2021 a Memorandum of Understanding (“MOU”) was executed by
Attorney General Philip J. Weiser along with many Colorado counties and municipalities in an effort to set
forth a joint framework for distributing statewide over $400 million that Colorado stands to receive from
litigation settlements to address the opioid crisis. The MOU establishes a consistent method for governing
how any settlement funds from the ongoing opioid litigation are to be distributed and managed among the
state, local and municipal governments to most effectively respond to the ongoing opioid crisis, including
several previously approved settlements, and the currently proposed Kroger settlement. The Colorado
regionals are shown below on the map and Avon is part of Region 5, Eagle County. Information about the
national opioid crisis and steps taken in the State of Colorado to participate in settlements can be found in
the Supplemental Research Guide (Attachment C). Please note the guide was prepared by Fellow Arnell
Wade and provides a number of resource sites that outline past and current actions surrounding this topic.
Page 2 of 2
NEXT STEPS: A resolution has been prepared for Council’s ratification of the Kroger settlement which was
authorized by the Town Manager.
FINANCIAL CONSIDERATIONS: It is noted the Town’s participation in the MOU allows for future opioid
settlement funding that would be awarded to Eagle County. Resource 4 of the Guide outlines the funding
structure and what action has been taken for Region 5.
TOWN MANAGER RECOMMENDATION OR COMMENTS:
PROPOSED MOTION: I move to approve Resolution 24-21 Ratifying approval of National Opioid
Settlement with Kroger.”
Thank you, Patty and Arnell
ATTACHMENT A: Resolution 24-21 Ratifying Approval of National Opioid Settlement with Kroger
ATTACHENT B: Notice of New National Opioids Settlement and Executed Subdivision Participation
and Release Form
ATTACHMENT C: Supplemental Research Guide on Opioid Settlements and Eagle County Actions
ATTACHMENT A
Resolution 24-21 Ratifying Approval of National Opioid Settlement with Kroger
August 13, 2024
Page 1 of 2
RESOLUTION 24-21
RATIFYING APPROVAL OF NATIONAL
OPIOID SETTLEMENT WITH KROGER
WHEREAS, the Town of Avon (“Town”) is a home rule municipality of the State of Colorado
and is empowered to adopt policies, take action and approve agreements by Resolution; and
WHEREAS, the Town is participating, along with a great many other cities and counties in
Colorado, in a joint litigation against manufaturers and disributors of opioid medications seeking to
recover resources to help the Town deal with fallout from the ongoing nationwide opioid crisis,
which has been highly destructive to the lives and livelihoods of the residents of Avon and has
taxed Town services, particularly burdening the Town’s already stressed emergency response and
recreation services; and
WHEREAS, the Town Council (“Council”) has previously approved a Memorandum of
Understanding (“MOU”) with the Colorado Attorney General’s Office and many of the most
important municipal and county stakeholders in the State of Colorado; and
WHEREAS, this MOU set forth a consistent method for governing how any settlement funds
from the ongoing opioid litigation are to be distributed and managed among the state, local and
municipal governments to most effectively respond to the ongoing opioid crisis, including several
previously approved settlements, and the currently proposed Kroger settlement; and
WHEREAS, approving the Kroger settlement in its current form will provide the Town with
additional and substantial funds which can be used in accordance with the MOU to respond to the
opioid crisis and provide desparately needed services to the residents of the Town of Avon and its
neighboring region; and
WHEREAS, the forms approving the Kroger settlement were due on August 12, 2024, the day
before this regular Council meeting; and,
WHEREAS, due to the Council’s previous support and approval of the MOU with the Colorado
Attorney General’s Office, as well as several other previously approved similar settlements, the
Town Manager has signed the attached forms; and
WHEREAS, the Council finds it appropriate and beneficial to ratify such approval of the Kroger
settlement in its attached form.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town
Council hereby as follows:
1. The Kroger Settlement Participation Forms attached hereto are hereby formally approved and
the execution of same is authorized.
ATTACHMENT A
Resolution 24-21 Ratifying Approval of National Opioid Settlement with Kroger
August 13, 2024
Page 2 of 2
2. The recently signed Kroger Settlement Participation Forms and the approval of the National
Opioid Settlement with Kroger are hereby ratified.
ADOPTED on August 13, 2024 by the AVON TOWN COUNCIL.
By: Attest:___________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ATTACHMENT B
\ Supplemental Research Guide on Opioid
Settlements and Eagle County Actions
Prepared by Arnell Wade, Fellow, Town of Avon
EXECUTIVE SUMMARY: This report is a collection of research done by the General Government division
of The Town of Avon to supplement Council Agenda item 5.5 Opioid Settlement Kroger. These sources
focus on general information exported by the state of Colorado, Eagle County, Colorado, various councils,
relevant non-profits and organizations and show what transpired between the years of 2021 and 2024.
All sources will consist of the following for easy reading and references:
1. A direct link to the source of information right below the title of the source
2. 1 to 2 paragraph summaries of the content/information of the source
3. Any relevant illustrations (graphs, charts, tables, Appendixes etc.)
a. To see these clearly, its recommended to zoom in between 180% & 220% Resource 1: Colorado Opioids Settlement Memorandum of
Understanding (MOU)
Colorado-MOU-Signed-AG-Weiser-082621.pdf (nationalopioidsettlement.com)
https://assets.bouldercounty.gov/wp-content/uploads/2022/10/2022-bcroc-colorado-opioids-settement-mou-
presentation.pdf#:~:text=The%20Colorado%20MOU%20establishes%20the%20framework%20for%20distri
buting,Phil%20Weiser%20signed%20the%20Colorado%20Opioids%20Settlement%20MOU.
SUMMARY: The links above for two documents help to show the context for the Colorado steps taken and
the Colorado outcomes addressing the national opioid crisis: 1) Memo of Understanding executed by the
Colorado Attorney General and 2) a source created by Boulder County government in which a PowerPoint
presentation goes over the plans/framework and process for having entities throughout the state receive
opioid settlement money form key distributor and suppliers in their settlements with Attorney General Wiser
of Colorado. While Kroger isn’t listed in this PowerPoint due to this being made before their settlement, the
process will be the exact same. For a more detailed framework, look at this complementary source created
by Attorney General Wiser’s office. 2-Colorado-Opioid-MOU-Summary.pdf (coag.gov)
Page 1
Resource 2: General Fact Sheet
Attorney General Phil Weiser is fighting the opioid crisis on many fronts - Colorado Attorney
General | Colorado Attorney General (coag.gov)
SUMMARY: Below are three screenshots showing general information about the structure and funding.
Table I is a point of contact sheet with all the names of representatives for each Region and includes
contact information to use for questions regarding information about regional opioid councils, settlements
process/procedures and other relevant questions.
Table I
Table II shows the total figures of compensation via settlements that have been agreed to by both the
plaintiffs and defendants of their respective cases ** Each case was fought and agreed to by States
Attorney Generals. These numbers strictly reflect the projected outcomes for the state of Colorado over the
next 15 years since more of these cases allowed for repayment to span out over time instead of an upfront
transaction.
Page 2
TABLE II
Table III is a framework the state of Colorado will follow when it comes to the allocation settlement
compensation for fight against the opioid epidemic/crisis here in Colorado.
Table III
Page 3
Resource 3: Opioid Infrastructure Grant Funding
Colorado Opioid Abatement Council approves $2.5 million in new opioid infrastructure grant funding -
Colorado Attorney General | Colorado Attorney General (coag.gov)
SUMMARY: There is an approval of awards by the Colorado Opioid Abatement Council (COAC) in which
multiple counties, agencies, and municipalities received fiscal grants to better support the opioid addiction
recovery, treatment, and prevention efforts. There is one Eagle County award below
• Region 5 Opioid Abatement Council and Eagle County: $150,000 – These dollars will be used
to fund the administrative functions of the regional opioid abatement council, services which are
currently being provided in a volunteer capacity from several regional organizations in Summit and
Eagle counties. Dedicated staff will allow for better planning, management, and communication
across the Region 5 counties to better respond to the opioid crisis. Resource 4: Region 5 Current Strategic Plan
Region 5_2-Year Plan_FINAL.docx - Google Docs
SUMMARY: The Region 5 Opioid Abatement Council consists of Eagle, Garfield, Lake, Pitkin, and Summit
counties. They prioritize, distribute, and manage opioid settlement funds from the Colorado Attorney
General’s office. The Council distributes funds to support programs that aim to reduce substance-related
deaths, increase community awareness and utilization of substance use resources, and understand needs
and gaps in the regional prevention systems.
Region 5 currently has 3 active contracts based on the current Strategic Plan. All contractors will serve or
operate in each of the 5 regional counties.
1. High Rockies Harm Reduction - View Website
Approved Purpose: Harm Reduction
Contract Amount: $100,000 over two years
Scope: The contractor will provide harm reduction services in each of the five counties.
2. Effct LLC - View Website
Approved Purpose: Prevention & Education
Contract Amount: $300,000 over two years
Scope: Development of an anti-stigma and education campaign based on regional community
engagement. The campaign will gather local data on behaviors and attitudes regarding substance
use in Region 5 and create a website to host geographically and culturally relevant resources and
stories.
3. The OMNI Institute - View Website
Approved Purpose: Prevention & Education
Contract Amount: $100,000 over two years
Scope: Collect publicly and privately available data and develop a dashboard to provide data-
driven insights on the Abatement Council website.
Page 4
Resource 5: Region 5 Opioid Abatement Council Meeting
4.10.24 R5 Opioid Abatement Council Meeting Agenda & Notes - Google Docs
SUMMARY: This source is the last agenda meeting and minutes of Eagle County’s Opioid Abatement
Council. *** There next meeting is set for October 9th, 2024 @ 9am*** it seems that have a meeting
semesterly (2 times a year) Below are some key pieces of information I took away as super important to
be aware of going forward
• Here is a link to Colorado’s regional dashboard Regional Funds | Settlement Distributions
(coag.gov) all things fiscal
• $1,263,422.41 unallocated funds currently
• Current strategic plan expires December 31st of 2024- must have strategic plan to update. March
2025 is the deadline
Resource 6: National Opioid Settlement
National Opioids Settlement (nationalopioidsettlement.com)
SUMMARY: This is just a website to show the information regarding all settlements in the USA for plaintiffs
involved in opioids.
Resource 7: Region 5 RFP Dashboard
Data Dashboard REGION 5 OPIOID ABATEMENT RFP_ ECPHE RFP (1).pdf - Google Drive
SUMMARY: This source is a PDF of the requirements for request for proposals to be submitted to our
fiscal agents, Eagle County Government. Pages 5-15 is the proposal form
New National Opioids Settlement: KrogerOpioids Implementation Administratoropioidsparticipation@rubris.com
Avon town, COReference Number: CL-790103
TO COLORADO LOCAL POLITICAL SUBDIVISIONS:
THIS PACKAGE CONTAINS DOCUMENTATION FOR COLORADO LOCALPOLITICAL SUBDIVISIONS TO PARTICIPATE IN THENEW NATIONAL OPIOIDSSETTLEMENT WITH KROGER. YOU MUST TAKE ACTION IN ORDER TOPARTICIPATE.
Deadline: August 12, 2024
A new proposed national opioids settlement (“New National Opioids Settlement”)has been reached with The Kroger Co. (“Settling Defendant”). This ParticipationPackage is a follow-up communication to the Notice of National Opioids Settlementrecently received electronically by your subdivision.
You are receiving this Participation Package because Colorado is participating in theKroger settlement.
Thanks to the collaboration of Colorado’s counties and municipalities, Colorado maximized its settlement proceeds from previous opioid settlements, and we are now asking that you review and sign-on to this settlement so that Colorado can maximize its share of these funds.
All opioid settlement funds that are received as a result of the settlement will follow the same Colorado Opioid Settlement Memorandum of Understanding that was signed in 2021. Completing the particip ation forms does not change your decision to “opt-out” to direct funds to the Region, or to “opt-in” to receive your direct allocation.
To review your Colorado local government decisions to receive or redirect funds, please see the Colorado Opioid Settlement Dashboard Local Government page at : coag.gov/opioids/dashboard/local.
This electronic envelope contains:
The Participation Form for the Kroger settlement, including a release of anyclaims.
The Participation Form must be executed, without alteration, andsubmitted on or before August 12, 2024, in order for your subdivision tobe considered for initial participation calculations and payment eligibility.
Based upon subdivision participation forms received on or before August 12, 2024,the subdivision participation rate will be used to determine whether participation is
Docusign Envelope ID: 3C1B5E1F-B7EB-4751-B36C-AFABA3A1D180
sufficient for the settlement to move forward and whether a state earns itsmaximum potential payment under the settlement. If the settlement movesforward, your release will become effective. If a settlement does not move forward,that release will not become effective.
Any subdivision that does not participate cannot directly share in the settlementfunds, even if the subdivision’s state is settling and other participating subdivisionsare sharing in settlement funds. Any subdivision that does not participate may alsoreduce the amount of money for programs to remediate the opioid crisis in its state.Please note, a subdivision will not necessarily directly receive settlement funds byparticipating; decisions on how settlement funds will be allocated within a state aresubject to intrastate agreements or state statutes.
You are encouraged to discuss the terms and benefits of the New National OpioidsSettlement with your counsel, your Attorney General’s Office, and other contactswithin your state. Many states are implementing and allocating funds for this newsettlement the same as they did for the prior opioids settlements with McKesson,Cardinal, Cencora (formerly AmerisourceBergen), J&J/Janssen, Teva, Allergan, CVS,Walgreens, and Walmart but states may choose to treat this settlement differently.
Information and documents regarding the New National Opioids Settlement andhow it is being implemented in your state and how funds will be allocated withinyour state can be found on the national settlement website athttps://nationalopioidsettlement.com/. This website will be supplemented asadditional documents are created.
How to return signed forms:
There are three methods for returning the executed Participation Form and anysupporting documentation to the Implementation Administrator:
(1)Electronic Signature via DocuSign : Executing the Participation Formelectronically through DocuSign will return the signed form to theImplementation Administrator and associate your form with yoursubdivision’s records. Electronic signature is the most efficient method forreturning the Participation Form, allowing for more timely participation andthe potential to meet higher settlement payment thresholds, and is thereforestrongly encouraged.
(2)Manual Signature returned via DocuSign : DocuSign allows forms to bedownloaded, signed manually, then uploaded to DocuSign and returnedautomatically to the Implementation Administrator. Please be sure tocomplete all fields. As with electronic signature, returning a manually signedParticipation Form via DocuSign will associate your signed forms with yoursubdivision’s records.
(3)Manual Signature returned via electronic mail : If your subdivision is unable toreturn an executed Participation Form using DocuSign, the signedParticipation Form may be returned via electronic mail toopioidsparticipation@rubris.com. Please include the name, state, and
Docusign Envelope ID: 3C1B5E1F-B7EB-4751-B36C-AFABA3A1D180
reference ID of your subdivision in the body of the email and use the subjectline Settlement Participation Form – [Subdivision Name, Subdivision State] –[Reference ID].
Detailed instructions on how to sign and return the Participation Form, includingchanging the authorized signer, can be found athttps://nationalopioidsettlement.com . You may also contactopioidsparticipation@rubris.com.
The sign-on period for subdivisions ends on August 12, 2024.
If you have any questions about executing the Participation Form, please contact your counsel, the Implementation Administrator at opioidsparticipation@rubris.com,or the Colorado Attorney General’s Opioid Response Unit at Opioids@coag.gov or 720-508-6904.
Thank you, New National Opioids Settlement Implementation Administrator
The Implementation Administrator is retained to provide the settlement noticerequired by the New National Opioids Settlement and to manage the collection ofthe Participation Form.
Docusign Envelope ID: 3C1B5E1F-B7EB-4751-B36C-AFABA3A1D180
Subdivision Participation and Release Form
Governmental Entity: Avon town State: CO
Authorized Signatory: /officialname_kroger/
Address 1: /address1_kroger/
Address 2: /address2_kroger/
City, State, Zip: /cit_kr/ /state_kr/ /zi_kr/
Phone: /phone_kroger/
Email: /email_kroger/
The governmental entity identified above (“Governmental Entity”), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated March 22, 2024 (“Kroger Settlement”), and acting through the undersigned
authorized official, hereby elects to participate in the Kroger Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Kroger Settlement,
understands that all terms in this Participation and Release Form have the meanings
defined therein, and agrees that by executing this Participation and Release Form, the
Governmental Entity elects to participate in the Kroger Settlement and become a
Participating Subdivision as provided therein.
2.The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice
any Released Claims that it has filed. With respect to any Released Claims pending in In
re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form
found at https://nationalopioidsettlement.com/.
3.The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to
Participating Subdivisions as defined therein.
4.By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the Kroger
Settlement solely for the purposes provided therein.
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role
as provided in, and for resolving disputes to the extent provided in, the Kroger
Settlement. The Governmental Entity likewise agrees to arbitrate before the National
1
Docusign Envelope ID: 3C1B5E1F-B7EB-4751-B36C-AFABA3A1D180
Colorado
Eric Heil
100 Mikaela Way
eheil@avon.org
970748-4004
81620Avon
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Kroger Settlement.
7.The Governmental Entity has the right to enforce the Kroger Settlement as provided
therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Kroger Settlement, including without limitation all provisions of
Section XI (Release), and along with all departments, agencies, divisions, boards,
commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally,
and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be
brought, filed, or claimed, or to otherwise seek to establish liability for any Released
Claims against any Released Entity in any forum whatsoever. The releases provided for
in the Kroger Settlement are intended by the Parties to be broad and shall be interpreted
so as to give the Released Entities the broadest possible bar against any liability relating
in any way to Released Claims and extend to the full extent of the power of the
Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to
any Released Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Kroger Settlement.
10.In connection with the releases provided for in the Kroger Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release that, if known by him or her
would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if known, would materially affect the Governmental Entities’ decision to
participate in the Kroger Settlement.
2
Docusign Envelope ID: 3C1B5E1F-B7EB-4751-B36C-AFABA3A1D180
11.Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Kroger Settlement in any respect, the Kroger
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release
Form on behalf of the Governmental Entity.
Signature:/signer_1_kroger/
Name:/name_1_kroger/
Title:/title_1_kroger/
Date:/date_1_kroger/
3
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7/30/2024
Town Manager
Eric Heil
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SpeakUpReachOut.org
Suicide Prevention Coalition of the Eagle ValleyLet’s Talk About Suicide
About SpeakUp ReachOut
Discussing suicide has the power to heal. We’ve experienced it first hand.
SpeakUp ReachOut reduces instances of suicide in Eagle County and helps those
affected by it address their pain. Through educational programs, events, peer groups,
and partnerships, we bring community members together to learn and share their
unique experiences.
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Suicide by
the
Numbers
SpeakUpReachOut.org
Eagle County Statistics
Year # of
Suicides
Average
Age
Male/Female Resident
2023 13 46 12 male; 1
female
11 yes; 2
no
2022 15 48 12 male;
3 female
14 yes;
1 no
2021 9 32 7 male;
2 female
8 yes;
1 no
2020 12 42 11 male;
1 female
12 yes;
0 no
2019 12 48 7 male;
4 female
10 yes;
1 no
Time of Year
Occupation
Relationship Status
Toxicology
Lethal Means
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Help prevent suicide and keep your loves ones and
yourself safe by putting time and distance
between a suicidal person and a firearm.
Out of home storage:
●Gun shops, ranges, law enforcement
●ColoradoFirearmsSafetyCoalition.org
●Lock2Live.org
●Loan the firearm to a relative
●Loan to a non-relative for up to 72 hours
Other storage options:
●Storage device and safes
●Change combinations and secure keys
●Store firearms and ammo separately
Firearms
and
Suicide
Gun Owners Can Help Prevent Suicide
SpeakUpReachOut.org
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SpeakUpReachOut.orgSpeakUpReachOut.org
Provide
Education &
Awareness
Improve
ConnectednessPostvention
Improve
Access &
Delivery
of Suicide
CareLethal
Means
Safety
Increase
Economic
Stability
Theory of
Change:
Our
Prevention
Framework
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Based on feedback from five listening sessions in 2023 to
2024 with community leaders and nonprofits serving the
Hispanic and Latino population:
●Implement more peer support programs led
in Spanish
●Partner with other organizations to strengthen
our community outreach and connection
●Two Signature Events:
○Spanish Comedy Show that addressed
mental health and suicide prevention
○Día de los Muertos (Day of the Dead)
meant to remember our loved ones
regardless of how they pass away
Hispanic
and Latino
Outreach
SpeakUpReachOut.org
How we can help
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●Signature Event Series
○Annual Memorial Ceremony
○Speaker Series
●Suicide Prevention Training
○FREE to community members,
organizations, and businesses
●Professional Development for Providers
●Community Response & Loss Support
●Gun Shop Project
●Peer Support
Over 3,000 adults reached in 2023!
Programs
and Events
SpeakUpReachOut.org
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●Level 1
○Talk Saves Lives
○LivingWorks Start
○VitalCog: Workplace Suicide Prevention
○Question, Persuade, Refer (QPR) Training
●Level 2
○Mental Health First Aid
○Youth Mental Health First Aid
○Soul Shop
●Level 3
○Applied Suicide Intervention
Skills Training (ASIST)
Learn More
About
Suicide
Prevention
SpeakUpReachOut.org
Training with SpeakUp ReachOut
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●Community QPR -Quarterly, August 29
○Question, Persuade, Refer suicide
prevention training
●Storytelling Retreat-August 7
○Storytelling can save lives. Learn how to
tell the story of your lived experience.
●Annual Memorial Ceremony -September 8
○Remember, Reflect, Revitalize HOPE!
●Wear Yellow Day -September 13
○Support suicide prevention and spread
awareness in Eagle County.
●Día de los Muertos -November 2
○Celebrate loved ones lost at this
collaborative event.
Upcoming
Events
SpeakUpReachOut.org
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School
Programs
SpeakUpReachOut.org
●We provide Eagle County students in grades
5th-12th with developmentally appropriate
suicide prevention programming.
○133 classroom sessions in 2023-24
○2,589 students reached in 2023-24
●Confidential Survey after class allows mental
health clinician or counselors to check in with
students when there is:
○No trusted adult -73 students in 2023-24
○A specific request for a check in if they
are worried about themselves or a friend
-263 students in 2023-34
●Bullet style shown here
●Bullet style shown here
●Bullet style shown here
●Bullet style shown here
●Seven regular peer
groups (two summer-
only)
●One-on-one peer
support opportunities
Where to Find Us
@speakupreachouteaglecounty
@speakupreachoutec
@speakupreachoutwww.speakupreachout.org
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Get
Help
SpeakUpReachOut.org
www.vailhealthbh.org
970-306-4673
We have
arrived!
Colorado’s Next Great RTA
AUGUST 13, 2024
Scott Robinson, Core Transit Deputy Director
Scott.Robinson@coretransit.org
Who are we?
1.Core Transit is the new name for the
Eagle Valley Transportation Authority, a
seven-jurisdiction RTA formed in
November of 2022 to replace the former
Eagle-County run ECO Transit.
2.Core Transit’s members are Eagle
County, Colorado; the Towns of Avon,
Eagle, Minturn, Red Cliff and Vail; and
the Beaver Creek Metro District. Gypsum
and Leadville are non-members that
remain part of our service area.
3.Funding comes from a new 0.5% RTA
sales tax and county-wide ECO funding.
Mission
We will provide everyone with user-friendly
transportation solutions that are safe,
rewarding and reliable
Vision
We will become the #1 choice for getting
around our region because our services are
so outrageously beneficial.
What’s been going on?
2023:
●Seated a Board of Directors and established financial and
transparency policies
●Developed an Interim Strategic Plan
●Began collecting the 0.5% tax and created budget for
EVTA operations
2024:
●Implemented financial and IT systems to support
operations
●Developed compensation philosophy pay structure, and
benefits
●Hired core staff (from 1 to 100 in just over 6 months)
●Launched immediate service improvements, including a
fare-free zone
Interim strategic plan
Employee benefits
●Innovative and forward-thinking compensation philosophy
●Transportation-centered pay polices that are transparent and
support operator retention.
●Bi-lingual incentive pay policy that recognizes value this skill
adds for our customers.
●Generous retirement program with a 10% match for all
employees on day one of employment with no vesting
schedule.
●Comprehensive Health insurance with a $0 employee-only
contribution option
●Four weeks paid time off accrual for all employees
OUR CULTURE
Transit-centric and
people first
We embrace:
-Growth mindset
-Positive attitudes
-System Focus
Service improvements
WINTER 2023-2024
●Launched fare free Vail/BC Express pilot
●Increased frequency of service on other routes (including
Minturn)
●Reduced remaining system fares by 25%.
SUMMER 2024
●Expansion of fare-free service to additional routes and
communities (including Minturn)
IMPACTS
20% growth in
ridership year-over-
year
In depth: fare-free
pilot
●Contract service on the Vail-Beaver
Creek Express, formerly an
underperforming “Premium” Route
●Connects the two heaviest used stops in
the system (Vail Transportation Center
and Avon Station) with other major
activity centers
●Expanded hours and frequency
●160,583 riders vs. 11,187 previous year
(1335% increase)
Customer survey results
Next up
1.Official ECO Transit handover was August 4
2.10 Year Transit Development and Capital Plan,
process launched in June with expected
completion in mid-2025
3.Consolidating our new culture
4.Shoring up our capital foundations (facilities and
equipment) to support future growth and
expansion
Scott Robinson, Core Transit Deputy Director
Scott.Robinson@coretransit.org
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Eric Heil, Town Manager
RE: Update on Early Childhood Education Facility
DATE: Aug 9, 2024
SUMMARY: A quick update will be provided to Council on the designs, funding raising and process for the
early childhood education school to be built by Vail Valley Foundation on Planning Area E – Village (at
Avon). No action or direction is requested from Council with this update.
OVERVIEW: Vail Valley Foundation is exercising a leadership role in developing an Early Childhood
Education facility on Planning Area E at the Village (at Avon). The facility is designed to be 15,000 sq.ft.
and would accommodate up to 180 children. This property is owned by the Town of Avon. The property
was originally dedicated to Avon in 2014 by the Village (at Avon) as a school site dedication to be used for
education purposes. The site is centrally located to conveniently serve Town of Avon and Eagle-Vail
residents. Town of Avon and Vail Valley Foundation initially explored adding a 2nd and 3rd floor of housing
above the school; however, due to complexities and timeframes with a Planned Unit Development
Amendment, lack of funding for the estimated $16 Million cost for this housing addition, and general
preference to isolate early age child facilities from other uses, the current design is for only a school
building.
PROCESS: Vail Valley Foundation is proceeding with designs of the building so that it is able to go out to
bid for construction sometime this fall. Vail Valley Foundation has started the design review process with
the Village Design Review Board. Avon Planning and Zoning Commission has the right to review and
comment under the Village (at Avon) Planned Unit Development Guide. Avon Town Council ultimately has
authority to review and approve or direct any use and design as the owner of the property. Vail Valley
Foundation hopes to begin construction in spring of 2025 and complete the school by the end of 2026.
LONG-TERM LEASE: Avon Staff and Vail Valley Foundation have been working on a long-term lease
agreement that would address the design, construction, and operation parameters and expectations for the
property. We hope to bring a draft to introduce to Council in work session at a September or October
Council meeting. The long-term lease agreement would address energy efficient/all-electric design, roles
and responsibilities for construction of the school, minimum standards for selecting an operator of the
facility, and defining Town of Avon Employee priority admissions and reduced tuition for low-income
families. There are many more details that would be addressed in a long-term lease document.
FUNDING: Vail Valley Foundation is responsible for raising the funding for the construction of this Early
Childhood Education Facility. The rough estimated cost is $10,000,000. Town of Avon is including
construction of the bus stop in the Town’s Capital Improvement Plan budget with the idea that this bus stop
would serve Piedmont and any housing that is built on the west side of Planning Area E and the adjacent
Lot 8.
Thank you, Eric
ATTACHMENT A: Early Childhood Education School Site Plan and Massing
VILLAGE AT AVON, COLORADO
AUGUST 8TH, 2023
10
MODEL VIEWS
VILLAGE AT AVON, COLORADO
AUGUST 8TH, 2023
3
SCHEMATIC SITE PLANCCCCCAASSSSSSSCCCCCCCCCCCCCCCCHHHHHEEEEEEEEEMMMMMMMAAAAAAAAAAATTTTTTTTTTTTIIIIIIIIICCCCCCCCCCCCC SSSSSSSSSSSSSSIIIIIIIIITTTTTTTTTTTTTTTEEEEEEEE PPPPPPPPPLLLLLLLLAAAAAAANNNNNNNN
(970) 748-4088 predmondt@avon.org
TO: Honorable Mayor Amy Philips and Council members
FROM: Paul Redmond, Chief Finance Officer
RE: Appeal to Council - Real Estate Transfer Tax Exemption
38460 US Hwy 6 Unit 306, Avon CO 81620
38460 US Hwy 6 Unit 402, Avon CO 81620
38460 US Hwy 6 Unit 411, Avon CO 81620
126 Riverfront Lane #450, Avon CO 81620
DATE: August 8, 2024
SUMMARY: This report is regarding the appeal of denials of four real estate transfer tax exemptions. The
Town Council is asked to consider and shall determine whether to approve, partially approve or deny the
applications based on compliance with the exemptions, or the intent of the exemptions, set forth in Section
3.12.060.
BACKGROUND: On July 17, 2024, Heidi Witherell applied for the real estate transfer tax primary
residence exemption. Heidi Witherell purchased a residence located at 38460 Highway 6, Unit 306 in Avon
on December 18, 2023. Ms. Witherell stated she was unaware of the Real Estate Transfer Tax Exemption
application and if she was made known of the application she would have applied when she purchased her
home. Ms. Witherell formally filed an application for exemption on July 17, 2024. Staff denied the
application because it was filed after the seventy-five-day time limit. Ms. Witherell has submitted Staff a
formal appeal.
On June 26, 2024, Frederick and Margaret Sudekum applied for the real estate transfer tax primary
residence exemption. Mr. and Mrs. Sudekum purchased a residence located at 38460 Highway 6, Unit 402
in Avon on December 18, 2023. Mr. and Mrs. Sudekum stated they were unaware of the Real Estate
Transfer Tax Exemption application and if they were made known of the application they would have
applied when they purchased their primary residence. Mr. and Mrs. Sudekum formally filed an application
for exemption on July 22, 2024. Staff denied the application because it was filed after the seventy-five day
time limit. Mr. and Mrs. Sudekum have submitted Staff a formal appeal.
On July 17, 2024, Brooks Bock applied for the real estate transfer tax primary residence exemption. Mr.
Bock purchased a residence located at 38460 Highway 6, Unit 411 in Avon on January 16, 2024. Mr. Bock
stated he was unaware of the Real Estate Transfer Tax Exemption application and if he were made known
of the application he would have applied when he purchased his primary residence. Mr. Bock formally filed
an application for exemption on July 17, 2024. Staff denied the application because it was filed after the
seventy-five day time limit. Mr. Bock has submitted Staff a formal appeal.
On May 16, 2024, Sandra Gaffner emailed Miguel Jauregui Casanueva and Brenda Torres inquiring as to
the Town's real estate transfer tax primary residence exemption. Scott and Sandra Gaffner purchased a
residence located at 126 Riverfront Lane #450 in Avon on June 20, 2023. Mrs. Gaffner’s email indicated
they misread the Real Estate Transfer Tax Exemption application and thought the exemption must be filed
within one year of purchase. Mrs. Gaffner formally filed an application for exemption on May 17, 2024.
Staff denied the application because it was filed after the seventy-five day time limit. The Gaffner’s have
submitted Staff a formal appeal.
Page 2 of 2
AMC Section 3.12.070(d) provides that "An appeal which is filed timely shall be considered and acted upon
by the Town Council within forty-five (45) days after the date of receipt. The Town shall provide at least
three (3) days' prior notice to the applicant stating the date, time and location where the Town Council will
consider the appeal."
FINANCIAL CONSIDERATIONS: Town Council's granting of this appeal will likely result in an exemption
being granted under AMC Section 3.12.060 (17) for each of the four primary residences in the amount of
$3,200.
RECOMMENDATION: It appears these exemption applications would have been approved had they been
timely filed with the Town. Staff does not object to deciding in favor of the appeals because the
applications were filed within a year, and Council has approved similar exemptions on appeals in the past.
OPTIONS: The Town Council shall determine whether to approve, partially approve or deny the
applications based on compliance with the exemptions, or the intent of the exemptions, set forth in Section
3.12.060. Inadequate or inaccurate information which does not demonstrate compliance with the
exemptions set forth in Section 3.12.060 shall be grounds for denial of an application.
PROPOSED MOTIONS: "Move to approve (or deny) the appeal for an extension of time to file an
application for primary residence exemption for the property located at 38460 US Hwy 6 Unit 306, Unit 402,
Unit 411 and 126 Riverfront Lane Unit 450 ."
Thank you, Paul
ATTACHMENTS:
ATTACHMENT A: RETT Exemption Heidi Witherell
ATTACHMENT B: RETT Exemption Frederick and Margaret Sudekum
ATTACHMENT C: RETT Exemption Brooks Bock
ATTACHMENT D: RETT Exemption Sandra Gaffner
970-471-2014 ewilson@avon.org
TO: Honorable Amy Phillips and Council members
FROM: Eva Wilson, Public Works Director
RE: US6 Pedestrian Crossing Project
DATE: August 7, 2024
SUMMARY: This report provides an update to Council on the design of the US6 Pedestrian Crossing
project and seeks direction on scope of work. As Town advanced its design efforts to add traffic calming
medians, landscaped medians, and a Stonebridge Dr. traffic signal on US 6 , CDOT did not support the
drainage design which is needed due to the medians. Required drainage improvements include multiple
curb inlets and stormwater culverts/manholes to convey stormwater to Eagle River. The planning cost
estimate for the drainage infrastructure is upwards of $250,000 and additional Rights-of-Way may be
needed. Due to this finding, the increase in project costs, and the traffic calming medians, CDOT is no
longer requiring a traffic signal which necessitated the relocation of the Whitewater Condo driveway and is
permitting a formal pedestrian crossing with flashing beacons. The posted speed limit will be reduced to
35mph. Savings from the removal of the traffic signal are estimated at $550,000.
The project options are 1) Continue with the traffic signal /driveway relocation design and add required
drainage infrastructure or 2) Delete the traffic signal/driveway relocation and add required drainage
infrastructure.
Project Site:
Page 2 of 5
DISCUSSION: The current design proposed curb cuts in the medians for drainage flow. CDOT did not
accept this design due to maintenance and safety concerns in the winter with snow and ice. CDOT is
requiring stormwater curb inlets and culverts to convey stormwater across US6 and then to the Eagle River.
Curb Cut on US6
The drainage system/infrastructure is estimated to cost upwards of $250,000. Further investigation is
needed for additional Rights-of-Way needs. In support of this safety project, CDOT is no longer requiring a
traffic signal and is permitting a posted speed limit reduction to 35 mph to support a formal pedestrian
crossing with flashing beacons due to the effectiveness of all the traffic -calming medians. The removal of
the traffic signal is estimated at $550,000.
Current Design - 30%: The current design includes additional traffic-calming medians with stamped
concrete, low-level landscaping, and taller landscaping. Curb and gutters will be added where needed to
provide additional traffic calming. Extended sidewalks, pavement markings, streetlights, and flashing
beacons will enhance pedestrian safety.
Map Legend
Page 3 of 5
River Edge Pedestrian Crossing
Beaver Creek Resort - Elk Lot
Page 4 of 5
Eaglebend Pedestrian Crossing
Stonebridge Dr. Intersection Crossing
Mountain Stream Pedestrian Crossing
Page 5 of 5
FINANCIAL CONSIDERATIONS:
Project Budget:
1. Revitalizing Main Street Grant $2,000,000
2. MMOF Grant $1,000,000
3. Eagle County Contribution $200,000
4. Avon Local Match $300,000
Total Project Budget: $3,500,000
Current Project Costs:
1. Design Cost: ~ $800,000
2. 30% Designed Construction Cost Estimate (with traffic signal) ~$5,200,000*
Total Project Cost: ~ $6,000,000
Anticipated Shortfall: $2,500,000
* Construction cost estimate includes CDOT’s standard Construction, Engineering, and Inspections
(CE&I) fee of 26% of project cost ($1.08M). This fee covers CDOT staff time.
New Requirement Impacts:
1. Removal of Traffic Signal Reduction of $550,000
2. Drainage Infrastructure Increase upwards of $250,000
3. Increase design costs Increase upwards of $100,000
COUNCIL OPTIONS:
Option 1: Continue with the traffic signal and add drainage infrastructure. Increase project cost upwards
of $350K (+$250K drainage + $100K design). Total projected project cost: $6.35M.
Anticipated shortfall: $2.85M.
Option 2: Remove the Traffic Signal and add drainage infrastructure. Reduce project cost by approx.
$200,000 (- $550K + $250K + $100K). Total projected project cost: $5.8M. Anticipated
shortfall: $2.3M.
Thank you, Eva
Attachment A: US6 Improvements - Roll Plot
100'0'50'200'
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US 6
US 6 STREETLIGHT
INSTALL LED
STREETLIGHT
INSTALL LED
BUS STOP
BUS STOP
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POSTED
POSTED
40
POSTED
100'0'50'200'
APARTMENTS
EAGLEBEND
CONDOMINIUMS
SUN RIVER
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US 6 US 6
STREETLIGHT
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STREETLIGHT
INSTALL LED
STREETLIGHT
INSTALL LED
STREETLIGHT
INSTALL LED
BUS STOP
BUS STOP
BUS STOP
BUS STOP
45
FRONTGATE
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POSTED
POSTED
POSTED
CONDOS
STREAM
MOUNTAIN
TOWNHOUSES
RIVER FORGE
APARTMENTS
RIVERVIEW
CHURCH
THE VAIL
DRIVEWAY
RELOCATE
INTERSECTION
SIGNALIZED
PROPOSED
APARTMENTS
RIVER OAKS
Material
Median Cover
(> 8 feet)
Landscaping
Gutter
Curb &Sidewalk
Right of Way
Existing
Easement
Permanent
Existing
Line
Property
Existing
Pavement
Removal of
(4-8 feet)
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Low Level
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ATTACHMENT A
US6 Safety and Mobility Improvements
Pedestrian Crossings Design
Eva Wilson, Public Works Director
US6 Safety and Mobility Improvements Project
August 13, 2024
Overview
•Project Update
•Drainage Design
•Financial Impacts
US6 Safety and Mobility Improvements Project
August 13, 2024
River Edge Crossing
US6 Safety and Mobility Improvements Project
August 13, 2024
River Edge Crossing
US6 Safety and Mobility Improvements Project
August 13, 2024
Eaglebend Crossing
US6 Safety and Mobility Improvements Project
August 13, 2024
Stonebridge Crossing
US6 Safety and Mobility Improvements Project
August 13, 2024
Mountain Stream Crossing
US6 Safety and Mobility Improvements Project
August 13, 2024
Project Budget
1.Revitalizing Main Street Grant $2,000,000
2.MMOF Grant $1,000,000
3.Eagle County Contribution $200,000
4.Avon Local Match $300,000
Total Project Budget:$3,500,000
Current Project Costs:
1.Design Cost:~ $800,000
2.Construction Cost Estimate (with traffic signal) ~$5,200,000*
Total Project Cost: ~ $6,000,000
Anticipated Shortfall:$2,500,000
US6 Safety and Mobility Improvements Project
August 13, 2024
*Construction cost estimate includes CDOT’s standard
Construction, Engineering, and Inspections (CE&I) fee of 26%
of project cost ($1.08M). This fee covers CDOT staff time.
Drainage Design:
•Curb cuts
•Curb inlets
and Culverts
US6 Safety and Mobility Improvements Project
August 13, 2024
Stonebridge Crossing (No traffic Signal;35 mph)
US6 Safety and Mobility Improvements Project
August 13, 2024
New Requirement Impacts:
1.Removal of Traffic Signal Reduction of $550,000
2.Drainage Infrastructure Increase upwards of $250,000
3.Increase design costs Increase upwards of $100,000
US6 Safety and Mobility Improvements Project
August 13, 2024
Ped Crossing Cost by Jurisdiction:
US6 Safety and Mobility Improvements Project
August 13, 2024
Contractor is still
preparing costs;
anticipate costs on
Council Day
Council Options:
Option 1: Continue with the traffic signal and add drainage infrastructure. Increase project
cost upwards of $350K (+$250K drainage + $100K design). Total projected project
cost: $6.35M. Anticipated shortfall: $2.85M.
Option 2: Remove the Traffic Signal and add drainage infrastructure. Reduce project cost
by approx. $200,000 (-$550K + $250K + $100K). Total projected project cost:
$5.8M. Anticipated shortfall: $2.3M.
US6 Safety and Mobility Improvements Project
August 13, 2024
970-748-4023 jskinner@avon.org
TO: Honorable Mayor Amy Phillips and Council Members FROM: Jena Skinner, AICP, Planning Manager
RE: PUBLIC HEARING (QUASI-JUDICIAL)
FIRST READING Ordinance 24-09
REZ24001 Rezoning East Avon Preserve
DATE: August 7, 2024
SUMMARY: This report presents to the Avon Town Council (“Council”) First Reading of Ordinance 24-09,
an application for the rezoning of an existing parcel of land owned by the Town of Avon (“Avon”) known as
the East Avon Preserve (“Property”). Pursuant to the recent direction Council provided to Staff on June 11,
2024, this application seeks to change the existing zoning for the Property from Public Facilities (“PF”) to
Community Housing High Density-1 (“CHHD-1”) with no change to the remaining zoning that surrounds the
proposed housing site, of Park (“P”) (see Attachment B, Exhibit A). Council’s direction is that Community
Housing is a top priority and directed Staff to prepare and submit a rezoning application for the Property in
the fall of 2023. While not an immediate project, Staff is looking at this site with more intensity presently, as
is typical with projects anticipating a need for infrastructure improvements that involve multi-party
agreements and coordination efforts.
Location of Property: East Avon Preserve
FUTURE CONSIDERATIONS: Several conversations surrounding the future water supply for East Avon
Preserve are of concern to Council and Staff, as they are undefined presently. At a site visit that took place
on June 11, 2024, by members of Council, the Eagle River Water and Sanitation District, and Staff resulted
in an informative conversation about the future infrastructure needs for this site (see attached minutes
excerpts attached as Attachment C).
REZ24001 A Rezoning Application: EAP Community Housing
August 8, 2024
Page 2 of 7
Effectively, the existing water tank located within the Village (at Avon) is not located at a sufficient elevation
to create a suitable PSI for a water supply system. Staff is currently in discussions with Traer Creek and the
Eagle River Water and Sanitation District regarding the implementation of a secondary tank that will provide
sufficient water for not only the East Avon Preserve, but to remaining, undeveloped parcels slated for
development within the Village (at Avon) planning areas to the west, and areas of State Land Board property
further to the east.
The Town estimates that for cost sharing purposes, development in the Village (at Avon) has at least 1,000
units plus at least 195,000 of commercial approved/unbuilt, and if Avon may have upwards of 400 potential
units resulting in a 2/3rds Traer Creek/1/3rd Avon cost share for a new water tank. At this time, Staff is
working with the ERWSD on estimates for what this would cost. Staff is dependent upon the District for this
estimation.
BACKGROUND:
A work session prior to the initial application was initially heard by Council in October of 2023. At this meeting
Council directed Staff to prepare and present new Community Housing zone districts and modifications to the
Comprehensive Plan, prior to seeking an application for a rezoning on this property. Ordinance 24-01
(Community Housing Zone Districts) was approved January 23, 2024, and Ordinance 24-02 (Comprehensive
Plan Amendments) was approved February 13, 2024. Both Ordinances support and reinforce planning and
zoning (or rezoning) several Town-owned parcels for Community Housing, including the East Avon
Preserve.
Regardless of if the Town pursues a rezoning, the subject or target area for a “site” is presently limited to 6.5
acres for an allocated Community Housing development on a 37.4 acre parcel, located adjacent to the
Village at Avon Tract J with I-70 to the south. See image, next page. The restriction derives from an
Intergovernmental Agreement with Eagle County circa 2013 that established the allocation for community
housing within this site as part of a land transfer and annexation of USFS lands.
The East Avon Preserve Parcel ("East Avon Preserve") in its entirety is 85.99 acres. The Town acquired
the East Avon Preserve in 2013 from the United States Government as part of the Multi-Party Land
Exchange (with Eagle County and the USFS) agreement involving several parcels and parties (see
Attachment A, Exhibit B). The East Avon Preserve may contain an area up to 6.5 acres for what was known
at the time as “affordable” housing with the balance of the East Avon Preserve, 79.49 acres, to be used for
vehicular and trail access to reach private development to the east, as well as the development of (general)
public trails. Upon the determination of the Community Housing development area, and after carefully
determining what types of trails or open space improvements may be considered, the bulk of the site will be
placed in a conservation easement, much like was accomplished with the West Avon Preserve. The West
Avon Preserve was also transferred to the Town of Avon through the same agreement; however, housing
was not a consideration at the west location.
The East Avon Preserve Parcel or "Village Parcel" as it was called in the agreement, was not specific in what
exactly could or would be built at this location outside of dedicated housing, and the zoning that was applied
at the time was Public Facilities (“PF”) for what they believed was a potential developable area. The initial
target area for housing was within the “upper northeast corner,” as at the time Staff speculates that area was
closest to some preexisting trails and prior to the creation of Wagon Trail Road. Public Facilities has been
used historically used by Avon for uses reserved for Town purposes, on Town-owned lands – including
employee housing. In 2022, staff had a slope analysis for the site completed and a more suitable site has
been identified for development, to ensure for a more logical development, with expected lower costs. The
REZ24001 A Rezoning Application: EAP Community Housing
August 8, 2024
Page 3 of 7
site also aligns with accessibility to Wagon Trail Road. Estimates for road construction are considerably
lower at this location than what may have been anticipated back in 2013.
PROPOSED ZONING CHANGES: The Town seeks to change the existing zoning of Public Facilities
(“PF”) zoning to a more defined and appropriate residential zone district of Community Housing High
Density-1. (“CHHD-1”). PF zoning was applied to this property in 2013 when Avon was granted the
opportunity to create a Community Housing site on lands conveyed to them from Eagle County. This is one
of the reasons behind this zone change.
• PF zoning, while it permits Community Housing, is not specific to the site design and development
layout intentions like the more recent addition of the CHHD-1 zoning. This includes residential
considerations addressing things like landscaping, uses, heights, and setbacks.
• Importantly, our agreement with Eagle County specifically limits uses on this property to Community
Housing, trails, and roads and as such, PF is not an appropriate zone district for clearly
administering potential development, per the intentions of the IGA with Eagle County.
Please see Attachment D comparing zone districts and uses.
PLANNING & ZONING COMMMISSION REVIEW COMMENTS: The proposed rezoning was unanimously
supported by the Planning and Zoning Commission (“PZC”) on April 22, 2024, when Staff requested the
application of the Community Housing Medium Density (“CHMD”) zone; the PZC recommended Council
approve this proposed rezoning. The PZC felt that using the Community Housing Medium Density (CHMD)
instead of the existing Public Facilities (PF) was a logical and comprehensive option. After modifying the
application and returning to the PZC on July 8, 2024, with an application proposing CHHD-1, the PZC
unanimously supported this zoning district. The PZC validated the previous Council suggestion that in
REZ24001 A Rezoning Application: EAP Community Housing
August 8, 2024
Page 4 of 7
utilizing the CHHD-1 zone district, the Town could improve the site’s development potential using the
standards set within a more formative zoning like CHHD-1 - especially considering density and maximum
height considerations.
PROCESS: Rezonings can only be initiated by property owners and the Avon Town Council (“Council”).
With direction to proceed with a rezoning application Staff will provide the necessary public notification
before hearings with the PZC. PZC will then review the rezoning application and provide a recommendation
to Council. Council then approves rezonings by adoption of an ordinance.
PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on April 12, 2024, April 26,
2024, June 21, 2024, and July 31, 2024. No public comments have been received.
Proposed Zoning
DISCUSSION: The Town continually strives to increase the numbers of Community Housing units within
Avon. Properties owned by Avon which are physically suitable for the development of Community Housing
have the financial advantage that Avon does not have to include the cost of land into the overall cost of
developing housing. 6 acres in this location implementing a mix of duplexes, townhomes, or multifamily units
likely has a fair market value in the millions.
STAFF ANALYSIS & REPORT
PZC PUBLIC HEARING RECOMMENDATION 7/8/2024
TOWN COUNCIL ORDINANCE & PUBLIC HEARING 8/13/2024
TOWN COUNCIL INITIATION
TBD
REZ24001 A Rezoning Application: EAP Community Housing
August 8, 2024
Page 5 of 7
The property is sizeable; however, it contains considerable slopes, which makes high-density housing
development difficult in this location. Application of the CHMD zone district was first thought to be
appropriate for this reason, with goals including the implementation of a choice mix of potentially less
sizeable residential forms, assisting in increasing “missing middle” inventory in Avon that work well with the
topography. Town Council felt that having the option to increase the potential for housing density at this
location by implementing the “next” level of zone districts, Community Housing High Density-1, may lead to
an improved design, and potentially, the “right” mix of units and design. This would allow buildings to be a
bit taller, allowing more effective design like terraced structures that step up hillsides. The CHHD-1 would
also increase maximum densities from 65 units max using CHMD (10 units per acre) to a max of 162.5 units
(at 25 units per acre using CHHD-1). While it would most likely be impracticable to maximize the full density
potential of CHHD-1 given the site constraints, it will allow the Town to move forward without the need for a
Development Bonus for density should the site yield a developable area that may carry more than 65 units.
One of the main reasons that Council decided to have staff move into the proposed zone district of CHHD-1,
in because of the East Avon Preserve’s location. The property is contiguous to Planning Area J (mixed-
use/neighborhood commercial) area of the Village (at Avon) PUD. This site permits a density (per zoning) of
18 units per acre. Future development of Area J will compatibly support the residential development of the
East Avon Preserve at a higher density than the initial 10 units per acre, as proposed previously.
The planning and development of the East Avon Preserve is not as critically time sensitive as the recent
Slopeside project, as water service is a current outlier for development at this location. A water storage tank
to serve properties in this vicinity will be a necessary first step prior to the onset of the residential
construction. Changing the zoning to CHHD-1 is an advantage in 2024, as this places the Town of Avon in a
position to seek funding for infrastructure improvements that will support future housing at this location.
COMMUNITY HOUSING DEVELOPMENT STEPS: The development of Community Housing involves
several steps, which are described as follows:
(1) Identification of land suitable for a Community Housing Project.
(2) Zoning (or Rezoning)
(3) Determination of Ownership and Initial Partners (i.e. public or private).
(4) Determining whether to proceed as public development project or post Request for Proposal for
private developers.
(5) Apply for Grant Funding for design, infrastructure and/or construction.
(6) Conceptual Design of Housing Project to determine density, layout and feasibility.
(7) Determination of specific housing type and goals (rent versus own, unit size, target AMI levels)
(8) Establishing development team (architect, owners representative, contract – if a public project, or
selecting developer if private project).
(9) Securing financing and finalizing development agreements and deed restrictions.
(10) Overseeing or administering construction of project.
(11) Construction completion and sale or leasing per Avon Community Housing Policies or per terms
with private developer.
REZ24001 A Rezoning Application: EAP Community Housing
August 8, 2024
Page 6 of 7
Steps 1 through 2 are necessary before the Town can meaningfully engage with potential housing
partners or apply for grant funding. For this reason, it is essential to proceed with the first two steps,
creating strategic opportunities to continue with the remaining tasks based on partner support and grant
funding availability. Updating the Avon Municipal Code by adding Community Housing zone districts
and updating the Comp Plan to support rezonings related to Community Housing was an essential
foundational action.
NEXT STEPS: Actual development of a Community Housing project will involve several steps after
rezoning. Staff estimates this process will take at least 1-2 years to get to the Construction Phase after
securing water service and related infrastructre. Several steps will include further review of project design
and type of housing development by Council and the Avon Planning and Zoning Commission, in the interim.
Between PZC and Council hearings, staff has been directed to speak with Eagle County about potentially
modifying the original IGA for the East Avon Preserve to potentially increase the development area and to
acknowledge the new zone district location and shape. The future conservation easement is not dependent
on any certain acreage nor does zoning influence the size and shape of the easement itself. The only
stipulation is that the uses permitted in the area outside of the housing development boundary, is limited to
trails and open space area. Effectively, once the area of development is determined, constructed, etc, the
conservation easement will be created through a local land trust, much like what transpired with the West
Avon Preserve.
REVIEW CRITERIA: Council must consider a set of review criteria when reviewing rezonings. The review
criteria is governed by Avon Municipal Code (“AMC”) §7.16.050, Rezonings. Staff has provided responses
to each review criteria within the attached Application.
FINDINGS: §7.16.050, Rezonings.
(1) Evidence of substantial compliance with the purpose of the Development Code has been
established within the application;
(2) This application is consistent with the Avon Comprehensive Plan as this parcel is slated for
Community Housing- recognized as an important use within the Plan;
(3) The physical suitability of the land for the proposed development or subdivision is sufficient for the
purposes of this rezoning, and will be further evaluated in subsequent entitlement applications;
(4) Compatibility with surrounding land uses is reasonable, as this area is comprised of a mix of
residential and neighborhood commercial uses;
(5) The proposed rezoning is justified by changed or changing conditions in the character of the Avon
area as Community Housing is an established need;
(6) There are adequate facilities that will be available to serve development for the type and scope
suggested by the proposed zone compared to the existing zoning, which the Town will ensure not
to affect the existing level of services available currently;
(7) The rezoning is consistent with the stated purpose of the proposed zoning district: Community
Housing;
REZ24001 A Rezoning Application: EAP Community Housing
August 8, 2024
Page 7 of 7
(8) The rezoning will not result in adverse impacts upon the natural environment, including air, water,
noise, stormwater management, wildlife and vegetation, and any impacts will be substantially
mitigated through future development applications;
(9) The rezoning will not result in significant adverse impacts upon other property in the vicinity of the
subject tract;
(10) As this rezoning is not within an existing PUD, consistency with a relevant PUD Master Plan is not
applicable; and
(11) Adequate mitigation may be required for future development applications as the rezoning will
result in greater intensity of land use or increased demands on public facilities and infrastructure;
however, during future phases of entitlement.
And,
Conformance with General Review Criteria in AMC §7.16.020(f)(1), General Criteria, which provides
criteria that are applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority
to administratively approve a development application. The reviewing authority shall be the
PZC and/or Town Council for all development applications which are subject to public hearing.
The reviewing authority shall review development applications for compliance with all relevant
standards and criteria as set forth in the specific procedures for the particular application in
this Development Code, as well as the following general criteria which shall apply to all
development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing authority
to determine that the development application complies with the relevant review criteria;
(iii) The development application complies with the goals and policies of the recently updated
Avon Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity will be
mitigated by future development applications.
RECOMMENDATION: I recommend approval of the rezoning of the East Avon Preserve.
PROPOSED MOTION: “I move to approve First Reading of Ordinance 24-09 for the Rezoning of the East
Avon Preserve from Public Facilities to Community Housing High Density-1 based on the findings for
§7.16.050 Rezonings and §7.16.020(f)(1) General Criteria, as presented and outlined in the Staff report and
application.”
Thank you, Jena
ATTACHMENT A: Ordinance 24-09
ATTACHMENT B: REZ23001 East Avon Rezoning Application
ATTACHMENT C: East Avon Preserve Site Visit Minutes -Excerpt
ATTACHMENT D: Zoning Information
Ord 24-09 Rezoning EAP to CHHD-1
August 1, 2024
Page 1 of 3
ORDINANCE 24-09
REZONING THE EAST AVON PRESERVE (SECTION: 8 TOWNSHIP: 5
RANGE: 81 LOT 1) AVON, COLORADO, FROM PUBLIC FACILITIES TO
COMMUNITY HOUSING HIGH DENSITY-1
RECITALS
WHEREAS, the Avon Town of Avon (“Applicant”) submitted an application to rezone a
portion of the East Avon Preserve parcel (Lot 1), Avon, Colorado (“Property”) from Public
Facilities, to Community Housing Medium Density with the remaining area Open Space,
Landscaping, and Drainage for the purpose of creating Community Housing.
WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing
and posting notice as required by law, held public hearings on June 11, 2024, and prior to
formulating a recommendation to the Town Council considered all comments, testimony, evidence
and Town Staff reports; and in accordance with AMC §7.16.020(f), then took action to adopt a
Findings of Fact and a Record of Decision, for a final recommendation for the Town Council to
approve this Application for Rezoning;
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body
politic organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law;
WHEREAS, pursuant to the home rule powers of the Town, the Avon Town Council
(“Council”) has the power to approve ordinances necessary and proper to provide for the
safety, preserve the health, promote the comfort, and convenience of its inhabitants;
WHEREAS, the Council held Public Hearings on August 13, 2024, and August 27, 2024,
after posting notice as required by law, considered all comments, testimony, evidence, Planning
and Zoning Commission recommendations, and Staff reports prior to taking action on the
Application;
WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria and AMC §7.16.010(f)(1),
General Criteria, the Town Council has considered the applicable review criteria for rezoning and
finds that the criteria are met in accordance with these findings;
WHEREAS, the Property is owned by the Town of Avon which is currently intended for use
as Community Housing and open space;
WHEREAS, the Council finds that the rezoning from Public Facilities to Community Housing
Medium Density and Open Space, Landscaping, Drainage will promote the Avon Comprehensive
Plan and the Avon Community Housing Plan, and will thereby promote the health, safety and
welfare of the Avon community; and
Ord 24-09 Rezoning EAP to CHHD-1
August 1, 2024
Page 2 of 3
WHEREAS, approval of this Ordinance on First Reading is intended to confirm 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
the application, and that approval of this Ordinance on First Reading does not constitute a
representation that Council, or any member of the Council, supports, approves, rejects, or denies
this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of Council.
Section 2. Rezoning. The East Avon Preserve, Avon, Colorado, is hereby rezoned from Public
Facilities to Community Housing High Density-1, with no change to the remaining area previously
zoned as Park.
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. 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 in no event take effect sooner than thirty (30)
days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. Council hereby finds, determines and declares 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 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.
Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical, grammatical,
cross-reference, or other errors which may be discovered in any documents associated with this
Ordinance and documents approved by this Ordinance provided that such corrections do not
change the substantive terms and provisions of such documents.
Ord 24-09 Rezoning EAP to CHHD-1
August 1, 2024
Page 3 of 3
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 13, 2024, and setting such public hearing for Second reading for
, at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ _____________________________________
Amy Phillips, Mayor Migual Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING on , 2024.
BY: ATTEST:
____________________________ _____________________________________
Amy Phillips, Mayor Migual Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
___________________________
Nina P. Williams, Town Attorney
970-748-4023 jskinner@avon.org
EAST AVON PRESERVE COMMUNITY HOUSING PROJECT APPLICATION
APPLICATION TYPE: REZONING
FILE NUMBER: REZ24001
LOCATION: Adjacent to the Village (at Avon) PA J; Section: 8 Township: 5 Range: 81 LOT 1
Parcel No. 210308300007
https://property.eaglecounty.us/assessor/taxweb/account.jsp?accountNum=R065214
APPLICANT/OWNER: Town of Avon
REPRESENTATIVE: Jena Skinner, AICP
SECTION 1:APPLICATION INFORMATION
APPLICATION SUMMARY: In Avon’s goal to increase the number of dedicated workforce housing units along with a
secondary goal of diversifying its housing portfolio of unit types, the Town is currently seeking to rezone a parcel of
land owned by the Town, to create a unique, Community Housing development. This development necessitates the
zone district of Community Housing High Density-1 (“CHHD-1”) to accomplish these goals, which is a suitable zoning
for this location: the East Avon Preserve (“EAP”).
The location of the subject parcel is adjacent to a future mixed-use neighborhood commercial development,
recognized as Area J of the Village (at Avon). The site’s walkability to the anticipated neighboring commercial
businesses, park, and open spaces, is convenient for this project. Additionally, this location is near an existing
transit/bus route, making this site a great site for our workforce. The EAP is currently limited to 6.5 acres of
Community Housing development on a 37.4 acre parcel, with I-70 to the south but as mentioned, this area may be
increased if Eagle County agrees to expand the housing site. The remaining, undeveloped area outside of the
housing site is required to be placed into a conservation easement, to occur when the precise development area is
determined; there is no specific timeline nor deadline to accomplish the conservation easement per the agreement.
Subject Property
East Avon Preserve Rezoning Application Aug.1, 2024
Page 2 of 9
The subject site is large but topographically challenging. The proposed CHHD-1 zone district shape
captures the most suitable area for development based on Staff’s preliminary slope assessment. Within this
area, Staff expects there will be approximately 5+ acres of developable land (slopes of 0-40%) plus lands
for roads, trails, parking, and landscaping/drainage. Staff also identified a secondary site to the east (see
image below), that may be suitable for open space or park space nuances, as uses in this area are limited
per the agreement. A sizable gully separates these two areas. As infrastructure costs rise in rugged terrain,
Staff is not pursuing a zone change in the secondary area because of the gully, and this area will remain
zoned Park. Additionally, the stipulations in the IGA with Eagle County require community housing in the
subject property's “upper northwest area.” To modify this stipulation, Avon must return to Eagle County for
an agreement modification which will occur in July or August of this year before this application/file returns
to Council.
Due to the development limitations of the CHMD density, Council considered the implementation of a
different zoning instead of the proposed CHMD on June 10th. Council felt that as that district is limited to 65
dwelling units at ten du/ac on 6.5 acres, using the next available Community Housing zone district may be
more beneficial. Using Community Housing High Density-1 (“CHHD-1”), as is now proposed, would open
the possibility of increasing the number of units to a maximum of 162.5 residences at 25 du/ac. That does
not mean Avon will (or even could) maximize the zoning potential, but it will allow the project's design to
have flexibility in utilizing the site efficiently and possibly this will help lower construction costs if having
denser dwelling units pencils out and works best with both the site design and financing.
Another idea that Council presented to Staff was to take an opportunity to consider what would be some of the open
space improvements (aside from trails) that would be beneficial for the citizens of Avon within the Park-zoned area. A
“memorial garden” was suggested, and Staff is investigating that use and or similar as we move through the process.
East Avon Preserve Rezoning Application Aug.1, 2024
Page 3 of 9
BACKGROUND: The subject parcels (Lots 1 and 2) known collectively as the East Avon Preserve, total 85.99
acres (see image below). The Town acquired the East Avon Preserve in 2013 from the United States government as
part of the Multi-Party Land Exchange agreement involving several parcels and parties. The East Avon Preserve may
contain an area of up to 6.5 acres for what was known at the time as “affordable” housing, with the balance of the
East Avon Preserve, 79.49 acres, captured in a future conservation easement slated for vehicular and trail access to
reach private development to the east, as well as the development of public trails. It was in 2013 when the Town
acquired the Property through a deal involving the USFS and Eagle County (which originally referred to the East Avon
Parcel as the “Village Parcel”), which requires in part that after the boundaries of the reserved area for “affordable
housing” and community facilities; and when the road and trails alignments are determined, the Town of Avon is
committed to granting a conservation easement to a land trust mutually acceptable to the Town and Eagle County.
Not knowing what design would work for this location, the zoning applied was Public Facilities (“PF”) for the potential
developable area. The Swift Gulch facility parcel was also zoned Public Facilities to reserve this area for Town
purposes, including government employee housing and other uses. Recently, Avon rezoned the Slopeside parcel
(neighboring parcel to Swift Gulch) to the more appropriate Community Housing High Density-1, which is being
proposed for this location as well.
Housing discussions and interactions have significantly increased due to the pandemic’s outfall. This was due to the
unforeseen migration of people relocating to the mountains and an extreme demand increase. The outfall: housing
prices rose sharply, and, in response, mortgage rates dramatically increased due to this inflation. Towns all over the
nation are currently experiencing a workforce housing crisis. They are still dealing with the employment trends that
have also been affected as an additional outcome of the pandemic.
Workers quit their jobs in record numbers in 2021 and 2022 as ample job opportunities and higher pay lured them
elsewhere. The good news is that the “quits rate” has steadily declined since peaking last year, and in April 2023, this
rate fell to its pre-pandemic average in 2019[1]. However, with housing scarce or extremely expensive to buy or rent
currently- even with jobs available, positions remain difficult to fill without the ability to offer housing, especially for
those not making 100%+ AMI wages. Towns like Vail have various accommodations available for workers.
Unfortunately, Avon does not yet have a portfolio as extensive as Vail's. Thinking ahead to diversify housing projects
is a step in the best direction, and contemplating creating housing for employees. This includes accomplishing the
appropriate entitlement steps for the East Avon Preserve.
[1] U.S. Bureau of Labor Statistics JOLTS report, May 2023
SECTION 2 : REVIEW CRITERIA:
The Planning and Zoning Commission and Town Council must consider a set of review criteria when reviewing
rezonings. The review criteria is governed by Avon Municipal Code (“AMC”) §7.16.050, Rezonings.
(1) Evidence of substantial compliance with the purpose of the Development Code;
Applicant Response: This rezoning is a small step to help increase Avon’s Community Housing efforts, and
may be considered an essential piece in supporting the Town's economic sustainability and the health, safety,
and general welfare of the Avon Community. This rezoning will require a site specific development review to be
examined and processed as a next step and once designed, having a property with the appropriate zoning to
site a Community Housing project, will improve the Town of Avon’s chances in receiving vital grant funding for
this type of Community Housing project. Preparing to create new housing projects with having available land at
the ready without finished concept plans is becoming as essential as having full design plans ready moving
forward.
As mentioned as a “next step”, the Town will engage in obtaining a consultant to investigate preliminary
engineering designs for this project. During this process, the Town will ensure that all underlying code
requirements for the requested zone district will be met, as this assessment proceeds.
East Avon Preserve Rezoning Application Aug.1, 2024
Page 4 of 9
(2) Consistency with the Avon Comprehensive Plan;
Applicant Response: On the first page of the Avon Community Housing Plan it quotes the recently updated
Avon Comprehensive Plan where, “Avon’s vision is to provide a high quality of life, today and in the future,
for a diverse population; and to promote their ability to live, work, visit, and recreate in the community.” It
goes on to state, “The Potential community benefits of increasing Community Housing efforts include:
• More housing choices;
• Increased economic stability and a more active year-round economy for local residents and
businesses;
• Greater ability to retain individuals and families throughout life and career phases, strengthening
the sense of community, opportunity, and quality of life;
• Increase Community Housing supply for job recruitment purposes;
• Create Community Housing in closer proximity to job centers with pedestrian connections and
availability of transit, in alignment with the Climate Action Plan goals.”
Goal 1 of this same plan is to, “Achieve a diverse range of housing densities, styles, and types, including rental
and for sale, to serve all segments of the population.” This rezoning offers the Town a parcel of land that is set
up and ready to invest in, for projects like the one that would be an asset at this location. Most likely, housing
at this location would be in alignment with income targets of 120-140% of AMI or greater, given the potential
infrastructure improvements needed. Having this parcel rezoned with a Community Housing zone district,
allows the Town to find and apply for housing grants to help offset these significant costs.
In Section E. Housing, two other policies reflect the goals of the Town for this project: Policy E.1.6: Actively
plan for Community Housing developments on Town-owned lands, and, Policy E.1.7: Encourage Community
Housing development on non-Town-owned lands as primary developments, or as a significant component
within developments, whenever practicable.
Town Council recently added a new section of the
Comp Plan (“District 12”), specific to the East Avon
Parcel. Within this section it states that, “The East
Avon District will be a Community Housing
neighborhood connected to Wagon Trail Road and
a multi-use path. The district enjoys extensive
views and ample south-facing orientation for
passive-solar-designed buildings. The district is
also highly visible from I-70 and across the Eagle
River Valley. The architectural design of
Community Housing on this site should be elevated
to demonstrate a strong example of Avon’s
residential design standards and goals.” Further,
“The East Avon District will be connected to and
integrated with a trail system on the adjacent
District 8 trail system. Development may include a
variety of Community Housing types for local workers.”
The Future Land Use Plan establishes preferred development patterns by designating land use categories for
specific geographical locations. While land use designations depicted on the land use map do not supersede
the Town’s zoning districts and regulations, they display general land use categories as a visual guide for the
community based on the goals, objectives, and policies presented within this document. The Comprehensive
Plan designates this site as Community Housing, as shown in the image, right. Specific zoning
recommendations were not incorporated in the Comp Plan, to allow for site specific allocation through site
design and the rezoning process.
East Avon Preserve Rezoning Application Aug.1, 2024
Page 5 of 9
Updating land use regulations with new
development tools is also supported by
the Avon Comprehensive Plan Policy
C.1.1, which recommends to:
Regularly update and enhance the
Avon land use regulations and
District Master Plans for innovative
design approaches and positive development outcomes. The
Comprehensive Plan is approaching a
complete update (potentially 2025);
however, the approved update with
Ordinance 24-02 centered on
Community Housing works in harmony
with this proposed zone change.
Recently, the Town adopted the addition of five (5) new Community Housing zone districts within the Avon
Municipal Code to ensure this regulatory element is up to date concerning density maximums and definitive
design “minimums.” If these zone districts are not quite “enough” to capture desired design alternatives, the
Development Bonus process is available to help with projects on a case-by-case basis. The Community
Housing Plan supports this action by encouraging “…incentives and regulations to create a policy environment that is favorable for local housing.” Effectively, having several Community Housing tools
available to assist with potential projects, including design flexibility, ensures that targeted areas for Community
Housing align with the Town’s housing goals, which is the first step in thinking ahead, adequately planning
housing policies, and obtaining funding.
To encourage new development and redevelopment, Avon has to have various appropriate tools to support
projects that are best for the community and help attract project partners. In this case, preparing town-owned
lands to receive housing projects, as advocated by the Comprehensive and Avon Community Housing plans,
while being open to expanding on what kinds of housing programs are needed to support these efforts, is the
first step in responding to the housing crisis.
(3) Physical suitability of the land for the proposed development or subdivision;
Applicant Response: Although this property has significant grade changes the property is suitable for
development where slopes are identified less 40% (see images next page and Exhibit A). A scenic property, I-
70 noise will be a factor when considering the overall site layout and structure orientation. Staff anticipates that
in working with both the terrain and other factors like noise and visual impacts, a very considerate development
overall will be the result that creates a very desirable neighborhood for workers.
Infrastructure including roads and utilities, will need to be installed for this property. Initial design preliminaries
have been evaluated, as Staff knows that the existing Wagon Trail Road will need to be extended through and
or adjacent to the preserve as the Village (at Avon) plans to use this road to serve portions of the VAA to the
north and east of the subject property; this road may also one day connect to the proposed State Land Board
development in Eagle Vail. Currently, water and sewer is available in Wagon Trail Road, and generally, Wagon
Trail Road is suffcieint for the main access road leading to this development area. The most significant piece of
the development puzzle is the needed water storage tank for this area. The Town is in discussions with the
Village (at Avon) regarding this aspect of the project. Preliminary conversations estimate that based on the
potential for 1,000 residential units and 195,000 sq ft for commercial pending for Traer Creek, and with the
potential for upwards of 400 units for Avon (between East Avon Preserve, the State Land Board project, and if a
East Avon Preserve Rezoning Application Aug.1, 2024
Page 6 of 9
USFS parcel incorporates into Avon, this partnership would result in 2/3rds of the costs supplied by Traer Creek
and 1/3 from Avon. Rough designs for both sizing of the tank and infrastructure, along with the costs to
implement this project will utlimately be provided by the Eagle River Water and Sanitation District. This rezoing
is not contingent upon finalization of this design, and accomplishing this phase first may assist in obtaining
grants and funding for infrastucture upgrades in the future.
This site does not contain any significant wildlife habitat; however, it is used by mule deer as general summer
and winter range, as well as a general migration corridor stretching from Gypsum to Dowd Junction.
Image: Looking East from Wagon Trail Road 2023
Image: Looking West from Wagon Trail Road 2023
(4) Compatibility with surrounding land uses;
Applicant Response: The rezoning of this property to Community Housing High Density-1 is appropriate
given that this property is within walking distance to future mixed-use neighborhood residential uses and
commercial offerings like restaurants, transit, healthcare, and other services slated for Village (at Avon) Area J.
The (future) P3 recreation area is also within walking distance. Further, having a variety of housing types –
especially townhomes, will result in a more thoughtful design that may integrate into the topography better than
using large structures that require more significant grading. Also important to this potential project, having this
East Avon Preserve Rezoning Application Aug.1, 2024
Page 7 of 9
zone district at the ready alllows for maximization of the site, should it yield a carrying capacity for 25 units per
acre without the need to request a Development Bonus. Again, it does not mean that this site will be able to
maximize this density maximum, but having a greater range of units is a design advantage.
Development on this site will not have an adverse effect- or any impact, to neighboring properties as there are
no directly adjacent developments to this location given the expectations of the slope analysis (there is a small
buffer between this property and neighboring Area J). Development on this site will not impede views from any
other existing developments, nor detract from the viability of the surrounding land uses.
(5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned;
Applicant Response: This rezoning is being sought directly in response changed conditions or housing
crisis Avon is experiencing and as mentioned earlier within this report. Namely, responding to the need to
invest in a diverse number of housing projects needed to support Avon’s economy and workforce, and in
offering options for Community Housing unlike any project within the Town of Avon currently.
(6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels
of service to existing development;
Applicant Response: This site is in excellent proximity to all necessary infrastructure without jeopardizing
any existing development, including the availability of water and sewer- or the potential thereof. The Town
will seek these services from the Eagle River Water and Sanitation District as a next step in the entitlement
process. Precisely when a supportive tank that is needed to provide satisfactory water pressure to this site
and neighboring will be constructed is undefined. In preliminary discussions, nothing has surfaced that
would lead Staff to believe this is not something that can be implemented.
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district;
Applicant Response: The purpose of the Community Housing High Density-1 (CHHD-1) is to
accommodate a workforce neighborhood development in a cost effective configuration, with a construction
type and density that permits a number of residential units with a maximum of four (4) stories of residential
on sloped lands (or 3 stories of units over parking).
The recent Comprehensive Plan Amendment purposefully did not add suggested zone districts to the Future
Land Use Map so that individual projects would apply which Community Housing zone would best suit a
particular site, given its location and compatibility with neighboring developments. While it is imperative to
maximize density when designing a project for genuinely affordable housing units, it is also necessary to find
balance in developing a project that is not only within walking distance of amenities, services, and transit but
that a project should not overwhelm a parcel or result in significant site disturbance – especially a parcel like
the East Avon Preserve, which is a highly-visual site as you approach Avon.
(8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation,
or such impacts will be substantially mitigated;
Applicant Response: As mentioned previously, this site deserves a very thoughtful approach in its design
to create a project respectful to the property’s slopes and drainage, and its high visibility. This will be
accomplished by designing in accordance with the topography. As mentioned in the finding for property
suitability, there are no significant impacts anticipated to vegetation, wildlife, or to the natural environment, if
we use the slopes to our advantage. In regard to air quality, best practices will be used at all times for dust
control, as is required by the State of Colorado. Where noise is concerned, this area has existing vehicle
noise due to I-70. Largely generated during working hours, situating a residential development on this site
East Avon Preserve Rezoning Application Aug.1, 2024
Page 8 of 9
should not be an issue after typical working hours, as travel dissipates on I-70 – especially if landscaping
acts as a buffer between the residences and the interstate.
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract;
Applicant Response: Development of this site in the future will change the “feel” of the area in having a
residential development on a parcel that has been largely vacant for decades; however, that argument could
be made for any long-standing vacant parcel. In this case, changing the zoning from PF to CHHD-1 will not
have any adverse impacts to the neighboring properties, and the Village (at Avon) has approvals for
development on three sides of this parcel. Public transit is already accommodated near this location, and
this site is highly walkable to neighboring restaurants, parks, and other amenities. Having a residential zone
district for this site adds compatibility over the existing public facilities zoning.
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and
Applicant Response: Not applicable.
(11) Adequate mitigation is required for rezoning applications which result in greater intensity of land use or increased demands on public facilities and infrastructure.
Applicant Response: The Town will thoughtfully and thoroughly design a project that is properly mitigated
in changing its current use to residential. This will include any infrastructure modifications or expansions. As
previously mentioned, having existing water and sewer and public transit in proximity to this location within a
developed roadway is helpful when designing the future needs of a Community Housing project.
GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria,
which provides criteria that are applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to
administratively approve a development application. The reviewing authority shall be the PZC and/or
Town Council for all development applications which are subject to public hearing. The reviewing
authority shall review development applications for compliance with all relevant standards and criteria
as set forth in the specific procedures for the particular application in this Development Code, as well as
the following general criteria which shall apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing authority
to determine that the development application complies with the relevant review criteria;
(iii) The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is mitigated
by the development application.
Applicant Response: This rezoning application is complete. Applicant believes sufficient information exists
to allow Council to review this application with the review criteria. Further, the recently approved code text
amendment application directly reflects the amendment to the Avon Comprehensive Plan, that now recognizes
this area specifically whereas previously, no guidance for this area existed (in the Comp Plan). This rezoning
application will not impact demands for public services or infrastructure because it is not a true development
application; instead, it is simply a rezoning for a Town-owned property slated for the future planning
surrounding a potential Community Housing project. Attaining a proper zoning as a first step in this process
East Avon Preserve Rezoning Application Aug.1, 2024
Page 9 of 9
may help the Town in obtaining funding for this future development. There is no risk in rezoning this parcel as
a first step in the entitlement and design process.
CONCLUSION: If the Town is successful in achieving this rezoning, the following development generalized “next
steps” or actions will occur:
• Pursuing development/infrastructure and housing grants for this project;
• Obtaining consultants to produce geotechnical reports;
• Producing an RFP for potential design services;
• Pursuing potential community development partners;
• Creating a concept plan to be examined by the Planning and Zoning Commission and Town Council.
This rezoning is an excellent first step in setting up the Town to pursue funding and in implementing a 100%, deed
restricted Community Housing project for Avon. Doing entitlement work in 2024 even before having any design plans,
positions the Town to more effectively plan for growth and in looking at the economic viability moving forward.
Importantly, in increasing our housing portfolio and in recognizing our essential workforce needs, Avon becomes an
even greater community.
EXHIBIT A – East Avon Parcel Mapping Exhibit
EXHIBIT B – IGA Between Avon and EC
EXHIBIT A
East Avon Preserve
Community Housing
POTENTIAL ACCESS ALIGNMENTS (Option 1 preferred)
POTENTIAL DEVELOPMENT AREA
POTENTIAL REZONING
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE AND
THE TOWN OF A VON
This Intergovernmental Agreement ("Agreement") is made this C\ � day of
, 2013, by and between the County of Eagle, State of Colorado, a body corporate�� and politic ("County") and the Town of Avon, a Colorado home rule municipal corporation ("Town"), (individually referred to as "Party" and collectively as "Parties").
WITNESS ETH
WHEREAS, the White River National Forest - Eagle/Holy Cross Ranger District initiated a multi-party land exchange involving Eagle County, the Colorado State Board of Land Commissioners, the Upper Eagle Regional Water Authority, and the United States Forest Service ("Land Exchange");
WHEREAS, the Town has acquired two parcels of land from the United States government
as a result of the Land Exchange, dated � ct, )-Q2i by and among the State of Colorado State
Board of Land Commissioners, the Upp�l� River Water Authority, Eagle County, and the
United States of America Forest Service, which parcels are described as: the West Avon Parcel
containing approximately 478.09 acres and located within the Town of Avon; and, the Village
Parcel, containing approximately 85.99 acres and located within in Eagle County;
WHEREAS, the Village Parcel is bounded on three sides by the Village (at Avon) PUD
project area and the Village Parcel is situated such that road and trail access across the Village
Parcel may be the best alignment for com1ection to the lower and eastern most portions of the
Village (at Avon) PUD project area;
WHEREAS, the Town adopted Resolution No. 11-12 A RESOLUTION REPEALING
RESOLUTION 11-09 AND APPROVING A NEW RESOLUTION BY THE AVON TOWN
COUNCIL SUPPORTING A MULTI-PARTY LAND EXCHANGE LOCATED IN THE
WHITE RIVER FOREST IN EAGLE COUNTY AND RECOMMENDING EXCEPTIONS TO
THE CONSERVATION EASEMENTS ON THE WEST AVON PARCEL AND THE
VILLAGE PARCEL which stated the policy to reserve from any conservation easement
recreational trails, approximately 6 acres of land for affordable housing and community facilities
on the Village Parcel, and a potential future easement or easements for a road and trail
connecting Plam1ing Area RMF-1 to Plam1ing Area M (as defined in the 1998 Village (at Avon)
PUD map) on the Village Parcel;
WHEREAS, the Town is not able to determine the specific alignment and location of such
uses to be reserved from a conservation easement at this time but Town desires .to make a
commitment to the County that a conservation easement will be granted for the Village Parcel in
the future and further desires to cooperate effectively with the County to promote the efficient
Engle County-Town of Avon 2013 !GA Village Parcel Conservation Easement
Page 1 of 4
Jan. 22, 2013 FINAL
EXHIBIT B
IGA EC-TOA EAST AVON PRESERVE
1
achievement of important community goals for Eagle County residents, including but not limited
to residents of the Town of Avon; and,
WHEREAS, this Intergovernmental Agreement is authorized pursuant to §29 -1 -201 and
30 -11 -101, Colorado Revised Statutes, as amended; Article XIV, Section 18, of the Colorado
Constitution; and Section 16.2 of the Avon Home Rule Charter.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, the Parties agree as follows:
1. Future Conservation Easement. The Town agrees that Town will grant to Eagle Valley
Land Trust, or other appropriate organization mutually acceptable to Town and County, a
conservation easement ( "Future Conservation Easement ") on the portion of the Village
Parcel remaining after the determination of the location and alignment of roadways and trails
and after determining the boundaries of a reserved area for affordable housing and
community facilities. The Future Conservation Easement shall restrict and protect the
remaining portion of the Village Parcel as open space in its natural state, shall allow passive
recreation activities, and shall generally include such other terms as are included in the
conservation easement on the West Avon Parcel or shall include such terns as Town and
County mutually agree. The Town agrees that the area for affordable housing and
community facilities shall be no greater than 6.5 acres without approval by the County and
that the location shall be generally on the northwest conger of the Village Parcel as depicted
in Resolution No. 11 -12 of the Town of Avon, attached hereto as Exhibit "A" and
incorporated herein.
2. Cooperation on Affordable Housing. Town agrees to actively explore cooperative or
partnership efforts with County to promote cost effective, energy efficient, environmentally
and architecturally appropriate, affordable housing projects on the portion of the Village
Parcel reserved for such purpose.
3. Future Maintenance Agreement. Simultaneously with the conveyance of the Future
Conservation Easement, Town and County agree to enter into a maintenance agreement to set
forth the Town's obligations with respect to the use and maintenance of the Village Parcel
the "Future Maintenance Agreement "). The Future Maintenance Agreement will provide
for inspections of trail conditions, fencing, if any, status and condition of signage and other
improvements, and a review of maintenance levels. The Town and County shall
cooperatively and mutually detennine what additional maintenance, if any, may be necessary
or desired, for the Village Parcel. The Town and County may update or revise the Future
Maintenance Agreement as may be mutually determined.
4. Costs. Town shall be responsible for and shall bear all costs and liabilities of any kind
related to the ownership, operation, upkeep, and maintenance of the Village Parcel, and any
improvements or trails thereon. All maintenance obligations of the Town under this
Cagle County —Town of Avon 2013 1 G Village Pa reel Conservation Casement
Page 2 of 4
Jan. 22, 2013 FINAL
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Agreement are subject to funds being budgeted and appropriated. Eagle County shall not be
responsible for any such costs or liabilities associated with the Village Parcel.
5. Term. This Agreement is effective from this day forward, until the earlier of (a) the date
which the Town grants a conservation easement on the Village Parcel in accordance with the
terms in this Agreement or (b) December 31, 2037.
Notices. All notices, requests, consents, approvals, written instructions, reports or other
communication by the Town and the County, under this Agreement, shall be in writing and
shall be deemed to have given or served, if delivered or if mailed by certified mail, postage
prepaid or hand delivered to the Parties as follows:
Town of Avon:
Town of Avon
One Lake Street
PO Box 975
Avon, CO 81620
Attn: Town Manager
County of Eagle:
Eagle County Attorney
P.O. Box 850
Eagle, CO 81631
Either Party may change the address to which notices, requests, consents, approvals,
written instructions, reports or other communications are to be given by a notice of change of
address given in the mamler set forth in this section.
7. Third Party Beneficiary. This Agreement does not and shall not be deemed to confer upon
or grant to any third party any right to claim damages or to bring any lawsuit, action or other
proceedings against either the Town or the County because of any breach hereof or because
of any terms, covenants, agreements or conditions contained herein.
8. Amendments. No modification or waiver of this Agreement or of any covenant, condition,
or provision herein contained shall be valid unless in writing and duly executed by the Party
to be charged therewith.
9. Entire Agreement. This written Agreement embodies the whole agreement between the
Parties hereto and there are no inducements, promises, terms, conditions, or obligations made
or entered into either by the County or the Town other than those contained herein.
10. Assignment. This Agreement shall be binding upon the respective Parties hereto, their
successors or assigns and may not be assigned by anyone without the prior written consent of
the other respective Party hereto. Such approval shall not be unreasonably withheld, but any
unapproved assignment is void.
Eagle County —Town of Avon 2013 IGA Village Parcel Conservation Easement
Page 3 of 4
Jan. 22, 2013 FINAL
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11. Severability. All agreements and covenants herein are severable, and in the event that any
of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be
interpreted as if such invalid agreement or covenant were not contained herein.
12. Authority. The Town has represented to the County and, likewise, the County has
represented to the Town, that each possesses the legal ability to enter into this Agreement. In
the event that a court of competent jurisdiction determines that either of the Parties hereto did
not possess the legal ability to enter into this Agreement, this Agreement shall be considered
null and void as of the date of such Court detem1ination.
13. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Colorado. The Parties agree that venue for any dispute regarding this
Agreement shall be proper in Eagle County, Colorado.
IN WITNESS WHEREOF, the Paiiies hereto have executed this Agreement the day and
year first above written.
ATTEST:
By: ------------Clerk to the Board of
County Commissioners
ATTEST:
COUNTY OF EAGLE, STA TE OF
COLORADO, by and through its
BOA F COUNTY MMISSIONERS
TOWN OF AVON
y: ____________ _ Rich Can-oll, Mayor
Eagle County-Town of Avon 2013 IGA Village Parcel Conservation Easement
Page 4 of 4
Jan. 22, 2013 FINAL
4
ATTACHMENT C
Excerpt from the Minutes of June 10th, 2024, Site Visit to the East Avon Preserve
Comments from Jeffery Schneider, P.E., Eagle River Water & Sanitation District
*ERWSD Clarification sent via email 7/10/2024 in response to receiving the above minutes/summary
Water Tank Summary Discussion Excerpt ERWSD – TC Site Visit June 10,2024
• The proposed/anticipated water tank is within the existing service area
• There is not enough pressure at the elevation of the existing tank to serve what is needed to the east
(of the existing tank)
• 60 PSI is the minimum required for the District
• The overflow of the existing tank is at 7874.2 ft (elevation)
• The additional tank will need to be higher (approximately 140’ higher) to achieve the
needed 60 PSI
• While the existing tank appears to be higher (when looking at East Avon Preserve), it is
lower
• This may not be the only tank needed (as development heads east), depending on final buildout of
the VAA, etc.
• A tank above (East Avon Preserve) most likely would serve not only Traer Creek, but this property
(East Avon Preserve) and future Planning Area I and the State Land Board property on the north side
of the river. There's a three-acre corner of Forest Service land that I think could be (also) added to that
development. The District is looking at everything possible on the side of the river in this area.
• The tank: 2,000,000 gallons. The new tank would need to serve domestic water flows, equalization
storage, and irrigation demands, and demands could require a similar tank.
• 10 million was the cost for the existing 2,000,000 gallon tank
• ERWSD CLARIFICATION* Estimates for a concrete WST could be $2-3M. the ERWSD would
engage contractors early in the process to get the most certain costs earlier rather than wait until
a bidding situation. Other costs include a pump station and pipelines that would need to be
installed
• Size will depend on storage needs; there are calculations (that will need to be run). Indoor water use
is about 195 gallons per currently. Then there's irrigation demands. On top of that, there's fire flow
storage, which is not domestic use, and there's also equalization storage and that's in our resonance
(?) in terms of like what these gradients are.
• ERWSD CLARIFICATION* Water use needs to be planned and calculated once actual land uses,
water consumption and density are determined. Appendix C of our rules and regulations line out
the distribution system design requirements. Pump stations and tanks are considered major
facilities, and the ERWSD would enter into an agreement with the Town to plan, design, and
construct these facilities using, say, monies in escrow put up by the Town
• We need to develop a map that shows the areas that need a water tank and the amount of relative
development that can happen so everyone can see what the properties need to be served and then
proportionally how much they would then need to contribute (to costs).
• (Regarding tank materials) Steel tanks will not be accepted due to only a 10-20 year life cycle and
costs to maintain them
• Effective concerns – tank size, cost, location
ATTACHMENT D - ZONING
1. Existing Zoning: Public Facilities:
Public Facilities [Section 7.20.080(e)]
(e) Public Facilities (PF). The PF district is intended to provide sites for public uses such as community
centers, police and fire stations, governmental facilities, government employee housing, and
Community Housing. The uses permitted in this district are identified by location in the Avon
Comprehensive Plan. Unless otherwise set forth in the Avon Comprehensive Plan, the following
dimensional requirements shall apply for the Public Facility (PF) zone district:
Table 7.20-11
Dimensions for the Public Facilities District
Max.
Density
(units/ac)
Min. Lot
Size (ac
or sq. ft.)
Min. Lot
Width
(feet)
Max. Lot
Coverage
(%)
Min. Front
Setback
(feet)
Min. Side
Setback
(feet)
Min. Rear
Setback
(feet)
Max.
Building
Height (ft)
Max. Units/
Lot
n/a n/a 40 60 20 20 20 40 n/a
2. The Community Housing zone district that was proposed previously to this re-review is as follows:
Community Housing Medium Density [Section 7.20.075(d)]
(d) Community Housing Medium Density. The CHMD district is established to accommodate small
single-family, duplex and townhome development as either single neighborhoods of similar units or
in a neighborhood with a mix of unit types. The CHMD district should be located along a local
road.
Table 7.20-6
Community Housing Medium Density
Dwelling
Type
Max.
Density
(units/ac)
Max.
Units Per
Building
Min.
Landscape
Area.)
Max. Lot
Coverage
(%)
Min. Front
Setback
(feet)
Min. Side
Setback
(feet)
Min. Rear
Setback
(feet)
Max.
Building
Height (ft)
Du / Multi-
family / TH
10 du/
acre
N/a 10% 80 10 7.5 10 35
3. What is being proposed currently with this revised application:
Community Housing High Density-1 [Section 7.20.075(e)]
(e) Community Housing High Density – 1. The CHHD-1 district is established to accommodate multi-
family development in cost effective configuration, construction type and density that permits a high
number of residential units with a maximum of four (4) stories of residential or three (3) stories of
residential above one (1) level of at grade parking.
ATTACHMENT D - ZONING
Table 7.20-7 Community Housing High Density - 1
Dwelling
Type
Max.
Density
(units/ac)
Max.
Units
Per
Building
Min.
Landscape
Area.)
Max. Lot
Coverage
(%)
Min. Front
Setback
(feet)
Min. Side
Setback
(feet)
Min. Rear
Setback
(feet)
Max.
Building
Height (ft)
Multi-
family / TH
25 du/
acre
N/a 10% 80 10 7.5 10 48
4. Uses Permitted in these zone districts:
7.24.040 Table of allowed uses.
P - Permitted Use S = Special Review Use
Use Category Use Type Residential Nonresidential Use-Specific
Regulations
CH M/H P PF
Residential Uses
Household Living Dwelling, Single-Family Detached P S
Dwelling, Two-Family/ Duplex P S
Dwelling, Townhouse P S
Dwelling, Multi-Family P S [1] Limited to 8
units per building in
RM
Community Housing P P P
Dwelling, live/ work P S
Accessory DU S S SF/DU Units Only
Dwelling, timeshare, interval ownership or
fractional fee ownership/ vacation club
7.24.050(d)
7.24.060(a)
Group Living Group homes S 7.24.060(b)
Retirement home, nursing home or assisted
living facility
S
Accommodation Bed and breakfast
Hotel, motel and lodge
Public and
Institutional Uses
Community Services Art gallery or museum P
Community centers S P P
Library P 7.24.050(a)
Government services, offices and facilities S P P 7.24.050(a)
Post office branches S P
Religious assembly S
Day Care Preschool, nursery school P S 7.24.060(c)
Childcare, in home S S 7.24.060(c)
Childcare center P 7.24.060(c)
Educational Facilities College or university (nonexempt) P 7.24.050(a)
School, K-12 (public and private) S P 7.24.050(a)
School, vocational- technical and trade P 7.24.050(a)
Parks and Open Arboretum or botanical garden P 7.24.050(b)
ATTACHMENT E – ZONING
Use Category Use Type Residential Nonresidential Use-Specific
Regulations
CH M/H P PF
Space Community garden P P
Community playfields and parks P P
Golf course P
Parks and forest preserves (private, not-for-
profit
P
Transportation Bus terminal P 7.24.060(d)
Rail terminal (passenger) P
Commercial parking facilities (surface &
structure)
P
Utility Major energy facilities
Public utility substations where no public
office, repair or storage facilities are
maintained
Ground mounted solar devices P
Small wind energy system P S S
Wireless communication tower and/or
antenna
S S S
Commercial Uses
Animal sales and
services
Kennel 7.24.060(e)(3)
Pet shops
Veterinary clinic, small (indoor only)
Veterinary clinic, large (with outdoor runs)
Auction House
Assembly Auction yard
Membership clubs
Financial Service Financial institution, with drive- thru 7.24.060(f)
Financial institution, without drive-thru
Food and Beverage
Services
Bakeries
Bars or taverns 7.24.060(h)(2)
Coffee shops
Restaurant, with drive-in or drive-thru 7.24.060(g)
Restaurant without drive-in or drive-thru
Health Care Facilities Medical center/ hospital P
Urgent care facility
Medical and dental clinics and offices S
Office Administrative and professional offices
Office with showroom and/or warehouse
facilities
Recreation and
Entertainment,
Outdoor
Outdoor commercial recreation
Riding academies S
Recreation and
Entertainment, Indoor
Indoor commercial recreation/ entertainment
Sexually- oriented business
Theater/ performance hall
Personal Services Barber shops, beauty salons, day spas
Dry cleaning and laundry service
General personal services
Tattoo parlors, body piercing
Retail (Sales) Antique shops
ATTACHMENT E – ZONING
Use Category Use Type Residential Nonresidential Use-Specific
Regulations
CH M/H P PF
Appliance stores
Art shops
Book and stationery stores
Clothing stores
Convenience store, with fuel
Drug stores
Electrical supply stores P
Florists
Furniture shops
Gift shops
Grocery stores
Home improvement store, under 25,000 sq. ft.
Home improvement store, over 25,000 sq. ft.
Jewelry, craft and hobby shops
Medical marijuana, marijuana establishment
and marijuana club
Music, radio and television stores
Nursery, landscaping supply P
Office supply store
Liquor stores
Paint stores
Photographic studios
Retail sign shops
Retail sales with drive-thru
Shoe stores
Sporting and athletic goods stores
Toy stores
Wholesale Business Wholesale business
Vehicles and
equipment
Automobile repair shop, minor 7.24.060(h)
Automobile repair shop, major
Automobile sales and rental
Car wash 7.24.060(h)
Parking lot (commercial)
Industrial Service
Industrial Service
Research facilities (commercial)
Builders supply yards
Construction industry related businesses
Heavy industrial uses S
Junkyards
Light industrial uses
Lumberyards except when indoors as part of
a hardware store
Mining and mineral extraction S S
Manufacturing and
Production
Machine and welding shops
Manufacturing, heavy
Manufacturing, light
Warehouse and
Freight Movement
Mini-storage
Storage warehouses
Waste and Salvage Recycling center (indoor)
Recycling facilities, drop-off P P
970-748-4088 predmond@avon.org
TO: Honorable Mayor Amy Phillips and Council members
FROM: Paul Redmond, Chief Finance Officer and Eric Heil, Town Manager
RE: Ordinance 24-12 Referring a Use Tax On Construction
Materials Ballot Question to the Avon Electorate
DATE: August 2, 2024
SUMMARY: This report presents Council Ordinance No. 24-12 Referring a Use Tax on Construction
Materials Ballot Question to the Avon voters. This Ordinance is presented for Council consideration in
follow-up to Council direction to prepare a ballot question for Council consideration at the August 13, 2024
Council meeting.
BACKGROUND: The Use Tax question presented in November 2023 failed to receive voter
support. There was virtually no outreach conducted in 2023, the voter turn-out was low, and the ballot
question did not propose a specific use for the Use Tax. At the March Council meeting, the Council
directed Staff to retain a voter polling consultant. A voter polling consultant was selected and conducted
voter polling in Avon during the end of June. Staff selected Magellan Strategies to perform the voter opinion
research. The survey approach was an online bilingual 22 -question survey which could be answered by
MMS Text to a respondent’s cell phone number or via the survey link available on our avon.org website.
The survey was live from June 17th to July 2nd and was completed by a total of 259 registered voters in
Avon.
The survey responses show support for the Use Tax. The Use Tax survey results came back statistically
tied on the uniformed ballot, however, after learning more about the details of the ballot question, support
increased by 17 points to 57% in support of the Use Tax on Construction Materials. Several of the people
surveyed agreed with the critical shortage of affordable housing and believed the use tax will generate the
necessary funds for community and workforce housing.
There is a consensus that the $50,000 exemption on the total project costs is too low and would negatively
impact smaller projects and working-class homeowners. Many suggested a higher threshold to avoid
penalizing those undertaking necessary home improvements.
Respondents mentioned that additional taxes will increase the financial strain on families and small
businesses. Many of the responses showed the Use Tax on Construction Materials is a new tax which will
increase the cost of housing and construction materials. It is important we continue to educate the voters
as the Use Tax on Construction Materials is not creating a new tax but serves in lieu of the current sales
tax. The Town of Avon is losing revenue on the construction of larger homes and hotels buil t in Avon.
Several contractors deliver their materials from outside the Town of Avon allowing another municipality to
collect the tax.
FINANCIAL CONSIDERATIONS: At the July 23, 2024 Council Meeting, Council requested for Staff to
review the home remodels in Avon over the last 3 years to determine the appropriate amount for the
exemption amount on the Use Tax on Construction Materials. Of the 366 building permits issued over the
last three years over 67% of the permits were issued for less than $50,000 with a weighted average for all
permits of $107,100. The below chart shows the different building permits and the highest and lowest for
each permit reviewed:
Page 2 of 4
It is the recommendation of Staff to increase the exemption on the Use Tax on Construction Materials from
$50,000 to $100,000. Since 2021, the Town could have collected an approximate average of $21,987 per
year for projects valued at $50,000 and less and $22,087 on projects valued between $50,000 and
$100,000 with a Use Tax in place. Below is a comparison of the Building Permits issued since 2021 for
projects valued between $500 and $200,000:
Permit Type Total Number of Highest Lowest Average
Accessory Structure 4 100,000$ 2,383$ 32,095$
Additional/Remodel 134 5,000,000$ 1,500$ 217,189$
Fireplaces 56 211,709$ 3,020$ 15,954$
Mechanical/Gas 57 385,000$ 500$ 32,262$
Plumbing 26 110,000$ 500$ 27,170$
Roof 67 698,407$ 3,000$ 88,113$
Windows 22 146,000$ 2,079$ 27,499$
Building Valuation
Total Number
of Permits
Average
Valuation
Average
Potential Use
Tax Collected
Per Project
Total to Collect
with Potential
Use Tax Over
3.5 years
Average Per
Year Collected
With Potential
Use Tax
$50,000 and Less 252 15,269.00 305.38 76,955.76 21,987.36
$100,000 and Less 56 69,023.00 1,380.46 77,305.76 22,087.36
$150,000 and Less 17 125,062.00 2,501.24 42,521.08 12,148.88
$200,000 and Less 14 176,110.00 3,522.20 49,310.80 14,088.80
Page 3 of 4
COMPARISON TO OTHER SKI RESORT COMMUNITIES: Council requested comparison information of
the municipalities who currently have a Use Tax on Construction Materials . The following table is presented
which indicates that Avon is one of the few municipalities who do not have a Use Tax on Construction
Materials.
MANAGER’S RECOMMENDATION:
Town Sales Tax (city) Use Tax
Crested Butte 4.00% 4.50%1/4.00%2
Steamboat Springs 4.50% 4.50%12
Rifle 4.25% 4.25%12
Eagle 4.00% 4.00%1
Fraser 4.00% 4.00%12
Grand Lake 4.00% 4.00%12
Grandby 4.00% 4.00%12
Minturn 4.00% 4.00%1
Vail 4.00% 4.00%1
Parachute 3.75% 3.75%1
Glenwood Springs 3.70% 3.70%12
Carbondale 3.50% 3.50%12
Grand Junction 2.75% 3.25%12
Fruita 3.00% 3.00%12
Gypsum 4.00% 3.00%1
Mount Crested Butte 5.00% 3.00%1
Red Cliff 3.00% 3.00%1
Silt 3.00% 3.00%12
Alma 3.00% 2.00%2
De Beque 2.00% 2.00%1
Hayden 4.00% 2.00%1
New Castle 3.50% 2.00%1
Yampa 2.00% 2.00%12
Aspen 2.40% 0.00%
Avon 4.00% 0.00%
Blue River 2.50% 0.00%
1 Construction Materials
2 Motor Vehicles / Trailers
Breckenridge 2.50% 0.00%
Buena Vista 2.50% 0.00%
Collbran 2.00% 0.00%
Como 1.00% 0.00%
Dillon 2.50% 0.00%
Fairplay 4.00% 0.00%
Frisco 2.00% 0.00%
Gunnison 1.00% 0.00%
Hartsel 1.00% 0.00%
Hot Sulphur Springs 4.00% 0.00%
Keystone 0.75% 0.00%
Kremmling 4.00% 0.00%
Marble 2.00% 0.00%
Montezuma 2.00% 0.00%
Oak Creek 3.00% 0.00%
Palisade 2.00% 0.00%
Pitkin 3.00% 0.00%
Poncha Springs 2.00% 0.00%
Salida 3.00% 0.00%
Silverthorne 2.00% 0.00%
Snowmass Village 3.50% 0.00%
Winter Park 5.00% 0.00%
Page 4 of 4
PROPOSED BALLOT QUESTION: The current state of the community housing market is at crisis level.
The workers that the Town of Avon, its residents and its visitors depend on for necessary services and
infrastructure are no longer able to afford housing within the Town in which they work and seek to live.
Below is the question set forth in Ordinance 24-12:
USE TAX ON CONSTRUCTION
SHALL THE TOWN OF AVON’S TAXES BE INCREASED BY TWO MILLION DOLLARS
($2,000,000) IN THE FIRST YEAR 2025, AND BY WHATEVER ADDITIONAL AMOUNTS
ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT
(4%) USE TAX FOR THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY
CONSTRUCTION MATERIALS; AND SHALL SUCH USE TAX REVENUES BE
APPROPRIATED FOR COMMUNITY HOUSING; AND SHALL CONSTRUCTION
PROJECTS EQUAL TO OR LESS THAN $110,000 IN A CALENDAR YEAR BE EXEMPT
FROM PAYING THE USE TAX; ALL IN ACCORDANCE WITH, AND FURTHER DEFINED
BY, TOWN OF AVON ORDINANCE NO. 24-12; AND SHALL THE REVENUES
COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF
SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE
CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WHOULD OTHERWISE APPLY
UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER
LAW.
PROPOSED MOTION TO REFER BALLOT QUESTION: “I move to approve Ordinance 24-12, referring a
Use Tax on Construction Materials question to the voters of the Town of Avon.”
Thank you, Paul and Eric
ATTACHMENT A: Ordinance 24-12
Ord 24-12 Use Tax on Construction Materials
August 13, 2024 – FIRST READING
Page 1 of 2
ORDINANCE NO. 24-12
REFERRING A BALLOT QUESTION REGARDING USE TAX ON
CONSTRUCTION MATERIALS TO THE NOVEMBER 5, 2024
ELECTION AND AMENDING THE AVON MUNICIPAL CODE TO
ESTABLISH CHAPTER 3.09 USE TAX ON CONSTRUCTION
MATERIALS
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, Council finds that the referral of a 4% Use Tax on Construction Materials to the
Avon electorate is appropriate and beneficial for the Avon community in order to reduce the
administrative burden of Town and builders, to adopt a use tax that matches the Town’s sales
tax, to increase the collection of revenues related to new construction for general government
purposes and to increase revenues in the Village (at Avon) for the purpose of accelerating the
satisfaction of the Town’s tax credit obligations; and
WHEREAS, the Council finds that adoption of a use tax will 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 requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence 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, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
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. Chapter 3.09 Enacted. A new Chapter 3.09 - Use Tax on Construction Materials
in the Avon Municipal Code, set forth in EXHIBIT A: Chapter 3.09 attached hereto, is hereby
enacted subject to voter approval as described in Section 3 of this Ordinance.
Section 3. Election and Effective Date. Under Article X, Section 20 of the Colorado
Constitution, the Council refers the tax increase provided in this ordinance to the qualified
electors of the Town for approval at the regular Town election scheduled for November 5, 2024.
Ord 24-12 Use Tax on Construction Materials
August 13, 2024 – FIRST READING
Page 2 of 2
If approved by a majority of the electors voting thereon, this ordinance shall become effective
when the Town Clerk or other designated election official duly files the required certificate of
election, or on January 1, 2025, whichever occurs last.
Section 4. Ballot Title and Questions. The ballot title and question submitted to the
electors shall be as follows:
Ballot Title: USE TAX ON NEW CONSTRUCTION TO FUND COMMUNITY
HOUSING
Ballot Question: SHALL THE TOWN OF AVON’S TAXES BE INCREASED BY TWO MILLION
DOLLARS ($2,000,000) IN THE FIRST YEAR 2025, AND BY WHATEVER ADDITIONAL
AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR
PERCENT (4%) USE TAX FOR THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN
ANY CONSTRUCTION MATERIALS; AND SHALL SUCH USE TAX REVENUES BE
APPROPRIATED FOR COMMUNITY HOUSING; AND SHALL CONSTRUCTION PROJECTS
EQUAL TO OR LESS THAN $100,000 IN A CALENDAR YEAR BE EXEMPT FROM PAYING THE
USE TAX; ALL IN ACCORDANCE WITH, AND FURTHER DEFINED BY, TOWN OF AVON
ORDINANCE NO. 24-12; AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND
ANY EARNINGS FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND
SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS
WHICH WHOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on August 13, 2024, and setting such public hearing for
August 27, 2024 at the Council Chambers of the Avon Municipal Building, located at 100
Mikaela Way, Avon, Colorado.
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on August 27,
2024, after conducting a public hearing.
BY: ATTEST:
_____________________________ ___________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
_____________________________
Nina Williams, Town Attorney
1
EXHIBIT A: Chapter 3.09 – Use Tax on Construction Materials
CHAPTER 3.09 – Use Tax on Construction Materials
3.09.010 – Title, Purpose, and Applicability.
(a) This Chapter shall be known and may be cited as “The Town of Avon Use Tax on
Construction and Building Materials.”
(b) The purpose of this Chapter is to raise revenue for the Community Housing Fund. The
Town Council find that every person who uses or consumes in the Town any
construction and building materials is exercising a taxable privilege.
(c) Subject only to the exemptions set out at Section 3.09.040, the use tax imposed herein
shall apply to any use or consumption in the Town of construction and building
materials purchased at retail on or after January 1, 2025.
3.09.020 – Definitions
When not otherwise clearly indicated by the context, the following words and phrases, as
used in this chapter, shall have the following meanings:
Building permit means a permit, issued by the Town, allowing the permit holder to
construct, enlarge, repair, move, demolish, or change the occupancy of a building or structure, or
to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical,
or plumbing system regulated by the adopted building codes of the Town. A building permit shall
not include any permit for demolition or dewatering.
Charitable organization means any entity which has been certified as a nonprofit
organization under Section 501(c)(3) of the Internal Revenue Code.
Construction equipment means any equipment, including mobile machinery and mobile
equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make
improvements to any real property, building, structure, or infrastructure, whether leased or owned.
Construction Materials means tangible personal property which, when combined with
other tangible personal property, loses its identity to become an integral and inseparable part of a
structure or project including public and private improvements. Construction Materials include,
but are not limited to, such things as: asphalt, bricks, builders' hardware, caulking material, cement,
concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling
equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar,
oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh,
road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile,
trees, shrubs and other landscaping materials, wall board, wall coping, wallpaper, weather
stripping, wire netting and screen, water mains and meters, and wood preserver. The above
materials, when used for forms, or other items which do not remain as an integral and inseparable
part of completed structure or project are not construction materials.
2
Construction valuation means the total value of the work, including labor and construction
and building materials, for which a permit is issued, including leased construction equipment,
electrical, gas, mechanical, plumbing equipment and permanent systems, as determined by the
building department or building official.
Consumption means the act or process of consuming, and includes waste, destruction, or
use. Consumption is the normal use of property for the purpose for which it was intended.
Contractor means any person who shall build, construct, reconstruct, alter, expand, modify,
or improve any building, dwelling, structure, infrastructure, or other improvement to real property
for another party pursuant to an agreement. For purposes of this definition, Contractor also
includes subcontractor.
Director means the Chief Finance Officer for the Town or such person’s designee.
Person means any individual, firm, partnership, joint venture, corporation, limited liability
company, estate or trust, receiver, trustee, assignee, lessee, or any person acting in a fiduciary or
representative capacity, whether appointed by court or otherwise, or any group or combination
acting as a unit.
Purchase or sale means the acquisition for any consideration by any person of tangible
personal property by way of purchase, lease, or rental, including capital leases, installment and
credit sales, and lease-purchase, rental or grant of a license to use, which consideration may include
money, exchange of property or services, or any other thing of value.
Purchase price means the aggregate value in money of anything or things paid or delivered
or promised to be paid or delivered by a purchaser to a retailer or any person in the consummation
of a retail sale as defined herein, without any deduction therefrom for the cost of the property sold,
cost of materials used, labor or service cost, or any other expense whatsoever, and provided that
when articles of tangible personal property are sold after manufacture or after having been made
to order, the gross value of all materials, labor, service, and profit thereon shall be included in the
purchase price; provided that the purchase price shall not include any direct tax imposed by the
United States government, the state, or this chapter.
Retail Sale or Purchased at Retail means any purchase or sale of tangible personal
property, except a wholesale sale or purchase made for taxable resale.
Taxpayer means any person obligated to collect and/or pay tax under this Code.
Town means the Town of Avon.
Use means the exercise, for any length of time, by any person with the Town of any right,
power or dominion over tangible personal property or services when rented, leased, or purchased
at retail from sources within or with the Town; or tangible personal property used in the
3
performance of a contract in the Town, whether or not owned by the taxpayer. Use also includes
withdrawal of items from inventory for consumption.
Wholesale sales mean a sale to a licensed retailer, jobber, dealer, or other wholesaler for
resale. Sales by wholesalers to consumers, including persons who use or consume construction
and building materials, as defined by this Section, are not wholesale sales. Sales by wholesalers to
non-licensed retailers are not wholesale sales.
Wholesaler means any person selling to retailers, jobbers, dealers, or other wholesalers, for
the purpose of resale and not for storage, use, consumption, or distribution.
3.09.030 – Use tax imposed.
(a) There is hereby imposed and levied in the Town, and shall be collected and paid, a use
tax on the privilege of using or consuming within the Town construction and building
materials of every kind and form purchased or leased inside or outside the Town.
(b) The use tax imposed by this Chapter shall be at the rate of four percent (4%) of the
cost of construction and building materials used or consumed in the Town, including
leased equipment. For purposes of this Chapter, the cost of construction and building
materials is deemed to be fifty percent (50%) of the construction valuation.
(c) Any construction and building material used or consumed on a project which has
received all final development review approvals required by Title 7 of the Avon
Municipal Code on or before December 31, 2024, shall not be subject to the use tax
imposed herein. If any approval expires by its terms after December 31, 2024, such
application for development review shall then be subject to the use tax imposed by
this Chapter.
3.09.040 – Exemptions.
The following are exempt from the use tax imposed by this chapter, provided that the list
of exemptions cannot be increased by implication or similarity and the burden of proof is upon the
taxpayer to establish an exemption:
(a) The use or consumption of construction and building materials the sale of which is
subject to a retail sales tax imposed by the Town;
(b) The use or consumption of construction and building materials purchased for resale
in the Town, either in their original form or as an ingredient of a manufactured or
compounded product, in the regular course of business;
(c) The use or consumption of construction and building materials by the United States
government; by the State, its departments or institutions or political subdivisions
thereof in their governmental capacities only; or by the Town; providing, however,
that no commercial, industrial or other banking institution, organized or chartered by
4
the United States government, any agency or department thereof, or by the State, shall
be considered a governmental institution for the purpose of this exemption;
(d) The use or consumption of construction and building materials by charitable
organizations in the conduct of their regular charitable functions; except that nothing
herein contained shall be deemed to exempt use of construction and building material
or supplies used by a contractor for the construction of an improvement for a
charitable organization;
(e) The use or consumption of construction and building materials by a person engaged
in the business of manufacturing or compounding for sale, profit, or use of any article,
substance, or commodity, which construction and building materials enters into the
processing of or becomes an ingredient or component part of the product or service
which is manufactured, compounded, or furnished, and the container, label, or the
furnished shipping case thereof;
(f) The use or consumption of construction and building materials if a written contract
for the purchase thereof was entered into prior to January 1, 2025;
(g) The use or consumption of construction and building materials required or made
necessary in the performance of any construction contract bid, let, or entered into at
any time prior to January 1, 2025;
(h) The storage of construction and building materials;
(i) A building project, subject to a Town of Avon Building Permit, with a total
construction valuation of one hundred thousand dollars ($100,000.00) or less;
(j) The use or consumption of construction and building materials in the Town on which
the use tax imposed by this Chapter has already been paid; and
(k) Any transaction which the Town is prohibited from taxing under applicable law.
3.09.050 – Credit for taxes paid to another taxing authority.
(a) The Town’s use tax shall not apply to the use or consumption of any construction and
building materials the sale or use of which has already been subjected to a legally
imposed sales or use tax of another statutory or home rule town, city, or city and
county equal to or in excess of the use tax imposed herein.
(b) A credit shall be granted against the Town’s use tax in an amount equal to lawful tax
previously paid by the purchaser or user to another taxing authority, provided that the
amount of credit shall not exceed the amount of use tax imposed by this Chapter.
(c) The burden of proof is upon the taxpayer to establish the right to any credit claimed.
5
(d) It is the intent of this Chapter for Town taxes to be paid at the time a building permit
is issued. Once such permit is issued, persons engaged in construction projects in the
Town are considered to be the end users of construction and building materials and
must not pay municipal sales tax to a retailer in another jurisdiction for materials to be
used or consumed in the Town. No refund or credit of another municipality’s tax will
be allowed unless such tax is legally imposed.
3.09.055 – Tax credit for the Village (at Avon).
Notwithstanding any other provisions of this Chapter, there shall be granted to each person
owing tax on use or consumption of building materials within The Village (at Avon) a temporary
tax credit equal to the amount of any Building Materials Use Fee paid by or on behalf of such
person for that same use or consumption. The amount of the credit shall not exceed the amount of
use tax owed. This credit shall expire with the termination of the Building Materials Use Fee as
set out in the Consolidated, Amended and Restated Annexation and Development Agreement for
The Village (at Avon), as recorded with Eagle County on August 1, 2014. Neither the ability of
the Town to grant the temporary tax credit nor termination of the tax credit shall constitute a tax
increase, the imposition of a new tax, or a tax policy change.
3.09.056 - Tax credit for Community Housing.
Notwithstanding any other provision of this Chapter, there may be granted a tax credit to
each person owing tax on the use or consumption of construction and building materials and
fixtures used in a Community Housing project provided that such use tax credit is approved by
Council by resolution in accordance with Chapter 3.14. Neither the ability of the Town to grant
this tax credit nor the repeal or termination of this tax credit shall constitute a tax rate increase, the
imposition of a new tax or a tax policy change.
3.09.057 - Temporary tax credit for renewable energy production components.
Notwithstanding any other provision of this Chapter, there shall be granted a temporary
tax credit to each person owing tax on the use or consumption of components used in the
production of electricity, generation of heat or cooling of air, from a renewable energy source,
including but not limited to wind, solar, solar thermal systems, and geothermal energy systems,
provided that this temporary tax credit shall commence on the effective date of this ordinance and
shall continue until December 31, 2024, whereupon this temporary tax credit shall automatically
expire unless extended by adoption of an ordinance. Neither the ability of the Town to grant the
temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition
of a new tax or a tax policy change.
3.09.060 – Collection and administration.
(a) The administration of this chapter is hereby vested in the Director, who shall prescribe
forms and promulgate rules and regulations for the proper administration and
enforcement of this chapter. The Director may delegate to any person the power and
authority necessary for the proper administration and enforcement of this chapter.
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(b) The use tax required by this Chapter shall initially be made by estimate, which
estimated amount must be paid at or prior to the time any permit for building or
construction within the Town is issued. No permit shall be issued by the Town
Building Official, or any other town employee, to any person requesting a permit for
construction within the Town until such estimated use tax has been paid. The tax
estimate shall be made by the Director, working with the Community Development
Department to determine the Construction Valuation.
(c) All use taxes due to the Town must be paid in full before a final building inspection
may take place and a permanent or temporary certificate of occupancy issued. The
Director may determine the amount of use taxes due to the Town before final
inspections occur or certificates of occupancy issue. To assist in this determination,
the Director may request information from the taxpayer, who shall timely provide it,
which information may include proof of actual amounts paid for construction and
building materials used or consumed in the building project.
(d) A person engaged in a construction project in the Town who does not apply for and
have issued a permit or who seeks and obtains prior approval of the Director to remit
use taxes in accordance with this Subsection (d) shall, on or before the twentieth day
of each succeeding month following the start of construction, file a return with the
Director attaching all statements and invoices establishing the price paid for building
and construction materials used in the local project, along with a summary sheet for
materials purchased the previous month, and shall thereupon pay to the Town the full
amount of use tax due for the preceding month or months. Any failure to make such
return and payment of such use tax shall be deemed a violation of this Chapter, which
may, upon conviction, subject the violator to penalties provided.
3.09.070 – Penalty and Interest.
(a) If any person fails, neglects, or refuses to pay the use tax as required by this chapter,
or if any taxpayer fails to remit the proper amount of tax or underpays the tax, then
penalties and interest shall be imposed in accordance with this section.
(b) If a person neglects or refuses to pay any use tax as required by this Chapter within
ten (10) days after the same is due, the Director shall make an estimate, based upon
such information as may be available, of the amount of use tax due for the period for
which the taxpayer is delinquent and shall add thereto a penalty equal to the greater of
fifteen dollars ($15.00) or ten percent (10%) of the amount due and interest at the rate
of one-and-a-half percent (1.5%) per month from the time delinquent payment was
due.
(c) If any part of the deficiency is due to fraud with the intent to evade the tax, there shall
be added a penalty of one hundred percent (100%) of the total amount of the
deficiency, and in such case the whole amount of the tax unpaid, including the
additions, shall become due and payable ten (10) days after written notice and demand
7
by the Director, and an additional three percent (3%) per month on said amount shall
be added from the date payment was due, until paid.
(d) The Director may, for good cause shown, waive any penalty or interest.
3.09.080 – Remedies not exclusive.
In addition to enforcement remedies expressly provided in this chapter, the Town may pursue any
other remedies available at law or in equity.
3.09.090 – Lien.
The tax imposed by this Chapter, together with accrued interest and penalties, shall be a first and
prior lien on any real property into which the construction and building materials were
incorporated.
3.09.100 – Limitation of Action.
Use tax, interest, and penalties shall be assessed, and any action to collect the same shall be
commenced, within three (3) years of the issuance of a final certificate of occupancy for the
improvement on which the use tax was paid. This period of limitation shall not run for any period
of time covered by an audit if written notice of that audit is given to the taxpayer prior to expiration
of the limitation period.
3.09.110 – Refunds.
(a) Upon completion of construction, the taxpayer may apply to the Director for a refund
of overpaid taxes. Such application shall be supported by documentation required by
the Director or as needed to establish actual amounts paid for construction and
building materials used or consumed as part of a building project.
(b) A taxpayer claiming an exemption may pay the use tax under protest. Applications for
refund of such protested tax must be made within sixty (60) days of issuance of the
building permit for which the use tax was paid under protest.
(c) A taxpayer claiming refund for use tax paid by mistake or in error must make that
claim within three (3) years of the final inspection or issuance of a permanent
certificate of occupancy, whichever comes later, for the improvement on which the
use tax was paid.
(d) All claims for refund shall be upon forms prescribed by the Director and made in such
manner as required by the Director. The Director shall promptly review refund claims
and issue a denial in writing, state the reason therefor, or provide the funds requested,
after applying any refund amount against outstanding tax liabilities.
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(e) If a taxpayer disputes a refund denial, the taxpayer shall provide the Director with a
written protest, filed within 30 days of the Director’s notice. The protest shall identify
specific grounds for dispute, including any necessary documentation, and shall request
a hearing before the Director. This protest process, and that of any related appeal, shall
be in accordance with Section 29-2-106.1, Colorado Revised Statutes.
(e) The right to refund shall not be assignable.
3.09.120 – Audit.
(a) The Town may audit, or the taxpayer request an audit, within three (3) years from the
issuance of any certificate of occupancy for the improvement on which the use tax
was paid. An audit requested by the taxpayer shall be at the taxpayer’s sole cost.
(b) If the recomputed use tax is less than the amount of use tax paid by the taxpayer, the
difference shall be refunded to the taxpayer within thirty (30) days of the final
determination of the Town. If the recomputed use tax is more than the amount of use
tax paid by the taxpayer, the difference, along with any interest and penalty imposed
by this chapter, shall be due and payable by the taxpayer immediately upon the final
determination of the Town with notice to the taxpayer.
3.09.130 – Book, Records, Reports, and Returns.
(a) Every person liable for any use tax imposed by this chapter shall keep and preserve,
for a period of three (3) years from the date of issuance of a final certificate of
occupancy for the improvement on which the use tax was paid, all books, records,
reports and returns necessary to determine the amount of tax liability. All such books,
records, reports, and returns shall be open for examination at any time by the Director.
(b) Any information gained by taxpayer disclosure or as part of an audit or investigation
shall be entitled to the same level of confidentiality afford to sales tax information, as
set out in Chapter 3.08 of the Avon Municipal Code.
(c) For the purpose of determining the amount of tax due from any taxpayer, the Director
may hold investigations and hearings concerning any matters covered by this Chapter,
and may examine any relevant books, papers, records, or memoranda of any such
person, requiring the attendance of such taxpayer, or any officer or employee of such
taxpayer, or of any person having relevant knowledge, and taking such testimony and
proof as may be necessary to properly ascertain any tax liability. The Director shall
have power to administer oaths to any person in the course of such investigations or
hearings. Production of documents and attendance of witnesses shall be requested by
the Director on his or her own motion or on motion of any party; any request for
production or attendance shall inform persons that compliance is voluntary but that, if
the request is not complied with, the Director may apply to the Municipal Judge for
issuance of a subpoena.
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(d) The Municipal Judge, upon application of the Director, may compel the attendance of
witnesses, the production of books, papers, records or memoranda, and the giving of
testimony before the Director or any of his or her duly authorized agents, by the
issuance and enforcement of subpoenas, in the same manner as production of evidence
may be compelled before the court.
3.09.140 – Violation and Penalty
(a) It is a violation of this Chapter for any person subject to the use tax levied by this
chapter to submit any false or fraudulent use tax information to the town, to make any
false statement on any document used to calculate taxes due under this chapter, to fail
or refuse to make payment of any taxes due, to evade the payment of any taxes due,
or to aid or abet another in any attempt to evade the payment of any taxes due under
this chapter.
(b) In addition to any other penalty provided in this Chapter, any person who violates any
provision of this Chapter shall be punished in accordance with Section 1.08 of the
Avon Municipal Code.
To: Hon. Mayor and Members of Town Council
CC: Eric Heil, Town Manager
Patty McKenny, Deputy Town Manager
Nina Williams, Town Attorney
From: Ken Fellman, Special Counsel
Date: August 8, 2024
Subject: Public Service Company of Colorado, dba Xcel Energy gas franchise
Background
At your meeting on August 13th, you will consider the ordinance approving a new Xcel
Energy gas franchise on first reading. Companies that provide utility service through facilities
located in the Town’s rights of way are required to obtain a franchise agreement from the Town.
Regulatory authority over a utility like Xcel is shared with the State. Many of Xcel’s business
activities are regulated by the Public Utilities Commission. The Town’s regulatory authority is
generally limited to Xcel’s access to and use of the public rights of way, public utility easements and
any other Town property where utility facilities are located.
The Town first granted a 20-year franchise to Xcel in 1983. After a 1-year extension, a new
20-year franchise was adopted in 2004. It is not uncommon for gas or electric franchises to have
terms of 20 years. This is the term proposed in the new agreement.
Key Provisions in New Franchise and How they Compare to Current Franchise
What follows is a brief description of the most significant differences in the proposed
Franchise compared to the current franchise. It is not all inclusive and we can discuss any issues of
concern to you at the Council meeting.
1.Definitions. There are additional terms defined in the new Franchise that were not included
in the current franchise. This includes terms like “Industry Standards,” “Open Space,” “Other Town
Property,” “Parks,” “Public Project,” and “Relocate.” The context in which these terms are used is addressed
below.
2.Grant of Franchise, Section 2.1. In the current franchise, Xcel had the right to locate in
Town Streets, and the term “Streets” was defined to include what we traditionally consider streets, public
utility easements and any other public property where it was convenient for Xcel to local their infrastructure.
That would include parks and open space and similar properties that in reality are not “streets” and where the
Town might not want these facilities located. The new franchise defines these other terms and makes clear
that Xcel does not have the right to locate facilities in “Parks,” “Open Space” and “Other Town Property”
without first coming to the Town seeking permission to use these other properties, and then only after the
1314 Main Street, Suite 101, Louisville, CO 80027
(303) 376-8510
wwfdlaw.com
2
Town reached agreement on the terms of such use. The Town has sole discretion to say ‘no’ to the use of
these other properties. The result is the franchise grant is truly limited to rights of way and public utility
easements.
3. Town Police Powers, Article 3. The current franchise has limited language requiring
compliance with the Town’s police powers. These provisions are now set forth in Article 3 of the new
Franchise. In the franchise Xcel originally submitted to the Town, it proposed that it would only be obligated
to comply with the Town Code and related regulations if those Town requirements were consistent with
“Industry Standards.” This would have, in effect, given away your legislative authority and substituted
whatever Xcel tells us are standards common in its industry. We objected to that relinquishment of local
authority and had the language modified (in a manner that Xcel has agreed to in other jurisdictions that have
demanded it) so that the Town will make good faith efforts to have its regulations be consistent with what
Xcel provides to us indicating “Industry Standards,” but that ultimately, it is within the Town’s sole authority
to deviate from those standards if you believe it is appropriate.
4. Franchise Fees, Section 4. The new Franchise has more robust language regarding franchise
fees and the Town’s authority. If the franchise fee is ever voided by a court or otherwise, the new Franchise
provides Xcel still has the obligation to pay a comparable amount to the Town as partial consideration for the
use of the rights of way. It provides that the Town does not pay a franchise fee on the services it receives
from Xcel. It provides that if a Town audit of franchise fees shows an underpayment of 2% or more, in
addition to paying the correct amount owed, Xcel will be responsible to pay all costs of the Town audit. None
of these provisions are in the current agreement.
5. Coordination of Work, Section 5.3. There is significant new language that did not exist in
the current agreement, requiring Xcel to coordinate its work with the Town.
6. Supply, Construction and Design, Article 6. This Article has more robust language requiring
how outages are dealt with, obligations of Xcel’s contractors, requirements that Xcel provide as-built drawings
of its facilities, and restoration of property impacted by Xcel’s work in Town property. One of the most
beneficial changes is that the new Franchise has more detailed requirements of Xcel’s relocation obligations.
Relocations of Xcel facilities necessitated by public projects must now be completed at Xcel’s expense within
120 days (Section 6.6). There is no deadline for relocation in the current franchise.
7. Reliability, Article 7. The new Franchise language requiring Xcel to provide reliable service
and to maintain its facilities consistent with industry standards is not included in the current franchise.
8. Xcel’s Performance Obligations, Article 8. The obligations of these provisions do not appear
in the current franchise. In the new Franchise, Xcel must perform its required obligations within a fixed time
period. This section also provides detail on the kind of supporting documentation Xcel needs from the Town
in order to do its work, and this additional detail will avoid uncertainty in determining when the period of
time in which Xcel needs to act began to run.
9. Breach, Section 14.2. The new Franchise provides more detailed provisions on how claims
of a breach of Franchise provisions are to be addressed by the parties. Unlike the current franchise, which is
silent on this issue, it allows the Town to seek specific performance in court to force Xcel to comply or
alternatively to recover actual damages from any breach. The current franchise does not allow the Town to
terminate the franchise until it holds an evidentiary hearing on the matter and then only after a vote of no less
than 75% of all Town Council members. The new franchise allows for termination for material breaches of
the Franchise upon the vote of a simple majority of Council.
10. Equal Opportunity and Economic Development, Article 16. The new Franchise contains
1314 Main Street, Suite 101, Louisville, CO 80027
(303) 376-8510
wwfdlaw.com
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an article on Equal Opportunity which includes Sections on Economic Development and Employment, and
contains mostly aspirational goals and efforts by Xcel to promote these activities in these areas.
11. Confidential or Proprietary Information, Section 17.6. The new Franchise contains
provisions recognizing the need for Town compliance with the Open Records Act. It specifically provides
that if Xcel asks the Town to protect any of its confidential information from disclosure, and if a court were
to subsequently determine that disclosure was improper and enters an award of costs and attorney’s fees
against the Town, Xcel will defend, indemnify and hold the Town harmless from these kinds of claims and
any award of damages. There are no such provisions in the current franchise.
12. Conveyance of Town Streets, Public Utility Easements or Other Town Property where utility
facilities are located, Section 17.21. The new Franchise provides that if the Town were to sell or vacate any
of this kind of property where Xcel facilities are located, the Town will reserve an easement in favor of Xcel
to allow its continued use of the property being conveyed.
Should you have any questions or concerns before the Council meeting that you would like
me to be prepared to address, please share them through Eric, Patty or Nina. I look forward to
discussing these issues with you on August 13th.
ATTACHMENT A: Ordinance 24-21 GRANTING A FRANCHISE BY THE TOWN OF
AVON TO PUBLIC SERVICE COMPANY OF COLORADO FOR THE NON-EXCLUSIVE
RIGHT TO PROVIDE, SELL, AND DELIVER GAS TO THE TOWN AND ITS RESIDENTS
THROUGH THE NON-EXCLUSIVE REASONABLE USE OF TOWN STREETS, PUBLIC
UTILITY EASEMENTS, AND OTHER TOWN PROPERTY
ATTACHMENT B: 2024 FRANCHISE AGREEMENT
ATTACHMENT C: Ordinance 04-06 GRANTING BY FRANCHISE TO PUBLIC
SERVICE COMPANY OF COLORADO, ITS AFFILIATES, SUCCESSORS AND ASSIGNS,
THE RIGHT TO USE THE STREETS WITHIN THE TOWN TO FURNISH, SELL,
TRANSPORT AND DISTRIBUTE GAS TO THE TOWN AND TO ALL RESIDENTS OF
THE TOWN, GRANTING THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE,
MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUHG THE TOWN
ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL, TRANSPORT AND
DISTRIBUTE GAS WITHIN AND THROUGH THE TOWN; AND FIXING THE TERMS
AND CONDITIONS THEREOF.
ATTACHMENT D: 2004 EXECUTED FRANCHISE AGREEMENT
Ord 24-14 Adopting PSCO Franchise Agreement
August 27, 2024
Page 1 of 3
ORDINANCE NO. 24-14
GRANTING A FRANCHISE BY THE TOWN OF AVON TO PUBLIC
SERVICE COMPANY OF COLORADO FOR THE NON-EXCLUSIVE
RIGHT TO PROVIDE, SELL, AND DELIVER GAS TO THE TOWN AND
ITS RESIDENTS THROUGH THE NON-EXCLUSIVE REASONABLE
USE OF TOWN STREETS, PUBLIC UTILITY EASEMENTS, AND
OTHER TOWN PROPERTY
WHEREAS, Public Service Company of Colorado (“Xcel”) provides gas service within the
corporate boundaries of the Town of Avon (“Avon”) to persons, businesses, industries, and
governmental agencies including Avon residents; and
WHEREAS, the Company has filed an application with Avon requesting Avon grant a non-
exclusive gas franchise to it; and
WHEREAS, Chapter 17, Section 17.6 of the Avon’s Home Rule Charter provides that all
franchises shall be granted only by ordinance; and
WHEREAS, the Company and Avon have negotiated a Franchise Agreement (“Franchise
Agreement”), a copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, the Franchise Agreement grants the Company a non-exclusive right to provide,
sell, and deliver gas to Avon and its residents through the non-exclusive reasonable use of
Avon’s streets, public utility easements, and other Town of Avon property as provided in the
Franchise Agreement; and
WHEREAS, the Avon Town Council (“Council”) finds that approval of the Franchise
Agreement promotes the public health, safety and welfare.
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Council, or any member of the Council, has determined to take final
action on this Ordinance prior to concluding the public hearing on second reading.
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.
ATTACHMENT A
Ord 24-14 Adopting PSCO Franchise Agreement
August 27, 2024
Page 2 of 3
Section 2. Approval of Franchise Agreement. Council hereby approves the Franchise
Agreement, attached hereto as EXHIBIT A: FRANCHISE AGREEMENT and the Mayor is
hereby authorized and directed to execute the attached Franchise Agreement and the Town Clerk
shall attest to the Mayor’s signature.
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 days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. 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.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 24-14 Adopting PSCO Franchise Agreement
August 27, 2024
Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on August 13, 2024 and setting such public hearing for
August 27, 2024 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on August
27, 2024.
BY: ATTEST:
____________________________ ___________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
Gas Franchise Agreement
FRANCHISE AGREEMENT
BETWEEN
THE TOWN OF AVON, COLORADO
AND
PUBLIC SERVICE COMPANY OF COLORADO
DEFINITIONS AND PRINCIPLES OF CONSTRUCTION ..................................1
GRANT OF FRANCHISE .......................................................................................4
TOWN POLICE POWERS ......................................................................................5
FRANCHISE FEE ....................................................................................................6
ADMINISTRATION OF FRANCHISE ..................................................................9
SUPPLY, CONSTRUCTION AND DESIGN .......................................................10
RELIABILITY........................................................................................................16
COMPANY PERFORMANCE OBLIGATIONS ..................................................16
BILLING AND PAYMENT ..................................................................................18
PURCHASE OR CONDEMNATION .................................................................19
TRANSFER OF FRANCHISE .............................................................................19
CONTINUATION OF UTILITY SERVICE .......................................................20
INDEMNIFICATION AND IMMUNITY ...........................................................20
BREACH ..............................................................................................................21
AMENDMENTS ..................................................................................................22
EQUAL OPPORTUNITY ....................................................................................22
MISCELLANEOUS .............................................................................................24
ATTACHMENT B
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TABLE OF CONTENTS
DEFINITIONS AND PRINCIPLES OF CONSTRUCTION ..........................................1
Section 1.1 Defined Terms. ................................................................................................1
Section 1.2 Singular/Plural. ................................................................................................4
Section 1.3 Mandatory/Permissive. ....................................................................................4
GRANT OF FRANCHISE ...............................................................................................4
Section 2.1 Grant of Franchise............................................................................................4
Section 2.2 Conditions and Limitations. .............................................................................5
Section 2.3 Effective Date and Term. .................................................................................5
TOWN POLICE POWERS ..............................................................................................5
Section 3.1 Police Powers. ..................................................................................................5
Section 3.2 Regulation of Streets and Other Town Property. .............................................6
Section 3.3 Compliance with Laws. ...................................................................................6
Section 3.4 Industry Standards. ..........................................................................................6
FRANCHISE FEE ............................................................................................................6
Section 4.1 Franchise Fee. ..................................................................................................6
Section 4.2 Remittance of Franchise Fee. ...........................................................................7
ADMINISTRATION OF FRANCHISE ..........................................................................9
Section 5.1 Town Designee. ...............................................................................................9
Section 5.2 Company Designee. .........................................................................................9
Section 5.3 Coordination of Work. .....................................................................................9
SUPPLY, CONSTRUCTION AND DESIGN ...............................................................10
Section 6.1 Purpose. ..........................................................................................................10
Section 6.2 Supply. ...........................................................................................................10
Section 6.3 Charges to the Town for Service to Town Facilities. ....................................10
Section 6.4 Restoration of Service. ...................................................................................10
Section 6.5 Obligations Regarding Company Facilities. ..................................................10
Section 6.6 As-Built Drawings. ........................................................................................12
Section 6.7 Excavation and Construction. ........................................................................12
Section 6.8 Restoration. ....................................................................................................13
Section 6.9 Relocation of Company Facilities. .................................................................13
Section 6.10 New or Modified Service Requested by Town. .............................................15
Section 6.11 Service to New Areas.....................................................................................15
Section 6.12 Town Not Required to Advance Funds. ........................................................15
Section 6.13 Technological Improvements.........................................................................16
RELIABILITY................................................................................................................16
Section 7.1 Reliability. ......................................................................................................16
Section 7.2 Franchise Performance Obligations. ..............................................................16
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Section 7.3 Reliability Reports. ........................................................................................16
COMPANY PERFORMANCE OBLIGATIONS ..........................................................16
Section 8.1 New or Modified Service to Town Facilities. ................................................16
Section 8.2 Adjustments to Company Facilities. ..............................................................17
Section 8.3 Third Party Damage Recovery. ......................................................................17
BILLING AND PAYMENT ..........................................................................................18
Section 9.1 Billing for Utility Services. ............................................................................18
PURCHASE OR CONDEMNATION .........................................................................19
Section 10.1 Municipal Right to Purchase or Condemn. ....................................................19
TRANSFER OF FRANCHISE .....................................................................................19
Section 11.1 Consent of Town Required. ...........................................................................19
Section 11.2 Transfer Fee. ..................................................................................................19
CONTINUATION OF UTILITY SERVICE ...............................................................20
Section 12.1 Continuation of Utility Service. .....................................................................20
Section 12.2 Compensation. ...............................................................................................20
INDEMNIFICATION AND IMMUNITY ...................................................................20
Section 13.1 Town Held Harmless. ....................................................................................20
Section 13.2 Governmental Immunity Act. ........................................................................20
BREACH ......................................................................................................................21
Section 14.1 Change of Tariffs. ..........................................................................................21
Section 14.2 Breach. ...........................................................................................................21
AMENDMENTS ..........................................................................................................22
Section 15.1 Proposed Amendments. .................................................................................22
Section 15.2 Effective Amendments. ..................................................................................22
EQUAL OPPORTUNITY ............................................................................................22
Section 16.1 Economic Development. ................................................................................22
Section 16.2 Employment. ..................................................................................................23
Section 16.3 Contracting. ....................................................................................................23
Section 16.4 Coordination. .................................................................................................24
MISCELLANEOUS .....................................................................................................24
Section 17.1 No Waiver. .....................................................................................................24
Section 17.2 Successors and Assigns. .................................................................................24
Section 17.3 Third Parties. ..................................................................................................24
Section 17.4 Notice. ............................................................................................................24
Section 17.5 Examination of Records. ................................................................................25
Section 17.6 Confidential or Proprietary Information. .......................................................26
Section 17.7 List of Utility Property. ..................................................................................27
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Section 17.8 PUC Filings. ...................................................................................................27
Section 17.9 Information. ...................................................................................................27
Section 17.10 Payment of Taxes and Fees. ...........................................................................27
Section 17.11 Conflict of Interest. ........................................................................................28
Section 17.12 Certificate of Public Convenience and Necessity. .........................................28
Section 17.13 Authority. .......................................................................................................28
Section 17.14 Severability. ...................................................................................................28
Section 17.15 Force Majeure. ...............................................................................................28
Section 17.16 Earlier Franchises Superseded. ......................................................................28
Section 17.17 Titles Not Controlling. ...................................................................................28
Section 17.18 Applicable Law. .............................................................................................28
Section 17.19 Payment of Expenses Incurred by Town in Relation to
Franchise Agreement. ....................................................................................29
Section 17.20 Costs of Compliance with Franchise. ............................................................29
Section 17.21 Conveyance of Town Streets, Public Utility Easements or
Other Town Property. ....................................................................................29
Section 17.22 Audit. .............................................................................................................29
Section 17.23 Land Use Coordination. .................................................................................29
Section 17.24 Counterpart Signature. ...................................................................................29
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PUBLIC SERVICE COMPANY OF COLORADO
AND
THE TOWN OF AVON, COLORADO
GAS FRANCHISE AGREEMENT
DEFINITIONS AND PRINCIPLES OF CONSTRUCTION
In addition to the capitalized terms defined elsewhere in
this Franchise, the following capitalized words and phrases shall have the meanings set forth
below. Words not defined in this Article 1 or elsewhere in this Franchise shall be given their
common and ordinary meaning.
“Town” means the Town of Avon, a municipal corporation of the State of Colorado.
“Town Designee” has the meaning ascribed in Section 5.1.
“Company” means Public Service Company of Colorado, a Colorado corporation, and an
Xcel Energy company and its successors and assigns including affiliates or subsidiaries that
undertake to perform any of the obligations under this Franchise.
“Company Designee” has the meaning ascribed in Section 5.2.
“Company Facilities” refer to all facilities of the Company which are reasonably
necessary or desirable to provide gas service into, within and through the Town, including but
not limited to plants, works, systems, substations, transmission and distribution structures and
systems, lines, equipment, pipes, mains, conduit, transformers, underground lines, gas
compressors, meters, meter reading devices, communication and data transfer equipment,
control equipment, gas regulator stations, street lights, wire, cables and poles as well as all
associated appurtenances.
“Council” refers to and is the legislative body of the Town.
“Effective Date” has the meaning ascribed in Section 2.3.
“Franchise” or “Franchise Agreement” means this franchise agreement by and between
the Town and Company.
“Franchise Fee” has the meaning ascribed in Section 4.1(A).
“Force Majeure Event” means the inability to undertake an obligation of this Franchise
Agreement due to a cause, condition or event that could not be reasonably anticipated by a
party, or is beyond a party’s reasonable control after exercise of best efforts to perform. Such
cause, condition or event includes but is not limited to fire, strike, war, riots, terrorist acts, acts
of governmental authority, acts of God, floods, pandemics, epidemics, quarantines, labor
disputes, unavailability or shortages of materials or equipment or failures or delays in the
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delivery of materials. Neither the Town nor the Company shall be in breach of this Franchise
if a failure to perform any of the duties under this Franchise is due to a Force Majeure Event.
“Gross Revenues” refers to those amounts of money the Company receives from the sale
of gas within the Town under rates authorized by the Public Utilities Commission, as well as
from the transportation of gas to its customers within the Town, as adjusted for refunds, net
write-offs of uncollectible accounts, corrections, expense reimbursements or regulatory
adjustments. Regulatory adjustments include, but are not limited to, credits, surcharges,
refunds, and pro-forma adjustments pursuant to federal or state regulation. “Gross Revenues”
shall exclude any revenues from the sale of gas to the Town or the transportation of gas to the
Town.
“Industry Standards” refers to standards developed by government agencies and
generally recognized organizations that engage in the business of developing utility industry
standards for materials, specifications, testing, construction, repair, maintenance,
manufacturing, and other facets of the electric and gas utility industries. Such agencies and
organizations include, but are not limited to the U.S. Department of Transportation, the Federal
Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation
(NERC), the Pipeline and Hazardous Materials Safety Administration (PHMSA), the Colorado
Public Utilities Commission, the American National Standards Institute (ANSI), the American
Society for Testing and Materials (ASTM), the Pipeline Research Council International, Inc.
(PRCI), the American Society of Mechanical Engineers (ASME), the Institute of Electric and
Electronic Engineers (IEEE), the Electric Power Research Institute (EPRI), the Gas
Technology Institute (GTI), the National Fire Protection Association (NFPA), and specifically
includes the National Electric Safety Code (NESC).
“Open Space” refers to privately-owned property protected by real covenant, or publicly-
owned property protected by covenant and/or designated by ordinance or resolution of the
Town Council, which covenant or designation designates the property for use as one (1) or
more of the following: a community buffer; a wildlife corridor and habitat area; a wetland; a
view corridor; agricultural land; an area of archeological, historical, geologic or topographic
significance; an area containing significant renewable and/or nonrenewable natural resources;
and/or other undesignated, typically non-irrigated, undeveloped land uses. Open Space shall
not include Parks.
“Other Town Property” refers to the surface, the air space above the surface and the area
below the surface of any property owned by the Town or directly controlled by the Town due
to the Town’s real property interest in the same or hereafter owned by the Town, that would
not otherwise fall under the definition of “Streets,” but which provides a suitable location for
the placement of Company Facilities when specifically approved in writing by the Town.
Other Town Property does not include Public Utility Easements.
“Parks” refers to land area owned by the Town, either independently or with another
governmental or quasi-governmental entity, that is developed and maintained for active or
passive recreational use and is open for the general public’s use and enjoyment; which, by way
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of example only, may include public playfields, courts, and other recreation facilities, or may
include greenways, water features, picnic areas, or natural areas.
“Private Project” refers to any project not included in the definition of Public Project.
“Public Project” refers to (1) any public work or improvement within the Town that is
wholly owned by the Town; or (2) any public work or improvement within the Town where at
least fifty percent (50%) or more of the funding is provided by any combination of the Town,
the federal government, the State of Colorado, or any Colorado county, but excluding all
entities established under Title 32 of the Colorado Revised Statutes.
“Public Utilities Commission” or “PUC” refers to the Public Utilities Commission of the
State of Colorado or other state agency succeeding to the regulatory powers of the Public
Utilities Commission.
“Public Utility Easement” refers to any platted easement over, under, or above public or
private property, expressly dedicated to, and accepted by, the Town for the use of public utility
companies for the placement of utility facilities, including but not limited to Company
Facilities.
“Relocate” and “Relocation,” and any variation thereof, means a temporary or permanent
change or alteration by the Company in the position of any Company Facilities.
“Residents” refers to all persons, businesses, industries, governmental agencies, including
the Town, and any other entity whatsoever presently located or to be hereinafter located, in
whole or in part, within the territorial boundaries of the Town.
“Streets” or “Town Streets” refers to the surface, the air space above the surface and the
area below the surface of any Town-dedicated or Town-maintained streets, alleys, bridges,
roads, lanes, access easements, and other public rights-of-way within the Town, which are
primarily used for motorized vehicle traffic. Streets shall not include Public Utility Easements
and Other Town Property.
“Supporting Documentation” refers to all information reasonably required or needed in
order to allow the Company to design and construct any work performed under the provisions
of this Franchise. Supporting Documentation may include, but is not limited to, construction
plans, a description of known environmental issues, the identification of critical right-of-way
or easement issues, the final recorded plat for the property, the date the site will be ready for
the Company to begin construction, the date gas service and meter set are needed, and the name
and contact information for the Town’s project manager.
“Tariffs” refer to those tariffs of the Company on file and in effect with the PUC or other
governing jurisdiction, as amended from time to time.
“Utility Service” refers to the sale of gas to Residents by the Company under Tariffs
approved by the PUC, as well as the delivery of gas to Residents by the Company.
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Unless the context otherwise requires, words used in the
present tense include the future tense, words in the plural include the singular, and words in the
singular include the plural.
The words “shall” and “will” are mandatory and
the word “may” is permissive.
GRANT OF FRANCHISE
(A) Grant. The Town hereby grants to the Company, subject to all conditions,
limitations, terms, and provisions contained in this Franchise, the non-exclusive right to
make reasonable use of Town Streets, Public Utility Easements (as applicable) and Other
Town Property:
(1) to provide Utility Service to the Town and to its Residents under the
Tariffs; and
(2) to acquire, purchase, construct, install, locate, maintain, operate,
upgrade and extend into, within and through the Town all Company Facilities
reasonably necessary for the generation, production, manufacture, sale, storage,
purchase, exchange, transportation, transmission and distribution of Utility Service
within and through the Town.
(B) New Company Facilities in Other Town Property, Excluding Parks and Open
Space. For all Other Town Property that is not a Park or Open Space, the Town’s grant to
the Company of the right to locate Company Facilities in, on, over or across such Other
Town Property shall be subject to the Company’s already having or first receiving from
the Town approval of the location of such Company Facilities, in the Town’s reasonable
discretion; and the terms and conditions of the use of such Other Town Property shall be
governed by this Franchise as may be reasonably supplemented to account for the unique
nature of such Other Town Property. By way of illustration and example only, the Town
may want to condition the use of Other Town Property that is a golf course upon the
Company not constructing Company Facilities in fairways or greens or during peak golf
season. Nothing in this Error! Reference source not found. shall modify or extinguish
pre-existing Company property rights. Further, this paragraph shall not prohibit the
Company from modifying, replacing or upgrading Company Facilities already located in
Parks or Open Space in accordance with the terms and conditions of the Town license
agreement, permit or other agreement that granted the Company the right to use such Other
Town Property or, if there is no such license agreement, permit or other agreement, in
accordance with this Franchise.
(C) New Company Facilities in Other Town Property that are Parks or Open Space.
The Town’s grant to the Company of the right to locate Company Facilities in, on, over
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or across Other Town Property that is a Park or Open Space shall be subject to (i)
the Company’s already having or first receiving from the Town a revocable license, permit
or other agreement approving the location of such Company Facilities, which the Town
may grant or deny in its sole discretion; and (ii) the terms and conditions of such
revocable license agreement, permit or other written agreement. Nothing in this Section
2.1(C) shall modify or extinguish pre-existing Company property rights. Further, this
paragraph shall not prohibit the Company from modifying, replacing or upgrading
Company Facilities already located in Parks or Open Space in accordance with the terms
and conditions of the Town license agreement, permit or other agreement that granted the
Company the right to use such Parks or Open Space or, if there is no such license
agreement, permit or other agreement, in accordance with this Franchise.
(A) Scope of Franchise. The grant of this Franchise and the terms and conditions hereof
shall extend to the jurisdictional boundaries of the Town as it is now or hereafter constituted
that are within the Company’s PUC-certificated service territory; however, nothing
contained in this Franchise shall be construed to authorize the Company to engage in
activities other than the provision of Utility Service.
(B) Subject to Town Usage. The Company’s right to make reasonable use of Town
Streets and Other Town Property to provide Utility Service to the Town and its Residents
under this Franchise is subject to and subordinate to any Town usage of said Streets and
Other Town Property.
(C) Prior Grants Not Revoked. This grant and Franchise is not intended to and does
not revoke any prior license, grant, or right to use the Streets, Other Town Property or
Public Utility Easements, and such licenses, grants or rights of use are hereby affirmed.
(D) Franchise Not Exclusive. The rights granted by this Franchise are not, and shall
not be deemed to be, granted exclusively to the Company, and the Town reserves the right
to make or grant a franchise to any other person, firm, or corporation.
This Franchise shall take effect on May 12, 2024
(the “Effective Date”) and shall supersede any prior franchise grants to the Company by the Town.
This Franchise shall terminate on May 11, 2044, unless extended by mutual consent.
TOWN POLICE POWERS
The Company expressly acknowledges the Town’s right to
adopt, from time to time, in addition to the provisions contained herein, such laws, including
ordinances and regulations, as it may deem necessary in the exercise of its governmental powers.
If the Town considers making any substantive changes in its local codes or regulations that in the
Town’s reasonable opinion will significantly impact the Company’s operations in the Town’s
Streets, Public Utility Easements and Other Town Property, it will make a good faith effort to
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advise the Company of such consideration; provided, however, that lack of notice shall not be
justification for the Company’s non-compliance with any applicable local requirements.
The Company expressly
acknowledges the Town’s right to enforce regulations concerning the Company’s access to or use
of the Streets and/or Other Town Property. In addition, the Company acknowledges the Town’s
right to require the Company to obtain permits for work in Streets, Other Town Property, and
Public Utility Easements.
The Company shall promptly and fully comply
with all laws, regulations, permits and orders lawfully enacted by the Town. Nothing herein
provided shall prevent the Company from legally challenging or appealing the enactment or
applicability of any laws, regulations, permits and orders enacted by the Town. To the extent that
the Company believes that any Town regulations, permits and orders are inconsistent with Industry
Standards, the Town agrees to meet with the Company upon the Company’s written request for
consideration of the matters at issue within a reasonable period of time.
In enacting laws and regulations and issuing permits
that affect the Company’s access to or use of the Streets, Other Town Property and Public Utility
Easements, the Town agrees to make good faith efforts to make its regulations and permit
conditions consistent with Industry Standards to the extent practicable, and the Company agrees
to make good faith efforts to advise the Town of Industry Standards that affect the Company’s
operations within the Town. Without limiting the Town’s police power in any way, the Town will
take into consideration any input from the Company on new regulations and permit conditions that
the Company believes unnecessarily increase its costs of operations within the Town.
FRANCHISE FEE
(A) Fee. In consideration for this Franchise Agreement, which provides the certain
terms related to the Company’s use of Town Streets, Public Utility Easements and Other
Town Property, which are valuable public properties acquired and maintained by the Town
at the expense of its Residents, and in recognition of the fact that the grant to the Company
of this Franchise is a valuable right, the Company shall pay the Town a sum equal to three
percent (3%) of Gross Revenues (the “Franchise Fee”). To the extent required by law,
the Company shall collect the Franchise Fee from a surcharge upon Town Residents who
are customers of the Company.
(B) Obligation in Lieu of Franchise Fee. In the event that the Franchise Fee specified
herein is declared void for any reason by a court of competent jurisdiction, unless
prohibited by law, the Company shall be obligated to pay the Town, at the same times and
in the same manner as provided in this Franchise, an aggregate amount equal to the amount
that the Company would have paid as a Franchise Fee as partial consideration for use of
the Town Streets, Public Utility Easements and Other Town Property. Such payments shall
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be made in accordance with applicable provisions of law. Further, to the extent required
by law, the Company shall collect the amounts agreed upon through a surcharge upon
Utility Service provided to Town Residents who are customers of the Company.
(C) Changes in Utility Service Industries. The Town and the Company recognize that
utility service industries are the subject of restructuring initiatives by legislative and
regulatory authorities and are also experiencing other changes as a result of mergers,
acquisitions, and reorganizations. Some of such initiatives and changes may have an
adverse impact upon the Franchise Fee revenues provided for herein. In recognition of the
length of the term of this Franchise, the Company agrees that in the event of any such
initiatives or changes and to the extent permitted by law, upon receiving a written request
from the Town, the Company will cooperate with and assist the Town in making reasonable
modifications of this Franchise Agreement in an effort to provide that the Town receives
an amount in Franchise Fees or some other form of compensation that is the same amount
of Franchise Fees paid to the Town as of the date that such initiatives and changes adversely
impact Franchise Fee revenues.
(D) Utility Service Provided to the Town. No Franchise Fee shall be charged to the
Town for Utility Service provided directly or indirectly to the Town for its own
consumption unless otherwise directed by the Town in writing and in a manner consistent
with Company policy.
(A) Remittance Schedule. Franchise fee revenues shall be remitted by the Company to
the Town as directed by the Town in monthly installments not more than thirty (30) days
following the close of each calendar month.
(B) Correction of Franchise Fee Payments. In the event that either the Town or the
Company discovers that there has been an error in the calculation of the Franchise Fee
payment to the Town, either party shall provide written notice of the error to the other
party. Subject to the following sentence, if the party receiving written notice of the error
does not agree with the written notice of error, that party may challenge the written notice
of error pursuant to Section 4.2(D) of this Franchise; otherwise, the error shall be corrected
in the next monthly payment. However, if the error results in an overpayment of the
Franchise Fee to the Town, and said overpayment is in excess of Five Thousand Dollars
($5,000.00), correction of the overpayment by the Town shall take the form of a credit
against future Franchise Fees and shall be spread over the same period the error was
undiscovered or the Town shall make a refund payment to the Company. If such period
would extend beyond the term of this Franchise, the Company may elect to require the
Town to provide it with a refund instead of a credit, with such refund to be spread over the
same period the error was undiscovered, even if the refund will be paid after the termination
date of this Franchise. All Franchise Fee underpayments shall be corrected in the next
monthly payment, together with interest computed at the rate set by the PUC for customer
security deposits held by the Company, from the date when due until the date paid. Subject
to the terms of the Tariffs, in no event shall either party be required to fund or refund any
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overpayment or underpayment made as a result of a Company error which occurred more
than five (5) years prior to the discovery of the error.
(C) Audit of Franchise Fee Payments.
(1) Company Audit. At the request of the Town, every three (3) years commencing
at the end of the third calendar year of the Term of this Franchise, the Company
shall conduct an internal audit, in accordance with the Company’s auditing
principles and policies that are applicable to electric and gas utilities that are
developed in accordance with the Institute of Internal Auditors, to investigate
and determine the correctness of the Franchise Fees paid to the Town. Such
audit shall be limited to the previous three (3) calendar years. The Company
shall provide a written report to the Town Clerk summarizing the audit
procedures followed along with any findings.
(2) Town Audit. If the Town disagrees with the results of the Company’s audit,
and if the parties are not able to informally resolve their differences, the Town
may conduct its own audit at its own expense, in accordance with generally
accepted auditing principles applicable to gas utilities that are developed in
accordance with the Institute of Internal Auditors, and the Company shall
cooperate by providing the Town’s auditor with non-confidential information
that would be required to be disclosed under applicable state sales and use tax
laws and applicable PUC rules and regulations.
(3) Underpayments. If the results of a Town audit conducted pursuant to Section
4.2(C)(2) above concludes that the Company has underpaid the Town by two
percent (2%) or more, in addition to the obligation to pay such amounts to the
Town, the Company shall also pay all reasonable costs of the Town’s audit.
The Company shall not be responsible for the costs of the Town’s audit when
the underpayment is caused by errors from information provided by an entity
certified by the Colorado Department of Revenue as a “hold harmless entity”
or other similar entity recognized by the Department of Revenue.
(D) Fee Disputes. Either party may challenge any written notification of error as
provided for in Section 4.2(B) of this Franchise by filing a written notice to the other party
within thirty (30) days of receipt of the written notification of error. The written notice
shall contain a summary of the facts and reasons for the party’s notice. The parties shall
make good faith efforts to resolve any such notice of error before initiating any formal legal
proceedings for the resolution of such error.
(E) Reports. To the extent allowed by law, upon written request by the Town, but not
more than once per year, the Company shall supply the Town with a list of the names and
addresses of registered natural gas suppliers and brokers of natural gas that utilize
Company Facilities to sell or distribute natural gas within the Town. The Company shall
not be required to disclose any confidential or proprietary information.
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(F) Franchise Fee Payment Not in Lieu of Permit or Other Fees. Payment of the
Franchise Fee by Company to Town does not exempt the Company from any other lawful
tax or fee imposed generally upon persons doing business within the Town, except that the
Franchise Fee provided for herein shall be in lieu of any occupation, occupancy or similar
tax or fee for the Company’s use of Town Streets, Public Utility Easements or Other Town
Property under the terms set forth in this Franchise.
ADMINISTRATION OF FRANCHISE
The Town Manager shall designate in writing to the
Company an official or officials having full power and authority to administer this Franchise
(whether one or more, the “Town Designee”). The Town Manager may also designate one or
more Town representatives to act as the primary liaison with the Company as to particular matters
addressed by this Franchise and shall provide the Company with the name(s) and telephone
number(s) of said Town Designee. The Town Manager may change these designations by
providing written notice to the Company. The Town’s Designee shall have the right, at all
reasonable times and with reasonable notice to the Company, to inspect any Company Facilities
in Town Streets and Other Town Property. If the Town Manager does not make such a designation,
the Town Manager shall be considered the Town Designee.
The Company shall designate a representative to act
as the primary liaison with the Town and shall provide the Town with the name, address, and
telephone number for the Company’s representative under this Franchise (“Company Designee”).
The Company may change its designation by providing written notice to the Town. The Town
shall use the Company Designee to communicate with the Company regarding Utility Service and
related service needs for Town facilities.
(A) Company and Town agree to coordinate their activities in Town Streets, Public
Utility Easements and Other Town Property. The Town and the Company will meet
annually upon the written request of the Town designee to exchange their respective short-
term and long-term forecasts and/or work plans for construction and other similar work
which may affect Town Streets, including but not limited to any planned Town Streets
paving projects. The Town and Company shall hold such meetings as either deems
necessary to exchange additional information with a view toward coordinating their
respective activities in those areas where such coordination may prove beneficial and so
that the Town will be assured that all applicable provisions of this Franchise, applicable
building and zoning codes, and applicable Town air and water pollution regulations are
complied with, and that aesthetic and other relevant planning principles have been given
due consideration.
(B) In addition to the foregoing meetings, the Company and the Town agree to use good
faith efforts to provide notice to one another whenever (i) the Company initiates plans to
significantly upgrade its infrastructure within the Town, including without limitation the
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replacement of utility poles and overhead lines; and (ii) third-party applicants within the
Town initiate private land uses and projects or the Town initiates a Public Project that
requires significant upgrade to future gas and/or electric utility development by the
Company, in order to allow for mutual Town and Company input and consultation for
beneficial coordination of activities.
SUPPLY, CONSTRUCTION AND DESIGN
The Company acknowledges the critical nature of the municipal
services performed or provided by the Town to the Residents that require the Company to provide
prompt and reliable Utility Service and the performance of related services for Town facilities.
The Town and the Company wish to provide for certain terms and conditions under which the
Company will provide Utility Service and perform related services for the Town in order to
facilitate and enhance the operation of Town facilities. They also wish to provide for other
processes and procedures related to the provision of Utility Service to the Town.
Subject to the jurisdiction of the PUC, the Company shall take all
reasonable and necessary steps to provide a sufficient supply of gas to Residents at the lowest
reasonable cost consistent with reliable supplies.
No charges to the
Town by the Company for Utility Service (other than gas transportation which shall be subject to
negotiated contracts) shall exceed the lowest charge for similar service or supplies provided by the
Company to any other similarly situated customer of the Company. The parties acknowledge the
jurisdiction of the PUC over the Company’s regulated intrastate electric and gas rates. All charges
to the Town shall be in accord with the Tariffs.
(A) Notification. The Company shall provide to the Town daytime and nighttime
telephone numbers of a Company Designee from whom the Town may obtain status
information from the Company on a twenty-four (24) hour basis concerning interruptions
of Utility Service in any part of the Town.
(B) Restoration. In the event the Company’s gas system within the Town, or any part
thereof, is partially or wholly destroyed or incapacitated, the Company shall use due
diligence to restore such system to satisfactory service within the shortest practicable
period of time, or provide a reasonable alternative to such system if the Company elects
not to restore such system.
(A) Company Facilities. All Company Facilities within Town Streets, Public Utility
Easements and Other Town Property shall be maintained in good repair and condition.
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(B) Company Work within the Town. All work within Town Streets and Other Town
Property performed or caused to be performed by the Company shall be performed:
(1) in a high-quality manner that is in accordance with Industry Standards;
(2) in a timely and expeditious manner;
(3) in a manner that reasonably minimizes inconvenience to the public;
(4) in a cost-effective manner, which may include the use of qualified contractors;
and
(5) in accordance with all applicable Town laws, ordinances and regulations, unless
the same are preempted by the Tariffs.
(C) No Interference with Town Facilities. Company Facilities shall not unreasonably
interfere with any Town facilities, including water facilities, sanitary or storm sewer
facilities, communications facilities, or other Town uses of the Streets or Other Town
Property. Company Facilities shall be installed and maintained in Town Streets and Other
Town Property so as to reasonably minimize interference with other property, trees, and
other improvements and natural features in and adjoining the Streets and Other Town
Property in light of the Company’s obligation under Colorado law to provide safe and
reliable utility facilities and services.
(D) Permit and Inspection. The installation, renovation, and replacement of any
Company Facilities in the Town Streets or Other Town Property by or on behalf of the
Company shall be subject to permit, inspection and approval by the Town in accordance
with applicable Town laws. Such permitting, inspection and approval may include, but
shall not be limited to, the following matters: location of Company Facilities, cutting and
pruning of trees and shrubs and disturbance of pavement, sidewalks and surfaces of Town
Streets or Other Town Property; provided, however, the Company shall have the right to
cut, prune, and/or remove vegetation in accordance with its standard vegetation
management requirements and procedures. The Company agrees to cooperate with the
Town in conducting inspections and shall promptly perform any remedial action lawfully
required by the Town pursuant to any such inspection.
(E) Compliance. Subject to the provisions of Section 3.3 above, the Company and all
of its contractors shall comply with the requirements of applicable municipal laws,
ordinances, regulations, permits, and standards lawfully adopted, including but not limited
to requirements of all building and zoning codes, and requirements regarding curb and
pavement cuts, excavating, digging, and other construction activities. The Company shall
use commercially reasonable efforts to require that its contractors working in Town Streets
and Other Town Property hold the necessary licenses and permits required by law.
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(A) Within thirty (30) days after written request of the Town Designee, but no sooner
than fourteen (14) days after project completion, the Company shall commence its internal
process to permit the Company to provide, on a project by project basis, as-built drawings
of any Company Facility installed within the Town Streets or contiguous to the Town
Streets. The Company shall provide the requested documents no later than forty-five (45)
days after it commences its internal process.
(B) If the requested information must be limited or cannot be provided pursuant to
regulatory requirements or Company data privacy policies, the Company shall promptly
notify the Town of such restrictions. The Town acknowledges that the requested as-built
drawings are confidential information of the Company and the Company asserts that
disclosure to members of the public would be contrary to the public interest. Accordingly,
the Town shall deny the right of inspection of the Company’s confidential information as
set forth in C.R.S. § 24-72-204(3)(a)(IV), as may be amended from time to time (the “Open
Records Act”). If an Open Records Act request is made by any third party as-built
drawings that the Company has provided to the Town pursuant to this Franchise, the Town
will immediately notify the Company of the request and shall allow the Company to defend
such request at its sole expense, including filing a legal action in any court of competent
jurisdiction to prevent disclosure of such information. In any such legal action the
Company shall join the person requesting the information and the Town. In no
circumstance shall the Town provide to any third-party as-built drawings provided by the
Company pursuant to this Franchise without first conferring with the Company. Provided
the Town complies with the terms of this Section, the Company shall defend, indemnify
and hold the Town harmless from any claim, judgment, costs or attorney fees incurred in
participating in such proceeding.
(C) As used in this Section 6.6, “as-built drawings” refers to hard copies of the facility
drawings as maintained in the Company’s business records and shall not include
information maintained in the Company’s geographical information system. The
Company shall not be required to create drawings or data that do not exist at the time of
the request.
Subject to Section 3.3, the Company shall
be responsible for obtaining, paying for, and complying with all applicable permits, in the manner
required by the laws, ordinances, and regulations of the Town. Although the Company shall be
responsible for obtaining and complying with the terms of such permits when performing
Relocations requested by the Town under Section 6.9 of this Franchise, the Town will not require
the Company to pay the fees charged for such permits. Upon the Company submitting a
construction design plan, the Town shall promptly and fully advise the Company in writing of all
requirements for the restoration of Town Streets in advance of Company excavation projects in
Town Streets, based upon the design submitted, if the Town’s restoration requirements are not
addressed in publicly available standards.
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(A) Subject to the provisions of Section 6.5(D), when the Company does any work in
or affecting the Town Streets or Other Town Property, it shall, at its own expense, promptly
remove any obstructions placed thereon or therein by the Company and restore the affected
surface of such Town Streets or Other Town Property to a condition that is substantially
the same as existed before the work, in accordance with applicable Town standards.
(B) If weather or other conditions do not permit the complete restoration required by
Section 6.8(A), the Company may with the approval of the Town, temporarily restore the
affected Town Streets or Other Town Property, provided that such temporary restoration
is not at the Town’s expense and provided further that the Company promptly undertakes
and completes the required permanent restoration when the weather or other conditions no
longer prevent such permanent restoration.
(C) Upon the request of the Town, the Company shall restore the Streets or Other Town
Property to a better condition than existed before the Company work was undertaken,
provided that the Town shall be responsible for any incremental costs of such restoration
not required by then-current Town standards, and provided the Town seeks and/or grants,
as applicable, any additional required approvals.
(D) If the Company fails to promptly restore the Town Streets or Other Town Property
as required by this Section 6.8, and if, in the reasonable discretion of the Town, immediate
action is required for the protection of public health, safety or welfare, the Town may
restore such Streets or Other Town Property or remove the obstruction therefrom; provided
however, Town actions do not interfere with Company Facilities. The Company shall be
responsible for the actual cost incurred by the Town to restore such Town Streets or Other
Town Property or to remove any obstructions therefrom. In the course of its restoration of
Town Streets or Other Town Property under this Section 6.8, the Town shall not perform
work on Company Facilities unless specifically authorized by the Company in writing on
a project-by-project basis and subject to the terms and conditions agreed to in such
authorization.
(A) Relocation Obligation. The Company shall Relocate any Company Facility in
Town Streets or in Other Town Property at no cost or expense to the Town whenever such
Relocation is necessary for the completion of any Public Project. The Company shall
Relocate any Company Facilities in a Public Utility Easement which is located in Town
Streets or Other Town Property. In the case of Relocation that is necessary for the
completion of any Public Project in a Public Utility Easement which is not located in Town
Streets or Other Town Property, the Company shall not be responsible for any relocation
costs. For all Relocations, the Company and the Town agree to cooperate on the location
and Relocation of the Company Facilities in the Town Streets or Other Town Property in
order to achieve Relocation in the most efficient and cost-effective manner possible.
Notwithstanding the foregoing, once the Company has completed a Relocation of any
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Company Facility at the Town’s direction, if the Town requests a Relocation of the same
Company Facility within two (2) years, the subsequent Relocation shall not be at the
Company’s expense. Nothing provided herein shall prevent the Company from recovering
its Relocation costs and expenses from third-parties.
(B) Private Projects. Subject to Section 6.9(F), the Company shall not be responsible
for the expenses of any Relocation required by Private Projects, and the Company has the
right to require the payment of estimated Relocation expenses from the party causing, or
responsible for, the Relocation before undertaking the Relocation.
(C) Relocation Performance. The Relocations set forth in Section 6.9(A) of this
Franchise shall be completed within a reasonable time, not to exceed one hundred twenty
(120) days from the later of the date on which the Town Designee requests, in writing, that
the Relocation commence, or the date when the Company is provided all Supporting
Documentation. The Company shall receive an extension of time to complete a Relocation
where the Company’s performance was delayed due to Force Majeure or the failure of the
Town to provide adequate Supporting Documentation. The Company has the burden of
presenting evidence to reasonably demonstrate the basis for the delay. Upon written
request of the Company, the Town may also grant the Company reasonable extensions of
time for good cause shown and the Town shall not unreasonably withhold or condition any
such extension.
(D) Town Revision of Supporting Documentation. Any revision by the Town of
Supporting Documentation provided to the Company that causes the Company to
substantially redesign and/or change its plans regarding Company Facility Relocation shall
be deemed good cause for a reasonable extension of time to complete the Relocation under
this Franchise.
(E) Completion. Each such Relocation shall be complete only when the Company
actually Relocates the Company Facilities, restores the Relocation site in accordance with
Section 6.9 of this Franchise or as otherwise agreed with the Town, and properly abandons
on site all unused Company Facilities, equipment, material and other impediments,
consistent with any permit issued by the Town for such Relocation. “Unused” for the
purposes of this Franchise shall mean the Company is no longer using the Company
Facilities in question and has no plans to use the Company Facilities in the foreseeable
future.
(F) Scope of Obligation. Notwithstanding anything to the contrary in this Franchise,
the Company shall not be required to Relocate any Company Facilities from property (i)
owned by the Company in fee; or (ii) in which the Company has a property right, grant or
interest, including without limitation an easement but excluding Public Utility Easements,
which are addressed in Section 6.9(A).
(G) Coordination.
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(1) When requested in writing by the Town designee or the Company,
representatives of the Town and the Company shall meet to share information
regarding anticipated projects which will require Relocation of Company
Facilities in Town Streets and Other Town Property. Such meetings shall be
for the purpose of minimizing conflicts where possible and to facilitate
coordination with any reasonable timetable established by the Town for any
Public Project.
(2) The Town shall make reasonable best efforts to provide the Company with two
(2) years advance notice of any planned Street repaving. The Company shall
make reasonable best efforts to complete any necessary or anticipated repairs
or upgrades to Company Facilities that are located underneath the Streets within
the two-year period if practicable.
(H) Proposed Alternatives or Modifications. Upon receipt of written notice of a
required Relocation, the Company may propose an alternative to or modification of the
Public Project requiring the Relocation in an effort to mitigate or avoid the impact of the
required Relocation of Company Facilities. The Town shall in good faith review the
proposed alternative or modification. The acceptance of the proposed alternative or
modification shall be at the discretion of the Town. In the event the Town accepts the
proposed alternative or modification, the Company agrees to promptly compensate the
Town for all additional costs, expenses or delay that the Town reasonably determines
resulted from the implementation of the proposed alternative.
The conditions under which
the Company shall install new or modified Utility Service to the Town as a customer shall be
governed by this Franchise and the Company’s Tariffs.
If the territorial boundaries of the Town are expanded
during the term of this Franchise, the Company shall, to the extent permitted by law, extend service
to Residents in the expanded area at the earliest practicable time if the expanded area is within the
Company’s PUC-certificated service territory. Service to the expanded area shall be in accordance
with the terms of the Tariffs and this Franchise, including the payment of Franchise Fees.
Upon receipt of the Town’s
authorization for billing and construction, the Company shall install Company Facilities to provide
Utility Service to the Town as a customer, without requiring the Town to advance funds prior to
construction. The Town shall pay for the installation of Company Facilities once completed in
accordance with the Tariffs. Notwithstanding anything to the contrary, the provisions of this
Section to allow the Town to not advance funds prior to construction shall apply unless prohibited
by PUC rules or the Tariffs. The parties agree that as of the date of execution of this Agreement,
Company Gas Tariff Sheets R36 and 39 governs the terms of installation of Company Facilities
for the Town and allows installation of Company Facilities without the Town advancing funds
prior to construction.
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The Company shall use its best efforts to
incorporate, as soon as practicable, technological advances in its equipment and service within the
Town when such advances are technically and economically feasible and are safe and beneficial
to the Town and its Residents.
RELIABILITY
The Company shall operate and maintain Company Facilities
efficiently and economically, in accordance with Industry Standards, and in accordance with the
standards, systems, methods and skills consistent with the provision of adequate, safe and reliable
Utility Service.
The Company recognizes that, as part
of its obligations and commitments under this Franchise, the Company shall carry out each of its
performance obligations in a timely, expeditious, efficient, economical and workmanlike manner.
Upon written request, the Company shall provide the
Town with a report regarding the reliability of Company Facilities and Utility Service.
COMPANY PERFORMANCE OBLIGATIONS
In providing new or modified
Utility Service to Town facilities, the Company agrees to perform as follows:
(A) Performance. The Company shall complete each project requested by the Town
within a reasonable time. Where the Company’s performance obligations are governed by
Tariff, the parties agree that a reasonable time shall not exceed one hundred eighty (180)
days from the date upon which the Town designee makes a written request and provides
the required Supporting Documentation for all Company Facilities, including a copy to the
Area Manager as designated in Section 17.4 below. Provided that the Town provides the
Company’s designated representative with a copy of the Supporting Documentation, the
Company shall notify the Town within twenty (20) days of receipt of the request if the
Supporting Documentation is sufficient to complete the project. The Company shall be
entitled to an extension of time to complete a project where the Company’s performance
was delayed due to Force Majeure. Upon request of the Company, the Town Designee
may also grant the Company reasonable extensions of time for good cause shown and the
Town shall not unreasonably withhold any such extension.
(B) Town Revision of Supporting Documentation. Any revision by the Town of
Supporting Documentation provided to the Company that causes the Company to
substantially redesign and/or substantially change its plans regarding new or modified
service to Town facilities shall be deemed good cause for a reasonable extension of time
to complete the Relocation under this Franchise.
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(C) Completion/Restoration. Each such project shall be complete only when the
Company actually provides the service installation or modification required, restores the
project site in accordance with the terms of this Franchise or as otherwise agreed with the
Town and properly abandons on site any unused Company Facilities, equipment, material
and other impediments.
The Company shall perform
adjustments to Company Facilities that are consistent with Industry Standards, including manhole
rings and other appurtenances in Streets and Other Town Property, to accommodate Town Street
maintenance, repair and paving operations at no cost to the Town. In providing such adjustments
to Company Facilities, the Company agrees to perform as follows:
(A) Performance. The Company shall complete each requested adjustment within a
reasonable time, not to exceed thirty (30) days from the date upon which the Town makes
a written request and provides to the Company all information reasonably necessary to
perform the adjustment. The Company shall be entitled to an extension of time to complete
an adjustment where the Company’s performance was delayed due to a Force Majeure
Event. Upon request of the Company, the Town may also grant the Company reasonable
extensions of time for good cause shown and the Town shall not unreasonably withhold
any such extension.
(B) Completion/Restoration. Each such adjustment shall be complete only when the
Company actually adjusts and, if required, readjusts, Company Facilities to accommodate
Town operations in accordance with Town instructions following Town paving operations.
(C) Coordination. As requested by the Town or the Company, representatives of the
Town and the Company shall meet regarding anticipated Street maintenance operations
which will require such adjustments to Company Facilities in Streets or Other Town
Property. Such meetings shall be for the purpose of coordinating and facilitating
performance under this Section.
(A) Damage to Company Facilities. If any individual or entity damages any Company
Facilities, to the extent permitted by law the Town will notify the Company of any such
incident of which it has knowledge and will provide to the Company within a reasonable
time all pertinent information within its possession regarding the incident and the damage,
including the identity of the responsible individual or entity.
(B) Damage to Company Facilities for which the Town is Responsible. If any
individual or entity damages any Company Facilities for which the Town is obligated to
reimburse the Company for the cost of the repair or replacement, to the extent permitted
by law, the Company will notify the Town of any such incident of which it has knowledge
and will provide to the Town within a reasonable time all pertinent information within its
possession regarding the incident and the damage, including the identity of the responsible
individual or entity.
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(C) Meeting. The Company and the Town agree to meet periodically upon written
request of either party for the purpose of developing, implementing, reviewing, improving
and/or modifying mutually beneficial procedures and methods for the efficient gathering
and transmittal of information useful in recovery efforts against third-parties for damaging
Company Facilities.
BILLING AND PAYMENT
(A) Monthly Billing. Unless otherwise provided in the Tariffs, the rules and regulations
of the PUC, or the Public Utility Law, the Company shall render bills monthly to the offices
of the Town for Utility Service and other related services for which the Company is entitled
to payment.
(B) Address for Billing. Billings for service rendered during the preceding month shall
be sent to the person(s) designated by the Town and payment for same shall be made as
prescribed in this Franchise and the applicable Tariffs.
(C) Supporting Documents. To the extent requested by the Town, the Company shall
provide all billings and any underlying Supporting Documentation reasonably requested
by the Town in an editable and manipulatable electronic format that is acceptable to the
Company and the Town.
(D) Annual Meetings. The Company agrees to meet with the Town Designee on a
reasonable basis at the Town’s request, but no more frequently than once a year, for the
purpose of developing, implementing, reviewing, and/or modifying mutually beneficial
and acceptable billing procedures, methods, and formats which may include, without
limitation, electronic billing and upgrades or beneficial alternatives to the Company’s
current most advanced billing technology, for the efficient and cost effective rendering and
processing of such billings submitted by the Company to the Town.
(E) Payment to Town. In the event the Town determines after written notice to the
Company that the Company is liable to the Town for payments, costs, expenses or damages
of any nature, and subject to the Company’s right to challenge such determination, the
Town may deduct all monies due and owing the Town from any other amounts currently
due and owing the Company. Upon receipt of such written notice, the Company may
request a meeting between the Company’s designee and a designee of the Town to discuss
such determination. The Town agrees to attend such a meeting. As an alternative to such
deduction and subject to the Company’s right to challenge, the Town may bill the Company
for such assessment(s), in which case, the Company shall pay each such bill within thirty
(30) days of the date of receipt of such bill unless it challenges the validity of the charge.
If the Company challenges the Town determination of liability, the Town shall make such
payments to the Company for Utility Service received by Town pursuant to the Tariffs until
the challenge has been finally resolved.
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PURCHASE OR CONDEMNATION
(A) Right and Privilege of Town. The right and privilege of the Town to construct, own
and operate a municipal utility, and to purchase pursuant to a mutually acceptable
agreement or condemn any Company Facilities located within the territorial boundaries of
the Town, and the Company’s rights in connection therewith, as set forth in applicable
provisions of the constitution, statutes and case law of the State of Colorado relating to the
acquisition of public utilities, are expressly recognized. The Town shall have the right,
within the time frames and in accordance with the procedures set forth in such provisions,
to condemn Company Facilities, land, rights-of-way and easements now owned or to be
owned by the Company located within the territorial boundaries of the Town. In the event
of any such condemnation, no value shall be ascribed or given to the right to use Town
Streets or Other Town Property granted under this Franchise in the valuation of the
property thus sold.
(B) Notice of Intent to Purchase or Condemn. The Town shall provide the Company
no less than one (1) year’s prior written notice of its intent to purchase or condemn
Company Facilities. Nothing in this Section 10.1 shall be deemed or construed to
constitute a consent by the Company to the Town’s purchase or condemnation of Company
Facilities, nor a waiver of any Company defenses or challenges related thereto.
TRANSFER OF FRANCHISE
The Company shall not transfer or assign any
rights under this Franchise to an unaffiliated third party, except by merger with such third party,
or, except when the transfer is made in response to legislation or regulatory requirements, unless
the Town approves such transfer or assignment in writing. The Town may impose reasonable
conditions upon the transfer, but approval of the transfer or assignment shall not be unreasonably
withheld, conditioned or delayed.
In order that the Town may share in the value this Franchise
adds to the Company’s operations, any transfer or assignment of rights granted under this
Franchise requiring Town approval, as set forth herein, shall be subject to the condition that the
Company shall promptly pay to the Town a transfer fee in an amount equal to the proportion of
the Town’s then-population provided Utility Service by the Company to the then-population of
the City and County of Denver provided Utility Service by the Company multiplied by one million
dollars ($1,000,000.00). Except as otherwise required by law, such transfer fee shall not be
recovered from a surcharge placed only on the rates of Residents.
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CONTINUATION OF UTILITY SERVICE
In the event this Franchise is not renewed
at the expiration of its term or is terminated for any reason, and the Town has not provided for
alternative utility service, the Company shall have no obligation to remove any Company Facilities
from Streets, Public Utility Easements or Other Town Property or discontinue providing Utility
Service unless otherwise ordered by the PUC, and shall continue to provide Utility Service within
the Town until the Town arranges for utility service from another provider. The Town
acknowledges and agrees that the Company has the right to use Streets, Other Town Property and
Public Utility Easements during any such period. The Company further agrees that it will not
withhold any temporary Utility Services necessary to protect the public.
The Town agrees that in the circumstances of this Article
12, the Company shall be entitled to monetary compensation as provided in the Tariffs and the
Company shall be entitled to collect from Residents and, upon the Town’s compliance with
applicable provisions of law, shall be obligated to pay the Town, at the same times and in the same
manner as provided in this Franchise, an aggregate amount equal to the amount which the
Company would have paid as a Franchise Fee as consideration for use of the Town’s Streets and
Other Town Property. Only upon receipt of written notice from the Town stating that the Town
has adequate alternative utility service for Residents and upon order of the PUC shall the Company
be allowed to discontinue the provision of Utility Service to the Town and its Residents.
INDEMNIFICATION AND IMMUNITY
The Company shall indemnify, defend and hold the
Town harmless from and against claims, demands, liens and all liability or damage of whatsoever
kind on account of or directly arising from the grant of this Franchise, the exercise by the Company
of the related rights, but in both instances only to the extent caused by the Company, and shall pay
the costs of defense plus reasonable attorneys’ fees. The Town shall (a) give prompt written notice
to the Company of any claim, demand or lien with respect to which the Town seeks
indemnification hereunder; and, (b) unless in the Town’s judgment a conflict of interest may exist
between the Town and the Company with respect to such claim, demand or lien, shall permit the
Company to assume the defense of such claim, demand, or lien with counsel reasonably
satisfactory to the Town. If such defense is assumed by the Company, the Company shall not be
subject to liability for any settlement made without its consent. If such defense is not assumed by
the Company or if the Town determines that a conflict of interest exists, the parties reserve all
rights to seek all remedies available in this Franchise against each other. Notwithstanding any
provision hereof to the contrary, the Company shall not be obligated to indemnify, defend or hold
the Town harmless to the extent any claim, demand or lien arises out of or in connection with any
negligent or intentional act or failure to act of the Town or any of its officers, agents or employees
or to the extent that the Town is acting in its capacity as a customer of record of the Company.
Nothing in this Article 13 or any other
provision of this Franchise shall be construed as a waiver of the notice requirements, defenses,
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immunities and limitations the Town may have under the Colorado Governmental Immunity Act
(C.R.S. § 24-10-101, et. seq.) or of any other defenses, immunities, or limitations of liability
available to the Town by law.
BREACH
The Town and the Company agree to take all reasonable
and necessary actions to assure that the terms of this Franchise are performed. The Company
reserves the right to seek a change in its Tariffs, including but not limited to the rates, charges,
terms, and conditions of providing Utility Service to the Town and its Residents, and the Town
retains all rights that it may have to intervene and participate in any such proceedings.
(A) Notice/Cure/Remedies. Except as otherwise provided in this Franchise, if a party
(the “Breaching Party”) to this Franchise fails or refuses to perform any of the terms or
conditions of this Franchise (a “Breach”), the other party (the “Non-Breaching Party”)
may provide written notice to the Breaching Party of such Breach. Upon receipt of such
notice, the Breaching Party shall be given a reasonable time, not to exceed thirty (30) days,
in which to remedy the Breach or, if such Breach cannot be remedied in thirty (30) days,
such additional time as reasonably needed to remedy the Breach, but not exceeding an
additional thirty (30) day period, or such other time as the parties may agree. If the
Breaching Party does not remedy the Breach within the time allowed in the notice, the
Non-Breaching Party may exercise the following remedies for such Breach:
(1) specific performance of the applicable term or condition to the extent allowed
by law; and
(2) recovery of actual damages from the date of such Breach incurred by the Non-
Breaching Party in connection with the Breach, but excluding any special,
punitive or consequential damages.
(B) Termination of Franchise by Town. In addition to the foregoing remedies, if the
Company fails or refuses to perform any material term or condition of this Franchise (a
“Material Breach”), the Town may provide written notice to the Company of such
Material Breach. Upon receipt of such notice, the Company shall be given a reasonable
time, not to exceed sixty (60) days in which to remedy the Material Breach or, if such
Material Breach cannot be remedied in sixty (60) days, such additional time as reasonably
needed to remedy the Material Breach, but not exceeding an additional sixty (60) day
period, or such other time as the parties may agree. If the Company does not remedy the
Material Breach within the time allowed in the notice, the Town may, in its sole discretion,
terminate this Franchise. This remedy shall be in addition to the Town’s right to exercise
any of the remedies provided for elsewhere in this Franchise. In the event of the
termination of this Franchise by the Town pursuant to this Section 14.2(B), the Company
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shall continue to provide Utility Service to the Town and its Residents in accordance with
Article 12 above.
(C) Company Shall Not Terminate Franchise. In no event does the Company have the
right to terminate this Franchise.
(D) No Limitation. Except as provided herein, nothing in this Franchise shall limit or
restrict any legal rights or remedies that either party may possess arising from any alleged
Breach of this Franchise.
AMENDMENTS
At any time during the term of this Franchise, the
Town or the Company may propose amendments to this Franchise by giving thirty (30) days
written notice to the other of the proposed amendment(s) desired, and both parties thereafter,
through their designated representatives, will, within a reasonable time, negotiate in good faith in
an effort to agree upon mutually satisfactory amendment(s). However, nothing contained in this
Section shall be deemed to require either party to consent to any amendment proposed by the other
party.
No alterations, amendments or modifications to
this Franchise shall be valid unless executed in writing by the parties, which alterations,
amendments or modifications shall be adopted with the same formality used in adopting this
Franchise, to the extent required by law. Neither this Franchise, nor any term herein, may be
changed, modified or abandoned, in whole or in part, except by an instrument in writing, and no
subsequent oral agreement shall have any validity whatsoever. Any amendment of the Franchise
shall become effective only upon the approval of the PUC, if such PUC approval is required.
EQUAL OPPORTUNITY
The Company is committed to the principle of
stimulating, cultivating and strengthening the participation and representation of persons of color,
women and members of other under-represented groups within the Company and in the local
business community. The Company believes that increased participation and representation of
under-represented groups will lead to mutual and sustainable benefits for the local economy. The
Company is committed also to the principle that the success and economic well-being of the
Company is closely tied to the economic strength and vitality of the diverse communities and
people it serves. The Company believes that contributing to the development of a viable and
sustainable economic base among all Company customers is in the best interests of the Company
and its shareholders.
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(A) Programs. The Company is committed to undertaking programs that identify,
consider and develop persons of color, women and members of other under-represented
groups for positions at all skill and management levels within the Company.
(B) Businesses. The Company recognizes that the Town and the business community
in the Town, including women and minority owned businesses, provide a valuable resource
in assisting the Company to develop programs to promote persons of color, women and
members of under-represented communities into management positions, and agrees to keep
the Town regularly advised of the Company’s progress by providing the Town a copy of
the Company’s annual affirmative action report upon the Town’s written request.
(C) Recruitment. In order to enhance the diversity of the employees of the Company,
the Company is committed to recruiting diverse employees by strategies such as partnering
with colleges, universities and technical schools with diverse student populations, utilizing
diversity-specific media to advertise employment opportunities, internships, and engaging
recruiting firms with diversity-specific expertise.
(D) Advancement. The Company is committed to developing a world-class workforce
through the advancement of its employees, including persons of color, women and
members of under-represented groups. In order to enhance opportunities for advancement,
the Company will offer training and development opportunities for its employees. Such
programs may include mentoring programs, training programs, classroom training and
leadership programs.
(E) Non-Discrimination. The Company is committed to a workplace free of
discrimination based on race, color, religion, national origin, gender, age, military status,
sexual orientation, marital status, or physical or mental disability or any other protected
status in accordance with all federal, state or local laws. The Company shall not, solely
because of race, creed, color, religion, gender, sexual orientation, marital status, age,
military status, national origin, ancestry, or physical or mental disability, refuse to hire,
discharge, promote, demote or discriminate in matters of compensation, against any person
otherwise qualified.
(F) Board of Directors. The Company shall identify and consider women, persons of
color and other under-represented groups to recommend for its Board of Directors,
consistent with the responsibility of boards to represent the interests of the Shareholders,
customers and employees of the Company.
(A) Contracts. It is the Company’s policy to make available to minority and women
owned business enterprises and other small and/or disadvantaged business enterprises the
maximum practical opportunity to compete with other service providers, contractors,
vendors and suppliers in the marketplace. The Company is committed to increasing the
24 Town of Avon - PSCo
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proportion of Company contracts awarded to minority and women owned business
enterprises and other small and/or disadvantaged business enterprises for services,
construction, equipment and supplies to the maximum extent consistent with the efficient
and economical operation of the Company.
(B) Community Outreach. The Company agrees to maintain and continuously develop
contracting and community outreach programs calculated to enhance opportunity and
increase the participation of minority and women owned business enterprises and other
small and/or disadvantaged business enterprises to encourage economic vitality. The
Company agrees to keep the Town regularly advised of the Company’s programs.
(C) Community Development. The Company shall maintain and support partnerships
with local chambers of commerce and business organizations, including those representing
predominately minority owned, women owned and disadvantaged businesses, to preserve
and strengthen open communication channels and enhance opportunities for minority
owned, women owned and disadvantaged businesses to contract with the Company.
Town agencies provide collaborative leadership and mutual
opportunities or programs relating to Town based initiatives on economic development,
employment and contracting opportunity. The Company agrees to review Company programs and
mutual opportunities responsive to this Article with these agencies, upon their request, and to
collaborate on best practices regarding such programs and coordinate and cooperate with the
agencies in program implementation.
MISCELLANEOUS
Neither the Town nor the Company shall be excused from
complying with any of the terms and conditions of this Franchise by any failure of the other, or
any of its officers, employees, or agents, upon any one or more occasions, to insist upon or to seek
compliance with any such terms and conditions.
The rights, privileges, and obligations, in whole
or in part, granted and contained in this Franchise shall inure to the benefit of and be binding upon
the Company, its successors and assigns, to the extent that such successors or assigns have
succeeded to or been assigned the rights of the Company pursuant to Article 11 of this Franchise.
Upon a transfer or assignment pursuant to Article 11, the Company shall be relieved from all
liability from and after the date of such transfer, except as otherwise provided in the conditions
imposed by the Town in authorizing the transfer or assignment and under state and federal law.
Nothing contained in this Franchise shall be construed to
provide rights to third parties.
Both parties shall designate from time to time in writing
representatives for the Company and the Town who will be the persons to whom notices shall be
sent regarding any action to be taken under this Franchise. Notice shall be in writing and forwarded
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Gas Franchise Agreement
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by certified mail, reputable overnight courier or hand delivery to the persons and addresses as
hereinafter stated, unless the persons and addresses are changed at the written request of either
party, delivered in person or by certified mail. Notice shall be deemed received (a) three (3) days
after being mailed via the U.S. Postal Service, (b) one (1) business day after mailed if via reputable
overnight courier, or (c) upon hand delivery if delivered by courier. Until any such change shall
hereafter be made, notices shall be sent as follows:
To the Town: Town Manager
Town of Avon
100 Mikaela Way
P.O. Box 975
Avon, CO 81620
With a copy to: Town Attorney
Town of Avon
100 Mikaela Way
P.O. Box 975
Avon, CO 81620
To the Company: Director, Community Relations
Public Service Company of Colorado
P.O. Box 840
Denver, Colorado 80201
With a copy to: Legal Department
Public Service Company of Colorado
P.O. Box 840
Denver, Colorado 80201
and
Area Manager
Public Service Company of Colorado
P.O. Box 840
Denver, Colorado 80201
Any request involving any audit specifically allowed under this Franchise shall also be
sent to:
Audit Services
Public Service Company of Colorado
P.O. Box 840
Denver, Colorado 80201
(A) The parties agree that any duly authorized representative of the Town and the
Company shall have access to and the right to examine any directly pertinent non-
26 Town of Avon - PSCo
Gas Franchise Agreement
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confidential books, documents, papers, and records of the other party involving any
activities related to this Franchise. All such records must be kept for a minimum of the
lesser of three (3) years or the time period permitted by a party’s record retention policy.
To the extent that either party believes in good faith that it is necessary in order to monitor
compliance with the terms of this Franchise to examine confidential books, documents,
papers, and records of the other party, the parties agree to meet and discuss providing
confidential materials, including without limitation providing such materials subject to a
reasonable confidentiality agreement that effectively protects the confidentiality of such
materials and complies with PUC rules and regulations.
(B) With respect to any information requested by the Town which the Company
identifies as “Confidential” or “Proprietary”:
(1) The Town will maintain the confidentiality of the information by keeping it
under seal and segregated from information and documents that are available to
the public;
(2) The information will be used solely for the purposes stated in the Town’s
request;
(3) The information shall only be made available to Town employees and
consultants who represent in writing that they agree to be bound by the
provisions of this subsection; and
(4) The information shall be held by the Town for such time as is reasonably
necessary for the Town to address the Franchise issue(s) that generated the
request and shall be returned to the Company when the Town has concluded its
use of the information. The parties agree that in most cases, the information
should be returned within one hundred twenty (120) days. However, in the
event that the information is needed in connection with any action that requires
more time, including, but not necessarily limited to litigation, administrative
proceedings and/or other disputes, the Town may maintain the information until
such issues are fully and finally concluded.
If an Open Records Act (C.R.S. §
24-72-201 et seq.) request is made by any third-party for confidential or proprietary information
that the Company has provided to the Town pursuant to this Franchise, the Town will promptly
notify the Company of the request and shall allow the Company to defend such request at its sole
expense, including filing a legal action in any court of competent jurisdiction to prevent disclosure
of such information. In any such legal action the Company shall join the person requesting the
information and the Town. In no circumstance shall the Town provide to any third-party
confidential information provided by the Company pursuant to this Franchise without first
conferring with the Company. Provided the Town complies with the terms of this Section, the
Company shall defend, indemnify and hold the Town harmless from any claim, judgment, costs
or attorney fees incurred in participating in such proceeding. Unless otherwise agreed between the
parties, the following information shall not be provided by the Company: confidential
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Gas Franchise Agreement
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employment matters, specific information regarding any of the Company’s customers, information
related to the compromise and settlement of disputed claims including but not limited to PUC
dockets, information provided to the Company which is declared by the provider to be confidential
and which would be considered confidential to the provider under applicable law.
Upon written request by the Town, but in no event
more than once every two (2) years, the Company shall provide the Town a list of gas utility-
related real property owned in fee by the Company within the County in which the Town is located.
The list shall include the legal description of the real property, and where available on the deed,
the physical street address. If the physical address is not available on the deed, if the Town requests
the physical address of the real property described in this Section 17.7, to the extent that such
physical street address is readily available to the Company, the Company shall provide such
address to the Town. All such records must be kept for a minimum of three (3) years or such
shorter duration if required by Company policy.
Upon written request by the Town, the Company shall
provide the Town non-confidential copies of all applications, advice letters and periodic reports,
together with any accompanying non-confidential testimony and exhibits, filed by the Company
with the Public Utilities Commission. Notwithstanding the foregoing, notice regarding any gas
and electric filings that may affect Utility Service rates in the Town shall be sent to the Town upon
filing.
Upon written request, the Company shall provide the Town
Clerk or the Town Clerk’s designee with:
(A) A copy of the Company’s or its parent company’s consolidated annual financial
report, or alternatively, a URL link to a location where the same information is available
on the Company’s website;
(B) Maps or schematics indicating the location of specific Company Facilities (subject
to Town executing a confidentiality agreement as required by Company policy), including
gas or electric lines, located within the Town, to the extent those maps or schematics are
in existence at the time of the request and related to an ongoing project within the Town.
The Company does not represent or warrant the accuracy of any such maps or schematics;
and
(C) A copy of any report required to be prepared for a federal or state agency detailing
the Company’s efforts to comply with federal and state air and water pollution laws.
(A) Impositions. Except as otherwise provided herein, the Company shall pay and
discharge as they become due, promptly and before delinquency, all taxes, assessments,
rates, charges, license fees, municipal liens, levies, excises, or imposts, whether general or
special, or ordinary or extraordinary, of every name, nature, and kind whatsoever, including
all governmental charges of whatsoever name, nature, or kind, which may be levied,
28 Town of Avon - PSCo
Gas Franchise Agreement
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assessed, charged, or imposed, or which may become a lien or charge against this Franchise
(“Impositions”), provided that the Company shall have the right to contest any such
Impositions and shall not be in breach of this Section so long as it is actively contesting
such Impositions.
(B) Town Liability. The Town shall not be liable for the payment of late charges,
interest or penalties of any nature other than pursuant to applicable Tariffs.
The parties agree that no official, officer or employee
of the Town shall have any personal or beneficial interest whatsoever in the services or property
described herein and the Company further agrees not to hire or contract for services any official,
officer or employee of the Town to the extent prohibited by law, including ordinances and
regulations of the Town.
The Town agrees to
support the Company’s application to the PUC to obtain a Certificate of Public Convenience and
Necessity to exercise its rights and obligations under this Franchise.
Each party represents and warrants that except as set forth
below, it has taken all actions that are necessary or that are required by its ordinances, regulations,
procedures, bylaws, or applicable law, to legally authorize the undersigned signatories to execute
this Franchise on behalf of the parties and to bind the parties to its terms. The persons executing
this Franchise on behalf of each of the parties warrant that they have full authorization to execute
this Franchise. The Town acknowledges that notwithstanding the foregoing, the Company
requires a Certificate of Public Convenience and Necessity from the PUC in order to operate under
the terms of this Franchise.
Should any one or more provisions of this Franchise be
determined to be unconstitutional, illegal, unenforceable or otherwise void, all other provisions
nevertheless shall remain effective; provided, however, to the extent allowed by law, the parties
shall forthwith enter into good faith negotiations and proceed with due diligence to draft one or
more substitute provisions that will achieve the original intent of the parties hereunder.
Neither the Town nor the Company shall be in breach of
this Franchise if a failure to perform any of the duties under this Franchise is due to a Force Majeure
Event, as defined herein.
This Franchise shall constitute the only
franchise between the Town and the Company related to the furnishing of Utility Service, and it
supersedes and cancels all former franchises between the parties hereto.
Titles of the paragraphs herein are for reference
only and shall not be used to construe the language of this Franchise.
Colorado law shall apply to the construction and
enforcement of this Franchise. The parties agree that venue for any litigation arising out of this
Franchise shall be in the District Court for Eagle County, State of Colorado.
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Gas Franchise Agreement
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The Company shall pay for expenses reasonably incurred by the Town for the
adoption of this Franchise, limited to the publication of notices, publication of ordinances, and
photocopying of documents and other similar expenses.
The parties acknowledge that PUC
rules, regulations and final decisions may require that costs of complying with certain provisions
of this Franchise be borne by customers of the Company who are located within the Town.
In the event the Town vacates, releases, sells, conveys, transfers or otherwise disposes
of a Town Street, or any portion of a Public Utility Easement or Other Town Property in which
Company Facilities are located, the Town shall reserve an easement in favor of the Company over
that portion of the Street, Public Utility Easement or Other Town Property in which such Company
Facilities are located. The Company and the Town shall work together to prepare the necessary
legal description to effectuate such reservation. For the purposes of Section 6.9(A) of this
Franchise, the land vacated, released, sold, conveyed, transferred or otherwise disposed of by the
Town shall no longer be deemed to be a Street or Other Town Property from which the Town may
demand the Company temporarily or permanently Relocate Company Facilities at the Company’s
expense.
For any audits specifically allowed under this Franchise, such audits
shall be subject to the Tariff and PUC rules and regulations. Audits in which the auditor is
compensated on the basis of a contingency fee arrangement shall not be permitted.
The Town shall coordinate with the Company
regarding its land use planning. This coordination shall include meeting with the Company and
identifying areas for future utility development.
This Franchise may be executed in one or more
counterparts, each of which will be deemed to be an original copy of this Franchise, and all of
which, when taken together, will be deemed to constitute one and the same agreement. The
facsimile, email or other electronically delivered signatures of the parties shall be deemed to
constitute original signatures, and facsimile or electronic copies hereof shall be deemed to
constitute duplicate originals.
(Signature page follows.)
IN WITNESS WHEREOF, the parties have caused this Franchise to be executed as of
the dates indicated below, effective as of the Effective Date.
ATTEST:
Clerk, Town of Avon
TOWN OF AVON
Mayor, Town of Avon
APPROVED AS TO FORM:
(if applicable)
Town Attorney, Town of Avon
Date: , 2024
PUBLIC SERVICE COMPANY OF
COLORADO, a Colorado corporation
By:
Robert Kenney, President
STATE OF COLORADO )
)ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this day of , 20
by Robert Kenney, President, Public Service Company of Colorado, a Colorado corporation.
WITNESS MY HAND AND OFFICIAL SEAL.
Notary Public
My Commission expires: _______________.
(SEAL)
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-06
SERIES 2004
AN ORDINANCE OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO,
GRANTING BY FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO,
ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT TO USE THE
STREETS WITHIN THE TOWN TO FURNISH, SELL, TRANSPORT AND
DISTRIBUTE GAS TO THE TOWN AND TO ALL RESIDENTS OF THE TOWN,
GRANTING THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE,
MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH THE TOWN
ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL, TRANSPORT
AND DISTRIBUTE GAS WITHIN AND THROUGH THE TOWN; AND FIXING THE
TERMS AND CONDITIONS THEREOF.
WHEREAS, Public Service Company of Colorado has filed it application with the Town of
Avon, Colorado, for the granting to it by the Town of Avon of a franchise in terms as hereinafter
set forth; and
BE IT ORDAINED BY THE TOWN COUNCIL OF AVON, EAGLE COUNTY, COLORADO:
ARTICLE 1
DEFINITIONS
1.1 For the purpose of this franchise agreement, the following words and phrases shall have
the meaning given in this article. When not inconsistent with context, words used in the
present tense include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number. The word "shall"
is mandatory and "may" is permissive. Words not defined in this article shall be given
their common and ordinary meaning.
1.2 "Council" or "Town Council" refers to and is the legislative body of the Town of Avon,
Eagle County, Colorado.
1.3 "Company" refers to and is Public Service Company of Colorado, its successors, assigns,
affiliates and subsidiaries.
1.4 "Facilities" refer to and are all apparatuses reasonably necessary for the Company to
provide gas service into, within and through the Town, including but not limited to
plants, works, systems, substations, equipment, pipes, mains, conduit, gas compressors,
Ordinance No. 04-06
Page 1 of 13
ATTACHMENT C
meters, meter reading devices, communication and data transfer equipment, control
equipment, gas regulator stations,.
1.5 "Party" or "Parties" refers to and includes the Company and the Town, either singly or
collectively as the context requires.
1.6 "Public Utilities Commission" or "PUC" refers to and is the Public Utilities Commission
of the State of Colorado or other state agency succeeding to the regulatory powers of the
Public Utilities Commission.
1.7 "Residents" refers to and includes all persons, businesses, industry, governmental
agencies, and any other entity whatsoever, presently located or hereinafter to be located,
in whole or in part, within the territorial boundaries of the Town.
1.8 "Revenues" refer to and are those amounts of money which the Company receives from
its customers within the Town from the sale of gas under rates authorized by the Public
Utilities Commission as well as from the transportation of gas to its customers within the
Town and represents amounts billed under such rates as adjusted for refunds, net write-
off of uncollectible accounts, corrections or regulatory adjustments. Regulatory
adjustments refer to, by way of explanation, but not limitation, credits, surcharges,
refunds and pro-forma adjustments pursuant to federal or state regulation.
1.9 "Streets" refer to and are streets, alleys, viaducts, bridges, roads, lanes and other public
rights-of-way in the Town. "Streets" shall also include public easements and other public
places within the Town that are suitable locations for the placement of Facilities.
1.10 "Town" refers to and is the municipal corporation designated as the Town of Avon, Eagle
County, Colorado.
ARTICLE 2
GRANT OF FRANCHISE
2.1 Grant of Franchise. The Town hereby grants to the Company the right to use the Streets
within the Town to furnish, sell, transport and distribute gas to the Town and to all
Residents of the Town. The Town also hereby grants to the Company the right to
Ordinance No. 04-06
Page 2 of 13
acquire, construct, install, locate, maintain, operate and extend into, within and through
the Town all Facilities reasonably necessary to furnish, sell, transport and distribute gas
within and through the Town. These rights shall extend to all areas of the Town as it is
now constituted and to additional areas as the Town may increase in size by annexation
or otherwise.
If the boundaries of the Town are expanded during the term of this franchise, the
Company shall extend service to Residents in the expanded area at the earliest practicable
time and in accordance with the Company's extension policy. Service to the expanded
area shall be in accordance with requirements of the PUC and the terms of this franchise,
including payment of franchise fees.
The rights granted by this franchise are not, and shall not be deemed to be,
granted exclusively to the Company, and the Town reserves the right to make or grant a
similar franchise to any other person, firm, or corporation.
Except as otherwise specifically provided herein, the Town retains the right
through the exercise of its police power to use, control, and regulate the use of the
Streets, and the space above and beneath said Streets. The Town retains the right to
impose such other regulations as may be determined by the Town to be necessary in the
reasonable exercise of its police power to protect the health, safety, and welfare of the
public.
2.2 Term of Franchise. This franchise shall take effect upon its adoption and shall supersede
any prior franchise grants to the Company by the Town. The term of this franchise shall
be twenty (20) years.
AR9PICT F A
FRANCHISE FEE
3.1 Franchise Fee As consideration for the franchise rights granted herein, and in
recognition of the fact that the grant to the Company of the right to use Town Streets is a
valuable right, the Company shall pay the Town a sum equal to three percent (3%) of all
Ordinance No. 04-06
Page 3 of 13
Revenues received from the sale and transportation of gas within the Town, excluding
revenues received from the Town for the sale of gas to the Town.
3.2 Surcharge of Franchise Fees. The Company shall charge a franchise fee to all Town
residents that use facilities of the Company in Town Streets to obtain gas. No franchise
fee shall be charged to the Town for gas service provided to the Town for its own
consumption.
3.3 Remittance Schedule. Franchise fees that are collected from Residents shall be remitted
by the Company to the Town in monthly installments not more than thirty (30) days
following the close of each month. All payments shall be made to the Finance Director.
In the event that either the Town or the Company discovers that there has been an error in
the calculation of the franchise fee payment to the Town, the error shall be corrected in
the next monthly payment, subject to the following provisions: In the event an error by
the Company results in an overpayment of the franchise fee to the Town in excess of
5,000, credit for the overpayment shall be spread over the same period the error was
undiscovered; if the overpayment is $5,000 or less, credit shall be taken against the next
payment. In no event shall either Party be required to refund any over- or underpayment
more than 3 years from the date of the over- or underpayment.
3.4 Audit Rights; Protection of Confidential Information. The Finance Director, or his or her
agent, shall have access to the metering records of the Company during normal business
hours upon reasonable notice for the purpose of auditing to ascertain that the franchise
fee has been correctly computed and paid. Except as provided in Section 3.6, all
information obtained by the Finance Director during a franchise fee audit shall be kept
confidential and shall be utilized for the sole purpose of verifying that the franchise fee
has been correctly computed and paid.
3.5 Enforcement of Town Sales and Use Tax Laws. The Town may use the metered
information obtained from franchise fee audits for the purpose of enforcing its sales and
use tax laws. Upon request by the Town, the Company shall supply the Town with a list
Ordinance No. 04-06
Page 4 of 13
of all suppliers of gas that utilize Company Facilities within the Town Streets to sell gas
to Town Residents.
3.6 Franchise Fee Payment in Lieu of Certain Taxes and Other Fees. The Town accepts
payment of the franchise fee by the Company in lieu of any occupation tax, occupancy
tax, license tax, or similar tax or fee the Town might charge the Company or its
subcontractors for the privilege of doing business in the Town, for the use or occupation
of Town Streets, or for the installation, operation and maintenance of Company Facilities.
Payment of the franchise fee does not exempt the Company from any lawful taxation
upon its property or from any other tax not related to the franchise or the occupation or
use of Town Streets, including the payment of head taxes, sales taxes or other fees or
taxes assessed generally upon businesses.
ARTICLE 4
SUPPLY, CONSTRUCTION AND DESIGN
4.1 Obligations Regarding Company Facilities. The Company shall install, maintain, repair,
renovate and replace its Facilities with due diligence in a good and workerlike manner.
Company Facilities shall not interfere with the Town's water mains, sewer mains or other
municipal uses of the Streets. The Company shall construct and maintain its Facilities in
such a way as to minimize interference with trees and other natural features. The
Company shall install underground all gas pipelines serving new residential subdivisions.
4.2 Excavation and Construction. All excavation and construction work performed by the
Company shall be done in a manner that minimizes inconvenience to the public. All
property disturbed by Company excavation or construction activities shall be restored by
the Company at its expense to substantially its former condition.
4.3 Relocation of Company Facilities. The Company shall relocate, at its expense, Facilities
in the Streets that interfere with a public project undertaken and paid for by the Town
with public funds. The Town shall provide at its expense sufficient right-of-way for the
Company to relocate its Facilities. The Company shall relocate its Facilities at the
Ordinance No. 04-06
Page 5 of 13
request of the Town or other person to avoid interference with other non-publicly-
financed projects, but the expense of the relocation and the new right-of-way shall be
paid in advance by the Town or by the person conducting the project and requesting the
relocation. Relocation shall be completed within a reasonable time after a request and
payment therefore is made (if applicable). In the event that the Town requests the
Company to relocate the same Facilities within five (5) years of completion of a prior
relocation, the subsequent relocation shall be at the Town's expense. Underground
Facilities shall be relocated underground. Above ground Facilities shall be relocated
above ground, unless the Town pays the additional cost of relocating above-ground
Facilities underground .
4.4 Town Not Required to Advance Funds. Upon receipt of the Town's authorization for
billing and construction, the Company shall extend its Facilities to provide gas to the
Town for municipal uses within the Company's certificated service area, without
requiring the Town to advance funds prior to construction. Nothing in this section shall
release the Town from the obligation to pay for the extension of Facilities once complete,
in accord with the Company's gas tariffs on file with the Public Utilities Commission.
ARTICLE 5
COMPLIANCE
5.1 Compliance with Applicable Laws. The Company and all of its contractors shall comply
with all applicable Town laws, ordinances and regulations. The Company shall require
its contractors working in the streets to hold the necessary licenses and permits required
by the Town.
5.2 Compliance with Town Requirements. The Company will comply with all Town
building and zoning codes and requirements regarding curb and pavement cuts,
excavating, digging and related construction activities.
Ordinance No. 04-06
Page 6 of 13
5.3 Inspection. The Town shall have the right to inspect any portion of the Company's
Facilities in the Town Streets. The Company agrees to cooperate with the Town in
conducting the inspection.
ARTICLE 6
PUBLIC UTILITIES COMMISSION REGULATION
6.1 Compliance with Orders by the Public Utilities Commission. The provision of gas
service by the Company is regulated in whole or in part by regulatory agencies including
the Public Utilities Commission. The Company is obligated by law to comply with all
lawful PUC orders, rules, and regulations. The Town shall impose no obligation on the
Company that interferes with the Company's ability to comply with lawful regulatory
orders, rules, and regulations.
6.2 Certificates to Exercise Franchise Rights. The Town agrees to assist the Company, if
necessary, in obtaining PUC approval of a certificate to exercise the franchise rights
conferred under this Franchise, including negotiating a change to any provision of this
franchise agreement which the PUC may require in order to obtain the certificate.
ARTICIX.. 7
TOWN USE OF COMPANY FACILITIES
7.1 Trenches Available for Town Use. If the Company opens a trench to install its Facilities,
the Company shall provide advance notice to the Town to permit the Town to install
Town Facilities in the same trench at the Town's expense. The Town's installation of its
Facilities shall not interfere with the Company's Facilities or delay the commencement or
completion of the Company's construction project.
ARTICLE 8
INDEMNIFICATION OF THE TOWN
8.1 Town Held Harmless and Indemnified. The Company shall indemnify, defend and hold
the Town harmless from and against all liability or damage and all claims or demands
Ordinance No. 04-06
Page 7 of 13
arising out of Company's operations within the Town pursuant to this franchise. The
Town shall provide prompt written notice to the Company of the pendency of any claim
or action against the Town arising out of the exercise by the Company of its franchise
rights. The Company shall be permitted, at its own expense, to appear and defend or to
assist in defense of such claim. The Company shall not be obligated to indemnify,
defend, or hold the Town harmless to the extent any claim, demand or lien arises out of
or in connection with any intentional or negligent act or failure to act of the Town or any
of its officials, agents or employees, or to the extent that any claim, demand, or lien arises
out of or in connection with the use of Town facilities.
8.2 Payment of Ordinance Expenses. The Company shall reimburse the Town for actual out-
of-pocket expenses incurred in publishing notices and ordinances and conducting
elections related to this franchise.
AID T11-1 F Q
TRANSFER OF FRANCHISE
9.1 Consent of Town Required. The Company shall not transfer or assign any rights under
this franchise to an unaffiliated third party, except by merger with such third party, or,
except when the transfer is made in response to legislation or regulatory orders, unless
the Town shall approve in writing such transfer or assignment. Approval of the transfer
or assignment shall not be unreasonably withheld.
9.2 Transfer Fee. In order that the Town may share in the value this franchise adds to the
Company's operations, any transfer or assignment of rights under this franchise
requiring the approval of the Town under §9.1 shall be subject to the condition that the
transferee shall promptly pay to the Town a transfer fee, which shall be calculated by
multiplying one million dollars by a fraction of which the numerator equals the then
population of the Town of Avon which is served by the Company, and the denominator
equals the then population of the City and County of Denver. Such transfer fee shall not
be recovered from a surcharge placed only on the rates of Town Residents.
Ordinance No. 04-06
Page 8 of 13
ARTICLE 10
MUNICIPALIZATION
10.1 Town's Right to Condemn. During the term of this franchise, the Town agrees not to
condemn the Facilities of the Company or to otherwise restrict the Company's
opportunity to conduct business in the Town, except as specifically provided in C.R.S.
31-15-707.
10.2 Operation of a Municipal Utility or Competing Distributors. If, during the term of this
franchise, the Town operates a municipal gas utility or issues to another entity a franchise
to use the Streets for the placement of gas Facilities, the Company shall no longer be
required to collect and pay franchise fees under Article 3 unless substantially the same
terms and conditions apply to the service provided by the Town or by the other entity. In
addition, the following sections of this franchise shall no longer apply to the Company
unless substantially the same provisions are applicable to all other gas distributors,
including the Town: Articles 3.3, 3.4, 3.5, 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, 7.1, 9.1 and 9.2.
ARTICLE 11
UNCONTROLLABLE FORCES
11.1 Uncontrollable Forces. Neither the Town nor the Company shall be in breach of this
franchise ordinance if a failure to perform any of the duties under this franchise is due to
uncontrollable forces, which shall include but not be limited to accidents, breakdown of
equipment, shortage of materials, acts of God, floods, storms, fires, sabotage, terrorist
attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of
government and other causes or contingencies of whatever nature beyond the reasonable
control of the party affected, which could not reasonably have been anticipated and
avoided.
Ordinance No. 04-06
Page 9 of 13
ARTICLE 12
BREACH
12.1 Breach. If the Company fails to perform any of the terms and conditions of this franchise
and such failure is within the Company's control, the Town may notify the Company of
the specific failure and shall allow the Company a reasonable time within which to
remedy the failure. If the Company does not remedy the failure and the failure is of a
substantial nature, the Town Council may terminate this franchise after a full evidentiary
hearing. Termination of the franchise shall be by no less than 75% vote of all members
of the Town Council.
12.2 Judicial Review. Any such termination of the franchise shall be subject to judicial review
as provided by law.
ARTICLE 13
AMENDMENTS
13.1 Amendments to Franchise. This franchise may be amended only by a writing signed by
both the Company and the Town, which is approved in the same manner as is required
for the passage of this ordinance.
ARTIC ,F. 1d.
MISCELLANEOUS
14.1 Successors and Assigns. The rights, privileges, franchises and obligations, in whole or in
part, granted and contained in this ordinance shall inure to the benefit of and be binding
upon Public Service Company, its successors, assigns, affiliates and subsidiaries.
14.2 Third Parties. Nothing contained in this franchise shall be construed to provide rights to
third parties.
14.3 Representatives. Both parties shall, from time to time, designate, in writing, represen-
tatives for the Company and the Town to whom notices shall be sent regarding any action
to be taken under this ordinance. Notice shall be delivered in person or by certified mail
to the persons and addresses hereinafter stated, unless the persons and addresses are
Ordinance No. 04-06
Page 10 of 13
changed at the written request of either party. Until any such change shall be made,
notices shall be sent as follows:
To the Town:
Town Clerk
Town of Avon, Colorado
P.O. Box 975
Avon, CO 81620
To the Company:
Cynthia Evans
Vice President
Public Service Company of Colorado
P. O. Box 840
Denver, CO 80201
14.4 Surcharge to Town Residents. The Company shall be permitted to surcharge to residents
of the Town the franchise fee payments it makes to the Town. The Company shall be
permitted to surcharge to residents of the Town any other payments it makes to the Town
only to the extent and in the manner permitted by law or as otherwise ordered by the
PUC.
14.5 Severability. Should any one or more provisions of this franchise be determined to be
illegal or unenforceable, all other provisions nevertheless shall remain effective;
provided, however, the Parties shall forthwith enter into good faith negotiations and
proceed with due diligence to draft a substitute term that will achieve the original intent
of the Parties hereunder.
14.6 Entire Agreement. This franchise constitutes the entire agreement of the Parties with
respect to the matters contained herein and supersedes any and all prior written or oral
agreements, negotiations, correspondence, understandings and communications with
respect to this franchise.
14.7 Headings for Reference Only. The headings in this franchise are for reference only and
convey no substantive rights or impose no substantive obligations on the Parties.
Ordinance No. 04-06
Page 11 of 13
14.8 Responsibility for Language. The Town and the Company hereby acknowledge that each
bears co-extensive and identical responsibility for the language in this franchise. In case
of ambiguity, there shall be no presumptions based upon responsibility for drafting this
franchise.
14.9 No Waiver of Rights. Neither the Town nor the Company waives any rights under the
statutes and constitution of the State of Colorado or of the United States except as
otherwise specifically set forth herein.
14.10 Prevailing Party. In any judicial or administrative action to enforce any of the terms or
conditions of this franchise, the prevailing party shall be entitled to recover its costs and
expenses incurred in such action, including reasonable attorney fees.
14.11 Approval of Franchise. The Company shall promptly file, in writing, its acceptance of
this franchise and of any amendment of this franchise following the Town's final
approval of the same. The failure to file such an acceptance within 45 days of said final
adoption shall be deemed an acceptance of such franchise or amendment thereof.
INTRODUCED, READ, PASSED ON FIRST READING AND ORDERED POSTED THIS
DAY OF QP~ 200 A PUBLIC HEARING ON THIS
ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TOWN COUNCIL
ON THE I0-'-' DAY OF , 20 0"(.AT 5:30 PM IN THE COUNCIL
CHAMBERS, AVON MUNICIPA BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO
11 OF
Albert D. Reynolds, MayorElA
If~~
ATTEST:
Patty cK nny, To n C1 rk
Ordinance No. 04-06
Page 12 of 13
INTRODUCED, PASSED, ADOPTED AND APPROVED ON SECOND READING AND
11
ORDERED POSTED THIS DAY OF m , 200 .
ATTEST:
Albert D.
9 E A ,
Pat ~ Mc enny, Town n C®~ ~ .-z
APPROVED AS TO FORM:
Ut %
To n Attorney
Publication Dates:
ACCEPTED:
PUBLIC SERVICE COMPANY OF
COLORADO
By:_
Print Name & Title:
Ordinance No. 04-06
Page 13 of 13
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director
Date: May 6, 2004
Re: Public Hearing - Gas Franchise Ordinance No. 04-06
Summary:
The Town's current twenty-year gas franchise agreement with Public Service Company of
Colorado ("PSCo") expires May 31, 2004. Staff has been working with Wade Haerle from
Xcel Energy (the DBA name for PSCo) in drafting a new franchise agreement. Council, at
it s last meeting, adopted on 1St reading this new franchise agreement.
In summary, the franchise agreement conveys the right to PSCo to provide public utility
service (in this case natural gas) within Town of Avon boundaries and allow the use of Town
rights-of-way for the location of utility facilities and equipment, in exchange for the payment
of a franchise fee. These rights are non-exclusive and the Town reserves the right to make or
grant a similar franchise to any other company.
The Town reserves the right to control and regulate the use of its streets and to impose other
regulations to protect the health, safety and welfare of the public. PSCo shall not interfere
with municipal uses of the streets and must comply with all Town building and zoning codes
and requirements.
The franchise agreement is for a term of twenty years. A CML survey indicated that most gas
franchises are for twenty or twenty-five year terms. The franchise fee is equal to three percent
3%) of revenues. This is the typical approach and percentage found in most existing
franchises. Xcel Energy paid $47,404 and $38,322 in franchise fees for 2003 and 2002,
respectively.
Town Manager Comments: ,
Page 1
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE
11T" DAY OF MAY 2004, AT THE TOWN OF AVON MUNICIPAL BUILDING
FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE
FOLLOWING ORDINANCE:
Ordinance No. 04-06, Series of 2004, An Ordinance of the Town of Avon, Eagle
County, Colorado, Granting by Franchise to Public Service Company of
Colorado, its affiliates, successors and assigns, the right to use the Streets
within the Town to furnish, sell, transport and distribute gas to the Town and
to all Residents of the town, granting the right to acquire, construct, install,
located, maintain, operate and extend into, within and through the Town all
facilities reasonably necessary to furnish, sell, transport, and distribute gas
within and through the Town; and fixing the Terms and conditions thereof.
A copy of said Ordinance is attached hereto, and is also on file at the office of
the Town Clerk, and may be inspected during regular business hours, Monday
through Friday, 8 AM - 5 PM.
Following this hearing, the Council may consider final passage of this
Ordinance. This notice is given and posted by order of the Town Council of
the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON APRIL 30, 2004.
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
STATE OF COLORADO )
COUNTY OF EAGLE) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO ADOPTED ON THE 11TH DAY OF MAY 2004 THE FOLLOWING ORDINANCE:
Ordinance No. 04-06, Series of 2004, An Ordinance of the Town of Avon, Eagle
County, Colorado, Granting by Franchise to Public Service Company of Colorado,
its affiliates, successors and assigns, the right to use the Streets within the Town to
furnish, sell, transport and distribute gas to the Town and to all Residents of the
town, granting the right to acquire, construct, install, located, maintain, operate and
extend into, within and through the Town all facilities reasonably necessary to
furnish, sell, transport, and distribute gas within and through the Town; and fixing
the Terms and conditions thereof.
A copy of said Ordinance is attached hereto, and are also on file at the office of the Town Clerk, and
may be inspected during regular business hours, Monday through Friday, 8 AM 5 PM.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MAY 14, 2004
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
4P
STATE OF COLORADO )
COUNTY OF EAGLE) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO ADOPTED ON THE 11TH DAY OF MAY 2004 THE FOLLOWING ORDINANCE:
Ordinance No. 04-06, Series of 2004, An Ordinance of the Town of Avon, Eagle
County, Colorado, Granting by Franchise to Public Service Company of Colorado,
its affiliates, successors and assigns, the right to use the Streets within the Town to
furnish, sell, transport and distribute gas to the Town and to all Residents of the
town, granting the right to acquire, construct, install, located, maintain, operate and
extend into, within and through the Town all facilities reasonably necessary to
furnish, sell, transport, and distribute gas within and through the Town; and fixing
the Terms and conditions thereof.
A copy of said Ordinance is attached hereto, and are also on file at the office of the Town Clerk, and
may be inspected during regular business hours, Monday through Friday, 8 AM 5 PM.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MAY 14, 2004
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
61
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE
I IT" DAY OF MAY 2004, AT THE TOWN OF AVON MUNICIPAL BUILDING
FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE
FOLLOWING ORDINANCE:
Ordinance No. 04-06, Series of 2004, An Ordinance of the Town of Avon, Eagle
County, Colorado, Granting by Franchise to Public Service Company of
Colorado, its affiliates, successors and assigns, the right to use the Streets
within the Town to furnish, sell, transport and distribute gas to the Town and
to all Residents of the town, granting the right to acquire, construct, install,
located, maintain, operate and extend into, within and through the Town all
facilities reasonably necessary to furnish, sell, transport, and distribute gas
within and through the Town; and fixing the Terms and conditions thereof.
A copy of said Ordinance is attached hereto, and is also on file at the office of
the Town Clerk, and may be inspected during regular business hours, Monday
through Friday, 8 AM - 5 PM. .
Following this hearing, the Council may consider final passage of this
Ordinance. This notice is given and posted by order of the Town Council of
the Town of Avon, Colorado .
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON APRIL 30, 2004.
AVON MUNICIPAL BUILDING, MAIN LOBBY'
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From. Scott Wright, Finance Director
Date: May 6, 2004
Re: Public Hearing - Gas Franchise Ordinance No. 04-06
Summary:
The Town's current twenty-year gas franchise agreement with Public Service Company of
Colorado ("PSCo expires May 31, 2004. Staff has been working with Wade Haerle from
Xcel Energy (the DBA name for PSCo) in drafting a new franchise agreement. Council, at
it s last meeting, adopted on 1St reading this new franchise agreement.
In summary, the franchise agreement conveys the right to PSCo to provide public utility
service (in this case natural gas) within Town of Avon boundaries and allow the use of Town
rights-of-way for the location of utility facilities and equipment, in exchange for the payment
of a franchise fee. These rights are non-exclusive and the Town reserves the right to make or
grant a similar franchise to any other company.
The Town reserves the right to control and regulate the use of its streets and to impose other
regulations to protect the health, safety and welfare of the public. PSCo shall not interfere
with municipal uses of the streets and must comply with all Town building and zoning codes
and requirements.
The franchise agreement is for a term of twenty years. A CML survey indicated that most gas
franchises are for twenty or twenty-five year terms. The franchise fee is equal to three percent
3%) of revenues. This is the typical approach and percentage found in most existing
franchises. Xcel Energy paid $47,404 and $38,322 in franchise fees for 2003 and 2002,
respectively.Z
Town Manager Comments: ,
i
Page 1
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
IN THE MATTER OF THE APPLICATION )
OF PUBLIC SERVICE COMPANY OF 1
COLORADO FOR AN ORDER GRANTING TO ) Docket NO. p5A -0m F6
IT A CERTIFICATE OF PUBLIC )
CONVENIENCE AND NECESSITY TO )
EXERCISE FRANCHISE RIGHTS IN THE )
TOWN OF AVON, COLORADO )
Public Service Company of Colorado, hereby applies for a
certificate of public convenience and necessity for authority to
exercise franchise rights granted by the Town of Avon, Colorado.
In support of this Application, and in accordance with Rule 55
of the Commission's Rules of Practice and Procedure, Public
Service respectfully states:
1. Public Service's principal office is located at 1225
Seventeenth Street, Denver, Colorado 80202. Publi c Service is a
Colorado corporation. A certified copy of Public Service's
Restated Articles of Incorporation, with all amendments thereto,
is on file with the Commission. Attached as Exhibit 1 is a list
of the directors and officers of Public Service and the name of
its Colorado agent for service of process. All operations
conducted by Public Service under the Certificate of Public
Convenience and Necessity sought by this Application shall be
conducted under the name of Public Service Company of Colorado.
ATTACHMENT D
2. Copies of all notices and other correspondence should
be sent to:
Fredric C. Stoffel, Vice President
Policy Development
Xcel Energy Services, Inc.
1225 Seventeenth Street
Suite 1000
Denver, Colorado 80202
(303) 294-2013
and
Dudley P. Spiller, Esq.
Gorsuch Kirgis LLP
Tower I, Suite 1000
1515 Arapahoe Street
Denver, Colorado 80202
(303) 376-5000
3. Public Service hereby requests the Commission to issue
an order granting it a Certificate of Public Convenience and
Necessity to exercise franchise rights in t he Town of Avon,
Colorado. Pursuant to Ordinance No. 83 -20, adopted May 24, 1983,
the Town granted to Public Service a 20 year franchise to
provide gas services in the municipality. Pursuant to Ordinance
No. 89-13, adopted October 10, 1989, a new Section 2 of Article
V was enacted for the Town to change the franchise fee and other
franchise terms. Pursuant to Ordinance No. 03 -09, adopted May
27, 2003, the Town granted Public Service an extension of its
franchise to provide gas service in the Town for a per iod not to
exceed 1 year, to May 31, 2004. Certified copies of the
franchise ordinances described above are attached as Exhibit 2.
Pursuant to Ordinance No. 04 -06, adopted May 11, 2004, the
Town granted Public Service a new franchise to provide gas
service in the Town for a period of 20 years, to May 11, 2024.
A certified copy of the franchise ordinance is attached as
Exhibit 2-A.
A map of the area is attached as Exhibit 3. Public Service
provides service in the adjacent municipalities of Redcliff and
Vail. A full listing of Public Service's existing operations
and service area is set forth in Public Service's tariffs on
file with the Commission.
4. On August 21, 2001, New Century Energies completed a
merger with Northern States Power Company, forming a new holding
company, Xcel Energy, Inc. Xcel Energy, Inc., has many
subsidiaries that are affiliated with Public Service Company.
See Exhibit 4 for a list of affiliated companies. Neither
Public Service nor any of its affiliates holds authority
duplicating the authority sought by this Application.
5. Public Service has the financial ability and is
qualified and competent to provide the service required by this
franchise ordinance as evidenced by the Company's balance
sheets, income statements, and statements of retained earnings,
attached as Exhibits 5 and 6. Public Service respectfully
requests that these financial statements be accepted as proof of
financial ability, in lieu of a feasibility study, as permitted
by Rule 55 (c) (5) .
6. Public Service's tariffs that ar e currently on file
with this Commission will be utilized for service under this
Application.
7. A copy of the Company's most recent balance sheet is
attached as Exhibit 5.
8. A copy of the Company's statements of income and
retained earnings is attached as Exhibit 6.
9. The names of public utilities and other entities of
like character providing similar service in or near the area
involved in the Application are KN Energy and Colorado Natural
Gas Company.
10. The Exhibits attached to this Application will be
presented at the hearing to show Public Service's qualifications
to conduct the utility operations described in this Application.
11. The public convenience and necessity is served by the
grant of this Application. Public Service Company has received a
franchise from the Town of Avon to provide gas service to the
Town and its residents. No other utility provides gas service
in this municipality. Public Service has facilities in adjacent
municipalities. Extensions can be cost effectively made to
serve gas customers in the Town of Avon.
12. Not applicable.
13. Not applicable.
14. A certified copy of the franchise ordinance and
acceptance by Public Service is attached as Exhibit 2A. Proof
of publication and adoption are attached as Exhibit 7. The
approximate population of the municipality is 5,712.
15. Public Service requests that any hearing on this
Application be held at the offices of the Commission in Denver,
Colorado.
16. Public Service understands that the mere filing of
this Application does not, by itself, constitute authority to
operate.
17. If authority is granted, Public Service will operate
in accordance with all applicable Commission Rules and
Regulations.
18. An affidavit signed by an officer verifying the
contents of this Application and its attachments is attached as
Exhibit 8.
19. A c opy of the notice required by Rule 55 (d) is
attached as Exhibit 9.
20. If this Application is non contested and unopposed,
Public Service respectfully requests that it be granted, without
hearing, in accordance with C.R.S. § 40-6-109(5) and Rule 24 of
the Commission's Rules of Practice and Procedure. In compliance
with Rule 24, Public Service has verified this Application and
the supporting exhibits by the attached Affidavit (Exhibit 8).
WHEREFORE, Public Service requests the Commission to enter
an order grant ing it a Certificate of Public Convenience and
Necessity to exercise franchise rights in the Town of Avon,
Colorado.
DATED at Denver, Colorado, this /@ day of
PUBLIC SERVICE COMPANY OF COLORADO
Tower I, Suite 1000
1515 Arapahoe Street
Denver, Colorado 80202
(303) 376-5000
EXHIBIT 1
PUBLIC SERVICE COMPANY OF COLORADO
(First Tier Subsidiary through Xcel Energy Inc.)
1225 Seventeenth Street
Denver, Colorado 80202
Corporate Secretary's Office Contact
Denver - 303-294-2800
Minneapolis - 61 2-2 1 5-5344
Public Service Company of Colorado (Company No. 3) was incorporated in Colorado on
September 3, 1924. (Also qualified to do business in Montana on 8/3/00 and Alberta, Canada
on 311 3/03.) Tax ID No. 84-0296600. DUNS #OO-691-5953.
Reaistered Aaent: Corporation Service Company, 1560 Broadway, Denver, CO 80202.
Business Purpose: Public utility.
Authorized Capital Stock: 10,000,000 shares of Preferred Stock with par
value of $.01 per share; 100 shares of Common Stock, par value $.01 per
share. 100 shares of Common Stock are issued and outstanding and
held by Xcel Energy Inc.
DIRECTORS:
*Wayne H. Brunetti
*Richard C. Kelly
Gary R. Johnson
*Executive Committee
(316198)
OFFICERS:
Chairman of the Board
CEO
President & COO
VP and General Counsel
Vice President
Vice President
Vice President
Vice President
Vice President
VP and Secretary
Vice President
CFO
Vice President & Treasurer
VP and Controller
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Treasurer
Assistant Treasurer
Wayne H. Brunetti
Wayne H. Brunetti
Richard C. Kelly
Gary R. Johnson
Paul J. Bonavia
Raymond E. Gogel
Cynthia L. Lesher
Patricia Vincent
David M. Wilks
Cathy J. Hart
Benjamin GS Fowke Ill
Benjamin GS Fowke Ill
George E. Tyson II
Teresa S. Madden
Patrice D. Blaeser
Catherine A. Jones
Carol J. Peterson
Judith A. Delaney
Mary P. Schell
Effective Date
612811 994
811 I1 997
812012002
EXHIBIT 2
7aiN OF AVON FRAKHlSE AGREEHEN1
SERIES OF 1983
4N UtBINUCE GRANTING A FRAKHISE DY THE TOWN Q AVON.
CCLDRAW TO PUBLIC KRVICE CMPANY a camrrm. ITS
=S!3RS AH) ASSIGNS, TO LOCATE, WILD, MNSTRIXT, ACWlRE,
mRCH4Y. EXTEH), MfNlAlN AH) OPERATE INTO, WITHIN AH)
TRDUDI THf TOWN OF AVW, EAGLE CUTY, CDLORAW, A RAW1 W
RmTS, Am WORKS FOR TI€ PURCHASE Of US, EITHER NATURAL,
ARTlf ICIU, (R MIXED, W(r TO FURNISH, SELL IYN) DISTRIBUTE
%ID US TO TE 1- Gf AVcH Am TE IMM8ITANfS TEEOF, fW
MATING, COOUING. OR OTMR PIWPOYS BY rEANS ff PIPES, WfPb,
OR OTnERwlSE, OVER mR, ALONG, AtROSS Ahll ;HIOUCH MY AH)
KL STREETS, ULFYS, VIAOLCTS, BRIDGES, RMDS, UHES ilEO
OTHER WIG WAYS rr~ PLACES IN srm raw IT AVW AH) FIXIH~
TI€ TERKS AH) eOH)ITIOuS THEREOF.
WEREAS, Public Senice b.pq of tolormdo hm flld Itm .
application with tha Town of AVM, Colorado, Tor th. granting to
it by the Ton of AVM of a fr~ehire In term aa tmrdnfter rat
fortk; and . .
BE IT QIMllYD BY THE TOWN WCIL Q AVON, EK;LE COLNTY, UILORAM:
ARTICLE 1
Section 1. Short Title. Thia Ordinme8 ohm11 ba knan snd my b8 cited .
as the Vublic Setvim Company af Colorarh franchire Ordinamem.
Section 2. Definitions. For the purpose of thi8 Ordimnee, the
follwing terms shall have the meaning given herein.
'Ton' la the Torn of Awn, Eagle County, Colorado, the grantor of right.
unoer this franchise.
Kompanf ,is Public Service Company of Colorado the grantee of right8
under this franchi re.
"Perron* is any person, firm, partnership, msociation, corporation,
cmny, or any oqanisation of my kind.
"toluissiong i8 the Public Utilitier tomnir8ion of th8 State of toiorado
or it8 tuctessor in interest and authority over public utilities.
Sectim 1. Grant of Authority. There ia hereby grmnted by tho Torn to
tha Company the right, privilepa and authority to locata, build, mnatruct,
YquIre, p~rchali~, exlcnd, moantatn, and operata Into, within arb5 thro-h tha
Tom 8 plant or plants, works, ryst~c facilities for tha prrchasc, -
Unufacturc, trmmmiaaion and distribution of qaa, aithar mtural. attiflcikl
or mined, with tha tight and privil.9. for tha perid and upon tarm
cnnditi~s kreinftar rpacifird to furmsh, ull md dlatributa pa to tha
lom, and ita inhabitants, fw hating, emking or other aimilar purpoaaa, by
run of piper, uina, or otlwrwiaa, orar, mdar, along, uroaa and throqh
any and 811 atraeta, allcya, viducta, bridgn, mda, lama ud other prblic
may ud plwu in tl?a lorn md we?, ulder, along, uroaa ed thro@~ my
extanaim, connction mith or continuation of the - knd bvar, under, acmm
and thrargn my uld all m streeta, 8llqa. viabeta, bridge., roads, 1.n.
r~ Other public rya and placoa aa yy ba hereiftar laid wt, opened, Incatad
or construetad within the territory fw or hcta8ft~t included in the
bDumar&es of the Torn; provided, hmcrer, that tk ~4any shall have no
right to construct any building, drellirq, or mnufactoring facility upon my
arch street, pa. amanat or other public pmperty. .
Section 2. mnmr of U8e and Reoair. The Company ia furthr granted tha
right, privilqa .and authority to arcavata In, orrr~y and uu my and dl
atmts, all+, V~MUC~S. bridqaa, roads; lama, parhraya, and othar public
vaya anb pluea undcr tha wpeniaim of tha properly conatitutod authority
for tne prrpnaa 01 bringing gaa into, within and through tha Tom, ad
wpplying gas to tk Tom and its inkabitanta and in the territory adjacent
tkreto; prwida, brever, that the Company .hall m locate its plmta,
.orb, tranrnissim and distribution atruturaa, equipant, maim, and pipaa
within the Tom in accordanca mith Ordinmea includirq digging and trenchin)
ordinmets ad Reqolatinna of the Torn and ita sister gwerramts ud further .
in locating said facilities ski1 & so in such a runner aa to cause minim
interfersr;ce with the proper uaa of atreeta, alleya and other public ways and
placer. and to cause mln&mum interferema with the right. of reawnable
convenrure of property omers how pmperty adjoins my of tha ~tr~ts,
allcyr. or otner public uays and places. Should It becow rrceasary for tha
Cw/, an cxercisinp its rights and performing its duties hereunder, to
%tcrfcre with my sidewalk, gravelled or paved streets, roads or alleys, or
my other mlic or private improveaunt, tb Cmputy ahall proaptly repair at
its ur. expenre In a *orknanlika apmr nd in accordance with Ordinances and
Rcgulstiam of th lorn and its sister goverments, ms91 sidewalk, gravelled
", p".- .L,CC.) ."'-, " ..., ". -...-. ..-,-.-. .. ...-..- -.--. -..---me----.. -.
it. pipea or other structures. The Ccmpany shnll use due care not to
.interfere wltn or denaqe any water niru mora, or other structures Mu in
plmem or which my nereafter ba placed in meid mtreata, alleya or othmr public
plats. and the Compmny ahall. at Ita an expmnr repair in l rorkmanlike
unnrr uld in accord~co with ordinma of the lorn end its sister
gaemcnta, my of arch nter rim, u*.ra or othr atructurme lhich are
emamgod through th wtim of th Coapmy. In thm .vent th Compmy fail. to
wce mid repair8 within a rrsomblm ti-, Cor~prny termby wltharizea the Torn
to aurw, in dmlm or in part end at th apmr of tha Corpmny. Um work of
rapiriq plblic improvrenta, sibwalka, atroots, alleys, roads, highya, or
other urfuea excwet00, btokm, torn up, or othhriu d.uged by th
C-. Upm the gronting of a fr~chiae mder this 4rrensnt, tha Company
ahall d.poait with tha Clerk of tb Torn of Avon, ad aha11 maintain in forcl
thrarpn the term of this fr~chlre, s an of $3,000, hich dl1 ba in
addition to any bonds required uM.r this Apre-t frm whlch thm Tom shall
6. reimbrad for any coat or mxpen~ incurred in rcpairiq mny prblic
i.prwment, aideulk, rtrcet, alley, road. highlay or other wr face excavated
or otherwine dmapcd in tha ment that the Company should hi1 to prrmptly
rcpmir tfm we in rccordancm with the Ordimeem and Regulations of the Town
Corncil, or in m. avent the Tow uaues th rork of rkiq thmam rmprira.
fh Coqmy ahall never excavmt~ or tear up my public improvamt, sidewalk,
street. alley, road, highray or other wrrfmce wlthwt pecmiaaion frm the Torn
Council Or Torn CMagCr or his authorized representative, given in writing,
except in event of metgency hen the Torn officea are cloasd. The pe'rnission
of th Torn C0~il Or Tom Manager shall not be unr.caorubly withheld. Thia
gmntiq of authority shill aM:y to a11 atreeta DM allep presently platted
or otharwir8 of record. a11 gas earcmcntr presently owned by or dalicated to
tk lm or to the public within thm Tom limita, and -11 eatend to future
atreeta, alleys, 98s casements within territory annexed by th Town unlesa
rervcd by another Cmpany or the TOHI mtifira tha Company in writing that itm
frrnchiae shall mt ba rutmatically crterdad to arch mMurd tarritory. The
Coapsn). sbll be reaponsiblc to remedy any defmcta in repair ark do^ by the
Coapsny for a pcria8 Of tm years after mletim. Th Torn ski1 have the
right to inspect ad supervise any ark on Tom property and improvemanta.
Sectaon 3. lnrn Hrld Ilarmlrss. the Company ahall so maintain ita
stretures, apparatus, aa&ns, pipes and \er aquipent as to afford a11
reouruble protation qalnst injury 06 -90 to persons or property
thrrmfrm. urd th Canpmny oh011 aavo the Torn tmrmlomm frm all liability or
0au90 ma mll r08~~ble -panoes rrceosarIly wcruinq against the tom
oriming out of the aercimo bt th Corap.ny of tho riphtm and privilqem hereby
qrmtad; prowidod th8t th. Wny -11 have bd -tic0 of tho pondmy of
my wtim wain8t th tom arisirq out of ouch oxarcire by tb Coqxny of
mid rrgkta ud privilcgom and bo permittad at it8 m mtp.no0 to oppaar and
Ocfand or assist In the dofo~c of tho rslr. Upon th granting of a franchiao
mder Ulir AgrOa8nt. ttu Cmny -11 rrntmin plblic llobillty inwranc8 in
M mutt rnt her than SSOO,OOO, with on rabr8llr for mt lrm thn
Sl,OW).000, ud ohm11 furnish a certificate to th tan m mhaiq rhkh
insunnca moll cover th Compsny'a liability dor thi8 Aqromant. In lieu
of mid certificota. th8 tompany may furnish tha Totm cnidmca in writing of
mrlf inwrom oc8ting th murts act forth inedlately abova, togethr with
the -8 of itm inmuranee carrier ond ~aowto of public 1i.bility inwranco
for nwtr in ocou of ito melf inurrancr.
Section 4. Chmngea at Company Expense. If at any tiw it ahall bo
;weaaury for th Cmy to relocat. my focility within, on, war, dor,
acrnu or Wvo my mtrrat or public wy to pemit tho Torn to rpb my public
iqra-ant or build my Vlic project, including tha inatallation or
replaement of MY rlter or rclhr lines, mco by the Torn or its sister
povermantal bndia. mh relocation shall be mda by the Company, at ita own
nperur. prmptly after request by the Tom. Such relocation shall be
ac~liohcd by tlm C~npmy after cmsul tation with and approvol of tlm To*n
.nd sbll accomplished in such a manner as to bo consistant with the use of
the plblic ways as herein provided.
Section 5. Non-Exclusive Nature of the Franchise. Tho right to use and
occupy the Street¶. alloys, public eaym and places for the purposes herein met
forth shsll not be exclusive and tha lom rrservcs the right to grant similar
uae8 art other usas by way uf franchise. rev~cabla pemit, or aa otherwise
~thorizcd by law in rid streets aM public waym to any other pcrmn,
partnership or corporation.
ARTICLE 11 1
faction I. Sewice StaMlrd5 and C a. Th Colnpmy ohell mintern
ud a#rate rta plants end rystn and mrrber ufe, .d.qcate, continuour end
efficimt urviem in 1ccotd8nce with ttm rule. and rquletiw of tM
Couiaaron ud the terms and caditlone of thin Ordinanca, including
apreificelly, but mitMut limitetim, th. rollaing nquirmonta:
a. Wetirq value. US sold. upplied md delivermd rnder this
frurlriu rhll ha uintairk et 8 mnthly ever.9. of mt 10.. that 950
British Thmrrl Unite Of hat V~UO per Nbic foot. A cdic hot of gu mum
thmt -mt of gee hich rhcn roturrtd with meter vmpor at l tmpereture of
8ixty dqrrrs (6D.1 rehrenkit ud wbjeet to an mblolutr premrs .quai to
mirty irehas (30.) or aercury, 8t thirty-two dqrre (32.) rehrenhait (14.73
pode per squrre inch) occupres 8 voluar of me (1) c&ic foat. t.8 add
der thie franchise shall be acruretely aesulrd utilizing .staring .quipent
of 8 type 8~prov.d by the Cou8riw1, and tha toap.ny ahall provide tha Town
with opia of celorirrter 4W prrerure mp0rtS m rrqwet.
b. Preamre. Caa prceurra, aa m~emur~d rt tho outlet of Vu
Caprry'a renice to any conamer *ell naver be lne than nquirad by tha
rqulationa of 'tta Coaiuion. me Coqeny ahall rintain a prephie recording
preuurr pup at l point in the dlatributim ayatmm to b. daaigmtad by tha
Tom ma typical of 8vereqc pressure. Clurtr from tho =me 8hllll be amde
~~eil~ble to ttn Tor, periodicelly at its request. Th Company shall elso
keep ml uintmln 8 portable graphic recording gsqa which shall be used at
tha request of the Town or of my custmaer of tlm Collpmy within the limit8 or
Avm. ta test the preaaure at 8ny point in the distribution system *here it
connccte with tha service of 8 custoner. A copy of the testa DM reports from
thcr prugn shll a. kept and shall be .Pbe 8veilsble for insepction in the
hams of th? Cog.ny and in the office of the Tom Clerk by any custmer
cuncarned theremitn.
c. Ezpense of ndjwtmmt. If, after natural gas has been mde
aveilable, It stnuld later be necessary ta revert to mmufactured, artificiel,
or othr auiteble, or mixed 9.8, the &.lp.ny sh.11 defray all ncesrry
cxpmaes incidmt to th 8dju~hnt of dmertic, comnercial and gwerrnental
eppliancaa, IncloQrnp the Ch.nping or rcdrillinp of orifice8 and burners.
0. Hainternnee of System. TI-r Company ahall rsintain its qes
plant aquipent and diatributim syatm ,od condition ad repair at 111
timer.
e. Repira - Notica of Interruptions. Chenrvar it 11 mce-ary to
.hrt off or interrupt aervica for tm purpor of rkinp repaira or
installation. the b-ny -11 do m at ouch time em mi11 emu- thr luat
wvrt of incorvanimco to it1 patrma. and unlearn urh rmpaira are unforsum
and inadiate1y mcalury, it -11 piwe rmsonmble mtico theroof to the
mat-ua. If tk. Cvuy ia mblm to cmfirm receipt of wch notice to my
-tour prior to th. intarrupti~ of yrvico to that M~WC, thon in m
went mall mieo to that NltolOr be matorad until wch tin aa that
customer her bean notifid of the intorruptlon.
I. Rwpair After Destruction. In can th. myatem of th. Cmy
-11 be partly or *holly deatroyd or incapacitatad, th Coapany rhll at
m mpair raid aptem m ea to nnd8r utiafutory mice within tho
adtorteat pr.ctie.010 time.
g. Meter kmraey. A11 gaa rrrieo ahall k upplied throqh
matars which abll accurately mmaure the uornt of 9- upplied to my
emrrcr. Th. Company -11 at my ti- .hen requastad by a conamor nko l
.=st of ttm Kcurq of my gar service meter free of charge; provided first
thmt much meter ha not ben tested within the trlvbmnth period prior to
ach rmquest, and aed, that the cmsmer will ogre to accept the result of
such test made by the brprny aa th. beaia for settling differences claimed.
A written report giving th. reaulta of crery much test shall be mmdm to the
mnutr 3ro requested it. the original record being kept on file at the
offin of tm Cmpmy fm a period of at leaat two yura. The Cmpmy ahall
rake periodic test of meters in AVM in aceoidure with tha requirunenta of
Wm Coaission. Any meter found inrcc;rate upon my teat beyond a tolerance
of tm percent shall rot be returned to service rntil properly adjusted. The
Cmpmy shall mike wailabla at my tilo. to the Ton statmentr indicatiq the
rpuber of metera removed for a11 tests and the rwpber -wed for mmp1.int
'eats. topother with tb meter cmnplornts received and th. rswlta of testa on
vters thet are the wbJat of complsrnt.
h. lhp.. Iha -my Wall prepare and #&bit to tb Board a map
hiq the loeation of ita astribution ayah, showing locatron of shutoff
vdvcr and gates. IM a11 appurtenansea incident to th? distributim systm,
so Iar 8s WCII facilities on reasonably be projuted. The lDsp sh.11 be kept
current By addition of tlm Infomatior :cby rtguired as the system 18
atewad or revised. lf the CMp.ny hi18 to keep uch mbp current nd
providm th. required infomatlm, th. Torn can cruse arh work to be dom, md
cbrqa dl coat thereof to ttm Company.
i. Th Cmny mhall uka rdeqwta prwisim hr providiw wtvica
to cmtmera, arrd it mall k tk. mspmsibllty of th. Cag.ny, in accordonce
dth it. urvica ntuuion mlicy m film ad in aIfact with tho Comhaion,
to atand gn lirrs to the property lins of cuat-rr rho have orderad gas.
kctien 2. Adwwcy of Supply. Tha Coq.ny will at .I1 thn bring the
tam of thlo frnchiu taka all rmmnablm atepa to inrun n MOQUD~D supply
of mtural gas, but if uubla lo raa.snbiy procure ~u me, tha comprny
shall be md in hrcby authorized end raquird to arpply en edequata aount of
rrtiflciel or aixd 0.8 to wtiefy the requitemants of the Tom and It8
i~rbitmnta. ftm tonparty ma11 hmi the right ud o~ipatim to wrpply.
artificial ot mixed 9as, at period8 of peak rruqe or at uch other timas or
for rub other purposas as wlll malt in efficie~ir in oparatian of the
Cmpmny's system, provided that the supply of said othw pa will rpt impair
memica to tte Cmpmyms custmmers tux unrmacnebly incream Lh ratas or
ch.rqea to mid ~to#rs. Such other gas, or mirturea thereof, shall be
-lied by thc Cmnpany in wcordance with applicable rulea ud ordarr of the
Couirsion. If tha Cospony, within r reasonmble period aftar Vw hilure of
tho aupply of natural 9ra. .hall hi1 to mpply artificial or mixd gas, to
its th.n existi- customers or to a srrbst8ntial nubar of the then msiQmts
of AVM requcstifq pas nrwirr, the franchime right. granted herein ahall b.
termi~td 8nd the Torn uy &quire Uu C-nyer proprty and facilities upon
pyment of just cwpenaation as herein defined in Seetima 1 and 2 of Articla
VI .
Section 1. Rates - Regulation. Th tolp~y -11 furnish gea within the
corporata limits of the Tor, or my Udition thereto, except an proridad m
Article 11, Seetion 2. to the Town and it8 inh.bitnt8, and to my persm or
perms or corporation ding busincar in tha Tom or any ddition thereto, st
tha rate8 ad under thc tern md conditions set forth in ttm Rste Schedulu,
Standator for Service, Rulcs and Rcgulat ion., and Setvlre Connoellon mnd
Extenrim Policies rs ore from time t 'me filed with or firred by the
1
bimsion. In the event that my tequlrsory per pramently vested in the
Comirrion oh011 hororftmr be m loqer within rid Comiuion'8 authority, or
my rrrceuor .gbncy, then mid pwar ohm11 bm ded vested in thm Town
touneil of Avor, or in such .geq ma my bm dmd utumlly occeptmble to thm
kctian 2. ho Dircrimimtion. Ihm Conpony -11 mt, me to rmtmm,
chlqu, rrvicm, fuilitimm, rulmm, rbgulmtloru or in my other rmrpcct ukm
nothim In this gmnt -11 ba Lkon to prohibit tho estrbli8lnmt frm tL.8
to ti- of l grMu8tcd wmlm of chaqeo ud clomrifibd rrtm =hoddam to rhlch
my eumtmw mang within mn establirhsd clmuifiemtion cauld ba antitlad.
Sction 3. Sewinor to Custmnerr. 1f brticp ttw tom of thim franchim8
ttu eomt to thm Cosp.ny of my mturml, artificiol or mixd gmm mld udmr
this frurhima im dbCrrBed Dy th federal Enrqy Rapulmtory Comimoim or my
body bring coqetmt jurisdiction belw the comt prmviocnly eotoblished by
th Tamrml Pormr Coanirrion, the Company qrm that it dl1 pama m Lo it8
cmurerm heretnder and reknd to them all my8 by credit to thr conunerm'
ailla or othcniu arising frm such reduction or rmfund, indtding my ercaol
mmucm raaulting from pass-m ineraareo *hem Incramad rmv.nuco havm
uce.dcd tk incrmmed cost of 90s. in accordance with tha Rulu ond
Regulations of thm Co~aisrion.
Section 4. E~tmsions. Ihe Comprny shall frm time to timm &ring the
tea of this franchise make such anlPrgement8 mnd axtentiom of it8
dirtribution iyrtn 8s the kninems of th. Company and the grorth or tho Torn
justify, in reeordance with its Standsmr for Smmiee, Rules ~d Regulmtima,
and Semite Connection and Extension Policie~ far g.8 service currently in
effect and m file and mr ore from tin to tiu filed with or fixed by tho
Comiuion or other competent wthority hvinq jurimdittion of the prcei~m.
Sertion 5. Conolimnee. ?he Colpany, prior to construction a major
rcplwmmt of mny gas distribution or trrnsaisoion lim8, regdotory station
a 0th.~ rtructum within tb ares of Ivon, including the Torn llsitm, ohall
furnish b the To*n ploru for arch facility or facilities and the landscaping
pmpomd thetafor. Such plam ohm11 bm revimwd by tho Torn to ~wra that
a11 app~~cablc laws. ~ncruo~ng buLrolrq BM mmng mats ano aLr eno ucer
pollutim tcgulrtims. we camplied ritn , '. further, thrt resthetic rnd good
a plrmang praneiplw hsve brm glva he c- ,rdrrrtlon.
Th Cmpmy, in the canrtrvctim ud mrintenurr of all its grr marks end
f.cilitirr. rill install, oparrtr and rrintrin dl mch fmcllitier to comply
with rpplica1r lrn ud rogulrtionr of ~oer~, strtr ud fmrrrl gwermrnti.
Section 6. Coop8ntion With Other Utllitlrr. The Company, *on
undertakrrq r project of cmrtrrrtim. mprlr or c8pl.caat involving thr
inrtallrtlon of frcilitlms vdrrgrmd or upon Uu urfrcr, 3ull maperrtr
with tm Torn ad utilities having frilltin in ttm ur arrr with the
aprw derstmnding Uut h Tocner instrllrtim upon ud balor gromd rtull
hwr priority in the public ryr ud 8tmtS.
Section 7. Ruler mnd Re~ulationr. Tha Company frm tlmr to time my
prnmlprte such rules, regulrtions, tern md eonditiorm govrrning th conduct
of its hsiners. including the utilizrtion of gar rrd payment therefor, rM
the intrrfrma with, or rlterrtim of my of ths Coapmyes property uprm tha
promiser of it8 mrtomrs, ar shall ba mwnry to inmrr r continmur and
uninterrupta rcmfcr to rwh rnd m11 of It8 custarrr ad ths proper
n8sur-t thereof and plmt thrmfor, prwidod that thr Company shall mlu
rvrilable to th Torn Clerk of tte Torn upm request Pnd in tte Conpony'r
offitu in temer, blorulo, rvdl.ble to Uu pblic, copier of it8 Rate
Schcaulcs, Standrrdr for Semla, Ruler Repulatiom, ad Servin
Connection and Extension Policirr concurrently in effect end as filed with the .
Comirrion or other competent authority having juridictim in the premises.
Section 8. Contrrcts rvailabilfty. A mpy of any mntrut to which the
Cmputy 1s r party for the purehare of gor frm r pipeline cumpimy or producer
of natural par to providr utlity semire under this frmchisr and 8 copy of
every other such contract of t- CoPpany filed with my state or federal
regulatory agency shall be made avul.ble to the Tow upon its request.
Thc Cwpny aprnr that if the lorn acquires the property of the Compmy
rnder the :ems of thir fr8~hi~8 the Tam shall be entitled to rlro rquirr,
rt its option, an interrrt in said mntrwts to wpply gas that represents the
pro rata sNre of pas currently being mcd to provide utility ~ervice under
this framhir, to th extent pemisrlblr under said catrrtr ad current
finurial obliprtions of bmpany applicable to tho- contruts.
The lorn Ccmc8l or any of its uuthorrred rgents cM11 have Uccrs at all
res.m.bl8 hour8 to the bmkr and rocorr < th Cmpny which in my uy dd
with or' record th gu ~p.catims of the iorprny udtr thla rramhise.
Srtion 9. Reoorts. In additlon to npocta that uy bm 0th8fd88
rtqdcr4 by ordiluncm or chartor of tha Torn or by rtato or foderal regulatory
bdia, Ch Cmpany rhll .ubsit ruch otbr rrportr ra th Tom Cwnci 1 my
frm timm to tin nqurt with rm8p8ct to th mper~tio~ of the Co-pmny rnder
this fraehir and all provib. to Vu Tom, ita qloyeor and agent., thm
detaflr of th8 plm oplrationr as my bm r8qurrt.d by thm offieialr or. 8qrntr
of th Tom.
Setion 1. rrurchisa Payment. A8 a further conaid~ntim for thi8
frurhiae. and rccptmd by the Tom in liw of all occupation ud lic.ru8
tua, eha-a and all 0th.r .p.cial tums, aasesmenta, exeirr or other
iqoutlond levid by tha Tom a th. right to do budruu or upon th. pips,
main&, rctara, or other proporty of th Cmpnny, or other lwiea oneopt uao
tann or any pO~it charge or inmpaction ho that might bo iopoeed. mith.r a8
a frmhieo tu, ocm~ation tax, liewr tax, or otherrim, tho Capury ahall
pay to the Tom aa frane11so psymta a w equal to t rme percent (SLLof tha
&iir\ I~hn5~0ft %%-
amd gnu rnenua derived frm tho ral(of pas, to e.ch curtcmer at one
location. Ttu Company shall pay thn franchise foe aomt on a rmthly bmair
pyala on or befor8 tha thirtieth (30th) day of erh month, for the duration
of the franchiso agroament, for tho imaadiatcly prececding mth. Inttiml and
final ppmtr shall be prorated for the portiona of ttn montha at tho
bqiming MO ud of this franchiro. MjusLMntr for my overpmyment or
udcrprmt previoudy mdc dull bc CorrtCtcd with the imdiotely following
athly p~ymt. for the prtpso of a8eertaini;q or auditing th. correct
mmunt to b. poid uwer th. provlriorv of Chi8 ptrgraph, any official or
outhorlrrd .gat of tha Tom ah811 hove access to the books of tho Comp8ny for
the purpose of chcckiq the grosa revenur received from operations mi thin said
tom. It 18 vlderstood that psyment of Wch frmchise charge doem rpt excuse
th Coqmy frm ppent of either sales and use tsrea, ar property tua, as
ruch taxer are levied frm time to tire. The to.p3ny shall bo required to
mtain my e~eavstlon pemit, or building peroit, if required by Town
'regulat~ona ma pay Ieco required Lo obtain the permit, ~uch poyaont to be In
aditron to Crmnchiao py~nts.
The'toa "grou mmm" 88 u5.d hrein atnll b8 conatrud to rmn my
rwmu dorivd wdor authorizmd rstnl,s pfoyq~ peromnt, within tha
-fir - .I 6 ..i \
Tom frm th. ule of gas after the mt mritcoff of mcollcctiblo wcountr
and correctiuu to bills thoretofore rerdored.
Section 1. Puretun Dptim. At my tia after fire yoarm frm the
off.ctivo &to of this fr.ncNao, aa continuing for the balurco of thm tom
of rueh fronchiw or my extauim ther~f, th Tom all hawe the right,
option 8nd privi1.g. of purctmaing the mny's mtire plmt ond distributim
syrtm operatinq in th Town for a purctmn price mpresentinp the fair market
valw of Um mystem (the entire rystm 3ull inelud. all 8ddition8 ud
extmsi- to tho origins1 systa). If the partlea are not &lo to qroo to
tb fair mrket vduc, a~~h wlu sh8U be dotomind through biMing
arbitratim. In e8n of such arbitratim, orh p8rty ahall chooae on
araitrator, vld th to arbitrators sm mun stall *or a third arbitratoi,
m shall b. chaiaan of th arbitration pa-1. Tim costs of arbitration
aholl be divided eqdly betren the partiea. Tho Compny and tho Tow agree
to negotiate mean8 to limit severance dmaga, inddlng rqulsitlon of sy6te.r
was custorarr artsrae ttm lorn.
. Section 2. Acouisltion Of Complw Property. Tho purcluse price of the
sptm set forth in Seetion 1 of this Article is a method of rquisition of
tho systa by the Toun, hieh is altemrtive to any other lawful meam of
wquirirq title to tho system by the Tom, and said right and privilege of
purctmsing tlm Company's entire syrtm ohsll be in 8dUition to all of the
riphtr ad privileges grurted ard rcaorwsa to the Tom by tb. law8 of the
State of Colorado in Sil mttars nlatirq to franehiaea. The Tom torncil may
authorize th uquiaition of such property by ordinma. The Tom retains the
right to uquire property outside the Torn linits by condcnrvtlon or
Lhrwir, as grmtd by tb Color& Cmstitutim, rapardleso of whether tho
aymtum w~thin ctu Tom is =wired purwsnt to this ketion by condmrution or
ottetriae.
Sect~on 3. Ten-f ffrct ~vc Ihtc. 1h1r ord1nnnCc sh.11 be In full force
a* affect frm and after its pasap, e~ a1 and publlcatian, aa requ~red
by lr, ad tm terms, cowit~ons and mvwunta hereof hll rmdn in full
force ad affct for a period of twenty (20) yara frm ud after the
effutivr 'htr follo~mq final pansa~e.
Saction 4. Proewurr After Ternination or Revocation. If the Torn
Cwncil shall at my ti- rWOk@ this frurhiar or at the end of th taro tha
Tom Corncil -11 drtamrn (6) uh8th.r the -y shall continu to op.ratr
ond urntain iU plant arb4 ayatr Cot diatributim to pr~idc 9~s rniea to
th. raudmta of Avm, pending tha duiaim of the micipdity ar to
rrlettinp th franchiu or th purehme by th. Tom of said plant d
distribution ryatu, (b) &thr tha plant ud dirtribtion syatr -11 ba
token over ad maintained ad operatd by th Tom in trurt for Lh. Compmy
until such decision Ma hen reached, or (c) tdmthtr thr Tor, Cou~til ah11
draipnte ulothr party to taka mar, maintain ad operata said plant and
distribution pending uCh decision.
Saction 5. Reawl. Upon thc upiration of this franchiu, if th.
Eapmy shall not hmr rqufrrd an atmaim or rammal thrrmf ad accepted
--, it ir Mmby grantrd thr right to nter upon thr atreeta, dleya,
dribpn, ri.duet., rods, lama and 0Lh.r public places of th Tom for the
purpon of mmminp any or all of ita plmt., atructurre, piper, uina, or . .
cquipent prrtainirq tkrrto, at my tima after th Torn ba received writtan
mtlce of the Companyea intent to raw# my of th. above md the Torn he .bd
uaplr tiam and opportunity to putcbec, condam or rtplace them. Prior to the
rmovrl of my of its plants, structures, pipla, mains or equipment, th.
Caqmy shall pat a bond with ttu Tom Clerk in m mrnt equal to tw (2)
tima the estimated cost of runoval and restoration. Thr Tonn Courcil shll
have th right to ruim and adjust my such estiutes of the cost of removal
md restoration. In so rming mid pipes, maim or other property, ths
Cmpy shall, et its om expenae, and in -a rorkmalike manner and in
atcordrncc ~rtn lorn Ordinances and Regulations and those of its dater
narmentr, refill my seavations that shall be made by th tol~psny in thr
gravelled or paved strecta, alleys, bridges, viaductr, rouh, Isma and other
puslic placer after th removal of its maim, pipea or otbr structures. If
th Compny tus not squired an extension or rrraul of its frnnchiar dthin
one year after its termination and tus not rmoved itn plants, atructurcr,
at rto optim requim th Cmpmy to rm said faeilltioa ot ttm Compmyma
bpona,'or Uu Tom my wire 011 th. right. of tho Company in mid
proputy in uco- with Sctiono 1 and 2 of this Article.
Section 6. m. Lteo clurged by tho tompony for oorvico kredor
dm11 be fair ord ruoMlblo ord designad to mat 011 nreosory mot. of
oerrice, including 0 hir r~te of roturn On tho mt volurtion ot it.
pmpwtin dwotad thmto, vder rfficimt and .co~licol urugunt. Tho
Coq.ny qreco Uut lt oh011 bo rubJct Lo all outhorlty mu or hrooftor
pasumad by .ny rqulotory body hovirq juriodlctlm Lo fix juot, ruomablo,
.nd --tory p.0 rotu. Tlu Colp.~ further 4meo that tha oyotr ohm11
be dni~nd ord nnotructod ord murcm or 0.0 utilizod u to providn th mot
teowic dnelopont md tovoroble mte otrrrture poosiblo, takirq into
=aunt deliverability of goo, resmro ord othor pertlrmt mnditim.
Section 1. Aaaiq-t. Th Co.p.ny arm11 mt oooign thlo Cronehim, or
tho right. grmtsd horewder, witbut firot obtoinirq urittrn opprovol of tho
tom Couull; praidd, bmovor, thot thio cordition oh11 not bo conotrued to
rmrtrict or pmmt th io~m ot Wo, d~ontureo or other widones of
ird&t.bru, or tho iooum of odditionol stock, needed or umful for tho
wrpor of finncirq tha ryotr or my portion of it.
Section 8. E. Within fifte~ (15) drys rftrr thm tom hom. edoptd
trua Frurhix Agreoaent, tlm Cmpq ohall deposit with the tom Cle* 0 bond
in the pen1 ma of fifty Thousand Dolloro (SS0,OM.m) executed by tha
Capony with wrcty to be approved by th town, conditloncd upm cmpllonco
rlth the terms of this Ordinvlce end further mMitioncd thot the Company ond
ito surety shall py to the Town a11 Casts, apanoeo on6 domopu reaultirq to
trm Tom from tho friluro of the bapny to colnply with the tcrao of thio
Ordirunce, ord further conditioned that tk ton ohdl r.Fover a11 mato ond
espmar incurred in enforcing mllection of mid bond. Such knd rblL br
mintrind rn full tarem rrd eftatt durinp tb period of thio trsnchioe, and
dditionml security uy b. required fraa tin to time, or mcurity may b.
rdjwtod, revload m urbotitutad upm writtan cmrnt ot the torn.
Section 9. forfeiture. the Torn mservoo tho riqht to declare 0
forfeiturn of thio fmrchise for the breach af 0 odmtontiol and mrteriol
provision thmrwf. h forfeiture aha11 be declared mtil tho eorpsny oh11
hova hod .n opportunity to b. herd and to corroct tb 0llog.d brcrh. Upm
failure of the Company to exercise r' ?onable dilligence to correct such
cgnditiop, Che Town may declare thfr anchire forfeited. In the event
that this franchise ia forfeited, then the Company agrees to continue
to render service for a period of sir(6)laontJm to give the Town
time to decide upon its course of action.
Section 10. Severability. If any portion of this Ordinance is for
any mason held invalid or unconstitutional by any court of competent
jurisdiction. auch portioa shall be deemed a separate distinct and
independent provision, and much holding sh.11 not affect the validity
of tho remaining portion of thia Ordinance.
Section 11. Resewed fights. The right is hereby reserved to the
Town to adopt, from time to time, in addition to the provisions herein ,
antained, auch srdinmcms aa may be dammed mcesoary in the exercise
of its police power, provided that such mgulstions shall be reason-
able and not deatructivc of the rights herein grsnted.4 and not in
conflict with the law8 of the State of Colorado, or wit? orders of
other authorities having jurisdiction in the premises, except as
pedtted in the exercise of the Town's ghome ruleg powers granted by
Azticle XX oof the Colora&~Conatitution. This franchise shall be
subject to a11 valid and effective provisions of the Town Charter
whether enumerated herein or not.
ASSED on first reading this 26th day of April , 1983.
PASSED on second reading this 24th day of Hay , 1983.
Patricia J.
ORDINANCE NO. 89-13
AN ORDINANCE AMENDING A GASEOUS FUEL FRANCHISE
GRANTED BY THE TOWN OF AVON, EAGLE COUNTY,
COLORADO, TO PUBLIC SERVICE COMPANY OF COLORADO,
ITS SUCCESSORS AND ASSIGNS
Be it ordained by the Town Council of the Town of Avon, Eagle,
County, Colorado:
Section I. Ordinance No. 83-20 Series of 1983, pertaining tc th2
Public Service Conpany franchise is hereby amended as follows:
A. Article V, Section 1. Franchise Pavaent is repealed and
re-enacted as follows:
Section 1. Franchise Pavrect. As a further consideration
for this franchise, and acceptsd by the Town in lieu of all
occupztion and 1Fcease tax~s, charges and all other special
taxes, assesnents, excises or other impositions levied by
the Town on the right to do business. or upon the pipes,
mains, meters, or other property of the Company, or other
levies except use taxes or any perziit chsrge or inspection
fe~ that tight be irposed, either as a frs.r,chis~ tax,
occupztion tax, licence t~i:, or otherwise, the Conpany
shall pay to the Town as frenchise paynents a sua equal to
three perc~nt (3%) of the annual gross revenues derived
frox the sale an2 transportation of gas, to each customer
at cne location. Thc Cozpany shall pay the franchise . fee
axount on a monthly basis payable on or before the
thirtieth (30th) dty of each aocth, for the durztion of the
franchise agreezent, for the Inredlareiy preczeding aonth.
Initial and final payments shall be prorated for the
portions of the r.onths at the becinning and end of this
franchise. Adjust~ents for any ~verpayrrent or underpayn!ent
previously nade shall be ccrrected with the inmedietel;-
fcllowing cionthly payzent. For the purpose of ascertaining
or auditing the correct aXoant to bc paid under the
provisions of this paragraph, any official or authorize6
agent 3f the Town shz.11 have access to the books of the
Cozp~ny fcr the purpose of checking the gross rever~ue
r~c2ive6 fro? operzticns wit2in said Town. It is
understood that FZ~IEC~ O: SUC~ franchise charge does not
excuse the Cozpany fro= payzent of either sales and use
taxes, or property tzxes, as such taxes zre levied fror
ti~2 to tine. The Cos?any shall be required to obtain any
~xcavation p~rzit, or bullding perzit, if required by Town
regulations and p~y fees reqaired to obtain the permit,
such pzy~ent to be in addi~icn to franchise paynentr. The
tera "gross revenue" 2s used herein shall be construed to
ZeaZ any revenxe derived xnder authorize6 rates, tenporary
or perranent, nith:~ tke rn A.~~n frox ths sale and
tra2spcrtztion c~f gas after the net write-off of
urcoll~ctible accoucts an5 correc:ions to bills theretofore
renderee.
B. X new Section 2 of J-rticle V Is enacted as follows:
term, the Town Council, upon giving thirty (30) days notice
to the Conpany of its intenticn so to do say review and
change thc consideration the Town nay be entitled to
receivc 2s a part cf the frznchise; provided, however, the
Council ray only chasgc tk consideration to be received by
th2 Tcwn undcr th~ tcrzs of this franchise to t.5~
equivalent of tt:~ consideration paid by the Conpanp to any
city c.r town in tbe Stcte of Colorado ir. whi'ch the Coxpar~y
supplies gas scrvice under fracchise.
The Coxpay stall, :Lpcn reqzest, report to the Tow> wicliir.
sixty (60) days of the execution of a subsequent franchise
or of any change of franckise in other ~unicipalities that
could have a significant financial irpact on the
consideration ro be 6 k.- the Cozpany to the TOWE
hereunder. If the T2wr: Cocacil decides the consideration
'shall SE so changcS, it shall prcvi2c fcr scch change by
ordinance; provided, h~wever, that any change in the
franchise fee is t?ien allow~d to be surcharged by t3~
Coz?any; and provice?, furthzr, rhzt the con side ratio^ is
not high~r than 2 hich?st co~sideration paid by the
Cor.pzny to any mnicipzlity within the State of Colorado.
. . For purpos~s c: zs Secr ior-. co~sid~ratior: ?:sans ths
franchise fee estzbliz!-:cd in ;.rticle V, Secticn 1, and also
includes any 0th~- ?rc.vision which is of siriilar
significant fir~?.nci?l bczefi: :o thc Town.
section 11. This Ordinance is deemd necessary for the protection of
the health, safety and welfare of the citizens of Xvon.
Section 111. ff any article, section, paragraph, sentence, clause or
phrase of this Ordinance is held to b? unconstitutional or invalid for ar,y
ressoz, such decisioz shall not affect the validity or constitutl~zslity
of the reraining portions of this Ordinanc~. The Town Council h~reby
cj~cla1-e~ that it would hzvc passee this O-dinancc and each part or parts
her~of irres~ective of the facr thzt any onc part or parts hcreof be
declar~d c~consticutional or In-,:slid.
INTRODUCED, REA3 A1.13 PASSSD OK FIZST READIIJG AT A REGULAR MEETING
TEE T3WY COUNCIL OF THE TOW!: OF AVO!:, COLORADO, this 12th dey of
September , i989.
?.:-c:~ ~0~1.: COUlICIZ; OF THE TOW!.: OF AVOIJ, COLORADO, this 10th day cf
October , 1989.
ORDINANCE NO. 03-09.
SElUES OF 2003
AN ORDINANCE AMENDING ORDINANCE NO. 83-20,
SERIES OF 1983, GRANTING A FRANCHISE TO PUBLIC
SERVICE COMPANY OF COLORADO
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Section 3 of Article VI of Ordinance No. 83-20, Series of 1983, is
amended to provide as follows:
"Section 3. Term-Effective Date. This ordinance shall be in full force and effect
from and after its passage, approval and publication, as required by law, and the terms,
conditions and covenants hereof shall remain in full force and effect through May 3 1,2004."
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 13th day of May, 2003, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 27th day of May, 2003, at 520 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, ~ayk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 27th day of May, 2003.
APPROVED AS TO FORM:
Jo W. Dunn, Town Attorney m
EXHIBIT 2-A
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-06
SERIES 2004
AN ORDINANCE OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO,
GRANTING BY FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO,
ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT TO USE THE
STREETS WITHIN THE TOWN TO FURNISH, SELL, TRANSPORT AND
DISTRIBUTE GAS TO THE TOWN AND TO ALL RESIDENTS OF THE TOWN,
GRANTING THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE,
MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH THE TOWN
ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL, TRANSPORT
AND DISTRIBUTE GAS WITHIN AND THROUGH THE TOWN; AND FIXING THE
TERMS AND CONDITIONS THEREOF.
WHEREAS, Public Service Company of Colorado has filed it application with the Town of
Avon, Colorado, for the granting to it by the Town of Avon of a franchise in terms as hereinafter
set forth; and
BE IT ORDAINED BY THE TOWN COUNCIL OF AVON, EAGLE COUNTY, COLORADO:
ARTICLE 1
DEFINITIONS
For the purpose of this franchise agreement, the following words and phrases shall have
the meaning given in this article. When not inconsistent with context, words used in the
present tense include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number. The word "shall"
is mandatory and "may" is permissive. Words not defined in this article shall be given
their common and ordinary meaning.
Touncilft or "Town Council" refers to and is the legislative body of the Town of Avon,
Eagle County, Colorado.
"Company" refers to and is Public Service Company of Colorado, its successors, assigns,
affiliates and subsidiaries.
"Facilities" refer to and are all apparatuses reasonably necessary for the Company to
provide gas service into, within and through the Town, including but not limited to
plants, works, systems, substations, equipment, pipes, mains, conduit, gas compressors,
Ordinance No. 04-06
Page 1 of 13
meters, meter reading devices, communication and data transfer equipment, control
equipment, gas regulator stations,.
''Party1I or "Parties" refers to and includes the Company and the Town, either singly or
collectively as the context requires.
"Public Utilities Commission" or "PUC" refers to and is the Public Utilities Commission
of the State of Colorado or other state agency succeeding to the regulatory powers of the
Public Utilities Commission.
"Residents" refers to and includes all persons, businesses, industry, governmental
agencies, and any other entity whatsoever, presently located or hereinafter to be located,
in whole or in part, within the territorial boundaries of the Town.
"Revenues" refer to and are those amounts of money which the Company receives from
its customers within the Town from the sale of gas under rates authorized by the Public
Utilities Commission as well as from the transportation of gas to its customers within the
Town and represents amounts billed under such rates as adjusted for refunds, net write-
off of uncollectible accounts, corrections or regulatory adjustments. Regulatory
adjustments refer to, by way of explanation, but not limitation, credits, surcharges,
refunds and pro-forma adjustments pursuant to federal or state regulation.
"Streets" refer to and are streets, alleys, viaducts, bridges, roads, lanes and other public
rights-of-way in the Town. "Streets" shall also include public easements and other public
places within the Town that are suitable locations for the placement of Facilities.
"Town" refers to and is the municipal corporation designated as the Town of Avon, Eagle
County, Colorado.
ARTICLE 2
GRANT OF FRANCHISE
$2.1 Grant of Franchise. The Town hereby grants to the Company the right to use the Streets
within the Town to furnish, sell, transport and distribute gas to the Town and to all
Residents of the Town. The Town also hereby grants to the Company the right to
Ordinance No. 04-06
Page 2 of 13
acquire, construct, install, locate, maintain, operate and extend into, within and through
the Town all Facilities reasonably necessary to furnish, sell, transport and distribute gas
within and through the Town. These rights shall extend to all areas of the Town as it is
now constituted and to additional areas as the Town may increase in size by annexation
or otherwise.
If the boundaries of the Town are expanded during the term of this franchise, the
Company shall extend service to Residents in the expanded area at the earliest practicable
time and in accordance with the Company's extension policy. Service to the expanded
area shall be in accordance with requirements of the PUC and the terms of this franchise,
including payment of franchise fees.
The rights granted by this franchise are not, and shall not be deemed to be,
granted exclusively to the Company, and the Town reserves the right to make or grant a
similar franchise to any other person, firm, or corporation.
Except as otherwise specifically provided herein, the Town retains the right
through the exercise of its police power to use, control, and regulate the use of the
Streets, and the space above and beneath said Streets. The Town retains the right to
impose such other regulations as may be determined by the Town to be necessary in the
reasonable exercise of its police power to protect the health, safety, and welfare of the
public.
52.2 Term of Franchise. This fianchise shall take effect upon its adoption and shall supersede
any prior franchise grants to the Company by the Town. The term of this franchise shall
be twenty (20) years.
ARTICLE 3
FRANCHISE FEE
3 Franchise Fee. As consideration for the franchise rights granted herein, and in
recognition of the fact that the grant to the Company of the right to use Town Streets is a
valuable right, the Company shall pay the Town a sum equal to three percent (3%) of all
Ordinance No. 04-06
Page 3 of 13
Revenues received from the sale and transportation of gas within the Town, excluding
revenues received from the Town for the sale of gas to the Town.
Surcharge of Franchise Fees. The Company shall charge a franchise fee to all Town
residents that use facilities of the Company in Town Streets to obtain gas. No franchise
fee shall be charged to the Town for gas service provided to the Town for its own
consumption.
Remittance Schedule. Franchise fees that are collected from Residents shall be remitted
by the Company to the Town in monthly installments not more than thirty (30) days
following the close of each month. All payments shall be made to the Finance Director.
In the event that either the Town or the Company discovers that there has been an error in
the calculation of the franchise fee payment to the Town, the error shall be corrected in
the next monthly payment, subject to the following provisions: In the event an error by
the Company results in an overpayment of the franchise fee to the Town in excess of
$5,000, credit for the overpayment shall be spread over the same period the error was
undiscovered; if the overpayment is $5,000 or less, credit shall be taken against the next
payment. In no event shall either Party be required to refund any over- or underpayment
more than 3 years from the date of the over- or underpayment.
Audit Rights; Protection of Confidential Information. The Finance Director, or his or her
agent, shall have access to the metering records of the Company during normal business
hours upon reasonable notice for the purpose of auditing to ascertain that the franchise
fee has been correctly computed and paid. Except as provided in Section 3.6, all
information obtained by the Finance Director during a franchise fee audit shall be kept
confidential and shall be utilized for the sole purpose of verifying that the franchise fee
has been correctly computed and paid.
Enforcement of Town Sales and Use Tax Laws. The Town may use the metered
information obtained from franchise fee audits for the purpose of enforcing its sales and
use tax laws. Upon request by the Town, the Company shall supply the Town with a list
Ordinance No. 04-06
Page 4 of 13
of all suppliers of gas that utilize Company Facilities within the Town Streets to sell gas
to Town Residents.
93.6 Franchise Fee Payment in Lieu of Certain Taxes and Other Fees. The Town accepts
payment of the franchise fee by the Company in lieu of any occupation tax, occupancy
tax, license tax, or similar tax or fee the Town might charge the Company or its
subcontractors for the privilege of doing business in the Town, for the use or occupation
of Town Streets, or for the installation, operation and maintenance of Company Facilities.
Payment of the franchise fee does not exempt the Company from any lawful taxation
upon its property or from any other tax not related to the franchise or the occupation or
use of Town Streets, including the payment of head taxes, sales taxes or other fees or
taxes assessed generally upon businesses.
ARTICLE 4
SUPPLY, CONSTRUCTION AND DESIGN
4.1 Obligations Regarding Company Facilities. The Company shall install, maintain, repair,
renovate and replace its Facilities with due diligence in a good and workerlike manner.
Company Facilities shall not interfere with the Town's water mains, sewer mains or other
municipal uses of the Streets. The Company shall construct and maintain its Facilities in
such a way as to minimize interference with trees and other natural features. The
Company shall install underground all gas pipelines serving new residential subdivisions.
54.2 Excavation and Construction. All excavation and construction work performed by the
Company shall be done in a manner that minimizes inconvenience to the public. All
property disturbed by Company excavation or construction activities shall be restored by
the Company at its expense to substantially its former condition.
54.3 Relocation of Company Facilities. The Company shall relocate, at its expense, Facilities
in the Streets that interfere with a public project undertaken and paid for by the Town
with public funds. The Town shall provide at its expense sufficient right-of-way for the
Company to relocate its Facilities. The Company shall relocate its Facilities at the
Ordinance No. 04-06
Page 5 of 13
request of the Town or other person to avoid interference with other non-publicly-
financed projects, but the expense of the relocation and the new right-of-way shall be
paid in advance by the Town or by the person conducting the project and requesting the
relocation. Relocation shall be completed within a reasonable time after a request and
payment therefore is made (if applicable). In the event that the Town requests the
Company to relocate the same Facilities within five (5) years of completion of a prior
relocation, the subsequent relocation shall be at the Town's expense. Underground
Facilities shall be relocated underground. Above ground Facilities shall be relocated
above ground, unless the Town pays the additional cost of relocating above-ground
Facilities underground .
54.4 Town Not Required to Advance Funds. Upon receipt of the Town's authorization for
billing and construction, the Company shall extend its Facilities to provide gas to the
Town for municipal uses within the Company's certificated service area, without
requiring the Town to advance funds prior to construction. Nothing in this section shall
release the Town from the obligation to pay for the extension of Facilities once complete,
in accord with the Company's gas tariffs on file with the Public Utilities Commission.
ARTICLE 5
COMPLIANCE
55.1 Compliance with Applicable Laws. The Company and all of its contractors shall comply
with all applicable Town laws, ordinances and regulations. The Company shall require
its contractors working in the streets to hold the necessary licenses and permits required
by the Town.
55.2 Compliance with Town Requirements. The Company will comply with all Town
building and zoning codes and requirements regarding curb and pavement cuts,
excavating, digging and related construction activities.
Ordinance No. 04-06
Page 6 of 13
85.3 Inspection. The Town shall have the right to inspect any portion of the Company's
Facilities in the Town Streets. The Company agrees to cooperate with the Town in
conducting the inspection.
ARTICLE 6
PUBLIC UTILITIES COMMISSION REGULATION
6.1 Compliance with Orders bv the Public Utilities Commission. The provision of gas
service by the Company is regulated in whole or in part by regulatory agencies including
the Public Utilities Commission. The Company is obligated by law to comply with all
lawfbl PUC orders, rules, and regulations. The Town shall impose no obligation on the
Company that interferes with the Company's ability to comply with lawful regulatory
orders, rules, and regulations.
86.2 Certificates to Exercise Franchise Rights. The Town agrees to assist the Company, if
necessary, in obtaining PUC approval of a certificate to exercise the franchise rights
conferred under this Franchise, including negotiating a change to any provision of this
franchise agreement which the PUC may require in order to obtain the certificate.
ARTICLE 7
TOWN USE OF COMPANY FACILITIES
7.1 Trenches Available for Town Use. If the Company opens a trench to install its Facilities,
the Company shall provide advance notice to the Town to permit the Town to install
Town Facilities in the same trench at the Town's expense. The Town's installation of its
Facilities shall not interfere with the Company's Facilities or delay the commencement or
completion of the Company's construction project.
ARTICLE 8
INDEMNIFICATION OF THE TOWN
8.1 Town Held Harmless and Indemnified. The Company shall indemnify, defend and hold
the Town harmless from and against all liability or damage and all claims or demands
Ordinance No. 04-06
Page 7 of 13
arising out of Company's operations within the Town pursuant to this franchise. The
Town shall provide prompt written notice to the Company of the pendency of any claim
or action against the Town arising out of the exercise by the Company of its franchise
rights. The Company shall be permitted, at its own expense, to appear and defend or to
assist in defense of such claim. The Company shall not be obligated to indemnifl,
defend, or hold the Town harmless to the extent any claim, demand or lien arises out of
or in connection with any intentional or negligent act or failure to act of the Town or any
of its oficials, agents or employees, or to the extent that any claim, demand, or lien arises
out of or in connection with the use of Town facilities.
58.2 Pavment of Ordinance Expenses. The Company shall reimburse the Town for actual out-
of-pocket expenses incurred in publishing notices and ordinances and conducting
elections related to this franchise.
ARTICLE 9
TRANSFER OF FRANCHISE
9.1 Consent of Town Required. The Company shall not transfer or assign any rights under
this franchise to an unaffiliated third party, except by merger with such third party, or,
except when the transfer is made in response to legislation or regulatory orders, unless
the Town shall approve in writing such transfer or assignment. Approval of the transfer
or assignment shall not be unreasonably withheld.
89.2 Transfer Fee. In order that the Town may share in the value this franchise adds to the
Company's operations, any transfer or assignment of rights under this franchise
requiring the approval of the Town under 59.1 shall be subject to the condition that the
transferee shall promptly pay to the Town a transfer fee, which shall be calculated by
multiplying one million dollars by a fraction of which the numerator equals the then
population of the Town of Avon which is served by the Company, and the denominator
equals the then population of the City and County of Denver. Such transfer fee shall not
be recovered from a surcharge placed only on the rates of Town Residents.
Ordinance No. 04-06
Page 8 of 13
ARTICLE 10
MUNICIPALIZATION
$10.1 Town's Riaht to Condemn. During the term of this franchise, the Town agrees not to
condemn the Facilities of the Company or to otherwise restrict the Company's
opportunity to conduct business in the Town, except as specifically provided in C.R.S.
tj 31-15-707.
$10.2 Operation of a Municipal Utility or Competing Distributors. If, during the term of this
franchise, the Town operates a municipal gas utility or issues to another entity a franchise
to use the Streets for the placement of gas Facilities, the Company shall no longer be
required to collect and pay franchise fees under Article 3 unless substantially the same
terms and conditions apply to the service provided by the Town or by the other entity. In
addition, the following sections of this franchise shall no longer apply to the Company
unless substantially the same provisions are applicable to all other gas distributors,
including the Town: Articles 3.3,3.4,3.5,4.1,4.2,4.3, 5.1, 5.2,5.3, 7.1,9.1 and 9.2.
ARTICLE 11
UNCONTROLLABLE FORCES
tj 1 1.1 Uncontrollable Forces. Neither the Town nor the Company shall be in breach of this
franchise ordinance if a failure to perform any of the duties under this franchise is due to
uncontrollable forces, which shall include but not be limited to accidents, breakdown of
equipment, shortage of materials, acts of God, floods, storms, fires, sabotage, terrorist
attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of
government and other causes or contingencies of whatever nature beyond the reasonable
control of the party affected, which could not reasonably have been anticipated and
avoided.
Ordinance No. 04-06
Page 9 of 13
ARTICLE 12
BREACH
5 12.1 Breach. If the Company fails to perform any of the terns and conditions of this franchise
and such failure is within the Company's control, the Town may notify the Company of
the specific failure and shall allow the Company a reasonable time within which to
remedy the failure. If the Company does not remedy the failure and the failure is of a
substantial nature, the Town Council may terminate this franchise after a hll evidentiary
hearing. Termination of the franchise shall be by no less than 75% vote of all members
of the Town Council.
5 12.2 Judicial Review. Any such termination of the franchise shall be subject to judicial review
as provided by law.
ARTICLE 13
AMENDMENTS
513.1 Amendments to Franchise. This franchise may be amended only by a writing signed by
both the Company and the Town, which is approved in the same manner as is required
for the passage of this ordinance.
ARTICLE 14
MISCELLANEOUS
514.1 Successors and Assigns. The rights, privileges, franchises and obligations, in whole or in
part, granted and contained in this ordinance shall inure to the benefit of and be binding
upon Public Service Company, its successors, assigns, affiliates and subsidiaries.
5 14.2 Third Parties. Nothing contained in this franchise shall be construed to provide rights to
third parties.
514.3 Representatives. Both parties shall, from time to time, designate, in writing, represen-
tatives for the Company and the Town to whom notices shall be sent regarding any action
to be taken under this ordinance. Notice shall be delivered in person or by certified mail
to the persons and addresses hereinafter stated, unless the persons and addresses are
Ordinance No. 04-06
Page 10 of 13
changed at the written request of either party. Until any such change shall be made,
notices shall be sent as follows:
To the Town:
Town Clerk
Town of Avon, Colorado
P. 0. Box 9 75
Avon, CO 81620
To the Company:
Cynthia Evans
Vice President
Public Service Company of Colorado
P. 0. Box 840
Denver, CO 80201
$14.4 Surcharge to Town Residents. The Company shall be permitted to surcharge to residents
of the Town the franchise fee payments it makes to the Town. The Company shall be
permitted to surcharge to residents of the Town any other payments it makes to the Town
only to the extent and in the manner permitted by law or as otherwise ordered by the
PUC.
$14.5 Severability. Should any one or more provisions of this franchise be determined to be
illegal or unenforceable, all other provisions nevertheless shall remain effective;
provided, however, the Parties shall forthwith enter into good faith negotiations and
proceed with due diligence to draft a substitute term that will achieve the original intent
of the Parties hereunder.
$14.6 Entire Ameement. This franchise constitutes the entire agreement of the Parties with
respect to the matters contained herein and supersedes any and all prior written or oral
agreements, negotiations, correspondence, understandings and communications with
respect to this franchise.
$14.7 Headinns for Reference Only. The headings in this franchise are for reference only and
convey no substantive rights or impose no substantive obligations on the Parties.
Ordinance No. 04-06
Page 11 of 13
514.8 Responsibilitv for Lanmage. The Town and the Company hereby acknowledge that each
bears co-extensive and identical responsibility for the language in this franchise. In case
of ambiguity, there shall be no presumptions based upon responsibility for drafting this
franchise.
$14.9 No Waiver of Rights. Neither the Town nor the Company waives any rights under the
statutes and constitution of the State of Colorado or of the United States except as
otherwise specifically set forth herein.
514.10 Prevailing Party. In any judicial or administrative action to enforce any of the terms or
conditions of this franchise, the prevailing party shall be entitled to recover its costs and
expenses incurred in such action, including reasonable attorney fees.
5 14.1 1 Approval of Franchise. The Company shall promptly file, in writing, its acceptance of
this franchise and of any amendment of this franchise following the Town's final
approval of the same. The failure to file such an acceptance within 45 days of said final
adoption shall be deemed an acceptance of such franchise or amendment thereof.
INTRODUCED, READ, PASSED ON FIRST READING AND ORDERED POSTED THIS
aP DAY OF ~PGL , 2009. A PUBLIC HEARING ON THIS
ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TOWN COUNCIL
ON THE I\* DAY OF , ~~Y.AT 5:30 PM IN THE COUNCIL
CHAMBERS, AVON 400 BENCHMARK ROAD, AVON,
COLORADO
Albert D. Reynolds, ~a~br
I
Patty flc~bnn~, ~owl(0erk
Ordinance No. 04-06
Page 12 of 13
INTRODUCED, PASSED, ADOPTED AND APPROVED ON SECOND READING AND
ORDERED POSTED THIS 1 I& DAY OF mx ,2003
Albert D. Reynolds, ~a~oi
APPROVED AS TO FORM:
Publication Dates:
ACCEPTED:
PUBLIC SERVICE COMPANY OF
Ordinance No. 04-06
Page 13 of 13
EXHIBIT 3
See Map 9
I
EXHIBIT 4
AFFILIATES OF PUBLIC SERVICE COMPANY OF COLORADO
As of August 21,2000
Name of Company
- - 1 Xcel Energy Inc. ("~cel Energy") 1 1480 Welton, Inc.
BCH Energy, Ltd. Partnership
Bear Energy Corp.
Black Mountain Gas Company
Borger Energy Associates, L. P.
Borger Funding Corporation
Cadence Network, Inc.
Cambodia Power Company
cGiiini&gy, ~td.artnershi~
Cheyenne Light, Fuel and Power
Chippewa and Flambeau
Improvement Company
Clearwater Investments, Inc.
Cogeneration Capital Associates,
Inc.
CPC Ltd. Partnership
Denver City Energy Associates LP
Ditch and Water Companies
Dragon Energy Corp.
E Prime (Belize) Ltd.
E Prime Florida Inc.
E Prime Georgia, Inc.
1 Organization State of
Organization
Minnesota
Colorado
' Corporation I British Virgin
Islands
Ltd. ~artnershi~ [ Delaware
Corporation I Wyoming
Corporation I
Corporation Wisconsin
Ltd. Partnership
Ltd. Partnership
I
Caymen Islands
Delaware
Corporation
I
Corporation I Georgia
California
Ownership
Publicly Held
100% PSCo
42.2% Quixx
50% Dragon
Energy
100% Xcel Energy
.45% Quixx Borger
44.55% Quixx
Resources
100% Borger
Energy
New Century -
Cadence 22.22%
50% CPC
1% Quixx ~aroliG
100% Xcel Energy
76% NSP-W 24%
various
100% NSP-W
100% Planergy
Services
1 % Bear Energy
0.5% Quixx
Mustang 49.5 %
Quixx Resources
100% Quixx Corp
100% E Prime
100% E Prime
100% E Prime
1 Type of Business
--- -
1 Holding Company
1 Holds PSC Real Estate
Inactive
Holds 1 % GP in CPC Ltd.
partnership which holds 50%
in Cambodia Power, which is
developing 60MW naphtha
fired power plant in
Cambodia
Distributes natural gas
Owns Blackhawk Station
Co-issuer wIBorger Energy of
bonds for construction of
Blackhawk Station
Energy Efficiency Practices
Developing 60 MW naphtha
fired power plant in
Cambodia
Inactive
Purchase, transmission,
distribution and sale of
electricity and natural gas.
Operates hydro reservoirs
Owns interests in affordable
housing projects
Limit liabilities associated
with borrowing agreements
Holds 50% interest in
Cambodia Power Co which is
developing 60 MW naphtha
fired power plant in
~ambodia '
Owns 50% interest in
Mustang Station, electric
generating facility
PSC holds a greater than 50%
interest in several relatively
small ditch and water
companies for purpose of
cooling water for generation
facilities
Holds 50% interest in Bear
Energy Corp and 49.5 % Ltd.
Partnership interest in CPC
Ltd. Partnership
Inactive
Holds contracts in Florida
which were not sold in Texas
Ohio Gas Co. Sale
Holds connacts in Georgia -
which were not sold in Texas
I Name of Company 1 Organization I State of I Ownership I Type of Business I
E Prime, Inc
E Prime Energy Marketing, Inc.
Eloigne Company ("Eloigne")
Energy Masters International, Inc.
Corporation
Corporation
Corporation
EP3, LP
First Midwest Auto Park, Inc.
I I facility in CO
Fuel Resources Development Co I Corporation I Colorado 1 100% PSCo I Inactive (under in dissolution
Corporation
Front Range Energy Associates,
LLC
I Green and Clear Lakes Company I Corporation I New York 1 100% PSCo I Stores water for use at Cabin
Organization
Colorado
Colorado
Minnesota
Ltd. Partnership
Corporation
Minnesota
Ltd. Liability
Company
100% Xcel Energy
Market
100% E Prime
100% Xcel
Delaware
Minnesota
I
Ohio Gas Co. sale
Unregulated commodity
marketing affiliate
Buy and sell gas
Owns interests in affordable
Ventures
100% Xcel Retail
Delaware
I 1 Creek
I Company
housing projects
Provides energy marketing
and performance contracting
50% E Prime
100% NSP
Guardian Pipeline, L.L.C. I Ltd Liability I Delaware 1 33.33% Viking I Will operate interstate gas 1 transmission pipeline
I
services
Inactive
Owns and operates parking
50% Quixx
Mountain Holdings
Independent Power Americas Inc 1 Corporation I New York I lOO%PC ( Exempt wholesale generator
I (EWG)
(PC)
Independent Power International
Ltd.
Johnstown Cogeneration, LLC
ramp
Developing 164 MW gas-
fired electric generating
Independent Power Corp PLC. I Public Ltd. I U. K. 1 49.9% Xcel I Expected foreign utility
Kes Jamaica, LP
Kes Montego, Inc.
Natrogas, Incorporated
company
Corporation
Ltd. Liability
("Natrogas")
Natural Station Equipment, LLC
I network provider
New Century-Cadence, Inc. I Corporation I Colorado 1 100% Xcel Retail I Holds 22.22% in Cadence
Ltd. Partnership
Corporation
Corporation
NCE Communications, Inc.
British Virgin
Islands
Colorado
Ltd. Liability
Company
Northern States Power Company I Corporation
Delaware
Delaware
Minnesota
Corporation
North America Energy, Inc.
Northern Power Wisconsin Corp.
('WSP") I
Northers States Power Company I Corporation
International
49.9% Xcel
International
50% E Prime
Delaware
Corporation
Corporation
"NSP-W'
company (FUCO) -
EWG
Operates 3 MW natural gas
99% Quixx Jamaica
1 % Kes Montego
100% Quixx
100% Xcel Retail
Delaware
NSP Energy Marketing, Inc. I Corpration
fired turbine generator
Inactive
Inactive
Retail propane supplier
83.63% PSCo
. .
Formerly sold and seniced
equipment for the natural gas
100% Xcel
Communications
Nuclear")
industry
Metro area broadband
senices and fiber o~tic
NSP Financing 1
NSP Lands, Inc.
NSP Nuclear Cornoration CWSP
Nuclear Management Company, Ltd. Liability
LK I company
Statutory Trust
Corporation
Cornoration
Minnesota
Wisconsin
Minnesota
Wisconsin
Delaware
Minnesota
Delaware
Wisconsin
Minnesota
Wisconsin
network
Wholesale products and services -
develops, owns and operates
power generation facilities in
the US., Australia, Europe
I
1 and Latin America
1 100% Xcel Energy
Nuclear Management
and operators of nuclear
Elechic and gas utility
I I I generating plants
Name of Company I Organization I State of I Ownership I Type of Business
P.S.R. Investments, Inc.
Planergy (Delaware), Inc.
I I I Group I
Planergy Power 11, Inc. 1 Corporation ( Delaware 1 1 00% planergy I Inactive
Planergy Energy Services Corp.
PGE# 1
Planergy Ltd.
Planergy New York, Inc.
I I 1 Group I
Planergy Services of California, ( Corporation I California 1 100% Planergy I Limit liabilities associated
Corporation
Corporation
Corporation
Corporation
Corporation
Organization
Colorado
Delaware
Inc. PGE#2
Planergy Services of Houston, Inc.
Planergy Services of Texas, Inc.
Planergy Services USA, Inc.
Planergy Services, Inc.
Planergy, Inc.
Delaware
Canada
New York
Plover Limited Liability Co.
Precision Resource Company
Private Fuel Storage L.L.C.
(F'SCCC) I I I ( inventories and customer
100% PSCo
100% Planergy
Corporation
Corporation
Corporation
Corporation
Corporation
Proto-Power Corp.
PS Colorado Credit Corporation
I I I ( accts receivable
Quixx Borger Cogen, Inc. I Corporation I Delaware 1 100% Quixx Corp I Owns .45% general
Holds life insurance policies -
Industrial energy audits
Group
100% Planergy
Services
100% Planergy, Inc.
100% Planergy
Ltd. Liability
Company
Corporation
Ltd. Liability
Company
I I I ( partnership interest in Borger I
Limit liabilities associated
with borrowing agreements
Energy service company
Inactive
Delaware
Delaware
Delaware
Delaware
Texas
Corporation
Corporation
Wisconsin
Texas
Delaware
Services
100 Planergy
Services
100% Planergy
Services
100 Planergy
Services
100% Planergy
Delaware
100% Planergy
Delaware
Colorado
Quixx Jamaica, Inc.
Quixx Linden, L.P.
Texas
Texas
with borrowing agreements.
Limit liabilities associated
with borrowing agreements.
Limit liabilities associated
with borrowing agreements
Limit liabilities associated
with borrowing agreements
Industrial energy audits
Energy service company
Group
Clearwater
Investments Inc.
100% UEC
12.5% Xcel Energy
Corporation
Ltd. Partnership
Quixx Louisville, LLC
Delaware
Delaware
Affordable housing
Contract professional and
technical resources
Will develop private
temporary spent nuclear fuel
100% UEC
100% PSCo
Ltd. Liability
Company
Delaware
storage facility
Nuclear engineering services
Financinglfactoring fuel
100% Quixx Corp ( Inactive
100% UEC I Investing in and developing
100% Quixx Corp.
0.5% Quixxlin
49.5% Quixx
100% Quixx
cogeneration and energy
related projects
Inactive
Own 23 MW natural gas-fired
cogeneration facility for
General Motors Corporation
Owns facility consisting of
two gas-fired boilers
providing steam to Dupont in
Quixx Mountain Holdings, LLC
Quixx Mustang Station, Inc.
Quixx Power Services, Inc.
Ltd. Liability
Company
Quixx Resources, Inc.
Corporation
Corporation
Quixx WPP94, Inc.
Delaware
Corporation
Delaware
Texas
Corporation
100% Quixx Corp
Nevada
Kentuck;
Holds 50% ownership in
Front Range Energy
100% Quixx Cop
100% Quixx Corp
Texas
Associates LLC
Owns .5% general partnership
interest in Denver City
Energy Assoc.
Operates and manages
100% Quixx Corp
generating facilitiei
Holds 44.55% Itd. Partnership
interest in Borger Energy
100% Quixx
-.
Associates, Lf
Through which Quixx holds
.33% in windpower partners,
which owns wind power
generating plant
Name of Company I Organization I State of I Ownership I Type of Business
Quixx WRR, LP
Quixxlin Corporation
Ltd. Partnership
Corporation
I natural resource efficient
products and services for
I
Organization
Texas
Delaware I interest in Quixx Linden, LP ~
Reddy Kilowatt Corporation I Corporation I Montana 1 100% Xcel Retail I Will provide energy and
I
Shoe Factory Holdings LLC
southwestern Public Service
1 % Quixx 99%
Quixx Resources
100% Quixx Corp
I utility customers
Seren Innovations, Inc.
Owns water rights in Texas
Owns .5% general partnership
Safe Haven Homes, LLC I Ltd. Liability I Delaware 1 100% Eloigne I Owns interests in affordable
Company
Corporation
Ltd. Liability
Company
Corporation
I Company I
Company
Texas-Ohio Pipeline, Inc.
Touch America Colorado LLC
I Communications, services
50% Touch I
Minnesota
Wisconsin
New Mexico
Corporation
Ltd. Liability
I I I and industrial customers
Ultra Power Technologies, Inc. I Corporation I Minnesota 1 100% Xcel I Inactive
100% Xcel
Communications
Clearwater
Investments Inc.
100% Xcel Energy
1
I I I ventures I
United Power and Land Co. I Corporation I Minnesota I 100% NSP I Holds non-utility real estate
housing projects
Telecommunications provides
cable, telephone and high
speed internet access system
Affordable housing
Electric utility
Texas
Colorado
I America I
The Planergy Group, Inc. 1 Corporation I Texas 1 100% Xcel Retail I Energy senice to commercial
I Company I I Engineering I substation maintenance
USA-Planergy LLC ( Ltd. Liability I Texas 1 49% Planergy, Inc. ( Inactive
- ~
100% E Prime
50% NCE
(UP&L) I
Utility Engineering Corporation
Owns 900 foot pipeline
Metro area broadband
I I
('VEC")
Viking Gas Transmission
Universal Utility Services, LLC I Ltd. Liability I Texas I 100% utility 1 Cooling tower and electric
Company ("Viking")
Westgas Interstate, Inc.
Windpower Partners 1994, LP
Woodsedge Eau Claire LP
Wyco Development LLC
Xcel Energy Communications
Group Inc. ("Xcel
Communications")
Xcel Energy International Inc.
Xcel Energy Markets Group Inc.
("Xcel ~n&y Markets")
Xcel Energy Retail Service Group
Inc. ("Xcel Retail")
Xcel Energy Services Inc.
Xcel Energy Ventures Inc. ("Xcel
Ventures")
I I I
Corporation ( Colorado I 100% Xcel Energy I Natural gas transmission
Corporation
Corporation
Ltd. Partnership Texas I 1
Ltd. Partnership Wisconsin
Texas
Delaware
Corporation I Delaware
Corporation ( Minnesota
100% Xcel
Wholesale
100% Xcel Energy
I
- -
Engineering, construction
management, etc., to utilities
Natural gas transmission
Ltd. Liability
Company
0.33% Quixx generating plant
Clearwater Affordable Housing
Colorado
Corporation
Investments Inc. I
50% Xcel Energy I Develop and own natural gas
Minnesota
--
WYCO I transpo*tion ad storage -
facilities
subsidiaries providing
broadband telecommunication
I subsidi&es energy
100% Xcel Energy
100% Xcel Energy
I marketing services
100% Xcel Energy I Holding Company for
and related services
Owns 50% Yorkshire
Holding Company for
I I I 1 ventures, including Eloigne
--
100% Xcel Energy
100% Xcel Energy
- --
subsidiaries providing
services to retail customers,
including energy efficiency
Service company
Holding company for
subsidiaries to develop and
manage new business
I Name of Company / Organization I State of I Ownership Type of Business
1 Organization I I
Xcel Energy Wholesale Group I Corporation I Minnesota ( 100% Xcel Energy 1 Holding company for I Inc. ("Xcel Wholesale") I I I I subsidiaries providing
wholesale energy, principally
Xcel Energy O&M Services Inc.
Yorkshire Electricity Group PLC
Xcel Energy Wyco Inc.
Xcel Energy-Centrus Inc.
Yorkshire Holdings PLC
Yorkshire Power Finance 2 Ltd.
Corporation
Corporation
Yorkshire Power Finance Ltd.
Yorkshire Power Group Ltd. +
Colorado
Colorado
Private Limited
Company
100% Xcel Energy
Yorkshire Holdinas
100% Xcel Energy
100% Xcel Retail
-
PLC
Yorkshire Power
Group Ltd.
90% Yorkshire
Power Group Ltd.
10% Yorkshire
NRG
Financehold 50% Wyco Dev.
Holds assets os SPS at this
Holdings PLC
99%Yorkshire
Power Group Ltd.
1% Yorkshire
time
Non-utility business
Section 3 (b) sub - expected
FUCO
FUCO holding company
Expected FUCO
Expected FUCO
I I Resources, Inc. I
Young Gas Storage Company I Corporation I Delaware 1 100% E Prime I Operates underground gas
Private Limited
Company
I I I I I storage thru Young Gas
Young Gas Storage Company, I Ltd.
U.K.
Holdings PLC
Xcel Energy 1nt;l
Inc., AEP
Corporation
FUCO Holding Company
Colorado 47.5% Young Gas
Storage company, Ltd
Operates underground gas
storage facility in
Northeastern Colorado
EXHIBIT 5
PUBLIC SERVICE COMPANY OF COLORADO
BALANCE SHEET
JUNE 30,2004
ASSETS
Properly, plant and equipment, at cost:
Electric
Gas
Steam and other
Common to all departments
Nonregulated properly
Construction in progress
Less: accumulated depreciation
Total property, plant and equipment
Investments, at cost:
Investments in subsidiary companies
Other
Total investments
Current assets:
Cash and temporary cash investments
Notes receivable
Accrued unbilled revenues
Accounts receivable, less
reserve for uncollectible accounts ($13,292,478)
Fuel inventory, at average cost
Gas in underground storage, at average cost
Materials and supplies, at average cost
Deferred energy costs
Derivative instrument valuation-at market
Current accumulated deferred income tax
Prepaid expenses and other
Total current assets
Deferred charges:
Unamortized debt expense
Accumulated deferred income taxes
Unamortized debt reacquisition costs
Regulatory assets:
Recoverable nuclear decommissioning costs
Income taxes
Employees' postretirement benefits other than pensions
Other regulatory assets
Unrecovered purchased gas cost
Prepaid pension costs
Other
Total deferred charges
PUBLIC SERVICE COMPANY OF COLORADO
BALANCE SHEET
JUNE 30,2004
CAPITAL AND LIABILITIES
Common stock
Retained earnings
Accumulated comprehensive income
Total common equity
Long-term debt
Noncurrent liabilities:
Obligations under capital leases
Pension and deferred compensation liabilities
Employees' postretirement benefits other than pensions
Employees' postemployment benefits
Total noncurrent liabilities
Current liabilities:
Notes payable and commercial paper
Notes payable to affiliate companies
Accounts payable
Accounts payable to affiliates
Customers' deposits
Accrued taxes
Accrued interest
Dividends payable
Obligations under capital leases - current
Derivative instrument valuation-at market
Other current liabilities
Total current liabilities
Deferred credits:
Customers' advances for construction
Unamortized investment tax credits
Accumulated deferred income taxes
Other regulatory liabilities
Other deferred credits
Total deferred credits
EXHIBIT 6
PUBLIC SERVICE COMPANY OF COLORADO
STATEMENT OF LNCOME
FOR THE TWELVE MONTHS ENDED JUNE 30,2004
Operating revenues:
Electric
Gas
Other
Operating expenses:
Fuel used in generation
Purchased power
Gas purchased for resale
Cost of sales-steam and other
Other operating and maintenance expenses
Depreciation and amortization
Taxes (other than income taxes)
Gains and losses on sale of plant and disposition of allowances
Provision for income taxes:
Federal - current
State - current
Deferred
Investment tax credits, net
Total utility operating expenses
Net utility operating income
Other income and deductions:
Equity in earnings of subsidiary companies
Allowance for equity funds used during construction
Miscellaneous income and deductions - net
Total other income and deductions
Interest charges:
Interest on long-term debt
Other interest
Amortization of debt discount and expense less premium
Allowance for borrowed funds used during construction
Total interest charges
Net income
PUBLIC SERVICE COMPANY OF COLORADO
STATEMENT OF RETAINED EARNINGS
FOR THE TWELVE MONTHS ENDED JUNE 30,2004
Retained earnings at beginning of period
Net income
Dividends:
On common stock
Retained earnings at end of period
EXHIBIT 7
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO ADOPTED ON THE 1 ~TH DAY OF MAY 2004 THE FOLLOWING ORDINANCE:
Ordinance No. 04-06, Series of 2004, An Ordinance of the Town of Avon, Eagle
County, Colorado, Granting by Franchise to Public Service Company of Colorado,
its affiliates, successors and assigns, the right to use the Streets within the Town to
furnish, sell, transport and distribute gas to the Town and to all Residents of the
town, granting the right to acquire, construct, install, located, maintain, operate and
extend into, within and through the Town all facilities reasonably necessary to
furnish, sell, transport, and distribute gas within and through the Town; and fixing
the Terms and conditions thereof.
A copy of said Ordinance is attached hereto, and is also on file at the ofice of the Town Clerk, and
may be inspected during regular business hours, Monday through Friday, 8 AM - 5 PM.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MAY 14.2004
J AVON MUNICIPAL BUILDING, MAlN LOBBY
J ALPINE BANK, MAlN LOBBY
J AVON RECREATION CENTER, MAlN LOBBY
J CITY MARKET, MAlN LOBBY
EXHIBIT 8
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
IN THE MATTER OF THE APPLICATION
OF PUBLIC SERVICE COMPANY OF
COLORADO FOR AN ORDER GRANTING TO
IT A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO
EXERCISE FRANCHISE RIGHTS IN THE
TOWN OF AVON, COLORADO )
STATE OF COLORADO
CITY AND COUNTY DENVER
I, PAT VIA/CE~~(/~ , being duly sworn, do hereby depose and
state that I am an officer of Public Service Company of Colorado
and that I have read the Application and the supporting Exhibits.
Under the penalties of perjury, I declare that all statements
made in the Application and the supporting exhibits are true,
accurate, correct and complete to the best of my knowledge. I
understand that any statement made in violation of this oath
shall constitute grounds for dismissal of this Application or
revocation of any authority granted.
I
Vice President
Subscribed and sworn to before me this 11 fh day of
flewk\&& , 2004.
MY commission expires: \~-\8,@7
EXHIBIT 9
January 6,2005
NOTICE OF APPLICATION TO EXERCISE FRANCHISE RIGHTS OF PUBLIC SERVICE
COMPANY OF COLORADO, 1225 SEVENTEENTH STREET, DENVER, COLORADO 80202
You are hereby notified that Public Service Company of Colorado has filed with the Colorado
Public Utilities Commission an Application for the purpose of obtaining a Certificate of Public
Convenience and Necessity to exercise franchise rights granted to it by the Town Of Avon, Colorado, on
May 1 1,2004.
The franchise is for a term of twenty years and provides for a franchise fee to the Town of Avon in
the amount of three percent (3 %) of all revenues received from the sale and transportation of gas within
the Town, excluding revenues received from the sale of gas to the Town of Avon.
Copies of the application and the franchise are available for examination and explanation at Public
Service Company's Franchise Coordination Office at 1225 Seventeenth Street, Suite 1000, and at the office
of the Public Utilities Commission in Denver, Colorado.
Anyone who desires either may file written objection or may seek to intervene as a party to this
filing. If you only wish to object to the proposed action, you may file a written objection with the
Commission. The filing of a written objection by itself will not allow you to participate as a party in any
proceeding on the proposed action.
If you wish to participate as a party in this matter, you must file written intervention documents by
following Rules 20,21, and 22 of the Commission's Rules of Practice and Procedure. Anyone who desires
to file written objection or written intervention documents shall file them with the Colorado Public Utilities
Commission, 1580 Logan Street (OL2), Denver, Colorado, 80203, within ten days after the date of this
notice.
A hearing may be held on this Application. Anyone who desires to receive notice of any hearing,
must file a written request for notice with the Public Utilities Commission at the above address, at least ten
days after the date of this notice or by January 17,2004. Members of the public may attend any hearing and
may make a statement under oath about the Application, whether or not an objection or intervention has
been filed.
BY
Wade Haerle, Community Service Manager
970-748-4013 idejong@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Ineke de Jong, Chief Administrative Officer
RE: Resolution 24-17 Amending the Simplified Rules of Order
for Avon Town Council Meetings and Adopting Amended
Town Council Handbook
DATE: August 9, 2024
SUMMARY: This report presents to the Avon Town Council (“Council”) a Resolution to amend the
Simplified Rules or Order and adopt the amended Council Handbook.
BACKGROUND: Town Council directed staff to review the current Council Handbook with a focus on a
number of topics, including general and remote attendance policy, use of email, council compensation,
adding information about the DDA and CORE Transit (EVTA), and quasi-judicial proceedings, to name a
few. The Mayor Pro Tem and a number of staff, including Town Manager, Town Attorney, Deputy Town
Manager, Chief Administrative Officer and Town Clerk, reviewed and revised the handbook as reflected in
Attachment B.
During a Work Session at the last Council meeting (July 23, 2024), Council provided direction for some
additional changes and updates, which you will see reflected in Attachment B. The main changes were:
1. Changing the cover page
2.Updating Section I with the words “Expectations and Duties” to tie back to Duties of the Office
and adding the Oath of Office
3. Updating Section III Budget
4.Separating the DDA information into its own section (Section V)
5. Adding a section about the Avon Housing Authority
6. Changing a few inconsistencies with naming and bolding of abbreviations
7. Updating Section X Affiliations by listing them in alphabetical order
8.Adding Code of Ethics to Appendices
FINANCIAL CONSIDERATIONS: There are no financial impacts with this process.
RECOMMENDATION: Given the timing of the upcoming November elections, and the important resource
the simplified rules of order and the Council Handbook can provide to new, as well as current, Councilors,
staff recommends adoption of Resolution 24-17.
OPTIONS: Take no action or approve Resolution 24-17 [with or without revisions].
PROPOSED MOTION: “I move to approve Resolution 24-17 Amending the Simplified Rules of Order
for Avon Town Council Meetings and Adopting Amended Town Council Handbook.”
Thank you,
Ineke
ATTACHMENT A: Staff memo from July 19 Council Work Session
ATTACHMENT B: Resolution 24-17: Amending the Simplified Rules of Order for Avon Town Council
Meetings and Adopting Amended Town Council Handbook
ATTACHMENT C: Amended Town Council Handbook
ATTACHMENT D: Handbook Appendix 2: Amended Simplified Rules of Order
970-748-4021 pmckenny@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Patty McKenny, Deputy Town Manager
RE: Work Session: Review of the Proposed Amendments
to the Council Handbook
DATE: July 19, 2024
SUMMARY: This agenda item provides an opportunity for Council to review and consider a number of
amendments to the Council Handbook. A review of sections of the handbook will allow for Council feedback
and input during the meeting. The Council Handbook will be adopted by Resolution, currently scheduled for
the regular meeting on August 13, 2024.
BACKGROUND: Town Council directed staff to review the current Council Handbook with a focus on a
number of topics, including general and remote attendance policy, use of email, council compensation,
adding information about the DDA and CORE Transit (EVTA), and quasi-judicial proceedings, to name a
few. The Mayor Pro Tem and a number of staff, including Town Manager, Town Attorney, Deputy Town
Manager, Chief Administrative Officer and Town Clerk, reviewed and revised the handbook as reflected in
Attachment A. There are a number of guiding documents housed on the Government page on the town’s
website, Government | Avon, CO - Official Website and the current version can be viewed at this link. The
sections of the handbook address many topics, some which are practical and pragmatic and others that
address laws, policy, process and financial decision making, sections described on page 7, Table of
Contents.
ANALYSIS: Town staff continue to determine if additional changes need to be made to some sections, i.e.
Section III Budget. The “Simplified Rules of Order” will also receive attention that would result in additional
revisions.
FINANCIAL CONSIDERATIONS: There are no financial impacts with this process.
PROPOSED MOTION: This handbook is presented as a work session and no formal action is required.
Thank you,
Patty
ATTACHMENT A: DRAFT 2024 Town Council Handbook
ATTACHMENT B: Council Handbook Comparison / Redline of changes & updates
ATTACHMENT A
RESOLUTION 24-17
AMENDING THE SIMPLIFIED RULES OF ORDER
FOR AVON TOWN COUNCIL MEETINGS AND ADOPTING
AMENDED TOWN COUNCIL HANDBOOK
WHEREAS, Section 5.1 of the Town of Avon’s Home Rule Charter (“Charter”) states,
“[t]he Council shall determine the rules of procedure governing meetings;” and
WHEREAS, the Avon Town Council last amended and re-adopted its Simplified Rules of
Order for Avon Town Council Meetings on June 22, 2021 via Resolution 21-15; and
WHEREAS, Avon Town Council confirmed its desire to incorporate amendments to its
Simplified Rules of Order into an amended Town Council Handbook during its May 28, 2024
Town Council meeting; and
WHEREAS, such amendments will update existing policies and procedures and
implement new policies and procedures in order to provide consistency in application during its
term and for the benefit of future Town Councils; and
WHEREAS, the Avon Town Council finds that the incorporation of such amendments to
its Simplified Rules of Order and the Town Council Handbook will promote the health, safety, and
general welfare of the Avon Community by promoting efficiency, understanding, order, and
transparency of Council meetings for its members, staff, and the general public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL THE TOWN
OF AVON, COLORADO that the amendments to the Avon Town Council’s Simplified Rules of
Order and Town Council Handbook are effective as of the date of adoption of this Resolution.
ADOPTED August 13, 2024 by the AVON TOWN COUNCIL
By: Attest: _________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ATTACHMENT B
Updated August 2024
ATTACHMENT C
TOWN COUNCIL HANDBOOK
UPDATED: AUGUST 2024
PAGE 2 OF 50
OVERVIEW
This Town Council Handbook provides a comprehensive guide and reference for Council members as a
benefit for both new and existing Council members. Throughout this Handbook the term “Councilor”
references to all Council members, including the Mayor and Mayor Pro-Tem; the term “Council” refers to the
Avon Town Council; the term “Staff” refers to Town Staff; the term “AMC” refers to the Avon Municipal Code;
and the term “Charter” refers to the Avon Home Rule Charter. In some cases, this Handbook is addressed
to each Councilor as “you”.
I. COUNCIL MEETING LOGISTICS
• Council determines the schedule of Council meetings. Generally, Council meets on the 2nd and 4th
Tuesday of each month. A draft schedule of Council meetings is presented for Council review and
adoption at the beginning of the calendar year. Council may choose to cancel regularly scheduled
meetings or schedule special meetings at any time in accordance with Chapter V – Council
Procedure of the Charter.
• The Council regular meeting agenda and packet will be available on the Friday afternoon before the
Council meeting, generally by 5:00 p.m., for review by Councilor’s before the Tuesday meeting.
• In January 2025 you will receive a Town-owned tablet or laptop to access your Council email account
and the electronic packet. Electronic packets are available at www.avon.org/packets.
• Subject to the needs of Council, meetings can be attended virtually on Zoom, in whole or in part, and
can be scheduled as a hybrid virtual and in-person meeting. Hybrid or virtual-only meetings will be
set-up by the Chief Administrative Officer, who will send you panelist links via email on the day of
the meeting. Feel welcome to join 10 minutes early to test your audio/video.
• The remote attendance policies for virtual attendance at virtual-only and hybrid virtual/in-person
meeting is in the Simplified Rules of Order in Appendix 2 to this Handbook.
• Dinner will be provided at each Council meeting at least 15 minutes before the start of the meeting.
Feel welcome to arrive early. If you have any special dietary needs, please contact the Deputy Town
Clerk or Chief Administrative Officer and advise of any restrictions.
• Council seating assignments at the Council dais are determined by the Mayor in consultation with all
Councilor.
• As all meetings are recorded. Please verify that your microphone is on and speak directly into an
active microphone on the dais in front of you during the meeting.
II. THINGS TO KNOW AND DO
Contact Information: Council has four official professional positions which are appointed by Council
and overseen by Council: Town Manager, Town Attorney, Municipal Judge and Prosecuting
Attorney. These positions are the Council’s only “direct reports”. All other Staff report directly or
indirectly to the Town Manager. Section I of this Handbook explains the roles, responsibilities and
duties for communication to the Town Manager and the Staff.
TOWN COUNCIL HANDBOOK
UPDATED: AUGUST 2024
PAGE 3 OF 50
Contact information for the direct reports to Council, Department Directors and General Government
Department Staff are provided as follows:
Name Role Contact Info
Eric Heil Town Manager eheil@avon.org
970.748.4004 (D)
Patty McKenny Deputy Town Manager pmckenny@avon.org
970.748.4021 (D)
Ineke de Jong Chief Administrative Officer idejong@avon.org
970.748.4013 (D)
Elizabeth Wood Marketing & Communications
Manager
ewood@avon.org
970.748.4087 (D)
Danita Dempsey Culture, Arts & Special Events
Manager
ddempsey@avon.org
970-748-4065 (D)
Miguel Jauregui Casanueva Town Clerk mjauregui@avon.org
970.748.4001 (D)
Brenda Torres Deputy Town Clerk & Court Clerk btorres@avon.org
970.748.4001 (D)
Charlotte Lin Sustainability Coordinator clin@avon.org
970.748.4083 (D)
Nina Williams Town Attorney nina@wwfdlaw.com
303.376.8512 (D)
Buck Allen
Municipal Judge ballen@vailgov.com
970.479.2131 (D)
Taggart Howard
Town Prosecuting Attorney taggarthoward@me.com
970.926.6556 (D)
Paul Redmond Chief Financial Officer predmond@avon.org
970.748.4088 (D)
Robert McKenner Chief Information Officer rmckenner@avon.org
970.748.4034 (D)
Matt Pielsticker
Community Development Director mpielsticker@avon.org
970.748.4413 (D)
Eva Wilson
Public Works Director ewilson@avon.org
970.748.4111 (D)
Michael Labagh Recreation Director mlabagh@avon.org
970.748.4446 (D)
Greg Daly Chief of Police gdaly@avon.org
970.748.4049 (D)
TOWN COUNCIL HANDBOOK
UPDATED: AUGUST 2024
PAGE 4 OF 50
1. Mail: Correspondence as mail addressed to Council is copied and distributed to all Council
members. Mail is placed in mailboxes, marked with your name, and located in the central mail area
on the first floor of Town Hall.
2. Email: A Town of Avon e-mail address and account will be provided for all incoming Council
members to be used for all Town of Avon business.
• You may access the e-mail account from https://login.microsoftonline.com.
• E-mail correspondence addressed to Council and received by the Town’s website or Staff, is
forwarded to all Council members. The Town Clerk’s office retains a copy for the public record.
• IMPORTANT INFORMATION FOR THE USE OF TOWN EMAIL:
o The Town of Avon uses an e-mail archiver, which retains a copy of every outgoing and
incoming email for at least two (2) years.
o Councilors should consistently use the official Avon email address for any and all
correspondence concerning Town business. If personal email is used to conduct Town
business, all personal email may be subject to a public records request.
o Should an email be addressed to three (3) or more Councilors, DO NOT ‘Reply All’
because this back and forth email amongst three or more Councilors could be
categorized as a “meeting” under Colorado Sunshine Law a/k/a Open Meetings Law.
You may respond individually to intended Staff recipients as needed, thereby preventing
the need for public notices and minutes. The Town Manager should always be included
on communications with Staff. It is customary to also copy the Staff person’s
Department Director on all email communication with Staff.
3. Websites, Newsletters & Press Release: The Town hosts three websites.
1. The primary and most comprehensive website, www.avon.org, includes everything related to the
Town’s operations and governance. On this site you can also sign up for automatic email alerts
for a variety of the Town notifications including general information, construction updates, job
postings, youth programs, meeting agendas, and much more.
2. The Town’s second website, www.discoveravon.org, is devoted to all the ways to enjoy Avon to
the fullest from special events, outdoor activities, dining, shopping, and accommodations.
3. The Town’s third website, engage.avon.org, is a community-engagement platform used to solicit
public feedback on a variety of Town projects. Participants can take surveys and share ideas.
All Councilors are strongly encouraged to sign up for the Town’s monthly newsletter (the Avon
Heartbeat) and Town notifications / press releases. Go to www.avon.org/notifyme to sign up and
select the notifications you’d like to receive.
In addition, Councilors are encouraged to Like and follow the Town’s social media page on Facebook.
TOWN COUNCIL HANDBOOK
UPDATED: AUGUST 2024
PAGE 5 OF 50
4. Rules and Procedures: On January 14, 2014, the Council adopted the initial Council Simplified
Rules of Order in order to establish rules and procedures for the Council during its meetings; the
newest version of the Simplified Rules was adopted on August 13, 2024. The intent is to set simplified
rules which are readily accessible and usable by the Councilors and understandable by the general
public. The Simplified Rules of Order contain the following sections:
• Standards of Conduct for Avon Town Meetings
• Mayor
• Agendas
• General Attendance Policy
• Remote Attendance Policy
• Motions
• Meeting Conduct
• Public Comments
• Public Hearing
• Executive Sessions
For your convenience, the Simplified Rules of Order have been attached at the end of this Handbook
in Appendix 2.
5. Council Compensation, Benefits Enrollment and Federal Forms Packet: Per AMC Section
2.04.010, compensation for Councilors is as follows:
Council Members shall receive compensation for their service in office in accordance with the
following schedule:
(1) Mayor: One thousand dollars ($1,000.00) per month (until December 10, 2024). This
amount is increasing to one thousand five hundred dollars ($1,500) per month on/after December
11, 2024 to December 8, 2026. This amount is increasing to two thousand dollars ($2,000) per month
on/after December 9, 2026 to December 12, 2028. This amount is increasing to two thousand two
hundred dollars ($2,200) on/after December 13, 2028.
(2) Mayor Pro Tem: Seven hundred fifty dollars ($750.00) per month (until December 10,
2024). This amount is increasing to one thousand one hundred twenty-five dollars ($1,125) per month
on/after December 11, 2024 to December 8, 2026. This amount is increasing to one thousand five
hundred dollars ($1,500) per month on/after December 9, 2026 to December 12, 2028. This amount
is increasing to one thousand six hundred fifty dollars ($1,650) on/after December 13, 2028.
(3) All other Council Members: Five hundred dollars ($500.00) per month (until December
10, 2024). This amount is increasing to seven hundred fifty dollars ($750) per month on/after
December 11, 2024 to December 8, 2026. This amount is increasing to one thousand dollars
($1,000) per month on/after December 9, 2026 to December 12, 2028. This amount is increasing to
one thousand one hundred dollars ($1,100) on/after December 13, 2028.
TOWN COUNCIL HANDBOOK
UPDATED: AUGUST 2024
PAGE 6 OF 50
You are encouraged to contact Human Resources, to set up an appointment time to review and fill
out a list of new employee documents, ask any questions and complete the benefits enrollment
process. Note that the Town’s health insurance policy has strict enrollment deadlines. Please work
with the Human Resources Division regarding benefits.
6.Liability Prevention Training Tools: The Town of Avon’s primary liability insurance company is
Colorado Intergovernmental Risk Sharing Association (“CIRSA”) which is used by nearly all
municipalities and counties in Colorado. CIRSA is a member-owned self-insurance pool. CIRSA has
a variety of liability prevention training tools for newly elected officials. All of the training programs
are complimentary as a benefit of membership in CIRSA, and you are strongly encouraged to review:
•In the Scope of Your Authority: Preventing Public Officials’ Liability, which is available on
YouTube at https://www.youtube.com/watch?v=r5GK6LvCA7s
•The Ethics, Liability & Best Practices Handbook for Elected Officials (Appendix 7)
7.Other: There is much more to Know and Do in your role as a Councilor of the Town of Avon. The
following sections of this Handbook provide a compilation of some important resources and
additional information to help you begin your work.
Should you need assistance or want to further review this information, please contact the Chief
Administrator Officer.
TOWN COUNCIL HANDBOOK
UPDATED: AUGUST 2024
PAGE 7 OF 50
Table of Contents
SECTION I: BASICS OF TOWN GOVERNMENT
TOWN COUNCIL ROLE, RESPONSIBILITIES AND DUTIES
GENERAL DECORUM AND CONDUCT OF TOWN COUNCIL
SOCIAL MEDIA POLICY
COUNCIL-MANAGER FORM OF GOVERNMENT
TOWN ATTORNEY
AVON IS A HOME RULE MUNICIPALITY
TOWN CHARTER & TOWN CODE
GENERAL POWERS, RESPONSIBILITIES AND DUTIES OF THE TOWN
COUNCIL
BOARDS AND COMMISSIONS
TOWN ORGANIZATIONAL CHART
STAFF COMMUNICATION SECTION II: TYPES OF COUNCIL ACTIONS
ORDINANCES
RESOLUTIONS
MOTIONS
PROCLAMATIONS
SECTION III: BUDGET
TOWN BUDGET OVERVIEW
BUDGET MESSAGE
BUDGET CONTENT
CAPITAL PROGRAM
PUBLIC HEARING
COUNCIL ACTION ON BUDGET
CONTINGENCIES
PUBLIC RECORDS
AMENDMENTS AFTER ADOPTION
INDEPENDENT AUDIT
SECTION IV: COUNCIL ACTING AS OTHER AUTHORITIES
LIQUOR LICENSING AUTHORITY
BOARD OF APPEALS
URBAN RENEWAL AUTHORITYAVON HOUSING AUTHORITY
SECTION V: DOWNTOWN DEVELOPMENT AUTHORITY
DOWNTOWN DEVELOPMENT AUTHORITY OVERVIEW
SECTION VI: PLANNING AND ZONING COMMISSION
PLANNING AND ZONING COMMISSION OVERVIEW SECTION VII: CITIZEN COMMITTEES
CULTURE, ARTS & SPECIAL EVENTS COMMITTEE
FINANCE COMMITTEE
HEALTH & RECREATION COMMITTEE
SECTION VIII: MUNICIPAL LAWS
OPEN MEETINGS LAW
COLORADO OPEN RECORDS ACT
MEETING MINUTES AND RECORDINGS
RECORD RETENTION POLICY / SCHEDULE
TOWN CODE OF ETHICS
LEGISLATIVE MATTERS V. QUASI-JUDICIAL PROCEEDINGS
LEGAL ACTIONS: RULE 106(A), SECTION 1983 CLAIMS, AND OTHER
CLAIMS
GOVERNMENT IMMUNITY
TABOR
COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY (CIRSA) SECTION IX: POLICY DOCUMENTS
COMPREHENSIVE PLAN
COMMUNITY HOUSING PLAN
CLIMATE ACTION PLAN OVERVIEW
OTHER PLANS
SECTION X: AFFILIATIONS
BUFFALO RIDGE AFFORDABLE HOUSING BOARD
CLIMATE ACTION COLLABORATIVE (CAC)
COLORADO ASSOCIATION OF SKI TOWNS (CAST)
COLORADO COMMUNITIES FOR CLIMATE ACTION (CC4CA)
COLORADO MUNICIPAL LEAGUE (CML)
CORE TRANSIT (EVTA)
EAGLEBEND AFFORDABLE HOUSING BOARD
EAGLEBEND DOWD AFFORDABLE HOUSING BOARD
EAGLE COUNTY COMMUNITY WILDLIFE ROUNDTABLE
EAGLE COUNTY EMERGENCY RESPONDERS FUND (ECERF)
EAGLE COUNTY MENTAL HEALTH ADVISORY BOARD
EAGLE RIVER COALITION (ERC)
EAGLE RIVER WATER & SANITATION DISTRICT (ERWSD) & UPPER
EAGLE RIVER WATER AUTHORITY (UERWA)
EAGLE VALLEY BEHAVIORAL HEALTH
EGE AIR ALLIANCE (EGE)
I-70 COALITION
NORTHWEST COLORADO COUNCIL OF GOVERNMENTS (NWCCOG)
SPEAKUP REACHOUT
URBAN RUNOFF GROUP (URG)
VAIL VALLEY PARTNERSHIP (VVP) SECTION XI: APPENDICES
APPENDIX 1 – TOWN ORGANIZATIONAL CHART
APPENDIX 2 – COUNCIL SIMPLIFIED RULES OF ORDER
APPENDIX 3 – CODE OF ETHICS
APPENDIX 4 – BOARDS AND COMMITTEES
APPENDIX 5 – RESOLUTIONS ESTABLISHING CITIZEN COMMITTEES
APPENDIX 6 – CML ELECTED OFFICIAL’S STARTER KIT
APPENDIX 7 – ETHICS, LIABILITY AND BEST PRACTICES
HANDBOOK FOR ELECTED OFFICIALS
APPENDIX 8 – ADOPTED 2024 BUDGET
APPENDIX 9 – CLIMATE ACTION PLAN
APPENDIX 10 – COMPREHENSIVE PLAN
APPENDIX 11 – HOUSING PLAN
SECTION I: BASICS OF TOWN GOVERNMENT
Town Council Role, Responsibilities and Duties
Councilors are the leaders and policy makers of the Town of Avon. Council has the authority to approve laws
and regulations and adopt policies that direct our municipal government. Council elects the Mayor and the
Mayor Pro Tem and appoints the Town Manager, the Town Attorney, the Municipal Court Judge and
Prosecuting Attorney. These professional positions serve at the will of the Town Council.
General Decorum and Conduct of Town Council
General Decorum. Councilors are strongly encouraged to exercise principles of general decorum in all
aspects of their official Town conduct including, but not limited to, public statements, press releases, media
interviews, and written correspondence constituting a public record. The phrase "general decorum" means
politeness, courtesy, professionalism, and avoidance of personal insults, ridicule, bullying, slanderous
remarks, and ad hominem attacks with respect to Town officials, Staff/employees, fellow Councilors, and the
general public. Town Councilors shall not attend Town Council meetings in an intoxicated state.
Conduct outside of Meetings. Councilors’ behavior and conduct serve as models for proper decorum in
the Town of Avon. Councilors should not make promises or guarantees on behalf of the Town or its Staff,
boards, committees, commissioners, Council or other Councilors. While it can be acceptable to publicly
disagree about an issue, Councilors are strongly discouraged from making personal attacks or derogatory
remarks about other Council members, their opinions, and their actions. If a Councilor appears in a non-
official representative capacity before another governmental agency or organization, they shall clearly state
that their presence and the statements they make are their own while bearing in mind that such appearance
may reflect upon the Town despite such disclaimers.
Use of Electronic Devices. Councilors may use computers, electronic tablets, smart phones, personal
digital assistants, and similar devices, whether personal or Town-issued, to access data during Council
meetings and Town-related work sessions in a manner that is not distracting to others or disruptive to the
meeting or session. Councilors shall not communicate using telephonic, text messaging, video
chat/streaming, e-mail, or any form of social media during a Council meeting or work session. Personal
communication should be kept to a minimum and utilized only for urgent family or personal communications
during Council meetings. During quasi-judicial matters, Councilors shall not make, receive, or send personal
or private phone calls, text messages, or e-mails while at the Council dais; see Section VII for more
information about quasi-judicial matters.
Councilors shall not communicate in any electronic format with another Councilor during a Council meeting,
work session, or quasi-judicial matter.
TOWN COUNCIL HANDBOOK
UPDATED: AUGUST 2024
PAGE 8 OF 50
Social Media Policy
This policy applies to any pre-existing or proposed social media tools including, but not limited to, social
media websites, blogs, microblogging, discussion forums, photo and video sharing websites, Wikipedia and
similar media, and virtual platforms used to conduct official Town business including:
• Matters effecting the Council’s policy making functions;
• Discussion or undertaking of a rule, regulation, ordinance, or formal action of the Council;
• Quasi-judicial matters; and
• Exercise of functions required or authorized by law or involving the receipt or expenditure of public
funds.
The requirements below should not replace good judgment when posting and utilizing any of the social media
set forth above and Councilors are expected to adhere to the follow guidelines when engaging in social media
use:
• Councilors shall not reveal any confidential or privileged information about the Town, its constituents,
its Staff/employees, or its contractors.
• Councilors should be honest and accurate to the best of their ability when posting information or
news that pertains to the Town and should promptly correct any mistakes, misstatements, and/or
factual errors in content they post upon discovery of the same. Councilors shall not post or share
information they know is false or intentionally misleading.
• Councilors shall not represent that they are acting as a spokesperson for the Town Council, a board
or committee, administration, or a department unless they have been designated to serve as a
spokesperson for such issue or entity.
• Councilors shall not remove comments based on the viewpoint or opinion expressed.
Council-Manager Form of Government
The Town of Avon has a Council-Manager form of government, which means the Council establishes
priorities and policies and the Town Manager implements the Council’s directives. The Town Manager is the
chief executive officer of the Town and is responsible for carrying out the Council’s directives and
administering the day-to-day operations of the Town. The Town Council should communicate all directives
to the Town Manager and the Town Manager, in turn, directs Staff. The Town Council should always refrain
from attempting to direct Staff. The Charter for the Town of Avon, states that the Council shall not give orders
to any subordinates of the Town Manager (Home Rule Charter Chapter 8.5).
TOWN COUNCIL HANDBOOK
UPDATED: AUGUST 2024
PAGE 9 OF 50
Town Attorney
The Town Attorney is appointed by the Council and serves as a direct report. Councilors may directly contact
and communicate with the Town Attorney. The Town Attorney is the legal representative of the Town and
advises Council, the Town Manager and Staff on legal matters. The general legal responsibilities of the Town
Attorney include:
•Provide legal assistance necessary for the formulation and implementation of legislative policies.
•Represent the Town’s interests, as determined by the Council, in litigation, administrative hearings,
negotiations and similar proceedings.
•Monitor litigation matters that are being actively handled by outside counsel.
•Prepare ordinances, resolutions, contracts and other legal documents.
•Keep Council and Staff apprised of legislation and court rulings affecting the legal interests of the
Town.
•Attend Council meetings, and where necessary, other board and commission meetings.
•Respond to all inquiries and communications of a general legal nature from Council, Town Manager
and Staff.
•Represent the Town in its dealings and negotiations with federal, state and local governmental
entities and agencies, special improvement districts and utilities.
•Advise on employment matters and advise on all local governmental laws relevant to municipal
operations.
Avon is a Home Rule Municipality
Avon is a “Home Rule” municipality, a form of government in Colorado under the control of local citizens
rather than state government. Towns and cities in Colorado can be either Home Rule or Statutory. Home
Rule municipalities have all the powers not expressly denied by the Colorado Constitution and state statutes.
Statutory municipalities have only the powers expressly given to them by the Colorado Constitution and state
statutes. Home Rule municipalities essentially have more power on a local level.
Town Charter & Town Code
The Town’s Home Rule Charter is akin to a constitution for the Town; the Charter defines organizational
forms and the powers and duties of Town officials. Voters in the Town approved the Charter in 1978. The
laws, rules and regulations that govern and guide the Town’s government are included in the Charter and
the Avon Municipal Code (“AMC”). The AMC can be amended by the Council through the adoption of
ordinances; however, the Charter can only be amended by a vote of the electors of the Town. The Charter
and AMC can be accessed at the following link, which is available on the Town’s website:
https://library.municode.com/co/avon. See Section VII below for more information.
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General Powers, Responsibilities and Duties of the Town Council
It is important that the Council act as a body. No member of the Council has any more power than other
members of the Council. The Mayor and Mayor Pro Tem have additional ceremonial and administrative
responsibilities (such as signing certain official documents and chairing meetings); however, all members of
the Council are peers with equal rights and duties regarding the establishment of policies.
Policy is established by at least a majority vote of the Council. While individual members of the Council may
disagree with decisions of the majority, a decision of the majority binds the Council to a course of action. The
Mayor presides at all meetings of the Council. The Mayor does not possess any power of veto. The Mayor
votes on matters in the same manner as other Council members except that the Mayor votes last during a
roll call vote. As presiding officer of the Council, the Mayor should communicate the will of the Council
majority in matters of policy. The Mayor is also the official head of the Town for all ceremonial purposes
(Home Rule Charter Chapter 4.4).
Upon election, each Councilor must take the oath of office set forth in the Charter and is expected, thereafter,
to act in accordance with that oath, the Charter and the AMC.
The Oath of Office when Councilors get sworn in reads:
I, _____________________ DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED
STATES AND STATE OF COLORADO, AND THE CHARTER AND ORDINANCES OF THE TOWN OF AVON, AND FAITHFULLY
PERFORM THE DUTIES OF TOWN COUNCIL MEMBER FOR THE TOWN OF AVON UPON WHICH I AM ABOUT TO ENTER.
Boards and Committees
Councilors are assigned to serve on various boards and committees to represent the Town and are expected
to abide by the parameters of their roles on such boards and committees. The list of Intergovernmental
Committees and Authorities that require Council assignments is attached at the end of this Handbook in
Appendix 4. Council appointments are usually approved by Council motion and by majority vote of the
quorum present. It is not a conflict of interest for a Council member to vote for their own appointment to a
board or committees. Councilors should timely keep the Town Manager and Mayor informed of the schedule
and actions of such boards and committees. Council shall also be kept informed of substantive actions of
such boards and committees and appointed Council members shall strive to solicit Council input and direction
on substantive decisions of such boards and committees which may materially affect the Avon community.
Councilors should be mindful of their availability and ability to commit to serving on boards or commissions
in addition to their service on Council and personal and professional endeavors outside of that role.
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Town Organizational Chart
The Town Organizational Chart is a diagram that details the structure of the organization, including the
relationships between departments and relative ranks of positions. For your convenience the most current
version of the Town’s Organizational Chart is included at the end of this Handbook in Appendix 1.
Staff Communication
Effective governance of the Town relies upon the cooperation efforts of Councilors who set policy and Staff
who implement and administer the Council’s policies. Councilors should make every effort to be cooperative
and show mutual respect to the Staff. Councilors should refrain from involvement in administrative and
employment functions of the Town. The role of Councilors should focus on policy matters, such as adopting
ordinances and resolutions, adopting the budget, setting annual goals, providing direction on numerous
projects, and providing direction in response to community matters.
Individual Council members have the right to ask Staff any questions per the Charter, but may not direct
Staff. Questions should be submitted to the Town Manager or to Department Directors with copying the
Town Manager. Concerns or criticisms of any Staff persons should be made directly to the Town Manager
and/or the Mayor. Councilors are encouraged to be conscious and sensitive to the negative impact of public
criticism on Staff as well as the negative impact to the Town’s image.
Councilors should not attempt to influence or direct Manager or Staff on the making of appointments,
employment or personnel matters or decisions, awarding of contracts, selection of consultants, processing
of development applications, or granting of licenses or permits. Council members should not solicit political
support from Staff in any form including, but not limited to, financial contributions, display of posters or lawn
signs, or name on support lists. Staff may support political candidates in a private citizen capacity but all
such activities shall be done away from the work place and during private time.
Inappropriate involvement in administrative or personnel matters by Councilor(s) can create legal liabilities
for Town as well as personal liabilities for the individual Council member and may cause disruption and
inefficiencies in Town governance and operations.
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SECTION II: TYPES OF COUNCIL ACTIONS
Ordinances
Ordinances are local laws enacted by the Council. Ordinances are required for every act making an
appropriation, creating indebtedness, authorizing the borrowing of money, levying a tax, establishing
regulations for which a penalty is imposed, placing a burden upon or limiting the use of private property (e.g.
zoning and land use regulations), except that the adoption of the budget and levying of an ad valorem tax
(i.e. property tax) is adopted by resolution according to the Charter. Ordinances are required to be approved
by two readings, a first reading and a second, final reading except that emergency ordinances can be
approved in one reading. A public hearing must be held on second reading or for an emergency ordinance.
Quasi-judicial land use matters typically notice and schedule public hearings for both first reading and second
reading. Ordinances must be approved by the concurring vote of four (4) Council members except that
emergency ordinances require the concurring vote of five (5) Council members.
Resolutions
Resolutions adopt policies and remain in effect until rescinded or amended by the Council. Resolutions may
enact legislation or policy that is not subject to penalties for violation. A resolution may also state Council’s
opinion or position on an issue. Resolutions are adopted in one reading by a majority of the quorum present
at a Council meeting.
Motions
Motions are the basic form of meeting procedure and may also be used to approve matters or take actions
that do not require the adoption of an Ordinance or Resolution. A motion is used to indicate action on a
procedural matter, such as scheduling a special meeting, approving an agenda item or report or taking action.
Motions may also be used to formally direct the Town Manager. Motions are approved by a majority vote of
the quorum present at a Council meeting. Motions are also the procedure for Council to place an action item
on the floor for Council consideration, which requires both a motion and a second. Examples: “I move to
approve Ordinance No. 24-XX on first reading,” “I move to approve Resolution No. 24-XX”, “I move to approve
the Council meeting minutes,” or “I move to direct the Town Manager to do [XX matter].”
Proclamations
Proclamations are used to express appreciation for an event, organization or individual and are usually
requested by a supporting organization. If a group or individual requests a proclamation, the Mayor may
place the matter on the agenda for Council action.
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Voting and Action
Council voting may occur through a roll call vote or a voice vote. A vote to approve an action requires at
least one more “yes” vote (or “Aye”) than a “no” vote (or “Nay”). In the event of a tie vote, no action is taken.
Pursuant to the Simplified Rules of Procedure, if a tie vote occurs, if the majority of votes are negative, or if
an insufficient number of affirmative votes are not provided, then Council may either consider alternatives to
the proposed action or may decide to move on to other agenda items.
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SECTION III: BUDGET
Town Budget Overview
The annual Town of Avon Budget is the official document which appropriates expenditures for the fiscal year.
The Town’s fiscal year begins on the first day of January and ends the last day of December each year. The
Budget consists of two parts: (1) an estimate of revenues; and, (2) a list of the estimated cost of each item in
the budget. The Town Manager develops a budget calendar and then prepares a proposed budget for Council
review and adoption pursuant to Chapter XII – Finance and Budget of the Charter. The Budget contains
an operational budget, a capital budget, and variety of supplemental budgets for separate funds. Certification
of the Town’s mill levy must be adopted by Resolution no later than December 15 of each year. The Budget
is typically adopted on or before December 15 of each year. If the Budget is not adopted then the amounts
approved for operation of the current fiscal year are deemed adopted for the next fiscal year on a month-to-
month basis until Council adopts the annual budget (Charter - Section 12.7(b))
The Budget is split into the following funds:
(1) General Fund
(2) Capital Improvements Projects Fund (CIP Fund)
(3) Debt Reserve Fund
(4) Mobility Fund
(5) Avon Urban Renewal Authority Fund
(6) Downtown Development Authority Fund
(7) Supplemental Funds, which include:
(a) Community Enhancement Fund
(b) Community Housing Fund, Disposable Paper Bag Fee Fund
(c) Exterior Energy Offset Fund
(d) Fleet Maintenance Fund and Equipment Replacement Fund
(e) Water Fund.
The 2024 Adopted Budget can be found in Appendix 8 and accessed on the Town’s website at
www.avon.org/budget. Councilors may receive, upon request, a hard copy of the adopted budget once the
adopted budget is published.
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Budget Message
The Town Manager prepares the annual Budget in accordance with the Charter which is required to include
a “budget message”. The budget message explains the budget both in fiscal terms and in terms of the work
program. The budget message contains the proposed financial policies of the Town for the next fiscal year,
describe the important features of the budget, indicate any major changes from the current year in financial
policies, expenditures and revenues, together with the reasons for such changes, summarize the Town's
debt position, give the balance between the total estimated expenditures and total anticipated revenue from
all sources, taking into account the estimated surpluses or deficits in the various funds, and include such
other material as the Manager deems necessary or which the Council may require.
Budget Content
The Budget is a comprehensive financial plan for the Town’s money and activities for the next fiscal year. It
must follow legal and Charter requirements but can be organized in a way the Town Manager or Council
prefers. The Town Manager should organize the budget using different categories, such as funds,
departments, programs and the purpose of spending. The Budget should include a summary of what it
contains and should compare the previous year’s actuals and estimates for income and the upcoming year’s
projected figures. It shall include the following in separate sections unless otherwise provided by ordinance:
(a) Anticipated revenues classified as cash surplus (extra money available at the start of the year),
miscellaneous revenues, and amounts to be received from property tax;
(b) Proposed expenditures detail of the planned spending for the year by department and program, and
how these will be financed;
(c) A reasonable provision for contingencies (unexpected expenses);
(d) A capital depreciation account for capital assets, for example buildings and equipment;
(e) Debt and Obligations shall include money needed for debt payments, judgements, and statutory
obligations;
(f) Proposed capital expenditures during the next fiscal year, detailed by offices, departments and
agencies when practicable and the proposed method of financing each such capital expenditure;
(g) Anticipated net surplus or deficit for the next fiscal year for each utility owned or operated by the Town
and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed
income and expenditure information shall be attached as appendices to the budget;
(h) The bonded and other indebtedness of the Town, lists the Town’s debts, including repayment
schedules and status of any sinking funds;
(i) Other information the Council may request.
The Budget is a thorough financial document that details expected revenues, planned expenditures, and
other financial commitments. The Budget needs to be well-organized and include specific sections for
different types of financial information.
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Capital Improvements Projects Plan
(a) The Town Manager shall prepare and submit to the Council a long-range capital improvements projects
plan (“CIP Plan”) simultaneously with the proposed Budget. The CIP Plan incorporates and
implements the direction and goals of Council.
(b) The CIP Plan shall include the following, unless otherwise provided by ordinance:
(1) A clear general summary of its contents;
(2) A list of all capital improvements which are proposed to be undertaken during the following fiscal
years, with appropriate supporting information as to the necessity for the improvement;
(3) Cost estimates, method of financing and recommended schedules for each such improvement;
(4) The estimated annual cost of operating and maintaining the facilities to be constructed or
acquired; and,
(5) Such other information as the Council may request.
This information may be revised or extended each year with regard to capital improvements still pending or
in process of construction or acquisition.
Public Hearings
Public hearings on the proposed Budget and proposed CIP Plan shall be held before final adoption at such
time and place as the Council may direct. Notice of such public hearing and notice that the
proposed Budget is on file for public inspection in the Town Hall shall be published at least seven days prior
to the public hearing. Council shall also conduct a public hearing before adopting any amendments to the
Budget.
Council Action on Budget
(a) Amendments. After the public hearings, the Council may adopt the Budget with or without
amendment. In amending the Budget, it may add or increase programs or amounts and may delete
or decrease any programs or amounts, except expenditures required by law for debt service or for
estimated cash deficit.
(b) Adoption. The Council shall adopt the Budget by Resolution on or before the final day established by
law for the certification of the next year's tax levy to the county, usually December 15 each year. If the
Council fails to adopt the Budget by this date, the amounts appropriated for the operation of the current
fiscal year shall be deemed adopted for the next fiscal year on a month-to-month basis, with all items
in it prorated accordingly, until such time as the Council adopts the budget for the next fiscal year
(Charter - Section 12.7(b)).
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(c) Balanced Budget. The Budget’s total of the proposed expenditures and provisions for contingencies
shall not exceed the total of estimated revenue and unrestricted reserves.
(d) Tax Levy. Adoption of the Budget by Council shall constitute appropriations of the amounts specified
therein as expenditures from the funds indicated and shall constitute a levy of the property tax
proposed. Council shall cause the same to be certified to the appropriate authorities as required by
law.
Contingencies
The Budget may include an item for contingencies. Except in those cases where there is no logical amount
to which an expenditure can be charged, expenditures shall not be charged directly to contingencies; but
instead, the necessary part of the appropriation for contingencies shall be transferred to the logical account,
and the expenditure charged to such account. No such transfer shall be made without the express approval
of the Council, and then only for expenditures which could not readily be foreseen at the time the budget was
adopted.
Public Records
Copies of the Budget and CIP Plan as adopted are public records and shall be made available to the public
in the Town Hall and on the avon.org website.
Amendments after Adoption
(a) Supplemental Appropriations. If during the fiscal year the Town Manager certifies that there are
available for appropriation revenues in excess of those estimated in the budget, the Council by
resolution may make supplemental appropriations for the year up to the amount of such excess.
(b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public
peace, the Council may make emergency appropriations. Such appropriations may be made by
emergency ordinance in accordance with provisions of the Charter. To the extent that there are no
available unappropriated revenues to meet such appropriations, the Council may by emergency
ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but
the emergency notes and renewals of any fiscal year shall be paid not later than the last day of any
fiscal year next succeeding that in which the emergency appropriation was made.
(c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the Town
Manager that the revenues available will be insufficient to meet the amount appropriated, the Town
Manager must report to the Council without delay, indicating the estimated amount of deficit, any
remedial action taken and recommendation(s) as to any other steps to be taken. The Council shall
then take action to prevent or minimize any deficit and for that purpose it may by resolution reduce one
or more appropriations.
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(d) Transfer of Appropriations. Any time during the fiscal year, the Town Manager may transfer part or
all of any unencumbered appropriation balance among programs within a department, office or agency
and, upon written request by the Town Manager, the Council may by resolution transfer part or all of
any unencumbered appropriation balance from one department, office, agency or object to another.
(e) Limitation - Effective Date. No appropriation for debt service may be reduced below any amount
required by law to be appropriated or by more than the amount of the unencumbered balance thereof.
The supplemental and emergency appropriation and reduction or transfer of appropriations authorized
by this section may be made effective immediately upon adoption.
Independent Audit
An independent audit shall be made of all Town accounts at least annually, and more frequently if deemed
necessary by the Council. Such audit shall be made by certified or registered public accountants, experienced
in municipal accounting, selected by the Council. The Town’s current independent audit auditor in 2024 is
McMahan and Associates, LLC located in Chapel Square, Avon. Copies of audits shall be made available
for public inspection at the Town Hall and on the avon.org website.
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SECTION IV: COUNCIL ACTING AS OTHER AUTHORITIES
Liquor Licensing Authority
The Council serves as the Local Liquor Licensing Authority. Please refer to the following excerpt from AMC
Chapter 5.08 for more information:
5.08.010 Purpose
Pursuant to the authority of Articles 47 and 48 of Title 12, C.R.S., 1973, as amended, which are
specifically adopted by the Town, this Chapter is enacted for the purpose of promoting the health, safety
and welfare of the present and future inhabitants of the Town by regulating, controlling and licensing the
sale of malt, vinous and spirituous liquors. (Ord. 79-22 §1)
5.08.020 Local Licensing Authority – Establishment
There is created and established a Local Liquor Licensing Authority for the Town which shall have and
is vested with the authority to grant or refuse licenses for the retail sale of malt, vinous and spirituous
liquors, as provided by law, to conduct investigations in connection therewith, and to suspend or revoke
such licenses for cause in the manner provided by law. The Local Liquor Licensing Authority shall have
all the powers and authority granted by Title 12, Articles 47 and 48, C.R.S., 1973, as amended, and by
the terms and provisions of this Chapter. (Ord. 79-22 §2(A))
5.08.030 Local Licensing Authority – membership – organization – compensation
(a) Until such time as the Town Council may determine otherwise by ordinance, the membership of the
Local Liquor Licensing Authority shall be composed of each and every member of the Town Council.
(b)At the next meeting of the Local Liquor Licensing Authority following the final passage of the ordinance
codified in this Chapter a chairperson and vice-chairperson shall be elected by those members present
at that time from among the entire membership of the authority. The chairperson shall preside at
meetings, rule on questions pertaining to procedure and admissibility of evidence and perform such other
duties as may be necessary. The vice-chairperson shall assume the duties of the chairperson when the
chairperson is absent or incapacitated. A quorum shall consist of four (4) members, and a decision of a
majority of the members present at any meeting shall control. The chairperson or acting chairperson shall
have full voting rights the same as any other member.
(c) Members of the Local Liquor Licensing Authority shall be compensated in the sum of twenty-five
dollars ($25.00) for each meeting attended; except that no member shall receive more than fifty dollars
($50.00) in compensation for his or her services rendered during any one (1) month. (Ord. 79-22 §2 (B,
C, G))
The Deputy Town Clerk coordinates and administers the liquor licensing application process on behalf of
the Town of Avon Local Liquor Board and the State of Colorado Liquor Enforcement Division.
Council has delegated authority to the Town Clerk to administer routine liquor license applications,
including:
o Renewals of Liquor Licenses
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o Modifications
o Special Event Permits
The Local Liquor Licensing Authority board reviews the following applications:
o Applications for new liquor licenses
o A change in premise of liquor licenses
o Routine applications reviewed by the Town Clerk if there are any violations or new matters
revealed in a background check.
Board of Appeals
The Council serves as the Board of Appeals. Please refer to the following excerpt from AMC Chapter 15.06
for more information:
15.06.010 - Appeals to Town Council
A person shall have a right to appeal a decision of the Building Official to the Town Council acting in the
capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within
twenty (20) days after the date of the decision of the Building Official. An application for appeal shall be
based on a claim that the true intent of this Code or the rules legally adopted hereunder have been
incorrectly interpreted. The application must state the specific order, decision or determination
being appealed and include documentation to support the appeal. The Board shall render a decision
within thirty (30) days of receipt of the appeal. The decision of the Board shall be by resolution, and
copies shall be furnished to the appellant and to the Building Official. The Building Official shall take
immediate action in accordance with the decision of the Board.
15.06.020 - Limitations on authority
An application for appeal shall be based on a claim that the true intent of this Code or the rules legally
adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or
an equally good or better form of construction is proposed. The Town Council acting in the
capacity of the Board of Appeals shall have no authority to waive requirements of this Code.
15.06.030 - Limitation of liability
Any member of the Town Council, acting in good faith and without malice for the Town in the
discharge of his or her duties, shall not thereby render himself or herself personally liable. The members
are hereby relieved from all personal liability for any damage that may accrue to persons or property as
a result of their duties. Any suit brought against a member or members of the Town Council
because of any act or omission performed by them in the discharge of their duties shall be defended by
the Town until final termination of the proceedings.
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Urban Renewal Authority
The Avon Urban Renewal Authority (“AURA”) is a separate governmental entity created by the Town but the
Council serves as the AURA board. AURA is responsible for conducting urban renewal activities throughout
the Town of Avon. AURA was created in August 2007 to help the Town improve its Town Center Core and
includes plans to enhance the West Town Center area, Harry A. Nottingham Park and the Main Street Mall.
The AURA has tax increment financing authority which allows the AURA to retain the “increment” (i.e.
increase) in property tax from new development for all taxing authorities and use that revenue for capital
improvements in the West Town Center Investment Plan area. The AURA’s tax increment finance authority
for the West Town Center Investment Plan area expires in 2032.
The purpose of the AURA is to alleviate blight and promote economic vitality and investment interest in the
West Town Center Plan area. Since its inception, the AURA constructed Lake Street (in connection with the
Westin hotel development), improved the Main Street Mall and Lettuce Shed Lane (in connection with the
Wyndham timeshare development), and completed tenant finish of the new Town Hall building. Future
projects are focused on improvements to Harry A. Nottingham Park which support economic activity and
recreational enhancements as well as additional improvements to the Main Street Mall.
AURA is governed by the Council who serve as the seven-member Board of Commissioners. The Town
Manager serves as the Executive Director, who performs all administrative activities for AURA and serves as
project manager for all ongoing projects and activities.
Below is a copy of the Town Center West Area Urban Renewal Plan: Boundary Map
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The Housing Authority of the Town of Avon
The Housing Authority of the Town of Avon (“Authority”) is a separate governmental entity created by the
Town. The Authority was established in 1989 following a petition from the public and the Council found and
determined there was “a lack of safe or sanitary dwelling accommodation in the Town of Avon for all the
inhabitants thereof.”
The purpose of the Authority is to study and make recommendations concerning the Town’s current housing
issues. The Authority can plan, construct, reconstruct, improve, alter or repair housing projects and provide
accommodations for low-income individuals. The Authority may also secure bonds for financing for future
housing projects.
Originally, the Authority was to be governered by five Commissioners appointed by the Mayor, with no more
than one commissioner being city official. However, it was later determined following a public hearing, that
all members of Council are appointed the Commissioners of the Authority.
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SECTION V: DOWNTOWN DEVELOPMENT AUTHORITY
Downtown Development Authority Overview
The Avon Downtown Development Authority (“Avon DDA”) is a separate governmental entity created by the
Town, with a separate Avon DDA board.
PRIMARY PURPOSE: The primary purpose of the Avon DDA is to provide additional funds to construct
Community Housing. The shortage of affordable housing is at a crisis level and is directly impacting the
ability of private and public employers in Avon to fill vacant employment positions. The shortage of affordable
housing is also leading to increased employee turn-over and increased costs associated with recruiting and
training new employees.
SECONDARY PURPOSE: A secondary purpose of the Avon DDA is to provide additional funds for public
improvements that benefit the health, vitality and success of the Avon commercial core. Public improvement
projects may include public parking structures, enhanced streetscapes and pedestrian connections, early
childhood education, expansion of the Avon Recreation Center, and construction of parks and trails
amenities.
FUNDING: An Avon DDA is authorized to capture the increment of new property taxes from new development
and construction within the Avon DDA area. This property tax increment can be pledged for the payment of
municipal bonds to construct Community Housing and other approved public improvements. This form of
financing is called Tax Increment Financing.
The Avon DDA board composition includes one (1) Town Councilor and ten (10) Directors. To be eligible,
Directors must reside, be a business lessee, or own real property in the Avon DDA, provided that a majority
of Directors must own or reside within the Avon DDA boundaries. The current Board members and their
respective terms can be found at www.avon.org/dda.
The boundary area of the Avon DDA encompasses the West Town Center, East Town Center and valley
floor area of the Village (at Avon) as seen below. Refer to Ordinance 23-02 to view the boundary in greater
detail.
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SECTION VI: PLANNING AND ZONING COMMISSION
Planning and Zoning Commission Overview
The Town of Avon has a Planning and Zoning Commission (“PZC”) which is appointed by the Council and
which serves a significant role in reviewing development applications, revisions to the Development Code
(Title 7 of the AMC), and amendments to the Comprehensive Plan document. A Planning and Zoning
Commission is a common entity that nearly all municipalities and counties have appointed. The scope of
duties and authority involve review of development and land use changes that affect constitutional property
rights and due process rights of both property owners and nearby residents and property owners that may
be affected by such application. As such, the PZC meetings and actions are highly structured to provide
notice and conduct public hearings as set forth in the Development Code.
The Development Code was adopted in 2010 which was the culmination of a two-year process to consolidate
and update the former AMC titles for zoning and subdivision. The Development Code is typically amended
once each year for routine updates and refinements.
The purposes of the PZC are stated in Section 7.04.030 of the Development Code as follows:
7.04.030 - Purposes.
The Development Code is intended to promote and achieve the following goals and purposes for the
Avon community, including the residents, property owners, business owners and visitors:
(a) Divide the Town into zones, restricting and requiring therein the location, erection,
construction, reconstruction, alteration and use of buildings, structures and land for trade,
industry, residence and other specified uses; regulate the intensity of the use of lot areas;
regulate and determine the area of open spaces surrounding such buildings; establish building
lines and locations of buildings designed for specified industrial, commercial, residential and
other uses within such areas; establish standards to which buildings or structures shall
conform; establish standards for use of areas adjoining such buildings or structures;
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(c) Comply with the purposes stated in state and federal regulations which authorize the
regulations in this Development Code;
(d) Avoid undue traffic congestion and degradation of the level of service provided by streets and
roadways, promote effective and economical mass transportation and enhance effective,
attractive and economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
(f) Provide a planned and orderly use of land, protection of the environment and preservation of
viability, all to conserve the value of the investments of the people of the Avon community and
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encourage a high quality of life and the most appropriate use of land throughout the
municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities
which exceed capacity or degrade the level of service for existing residents; provide for phased
development of government services and facilities which maximizes efficiency and optimizes
costs to taxpayers and users; and promote sufficient, economical and high-quality provision of
all public services and public facilities, including but not limited to water, sewage, schools,
libraries, police, parks, recreation, open space and medical facilities;
(h) Minimize the risk of damage and injury to people, structures and public infrastructure created
by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural
hazards;
(i) Achieve or exceed federal clean air standards;
(j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion,
reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into
streams and enhancing public access to recreational water sources;
(k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of
historical and archaeological importance, provide for adequate open spaces, preserve scenic
views, provide recreational opportunities, sustain the tourist-based economy and preserve
property values;
(l) Promote architectural design which is compatible, functional, practical and complimentary
checking to Avon's sub-alpine environment;
(m) Achieve innovation and advancement in design of the built environment to improve efficiency,
reduce energy consumption, reduce emission of pollutants, reduce consumption of non-
renewable natural resources and attain sustainability;
(n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs
in the Town, provides a range of housing types and price points to serve a complete range of
life stages and promotes a balanced, diverse and stable full time residential community which
is balanced with the visitor economy;
(o) Promote quality real estate investments which conserve property values by disclosing risks,
taxes and fees; by incorporating practical and comprehensible legal arrangements; and by
promoting accuracy in investment expectations; and
(p) Promote the health, safety and welfare of the Avon community.
The PZC also serves as a Design Review Board for the Town. The purposes of the PZC when acting as the
design review board are as follows:
• To ensure that the architectural design of vertical structures and their materials and colors conform
with the Town's overall appearance, with surrounding development if appropriate, with natural and
existing landforms, with the standards identified in the Development Code and with officially
approved development plans, if any, for the areas in which the structures are proposed to be located;
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• To ensure that the location and configuration of vertical structures, including signs and signage, are
contextually appropriate to their sites and with surrounding sites and structures if appropriate and
that the structures and signage conform to the requirements of the Development Code;
• To ensure that plans for the landscaping of property and open spaces conform with the rules and
regulations as prescribed by the Town and to provide appropriate settings for vertical structures on
the same site and on adjoining and nearby sites as determined by the Development Code; and
• To prevent excessive or unsightly grading of property that could cause disruption of natural
watercourses or scar natural landforms.
The PZC is composed of seven (7) members appointed by Council for a two (2) year term. The current
Planning Commissioners and their respective terms can be found at www.avon.org/pzc.
Please click here for the Town of Avon zoning map.
Public comment can be submitted to Staff on behalf of the PZC at pzc@avon.org.
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SECTION VII: CITIZEN COMMITTEES
Overview of Citizen Committees
Since 2019 Council appoints three separate Citizen Committees to increase input and involvement from the
Avon community. The three Citizen Committees include the Culture, Arts & Special Events Committee, the
Finance Committee, and the Health & Recreation Committee.
Culture, Arts & Special Events Committee
The Culture, Arts & Special Events (“CASE”) Committee was adopted by Resolution 19-12 in May 2019, to
formalize and establish a permanent citizen committee after two years of an initial Ad Hoc Special Events
Committee. To date, CASE has primarily provided input on the strategic planning and investment in special
events held from Spring through Fall.
The purposes and duties of the CASE Committee are as follows:
• To provide advice concerning the Cultural Plan for the Town of Avon, as may be amended from time
to time;
• To review, research and provide guidance and advice on culture, arts and special event programming
in the Town of Avon;
• To review applications for Town funding allocated for special events and provide recommendations
to the Council, and to develop applications forms and procedures and review criteria related to such
funding applications;
• To conduct surveys and prepare reports related to special events as appropriate and as directed by
Council;
• To attend joint meetings with the Council to review past, present and future special events, review
and evaluate implementation of the Cultural Plan, review annual appropriations to support culture,
arts and special events, and to review policies, procedures and practices for culture, arts and special
events and CASE; and,
• To perform such other tasks related to culture, arts and special events in or near Avon as the Council
may direct.
The CASE Committee is composed of seven (7) voting members and two (2) Ex-Officio Non-Voting Council
members appointed by Council. The current CASE Committee members and their respective terms can be
found here: www.Avon.org/Case-Committee.
The Resolution adopting the CASE Committee is attached at the end of this Handbook in Appendix 5.
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Finance Committee
The Finance Committee was adopted by Resolution 19-15 in July 2019 and extended by Resolution 22-14
in June 2022. The purposes and duties of the Finance Committee are as follows:
• To review, research and study the Town’s tax and fee structure and sources of revenue, including
but not limited to:
(i) comparisons to both incorporated and unincorporated peer communities,
(ii) potential volatility associated with various revenue sources, and
(iii) determining the percentage of revenues attributable to residents, second homeowners, visitors
and businesses;
• To review, research and study the Town's economy as it relates to the Town's finances;
• To prepare reports as appropriate to assist the Council and the general public to better understand
the Town's finances;
• To make recommendations to the Council consist with this Resolution; and,
• To perform such other tasks related to the Town's finances as the Council may request.
The Finance Committee is a temporary, non-permanent advisory board and shall automatically expire on
January 31, 2024 unless terminated earlier by Council resolution or unless the expiration date is extended
by Council by resolution. The committee is composed of five (5) to nine (9) voting members and two (2) Ex-
Officio Non-Voting Council members appointed by Council. The current Finance Committee members and
their respective terms can be found here: www.avon.org/Finance-Committee.
The Resolution adopting the Finance Committee is attached at the end of this Handbook in Appendix 5.
Health & Recreation Committee
The Health & Recreation Committee was adopted as an ad-hoc committee by Resolution 19-16 in July 2019,
extended in February 2022 by Resolution 22-02 and made into a permanent committee by Resolution 24-
05 in February 2024. The purposes and duties of the Health & Recreation Committee are as follows:
• To review, research and study the Town of Avon's health and recreation, including but not limited to:
(i) "healthy community" issues, planning, policies and implementing strategies for improving overall
community health, (ii) comparisons to both incorporated and unincorporated peer communities of
recreation facilities and programs, and (iii) the design, programming and estimated cost of
recreational facility improvements, including but not limited to remodeling and expansion of the Avon
Recreation Center;
• Conducting community outreach, studies and surveys to determine community preferences for
recreation programming, recreation facilities and healthy community policies;
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• Serve as a liaison to Eagle County health communities efforts; and
• To provide recommendations to the Council concerning healthy community, recreation programming
and recreation facilities.
The Health & Rec Committee is a permanent advisory board composed of five (5) to nine (9) voting members
and two (2) rotating Ex-Officio Non-Voting Council members appointed by Council. The current Health & Rec
Committee members and their respective terms can be found here: www.avon.org/HealthandRec-
Committee.
The resolution adopting the Health & Recreation Committee is attached at the end of this Handbook in
Appendix 5.
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SECTION VIII: MUNICIPAL LAWS
Overview
The Town of Avon is a municipal corporation formed pursuant to the laws of the State of Colorado. As a
municipal corporation there are a wide variety of laws that apply to the Town of Avon as a local government
entity. While the entire AMC is lengthy and the Colorado Revised Statutes are vast, Council members should
have a basic familiarity with the municipal laws described in this Section.
Home Rule Authority
Avon citizens adopted home rule authority for the Town of Avon in 1978 at the time that Avon was
incorporated in conformity with Article XX of the Colorado Constitution. This authority is primarily documented
and described in the Avon Home Rule Charter (“Charter”). There are a total of 105 home rule municipalities
in Colorado, including 62 cities and 38 towns.
Home Rule authority provides the Town of Avon with greater authority to legislation on matters of local
concern, with the limitation that the Town cannot infringe upon federal or state constitutional rights. There are
a number of areas considered matters of “state concern” where the State of Colorado has “preempted
regulations” and where the Town cannot adopt different regulations (e.g. fire arms, liquor laws, drinking water
quality, vehicle registration) and other areas that are considered matters of “mixed local and state concern”
where the Town of Avon has authority to regulate to the extent that such regulations do not conflict with state
regulations.
Open Meetings Law
Colorado first adopted the open meetings laws (aka “Colorado Sunshine Law”) in 1972. Basically, the rule is
local government meetings must be open to the public and must be noticed at least 24 hours in advance of
such meeting. The Colorado Open Meetings Law allows public access to all meetings, with the exception of
executive sessions. Executive sessions (closed door meetings) must meet specific legal criteria and be for
the purpose of receiving legal advice on a specific legal matter, negotiation, a personnel matter, or another
subject that is protected by law. A request to meet in executive session must be voted on and approved by
2/3rds of Council members at the meeting before Council may convene into executive session. Please view
this Quick Guide to Executive Sessions.
The Open Meeting Law defines a “local public body” as any board, committee, commission or other policy
making, rulemaking, advisory or formally constituted body of a political subdivision of the state such as
municipalities. The Open Meetings Law defines a “meeting” as any kind of gathering, convened to discuss
public business, in person, by telephone, electronically or by other means of communication.
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The Openness Requirement: Whenever three or more members of the Council (the local “public body”) get
together and public business is discussed, or formal action may be taken, the gathering is considered a
“meeting.” The law requires that the public be given timely notice of meetings; this means that meetings must
be noticed (i.e. posted in designated locations in Town) at least twenty-four hours in advance.
Meetings conducted by telephone, electronically or by other means of communication: Technological
advancements have provided many methods for public officials to confer such as videoconferencing,
conference calls, text messaging, and e-mails. Consequently, the Open Meeting Law now includes
“electronic” as well as “other means” of communication under the statutory definition of “meeting.” The Open
Meeting Law now explicitly subjects the e-mail communication of elected officials that discusses pending
legislation or other public business to the requirements of the law.
Social Gatherings: The Open Meetings Law provides that chance meetings or social gatherings of public
officials at which discussion of public business is not the central purpose are not subject to the provisions of
the law. Council members should not discuss any Town business if three or more Council members
encounter each other at a chance meeting or social gathering.
Colorado Open Records Act
The Colorado Open Records Act (“CORA”) statute provides public access to public records in the possession
of all levels of government in Colorado, including municipalities. CORA requires that public records must be
produced upon request to the public. A “public record” includes all writings and electronic documents and
records that are made, maintained or kept by the Town. There are some exceptions to records that are in the
Town’s possession which are not “public records” including confidential records.
CORA is a very detailed and highly structured act that creates regular duties for the Town Clerk, as the official
custodian of public records, to respond to public records requests. The Public Records Policy is available on
the Town’s website.
Meeting Minutes and Recordings
The Town Clerk takes minutes of every regular, special and emergency Council meeting and presents a draft
of meeting minutes for Council adoption thereafter. Minutes are a summary of the meeting that indicates the
actions taken and shall include brief descriptions of discussions which occur on various matters. The Town
Clerk records all regular, special and emergency meetings of the Council. Meeting minutes are available on
the Town’s avon.org website.
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Municipal Records Retention Policy
The Town Clerk is responsible for records retention. In 2003, the Town approved Resolution No. 03-26 to
follow Colorado’s Model Municipal Records Retention Schedule. You can find the Municipal Records
Retention Manual here.
Town Code of Ethics
The Code of Ethics, AMC Chapter 2.30, prohibit Council Members, appointed officials, appointed board,
committee and commission members, and Town employees from taking action in their capacity for the Town
when there is a conflict of interest. The conflict of interest restrictions primarily concern matters in which a
Council Member, appointed official, appointed board, committee and commission member or Town employee
may have a significant financial interest, including a potential future financial interest but also addresses an
“appearance of impropriety”. The Code of Ethics dictates that Council is to determine if a conflict of interest
exists; this is not a determination of an individual Councilor. Under the Code of Ethics, a conflict of interest
may be determined by the Council to exist when an actual conflict does not exist but merely the appearance
of a conflict exists. The Town Code of Ethics also includes provisions on gift restrictions and reporting.
Councilor’s are expected to review and understand the Code of Ethics section of the AMC (Appendix 3),
which is located in Chapter 2.30 Town Code of Ethics.
Council members are required to disclose conflicts of interest (AMC Chapter 2.30.060), refrain from
attempting to influence other members of the Council on the matter, refrain from discussing the matter with
other Council members, may not vote on the matter and must leave the Council chambers when the matter
is being discussed. A general rule is if the matter involves anything in which a Council member has or might
have a direct or indirect financial interest, except for matters of common public interest, such matters must
be disclosed and the Council will promptly vote to determine whether a conflict of interest exists .
Consult with the Town Attorney whenever there is any question about whether you may be determined to
have a conflict of interest. If in doubt always disclose the matter at a Council meeting.
Legislative Matters v. Quasi-Judicial Proceedings (Due Process)
State and Federal Courts characterize certain governmental entity decisions as either legislative or quasi-
judicial; quasi-judicial is when applying constitutional due process (fair hearing) is required. It is important
to understand the differences between the two as Courts require special procedures to be followed for
quasi-judicial matters.
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Legislative Matters:
Legislative matters are matters of general concern or with applicability throughout a municipality. In the
legislative role, the Council reviews, recommends, creates, and amends regulations on a Town wide basis.
Legislative matters are frequently referred to as “policy making” and the Council may freely discuss
legislative matters with the general public.
• Examples: Resolutions or Ordinances with broad application and amendments to the Municipal
Code.
Quasi-Judicial Matters:
Quasi-judicial matters involve the application of established policy in existing law to facts presented to
Council at quasi-judicial hearings in order to reach a decision. In other words, Council does not set new
policy in a quasi-judicial proceeding. Instead, Council applies policy that is already established in existing
law to specific facts gathered at the hearing to arrive at its decision on the case presented.
• Examples: Special use permits, zoning variances, subdivision plat approvals, liquor license
issuance, and nuisance abatement.
During quasi-judicial hearings, the Council acts in a manner similar to a judge and it must make an
objective decision that is based upon the evidence presented at the hearing and the current law and
applicable legal standard.
These proceedings impact the property rights of an individual, an entity, or a small group of individuals
and fairness and due process must occur. Everyone with an interest in the case, as well as all members
of the decision-making body, must hear the same evidence at the same time from the same sources.
The applicant, appellant, or property owner deserves the opportunity for a fair, impartial hearing before
unbiased, impartial decision makers, each of whom have had the benefit of the same input and testimony.
During quasi-judicial hearings, Council will not engage in reflective listening.
Council’s Impartiality in a Quasi-Judicial Proceeding may be affected by:
• Pre-judgment or bias. An individual Councilor’s desires, personal preferences, or prejudices must
not be a factor for consideration or enter into their decision-making. A councilor must not have their
mind made up before the hearing and must remove themselves from the process if they have
advocated one way or the other on a quasi-judicial matter. Each Councilor participating in the
hearing must have the ability to decide the case fairly and impartially in a manner that is solely
based on the evidence and testimony presented to them at the hearing.
• Conflicts of Interest. See Chapters 2.30.060 and 2.30.080 regarding Conflict of Interest and
Disclosure of Conflict of Interest in Council Action as set forth in the Town’s Ethics Code.
• Ex-Parte Communications. Ex-Parte communication refers to information received “outside of the
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record” whether verbal, written, electronic, or graphic. Ex-parte communications are also defined
as communication between a Councilor and one party outside the presence of the other parties to
the case or other affected individuals.
Due to the legal constraints of this process, Councilors may not discuss quasi-judicial issues outside
of a hearing and Council must refrain from listening to opinions outside of the public hearing and
should not form opinions until the hearing. Council should also refrain from researching the issue
outside the hearing. If a member of the public or the applicant attempts to share opinions or discuss
the issue with a Councilor outside of the hearing, the Councilor must explain they cannot engage in
ex-parte communication regarding quasi-judicial matters. Instead, the Councilor should direct the
individual to provide written comments to Staff so such comments can be included in the public record
and considered by all Council members at the proper time.
Courts generally hold that ex parte communications are improper and may provide legal grounds for
overturning a Council’s decision. These rules promote impartial decisions by ensuring disclosure of
all evidence and arguments presented to the Council in its deliberation and decision. These rules
also give everyone involved a fair chance to respond to all information that may affect the decision.
If any Councilor believes that their ability to participate in the hearing fairly and impartially has been
compromised they must cure the issue by disclosing the issue on the record or recusing themselves
from the hearing.
Legal Actions: Rule 106(a), Section 1983 Claims, and Other Claims
There is always the potential for lawsuits against the Town of Avon to challenge a Town action, attempt to
compel a Town action or seek damages against the Town. Although a complete review of potential legal
challenges is not possible, several common claims against municipalities are highlighted for Council’s
awareness.
Council Members Named Individually: It is typical for most lawsuits against a municipality to name the
Town of Avon as a municipal organization and then also name Council members individually. That general
rule is that the Town of Avon defends actions and decisions of individual Council member while serving in
their official capacity. The exception to this rule is if a Council member is acting unlawfully (i.e. a violation of
Council oath to uphold laws) in a knowing or reckless manner. An example would be if a Council member
attempted to approve a contract as an individual that obligated the Town to payments or created Town liability
when the contract was not authorized by Council or Town Manager. Such instances are very rare and typically
involve some form of knowing and intentional financial conflict of interest.
Rule 106(a) Actions: Colorado Rules of Civil Procedure include the ability to legally challenge and invalidate
a local government decision as “arbitrary and capricious” under Rule 106(a). The local government decision
that is subject to a Rule 106(a) challenge is typically a “quasi-judicial” decision. A Rule 106(a) challenge must
be filed in District Court within 28 days after the date of the final decision of the Town of Avon. The AMC is
structured to allow any administrative decision or PZC decision to be appealed to the Council so that for
nearly all instances it is only the final decision of Council that may be challenged in District Court. Rule 106(a)
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challenges can arise from any land use decision, code enforcement action, decision on the payment of a tax,
fee or fine, or decision affecting a business interest such as a business license or liquor license.
Rule 106(a) challenges are a review of the “record of decision” where all materials considered for the
decision, including Staff reports, applicant information, and public comment, and a transcript of the public
hearing. Often times a “Record of Decision” is prepared and formally adopted by Council which documents
all the materials and the Council “findings of fact” that serve as the basis for a decision. The most important aspect to understand is that Council must base its quasi-judicial decisions on specific “findings of
fact” that relate to adopted review criteria to survive a legal challenge that a Council decision is
arbitrary and capricious.
Section 1983 Actions: Section 1983 actions refer to a section of the federal code which allows individuals
to sue governmental entities for violations of federal constitutional rights under “color of law”. These actions
allow for potential recovery of attorneys’ fees and damages. Examples of Section 1983 claims include land
use decisions that result in a “taking” of private property or denial of “due process”, alleged practices by police
departments that discriminate against persons based on race, nationality or ethnicity, and local government
practices that infringe upon free speech. Awareness and compliance with constitutional law is a routine
and fundamental function of the Town of Avon as a local government entity.
Tort Claims: Tort claims involve claims for damages when someone experiences personally injury or
property damage that is the result of the Town having a duty in some manner to the individual, breaches the
duty, and such breach causes the damages. Tort claims against local government are highly regulated the
Colorado Governmental Immunity Act, which is discussed more below. Avon, local nearly all local
governments, routinely receives “notice of claims” and coordinates response to such claims with CIRSA. The
most direct areas of tort claims for concern are road hazards (i.e. open excavation in travelled
roadway) and entrances to public buildings.
Breach of Contract: The of Town of Avon is subject to breach of contract claims, and may bring breach of
contract claims, in the same manner as private parties. There are some contract terms that are unique to
local governments and municipalities. Generally, the Town uses standardizes forms, or incorporates
standardized municipal provisions, that are commonly used by municipalities which protect the Town from
liability. When retaining a party to provide services the Town generally structures contracts to receive services
first and pay after performance of services.
Local Government Statutory Claims: There are numerous statutory requirements for local government,
such as compliance with the Colorado Open Records Act and Colorado Open Meetings Law, that establish
the right of individuals to bring legal actions for non-compliance.
Statute of Limitations: The last legal concept to mention is the Statute of Limitations which creates
deadlines to bring legal actions, whether against the Town or by the Town. There are different rules for
enforcement of code violations, recovery of taxes and fees, breach of contract, collection of debts and filing
claims based in tort.
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Governmental Immunity
Sovereign immunity is the state’s immunity from most kinds of lawsuits unless the state consents to be
sued. Governmental immunity is generally understood to be that portion of the state’s sovereign immunity
which extends to local governments.
Governmental immunity bars tort claims against local governments for injuries caused by their employees or
agents acting within the scope of their duties in the performance of governmental functions. It does not
protect a local government from tort claims arising from the performance of proprietary functions. Much of
the case law involving governmental immunity focuses on whether (1) the employee who caused the injury
was acting within the scope of the employee’s duties and (2) whether the activity in which the employee was
engaged was governmental or proprietary.
Colorado Intergovernmental Risk Sharing Agency (CIRSA)
The Colorado Intergovernmental Risk Sharing Agency (CIRSA), is a public entity formed over 30 years ago
by Colorado municipalities for Colorado municipalities. With more than 270 communities and public entities,
CIRSA is a self-insurance pool and member-owned organization which provides member-influence over the
programs and services CIRSA offers. As a member, the Town’s contribution buys an equity interest in
CIRSA’s self-insured pool potentially lowering our future contributions.
CIRSA proactively identifies and manages risks, improves the claims experience, and works collaboratively
with the Town to cut our losses. In addition, CIRSA provides free training and education for elected officials
and board members, enriched resources ranging from on-the-job safety training to workplace harassment
awareness, practical tools plus webinars and safety manuals, and in the event that a claim or lawsuit is filed,
CIRSA will manage the process and assign an experienced public entity attorney to represent the Town.
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Tax Payors Bill of Rights (TABOR)
TABOR is the Taxpayer Bill of Rights, passed by the voters in 1992. TABOR prohibits any tax increase
without a vote of the people. In addition, TABOR places strict limits on how much revenue the state of
Colorado can keep and how much it can spend. Specifically, TABOR allows the state to retain and spend an
amount based on the prior fiscal year's actual revenue or limit, whichever was lower, grown by Colorado
inflation and population growth and adjusted for any "voter-approved revenue changes. TABOR limits are
the strictest revenue and spending limits in the nation. Any revenue collected in excess of TABOR’s revenue
limits must be refunded to the taxpayers. For more information about TABOR, visit the following pages on
the Legislative Council Staff website:
• TABOR Revenue Limit
• History of TABOR Refund Mechanism
• History of TABOR Enterprises
• Report on Referendum C Revenue and Spending
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SECTION IX: POLICY DOCUMENTS
Overview
Council has adopted a variety of formal Policy Documents over the years. These documents are typically
created through a community engagement process and subject to multiple public hearings prior to adoption.
These Policy Documents provide general goals and defined strategies for implementation which often
transcend Councilor’s 4-year terms. It is important to acknowledge these Policy Documents for decision
making and prioritizing the Town’s Staff work plans; as well it is important to update and revise such
documents to reflect accomplishments as well as changed circumstances which may require a change in
community goals, strategies and priorities.
Comprehensive Plan
Avon's Comprehensive Plan (Appendix 10), adopted in 2017, was recently awarded the Vernon Deines
Award for Outstanding Small Town or Rural Plan by the prestigious American Planning Association. Avon’s
Comprehensive Plan is an overarching plan that guides Avon's land use and development. The
Comprehensive Plan creates the goals and policies that encourage the type of growth and values that Avon
citizens envisioned during the public comment process.
A number of overarching goals and policies provide direction in the following community-wide topic areas:
A. Built Form
B. Land Uses
C. Community Character
D. Economic Development
E. Housing
F. Multi-modal Transportation & Parking
G. Environment
H. Parks, Recreation, Trails, and Open Space
I. Public Services, Facilities, Utilities, and
Government
J. Regional Coordination
Each topic area contains one or more goals and several specific policy objectives. Certain goals and policies
are more specific and timely than others; however, all goals and policies contribute to the vision of the plan
and its implementation.
Finally, certain policies interrelate to several topic areas (such as policies that are relevant to both Land Use
and Economic Development).
The comprehensive plan also serves as a basis for the adoption of the zoning map and amendments to the
zoning map.
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Avon Community Housing Plan
The Community Housing Plan (Appendix 11), last updated in 2021 sets the following goals and objectives:
a. Support the establishment of a dedicated funding source to sustain the Community Housing Fund;
b. Focus on increasing deed restricted homeownership opportunities for households making equivalent
of 140% or less of the Area Median Income (“AMI”). A household of three earning 140% AMI is
expected to be able to afford a home price of $571,000 in 2021.
c. Grow the inventory of homeownership and “missing middle” inventory, in place of additional rental
housing stock, to create a more balanced portfolio with a long-term goal of more home ownership
opportunities;
d. When considering new rental housing, prioritize price point, quality and amenities attractive to “step
up” renters and seniors looking to downsize, focusing on the 80-120% AMI level;
e. Stabilize or increase the percentage of owner-occupied year-round residents; currently 56.5% of all
dwelling units in Avon are owner-occupied by year-round residents;
f. Stabilize or increase the percentage of Qualified Employees
residing in Avon;
g. Seek to add deed restricted units to the inventory through the
Mi Casa program and other mechanisms;
h. Partner with other communities and entities (i.e. Habitat for
Humanity, Vail, Eagle County), and private employers to
combine buying power and construct new housing units:
i. As sites redevelop, strive for “no net loss” of units in the 80-
120% AMI range, and when possible, increase housing
serving the local year-round population; and
j. Re-evaluate goals and objectives on an annual basis,
including the ongoing monitoring of new projects and housing
stock in the mid-valley; appendices may be updated by
Community Development Department pending updated
information.
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Climate Action Plan
On December 13, 2016, Council unanimously voted to adopt the Climate Action Plan for the Eagle County
Community (Appendix 9). The plan is the culmination of a year-long effort that included more than 30 Eagle
County stakeholders who were tasked with reducing GHG emissions for the entire County.
The 2020 update to the Climate Action Plan for the Eagle County Community calls for greenhouse gas
emission reduction targets of 50% by 2030 and a minimum of 80% by 2050. Energy use, transportation use,
commercial buildings, waste and energy sources are all addressed within the plan, which is focused on
climate mitigation. In order to meet the established targets, the plan also contains project recommendations
for the community, including county government, towns, businesses, nonprofits, and other partners to begin
immediate climate action.
The collaborative stakeholder group continues to convene regularly to implement the goals and strategies
recommended in the Climate Action Plan and monitor success. Five sector-based working groups have
formed:
1) Education and Outreach
2) Residential Buildings
3) Commercial Buildings and Industrial
4) Transportation and Mobility
5) Materials Management and Waste Reduction.
Walking Mountains Science Center was contracted to serve as project manager to convene and facilitate
this community-wide project.
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Other Plans
The Community Development Department is responsible for managing the Town's built environment and
creating a livable community that balances the needs of residents, businesses, property owners and visitors.
Below is an overview of the long-range documents and plans
Long-Range Documents:
• (2024) Avon Comprehensive Plan
• (2021) Avon Community Housing Plan
• (2018) Town Owned Properties Plan
• (2015) Avon Urban Renewal Plan for Town Center West Area
• (2018) Multimodal Transportation and Parking Plan
• (2015) Walkability Report
• (2009) Harry A. Nottingham Park Master Plan
• (2009) Transportation Plan
• (2007) West Town Center Investment Plan
• (2007) East Town Center District Plan
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SECTION X: AFFILIATIONS
Buffalo Ridge Affordable Housing Board
Buffalo Ridge Apartments are owned and operated by the Buffalo Ridge Affordable Housing Corporation, a
Colorado non-profit corporation formed pursuant to the guidelines of revenue ruling 1963-20. The formation
of the Corporation was approved by the Town of Avon and the Corporation is being operated exclusively on
behalf of and for the benefit of the Town. The management of the Corporation is accomplished through a
Board of Directors (the "Board") which oversees administration, operations and maintenance of the Project.
Climate Action Collaborative | CAC
The Climate Action Collaborative (“CAC”) for the Eagle County Community is a group of local governments,
businesses, schools, special districts and nonprofits tasked to implement the recommendations of
the Climate Action Plan for the Eagle County Community. The plan recommends county-wide carbon
pollution reduction targets of 50% by 2030 and 80% by 2050, from the Eagle County 2014 baseline inventory.
The Collaborative meets quarterly and includes working groups focusing on reductions in: buildings
(residential & commercial), transportation, the landfill, and our energy supply. There is also a working group
dedicated to education and outreach in the Eagle Valley. For more information about the Climate Action
Collaborative visit their website at www.walkingmountains.org/climate-action-collaborative.
Colorado Association of Ski Towns | CAST
The Colorado Association of Ski Towns (“CAST”) is an organization of 26 municipalities and four counties
whose economies are largely dependent upon the ski industry and tourism. Members include the mayors,
managers and council members of the resort towns. The Association was formed in part to recognize that
resort communities face unique challenges in providing municipal services to residents and visitors. Member
municipalities share the benefits of the diverse knowledge, experience and leadership offered through
meetings, conferences, surveys and other informational venues, as decided by the members.
CAST members use the power of the coalition to seek support for legislation that will benefit and sustain the
mountain communities. CAST supports actions that keep member communities livable, protect their pristine
environments, and promote community-based land use, mass transit, affordable housing, and sustainable
tourism. CAST’s goal is to foster growth that will ensure an exceptional quality of life for citizens and a positive
experience for visitors. For more information about CAST visit their website at www.coskitowns.com.
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Colorado Communities for Climate Action | CC4CA
Colorado Communities for Climate Action (“CC4CA”) is a coalition of 34 local governments across the state
advocating for stronger state and federal climate policy. CC4CA is governed by a Board of Directors of
representing all of the member communities.
Colorado Communities for Climate Action has adopted, by unanimous consent among its members, a policy
statement that guides the coalition’s efforts. The Policy Statement includes promoting plans and actions to:
a. Extend current authorities and provide new ones for local action.
b. Set new state climate-protection goals.
c. Define and implement concrete steps to meet those goals.
d. Reduce carbon pollution through concrete new policies on electricity generation, energy efficiency,
transportation, and waste management.
e. Ensure that all of Colorado benefits from the clean energy transformation.
For more information about the CC4CA visit their website at www.cc4ca.org.
Colorado Municipal League | CML
The Colorado Municipal League (“CML”) is a non-profit organization that has served and represented
Colorado cities and towns since 1923. Currently 265 of Colorado’s 271 municipalities are members of CML.
CML provides advocacy, information and training to its members.
CML’s mission is twofold: to represent cities and towns collectively in matters before the state and federal
government, and to provide a wide range of information services to assist municipal officials in managing
their government. Then Town of Avon is a member of CML and the organization sends an informational
welcome packet to newly elected council members and monthly newsletters. In addition, CML has an Elected
Official’s Starter Kit available on their website. For your convenience, this kit has been attached at the end of
this Handbook in Appendix 6. For more information about CML, please visit their website at www.cml.org.
CORE Transit (Eagle Valley Transportation Authority)
Council of Governments | NWCCOG
The Eagle Valley Transportation Authority (“EVTA”) is a seven member board comprised of one member
from every participating jurisdiction in Eagle County. EVTA board members are appointed by their
jurisdiction's council members. The half-cent county sales tax is dedicated to funding regional transportation.
The EVTA board meets monthly to make to discuss long- and short-term plans and strategies for the provision
of regional mass transportation and trails in and around Eagle County.
For more information about the EVTA Advisory Board visit their website at https://evta.colorado.gov/
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EagleBend Affordable Housing Board
EagleBend Apartments are owned and operated by the EagleBend Affordable Housing Corporation, a
Colorado non-profit corporation. The formation of the Corporation was approved by the Town of Avon and
the Corporation is being operated exclusively on behalf of and for the benefit of the Town. The management
of the Corporation is accomplished through a Board of Directors (the "Board") which oversees administration,
operations and maintenance of the Project.
EagleBend Dowd Affordable Housing Board (Kayak Crossing)
Kayak Crossing Apartments are owned and operated by the EagleBend Dowd Affordable Housing
Corporation, a Colorado non-profit corporation formed pursuant to the guidelines of revenue ruling 1963-20.
The formation of the Corporation was approved by the Town of Avon and the Corporation is being operated
exclusively on behalf of and for the benefit of the Town. The management of the Corporation is accomplished
through a Board of Directors (the "Board") which oversees administration, operations and maintenance of
the Project.
Eagle County Community Wildlife Roundtable
The Eagle County Community Wildlife Roundtable is a collaborative partnership with the White River National
Forest, Colorado Parks and Wildlife, Bureau of Land Management, local government entities, community
members, and citizen scientists.
The purpose of the Eagle County Community Wildlife Roundtable is to gather a group of diverse stakeholders
in the valley to understand and address issues facing wildlife populations. Together we will identify a shared
vision and realistic actions that the community can rally around to support wildlife. We want to leverage
diverse values, creativity, and resources to move to positive action.
Eagle County Emergency Responders Fund | ECERF
Eagle County Emergency Responders Fund (“ECERF") a 501(c) (3) non-profit organization was founded by
a group of civilians and emergency responders committed to raising funds on behalf of all emergency
responders in Eagle County, Colorado.
For more information about ECERF visit: www.ecerf.org.
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Eagle County Mental Health Advisory Board
In 2018 the Eagle County Board of Commissioners appointed 10 members to its Mental Health Advisory
Committee. The committee is tasked with prioritizing programs and services to be funded through county’s
voter-approved Mental Health Fund, as well as other sources.
Members of the committee represent health care and mental health care providers, law enforcement
personnel, and community advocates across both the Eagle and Roaring Fork valleys.
Eagle River Coalition (ERC) (Formerly known as Eagle River Watershed Council)
The Eagle River Coalition (”ERC”) believes that our rivers and streams are the life-blood of our valley. Their
preservation and restoration improve our economy, our culture, and our quality of life. The Watershed Council
advocates for our rivers through educational programs, special events, restoration projects, monitoring,
research, and community volunteer projects.
For more information about Eagle River Coalition visit: www.erwc.org.
Eagle River Water & Sanitation District | ERWSD and
Upper Eagle River Water Authority | UERWA
The Eagle River Water & Sanitation District (“ERWSD”) is a local government that provides water and
wastewater service to its customers from East Vail to Wolcott and including all of Avon. ERWSD directors
are elected by qualified district voters within the district boundary; ERWSD’s website reports that it conducts
its operations in an environmentally sound manner, ensuring regulatory requirements are met while also
forging strong partnerships within the recreation and tourism-based community.
ERWSD provides water service within its district water service area which includes the Vail Water Subdistrict
and properties of the Wolcott area that have been included into ERWSD boundary.
ERWSD provides, under contract, water operations and management (O&M) services to the Upper Eagle
Regional Water Authority (“UERWA”).
UERWA is a quasi-municipal corporation and political subdivision of the state of Colorado, formed by
intergovernmental contract and organized pursuant to Colorado's Water Authority Act. It provides water
service to its six Member Entities (the metropolitan districts of Arrowhead, Beaver Creek, Berry Creek,
EagleVail, and Edwards, along with the Town of Avon) and to Bachelor Gulch and Cordillera. UERWA owns
the public water system within this service area, which is operated and maintained by ERWSD through an
Operations Agreement.
The six member entities of UERWA are:
• Town of Avon
• Arrowhead Metropolitan District
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• Beaver Creek Metropolitan District
• Berry Creek Metropolitan District
• Eagle-Vail Metropolitan District
• Edwards Metropolitan District
UERWA is governed by a six-person appointed Board of Directors. Each member entity appoints a
representative who serves at the pleasure of their board or council, including the Council.
Board meetings of ERWSD and of UERWA are open to the public and include opportunities for public comment.More
information about ERWSD and UERWA can be found at: www.erwsd.org.
Eagle Valley Behavioral Health
Eagle Valley Behavioral Health is a nonprofit 501(c)(3) organization. It is governed by a Board of Directors
comprised of community members and behavioral health leaders. The Eagle Valley Behavioral Health board
of directors, administration and employees are committed to providing the critical change needed to ensure
the vision for a robust, sustainable behavioral health system is realized.
For more information about the board and advisory council visit https://www.vailhealthbh.org.
EGE Air Alliance
Formed in 2002, the EGE Air Alliance is a 501(c)(6) non-profit public-private partnership that provides the
funding to support a vibrant local flight service program that ensures that the Eagle County Regional Airport
(EGE) remains a vital part of the Eagle County economy.
The mission of the EGE Air Alliance is to work with airlines to maintain existing flights and secure new flights
to and from the Eagle County Regional Airport. Air services are not guaranteed by any airline, and the EGE
Air Alliance is the one organization that works directly with them to maintain and grow new flights and air
routes into Eagle County.
For more information about the EGE Air Alliance visit: www.egeairalliance.com/
I-70 Coalition
The I-70 Coalition is a non-profit organization representing 28 local governments and businesses along
Colorado’s I-70 mountain corridor.
The coalition’s mission is to enhance public accessibility and mobility in the I-70 Central Mountain Corridor
and adjoining dependent counties and municipalities through the implementation of joint public and private
transportation management efforts. The goals are to:
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a. Advocate for Improvements on the I-70 Mountain Corridor b. Active Involvement in Plans and Processes Affecting the I-70 Mountain Corridor
c. Support Transportation Funding Initiatives
d. Develop and Implement Travel Demand Management Strategies
e. Information Sharing and Outreach
For more information about the I-70 Coalition visit their website at www.i70solutions.org.
Northwest Colorado Council of Governments | NWCCOG
Northwest Colorado Council of Governments (“NWCCOG”) is a voluntary association of county and municipal
governments that, individually and collectively, believe working together on a regional basis provides benefits
that could not be obtained alone.
There is no universal model for regional councils of governments. There are 14 regional governmental
associations within Colorado. All are unique because each reflects the needs and desires of its membership.
NWCCOG literally becomes what its members want it to be, due to the changing needs and opportunities of
the region. The Council, made up of representatives from each member jurisdiction, directs the activities of
NWCCOG. The NWCCOG staff is responsible for carrying out the Council’s direction. The purpose of the
Northwest Colorado Council of Governments is to be responsive to our members’ needs and interests by
providing guidance and assistance in problem solving, information sharing and partnership building,
advocating members’ interests and needs with local, state and federal entities, and providing quality services
to our membership that are relevant, effective and efficient.
For more information about NWCCOG visit their website at www.nwccog.org.
SpeakUp ReachOut
SpeakUp ReachOut is a group of individuals who are dedicated to providing suicide prevention, intervention
and loss support services to those in need. Services offered include:
• suicide prevention/awareness education
• community connection events
• suicide loss support services.
They host quarterly public community meetings on behavioral health and suicide prevention.
For more information about SpeakUp ReachOut visit: https://www.speakupreachout.org/
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Urban Runoff Group | URG
In 2010, with coordination of the Eagle River Water and Sanitation District and the Eagle River Watershed
Council, an Urban Runoff Group (“URG”) was formed to address current non-point source issues in the Gore
and Eagle drainages and work towards current inventory and assessment of all non-point source issues
affecting the watershed. This stakeholder group is working to keep Gore Creek off of the 303(d) list, an action
expected to be proposed based on the State Water Quality Control Commission (WQCC) recently adopted
aquatic life assessment methodology. As proposed by the WQCC, Gore Creek could be placed on the State’s
303(d) list as a result of low aquatic life assessment scores for Gore Creek upstream of the Vail Wastewater
Treatment Plant.
Vail Valley Partnership | VVP
Vail Valley Partnership (“VVP”), a 501(c)(6) nonprofit organization, has been engaged in the community from
the early days of Vail, starting in 1964 as the Vail Resort Association.
Vail Valley Partnership is the regional community development organization, dedicated to the economic
vitality of the Vail Valley. We support local businesses. We unite key stakeholders. We lead collaborative
efforts throughout the community.
With a membership of 880+ organizations that spans the Vail Valley and beyond and which represents 80%
of the local workforce, Vail Valley Partnership is dedicated to ensuring local business success and fostering
regional economic vitality by offering local business tools & resources, promoting the Vail Valley to destination
guests, and initiating economic development efforts.
The Partnership’s efforts in the community include three distinct yet connected roles:
• Regional Chamber of Commerce- We work to provide the valley’s businesses with networking,
educational, and collaborative opportunities with the goal of strengthening our local business
community and to advocate for our business community at a regional & state level.
• Tourism Development- We work to promote the entire Vail Valley as a year-round destination to
potential in-state, out-of-state and international visitors through VisitVailValley.com. We work to
attract groups and meetings from all over the country to the Vail Valley.
• Economic Growth & Advocacy- We work to ensure the Vail Valley’s economic health stays strong
for years to come. We work to help existing Vail Valley businesses thrive and recruit new businesses
that have the potential to support our local economy.
For more information about VVP visit: www.vailvalleypartnership.com.
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SECTION XI: APPENDICES
Appendices
The following information items have been referenced in the previous sections and are suggested for your
review:
•Appendix 1 – Town Organizational Chart
•Appendix 2 – Avon Town Council Simplified Rules of
Order
•Appendix 3– Code of Ethics
•Appendix 4 – Boards & Commissions
•Appendix 5 – Resolutions establishing Avon Citizen
Committees
•Appendix 6 – CML Elected Official’s Starter Kit
•Appendix 7 – Ethics, Liability and Best Practices
Handbook for Elected Officials
•Appendix 8 – 2024 Adopted Budget
•Appendix 9 – Climate Action Plan
•Appendix 10 – Comprehensive Plan
•Appendix 11 – Housing Plan
Appendix 2
Avon Town Council
Simplified Rules of Order
These Simplified Rules of Order establish rules and procedures for Avon Town Council
meetings. The intent is to set forth simplified rules which are readily accessible and usable by
the Avon Town Council members and understandable by the general public. The provisions
of the Home Rule Charter, the Avon Municipal Code, or any ordinance adopted by the Avon
Town Council shall govern and apply in the event there is any conflict with these Simplified
Rules of Order. Unless otherwise indicated, any reference to the term “Mayor” shall also mean
“Mayor Pro-Tem” or “Acting Mayor” in the absence of the Mayor as set forth in the Avon
Home Rule Charter.
I.Standards of Conduct for Avon Town Meetings: The Avon Town Council finds that the
foundation of municipal democracy rests on open, respectful and informed discussion and
debate balanced with the necessary efficiency required to take action in the public interest.
Reasonable persons will often disagree on many public matters which arise before elected
and appointed officials. The process of discussion and debate is essential to the ability of
elected and appointed officials to render the best decisions possible for the Avon
community. The following standards of conduct are considered the minimum standards
for elected and appointed officials.
A.Elected and appointed officials shall conduct themselves in a mature manner that is
becoming of public officials, shall respect one another and shall respect members
of the public.
B.Elected and appointed officials shall refrain from profanity, rude behavior or personal
attacks and shall promptly apologize to both the board and the recipient of any such
behavior in the event of a temporary lapse of appropriate behavior.
C.The Mayor shall be responsible for maintaining civility, decorum and order throughout
the meeting.
D.Members of the Avon Town Council shall not communicate between or amongst
themselves by text message, e-mails or other forms of electronic communication
during a Council meeting.
E.Members of the Avon Town Council shall promptly disclose and announce the
sending or receipt by a Council member of a text message, e-mail or other form of
electronic communication during a Town Council meeting, to or from any person, for
any such communication that concerns a matter on the Town Council agenda for
that meeting.
II.Mayor: Every meeting of the Avon Town Council shall be presided over by the
Mayor. If the Mayor is absent the Mayor Pro-Tern shall preside over the meeting. If
ATTACHMENT D
the Mayor has a conflict of interest on a matter then the Mayor Pro-Tem shall preside
over the meeting for such matter. If the Mayor and Mayor Pro-Tern are absent, or if
they both have conflict of interest on a matter, then a quorum of Council members shall
appoint an Acting Mayor by motion who shall then preside over the meeting or shall
preside over such matter for which the Mayor and Mayor Pro-Tern have conflict of
interest. The Mayor shall strive to moderate Council meetings with impartiality, shall
strive to allow input from all other Council members on matters before expressing
his or her opinion, and shall refrain from making a motion or seconding a motion until
it is apparent that no other member of the Council will do so.
III.Agendas: The following rules and procedures shall apply to agendas:
A.The Mayor shall determine the agenda in consultation with the Town Manager. The
Town Council may direct items to be included on an agenda. Individual Council
members may contact the Mayor to request inclusion of a matter on an agenda. The
Mayor shall consult with the Town Manager and exercise discretion to determine if
the matter should be included on the agenda as a discussion item or an action item.
B.After roll call, the Council shall approve the agenda by motion by a majority of the
quorum present with any additions or deletions Council deems appropriate.
C.The Council may take action by motion at any time during a meeting to schedule
discussion or action items on a future agenda which shall be scheduled by Town
Staff.
D.Noticing for action items and public hearings shall be in accordance with
applicable law.
IV.General Attendance Policy: Effective, involved, and informed governance of the Town of
Avon necessitates the attendance of all elected and appointed council members at all Town
Council meetings and work sessions to the utmost extent possible.
If a council member is unable to attend a Council meeting or work session they must make
a reasonable effort to provide written notice via e-mail and/or text message to the Town
Clerk, the Town Manager, and the Mayor prior to the time in which the meeting or work
session is set to begin or as soon as practicable thereafter.
A ten (10) minute grace period shall be permitted for a Council member to arrive following
the commencement of a Council meeting or work session before such tardiness shall be
considered an absence.
In the event a council member accrues four (4) consecutive absences or six (6) total
absences from Council meetings or work sessions in a calendar year, the procedures set
forth in Avon Municipal Code Chapter 2.05 – Removal of Council Members – shall apply.
V.Remote Attendance Policy: The preference and expectation of all Council members
is to attend Council meetings in-person whenever possible in recognition of the
efficiency and effectiveness of in-person participation when conducting the public
business of the Town of Avon. However, there may be occasional times when in-person
attendance is not possible by Council members. Council finds that remote attendance
by Council members is preferable to not permitting participation or delaying the conduct
of public business. Participation by remote attendance shall comply with this Section
IV and any applicable laws. Notwithstanding any provision contained herein, no
member of Council is guaranteed the ability to participate in any meeting by remote
attendance. Council members shall not be permitted to attend more than four (4) total
Council Meetings remotely.
A. Remote attendance means participation by video or audio means, such as Zoom,
Webex, Microsoft Teams or similar platform, which is clear, uninterrupted and
allows two-way communication for the participating Council member.
B. Council members may participate in a Council meeting by remote attendance when
travelling out-of-town, when ill, or when unusual or unforeseen circumstances do not
allow in-person attendance. Council members who are ill are encouraged and expected
to participate by remote attendance.
C. A Council member who desires to participate by remote attendance shall notify the
Town Clerk, the Town Manager, and the Mayor as early as possible in writing via e-mail
and/or text message. Upon receipt of such written request, the Town shall use its
best efforts to provide the technical means necessary to fulfill such request from
Town Hall; provided, however, it shall be incumbent upon the Council member
who desires to participate by remote attendance to provide the technical means
necessary to facilitate remote attendance from their remote location.
D. A Council member who is participating through remote attendance (1) shall be
entitled to participate in all Council matters in the same capacity as a Council
member in physical attendance, including participation quasi-judicial matters and
executive sessions; (2) shall be counted for purposes of establishing a quorum; (3)
shall have the opportunity to express comments during the meeting and participate
in the same capacity as those members physically present, subject to all general
meeting guidelines and adopted procedures; (4) shall be heard, considered, and
counted as to any vote taken; (5) shall be called during any vote taken and shall have
such Council member's vote counted and recorded by the Town Clerk and placed
in the minutes for the corresponding meeting; and, (6) may leave a meeting and
return as in the case of any member upon announcement of such leaving and
returning. When any member of Council is participating by remote attendance, all
votes taken shall be conducted by roll call vote.
E. The Mayor, Mayor-Pro Tern or other designated person who is presiding over the
meeting shall have the discretion to mute any Council member who is participating
through remote attendance when distracting and extraneous noise is occurring through
the remote attendance. The officer who is presiding over the meeting may delegate
to the ability to mute Council members to the meeting host with controls for the
meeting platform. The officer who is presiding over the meeting shall use best effo1is
to recognize and provide opportunity for Council members who are participating via
remote attendance contribute to the discussion and express comments. The officer
presiding during the meeting shall designate the individual who Council members
should contact during the meeting in the event of technical difficulties or in connection
with other matters related to items not appearing on the agenda for the meeting in which
the Council member is participating by remote attendance.
F. In the event that there is significant disruption in the connection or communication with
a Council member, or members, who are participating via remote attendance which
frustrates and disrupts the efficiency and effectiveness of the Council meeting, the
officer presiding over the meeting or a majority of Council members who are attending
a meeting in-person may choose to terminate the remote attendance of such Council
member or may choose to continue or table the Council meeting or agenda matter
to a later time.
G. Council members who are participating via remote attendance are expected to be
situated in a stationary location with adequate internet service with video camera on
and presenting in a professional manner similar to in-person Council meeting
attendance.
VI. Motions: All official Town Council actions are initiated by motion. These following rules
and procedures apply to motions. There are two basic motions: action motions and
procedural motions. Only one action motion may be on the floor at a time. A procedural
motion may be proposed, discussed and acted upon when an action motion is on the
floor or at any other time.
A. Basic Motion: The basic motion to take action is stated as, "I move to ...." Every
motion requires a second. Once a motion is made no further discussion can continue
until a second is made to support the motion.
B. Discussion: All Council members have the right to discuss the motion on the floor.
Discussion cannot be concluded unless (1) all Council members present consent or (2)
a majority of Council members present approve a procedural motion to "Call the
Question" and end debate.
C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion
at any time prior to the vote on the motion and may interrupt a speaker to withdraw the
motion and consent of the Council member who seconded the motion is not required.
The motion is immediately withdrawn; however, the Mayor may then ask the Council
member who seconded the withdrawn motion and any other Council member if such
Council member wishes to make the motion.
D. Amendment to Motion: Any Council member may request an amendment to a
pending motion. The maker of the pending motion and Council member who
seconded the motion must consent to the proposed amendment. Any Council
member may also propose a substitute motion to a pending motion which also
requires consent of the maker of the pending motion and the Council member who
seconded the pending motion.
E. Procedural Motion: A procedural motion may be made at any time and may impose
or modify any procedural rule provided that such procedure is not in conflict with the
Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state
law. Procedural motions require a majority vote of the quorum present.
F. Motion to Call the Question or End the Discussion: A motion to "call the
question" (also known as a motion to end the discussion) is a procedural motion to
end debate and discussion. A motion to call the question cannot be made until each
Council member has had at least one reasonable opportunity to ask questions and
express his or her opinion on the matter. Once a motion to call the question is made
and seconded, it shall be the Mayor's discretion to allow any fm1her discussion on
such procedural motion for the purpose of clarifying any technical, procedural or
legal issue related to the procedural motion. A motion to call the question requires
a majority vote of the quorum present. Once a motion to call the question is
approved, the pending action motion on the floor must be voted upon promptly or,
if no action motion is pending, the Mayor shall proceed to the next agenda item.
G. Motion to Continue: A motion to continue an agenda item must include a specific
future Council meeting date, time and place for the continued matter to be considered
again without re-noticing a required public hearing.
H. Motion to Table: A motion to table places the agenda item on hold and does not
require a specific time for the return of the agenda item.
I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any
rule in this Simplified Rule of Order. Such motion may be made and requires a
supermajority vote of a majority of the quorum present plus one for approval. A
motion to suspend rules may not supersede the procedural requirements of the
Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable
state law.
J. A Motion to Reconsider: A Motion to Reconsider allows the Council to reconsider
a vote on a matter. A Motion to Reconsider may only be made and considered if
made and acted upon less than twenty-eight (28) days after the date of the Council
action to be reconsidered and may be made only by a member of Council who voted
in the majority on the motion which is proposed for reconsideration.
VII. Meeting Conduct
A. Point of Privilege: A Council member may interrupt the speaker to raise a matter
related to the comfort of the meeting, such as room temperature, distractions, or
ability to hear speaker.
B. Point of Order: A Council member may raise a Point of Order at any time that the
Mayor permits meeting conduct which does not follow these Simplified Rules of Order
or otherwise fails to maintain civility and decorum by the Council and the general
public.
C. Appeal: A Council member may move to appeal the ruling of the Mayor on any
procedural matter or other decision related to the conduct of the meeting. If the motion
is seconded and, after debate, it such motion passes by a simple majority vote of the
quorum present, then the ruling or conduct of the Mayor shall be overruled and
reversed.
D. Call for Orders of the Day: A Council member may call for Orders of the Day when
such Council member believes that Council discussion has strayed from the agenda.
No second or vote is required. If the Mayor does not return to the agenda, then such
ruling may be appealed.
E. Adjournment: The Mayor may announce the meeting adjourned when there are no
further items on the agenda which have not been addressed. The Council may adjourn
a meeting at any time by motion, second and approval by a majority of the quorum
present.
VIII. Public Comments: Council agendas shall include a general item labeled "Public
Comment" near the beginning of all Council meetings. Members of the public who wish
to provide comments to Council greater than three minutes are encouraged to schedule
time in advance on the agenda and to provide written comments and other appropriate
materials to the Council in advance of the Council meeting. The Mayor shall permit
public comments during any agenda item and may limit public comment to three
minutes per individual, which limitation may be waived or increased by a majority of
the quorum present. The timer for public comment shall begin promptly after the speaker
states their name and address.
IX. Public Hearing: The following general rules shall apply to the order and conduct of
public hearings. These rules may be modified or suspended by Motion to Suspend
Rules.
A. The Mayor shall open the public hearing by announcing the topic of the agenda
item. The Mayor shall at all times during public hearings strive to maintain civility,
decorum and order.
B. The Mayor and/or appropriate Town Staff person shall introduce the topic, explain the
applicable procedures and laws, and provide any presentation by the Town.
C. The applicant, licensee or appellant shall have the opportunity to present
information, provide testimony, or respond to any comments or details in the
Town's presentation.
D.The Council shall have the opportunity to ask technical questions of the appropriate
Town staff, Town officials and the applicant, licensee or appellant but Council
members shall not express opinions on the matter prior to opening the public
hearing for public comment.
E.The Mayor shall officially open the public hearing for public comment and shall allow
for members of the public to provide comment to the Council. The Council may
approve a time limitation not less than 3 minutes for individual public comment and
may approve sign-up sheets or other public comment procedures to promote order
and efficiency by a majority vote of the quorum present provided that individuals
shall be permitted to yield his or her public comment time to another speaker. After
all public comments are received, or if the Council determines that the volume of
public comments requires additional time and moves to continue the public hearing,
the Mayor shall close the public comment portion of the public hearing.
F.The Council may discuss the merits of the topic of the public hearing and take such
action as deemed appropriate after the public comment po11ion of the public
hearing is concluded. If the volume of public comments requires a continuation, if
additional information is required to consider the public hearing matter, or if the
Council determines that additional time is warranted to consider the matter of the
public hearing, the Council may continue the public hearing to a later date and may
re-open the public comment p011ion of the public hearing at any continued public
hearing.
X.Executive Sessions: Council may convene into executive session at any time by the
affirmative vote of 2/3rds of the quorum present and by announcing the specific statutory
citation and purpose of the executive session in accordance with the Colorado Open
Meetings Law, CRS §24-6-402(4). The Council is not permitted to take official, final
action on any matter in executive session.
HEALTH AND RECREATION COMMITTEE MEETING MINUTES
TUESDAY, JULY 16, 2024
HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM
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1. ROLL CALL
Present-
Committee Members: Committee Vice Chairman Nancy Tashman (virtual) and Committee Members Pat Nolan, Lisa
Post and Kathy Ryan
Staff: Recreation Director Michael Labagh, Aquatics Superintendent Kacy Carmichael, Recreation Services
Superintendent Jerrica Miller, General Government Intern Arnell Wade, Aquatics Supervisor Zak Kornhauser,
Recreation Services Supervisor Mike Atencio, Programs Supervisor Luke Herron and Town Manager Eric Heil
Town Council: Mayor Amy Phillips
Absent-
Committee Members: Sonia Martinez, Courtney Walters Rawson and Committee Chairman Kevin Hyatt
Committee Vice Chairman Nancy Tashman opened the meeting at 12:05 p.m.
2. APPROVAL OF THE AGENDA
Committee Member Kathy Ryan made a motion to approve the agenda, Committee Member Pat Nolan seconded to
approve the agenda. Committee Vice Chairman Nancy Tashman declared the agenda approved.
3. APPROVAL OF THE MAY 2024 MEETING MINUTES
Committee Member Pat Nolan made a motion to approve the minutes from the May 21, 2024 meeting. Committee
Member Kathy Ryan seconded the motion and Committee Vice Chairman Nancy Tashman declared the minutes
approved.
4. PUBLIC COMMENT
No public comments were made, however, Kathy Ryan expressed a concern on behalf of her neighbor, John Brennan
at 414 West Beaver Creek Blvd regarding accessibility in the park.
Mayor Amy Phillips explained that she has received a handwritten note from John.
5. BUSINESS ITEMS
5.1 Recreation Department Update
Recreation Director Michael Labagh shared attendance numbers from May and June as well as comparators to
previous year’s data. He explained that even though we have seen a dip in attendance, we are still seeing a
general increase in admissions through the year. He provided facility updates including new lobby furniture and the
addition of a second vending machine. The goal is to have more healthy options available. The lighting upgrades
are 90% complete, including the high bay and low bay lighting. The final step is to install the lights near the
waterslide. Recreation Director Labagh thanked the Town’s Facilities Division team who have been rotating who
supervises the afterhours project.
The Committee and Attendees commented/inquired:
HEALTH AND RECREATION COMMITTEE MEETING MINUTES
TUESDAY, JULY 16, 2024
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A. Committee Vice Chairman Nancy Tashman inquired if any pool patrons have complained about the lights being too
bright.
a. Aquatics Superintendent Kacy Carmichael answered that she has not received any complaints. Recreation
Director Michael Labagh also answered that a few lap swimmers have made general comments, but no
serious complaints.
Recreation Director Michael Labagh continued the update by talking about the day camp shirts and new logo being a
hit. Then Programs Supervisor Luke Herron provided a programming update including his efforts to put out a new
Recreation Department Newsletter. He also spoke on the revived kickball league that has made a comeback from its
last offering in 2008.
B. Pat Nolan inquired what age group attends kickball?
a. Program Supervisor Luke Herron replied 18 and over.
C. Committee Member Kathy Ryan inquired what time the volleyball league is done at night? She then provided
feedback about parties going on late at night at the volleyball court.
a. Programs Supervisor Luke Herron replied that the volleyball league wraps up around 8:00 p.m., so
participants playing volleyball late at night are from the public.
Recreation Services Supervisor Mike Atencio shared information about the new B ody Composition measuring scale by
the company InBody.
A. Committee Member Kathy Ryan inquired if obese people are seeking to use this new machine?
a. Recreation Services Supervisor Mike Atencio shared that when offering an assessment for the most part he
sees people that are in the normal range that want to fine -tune their body mass with adding muscle or
losing fat. He wants to advertise to the community to reach more people on the extremes, either
overweight or underweight.
B. Committee Member Pat Nolan inquired how long the program is and what is included?
a. Recreation Services Supervisor Mike Atencio explained that it is 8 weeks and participants are weighed
every 2 weeks. They look at what they are eating, the frequency of exercise and help them incorporate
healthier habits and routines. Staff do not give an exact diet because they are not certified nutritionists.
The participants in the program compete with one another, but their names are kept confidential.
C. Committee Vice Chairman Nancy Tashman inquired if the program was shared in the newsletter?
a. Recreation Services Supervisor said it would be included in the next Recreation Department newsletter.
Recreation Director Michael Labagh explained that the department created their own newsletter since
program offerings have increased.
D. Committee Member Pat Nolan inquired about new days and times for Rummikub Social Club so she can include it
in her newsletter.
a. Programs Supervisor Luke Herron replied that he would confirm with her via email.
Recreation Director Michael Labagh shared that the department is selling new items at the recreation center and now at
AvonLive! concerts.
A. Committee Member Kathy Ryan inquired if she could get her own Camp Avon shirt?
HEALTH AND RECREATION COMMITTEE MEETING MINUTES
TUESDAY, JULY 16, 2024
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a. Recreation Services Superintendent Jerrica Miller said we are looking into developing shirts to sell to the
public.
Recreation Director Michael Labagh continued his presentation with a Fall program update including the pickleball
league, Pumpkin Carving Fun Run, Babysitter’s Training, family programming, and Adult Field Trips. He asked the
Committee if there are there any programs you would like to see the Town prioritize?
A. Committee Member Kathy Ryan commented that her neighbor John would like to see infrastructure improvements
prioritized over entertainment. He has fallen and feels the bike path around the lake is not passable on his tricycle.
B. Committee Member Kathy Ryan inquired about the path between the retainer pond and the lake, is it going to
remain loose gravel? She commented that the gravel seems to be scattering already and she was taken by
surprise that it was not solid. She also inquired what the digging was in the grass to the north of the stage.
a. Recreation Director Michael Labagh explained that the digging in that area was for the lake aeration project
and that landscaping still needs to be completed.
b. Town Manager Eric Heil explained that a path was never envisioned for that area, so staff were asked to
add an informal path that was a little better than the dirt path that it was. It would cost about $100,000 to
become a formal path, designed by an engineer and added to the C apital Improvement Plan budget. It
would also require a small bridge for the water outlet.
C. Committee Member Kathy Ryan said the path is great but would like to request that it is not open to bicycles.
D. Committee Vice Chairman Nancy Tashman inquired about the timeline for the paved path project that is still under
construction.
a. Town Manager Eric Heil explained that the soil tests came back with undesirable results, so some areas
needed to be dug up and replaced with new soil so the pavement can be supported. He thanked the group
for their patience and understanding while all paths are completed. There are still some obstacles to
building the new path between the railroad and Eagle River Water & Sanitation District building.
E. Committee Member Kathy Ryan inquired about a rumor about the railroad tracks going back into use?
a. Town Manager Eric Heil explained that Avon is on the periphery of this decision.
b. Committee Vice Chairman Nancy Tashman added that this decision is currently sitting with the Supreme
Court.
F. Committee Member Pat Nolan complemented the parks, restrooms, musical instruments in the park and the
beautiful flowers made a great experience for her grandchildren while visiting the park.
5.2 Nottingham Lake Operations
Aquatics Supervisor Zak Kornhauser presented information about the Aquatics operations at Nottingham Lake.
First, he informed the Committee about the beach swim area rope & anchor project. The buckets were removed,
and new, heavier anchors were placed. He spoke about the Dunk-N-Dash race series and Open Water Swim Club
programs. New this year is a Kid’s Dunk-N-Dash, which has had a few participants but also had a cancellation
recently due to lightning and thunder. Beaver Creek XTERRA and USA Swimming Open Water Championships are
not taking place this year, but instead the department is offering a Dunk-N-Dash Championship race on the last
Monday of the program. The Championship will include medals for podium finishers. He explained that Open
Water Swim Club is for avid swimmers and/or triathletes to practice open water swimming.
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TUESDAY, JULY 16, 2024
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The Committee and Attendees commented/inquired:
A. Mayor Amy Phillips inquired about how many participants were at Dunk-N-Dash.
a. Aquatics Supervisor Zak Kornhauser answered 13 participants, 20 registered. Last week there were 18
participants.
B. Committee Member Kathy Ryan shared that she had a U.S. Forrest Service representative check to make sure she
had a personal flotation device (PFD). The person was in uniform, wearing a badge and writing tickets on Friday,
July 5, 2024, around 1:30 p.m. She thinks that even a cardboard boat regatta will need to be wearing lifejackets.
a. Recreation Director Michael Labagh thanked Committee Member Kathy Ryan for bringing this to our
attention.
Recreation Director Michael Labagh shared information about the boat docks and launch ramp.
C. Committee Member Kathy Ryan inquired if there would be dead fish next spring?
a. Recreation Director Michael Labagh shared that, hopefully not as many now that the lake is being aerated.
b. Aquatics Supervisor Zak Kornhauser continued his presentation sharing with the Committee information on
E. coli lake testing procedures.
c. Town Manager Eric Heil inquired about testing for more things other than E. coli, to improve the
environment for the fish.
D. Committee Kathy Ryan commented that the lake is no longer “glass-like.” She understands now why, because of
the aeration.
E. Committee Vice Chairman Nancy Tashman shared that a pair of ospreys have been fishing at the lake, which is a
good sign for the health of the environment.
5.3 Recreation Department Mission, Vision and Values Exercise
Recreation Director Michael Labagh facilitated a Mission, Vision and Values exercise, the same exercise that was
conducted with part-time staff at the May Recreation All-Staff meeting. He shared that today’s results will help form the
department’s new mission, vision and values statements for the Recreation Department.
Recreation Director Labagh asked the committee, “what do we do?”
A. Kathy – create social connection
B. Nancy – encourage physical activity
C. Kathy – maintain physical resources like buildings, etc.
D. Pat – offer a variety of opportunities, including a wide variety of programs
E. Amy – service a diverse range of age groups
F. Kathy – hire qualified staff
G. Lisa – promote safety
H. Nancy – provide a safe space for activities
I. Nancy – educate people on best practices for recreating safely
Recreation Director Michael Labagh shared the word cloud for this question from the Recreation Department part-time
staff. The goal over the last few years has been to offer community focused recreation programs and services so he
was pleased to see community as the top word in the word cloud.
HEALTH AND RECREATION COMMITTEE MEETING MINUTES
TUESDAY, JULY 16, 2024
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Recreation Director Labagh asked the committee, “what gets in the way?”
A. Amy – money
B. Nancy – Space
C. Kathy – people
D. Kathy – facilities
E. Lisa – technology
F. Kathy – weather
G. Pat – communication
H. Eric – employee vacancies
I. Amy – lack of staffing and housing for staffing
J. Kathy – locals’ attitudes
Recreation Director Michael Labagh shared the word cloud that had “patrons” and “facility-rules” as the largest words
and that staff have improved their processes to holding users accountable for their behavior. Mayor Amy Phillips
shared that there has been a noticeable decrease in civility in interactions with government staff. Recreation Director
Michael Labagh mentioned that we have improved maintenance delays thanks to Recreation Services Supervisor Mike
Atencio’s efficiencies. Recreation Director Michael Labagh also mentioned that parking over the winter was challenging
but did solve the main issue of keeping parking available for Recreation Center patrons and staff.
A. Committee Vice Chairman Nancy Tashman commented that parking is a minor convenience that people will just
take some time to get used to.
Recreation Director Labagh asked the committee, “what can we do better?”
A. Nancy – Listen
B. Pat – you do a great job
C. Kathy- service vehicles need to slow down in the park
D. Nancy – advertise programming
E. Lisa – music technology in the rooms, television channels
F. Kathy – infrastructure
G. Kathy – continue with the flexibility of programming, it’s been amazing this year
H. Nancy – increase community access
I. Lisa – ice and snow removal, north entrance is bad
J. Pat – ice on handicap parking
K. Amy – handicap parking spots that were out of order, provide signage to share where the other spots
L. Amy – people giving directions should not assume everyone knows North/South/East/West orientations
M. Lisa – new front desk folks don’t always greet customers (not Daniel), rare, but noticeable
N. Lisa – keep gym wipes stocked
O. Lisa – sweep the West Studio after birthday parties, clean mid-day
Recreation Director Michael Labagh shared the word cloud from Recreation Department part-time staff, which included
“communication,” “Spanish” and “maintenance” were the largest words. Standard Operating Procedures (SOPs) were
identified as needing more attention and training. Recreation Director Michael Labagh explained too that we’ve added
communication with part-time staff about patron conduct consequences and accountability. He feels this is going well
and has turned into improved conflict resolution with patrons.
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The Committee and Attendees commented/inquired:
A. Committee Member Kathy Ryan inquired if Recreation Center staff are provided a ski pass?
a. Recreation Director Michael Labagh explained that no, but we offer a $900 winter seasonal bonus for part-
time staff in place of a ski pass.
B. Committee Vice Chairman Nancy Tashman inquired about when the last Community Survey was conducted?
a. Recreation Director Michael Labagh explained that the Community Survey no longer includes Recreation -
specific questions, instead the Recreation Department will now have its own survey that is conducted every
3 years. The next Recreation Survey will be conducted in 2025.
Recreation Director Labagh asked the committee, “what are our values?”
A. Kathy- Fun
B. Nancy – safety
C. Pat – respect
D. Lisa – equal access, affordability
E. Nancy – variety
F. Amy – excellence
G. Lisa – welcoming
H. Lisa – taco bar
I. Nancy – service
Recreation Director Michael Labagh shared the word cloud from Rec reation Department part-time staff that had
“respect,” “integrity,” “knowledge,” “teamwork,” “honesty,” “health” and “ethics” as larger words. He then shared the
Town of Avon’s Vision and culture statement. He shared that at the September meeting new statements for the
department will be provided to the committee for review.
6. OTHER BUSINESS AND COMMITTEE MEMBER COMMENTS
A. Committee Member Kathy Ryan commented that diversity is part of our challenge, because there is a lot of people
using the facilities that do not follow the rules. Sidewalks were blocked yesterday by a group of people. How do we
preserve our culture? The aerobic ladies could not walk through. There were over 100 people, that had “religious
intonations.”
a. Recreation Director Michael Labagh explained that there was a group that did not obtain a special event
permit for a gathering of over 50 people. They did reserve a picnic shelter, but not a special event permit.
Mike Pasquarella from Special Events spoke to them. Recreation Director Michael Labagh met with the
special events team this morning and will speak with this group to let them know what is permitted moving
forward.
B. Town Manager Eric Heil directed his comments to Committee Ryan explaining that first we must learn about the
group and that it is not always a police issue. It may have been better for this group to use a concierge service but
we are also short on Code Enforcement Officers. We do not want people to have a bad experience when visiting
Avon. He also mentioned the repeated unsafe behavior of people diving off the stage into the lake into shallow
water. Also, visitation is down a bit, so he is requesting staff build flat budgets for 202 5. We have a large budget
for a small town because of the revenues from visitors.
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C. Mayor Amy Phillips also responded that some immediate communication from Committee Member Kathy Ryan
would have helped staff to take more immediate action. As a community we must work together to preserve our
culture.
D. Committee Member Kathy Ryan asked what is there to stop a bus load of visitors from bringing a large group to the
beach.
a. Recreation Director Michael Labagh shared that it is standard practice of camps and large groups to call
around and make sure it is okay to bring a large group somewhere.
b. Town Manager Eric Heil also explained that the incident that Committee Member Kathy Ryan was
describing is a violation of our Town code. If they were collecting money, there would be additional
violations. The Police Department is not always going to respond to non -emergencies, but staff should be
prepared to call them in the absence of Code Enforcement Officers.
c. Recreation Director Michael Labagh shared which staff are working in the parks and encouraged the
Committee to call him as well when issues arise.
d. Town Manager Eric Heil shared that more security cameras are being added to the park that can be viewed
from the Police Department.
e. Mayor Amy Phillips encouraged the Committee to be on the lookout for large groups in the park that are
causing problems and to communicate with the Recreation Director.
7. ADJOURNMENT
Recreation Director Michael Labagh asked if there was a motion to adjourn the meeting, and Committee Member Pat Nolan
made the motion and Committee Member Kathy Ryan seconded the motion. Recreation Director Labagh declared the
meeting adjourned at 1:33 p.m.
Respectfully Submitted by
Kacy Carmichael
Aquatics Superintendent
DDA MEETING MINUTES
MONDAY, AUGUST 5, 2024
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ROLL CALL
Present in Person: Board Member Wayne Hanson
Present Virtually: Board Members Gregg Cooper, Marcus Lindholm, Matthew Fitzgerald, Rob Tartre and Scott
Tarbet.
Absent: Chair Tony Emrick, Vice-Chair Brandt Marott, Secretary Chris Neuswanger and Board Members Bill
Glaner and Rich Carroll.
Staff: Town Manager Eric Heil, Chief Financial Officer Paul Redmond and Chief Administrative Officer Ineke de
Jong.
The meeting was called to order at 3:06 p.m. CFO Paul Redmond presided over the meeting (in absence of DDA
Board Chair Tony Emrick).
2. APPROVAL OF AGENDA
There was no approval of the agenda.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
There were no disclosures of conflicts of interest.
4. PUBLIC COMMENT
No public comments were made in person nor virtually.
5. BUSINESS ITEMS
5.1 Work Session: Use Tax (Chief Financial Officer Paul Redmond).
Chief Financial Officer Paul Redmond delivered a presentation related to the use tax on new construction
for the benefit of Community Housing in Avon. Questions included what is the exclusion level in other
communities? It’s $10,000 in Town of Vail, what about the other municipalities? Do homeowners need a
quote/bid for the scope of work or does the building inspector estimate a valuation for the scope of work?
Is “for community housing” enough information for people to fully understand the ballot issue? For setting
the exemption level, are we trying to win votes or collect maximum dollars when we raise from $50K
exemption to $100K exemption (or higher)? A higher exemption level may have better optics for getting a
ballot issue passed. A $200K exemption may have the perception that it doesn’t affect local homeowners.
How much do we expect to collect from this use tax annually if passedd?
Comments included the more we educate our voters about this use tax and the better they understand it,
the more supportive the voters are of the use tax ballot proposal so staff is going back to the voters with a
clear direction that funds are dedicated to community housing and better education to the voters in the next
couple weeks. Staff anticipates that on average use tax funds will generate about $750K/year but revenues
will go up and down just like the Real Estate Transfer Tax (“RETT”). There were comments that having this
board consider a resolution to support a use tax ballot issue at the next meeting make sense.
As this was a work session, Staff received feedback from Avon DDA Board Members and no motion was
made.
5.2 Future Agenda Items: Discussion (Town Manager Eric Heil).
Town Manager Eric Heil presented to the Avon DDA Board a list of Future Agenda Items to consider which
included:
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• Complete draft of Sun Rd Redevelopment Plan (September 16 but might take more than one
meeting)
• Complete draft of East Town Center Redevelopment Plan (September 16 but might take more
than one meeting)
• Considering a Resolution to support the use tax ballot proposal (September 16)
• Review of concept to repurpose the old fire station at 351 Benchmark Rd. into an Art makers space
(September 16)
• Adopting the 2025 Budget (October 7 or November 4)
• Planning Area B and Park Projects (October 7 or November 4)
5.3 Future Meeting Dates:
Town Manager Eric Heil proposed to schedule the following Avon DDA Board Meetings on September 16,
October 7 or November 4. After deliberations, consensus from the Avon DDA Board Members was to
schedule all three of those meetings and get them on the calendar. Staff expressed that the November 4
meeting may be very short or may be a follow-up/carry-over discussion of items from the September and
October agendas. There would not be a meeting anticipated for December but there will be an appreciation
holiday dinner for the DDA board, the Planning & Zoning Commission and all other Avon citizen committees
on Tuesday December 17 at Sauce on the Creek.
Scott Tarbet left the meeting at 4:01 p.m.
6. MINUTES
Board Member Gregg Cooper presented a motion to approve the Minutes from Avon DDA Board Meeting held
May 13, 2024. Board Member Wayne Hanson seconded the motion. They were approved with a 4-0 vote.
7. ADJOURNMENT
The meeting adjourned at 04:08 p.m.
Respectfully submitted by:
Ineke de Jong
Chief Administrative Officer
These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive
or to include each statement, person speaking or to portray with complete accuracy. The most accurate records
of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office.
(970)748-4087 ewood@avon.org
TO: Honorable Mayor Phillips and Council members
FROM: Elizabeth Wood, Communications Manager
RE: 2024 Avon Community Grant Program Funding
DATE: July 23, 2024
SUMMARY: This written report updates Council on Staff’s recommended approach to the 2025 Town of
Avon Community Grant Program. Application materials for the 2025 Town of Avon Community Grant
Program were released on July 31, 2024 and can be found at www.avon.org/communitygrants . The
application deadline is Friday, September 6, 2024.
The Ad Hoc Review Committee will meet during the week of September 16, 2024 to review all submitted
applications and make funding recommendations. The Ad Hoc Review Committee, which is appointed by
the Town Manager, will be comprised of citizens representing businesses and nonprofits, as well as a
member of Council and two members of Staff. Staff will present the 2025 Community Grant Program
Requests and Recommendations Funding Summary that will include recommendations for funding (both
cash and in-kind), conditions of funding, if any, and supporting information , at the Budget Retreat
scheduled for October 22, 2024.
FINANCIAL CONSIDERATIONS:
This table shows the Community Grant Program Funding History.
Year Comm Grants Comm Partners Total
2014 $213,250 NA $213,250
2015 $197,850 NA $197,850
2016 $205,150 NA $205,150
2017 $170,560 NA $170,560
2018 $161,000 NA $161,000
2019 $146,000 NA $146,000
2020 $ 92,800 $70,500 $163,300
2021 $ 99,700 $115,300 $215,000
2022 $ 96,950 $139,530* $236,480
2023 $119,000 $312,251* $431,251
2024 $120,000 $268,220* $388,220
2025 Recommendation $120,000 $173,880 $293,880
*Excludes E-Bike Incentives
In 2020, a Community Partners program was created and separated from the grant program. Community
Partners include Walking Mountains, Vail Valley Partnership, Vail Valley Foundation, and a few others.
Partners do not submit annual grant applications.
RECOMMENDATION: Staff recommends maintaining the 2025 Community Grant funding at $120,000.
COUNCIL ACTION: No Council action is required at this time. Actual funding awards for Community
Grant application will be determined when Council approves the 202 5 Budget.
Thank you, Liz