TC Minutes 04-10-1979a
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MINUTES OF THE REGULAR MEETING
OF THE TOWN COUNCIL MEMBERS
OF THE TOWN OF AVON
HELD APRIL 10, 1979
7:30 P.M.
The regular meeting of the Town Council Members of the Town of Avon, Colorado
was held in the Town Office, second floor, Benchmark Center, Avon, Colorado.
The meeting was called to order by Mayor Angelo Alpi;at 7:40 P.M. Council mem-
bers in attendance were Angelo Alpi, Richard Casserlev, William Doyle, Steven
Erickson, Allan Nottingham, Carol Richards, and James Wells. Also Present were
Town Attorney, John Blish, as well as members of the Press.
Steven Erickson moved that the Council approve the Minutes of the March 27th
meeting as submitted. Seconded by Richard Casserley and so carried.
First item on the agenda was approval the Accounts Payable. Mayor Alpi noted that
the town, as a municipality, will receive a tax refund of $62.70 from Mountain Bell.
Finding no objection- or errors, Allan Nottingham moved to authorize payment of
the Accounts Payable; seconded by William Doyle and unanimously carried.
A public hearing on and the second reading of Ordinance 79-5, adopting and
appropriating for the 1979 Budget was then held. With no objections from either
the Council or the public, James Wells moved that, "Ordinance No. 79-5, ANNUAL
APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPRO-
PRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF AVON, COLORADO,
FOR ITS FISCAL YEAR JANUARY 1, 1979, THROUGH DECEMBER 31, 1979, AND COLLECTION OF
TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 1978 TAX YEAR AND PAYABLE. IN THE
1979 FISCAL YEAR," be approved. Carol Richards seconded. A roll call vote was
taken with all Council members voting yes and the motion carried.
A second public hearing on and the second reading of Ordinance 79-6, making
supplemental appropriations from the General Fund, of the Town of Avon was the
next financial item considered by the Council. With no public or Council objec-
tions, Carol Richards moved that "Ordinance No. 79-6 AN ORDINANCE MAKING SUPPLE-
MENTAL APPROPRIATIONS FROM THE GENERAL FUND, OF THE TOWN OF AVON, COLORADO; AND
AUTHORIZING THE EXPENDITURE OF SAID APPROPRIATIONS AS SET FORTH HEREIN," be approved.
William Doyle seconded. A rcl,l call vote was taken with all Council members voting
yes and the motion carried.
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Town Attorney John Blish noted that the "Council had anticipated supplemental
appropriations would be made; thus the adoption of Ordinance No. 79-6 was not
an action to correct a budgetary error."
Financial matters completed; a Design Review Board referral item, Town Master
Plan adoption, was discussed. Although no one was present from the DRB-- Richard
Casserley stated that the Council wished to make an amendment on page three of the
Master Plan. Under land use categories the definition for section RMHP was amended
to read: "RMHP: Residential Mobile Home Park- Areas primarily for varying term
occupancies in mobile dwelling units designed for semi-permanent occupancy at at
maximum' Permissible ten dwelling units per acre."
Discussion was made on whether an IC-(Industrial and Commercial) classification
was the correct zoning for the area of the Wildwood access road. Council agreed
that the zoning was consistent. However, Attorney John Blish, suggested the Council
advise the DRB of the future high traffic projection along said road, in consi-
deration of future design approvals. Blish added that an updated Master Plan Map
would probably be examined in the future from the DRB.
Steven Erickson made a motion to adopt a resolution to adopt definitions of the
Master Plan for the Town of Avon, as amended, along with the accompanying Faster
Plan Map #1, as the official document. Roll call vote was taken and the motion
passed with all Council members voting yes.
Under unfinished business a public hearing and second reading for annexation of
1287.66 acres was held. No public comment was made during the hearing; although
Jay Peterson, attorney for the owners was available. Richard Casserley made a
motion to adopt Ordinance 79-7,"AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL
OF PROPERTY BEING SECTION 36, T4S, R82W AND A PORTION OF SECTION 35, T4S, R82W OF
THE 6th P.M., BY BENCHMARK AT BEAVER CREEK, A COLORADO LIMITED PARTNERSHIP: AND
SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS IN RELATION THERETO."
The motion was seconded by William Doyle. A roll call vote was taken, with James
Wells and Allan Nottingham abstaining. All other council members voted yes and the
motion passed by a majority.
After the annexation ordinance, discussion was held regarding the Town's partici-
pation in obtaining a second access to the Wildwood area. Town Attorney John
Blish was instructed to confer with Benchmark Properties and to proceed with
necessary action to acquire the access.
Under new business Helmut Lilischkies applied for preliminary approval of
condominium maps for Lot 3, Block 2 - 6 units. After discussion, Carol Richards
made a motion to grant preliminary approval of a condominium map for Lakeview at
Benchmark Condominiums, Building B. James Wells seconded and the motion carried.
Also under new business an ordinance was presented to the Council to establish
a Municipal Court. The Ordinance No. 79-8 was reviewed. A motion was made by
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Steven Erickson to adopt on the first reading Ordinance No. 79-8, "AN ORDINANCE
ESTABLISHING A MUNICIPAL COURT FOR THE TOWN OF AVON; DEFINING ITS OPERATION, JURIS-
DICTION, POWERS AND PROCEDURES; CREATING THE POSITIONS OF PRESIDING MUNICIPAL JUDGE,
DEPUTY JUDGE AND COURT CLERK; SETTING THE TERMS OF OFFICE, INCLUDING COMPENSA-
TION, AND SETTING FORTH ADDITIONAL PROVISIONS AND DETAILS IN RELATION THERETO."
An amendment to the above Ordinance No. 79-8 was then added under Section 7.
to read: "Section 7. Judge-Deputy Judge-Compensation. The salary of the Presid-
ing Municipal Judge shall be determined by the Town Council. The Town Council may
alter the salary from time to time as it shall deem proper. The salary shall be
paid monthly." William Doyle seconded the motion and a roll call vote was taken
with all Council Members voting yes.
Under Mayor items, Mayor Alpi presented the Council Members with a NWCCOG request
for approval of an A-95 report for the Colorado State Department of Highways
next five year funding. The Council reviewed the request. Carol Richards made
a motion to approve the request and Richard Casserley seconded. The motion
so carried.
Mayor Alpi then informed the Council and Public that the County Library Associa-
tion had contacted the Town of Avon in regards to placement of a Bookmobile in
the Benchmark parking lot. Permission was granted by the owners' of the
parking lot. Times and dates will be announced by the Library Association at
a later date.
Mayor Alpi explained a proposal made by Benchmark Companies for the Town of Avon
to acquire the sign on the exit ramp, of I-70 going west or the entrance sign
to Avon titled, "Benchmark Founded 1974." The Mayor stated that sign could
be changed to read: "Avon Founded 1978." In exchange for this proposal Benchmark
Companies is requesting that their firm be allowed to maintain the Benchmark
Properties sign located at the intersection of Avon Road and Beaver Creek Boule-
vard.
The new Town Clerk, Tonie Koonce, was officially sworn-in by Mayor Alpi.
Mayor Alpi introduced Chief of Police, Ken Sortland, with his new Town of
Avon police uniform. Also noted was that the new police department jeep
will arrive in six-eight weeks.
Mayor Alpi told the Public that the Town of Avon will be sending out a Dog
Control Ordinance letter to all Avon property owners in the near future.
There being no further business, the meeting adjourned at 8:45 P.M.
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At 8:50 P.M. the Council reconvened as the Local Liquor Licensing Authority for
the purpose of discussing the liquor license renewal of the Scoresheet Bar &
Lounge. After some discussion, Mayor Alpi asked if there were objections or
requests for additional information concerning the liquor license renewal. There
being none, the request for liquor license renewal for the Scoresheet Bar &
Lounge was approved.
There being no other business the Local Liquor Licensing Authority adjourned at
9:00 P.M.
MINUTES APPROVED, NOTICE OF MEETING WAIVED:
Respectfully Submitted
Jvnc-e_.. f fe-d-n~-2 '
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ORDINANCE NO. 79-5
Series of 1979
ANNUAL APPROPRIATION ORDINANCE: ADOPTING
A BUDGET AND FINANCIAL PLAN AND MAKING
APPROPRIATIONS TO PAY THE COSTS, EXPENSES,
AND LIABILITIES OF THE TOTS7N OF AVON,
COLORADO, FOR ITS FISCAL YEAR JANUARY 1,
1979, THROUGH DECEMBER 31, 1979, AND
COLLECTIOi11 OF TOWN AD VALOREM PROPERTY
TAXES DUE FOR THE 1978 TAX YEAR AND
PAYABLE IN THE 1979 FISCAL YEAR.
WHEREAS, in accordance with Chapter XII of
the Charter of the Town of Avon, Colorado, the Mayor
prepared and submitted to the Town Council a
proposed budget and financial plan for all Town
funds and activities for the 1979 fiscal year;
WHEREAS, notice of the public hearing on the
proposed Town budget was posted on the 27th day of
September 1978, seven days prior to the hearing
held on the 3rd day of October, 1978, pursuant to
Section 12.6 of the Charter; and
WHEREAS, it is necessary for the Town Council
to adopt the budget and financial plan for the 1979
fiscal year, to make appropriations for the amounts
specified in the budget, and to provide for the levy,
assessment, and collection to Town ad valorem property
taxes due for the 1978 tax year and payable in the
1979 fiscal year;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, THAT:
(1) The procedures prescribed in Chapter XII
of the Charter of the Town of Avon, Colorado, for the
enactment hereof have been fulfilled.
(2) Pursuant to Chapter XII of the Charter, the
Town Council hereby makes the following annual
appropriations for the Town of Avon, Colorado, for its
fiscal year beginning on the lst day of January, 1979,
and ending on the 31st day of December, 1979;
Ord. 79-5
Legislative
Judicial
Executive
Administration
Capital Outlay
Legal
Public Safety
Public Works
Debt Service
Contingency
Page 2
$ 6,900.00
1,450.00
15,200.00
23,090.00
1,000.00
24,000.00
30,000.00
5,000.00
31,000.00
7,360.00
Total Budget $145,000.00
(3) The Town Council hereby adopts the full
and complete Budget and Financial Plan for the 1979
fiscal year for the Town of Avon, Colorado, which
is' incorporated by reference herein and made part
hereof, and copies of said public record shall be
made available to the public in the office of the
Town Clerk.
(4) For the purpose of defraying part of the
operating expenses of the Town of Avon, Colorado,
during its 1979 fiscal year, the Town Council hereby
levies a property tax of 15.00 mills upon each
dollar of the total assessed valuation of all
taxable property within the Town for the 1978
tax year,($2,589,160), which will result in a
gross tax levy of. $38,337, said assessment and
valuation having been duly made by the County
of Eagle, State of Colorado, and the Town Clerk
was directed to certify said tax levy to County
Of Eagle for collection pursuant to Title
39, Colorado Revised Statutes 1973, (as amended),
and as otherwise required by law.
Ord 79-5
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Page 3
(5) This ordinance shall take effect seven days
after posting following the final passage hereof.
INTRODUCED, READ ON FIRST READING, APPROVED,
AND ORDERED POSTED ONCE IN FULL, this 27th day of
March, 1979, and a public hearing on this ordinance
shall be held at the regular meeting of the Town
Council of the Town of Avon, Colorado, on the
10th day of April, 1979, at 7:30 P.M. in the Town
Office, 2nd floor, Benchmark Shopping Center.
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ATTEST:
C~
Acting Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
PUBLISHED THIS DAY OF 1979.
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Mayor .
ATTEST:
Town Clerk
STATE OF COLORADO )
COUNTY OF FAGLE ) SS
TOWN OF AVON )
00
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF a public hearing before the Town
Council of the Town of Avon, Colorado, at 7:30 P.M. on the 10th
day of April, 1979 at the Town Hall for the purpose of considering
the adoption of THE ANNUAL APPROPRIATION ORDINANCE: ADOPTING A
BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE
COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF AVON, COLORADO,
FOR ITS FISCAL YEAR JANUARY 1, 1979, THROUGH DECEMBER 31, 1979,
AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE
1978 TAX YEAR AND PAYABLE IN THE 1979 FISCAL YEAR.
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.
Following this hearing, the Council may consider final passage
of this Ordinance.
This meeting is open to the general public.
This notice given and published by order of the Town Council
of the Town of Avon.
Dated this 28th day of March, 1979
TOWN OF AVON, COLORADO
By order of the Town Council
Town Clerk
Posted at the following public places within the Town of Avon on
March 28, 1979, at:
The Northeast side of the Benchmark Shopping
Center (Avon Post Office)
The main entrance - Eagle Valley Bowl
The Pester Gas Station; and
The Town Office, Second Floor, Benchmark Shopping Center
ORDINANCE NO. 79-6
SERIES OF 1979
AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE'GENERAL
FUND, OF THE TOWN OF AVON, COLORADO; AND AUTHORIZING THE EXPENDI-
TURE OF SAID APPROPRIATIONS AS SET FORTH HEREIN
WHEREAS, contingencies have arisen during the fiscal
year 1979 which could not have been reasonably foreseen or
anticipated by the Town Council at the time it approved the 1979
Budget on October 3, 1979; and
WHEREAS, the Town has received certain revenues not
budgeted for previously; and
WHEREAS, the Mayor has certified to the Town Council
that sufficient funds are available to discharge the appro-
priations referred to herein, not otherwise reflected in the
Budget, in accordance with Chapter 12.10 (a) of the Charter of
the Town of Avon; and
WHEREAS, in order to accomplish the foregoing, the
Town Council finds that it should make supplemental appropriations
from the General Fund;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, THAT:
Section 1. Pursuant to Section 12.10 (a) of the Charter
of the Town of Avon, Colorado, the Town Council hereby makes a
supplemental appropriation in the sum of $95,000 from the General
Fund of the Town of Avon, Colorado and authorizes the expenditure
of said appropriations as follows:
Legislative
$ 8,880.00
Legal
13,750.00
Judicial
1,000.00
Public Safety
19,000.00
Building Department
35,500.00
Design Review Board
10,000.00
Administration
25,060.00
Capital Outlay
15,000.00
Public Works
5,000.00
Debt Service
(31,000.00)
Contingency
( 7,190.00)
Total
$ 95,000.00
Ord. 79-6
Page 2
Section 2. The Town Council hereby ratifies
or authorizes:
A. The negotiation of any contracts or other
necessary instruments to carry out the purposes
for which funds are appropriated herein, and
B. The expenditure of the funds relating to
these supplemental appropriations.
Section 3. Upon its enactment this ordinance
shall be an amendment to the 1979 Annual Appropriation
Ordinance, Ordinance No. 79-5, Series of 1979,
of the Town of Avon, Colorado.
INTRODUCED, READ ON THE FIRST READING,
APPROVED, AND ORDERED PUBLISHED ONCE IN FULL,
this 27th day of March, 1979, and a public hearing
on this ordinance shall be held at a reguiat
meeting of the Town Council of the Town of Avon,
Colorado, on the loth day of April, 1979, at 7:30 P.M.
in the Office of the Town, second floor, Benchmark
Shopping Center, Avon, Colorado
Ma or
ATTEST:
Acting Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
PUBLISHED THIS DAY OF - , 1979.
i
Mayo r\./
ATTEST:
-
n 'Clerk
i
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF a public hearing before the Town
Council of the Town of Avon, Colorado, at 7:30 P.M. on the 10th
day of April, 1979 at the Town Hall for the purpose of considering
AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE GENERAL
FUND, OF THE TOWN OF AVON, COLORADO; AND AUTHORIZING THE EXPENDITURE
OF SAID APPROPRIATIONS AS SET FORTH HEREIN.
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.
Following this hearing, the Council may consider final passage
of this Ordinance.
This meeting is open to the general public.
This notice given and published by order of the Town Council
of the Town of Avon.
Dated this 28th day of March, 1979.
TOWN OF AVON, COLORADO
By order of the Town Council
By &,,s-Q-- _j
Town Clerk
Posted at the following public places within the Town of Avon on
March 28, 1979, at:
The Northeast side of the Benchmark Shopping
Center (Avon Post Office)
The main entrance - Eagle Valley Bowl
The Pester Gas Station; and
The Town Office, Second Floor, Benchmark Shopping Center
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171
ORDINANCE NO. 79-7
Series of 1979
AN ORDINANCE ANNEXING TO THE TOWN OF AVON A
PARCEL OF PROPERTY BEING SECTION 36, T4S, R82W
AND A PORTION OF SECTION 35, T4S, R82W
OF THE 6th P.M., BY BENCHMARK AT BEAVER CREEK,
A COLORADO LIMITED PARTNERSHIP: AND SETTING FORTH
FINDINGS AND CONCLUSIONS AND OTHER DETAILS IN
RELATION THERETO.
WHEREAS, a petition for annexation to the Town of Avon of
certain parcels of property being Section 36, T4S, R82W, and a
portion of Section 35 T4S, R 82W of the 6th P.M., Eagle County,
Colorado, has been submitted to the Town Clerk of the Town of Avon
and referred therefrom to the Town Council.
WHEREAS, the owners of 1000 of the property proposed
for annexation, exclusive of the streets and alleys, is Bench-
mark at Beaver Creek, a Colorado Limited Partnership;
WHEREAS, the petition was signed by A. J. Wells,
a managing partner of Benchmark - Avon Properties, a general
partnership and sole general partner of Benchmark at Beaver
Creek;
WHEREAS, in accordance with C.R.S. 31-12-107(1)(g),
the Town Council may by ordinance annex the above specified
property without notice, hearing or election inasmuch as the
petition was signed by 100% of the property owners; and
WHEREAS, the Town Council is of the opinion that the
petition should be granted and that the subject property should
be annexed to the Town of Avon;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, THAT:
Section 1. Findings.
The Town Clerk of the Town of Avon has referred to the
Town Council a petition for annexation of a certain parcel of
property (hereinafter referred to as the "subject property" and
is more specifically described in Exhibit "A" attached hereto)
Ord.
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Page 2
being Section 36, T4S, R82W and a portion of Section 35 T 4S, R82W
of the 6th P.M., Eagle County, and the Town Council specifically
finds upon review of said petition:
(A) The petition is in substantial compliance with
the requirements of C.R.S. 31-12-107(1), 1973, as amended.
(B) The petition was signed by the owners of 100% of
the area proposed to be annexed, exclusive of streets and alleys.
(C) The subject property is eligible for annexation
to the Town of Avon in that at least one-sixth of its boundaries
are contiguous with the Town of Avon, there is community of
interest between the Town of Avon and the subject property, the
subject property will be urbanized in the near future, and it
is capable of being integrated into the Town of Avon.
(D) There are no limitations to the annexation of the
subject property to the Town of Avon in that no land held in
identical ownership has been divided without the written consent
of the landowners thereof, no land held in identical ownership
comprising 20 acres or more with an assessed valuation in excess
of $200,000 for ad valorem tax purposes has been included without
the written consent of the owner, no other annexation proceedings
have been commenced by another municipality with relation to the
subject property, and no area will be detached from a school
district by this annexation.
(E) No additional terms or conditions are to be imposed
upon this annexation.
(F) The subject property may be annexed by ordinance
without notice, hearing or election in accordance with subsection
(g) of 31-12-107.
Section 2. Annexation.
That property being Section 36, T4S,R82W, and a'portion of
Section 35, T4S, R82W, of the 6th P.M., Eagle County, Colorado,
more particularly described in Exhibit "A." attached hereto is
annexed to the Town of Avon, Colorado.
Ord. Page 3
Section 3. Effective Date.
The annexation and this ordinance shall take effect in
accordance with the
is directed to file
ordinance and a map
description of such
and one copy thereo
Department of Local
charter of the Town of Avon and the Town Clerk
for recording two certified copies of this
of the area annexed containing a legal
area with the Eagle County Clerk and Recorder
f with the Division of Local Government of the
Affairs.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL, this a7'CG day of 1979, and a
public hearing on this ordinance shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the
/O.Iz•day of , 1979, at 7:30 P.M., in the Municipal Offices
of the Town.
Ma
ATTEST:
Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED
BY TITLE ONLY THIS DAY OF , 1979.
Mayor
ATTEST:
Town Clerk
EXHIBIT "A"
A parcel of land being Section 36, Township 4 South, Range 82 West,
and a portion of Section 35, Township 4 South, Range 82 West of the
6th P.M., Eagle County, Colorado, more particularly described as
follows:
Beginning at the SW Corner of said Section 35; thence along
the West line of said Section 35, N 000 34' 44" W, 5516.50
feet to the NW Corner of said Section 35; thence along the
North line of said Section 35, S 890 58' 46" E, 5383.38 feet
to the NE Corner of said Section 35; thence along the North
line of said Section 36, N 890 38'06" E. 5367.80 feet to the
NE Corner of said Section 36; thence along the East line of
said Section 36, S 00 00' 07" E, 5568.89 feet to the SE
Corner of said Section 36; thence along the South line of
said Section 36, N 890 49' 49" W 2685.09 feet to She South
34 Corner of said Section 36; thence continuing 89 50' 36" W,
2687.81 feet to the SW Corner of said Section 36; thence along
the South line of said Section 35, N 89 54' 56" W, 1333.98
feet to a point on the Boundary of the Town of Avon; thence
departing from said South Section line and continuing along
said Avon Boundary N 250 00' 00" W, 2664.66 feet; thence N 890
54' 56" W, 1332.33 feet; thence S 250 00' 00" E, 2664.66 feet
to the South ; Corner of said Section 35; thence departing
from said Avon Boundary and continuing along the South line
of said Section 35, N 890 58' 29" W, 2656.33 feet to the point
of beginning; said Parcel of Land containing 1287.66 acres
more or less.
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF a public hearing before the
Town Council of the Town of Avon, Colorado, at 7:30 P.M. on the
10th day of April, 1979 at the Town Hall for the purpose of
considering the adoption of an ORDINANCE ANNEXING TO THE TOWN OF
AVON A PARCEL OF PROPERTY BEING SECTION 36, T 4 S, R 82 W AND A
PORTION OF SECTION 35, T 4 S, R 82 W OF THE 6TH P.M., BY BENCHMARK
AT BEAVER CREEK, A COLORADO LIMITED PARTNERSHIP: AND SETTING FORTH
FINDINGS AND CONCLUSIONS AND OTHER DETAILS IN RELATION THERETO.
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.
Following this hearing, the Council may consider final
passage of this Ordinance.
This meeting is open to the general public.
This notice given and published by order of the Town
Council of the Town of Avon.
Dated this 28th day of March, 1979.
TOWN OF AVON, COLORADO
By order of the Town Council
By -4 r
Town Clerk
Posted. a,t the following public places within the Town of Avon on
March 28, 1979, at:
The Northeast side of the Benchmark Shopping
Center (Avon Post Office)
The main entrance Eagle Valley Bowl
The Pester Gas Station; and
The Town Office, Second Floor, Benchmark Shopping Center
fT 0 i
ORDINANCE NO. 79-8
SERIES OF 1979
AN ORDINANCE ESTABLISHING A MUNICIPAL COURT FOR THE TOWN OF
AVON; DEFINING ITS OPERATION, JURISDICTION, POWERS AND
PROCEDURES; CREATING THE POSITIONS OF PRESIDING MUNICIPAL
JUDGE, DEPUTY JUDGE AND COURT CLERK; SETTING THE TERMS OF
OFFICE, INCLUDING COMPENSATION, AND SETTING FORTH ADDITIONAL
PROVISIONS AND DETAILS IN RELATION THERETO.
Section 1. Establishment. There is hereby established,
pursuant to Section 10.2 of the Charter for the Town of Avon,
Colorado, a Municipal Court which shall be a qualified
Municipal Court of record and shall be known as the Avon
Municipal Court.
Section 2. Operation. The operation and procedures of
the Avon Municipal Court shall be governed by Title 13, Article
10, C.R. S. 1973, as amended, which is incorporated by
reference herein and made a part hereof, excluding any
provision or portion thereof in said Statute which is
inconsistent with any applicable provisions of the Town Charter,
the Municipal Code or any Ordinance of the Town of Avon.
Section 3. Resolutions. The operation of the Municipal
Court shall be governed as required by the Town Council through
the adoption of resolutions.
Section 4. Jurisdiction, Powers and Procedures. The
Municiual Court shall have original jurisdiction of all cases
arising under the Municipal Code and other Ordinances of the
Town with the authority to punish violators thereof by the
imposition of fines and penalities not to exceed $300.00 and
90 days imprisonment or as stated in the Municipal Code Section
or Ordinance involved. The procedures of the Court shall be
in accordance with the Municipal Court Rules of Procedure as
promulgated by the Colorado Supreme Court.
Section 5. Sessions. There shall be regular sessions of
the Avon Punicipal Court as determined by the Presiding Judge
with the approval of the Town Council. Such sessions shall
be for the trial of cases and transaction of other court
business. The Presiding Judge may also authorize and hold
special sessions of Court as he shall determine. All sessions
shall be open to the public, except where the nature of the
case or some element of the anticipated testimony is such that
the Presiding Municipal Judge deems that it is in the best
interest of justice to exclude persons not directly connected
with the proceeding. Under suc}i circumstances, the Presiding
Judge may order that the courtroom be cleared.
Section 6. Judge-Deputy Judge-Term. The -Municipal
Court shall be presided over by a Municipal Judge who shall
be an attorney at law admitted to practice in the State of
Colorado, having been in active practice for at least five
years prior to his appointment. He shall be appointed by the
Town Council for a specified term of not less than two years,
except that the term of office of the Judge appointed initially
shall expire on the date of the organizational meeting
following the election on the first Tuesday after the first
Monday in May, 1980
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The Town Council may also appoint such Deputy Municipal
Judge or Judges, as it deems necessary. Any such Deputy
Municipal Judge, shall be an Attorney admitted to practice
in the State of Colorado. The deputy Municipal Judge shall
have all the powers of the Municipal Judge when acting as a
Municipal Judge at the request of the Presiding Municipal
Judge or the the Town Council. The Deputy Municipal Judge
shall serve at the pleasure of the Town Council.
Section 7. Judge-Deputy Judqe-Compensation. The
salary of the Presiding Municipal Judge shall be determined
by the Town Council. The Town Council may alter the salary
from time to time as it shall deem proper. The salary
shall be paid monthly.
The Deputy Municipal Judge or Judges shall receive such
compensation for services rendered as the Town Council
may determine.
Section 8. Judqe-Oath. Before entering upon the
duties of his office, all municipal Judges shall take an
Oath or Affirmation that he will support the constitution
and laws of the United States of America and the State of
Colorado and the Charter, Municipal Code and Ordinances of
the Town of Avon and that he will faithfully perform the
duties of his office.
Section 9. Judge-Rule Adoption Authority. In addi-
tion to his other powers, the Presiding Municipal Judge
shall have the authoritv to issue local Rules of Proce-
dure consistent with any Rules of Procedure Adopted or
issued by the Colorado Supreme Court.
Section 10. Clerk-Appointment Duties-Bond-Compensation-
There shall be a clerk of the Avon Municipal Court, appointed
by the Presiding Municipal Judge, subject to the approval of
the Town Council. The clerk shall have and carry out such
duties as are delegated to him by law, Court Rules or the
Presiding Municipal Judge.
All fines, costs and other funds collected or re-
ceived by the Municipal Court shall be reported and paid
monthly by the clerk to whomever the Mayor or Town Manager,
if there be one, shall designate. The clerk shall further
keep such records and reports as designated by the Mayor
or Town Manager, if there be one.
The clerk shall be compensated as the Town Council
may determine and shall be paid monthly.
Section 11. Severability. If any provision, clause
phrase or section of this Ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions, clauses,
phrases or sections or applications of the Ordinance which
can be given effect without the invalid provisions or
applications and to this end the provisions or applications
of this Ordinance are declared to be severable.
-3-
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED THIS
_DAY OF 1979
TOWN OF AVON
l
By:
~Yayor
Angelo/V. Alpi, ATTEST:
By:
Town Clerk
INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED THIS
DAY OF , 1979
TOTN OF AVON
By.
Angelo V. Alpi, Mayor
ATTEST:
By .J ~
Town clerk
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF a public hearing before the
Town Council of the Town of Avon, Colorado, at 7:30 P.M. on
the 24th day of April, 1979 at the Town Hall for the pur-
pose of considering the adoption of AN ORDINANCE ESTABLISH-
ING A MUNICIPAL COURT FOR THE TOWN OF AVON; DEFINING ITS
OPERATION, JURISDICTION, POWERS AND PROCEDURE; CREATING
THE POSITIONS OF PRESIDING MUNICIPAL JUDGE, DEPUTY JUDGE AND
COURT CLERK; SETTING THE TERMS OF OFFICE, INCLUDING COMPENSA-
TION, AND SETTING FORTH ADDITIONAL PROVISIONS AND DETAILS IN
RELATION THERETO.
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.
Following this hearing, the Council may consider final
passage of this Ordinance.
This meeting is open to the general public.
This notice given and published by order of the Town
Council of the Town of Avon.
Dated this 10th day of April, 1979.
TOWN OF AVON, COLORADO
By order of the Town Council
Byo~~,
TOWN CLERK
Posted at the following public places within the Town of Avon
April 11, 1979, at:
The Northeast side of the Benchmark Shopping Center
(Avon Post Office)
The main entrance - Eagle Valley Bowl
The Pester Gas Station; and
The Town Office, Second Floor, Benchmark Shopping Center