TC Res. No. 1981-120
RESOLUTION NO.
A RESOLUTION CONCERNING THE "TOWN OF AVON,
COLORADO, TOWN CENTER MALL IMPROVEMENT
DISTRICT;" DESIGNATED BY THE SHORT TITLE "MALL
DISTRICT CONTRACT RESOLUTION;" DECLARING THE
NECESSITY OF THE MALL AND PARK IMPROVEMENTS;
AWARDING THE CONTRACT FOR THE CONSTRUCTION OF
THE MALL AND PARK IMPROVEMENTS IN SAID DISTRICT
TO THE RESPONSIBLE BIDDER SUBMITTING THE LOWEST
AND BEST BID UPON PROPER TERMS; AND PRESCRIBING
OTHER DETAILS AND PROVISIONS CONCERNING SAID
MALL AND PARK 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 has specifically retained Denton, Harper,
Marshall & Associates, consulting architects of Denver, Colorado, in
connection with the Town of Avon, Colorado, Town Center Mall
Improvement District; and
WHEREAS, the Town Council (herein "Council") of the Town
pursuant to Ordinance No.721-24 introduced August 11, 1981, created
the Town of Avon, Colorado, Town Center Mall Improvement District
(herein "District") and ordered the acquisition of mall and park
improvements within such District; and
WHEREAS, pursuant to said Ordinance No. gam, the Town
Clerk with the assistance of the consulting architects gave notice of
the time and place of acceptance of bids f or a negotiated contract
for the construction of the mall and park improvements in the
District; and
WHEREAS, such notice of the taking of such bids was mailed
to those firms listed on the qualified bid list prepared by the con-
sulting architects, the owners of not less than sixty percent (60%)
of the property to be assessed having requested, by a letter dated
August $U, 1981, and assenting to the award of 'the construction con- '
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tract without the published notice required by Ordinance No.BZI.;
and
WHEREAS, upon the receipt of such bids for a negotiated
contract the consulting architects recommended to the Council in
writing the name of the. successful bidder, to wit: of Colorado; and
WHEREAS, upon having received such written recommendation,
the Council now desires to award the construction contract by this
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resolution to the responsible bidder submitting the lowest and best
bid upon proper terms.
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 Contract 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, and
the giving of notice to qualified bidders for the contract for the
District, is hereby ratified, 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 District, and in said Town.
Section 4. The Council determines and hereby declares that
the bid for the construction of the mall and park improvements (both
Phase I and Phase II) in the Town Center Mall Improvement District
submitted by ►~1~ P ~t ~~.Pw,~ of , Colorado is the
lowest and best bid submitted by a responsible bidder upon proper
terms.
Section 5. The bid for the construction of the mall and
park improvements in the Town Center Mall Improvement District sub-
mitted by ofu e-•~ , Colorado be, and the
same hereby is accepted, said bid being awarded to the responsible
bidder.submitting the lowest and best bid upon proper terms.
Section 6. The Mayor and the Town Clerk, on behalf of the
Town of Avon, Colorado, be, and they hereby are authorized to execute
the appropriate contract documents on behalf of said Town reflecting
the award of a contract by the Town with of _LLj Colorado, as soon as such contractor shall have given the
undertaking (with sufficient surety, or sureties, approved by the
Council) in the amount fixed by the Council for the faithful perfor-
mance of the contract.
Section 7. The officers of the Town be, and they hereby
are, authorized and directed to take all action necessary or
appropriate to effectuate the provisions of this resolution.
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Section 8. 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 9. If any section, paragraph, clause, or other pro-
vision 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 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.
INTRODUCED, READ BY TITLE, PASSED, AND ADOPTED ON THIS
August 18, 1981.
r
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'oe
May o
Tow of Avon, Colorado
(SEAL)
At st
Town lerk
Town of Avo , Colo ado
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