TC Res. No. 1981-09T 1
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RESOLUTION NO. J9- ?
A RESOLUTION CONCERNING A PROPOSED LOCAL
IMPROVEMENT DISTRICT TO BE KNOWN AND IDENTIFIED
AS "TOWN OF AVON, COLORADO, TOWN CENTER MALL
IMPROVEMENT DISTRICT"; DESIGNATED BY THE SHORT
TITLE "MALL DISTRICT INITIAL RESOLUTION";
DECLARING THE NECESSITY OF THE MALL AND PARR
IMPROVEMENTS; DETERMINING THE DESIGNATION OF THE
DISTRICT; STATING THE NATURE AND LOCATION OF THE
MALL AND PARK IMPROVEMENTS TO BE MADE; PRESCRIB-
ING THE DISTRICT TO BE ASSESSED; DIRECTING
DENTON, HARPER, MARSHALL AND ASSOCIATES, INC.,
TO PREPARE AND PRESENT TO THE COUNCIL PRELIMI-
NARY PLANS AND SPECIFICATIONS FOR SUCH MALL AND
PARK IMPROVEMENTS, A PRELIMINARY ESTIMATE OF
COST, AN ASSESSMENT PLAT AND A MAP OF THE DIS-
TRICT TO BE ASSESSED AND A PRELIMINARY ASSESS-
MENT ROLL; PRESCRIBING OTHER DETAILS AND PROVI-
SIONS CONCERNING SUCH IMPROVEMENTS AND DISTRICT.
WHEREAS, the Town of Avon (the "Town"), in the County of
Eagle, and State of Colorado, is a municipal corporation duly orga-
nized 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, pursuant to the Charter of the Town and to the
laws of the State, the Council of the Town (herein the "Council"),
did adopt Ordinance No: (the "enabling ordinance"), read, passed
and approved the 28th day of July, 1981, relating to local improve-
ments and the financing thereof (the "Local Improvements Code"); and
WHEREAS, the Council is of the opinion that the interest of
the Town requires the herein described mall and park project, includ-
ing all improvements incidental thereto, and that proceedings to
effectuate the project shall be begun by the adoption of a resolution
as provided in the enabling ordinance; and
WHEREAS, the Town has specially retained Denton, Harper,
Marshall and Associates, Inc. (the "Engineers"), of Denver, Colorado,
in connection with the district hereinafter proposed, who may perform
duties prescribed therefor to be performed by the Town Engineer; and
WHEREAS, for the purpose of designation and identification,
it is desirable that the hereinafter described local improvement dis-
trict be known and identified as "Town of Avon, Colorado, Town Center
Mall Improvement District" (the "District").
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NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. This resolution shall be known as and may be
cited by the short title "Mall District Initial Resolution."
Section 2. It is hereby declared that the mall and park
project hereafter described and the improvements incidental thereto,
pursuant to the enabling ordinance, will serve a public use, and will
promote the health, safety and general welfare of the citizens,
inhabitants, and property owners in the proposed District to be
formed therefor and in said Town.
Section 3. The Council has determined, and does hereby
determine, that the local improvement District herein described, as
such might hereafter be modified, shall be designated as the "Town of
Avon, Colorado, Town Center Mall Improvement District."
Section 4. The location and nature of the mall and park
improvements to be made (without mentioning minor details or
incidentals) and the area and parts thereof, in and along which the
improvements hereinafter described shall be made are as follows:
The mall and park improvements shall be constructed and
installed- on a portion of Tract G, Benchmark @ Beaver Creek
Subdivision, owned by the Town of Avon. The improvements commence at
the Northeast line of Benchmark Road and extend Northwesterly approx-
imately 950 feet. The Avon Town Center Mall is bounded on the North
by Lots A, B and C and Lot 56, Benchmark @ Beaver Creek Subdivision,
bounded on the South by Lots 61 through 64, Benchmark @ Beaver Creek
Subdivision, bounded by the West by the balance of Tract G and
bounded on the East by Benchmark Road.
The metes and bounds description of the tract of land upon
which the Town of Avon Town Center Mall is to be constructed and
installed is located in the northwest 1/4 of section 11 township 5
south range 82 west as shown on the official plat - Town of Avon,
Eagle County, Colorado and final subdivision plat amendment #4 bench-
mark at Beaver Creek, more particularly described as follows:
Beginning at the northwest corner of lot 64 as shown on said plat,
thence north 36° 56' 39" east a distance of 369.19 feet, thence south
2° 3t' 12" east a distance of 346.33 feet, thence south 65° 58' 08"
W
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east a distance of 520.00 feet, thence south 85° 31' 22" east a
distance of 125.26 feet, thence south 20° 58' 08" east a distance of
85.00 feet, thence south 690 01' 52" west a distance of 120.00 feet,
thence north 200 58' 08" west a distance of 75.00 feet, thence north
65° 58' 08" west a distance of 255.00 feet, thence south 69° 01' 52"
west a distance of 42.43 feet, thence north 65° 58' 08" west a dis-
tance of 72.47 feet, thence north 200 58' 08" west a distance of
42.43 feet, thence north 65° 58' 08" west a distance of 410.00 feet,
to the POINT OF BEGINNING containing 90,025.5 square feet or 2.0667
acres more or less.
The Town of Avon Town Center mall shall be constructed and
installed as follows:
The construction and installation of a pedes-
trian mall of varying widths from 50 feet to 80
feet in width (increasing to 200 feet in width
at the Northwest end) and approximately 950 feet
in length, including subgrade preparation, suit-
able f ill as needed, installation and compaction
of six (6) inches of base course gravels,
installation of storm sewers and drains, includ-
ing the installation of culverts as needed, the
construction and installation of decorative con-
crete and brick paving, the construction of
ponds and fountains, the installation of
benches, planting tubs, information kiosks, bol-
lards, trash recepticles, drinking fountains,
light standards and fixtures, informational
signs, and planted areas consisting of complete
landscape planting with an irrigation system,
including landscape walls, large and medium dec-
orative shade trees, and evergreen trees, flow-
ering and evergreen shrubbery, seeded grass
areas and ground cover. There will be con-
structed at the South end of the Town Center
Mall a transit center bus turn-around with a
passenger shelter. The decorative improvements
will be constructed in such a manner to facili-
tate pedestrian and emergency vehicle access
through the Town Center Mall.
Section S. The extent of the District to be assessed for
the above-described mall and park improvements is described as
follows:
The District shall include all lots and tracts (except
the remainder of Tract G, owned by the Town) which abut the
proposed improvements to the Town Center Mall as described
above, to wit:
1. Lots At B and C, Benchmark @ Beaver Creek Subdivision.
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2. Lots 62, 63 and 64, Benchmark @ Beaver Creek
Subdivision.
3. Lot 61, Benchmark @ Beaver Creek Subdivision.
4. Lot 56, Benchmark @ Beaver Creek Subdivision.
Section 6. The Engineers are hereby directed to prepare and
present to the Council:.
(a) Preliminary plans and specifications for such improve-
ments;
(b) A preliminary estimate of the probable total cost of
such mall and park improvements including, without limitation, the
cost of construction, installation, or otherwise acquiring such
improvements, engineering, architectural and clerical service and
supplies, cost of inspection, cost of collecting assessments, print-
ing, interest on bonds until interest on assessments is available to
defray such interest on bonds, fiscal services, legal services for
preparing proceedings and advising in regard thereto, advertising and
other incidental costs;
(c) An assessment plat and a map of the local improvement
district to be assessed; and
(d) A preliminary assessment roll.
Section 7. The officers of the Town be, and they hereby
are, authorized and directed to take all action necessary or appro-
priate to effectuate the provisions of this resolution.
Section 8. All resolutions or parts thereof in conflict
with this resolution are hereby repealed.
Section 9. If any section, paragraph, clause, or other pro-
vision of this resolution shall for any reason be held to be invalid
or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause, or other provision shall not affect any of the
remaining provisions of this resolution.
Section 10. This resolution, immediately on its final pas-
sage and adoption, shall be recorded in the book of resolutions kept
for that purpose and authenticated by the signatures of the Mayor and
Clerk.
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INTRODUCTED, READ BY TITLE, PASSED AND ADOPTED on this
July 28, 1981.
yor
(SEAL)
Attest:
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Councilmember 'R~-a then moved that the resolu-
tion be passed and adopted as read. Councilmember p►_. C J e l S
seconded the motion. The question being upon the passing and adopting
of the resolution, the roll was called with the following result:
Those Voting Yes:
Those Voting No: a~ C-
Those Absent: kV a 1 C---
The presiding off icer thereupon declared that at least
of all the members present of the Town Council
having voted in favor thereof, the motion was carried and the resolu-
tion duly passed and adopted.
On motion duly adopted, it was ordered that the resolution
be numbered Y/-q and after its authentication with the signatures of
the Mayor and Town Clerk be recorded according to law in the record
of Resolutions.
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Thereupon, a representative of Denton, Harper, Marshall and
Associates, Inc., of Denver, Colorado, caused the following to be
filed with the Town Clerk:
A. Preliminary plans and specifications for such mall and
park improvements;
B. A preliminary estimate of the probable total cost of
such mall and park improvements, including, without limitation, the
cost of constructing, installing, or otherwise acquiring such
improvements, engineering, architectural and clerical service and
supplies, cost of inspection, cost of collecting assessments, print-
ing, interest on bonds until interest on assessments is available to
defray such interest on bonds, fiscal services, legal services for
preparing proceedings and advising in regard thereto, advertising and
other incidental costs;
C. An assessment plat and map of the local improvement
district to be assessed;
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D. A preliminary assessment roll;
E. An Engineer's Certificate pertaining to the accuracy
of descriptions;
F. A Right-of-Way Certificate; and
G. A Consulting Architect's Report To the Town Council on
Benefits.
Thereupon, the members of the Town Council examined the
material so filed with the Town Clerk.
After some discussion and the examination of aid rateria s
by each Councilmember present, Councilmember moved
that in connection with said District (1) the preliminary plans and
specifications, (2) the estimate of probable total cost, (3) the
assessment plat and (4) the assessment roll of said District be
accepted and ordered spread in the records of the Town. Councilmember
1 o seconded the motion. The question being upon the
passing and adopting of said motion, the roll was called with the
following result:
Those Voting Yes:
Those Voting No:
Those absent: U' r -e_
The presiding officer thereupon declared that at least a
majority of all the Councilmembers present having voted in favor
thereof, the said motion was carried, the said motion duly passed and
adopted, and said instruments accepted and ordered spread in the
records of said Town.
Thereupon, Councilmember introduced in
typewritten form a resolution, which resolution was 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
resolution is as follows:
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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, July 28, 1981,
at the hour of 17 3 Z) o'clock p.m. Upon roll call, the
following were found to be present, consti ut'ng a quorum:
Mayor: In i
Mayor Pro Tem: S' a
Other Councilmembers: L.
C f7 . n I c
T Leo U `P
Absent:
constituting all the members of the Town Council.
There were also present:
Town Clerk:
Town Manager:
Town Attorney:
Thereupon, the following proceedings, among others, were
had and taken:
The Town Council considered the final a option of the Local
Improvements Code and thereupon Councilmember intro-
duced in typewritten form a resolution, which resolution was 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
resolution is as follows: