TC Res. No. 1981-10RESOLUTION NO.
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 PROVISIONAL ORDER
RESOLUTION"; DECLARING THE NECESSITY OF THE MALL
AND PARK IMPROVEMENTS; DETERMINING THE DESIGNA-
TION OF THE DISTRICT; STATING THE NATURE AND
LOCATION OF THE MALL AND PARK IMPROVEMENTS TO BE
MADE; PRESCRIBING THE DISTRICT TO BE ASSESSED;
APPROVING AND ADOPTING THEREFOR THE PRELIMINARY
PLANS AND SPECIFICATIONS, THE PRELIMINARY ESTI-
MATE OF THE TOTAL COST, THE ASSESSMENT PLAT AND
MAP, AND PRELIMINARY ASSESSMENT ROLL, OF THE
DISTRICT; PRESCRIBING A NUMBER OF DETAILS CON-
CERNING THE DISTRICT, THE MALL AND PARK IMPROVE-
MENTS THEREIN, AND THE ASSESSMENTS TO BE LEVIED
THEREFOR; PROVISIONALLY ORDERING THAT SUCH
IMPROVEMENTS BE MADE; FIXING THE TIME AND PLACE
FOR THE HEARING ON THE IMPROVEMENTS; AND PRE-
SCRIBING NOTICE OF THE HEARING, THE DISTRICT,
THE MALL AND PARK IMPROVEMENTS AND THE
ASSESSMENTS.
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~_-Z4(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, pursuant to a resolution designated by the short
title "Mall District Initial Resolution," Denton, Harper, Marshall
and Associates, Inc. (herein the "Engineer"), of Denver, Colorado,
has prepared and filed with the Town Clerk (herein the "Clerk") of
the Town of Avon, Colorado, on July 28, 1981, the preliminary plans
and specifications, preliminary estimate of total cost, assessment
plat, and map, and the preliminary assessment roll, and other instru-
ments relating to the District, all in connection with the proposed
Town of Avon, Colorado, Town Center Mall Improvement District (herein
the "District"), as ordered by such resolution; and
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WHEREAS, the Town Council of the Town has examined such
preliminary plans, estimate of costs, assessment plat, and map, and
preliminary assessment roll, and other instruments, and has found,
and does hereby declare, the same to be satisfactory in all respects;
and
WHEREAS, the Council has determined, and does hereby also
declare, that the notice for a hearing which is provided herein is
reasonably calculated to inform each interested person of the pro-
ceedings concerning the District which may directly and adversely
affect his or her legally protected rights and interests.
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 Provisional Order
Resolution."
Section 2. All action (not inconsistent with the provisions
of this resolution) heretofore taken by the officers of the Town
directed toward making certain local mall and park improvements,
herein described, and the creation of the District, is hereby rati-
fied, approved, and confirmed.
Section 3. It is hereby redeclared that the mall and park
improvements herein described will serve a public use and will pro-
mote the health, safety, and general welfare of the citizens, inhab-
itants and property owners in said proposed District to be formed
therefor, and in said Town.
Section 4. The preliminary plans and specifications, the
estimate of the total cost, the assessment plat, and map, and the
preliminary assessment roll, of the District, as prepared by the
Engineer heretofore filed with the Clerk and presented to the Council
on this July 28, 1981, are hereby accepted, approved, and adopted.
Section 5. Th'e extent of the District to be assessed, the
kind of mall and park improvements proposed, the number of install-
ments and the time in which the cost of the improvements will be pay-
able, the total estimated cost, the estimated proportion of the total
estimated cost of the improvements to be assessed against the prop-
erty specially benefited thereby and the estimated proportion to be
paid by Town funds other than special assessments, and the method of
levying assessments, shall be as provided in the form of notice
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hereinafter prescribed and in said preliminary plans and
specifications, said estimate.of total cost, said assessment plat and
map, and in the assessment roll.
Section 6. Said mall and park improvements (the "Project")
are hereby provisionally ordered to be made when the same have been
authorized by ordinance.
Section 7. Tuesday, August 11, 1981, at the hour of
p.m., at the Council Chambers in the Avon Town Hall, Avon,
Colorado, is hereby fixed as the time and place for a hearing (to be
held at least 10 days after the adoption of this resolution) at which
the owners of the tracts to be assessed or any other person inter-
ested herein may appear before the Council and be heard as to the
propriety and advisability of acquiring the mall and park improve-
ments, i.e., the Project.
Section 8. Af ter the adoption of this resolution, the Clerk
shall by published advertisement once not less than 8 days prior to
the hearing, in the Vail Trail, a newspaper of general circulation in
the Town of Avon and by mailing notice, postage prepaid, as first-
class mail, at least 10 days prior to such hearing, to the last known
address of each last known owner or owners of each tract within the
proposed District whose property will be-assessed for the cost of the
mall and park improvements proposed, such addresses and names of
owners being obtained from the real property assessment rolls for
general (as valorem) taxes of the county wherein such property is
located, or from such other source or sources as the Engineer or
Clerk or Deputy giving such notice deems reliable, give notice to the
owners of tracts within the District and to all persons interested,
generally, and without naming such owners or persons of:
(a) The kinds of improvements (i.e., the
Project) proposed (without mentioning minor details or
incidentals);
(b) The total estimated cost and the part or
portion, if any, to be paid from sources other than assess-
ments;
(c) The basis for apportioning the assessments;
(d) The number of installments and time in
which the assessments will be payable;
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(e) The extent of the improvement District to
be assessed (by boundaries or other brief description) ;
(f) The time and place when and where the
Council will consider the ordering of the proposed project
and will hear all complaints, protests, and objections that
may be made in writing and filed with the Town Clerk at
least 1 day prior thereto or may be made verbally at said
hearing concerning the same, by the owner of any tract to
be assessed or any person interest; and
(g) The fact that the description of the tracts
to be assessed, the amount estimated to be assessed on each
such tract, and all proceedings in the premises are on file
and can be seen and examined at the office of the Clerk
during business hours, at any time, by any persons so
interested; and
(h) The notice shall be in substantially the
following form:
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(Form of Notice)
NOTICE OF A PROPOSAL TO CREATE A LOCAL IMPROVE-
MENT DISTRICT DESIGNATED "TOWN OF AVON,
COLORADO, TOWN CENTER MALL IMPROVEMENT
DISTRICT," TO CONSTRUCT CERTAIN MALL AND PARK
IMPROVEMENTS THEREIN, AND TO LEVY SPECIAL
ASSESSMENTS THEREFOR, AND OF A HEARING THEREON.
NOTICE IS HEREBY GIVEN to the owners of property within the
proposed Town of Avon, Colorado, Town Center Mall Improvement
District (herein the "Town," the "State," and the "District"), and to
all interested persons that:
The Town Council of the Town of Avon, pursuant to its
Charter, Ordinance No.*ffJ'and a resolution designated by the short
title "Mall District Provisional Order Resolution," has provisionally
ordered mall and park improvements (the "Project") to be constructed
or installed in the District. If after the Council has considered the
ordering of the proposed mall and park improvements and has heard all
complaints and objections thereto, the Council shall decide to pro-
ceed with the improvements and Project, the Council shall authorize
them by ordinance.
The Council has fixed Tuesday, August 11, 1981, at
p.m., at the Town Council Chambers at the Town Hall, Avon,
Colorado, as the time and place upon which a hearing shall be had, at
which the owners of the tracts to be assessed or any other person
interested therein may appear before the Council and be heard as to
the propriety and advisability of acquiring the mall and park
improvements the Project). Written complaints, protests, or
objections concerning the District or the proposed mall and park
improvements may be filed with the Town Clerk at least 1 day prior to
the hearing or may be made verbally at the hearing concerning the
same by the owner of any tract to be assessed or by any person
interested.
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 hereinaf-
ter described shall be made are as follows:
LOCATION
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
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the Northeast line of Benchmark Road and extend Northwesterly
approximately 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 12 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
2'0 1
2° 12" east a distance of 346.33 feet, thence south 650 58' 08"
east a distance of 520.00 feet, thence south 85° 31' 22" east a dis-
tance of 125.26 feet, thence south 20° 58' 08" east a distance of
85.00 feet, thence south 69° 01' 52" west a distance of 120.00 feet,
thence north 20° 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 650 58' 08" west a dis-
tance of 72.47 feet, thence north 20° 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 (increasing to 200 feet in width at the
Northwest end) and approximately 950 feet in
length, including subgrade preparation, suitable
fill as needed, installation and compaction of
six (6) inches of base course gravels, installa-
tion of storm sewers and drains, including the
installation of culverts as needed, the con-
struction 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
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decorative shade trees, and evergreen trees,
flowering 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.
The details are more particularly shown on the preliminary
plans and specifications-now on file in the office of the Town Clerk.
Reference is made to the preliminary plans and specifica-
tions for specific construction details.
The project will result in some-changes in existing street
elevations and grade.
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 A. B and Cr 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.
The total estimated cost of the mall and park improvements
in said District, including, without limiting the generality of the
foregoing, the cost of constructing, installing or otherwise acquir-
ing such improvements, engineering, architectural, legal and adver-
tising costs, interest during construction and until assessments are
made by ordinance against the properties benefited and other inciden-
tal costs, as shown by the total estimate of the Engineer, is
$1,250,000. The estimated proportion of the total cost to be assessed
against property specially benefited by the acquisition of the pro-
posed mall and park improvements is $1,000,000. The estimated propor-
tion of the cost of the mall and park improvements to be paid by
other than special assessments is $250,000. Any estimate of cost or
assessments shall neither constitute a limitation upon such cost or
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assessments, respectively, nor a limitation upon the rights and
powers of the Council or of any officers, agents, or employees of the
Town.
All assessments made in connection with said District shall
be due and payable without demand within thirty (30) days after final
publication of the assessment ordinance. All such assessments may, at
the election of the owner, be paid in installments with interest. In
case of such,el ction to pay in installments, the assessment shall be
payable in efth °`~substantially equal annual installments of prin-
cipal, with interest in all cases on the unpaid principal payable
.S'P~t r - annually at a rate to be hereafter determined by the Town Council.
The Town Council has determined that assessments shall be
levied against all of the tracts abutting the mall and park improve-
ments as described above, being the property specially benefited by
the Project to be made within the District, and such assessments
shall be apportioned on a frontage, i.e., a front foot basis. This
method of assessment will result in each tract being assessed in pro-
portion to the special benefits derived by each tract and in an
amount not greater than the estimated benefit to such tract. The Town
Council has determined that the method of assessment hereinabove des-
ignated is an equitable basis and that such assessments shall be in
proportion to the special benefits derived to such property, suffi-
cient to cover the portion of the total cost of the improvement to be
defrayed by special assessments.
At the above-stated time fixed for the hearing any and all
property owners interested in such Project may, by specific and writ-
ten complaints, protests, or objections present their views in
respect to the proposed Project to the Council or they may present
them orally and the Council may adjourn the hearing from time to
time. After such hearing, if the Council shall determine that it is
not for the public interest that the proposed Project, or a part
thereof, be made, the Council shall make an order by resolution to
that effect and thereupon the proceedings for the mall and park
improvements, or the part thereof determined against by such order,
shall stop and shall not be begun again until the adoption of a new
resolution.
If after such hearing the Council has determined to proceed
with said District, as modified, the Council by resolution shall
direct the Engineer to prepare and present to the Council:
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1. A revised and detailed estimate of the total
cost, which.revised estim€te shall not
constitute a limitation for any purpose.
2. Revised preliminary plans and specifications;
and
3. A revised assessment plat and map showing the
location of each improvement and the real prop-
erty to be assessed and a revised assessment
roll.
All proceedings may be modified or rescinded wholly or in
part by resolution adopted by the Council at any time prior to the
final passage of the ordinance authorizing the mall and park
improvements.
Any complaint, protest, or objection to the regularity,
validity and correctness of the proceedings and instruments taken,
adopted, or made prior to the date of the hearing shall be deemed
waived unless presented in writing on specific grounds at the time
and in the manner herein specified.
Pursuant to section 15.5 of the Charter, no action or pro-
ceeding, at law or in equity, to revi._ew any acts or proceedings, or
to question the validity of, or enjoin the performance of the issue
or collection of any bonds, or the levy or collection of any assess-
ments authorized by the Local Improvements Code, or for any other
relief against any act or proceedings of the Town done or had under
the Local Improvements Code, shall be maintained against the Town,
unless commenced within thirty (30) days after the performance of the
act or the effective date of the resolution or ordinance complained
of, or else be thereafter perpetually barred.
The preliminary. plans and specifications, the assessment
plat and map (including the preliminary assessment roll), the prelim-
inary estimate of the total cost, the description of the tracts to be
assessed, the amount of assessments estimated to be assessed on each
such tract, and all proceedings in the premises are on file and can
be seen and examined at said office of the Town Clerk during business
hours, at any time, by any person so interested.
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By order of the Town Council of the Town of Avon, Colorado.
Dated at Avon, Colorado this July 28, 1981.
(End of Form of Notice)
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Section 9. The failure to mail out such notice shall not
invalidate any proceedings hereunder and such notice by publication
shall be verified by the affidavit of the publisher and filed with
the Town Clerk. Proof of publication and proof of mailing shall be
maintaind in the records of the Town until the assessments pertaining
thereto shall have been paid in full, principal, interest, any penal-
ties, and collection costs.
Section 10. 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 11. All resolutions or parts thereof in conflict
with this resolution are hereby repealed. This repealer shall not be
construed to revive any order, bylaw, or resolution, or part thereof,
heretofore repealed.
Section 12. If any section, paragraph, clause, or other
provision of this resolution is for any reason held to be invalid or
unenforceable, the invalidity or unenforceability of such section,
paragraph, clause, or other provision shall not affect the validity
of the remaining provisions of this resolution.
Section 13. 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.
INTRODUCED, READ BY TITLE, PASSED, AND ADOPTED ON THIS
July 28, 1981.
Ma r
(SEAL)
Attest:
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. 41 • s
C•uncilmenLer A. J_ W l S then moved that the resolu-
tion be passed and adopted as read. Councilmember ~fl A LS
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: 1 z-
e
Those Absent:
The presiding officer 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 ~ and after its authentication with the signatures of
the Mayor and -;.own Clerk be recorded according to law in the record
of Resolutions.
Thereupon, the Town Council considered other business and
took other action not concerning the Town Center Mall Improvement
District.
There being no further business to come before the Town
Concil, on motion duly made, seconded and unanimously carried, the
meeting was adjourned.
C/
r~~x
or
Town of Al F Colorado
(SEAL)
Attest:
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
If Pat Doyle, Town Clerk of the Town of Avon (herein some-
times designated as the "Town"), in the County of Eagle, and State of
Colorado, do hereby certify:
1. A written or printed copy of each of the foregoing:
(a) Resolution No designated by the
short title "Mall District Initial Resolution," consisting
of pages 2 through 5, and
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(b) Resolution No. EL),O, designated by the
short title "Mall District Provisional Order Resolution,"
consisting of pages 9 through 19,
was furnished to each Councilmember on or before , 1981,
prior to the date of the introduction of each re utio at the regu-
lar meeting of the Town Council (herein the "Council") held on
Tuesday, July 28, 1981, notice of which meeting was duly given to
each Councilmember.
2. The foregoing pages number 1 through 21, excerpts from
the minutes of a meeting of the Council held on July 28, 1981, con-
stitute a true, correct, complete, and compared copy of the proceed-
ings of the Council so far as such minutes relate to the introduction
and adoption of both resolutions. Each of the resolutions is a true,
correct, complete, and compared copy of the original proposed, intro-
duced, and passed at such meeting (subject to the numbering, execu-
tion, and other completion of the resolution after its passage and
relating thereto).
3. The Mayor and members of the Town Council were
present at the meeting, the members of the Town Council voted on the
passage of each of the resolutions, as in such minutes set forth, and
the resolutions were recorded according to law in the record of
Resolutions of the Town.
IN
WITNESS WHEREOF, I have
here nto set my
hand and affixed
the seal of
the Town this-2-T-ILt" day
of ,
1981.
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"Ie 0
(SEAL)
E
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~ !
STATE OF COLORADO
U
COUNTY OF EAGLE ) SS, Affidavit of
Mailing of
TOWN OF AVON ) Notice
Pat Doyle, being first duly sworn, upon her oath
according to law, deposes and says:
1. She is and at all times hereinafter mentioned
was the duly chosen, qualified, and acting Clerk of the Town
of Avon, Colorado.
2. A copy of the Notice of A Proposal To Create A
Local Improvement District Designated "Town of Avon, Colorado,
Town Center Mall Improvement District," To Construct Certain
Improvements Therein, And To Levy Special Assessme s Therefor,
And Of A Hearing Thereon, was mailed on and before
a, 1981, a time at least 10 days prior to the datei ixed or
the hearing designated in such notice and to be held on August 11,
1981, to each last known owner or owners of each tract within
the proposed district whose property will be assessed for the
cost of the proposed improvements, such names of owners being
obtained from the real property assessment rolls for general
(ad valorem) taxes of the County of Eagle wherein such property
is located, or from such other source or sources as the Town
Engineer, the undersigned Town Clerk, and the Consulting Architects
for the district deems reliable, and being the names and addresses
shown on the preliminary assessment roll for the district and
such hearing, as first-class mail deposited in the mails of the
United States, postage prepaid.
3. Attached hereto as Exhibit A is a true, correct,
complete, and compared copy of such notice in the form so mailed
to such property owners.
Further affiant saith not.
(SEAL)
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
•
The foregoing-instrument was acknowledged before me
this cap Z~41 day of , 1981, by Pat Doyle, Clerk
of the Town of Avon, in the County of Eagle and State of Colorado.
WITNESS my hand and official seal.
(NOTARIAL SEAL)
Notary Public
My commission expires ~i~-9-~3
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EXHIBIT A
0
(Attach Copy of Notice in Form Mailed)
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