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TC Res. No. 1982-36• a R E S O L U T I O N NO.# 82-36 WHEREAS, RICHARD D. BLODGETT, has heretofore been appointed Town Manager of the Town of Avon; and WHEREAS, the performance of the said Richard D. Blodgett has heretofore been reviewed in connection with his employment agreement; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The salary of Richard D. Blodgett as Town Manager is hereby set at $36,400.00 per annum, effective October 1, 1982. 2. It is further hereby determined that the Town shall provide housing for the Town Manager to the extent of $6,600.00 per annum, effective October 1, 1982, provided the Town Manager shall reside within the town limits of the Town of Avon at a location as close to the Town's Municipal Complex as the Town Manager is able to find acceptable accommodations. 3. This Resolution shall supercede Resolution #82-27 adopted October 26, 1982. DATED this 10th day of November, 1982. 0-0 Allan R. tting am, ayor VEST: Patricia J./ oyle Town Clerk V LAW OFFICES BALLARD, SPAHR, ANDREWS & INGERSOLL SUITE 1720 LINCOLN CENTER 30 SOUTH 17r. STREET 1660 LINCOLN STREET PHILADELPHIA, PA 19103 215 564-1800 DENVER, COLORADO 80264 TELEX: 83-4532 303 830-1830 SUITE 1100 TELEX: 4S-0542 ISSO K STREET, N. W. WASHINGTON, D. C.20006 202 466-5800 HAMBURGER ALLEE 2-10 6000 FRANKFURT/MAIN 90 FEDERAL REPUBLIC OF GERMANY (0611) 77 50 83 February 2, 1982 TELEX: 4189617 Ms. Linda A. Clark Mr. A. J. Wells George Rosenberg, Esq. John W. Dunn, Esq. Re: Town.of Avon, Colorado Street Improvement District No. 1 Ladies and Gentlemen: Enclosed herewith for each of you is.a copy of a Certified Record of Proceedings relating to the-initial Resolution for the formation of the above referenced Street Improvement District. The Proceedings and the Resolution are in such a form that they may be adopted if the Town Council so desires at its regular meeting on Tuesday, February 9, 1982. Other than conforming the-minutes of the meeting to the facts, the only information required to be supplied is the recording information for the Wildwood'Subdivision plat on page 6. Following adoption of the Resolution by the-Town Council, I would appreciate receiving from the Town Clerk four (4) completed,signed, sealed and certified copies of the Proceed- ings. Very truly yours, Loring E. Harkness III LEH/emb cc: Ms. Patricia J. Doyle encl. f CERTIFIED RECORD OF PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO RELATING TO A RESOLUTION CONCERNING r TOWN OF AVON, COLORADO, STREET IMPROVEMENT DISTRICT NO. 1 r STATE OF COLORADO ) COUNTY OF EAGLE ) ss. ) TOWN OF AVON ) The Town Council of the Town of Avon, Colorado, met in regular session in accordance with its rules at the Town Hall, Avon, Colorado, the regular meeting place thereof, on Tuesday, the 9th day of February, 1982, at the hour of 7:30 p.m. The following members of the Town Council, constituting a quorum thereof, were present: Mayor: Mayor Pro Tem: Council Members: A. V. Alpi S. G. Erickson L. Kumpost S. R. Davis A. J. Wells A. R. Nottingham The following members of the Town Council were absent: The following persons were also present: Town Attorney: John W. Dunn Town Clerk: Patricia J. Doyle Thereupon the following proceedings, among others, were had and taken: -1- Council Member introduced and moved the adoption of the following Resolution, which was then read by title, sufficient copies thereof having previously been made available to the Town Council and to the public: -2- RESOLUTION NO. 82- A RESOLUTION CONCERNING A PROPOSED LOCAL IMPROVEMENT DISTRICT TO BE KNOWN AND IDENTIFIED AS "TOWN OF AVON, COLORADO, STREET IMPROVEMENT DISTRICT NO. 1"; DESIGNATED BY THE SHORT TITLE "STREET IMPROVEMENT DISTRICT NO. 1 INITIAL RESOLUTION"; DECLARING THE NECESSITY OF THE STREET IMPROVEMENTS; DETERMINING THE DESIGNATION OF THE DISTRICT; STATING THE NATURE AND LOCATION OF THE STREET IMPROVEMENTS TO BE MADE; PRESCRIBING THE DISTRICT TO BE ASSESSED; DIRECTING KKBNA, CONSULTING ENGINEERS, TO PREPARE AND PRESENT TO THE COUNCIL PRELIMINARY PLANS AND SPECIFICATIONS'FOR SUCH STREET IMPROVEMENTS, A PRELIMINARY ESTIMATE OF COST, AN ASSESSMENT PLAT SHOWING THE SPECIALLY BENEFITED AREA TO BE ASSESSED AND A PRELIMINARY ASSESSMENT ROLL; PRESCRIBING OTHER DETAILS AND PROVISIONS CONCERNING SUCH IMPROVEMENTS AND DISTRICT. WHEREAS, the Town of Avon, Colorado (the "Town"), 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, pursuant to the Charter and the laws of the State, the Council of the Town (the "Council") did adopt Ordinance No. 81-24 (the "Enabling Ordinance"), read, passed and approved the 28th day of July, 1981, relating to local improvements and the financing thereof; and- WHEREAS, the Council is of the opinion that the interest of the Town requires the herein described street project, including all improvements incidental thereto, and that -3- 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 authorized KKBNA, Consulting Engineers (the "Engineers"), of Denver, Colorado, to perform duties prescribed in connection with the district hereinafter proposed, subject to the approval of the Town Engineer; and WHEREAS, for the purpose of designation and identification, it is desirable that the-hereinafter described local improvement district be known and identified as "Town of Avon, Colorado, Street Improvement District No. 1" (the "District"). NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: Section 1. This Resolution shall be known as and may be cited by the short title "Street Improvement District No. 1 Initial Resolution." Section 2. It is hereby declared that the street project hereinafter described,and the improvements incidental thereto will serve a public use, and will promote the health, safety and general welfare of the citizens, inhabitants, and property 11 owners in the 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, Street Improvement District No 1:" -4- Section 4. The location and nature of the street improvements to be made (without mentioning minor details or incidentals) are as follows: LOCATION The street improvements shall be constructed and installed on Buck Creek Road and Wildwood Road between Nottingham Road and the south boundary of Wildwood Subdivision and West Wildwood Road between Wildwood Road and the south boundary of Wildwood Subdivision. NATURE The street improvements shall consist of excavation, subgrade preparation, retaining walls, aggregate base course, hot bituminous pavement, guardrails, bridges, and drainage culverts and other improvements. Section 5. The extent of the District to be assessed for the above-described street improvements is described as follows: Lots 1 through Lots 1 through Lots 1 through Lots 1 through Lots 1 through Lots 1 through Lots 1 through Lots 1 through Lots 1 through Lots 1 through 7 30 42 16 34 14 52 47 13 11 in in in in in in in in in in Block 2; Block 3; Block 4; Block 5; Block 6; Block 7; Block 8; Block 9; Block 10; Block 11; and Tracts A and 0 of Replat No. 1 of the Final Subdivision Plat, Wildridge, Town of Avon, Eagle County, Colorado, according to the plat thereof as approved by the Town of Avon and to be recorded in -5- AAbb the office of the Eagle County Clerk and Recorder. The entire cost of the street improvements will be of special benefit to the above-described property, and each of the foregoing lots and tracts shall bear a share of said cost based upon the number of dwelling units to be constructed thereon in accordance with the above-mentioned plat. The number of dwelling units to be constructed on each of said lots or tracts and the respective shares of said cost to be borne thereby is as follows: Lot or Tract Block "2 Lots 1-2 3-4 5-7 Block 3 Lots 1-18 19 20 21-23 24 25-30 Block 4 Lots 1 2-17 18-19 20-29 30 31-38 39 40-42 Block 5 Lots 1 2 3 4-9 10 Units Per Lot or Tract 2 3 2 2 6 3 2 4 2 6 2 1 2 2 2 2 2 6 2 4 2 2 Shares Per Lot or Tract -6- 2/586 3/586 2/586 2/586 6/586 3/586 2/586 4/586 2/586 6/586 2/586 1/586 _ 2/586 2/586 2/586 2/586 2/586 6/586 2/586 4/586 2/586 2/586 11 3 3/586 12 2 2/586 13-16 2 2/586 Block 6 Lots 1-14 2 2/586 15 2 2/586 16-19 2 2/586 20 6 6/586 - 21-34 2 2/586 Block 7 Lots 1-3 2 2/586 4-5 2 2/586 6-9 2 2/586 10 6 6/586 11-14 2 2/586 Block 8 Lots 1-2 2 2/586 3-28 2 2/586 29-30 2 2/586 31 2 2/586 32 6 6/586 33 2 2/586 34 4 4/586 35-52 2 2/586 Block 9 Lots 1-8 2 2/586 9 6 6/586 10-21 2 2/586 22-26 2 2/586 27 2 2/586 28 6 6/586 29-35 2 2/586 36 6 6/586 37 2 2/586 38-44 2 2/586 45 2 2/586 46 6 6/586 47 2 2/586 Block 10 Lots 1 4 4/586 2-13 2 2/586 Block 11 Lots 1-11 Tract A Tract O No portion of the cost-will be derived other than by the levy Section 6. The Engineers and present to the Council: 2 2/586 2 2/586 2 2/586 paid by the Town or from moneys of assessments. are hereby directed to prepare -7- (a) Preliminary plans and specifications for such improvements showing the character and location thereof; (b) A preliminary estimate of the probable total cost of such street 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, printing, 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 showing the specially benefited area to be assessed; and (d) A preliminary assessment roll showing the amount estimated to be assessed against each tract in the District. Section 7. The officers of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. Section 8. If for any reason special assessment bonds of the Town are not issued to finance the street improvements herein described and the Town incurs costs or expenses pursuant to this Resolution or in connection with said street improvements, the developer of the specially benefited area, Wildwood Investment Company, or its successor in title, -8- rlv, i" ~I;C .i f'7-i-, i•--";iti; a' - n~~~rd• 0 ,c'.._~_~.aL ^L__f Section 36, Inc., will reimburse the Town for all such reasonable costs or expenses. Section 9. All resolutions or parts thereof in conflict with this Resolution are hereby repealed. Section 10. If any section, paragraph, clause, or other provision 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 11. This Resolution, immediately on its final passage,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 this 9th day of February, 1982. TOWN OF AVON, COLORADO Mayor (TOWN) (SEAL) Attest: Town Clerk -9- Council Member seconded the motion, and the question being upon the passage and adoption of said Resolution, the roll was called with the following result: Council Members voting "Yes": S. G. Erickson L. Kumpost S. R. Davis Council Members voting "No": Council Members abstaining: A. J. Wells A. R. Nottingham A majority of the Council Members present having voted in favor of the adoption of the Resolution, the Mayor thereupon declared the Resolution duly passed and adopted. It was then ordered that the Resolution be executed and authenticated with the signatures of the.Mayor and the Town Clerk and recorded according to law in the record of resolutions. Thereupon after consideration of other business to come before the Council, the meeting was adjourned. (TOWN) (SEAL) Mayor Town of Avon, Colorado ATTEST: Town Clerk Town of Avon, Colorado -10- STATE OF COLORADO ) COUNTY OF EAGLE ) ss. } TOWN OF AVON ) I, Patricia J. Doyle, the Town Clerk of the Town of Avon, Colorado, do hereby certify that the attached copy of Resolution No. 82- , concerning the Town of Avon, Colorado, Street Improvement District No. 1 is a true and correct copy; that said Resolution was passed and adopted by the Town Council at a regular meeting thereof held at the Town Hall,'the regular meeting place of the Town Council in the Town, on Tuesday, the 9th day of February, 1982; and that true copies of.said Resolution have been duly executed and authenticated by the signatures of the Mayor of the Town and myself,'as Town Clerk of the Town, sealed with the seal of the Town, and recorded in the record of resolutions of the Town kept for that purpose in my office. I further certify that the foregoing pages 1 through 10 constitute a true and correct copy of the record of the proceedings of the Town Council at its meeting of February 9, 1982, insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken; that the meeting was duly held; and that the persons were present at said meeting as therein shown. -11- IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Avon, Colorado, this day of , 1982. (TOWN) Town Clerk (SEAL) Town of Avon, Colorado -12- i ~ PROCEEDINGS OF THE DESIGN REVIEW BOARD OF THE TOWN OF AVON RESOLUTION WHEREAS, the Design Review Board of the Town of Avon has reviewed a draft Ordinance amending the Zoning Code of the Town of Avon, and entitled, An Ordinance Amending Chapter 17.20 of the Municipal Code of the Town of Avon As It Pertains To Allowed Densities, and WHEREAS, the Design Review Board of the Town of Avon heard public comment on the said draft Ordinance at its regularly scheduled public hearing on'the.18th day of March, 1982, and has considered-such testimony, and WHEREAS, the Design Review Board of the Town of Avon has determined that the proposed Ordinance is necessary, and in the best interests of the Town of Avon, and further is consistent with past and present interpretations of the Zoning Code of the Town of Avon, NOW, THEREFORE, BE IT RESOLVED, by the Design Review Board of the Town of Avon, that the Board recommend that the Town Council adopt An Ordinance Amending Chapter 17.20 of the Municipal Code of the Town of Avon As it Pertains to Allowed Densities.