TC Ord. No. 1990-04• •
ORDINANCE NO.9 0-4
AN ORDINANCE FOR THE TOWN OF AVON,
COLORADO, AMENDING CHAPTER 12.08 OF THE AVON
MUNICIPAL CODE RELATING TO LOCAL
IMPROVEMENTS; ADDING TITE DEFINITIONS OF
"LTTII..ITY LINE PROJECT" AND "UTII.IY' TO THE
MUNICIPAL CODE; AND AMENDING C11AP TER 12.08 TO
AUTHORIZE THE TOWN TO CONSTRUCT U1 LITY LINE
PROJECTS AS LOCAL IMPROVEMENTS AND TO PERMIT
THE TO.VN TO ISSUE REGISTERED BONDS.
WHEREAS, the Town of Avon (the "Town"), in the County of Eagle, and
State of Colorado, is a municipal corporation duly organized and existing under Article XX
of the Constitution of the State of Colorado; and
WHEREAS, the Town's Charter (the "Charter") was duly adopted at a special
election held in the Town on June 13,1978: and
WHEREAS, Chapter XV of the Charter governs the Town's ability to create
improvement districts and to construct special or local improvements; and
WHEREAS, the Town Council (the "Council") deems it in the best interests
of the Town and its inhabitants to extend various utility lines, including natural gas, electric,
telephone, cable television and other utility lines in order to promote development, increase
the Town's tax base, and provide extended utility services to inhabitants; and
WHEREAS, Chapter 12.08 of the Avon Municipal Code (the "Code") governs
the method of creation of special improvement districts and defines the improvements that
may be constructed; and
WHEREAS, the Council deems it in the best interest of the Town and its
inhabitants to amend Chapter 12.08 of the Code to permit the Town to construct special
improvements relating to utility line projects; and
WHEREAS, the Council also desires to permit bonds issued pursuant to
Chapter 12.08 of the Code to be issued in registered form.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. All action heretofore taken by the Council and officers of the
Town, not inconsistent with the provisions of this ordinance are hereby ratified, approved and
confirmed.
Section 2. Section 12.08.040 of the Code is amended by the addition of two
new definitions as follows:
12.08.Q40 12efinitions.
"Utility" means any person which provides natural gas, electric,
telephone, cable television, or other utility service.
"Utility line project" means any works or improvements used in
providing natural gas, electric, telephone, cable television, or
other utility service, including lines, wires, cables, pipes, poles,
supports, tunnels, manholes, vaults, conduits, conductors,
transformers, insulators, switches, capacitors, pumps, meters,
circuits and all appurtenances and incidentals necessary, useful,
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or desirable for any such utility line project (or any combination
thereof), including real and other property therefor.
Section 3. Section 12.08.050 of the Code is hereby amended by the addition
of a new subsection as follows:
12.08,00 General Powers of Town.
(J) A utility line project;
Section 4. Section 12.08.160 of the Code is hereby amended by the addition
of a new subsection as follows:
12.08.160. Qupe[gtive Construction.
E. In connection with the acquisition of a utility line project, the
town may contract with the utility which will provide service
through such utility line project for the construction of such
utility line project and the town may waive by ordinance or
resolution any provision of this law requiring independent
contracts to be let by competitive bid or any provision otherwise
in conflict therewith, including, without limitation, Subsections A
through G of Section 12.08.070, Section 12.08.120, Section
12.08.140 and Section 12,08.150. In such event, the council may
adopt the provisional order, and the creation ordinance based
upon plans, the estimate of cost, assessment plat or preliminary
assessment roll provided by the utility or any officials of or
consultants to the town. 'I1ie council shall by resolution or
ordinance direct the town manager to enter into a contract with
the utility for the construction of the utility line project prior to
the final adoption of the ordinance creating the district.
Section 5. Subsection C of Section 12.08.160 of the Code is hereby amended
to read as follows:
12.0.3% Bond limitations and details,
C. Bonds may also be issued registered as to the payment of
principal or interest or both.
Section 6. The officers of the Town hereby are authorized and directed to
take all . action necessary or appropriate to effectuate the provisions of this ordinance.
Section 7. All orders, bylaws, resolutions, ordinances, or parts thereof, in
conflict with this ordinance are hereby repealed.
Section 8. If any section, paragraph, clause or other provision of this
ordinance is for any reason held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause or other provision shall not effect the
validity of the remaining provisions of this ordinance.
Section 9. This ordinance will be effective seven days after public notice
following final passage, adoption and approval.
Section 10. The Council will hold a public hearing hereon at a special
meeting of the Town Council on June 1, 1990 at the Town Hall, being the regular meeting
place of the Town Council, at the hour of/1P1,rp0IOVOW
4:00 p.m.
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C
INTRODUCED, PASSED ON FIRST READING AND ORDERED
PUBLIS14ED in full this 25th day of May, 1990.
(SEAL)
Mayor
Town of on, Colorado
FINALLY ADOPTED AND ORDERED FINALLY PUBLISHED in full this
1st day of June, 1990.
(SEAL)
Attest:
ma y&
Town of ly1n, Colorado
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It was thereupon moved by Councilmember McRory and
seconded by Councilmember Davis that the foregoing ordinance read for the
first time at this meeting, as aforesaid, be approved and passed on first reading to be
published by posting in full in the four places required by Section 6.7 of the Town Charter
and that a public hearing be held thereon at the special meeting of the Town Council at the
Town Hall on June 1, 1990 at the hour of ftibylfi(i l
4:00 P.M.
11ie question being upon the adoption of such motion, the roll was callcd with
the following results:
Those Voting Yes: Mike Bennett
Jerry Davis
bdv(d'~yafr'o
Gloria McRory
Aflb~vf /~a`~E/brri<y~fibXd~/S~r.
J~~i~St~~a11/
Those Voting No: None
Those Absent: Jim Stovall
Albert Reynolds
3 members of the Town1Gou c Having voted in favor of such
motion, the presiding officer thereupon declared the motion carried.
Thereupon, the Council considered other business and took other action not
concerning the proposed amendments to the Avon Municipal Code.
Thereafter, there being no further business to come before the meeting, on
motion duly made, seconded and unanimously carried, the meeting was adjourned.
cam.
Mayor
Town of Avon, ~4/oZrado
(SEAT.)
-5.
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
I, Patricia Doyle, Town Clerk of the Town of Avon, (the "Town"), in the
County of Eagle and State of Colorado, do hereby certify:
1. The foregoing pages numbered -1- through -5- constitute a true, correct,
complete and compared copy of the record of the proceedings taken by the Town Council
of the Town at a duly called regular, open, public meeting thereof held on May 25, 1990, so
far as said minutes relate to an ordinance amending the Avon Municipal Code, a copy of
which is therein set forth.
2. A copy of such ordinance contained in such minutes is a true, correct,
complete and compared copy of the original of the ordinance adopted by the Town Council
at the meeting.
3. I published the ordinance by posting the full ordinance on May 25,
1990, immediately following the meeting at the following four places pursuant to the Charter
and ordinance:
(a)
(b)
(c)
(d)
4. The
at such meeting, and 3
'I7ie office of the Town Clerk
City Market
Coastal Mart, Inc.
Avon Pgst Office
Mayor and other members of the Town Council were present
members of the Council voted on the adoption of the ordinance,
as in such minutes set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the
Town of Avon this 2 5 thday of May, 1990.
I I
(SEAL)
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e
STATE OF COLORADO )
COUN'T'Y OF EAGLE ) SS.
'T'OWN OF AVON )
The Town Council of the Town of Avon, in Eagle County, Colorado, met in
special session, in full conformity with law and the Charter, ordinances and rules of the
Town, at the Town Hall, being the regular meeting place of the Council, on Friday, June 1,
1990, at the hour of 4~06/zG~n. Upon roll call, the following were found to be present,
:00 P.M.
constituting a quorum:
Mayor:
Mayor Pro Tem:
Other Councilmembers:
Absent:
Allan R. Nottingham
Gloria McRory
Mike Bennett
David Garton
&Mt/E(iz0(tW6fd'✓9d
Jim Stovall
Jerrv Davis
Albert Buz Revnolsls, Sr.
constituting all the members of the Town Council.
There were also present:
Town Clerk: Patricia J. Doyle
Town Attorney: John Dunn
Town Manager: 1'iM/J,eXtKX11 Norm Wood
Thereupon, the following proceedings, among others, were had and taken,
The Clerk announced that an ordinance entitled:
AN ORDINANCE FOR THE TOWN OF AVON,
COLORADO, AMENDING CHAP'T'ER 12.08 OF THE AVON
MUNICIPAL CODE RELATING TO LOCAL
IMPROVEMENTS; ADDING THE DEFINITIONS OF
"UTILITY LINE PROJECT" AND "UI1LI'I'Y" TO THE
MUNICIPAL CODE; AND AMENDING CHAPTER 12.08 TO
AUTHORIZE THE TOWN TO CONSTRUCT UTILITY LINE
PROJECTS AS LOCAL IMPROVEMENTS AND TO PERMIT
THE TOWN TO ISSUE REGISTERED BONDS.
which ordinance was introduced and read by title for the first time on May 25, 1990, had, as
ordered by the Town Council, been published by posting on May 25, 1990, and that the
Clerk's certificate of posting is now on file in the office of the Town Clerk.
'T'hereupon, the ordinance was read by title for the second time, printed copies
having been furnished to Councilmembers and members of the public in attendance.
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A public hearing on the ordinance was then held.
It was thereupon moved by Councilmember Stovall and
seconded by Councilmember Bennett that the foregoing ordinance read for the
second time at this meeting, as aforesaid, be approved and finally adopted, to be published,
by immediate posting in full this June 1, 1990, in the four places required by Section 6.7 of
the Town Charter.
'17ie question being upon the adoption of such motion, the roll was called with
the following results:
Those Voting Yes:
Those Voting No:
Mike Bennett
J)6rq/ a(vfs/
David Garton
Gloria McRory
Jim Stovall
None
Those Absent:
Jerry pavj.-,
Albert Buz Reynolds, Sr.
4 members of the Town Council having voted in favor of such
motion, the presiding officer thereupon declared the motion carried, and the ordinance
adopted and approved.
On motion unanimously adopted, it was ordered that the ordinance be
numbered 9 0 - 4 be published by posting as aforesaid, and be recorded according to law.
Thereupon, the Council considered other business and took other action not
concerning the amendments to the Avon Municipal Code.
'lliereafter, there being no further business to come before the meeting, on
motion duly made, seconded and unanimously carried, the meeting was adjourned.
(%'SE1kL)
Mayor
Town of Avon, ~/Oiorado
-8.
STATE OF COLORADO )
COUNTY OF EAGLE ) SS,
TOWN OF AVON )
1, Patricia Doyle, Town Clerk of the Town of Avon, (the "Town"), in the
County of Eagle and State of Colorado, do hereby certify.
1. The foregoing pages numbered -7- through constitute a true, correct,
complete and compared copy 'of the record of the proceedings taken by the Town Council
of the Town at a duly called special, open, public meeting thereof held on June 1, 1990, so
far as said minutes relate to an ordinance amending the Avon Municipal Code, a copy of
which is set forth in the minutes of the Council meeting held on May 25, 1990.
2. A copy of such ordinance contained in such minutes is a true, correct,
complete and compared copy of the original of the ordinance adopted by the Town Council
at the meeting.
3. I published the ordinance by posting the full ordinance on June 1, 1990,
immediately following the meeting at the following four places pursuant to the Charter and
ordinance:
(a) The office of the Town Clerk
(b) City Market
(c) Coastal Mart, Inc.
(d) Avon Post Office
4. The Mayor and 4 other members of the Town Council were present
at such meeting, and 4 members of the Council voted on the adoption of the ordinance,
as in such minutes set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the
Town of Avon this 1st day of June, 1990.
(SEAL)
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
The Town Council of the Town of Avon, in Eagle County, Colorado, met in
regular session, in full conformity with law and the Charter, ordinances and rules of the
Town, at the Town Hall, being the regular meeting place of the Council, on Tuesday,
June 12, 1990, at the hour of 7 :30 p.m. Upon roll call, the following were found to be
present, constituting a quorum:
Mayor:
Mayor Pro Tem:
Other Councilmembers:
Allan R. Nottingham
Gloria McRory
Mike Bennett
Jerry Davis
David Garton
Albert Buzz Reynolds Sr.
Jim Stovall
Absent:
constituting all the members of the Town Council.
There were also present:
Town Clerk: Patricia J. Doyle
Town Attorney: John Dunn
EansonctnWI2040Mamend.Ord June 7, 1990 18:05
• i
Thereupon, the following proceedings, among others, were had and taken:
Mayor
Qc(rfi&r&~~ger Nottingham introduced in typewritten form an
ordinance, which ordinance was thereupon read by title, copies thereof having been distributed
to all members of the Council and to those members of the public in attendance, and which
ordinance is as follows:
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