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TC Minutes 04-24-1979Q a~ 1 ~ R r r MINUTES OF THE REGULAR MEETING OF THE. T01-7N CODICIL MEMBERS OF THE T014N OF AVON HELD APRIL 24, 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 at 7:30 P.M. by Mayor Angelo Alpi. Council Members in attendance were Allan Nottingham, Bill Doyle, Steve Erickson, Carol Richards, Jim Wells, and Richard Casserley. Town Attorney, John Blish; Building Department Administrator, Ken Richards; Chief of Police, Ken Sortland; Design Review Board Chairman, Hugh Price; and Accountant, Ron McKenzie, were also in attendance, as well as, members of the Press and Public in the audience. The minutes of the meeting of April 10 were presented to the Council, with no corrections requested. Steve Erickson moved that the minutes of April 10 be approved, seconded by Bill Doyle and unanimously carried. Financial reports were first considered by the Council. The Town Clerk was instructed by the Council to write a letter to the owners of the Benchmark Mobile Home Park, concerning delinquent sales tax returns for 1978 and 1979. She was also instructed to notify Mountain Bell of their late sales tax return for the month of March. Ken Richards replied in answer to a council question that the overall response to the Building Department's regulations and fees had- been cooperative. Ronald McKenzie presented the Financial Statement for the month of March (attached to these minutes.) Mr. McKenzie pointed out that: 1.) the revised budget had been incorporated into the monthly statement to standardize procedures; 2.) the Town had collected 55% of the budgeted real estate transfer tax as of the end of. March; and 3.) 96% of the projected Design Review Board fees for the year have been collected. e 1 ~ • -2- Council Member Jim Wells requested that the County be contacted for collection of Ad Valorem tax for the Town of Avon, first quarter. Council Member Carol Richards, also requested that the Colorado Department of Revenue be contacted in reference to state-collected, locally-shared cigarette tax revenue. With no other discussion the financial reports were unanimously accepted. Jerry and Darrell Davis, next gave a cable television franchise presentation to the Council. Jerry Davis said their proposal was for a permit to construct and operate a cable television within the confines of the Town of Avon. He explained that such a franchise would entail " a system to provide television for all Avon residents, operating by Fall, with six stations over the air from various means, and some FM and AM." He described where the cable television system would operate, future plans for service and answered council questions. A ten minute video presentation was shown to the Council and public audience. Further discussion as to the earth station site,'cable plans, projected rates, along with more council questions ensued. Mayor Alpi thanked Jerry and Darrell Davis and noted that Vail Cable T.V. has asked to be placed on the May 8 agenda. Hugh Price reported that the Design Review Board had approved approximately 350 living units to date. And was very busy preparing the Preliminary Zoning Ordinance for Council review within 1 to 12 weeks. The second reading of Ordinance No. 79-8, Establishing a Municipal Court was held. Attorney John Blish stated that he had spoken with Judge Watkins and Deputy Judge Allen and both, were actively engaged in preparing forms and paper work necessary to run the court. Blish added that Judge Watkins and Deputy Judge Allen were both satisfied with Ordinance No. 79-8 and that the estimated time for the court's first meeting would be about two weeks. With no further discussion, Carol Richards moved to adopt Ordinance No. 79-8 "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 -3- DETAILS IN RELATION THERETO." Jim Wells seconded and a roll call vote was taken with all Council Members voting yes, and the motion so carried. I. - Under new business the first reading of Ordinance No. 79-10, Regulating Work within the Public Ways of the Town of Avon (road cut permits) was held. Three errors were noted. In Section 6 (c) the concluding sentence was changed to: "Such notice shall be made during the normal office hours of the utilities and police and fire department." A title was added to Section 10 of: "Re- veiw and Inspection Fees. And the fifth paragraph of page one was changed to: NOW THEREFORE, BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, that:" Steve Erickson asked Ken Richards if an insurance policy secured by an ex- cavator would be applicable in both, the Town of Vail and the Town of Avon. Richards told him that the same policy could be used for both entities if copies were supplied to the Building Department of the Town of Avon. Jim Wells then instructed John Blish to read Ordinance No. 79-10 thoroughly before the second reading by the Council Members. With no further discussion, Allan Nottingham moved that Ordinance No. 79-10, "AN ORDINANCE REGULATING WORK WITHIN THE PUBLIC WAYS OF THE TOWN OF AVON, COLO- RADO, ESTABLISHING PERMIT REQUIREMENTS AND FEES; PROVIDING FOR THE ENFORCEMENT OF THE ORDINANCE; AND SETTING FORTH VARIOUS OTHER PROVISIONS RELATED THERETO, AND AUTHORIZING CHANGE AND AMENDMENTS THERETO;", be accepted as corrected on first reading. Richard Casserley seconded and a roll call vote was taken with all Council Members voting yes. The reading of Ordinance No. 79-9, "AN ORDINANCE ADOPTING SUBDIVISION RE- GULATIONS FOR THE TOWN OF AVON; PROVIDING DEFINITIONS OF CERTAIN TERMS AND SETTING OUT CERTAIN PROVISIONS, PROCEDURES, REQUIREMENTS AND STANDARDS; PROVIDING FOR VARIANCES AND EXEMPTIONS; AND SETTING FORTH DETAILS RELATING THERETO;" was tabled by the Council. Mayor Alpi recommended that the Council consider the following resolution in lieu of further discussion of the Subdivsion Regulation Ordinance at this time: "Resolution No. 79-4 WHEREFORE, IT IS HEREBY RESOLVED by the Town Council of the Town of Avon, Colorado -4- that: A Committe composed of Angelo Alpi, Richard Casserley, William Doyle, Steven Erickson, Allan Nottingham, Carol Richards and James Wells is hereby appointed by the Town Council to meet from time to time as it may determine in order to study the need for adoption of Subdivision Regulations by the Town of Avon and to make such recommendations regarding Subdivision Regulations to the Town Council as it may determine." Steve Erickson moved that the Council adopt Resolution No. 79-4, seconded by Carol Richards and the motion so carried. An A-95 Review for the NWCCOG A Mass Transit Technical Studies Grant was next discussed by the Council. A decision was made to return the report for more information. The Town Attorney reported that he had been in contact by mail with Congress- man Jim Johnson's office in regards to securing a second access to Sections 35 & 36 through Buck Creek for the Town of. Avon. He said he would keep the Council informed of any further correspondence. Lou Jenkins of the Minority Contractors' Association then addressed the Council. Mr. Jenkins first read a letter to the Council concerning past contracting actions within Eagle County stating that affirmative action regulations may of been violated in re: Title 6 of the 1964 Civil Rights Act. He then read a statement from the Minority Contractors' Association soliciting the Council's support on behalf of the Minority Contractors' Association of Eagle County. Under Mayor items, Mayor Alpi read an letter from the President of the Board of Directors of the Beaver Bench Condo Association, Mary Crawford. Ms. Crawford requested that Council action be taken concerning: 1.) immediately securing a vehicle for the Chief of Police of Avon to use for controlling speeding within the Town limits; 2.) the initiation of an aggressive animal control program. The Council discussed these requests and pointed out that action has already been taken on both counts. The Town Clerk was instructed to write Ms. Crawford a letter delineating such action. t • -5- Chief Sortland next read a press release of his first arrrest in the Town of Avon. The first reading of Ordinance No. 79-11, an ordinance amending Ordinance No. 79-2, Adoption of Uniform Codes for the Building Department was then introduced. John Blish stated that after cooperative discussion, the Council had determined that certain provisions of the Nation Life Safety Code were more severe than the Town wished to adopt for purposes of most of the buildings in the Town h of Avon. Blish further noted that Ken Richards and Jay HosburiGill still have the authority by submitting a written finding and filing copies of that document with the Building Department and the Town Clerk, to enforce certain provisions of the National Life Safety Code in instances which they may determine. Ken Richards added that he and Jay HosburgYwould enforce the National Life Safety Code in connection with all commercial buildings and all combination residential/commercial buildings within the Town of Avon. Concluding discussion, Carol Richards moved that Ordinance No. 79-11 "AN ORDINANCE AMENDING ORDINANCE NO. 79-2, SERIES OF 1979, BY MODIFYING THE APPLICABILITY OF THE NATIONAL LIFE SAFETY CODE AND PROVIDING FOR THE IMPLE- MENTATION OF CERTAIN PROVISIONS OF THE NATIONAL LIFE SAFETY CODE UPON THE ORDER OF CERTAIN DESIGNATED TOWN OFFICIALS.", be approved on first reading. Jim Wells seconded and a roll call vote was taken with all Council Members voting yes. Ken Richards then requested that the Council adopt a resolution waiving Amendment No. 3a, page 15 of Ordinance No. 79-2 " a. Amendment. The following general amendment is made to the provisions of the NEDC: All electrical wiring in Group A, E, I, H AND B occupancies, as defined in the Uniform Building Code, shall be encased in metal conduits, raceways, or in approved armor. All wiring in Group R shall be encased in metal conduits, raceways, or in approved armor to the circuit breaker box for each unit. No aluminum wire or copper-clad aluminum wire smaller than Size 8 will be permitted within the Town of Auon." This resolution was suggested by I, - 6- Richards because of pre-existing wiring within the Benchmark Condominiums which would require major alterations to the existing buildings. John Blish and Ken Richards agreed to write this resolution which would grant the requested variance for the Building Department by the next Council Meeting. The idea of a "Clean-Up Day for Avon," was mentioned by John Blish, but tabled for further organization by possible participants. With no further business, Steve Erickson moved that the Meeting be Adjourned; seconded by Richard Casserley and adjourned by the Mayor at 10:00 P.M. Respectfully Submitted MINUTES APPROVED, NOTICE OF MEETING WAIVED: C~ TOWN OF AVON GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES FOR THE MONTH ENDED 19-71 Year to Date Budget Current - - chedule Month Amount Budget I:-VENUES: Taxes: Ad Valorem Taxes Sales Taxes Real Estate Transfer Misc. Taxes _ 0thet' - Total Taxes f e e s Guildi fig Permits S LZ L?,Ji S_-LIJ-5-L Design Review ao Road Cuts ,Subdivi sion ,etc Other Total Fees Licenses: Over (Under) E3udget u 100,000- (1f ~J 37l o 09 C7,~oo_us> 000_ S_3541~~ E3 u s i n e s s 5 - - S. /0, v0 % S- ---100 Liquor- License Hearing ea - 7U,yo~, - _-1Q~- UO Contractor ~/~✓ao -_!fo~ _ 'Ll~_y7~y 2.OQQ- 575_ ~__p0> Other Total Licenses Fines: Traffic 1,000 eo Other Total Fines Other Revenues: Xerox Other S /U OQ 5- /c'' 61r) Total Other S_ S 1 1000 -4~1 TOTAL REVENUES $ 0 vo S ~ S 209201_ S /~~3 "12 I'/'' 0 • 3cheduIe PENDITURES : Town Council Eeclal Judicial Executive Public Safety 6. Building Department Design Review Board Administration 9. Capital outlay 10. Public Works 1. Debt Service Contingency /Jn D r ~~/A G~ 'o-iAL E XPFNDITURFS f xcf~ss of Revenues over GLxpenditures r;~~ginning Cash Balance Er dine Cash Balance /,/iI L y s / = o,-- e-~,j J-/-, - lron _7, N(7S / !C CAN A/- %c flc- - flt /Ode'✓c, -2- Current Year to--date iMOnth Amount 7 Budget 71- 56 ~_?d)~S~o 5 3r~O~ZZG ~Zy,cO Budget L5 , 7f3(~ __37, 7_5 n-- ~cn Dfl_- _~b.,1IIlU- ll)_,DUD__ Alf) . Z~O, OOGLU~ _21U~, UDD over° (Under) Budget y /So.vv~ (133 l~~ CJV_i_iZ7) ov> ~/4 OG'O, UD ) (Y&- 20 >~o SU0- Z 94)-- g--~ ~ CJ n -J- IiLDUL I- ;,PIE ND ITU.LS Town Counc i 1 ,Council Come Dues Travel Contg. C/Ui Gtr / Total Council S __f{~,av --J Legal CompensatlOil fro --Z~ uD7 Secretary Travel - - Dues - ---G Outside Council O C o n t g.-' - r --BLS y/ I. Total Legal 33~c8 -lbw Judicial Court G Mi sc . Tapes - - - O t h e r Executive Tovni Clerk 5- _1.~ G?~ S-y/ 6v Z Jr T ra v e 1 Con t q - - - Y~/~0_ p Total Exec. $ 13 X320 100 ll~. /x1) - 1 2500 - - 860 -5, 780 $~~p yo) 524,000 S(W, arl) 6.000_ G,yoojv~ 1 '000 - -~OUYJ, tlo _ 1 L000 _ ~ /Lady dd) 5 , 000 750 S 37, ,750 S_ 2 , 200 Z77 , 250 S- 2,450 $ 5 12,000 750 v7 _ 500 $_13,250 SlU 3, o -4- SCHEDULE Public Safety Po t i c e Chief 2nd Of f i c e - - --.1.,11 OD--- ~ _ Loy. v~o- G~~ Car, Radio Office Supplies Conty. ---2.M [L TotaL~LlLdis_SafetyC building Department Chief Inspector $_L4 000 Travel Llectrical, Plumbing extra inspections Pubt ic(-Itiolls 0 f f i c e Sun l_ies___.`-- Con tg . Total bldg. D . 5 _ ~L1U 1.1 $ Zz30.3S- 7. Design °eviet,i board Compensation Cont. _ Total U.R.Q. ,j_ ~iillliIIStrat1011 Annual Audit .Accounting & budget Rent Office Supplies Telephone Xerox Posta,je Subscriptions Equip. !Maintenance Insurance Publishing Printing Payroll Taxes l.!orkman's Comp. Health Insurance Subtotals carried 5 s ~Sood so -1Jyy -----1~L76- 5_,0c'a. 00 -1~ z~,.ro 331 y 3, 500 __1_,zfl~ L~3 ZS ---1D0__ /oa od inn l BUG, l~ -2, Inn . C__l b~ 65) o u -5- SCHEDULE Subtotals from previous S /1~,-y7 5_335}~ page - Adnlinstratioil cont. C o n t a. - Total Ainlllistr. Capital Outlay Furniture & Equip. Other - - -(z O Total Capital l~ Puhl i c. W0Vl s C o n t r a c t (2 $ O _ O Total Public I~. Debt Service P r i nc i pal - --s- - Interest ~Z- Total Debt tie,-v.S---- 41 Contin(jency - $ 47,600 0-/17 - e- 2 500 S $ ~~3~?~G~✓?~ 50 100 $ 15,700_ $ ~3) 300 16 , 000 _ $ 6(z~A-a $-10,000 S~a~ooa.vv~ S 10,000 $61006y.ao) S -0- $ 0 -0- - S -0- S-_-170 - S~ 1 ot,l I's - $ 240,000- S • 0 RESOLUTION No. 79-4 TOWN OF AV014 WHEREFORE, IT IS HEREBY RESOLVED by the Town Council of the Town of Avon, Colorado, that: A Committee composed of Angelo Alpi, Richard Casserley, William Doyle, Steven Erickson, Allan Nottingham, Carol Richards and James Wells is hereby appointed by the Town Council to meet from time to time as it may determine in order to study the need for adoption of Subdivision Regulations by the Town of Avon and to make such recommendations regarding Subdivision Regulations to the Town Council as it may determine. INTRODUCED, 64L , 1979 READ AND ADOPTED THIS ¢ DAY OF TOWN OF AVON a Ang to V. Alpi , Mayor A'T'TEST: /E 156 a 4(' Tonie Koonce Town Clerk 0 0 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 8th day of May, 1979 at the Town Hall for the purpose of considering the adoption of AN ORDINANCE REGULATING WORK WITH- IN THE TOWN OF AVON, COLORADO, ESTABLISHING PERMIT REQUIRE- MENTS AND FEES; PROVIDING FOR THE ENFORCEMENT OF THE ORDINANCE; AND SETTING FORTH VARIOUS OTHER PROVISIONS RELATED THERETO, AND AUTHORIZING CHANGE AND AMENDMENTS THERETO. A copy of said Ordinance is attached hereto and.i.s 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 24th day of April, 1979. TOWN OF AVON, COLORADO By order of the Town Council- By TOWN CLERK Posted at the following public places within the Town of Avon April 25, 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 LI • ORDINANCE No. 79-10 SERIES 1979 AN ORDINANCE REGULATING WORK WITHIN THE PUBLIC iaAYS OF THE T0V.IN OF AVON, COLORADO, ESTABLISHING PERMIT REQUIREMENTS AND FEES; PROVIDING FOR THE ENFORCE"SENT OF THE ORDINANCE; AND SETTING FORTH VARIOUS OTHER PROVISIONS RELATED THERETO, AND AUTHORIZING CHANGE AND A-MENDIMENTS THERETO; WHEREAS, it is necessary and desirable that construction work within the public ways of the Town be performed in accordance with uniform acceptable engineering standards and precedures; and WHEREAS, failure of such construction to conform to acceptable and uniform engineering standards and precedures is or may be detrimental to and may endanger the public health, safety and welfare; and WHEREAS, adherence to such standards and procedures is essential to the protection of the public investment in the public ways; and WHEREAS, Engineering Regulations, Construction Specifications and Design Standards have been prepared and the Town Council desires to adopt the same and to authorize the making of changes or amendments therein. NOW THEREFORE, BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, that: Section 1. Findings. The Town Council finds as follows: A. That the public investment in the public ways of the Town of Avon is a substantial and valuable investment which must be Protected for the benefit of the people of the Town of Avon and of all persons who use or rely upon the public ways of the Town for transportation, communication. telephone service, water, utility and other services, and drainage. B. That work within regulated in the interest welfare and safety for the people of the Town of Avon or relying upon the public Section 2. Definitions. the public ways must be of the public health, protection of the and of all persons using ways of the Town. A. Applicant. shall mean any person who makes application for a permit. B. Town. shall mean the Town of Avon, a municipal corporation of the State of Colorado. C. Building Administrator. shall mean the Building Administrator of the Town of Avon, or his authorized representative. D. Emergency. shall mean any unforeseen circumstance or occurence, the existence of which constitutes a clear and immediate danger to persons or property. • E. Engineering Regulations, Construction Specifications, and Design Standards. shall mean the Engineering Regulations, Construction Specifications and Design Standards of the Town of Avon for work within the public ways of the Town of Avon as delineated in Section 30 of this Ordinance. F. Permittee, shall mean any person who has been issued a permit and has agreed to fulfill all the terms of this Ordinance. G. Person. shall mean and include any natural person, partnership, firm association, public utility company, corporation, company, special district or organization of any kind. H. Public Utility Company. shall mean any company subject to the jurisdiction of the State Public Utilities Commission, or any mutual non-profit corporation providing gas, electricity, water, telephone, or dither utility product or services for use by the general public, but shall not include "special districts." I. Special District.shall mean any Local Improvement and Service District organized under the provisions of the Colorado Revised Statutes, 1973, Title 32. J. Public Way. shall mean and include all public rights-of-way and easements, public footpaths, walkways and sidewalks, public streets, public roads, public highways, public alleys, and public drainage ways and utility easements. It shall not, however, include utility easements on private property not within other public ways of the Town as other- wise defined herein. K. Work Site Restoration. shall mean and include the restoring of the original ground or paved surface to the same (or better) condition than the condition which existed before construction commenced, and shall include but not be limited to repair, clean-up, backfilling, paving and other work necessary to place the site in acceptable condition following the conclusion of the work Section 3. Construction of Ordinance. A. As used herein, the singular shall include the plural and the masculine shall include the feminine and neuter. B. This Ordinance shall be liberally construed, so as to effect the intention hereof to protect and preserve the public ways of the Town for the uses thereof, and for the protection of the people of the Town of Avon and of all persons using or relying upon the public ways of the Town. Section 4.Unlawful to Work in Public Way Without Permit and Compliance. It shall be unlawful for any person to make, construct, reconstruct, or alter any opening excavation, tunnel, sidewalk, curb, gutter, driveway, street, or to perform any other work of any kind within the public way which will result in physical alteration thereof, unless such person shall first have obtained a permit for the performance of such work, and unless such work shall be performed in conformity with the terms and provisions of this Ordinance and of the permit or permits issued hereunder except as here- inafter specifically provided. -2- • Section 5. Applications For Permits. Each and every person desiring to perform any work of any kind described in Section 4 above made subject to regulation by this Ordinance, in a public way within this Town shall make application for a permit. Such application shall be filed with the Building Administrator on a form or forms to be furnished by the Building .Administrator. Such application shall be trade during the normal office hours of the Town. Such application shall state this exact nature and location of the orooosed work and the time required for its completion. When necessary, in the judgment of the Building Administrator, to fully_ determine the relation- ship of work proposed, to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the Engineering Regulations, Construction Specifications, and Design Standards, the Building Administrator may require the filing of engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit determination of such relation- ship or compliance or both, and the application shall be deemed suspended until such Plans and sketches are filed. The applicant, may be required, in addition, to present information that all materials, labor and equipment which may be required to complete the proposed work are available. Section 5. Commencement of [cork--Approval or Disapproval of Applic tia on. A. No work shall be commenced until the Building Administrator has approved the application and until a permit has been issued for such work, except as specifically provided to the contrary in this Ordinance. B. Within three working days of the filing of any application, the Building Administrator shall approve or disapprove the same, stating in writing the reasons for his disapproval, if the application is disapproved; provided, however, that the time for approval or disapproval may be extended by the Building Administrator if necessary in his judgment to allow the checking of plans, sketches and specifications submitted, but no such extension of time for approval or disapproval shall exceed thirty days from the date of filing of required plans, sketches and specifications. The time during which an application is suspended awaiting the filing of plans, sketches or specifications, shall not be included in the computation of time hereunder. C. A permit shall issue on approval of an application by the Building Administrator. 1. Each permittee shall notify all utilites operating in the Town, the Police Department and the Fire Department of the nature and location of the work authorized by the permit and the time the work shall begin, at least twenty-four hours before the work authorized by the permit is to begin. Such notice shall be made during the normal office hours of the utilities and police and fire department. -3- • D. The disapproval of an application by the Building Administrator may be appealed by the applicant to the Town Council by the filing of a written Notice of Appeal within ten days of the action of the Building Administrator. The Town Council shall hear such Appeal, if written request therefor be timely filed, at the next regularly scheduled Town Council meeting and render its decision within a reasonable time. E. In approving or disapproving work within the public way; or permits therefore; in the inspection of such work; in reviewing plans, sketches or specifications, and generally in the exercise of the authority conferred upon him by this Ordinance,the Building Aministrator shall act in such manner as to preserve and protect the public way and the use thereof, but shall have no authority to govern the actions or inaction of permittees or applicants or other persons which have no relationship to the use, preservation or protection of the public way or the use thereof. Section 7. Connections with Special Districts; and Notices to Owners Abuttinq and Adioinina. A. Applications for work connecting to a special district property must be approved by the special district involved, as well as by the Building Administrator. B. If the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project, the permittee shall notify the affected property owners and tenants of the proposed work to be done. C. If the work to be undertaken by a permittee will affect other sub-surface installations in the vicinity of the proposed opening, the permittee shall notify the owners of such facilities of the proposed work. Section 9. Eligibility. No persons shall be eligible to apply for or receive permits to do work within the public way of the Town of Avon, save and except contractors licensed by the Town as a Municipal Contractor, Class A, Class B, or Class C Contractor, or public utility companies and special districts. -4- Section 9. Permit Fees. A fee of Ten ($10.00) Dollars shall be required for each permit issued, except that annual permits may be obtained for a fee of One Hundred ($100.00) Dollars.'More than one item may be included on a permit provided all items are within the immediate vicinity. Section.10. Review and Inspection Fees. -Fees for the review of the application-, inc uding plans. specifications and sketches and for inspection as the work progresses shall be assessed by the following schedule: Service Cut(s): First cut $25.00 Additional cuts $10.00 each Longitudinal Cut(s): $25.00 plus $0.10 per lineal foot. Driveways (including culverts): $25.00 plus $0.10 per lineal foot. Street Surfacing & Repairing (Asphalt): $25.00 plus $0.10 per square foot. Permittees shall, at the time of application for permit, and before issuance thereof, or in the case of the holder of an annual permit, at the time of giving notice of work to be performed, pay an estimated amount to cover expected costs of engineering review and inspection, w:zich charges shall be computed in accordance with the above schedule of Review and Inspection Fees. No permit shall be issued (other than annual permits) and no work shall be performed under any permit for which such charges have not been paid by the permittee. In the event that the actual work performed by the permittee shall exceed the work as stated in the application upon which the charges were based and upon which additional charges should be assessed, the permittee shall be liable for the difference between such actual review and inspection fees and the amount paid by him, if said difference exceeds Twenty- Five ($25.00) Dollars, which shall be billed by the Town at the conclusion of the work, or from time to time as the work preceeds; and in the event of non-payment of all or part thereof, the balance due may be collected by the Town Attorney by legal action, or may be referred by the Town Attorney for collection, as may be deemed appropriate by the Town Attorney. In the event of non-payment, the permittee shall not be entitled to receive further permits from the Town, or to perform further_ work within the Town's public ways. In the event that the amount of such engineering review and inspection charges paid by the permittee on an estimated basis as aforesaid, shall exceed the actual charges of such work by more than Twenty-five ($25.00) Dollars, the difference between the amount paid and the actual cost shall be repaid to the permittee by the Town at the conclusion of the work. -5- 0 & Section 11. Payments to the Town of Avon. All amounts to be paid by the permittee shall be paid to the Town of Avon and receipted by the Town Clerk. Section 12. Work Under Annual Permits. A. It shall be unlawful for the holder of any annual permit to commence or undertake any work in the public way on any job or separate undertaking not previously approved by the Engineer. B. The holder of an annual permit shall in advance give written notice to the Building Administrator of each job or separate under- taking which the permittee desires to under- take in the public way within the Town of Avon, and shall furnish to the Building Administrator such plans, sketches or specifica- tions, or all of them, as the Building Administrator_ may find necessary to fully determine the relationship of the work pro- posed to be performed to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the Engineering Regulations, Construction Specifications and Design Standards of the Town. C. Each such notice shall advise the Building Administrator of the nature of the work to be performed, the time within which the work is to be performed, and the place of work. D. Within three working days of the giving of such notice, the Building Administrator shall approve or disapprove the doing of such work under such permit, and shall state the time within which the work shall be performed, if approval is granted. Notification shall be given by the permittee to all utilities and the Police and fire departments as required under Section 6.C.1. E. Such work, if approved, shall be performed at the place and during the time approved by the Building Administrator and the time may be extended by the Building Administrator for good cause shown, or extension of time may be refused by the Building Administrator if the work has not been satisfactorily performed. Section 13. Permit Duration and Limits. Each permit application shall state the starting date and estimated completion date. The permit shall be valid for the time period specified. If the work is not completed during such period, the permittee may apply to the Building Administrator for an additional permit or an extension, which may be granted by the Building Administrator if the requirements of this Ordinance are satisfied. An additional permit or extension may be refused by the Building Administrator if he finds that work under the original permit, or as extended, has not been satisfactorily performed. -6- 0 • Section 14. Assignment of Permits. Permits shall not be transferable or assignable, and work shall not be performed under a permit, other than an annual permit, in any place other than specified in the permit. Nothing herein contained shall prevent a permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance and other requirements of this Ordinance and under said permit. Section 15. Permit or Permit Number on Job Site. Either a copy of the permit or the permit number, or both, shall be kept on the job site at all times as work is in progress. Section 16. Emergency Work. Any person maintain- ing pipes, lines or facilities in the public way may proceed with work upon existing facilities without a permit when emergency conditions demand the work to be done immediately; provided a permit could not reasonably and practicably have been obtained beforehand. Any person commencing emergency work in the public way without a Permit shall immediately thereafter apply for a permit or give notice on the first regular business day on which Town offices are open for business after such work is commenced, and a permit may be issued which shall be retroactive to the date when the work has begun, in the discretion of the Building Administrator. In the event that emergency work is commenced on/or within any public way of the Town, Ehe Police Department shall be notified within one-half hour from the time work is commenced. The person commencing and conducting such work shall take all necessary safety precautions for the protection of the public and the direction and control of traffic. Section 17. Suspension or Revocation of Permits, and Stop Orders. Any permit may be revoked or suspended by the Building Administrator, after notice to the permittee for: A. Violation of any condition of the permit or of any provision of this Ordinance. B. Violation of any provision of any other Ordinance of the Town or law relating to the work. C. Existence of any condition or the doing of any act which does constitute or may constitute or cause a condition endangering life or property. A suspension or revocation by the Engineer, and a stop order, shall take effect immediately upon entry thereof by the Building Administrator and notice to the person performing the work in the public way. -7- A stop order may be issued by the Building Administrator directed to any person or persons doing or causing any work to be done in the public way without a permit, or in violation of any provision or provisions of this Ordinance, or whenever the Building Administrator shall suspend or revoke a permit. Any suspension or revocation or stop order by the Building Administrator may be appealed . by the Permittee to the Town Council, by filing a written notice of appeal within ten days of the action of the Building Administrator, The Town Council shall hear_ such appeal, if written request therefor be timely filed, as soon as practicable, and render its decision within a reasonable time following filing of notice of appeal. Section 18. State Highway Permits. Holders of permits for work in the public way within the Town limits, issued by the State Highway Department of the State of Colorado, shall not be required to obtain permits from the Town under the provisions of this Ordinance; nor shall any Town permit be construed to permit or allow work in a State Highway within the Town without a State permit. The Building Administrator shall have the right and authority to regulate work under_ such permits with respect to hours and days of work, and measures required to be taken by the permittee for the protection of traffic and safety of persons and property. Section 19. Bond. Each applicant, before being issued a permit, shall provide the Town with an acceptable corporate surety bond of not less than two thousand (2,000) Dollars, or a deposit of not less than Two Thousand ($2,000) Dollars in cash to guarantee faithful performance of the work authorized by a permit granted pursuant to this Ordinance.- The amount of the bond or cash deposit required may be increased in the discretion of the Building administrator whenever it shall appear that the amount and cost of the work to be performed may exceed the amount of bond or cash deposit, otherwise required hereunder. The term of the bond shall run co-incedent with the term of the applicant's annual permit, or if the application shall be for a permit other than an annual permit, the term of the bond shall run coincident with the term of the applicants license issued under the Building Code of the Town of Avon, and the same may continue from year to year by delivery of a continuation certificate signed by Attorney in fact under the seal of the surety. Public utilities may submit a corporate bond, without sureties. Section 20. Default in Performance. Whenever the Building Administrator shall find that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and to the surety on the bond if there is a surety bond. Such notice shall state the work to be done., the estimated cost thereof, and the period of time deemed by the Building Administrator to be reasonably necessary for the completion of the work. -8- Section 21. Completion of Work. In the event that the surety (or principal), within a reasonable time following the giving of such notice (taking into consideration the exigencies of the situation, the nature of the work, and the requirements of public safety and for the protection of persons and property), shall fail either to commence and cause the required work to be performed with due diligence, or to indemnify the Town for the cost of doing the work, as set forth in the notice, the Town may perform the work, at the discretion of the Building Administrator, with contract forces, and suit may be commenced by the Town Attorney against the contractor and bonding company and such other persons as may be liable, to recover the entire amount due to the Town on account thereof. In the event that cash has been deposited, the costs of performing the work may be charged against the amount deposited and suit brought for the balance due, if any. Section 22. Insurance. Before being issued the permit, each applicant shall provide the Town with a certificate of insurance in form acceptable to the Building Administrator indicating that the applicant is insured against claims for damages for personal injury and for property damage which may arise from or out of the per- formance of the work, whether such performance be by himsilf, his subcontractor, or anyone directly or indirectly employed by him; Workmen's Compensation Insurance, and motor vehicle liability insurance. The insurance required shall cover (but such coverage shall not be limited to) collapse, explosive hazards and underground work, and shall include protection against liability arising from completed operations. Exclusions of explosive hazards, collapse or liability from underground operations may be approved by the Building Administrator, in his discretion, but such exclusions must be clearly specified on the certificate or certificates of insurance furnished to the Town. The Building Administrator shall prescribe the amounts of insurance required; provided, however, that such insurance shall not be less than that required for the performance of such work by licensed contractors under the Building Code of the Town of Avon. A public utility company may be relieved of the obligation of submitting certificates of insurance if it shall submit satisfactory evidence in advance that it is insured, or has adequate assets and provisions for self-insurance. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit. Section 23. Notice of Imorovements. When the Town schedules a major improvement in any public way, the Building Administrator shall notify all affected Special Districts and public utilities of the nature, scope and timing of said improvements When final plans are approved, the Town Clerk shall give notice to all persons owning property abutting the public way about to be improved, and to all Special Districts, and public utilities -9- owning or operating substructures in said way, and all such persons, public utilities, and Special Districts shall within sixty (60) days from the giving of such notice make all connections as well as any repairs thereto which would necessitate excavation of the public ways. The time may be extended if permission is requested in writing and approved by the Building Administrator. Section 24. Restrictions upon opening New Streets. No permit shall be issued by the Building Administrator which would allow an excavation or opening in a newly paved, or rebuilt street surface less than one (1) year old unless the applicant can clearly demonstrate that public health, safety, or interest require that the proposed work be permitted or unless an emergency condition exists. Section 25. Opening New Streets. If by approval of the Building Administrator, a permit is issued to open any newly paved or rebuilt street surface less than one (1) year old, excpet under emergency circumstances, restoration wort: may be required to be performed to higher_ engineering standards than those ordinarily required, so that the quality of restoration shall be and remain in conformity with the quality of the surface generally; and all charges to be paid by the permittee in connection with engineering, inspection and restoration of the surface shall be charged accordingly to the permittee, even though higher than the rates normally set forth in the schedule of charges maintained by the Building Administrator. Section 26. Testing of Facilities in Public Mays. A. Every person owning, using, controlling or having an interest in pipes, conduits, ducts, or other facilities within any public way, shall, file with the Building Administrator within 120 days after passage of this Ordinance, a large map or a written statement identifying the public ways wherein the aforementioned facilities owned by such person are located, together with their location therein. B. Within ninety (90) days after the first day of January of each and every year following the passage of this Ordinance, such person, without further request, shall notify the Building Administrator in writing of any charges necessary to maintain the listing required in Subsection A of this Section 26. Section 27. Abandoned Facilities. A. Whenever any pipe, conduit, duct, tunnel, or other structure or portion thereof located within any public way, or the use thereof, is abandoned, the person owning, using, controllinc or having an interest therein shall, within thirty (30) days after such abandonment, file with the Building Administrator, a statement in writing giving in detail the location of the structure so abandoned. -10- i' • B. The owner of any abandoned facility within a public way may be required to remove or make alterations in the same by the Building Administrator, if such removal or alterations become necessary in the judgment of the Building Administrator to permit work or improvements within the public way, or if the abandoned facilities or any part thereof shall constitute a nuisance or hazard to the public health, safety, and welfare. The Building Administrator shall notify the owner of the requirements for alteration or removal, and shall set a reasonable time for such alteration or removal, taking into consideration the nature of the nuisance or hazard, if any, the requirements of the public health, safety and welfare, and the time required to accomplish such atleration or removal. If the owner shall fail or refuse to remove or alter such facilities according to the terms of the notice, or to commence such alteration or removal within a reasonable time following the giving of such notice, then the Town may remove or alter the abandoned facilities or cause the same to be removed or altered, and the owner shall reimburse the Town for the cost of such removal or alteration. C. If the owner shall fail to reimburse the Town for the costs of such removal or alteration, the owner shall not be eligible to receive any further permits or approval to work in the public way under any permit from the Town, or to conduct any work within the public way within the Town; and the Town Attorney may commence action against the owner for the cost of removal or alteration of the abandoned facilities, or refer the same for collection, in the discretion of the Town Attorney. Section 28. Hold Harmless. The permittee agrees to to save the Town, its officers, employees and agents harmless from any and all costs, damages and liabilities which may occur or be claimed to Qccur by reason of any work performed under said permit. The acceptance of any permit under this ordinance shall constitute such an agreement by the permittee whether the same is expressed or not. Section 29. Liability of Town. This Ordinance shall not be construed as emposing upon the Town or any official or employee any liability or responsibility for damages to any person injured by or by reason of the performance of any work within the public way, or under a permit issued pursuant to this Ordinance; nor shall the Town or any offical or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any work. Section 30. Engineering Regulations, Design Standards and Construction Specifications. These Engineering Regulations, Design. Standards and Construction Specifications,or as amended, shall govern construction of public facilities and construction within the public way of this Town; and no such construction shall be approved unless performed and completed in accordance with such Engineering Regulations, Design Standards and Construction Specifications, or as amended, unless such performance or completion in accordance with such standards be waived in writing for reasons stated in such written wavier by the Building Administrator or the Town Council. -11- The Building Administrator shall have and is hereby given the authority from time to time and at any time to revise the said Engineering Regulations, Design Standards, and Construction Specifications or to amend the Same, in accordance with good engineering standards and practices, subject only to approval by the Town Council, said approval to be by resolution. Copies of these Engineering Regulations, Design Standards and Construction Standards, as the same may be amended from time to time, shall be kept in the office of the Town Clerk and made available for public inspection in the offices of the Town Clerk at any time during business hours. Copies of the Engineering Regulations, Design Standards and Construction Specifications as incorporated in this Ordinance, and as the same may be amended from time to time shall be available to be sold to the public at a reasonable price sufficient to cover the cost of orinting and reproduction by the Town of Avon. Section. 30.1 Opening and Excavation Restrictions. A. The Rules and Regulations Governing Excavation work of the industrial Commission of Colorado shall be applicable to excavation work 5' or greater in depth performed in Public Ways. Permit application for said excavation must be accompanied by proof that a "Notice of intent to Excavate or Trench" form has been filed with the Industrial Commission. The Building Administrator will have these forms on hand to fill out if oroof does not accompany the application and the Building Administrator will forward all such intent forms at the close of each day's business. B. The stipulations which follow are general in scope and may refer to conditions which will not be encountered in the performance of the work, and which are not applicable thereto. Any requirement or stipulation which pertains to a non-existent conditon shall have no meaning. The Building Administrator may attach such other conditions or stipulations as may be reasonably necessary to facilitate the work, prevent damage to public or private property, or to prevent the work from being conducted in a manner hazardous to life or property or in a manner likely to create a dangerous or unsafe condition. C. One lane of traffic in each direction shall be maintained when any work is performed in a public street. Traffic on streets shall not be restricted between the of 7:00 A.M to 9:00 P.bl and 4:00 P.L'A to 6: P.M., Monday through Friday, except in an emergency. Weekend and holiday work shall require proper notice and/or the Building Administrator's permission. D. Open trench cuts shall not exceed 300 feet beyond backfill and cleanup operations within an established residential area and/or paved street except by special permission of the Building Administrator. -12- • E. All utility facilities shall be exposed sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary. F. The permittee shall not interfere with or relocate any existing line, pipe or structure without the written consent of the owner. No facility owned by-the Town shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned facilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the facility. The permittee shall support and protect all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across such work. The permittee shall secure approval of the method of support and protection from the oviner of the facility. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, and for this purpose pipe coating or other encasement or devices are to be considered as part of the facility, the permittee shall promptly notify the owner thereof. G. Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey benchmark within the Town, shall not be removed or disturbed unless permission to do so is first obtained in writing from the Building Administrator. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument. H. When work performed by the permittee interferes with the existing drainage system of any street, provision shall be made by the permittee to provide drainage to the satisfaction of the Building Administrator. I. Excavated materials shall be laid compactly along the side of the trench in a manner so as to cause as little inconvenience as possible to public travel. In order to expedite flow of traffic or to abate a dirt or dust nuisance, the street supervisor may require the permittee to provide toe boards or bins; and if the excavated area is muddy and causes inconvenience to pedestrians, temporary wooden plank walls shall be installed by the ')erm1tta@ as directed by the Building Administrator. When any earth, gravel, or other excavated material is caused to roll, flow, or wash upon any street, the permittee shall cause the sand to be removed from the street within twenty-four (24) hours after deposit. In the event the earth, gravel, or other excavated material so deposited is not removed, the Engineer shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his bond. -13- • • J. It shall be the duty of every person cutting or making an excavation in or upon any public place, to place and maintain barriers and warning devices necessary for safety of the general public. Barriers, warning signs, lights, etc., shall conform to the requirements of the Building Administrator. Warning lights, electrical markers or flashers shall be used to indicate a hazard to traffic from one hour before sunset of each day to sunrise of the next day. The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. When traffic conditions permit the Building Administrator may, by written approval, permit the closing of streets to all traffic for a period of time prescribed by him. The written approval of the Building Administrator may require that the permit-tee give notification to various public agencies and to the general public. In such cases, such written approval shall not be valid until such notice is given. Warning signs shall be placed far enough in advance of the construction ooeration to alert traffic within a public street, and cones or other approved devices shall be placed to channel traffic, in accordance with the instructions of the Building Administrator. K. Exceot in the case of an emergency no permit shall be issued so as to allow a street opening or pavement cuts between November 15, and April 15. L. The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, value housing structures, and all other vital equipment as designated by the Building Administrator. M. Access to private driveways shall be provided except during working hours whenever construction operations prohibit provision of such access. N. In granting any permit, the Building Administrator may attach such other conditions as may be reasonably necessary to prevent damage to public or private property or to prevent the operation in a manner likely to create a nuisance. Such conditions may include, but shall not be limited to the following: 1. Restrictions as to the size and type of equipment. 2. Designation of routes upon which materials may be transported. 3. The place and manner of disposal of excavated materials. 4. The prevention of noise, and other results offensive or injurious to the neighborhood, the general public or any adjacent properties. -14- • • 5. Minimum depth of any service line shall be eighteen inches"below grade. 0. Equipment. Backhoes, cranes, or other heavy equipment with outriggers must be equipped with rubber pads on the outrigger before it.is., allowed to dig on said street or public right-of- way. Special provisions can be made by the Building Administrator in the event of emergencies or where special circumstances exist. Section 30.2 Backfilling. All pavement cuts, openings, and excavations shall be backfilled, surfaced, and restored, as follows: A. Backfilling under paved streets shall be made in accordance with the following specifications: 1. Materials. Materials shall be granular, consisting essentially of sand, gravel, rock, slag, desintegrated granite, or a combination of such materials. It shall be a well-graded mixture containing sufficient soil mortar, crusher dust or other binding material which, when placed and compacted, will result in a firm, stable foundation. Material composed of uniformly sized particles or which contains pockets of excessively fine or excessively coarse material will not be acceptable. The material shall meet the following gradation: Percent by Sieve Weight Passing Designation 2-1/2 inch 100 2-inch 95--100 No. 4 30-- 60 No. 200 5-- 15 All material Gassing the No.40 sieve shall have a liquid limit of not over thirty-five and a plasticity index of not over six. Test for liquid limit and plasticity index shall be in accordance with A.A.S.H.O. designations T-89 and T-91, respectively. 2. Construction Methods. The material shall be deposited lavers not exceeding eight inches in thickness prior to compacting. Each layer shall be compacted with suitable mechanical tamping equipment. It shall be compacted sufficiently to obtain a field density which is at least ninety percent of theoretical density as determined by A.A.S.H.O. Method T-99. Field density shall be determined by A.A.S.H.O. Method T-147. B. Backfilling of unpaved streets shall be made in accordance with the following specifications: 1. Materials. The bottom six inches and the top twelve inches of backfull shall be the same type of material specified in subsection A(1) of this section. The excavation material may be used for the remainder of the backfill, provide that no materials greater than six inches in diameter shall be used for backfill. -15- 2. Construction Methods. The material shall be deposited in layers not exceeding eighteen inches in thickness prior to compacting. Each layer shall be compacted with suitbale mechanical tamping equipment. It shall be compacted sufficiently to obtain a field density which is at least ninety percent of theoretical density as determined by A.A.S.H.O. Method T-99. Field density shall be determined by A.A.S.H.O. Method T-147. C. Excavations in unpaved public places not used as vehicular ways may be backfilled with earth and shall be compacted in lifts not to exceed eithteen inches in depth by loose measurement in a manner set forth by the street supervisior. All grassed areas shall be returned to their original condition. Section 30.3 Restoration of Surface. A. The cut and restoration of oil and chip surfaces shall be made in the following manner: 1. The initial pavement cut shall be made a minimum of one foot wider than the trench on all sides of the trench, a minimum of three feet wide, and the cut in the paving shall be made with a power circular saw or cutter. 2. The oil and chip surfaces shall match the quality and appearance of the existing surface surrounding the excavation, and shall be sealed with a chemical as approved by the Building Administrator. B. If the Building Administrator finds that paving surfaces adjacent to the street opening may be damaged where trenches are made parallel to the street or where a number of cross trenches are laid in close proximity to one another, or where the equipment used may cause such damage, the permittee shall be required to pay the cost of resurfacing. The cost of resurfacing shall be charged on a time and materials basis and payment shall be made prior to the issuance of any other permit. C. If any settlement in a restored area occur. within a period of one year from the date of completion of the permanent restoration, any expense incurred by the Town in correcting such settlement shall be paid by the permittee, unless proof is submitted by the permittee satisfactory to the Building Administrator that the settlement. was not due to defective backfilling. Failure to backfill property may be grounds for revocation of permittee's contractor's license. D. If the area to be resurfaced exceed fifty (50) percent of the total pavement surfacing in any block, the Building Administrator may require the permittee to resurface the block. Fifty percent or greater damage shall be deemed to require one hundred (100) percent restoration. This damage may be caused where trenches are laid in close proximity to one another, or where the equipment or method used causes damage. -16- • • E. The Town recognizes that Special Districts and public utilities perform inspections and have other agencies which inspect and require their facilities to be inspected; therefore, the Building Administrator will not make inspections of work performed by those permit holders unless a complaint is received from the public which requires an inspection by the Building Administrator, in which case, the permittee shall be billed for the inspection. If any failure in the restored area occurs within a period of one (1) year from the completion date, the Town shall require the permittee to make necessary corrections. For other permits, the Building Administrator shall :Hake such inspections as he may deem necessary. For underground installation, the Town recognizes that other agencies require inspections and the Town's concern is that the surface is properly restored. If any failure in the restored area occurs within a period of one (1) year from the completion date, the permittee shall be notified that corrections are necessary. If the corrections are not made in a reasonable time, the permi.tteds surety shall be notified and necessary corrections made and required expenses deducted from the bond. Inspections may be requested between the hours of 8:30 a.m. and 4:i0 p.m. Monday through Friday by calling 949-4280. Normally calls received before 12:00 noon will be inspected that day. F. In no case shall any opening, made by a permittee be considered in the charge or care of the Town or any of its officers or employers, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police powers, when it is necessary to protect life and property. Section 31. Penalties. It shall be unlawful for any person to do any act or thing prohibited by the terms of this Ordinance or any lawful orders or regulations issued pursuant hereto, and including but not limited to the Town of Avon's Engineering Regulations, Design Standards and Construction Specifications, or as may be amended, for any person to fail to do or perform any act or thing required to be done by this Ordinance, or any lawful orders or regulations issued pursuant hereto, and including, but not limited to the aforesaid Engineering Regulations, Design Stand- ards and Construction Specifications, or as may be amended. Any person, firm, or corporation violating any of the provisions or of this Ordinance shall be deemed guilty of a misdemeanor, and any such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day or .Dortion thereof during which any violation of any of the provisions of this Ordinance is committee, continued, or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than Three Hundred ($300.00) Dollars or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. -17- 0 0 Section 34. Severability. If for any reason any one or more sections, sentences, clauses or parts of this Ordinance are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Ordinance held invalid, and the invalidity of any section, sentence, clause or part of this Ordinance or in any one or more instances, shall not affect or prejudice in any way the validity of the remaining provisions hereof, or in any other instance. INTRODUCED, READ ON THE FIRST PUBLISHED ONCE IN FULL, THIS L_ A PUBLIC HEARING ON THIS ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF DAY OF 1979, AT 7:30 OF THE TOWN. READING, APPROVED AND ORDERED DAY OF , 1979, AND SHALL BE HELD AT THE MEETING AVON, COLORADO, ON THIS S+k P.M. IN THE MUNICIPAL OFFICE Aao jj~ ATTEST: Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED, AND ORDERED PUBLISHED THIS DAY OF 1979. ATTEST: Mayor 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 8th day of May, 1979 at the Town Hall for the purpose of considering the adoption of AN ORDINANCE AMENDING ORDINANCE No. 79-2, SERIES OF 1979, BY MODIFYING THE APPLICABILITY OF THE NATIONAL LIFE SAFETY CODE AND PROVIDING FOR THE IMPLEME14TATION OF CERTAIN PROVISIONS OF THE NATIONAL LIFE SAFETY CODE UPON THE ORDER OF CERTAIN DESIGNATED TOWN OFFICIALS. 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 24th day of April, 1979. MOT ITN OF AVON F COLORADO By order of the Town Council By V4~ E/(0DA✓ TOWN CLERK Posted at the following public places within the Town of Avon May 1, 1979 at: The Northeast side of the Benchmark Shopping Center (Avon Post Office) The main entrance - Eagle Valley Bowl The Pester Gast Station; and The Town Office, Second Floor, Benchmark Shopping Center ORDINANCE NO. 79-11 Series of 1979 AN ORDINANCE AMENDING ORDINANCE No. 79-2, SERIES OF 1979, BY MODIFYING THE APPLICABILITY OF THE NATIONAL LIFE SAFETY CODE AND PROVIDING FOR THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE NATIONAL LIFE SAFETY CODE UPON THE ORDER OF CERTAIN DESIGNATED TOWN OFFICIALS. Section 1. Modification of Applicability. The National Life Safety Code - Pamphlet 101 - as contained in the National Fire Code, 1976 edition, published by the National Fire Protection Association, 470 Atlantic Avenue, Boston, Massachusetts 02210 is hereby declared to be and is and shall be applicable to structures erected in any zone in which commercial use is permitted. Unless otherwise specified herein, the provisions of this National Life Safety Code shall not apply in zones in which commercial use is not permitted. Section 2. Authority to Extend the Applicability of the National Life Safety Code. Upon the recommendation of either the Town of Avon Fire Chief_ or the Town of Avon Building Officidl, and, when such recommendations are reduced to writing and filed with both the Town Clerk and the Building Offical, certain provisions of the National Life Safety Code as specified by either the Fire Chief or the Building Offical shall apply in exclusively residential zones. This extended applicability shall be based on the reclassification of certain structures or parts of structures which, in the opinion of the designated officials, require the application of the standards contained in the National Life Safety Code. Section 3. Penalty. Any person convicted of violating any of the provisions of this Ordinance shall be punished by a fine of not to exceed $300.00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Section 11. Severabilitv. If any provision, clause, phrase or section of this Ordinance or the application thereof to any person or circumtance 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. INTRODUCED, PASSED ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this.241~-A day of /4 pT,'j , 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 g4::h day of~~,l , 1979, at 7:30 P.M., in the Municipal Offices of the T wn. r4 yor ATTESr~'': & j 1~16 v4l( ~7 Town Clerk -2- INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS DAY OF , 1979. ?1layor ATTEST: Town Clerk ,l RESOLUTION NO. 79-3 TOWN OF AVON Ll WHEREAS, the Design Review Board was established by Ordinance No. 9, Series of 1978 and, WHERE, the Design Review Board was commissioned by the Town Council to establish a Master Plan for the Town of Avon and, WHEREAS, the Design Review Board has established the Master Plan definitions and Master Plan Map #1 and now desires approval of the Town Council to implement said Master Plan definitions and Master Plan #1 and, WHEREAS, these Master Plan definitions and the accom- panying Master Plan Map #1 is necessary for the operation of the Design Review Board and the Building Department of the Town of Avon, WHEREFORE, IT HEREBY RESOLVED by the Town Council of the Town of Avon, Colorado, that: "The Council hereby approves the Plaster Plan defini-. tions as amended, and Master Plan Map #1 as amended, as presented to the Town Council on April 10, 1979, and hereby orders that the said Master Plan definitions as amended and Master Plan Map #1 as amended, be effective immediately." INTRODUCED, READ AND APPROVED THIS 1 d A. DAY OF APRIL, 1979 TOWN OF AVON Ange17V. Alpi, Mayor ATTEST: Tonie Koonce Town Clerk