TC Res. No. 1983-37•
RESOLUTION NO. # 83-37
A RESOLUTION CONCERNING THE LOCAL IMPROVEMENT DISTRICT
KNOW AND IDENTIFIED AS "TOWN OF AVON, COLORADO, TOWN CENTER
MALL IMPROVEMENT DISTRICT"; DESIGNATED BY THE SHORT TITLE
"TOWN CENTER MALL ASSESSMENT HEARING RESOLUTION"; FIXING A
TIME AND PLACE WHEN OBJECTIONS TO THE PROPOSED ASSESSMENT ROLL
FOR THE DISTRICT WILL BE HEARD; PRESCRIBING NOTICE THEREOF
AND OF OTHER DETAILS IN CONNECTION THEREWITH; RATIFYING THE
ACTION PREVIOUSLY TAKEN: AND PROVIDING FOR RELATED MATTERS.
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 Council of the Town of Avon, in the
County of Eagle and State of Colorado (the "Council," the "Town,"
the "County," and the "State," respectively), pursuant to the Town's
Charter and the Local Improvements Code created and established
within the corporate limits of the Town a local improvement district
known and designated as "Town of Avon, Colorado, Town Center Mall
Improvement District" (the "District"), for the purpose of making
certain local mall and park improvements and to assess the cost
thereof to the property benefited thereby, by the District Creation
Ordinance (the "Creation Ordinance"), finally approved on August 25,
1981; and
WHEREAS, Mr. Norman Wood, the Town Engineer (the "Town
Engineer"), has prepared a statement showing the total cost of the
improvements, and the Town Engineer has prepared an assessment roll,
and directed it to be certified to the Council by filing it in
the office of the Town Clerk; and
WHEREAS, the Council has determined and does hereby declare
that the total cost to the Town of all of the mall and park
improvements in said District (including all necessary incidentals
- 13 -
0 a
which either have been or will be incurred in connection with
said District) 8s $1,103,707 , of which $ 193,707 is
awailable from other sources and $ 910,000 is to be assessed
upon the benefited tracts and parcels of land in the District.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section.l. This resolution shall be known as and may be
cited by the short title "Town Center Mall Assessment Hearing
Resolution."
Section 2. The statement prepared by the Town Engineer
heretofore filed in the office of the Town Clerk, showing the total
cost of the mall and park improvements (both Phase I and Phase II,
including, without limiting the generality of the foregoing, the
cost of constructing, installing or otherwise acquiring such mall
and park improvements engineering, architectural, legal and
advertising costs, interest during construction and until assessments
are made by ordinance against the properties benefited, and other
incidental costs, hereby is accepted.
Section 3. The proposed assessment roll prepared by the
Town Engineer, heretofore filed in the office of the Town Clerk, and
heretofore directed by the Town Engineer to be certified to the Council
by filing the same in such office, which roll contains, among other
things, the names and addresses of the last known owners of each
tract to be assessed, or if not known that the name is "unknown,"
a description of each tract or parcel of land to be assessed and
the amount of the assessment thereon, has been examined by the
Council, and is hereby-tentatively approved.
Section 4. The Council on Tuesday, October 11, 1983, at
the hour of 7:30 p.m., in the Town Hall, Avon, Colorado, will hear
complaints, protests-and objections to the assessment roll and
the proposed assessments therein by the owners of such tracts to be
assessed, and all other interested person, and such time and place
therefor is hereby so fixed.
- 14 -
• •
Section 5. The Town Clerk shall give notice of such time
and place for such complaints, protests and objections and of a
hearing on the proposed assessment roll and the proposed assessments
therein by publication once not less than 8 days prior to the
hearing, in the Vail Trail, a newspaper published in Vail, Colorado
and of general circulation in the Town of Avon. The notice shall
also be given by mailing notice, postage prepaid, as first class
mail, at least 10 days prior to the hearing, to the last known
address of each last known owner within the District whose property
will be assessed for the cost of the improvements. The notice shall
be in substantially the following form:
- 15 -
• (Form of Notice) •
NOTICE
OF FILING OF ASSESSMENT ROLL,
OF OPPORTUNITY TO FILE WRITTEN COMPLAINTS, PROTESTS AND
OBJECTIONS
AND OF HEARING THEREON
CONCERNING THE TOWN OF AVON, COLORADO,
TOWN CENTER MALL IMPROVEMENT DISTRICT
PUBLIC NOTICE IS HEREBY GIVEN with regard to the mall and park
improvements in the Town of Avon, Colorado,-Town Center Improvement
District (the "District"), that Mr. Norman Wood, the Town Engineer
(the "Engineer"), has prepared a statement showing the cost total
of the mall and park improvements and the Town Engineer has
prepared an assessment roll, and that the roll was certified to
the Town Council by its filing in the office of the Town Clerk in
the Town Hall, Avon, Colorado, on September 27, 1983. Since such
time, the roll, the proposed assessments therein, and the statement
showing the total cost of the mall and park improvements, have
been and now are on file therein and are available for examination,
as are all other proceedings in the premises.
The Council will meet to hear and consider complaints, protests
and objections to the assessment roll and to the proposed assessments
by the owner of any tract, interested persons, or any parties
thereby aggrieved, on Tuesday, October 11, 1983,at the hour of
7:30 p.m., in the Town Hall.
Thw owner or owners of any property which is assessed in
such assessment roll, or other interested persons, whether or not
named in the roll, may, on or before Monday, October 10, 1983,
i.e., at least one (1) day prior to the assessment hearing, file
with the Town Clerk his, her or their specific objections in writing.
Any objection to the regularity, validity, and correctness of the
proceedings, of the assessment roll, of each assessment contained
therein, and of the amount thereof levied on each tract and parcel
of land, shall be deemed waived unless presented at the time and in
the manner herein provided.
- 16 -
• •
At the time and place so designated for hearing such
objections, the Council shall hear and determine all complaints,
protests and objections which have been so file by any party
interested, any verbal views expressed in respect to the proposed
assessments, in the regularity of the proceedings in making
such assessment, the correctness of such assessment, or in the
amount levied on any particular tract or parcel of land to be
assessed; and the Council shall have the power to adjourn such hearing
from time to time, and by resolution shall have power, in its
discretion, to revise, correct, confirm, or set aside any assessment,
and to order that the assessment be made de-novo.
The Town by ordinance (the "Assessment Ordinance") shall, by
reference to such assessment roll as to modified, if modified,
and as confirmed by such resolution, levy the assessments in the
roll; and such decision, resolution, and ordinance shall be a final
determination of the regularity, validity, and correctness of the
proceedings, of the assessment roll, of each assessment contained
therein, and of the amount thereof levied on each tract and parcel of
land; and such determination by the Council shall be conclusive upon
the owners of the property assessed.
The owners as of August 25, 1981 of the parcels to be
assessed have previously agreed to the maximum amount of assessments
on their respective parcels by the execution of Affidavits of
Waiver and Consent to Inclusion in the District now on file with
the Town Clerk. The Town Council has determined that assessments
shall be levied against all of the tracts abutting the mall and
park improvements, (excepting, however, tracts or parts thereof
owned by the Town) being the property specially benefited by the mall
and park improvements 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 proportion to the special benefits derived by each tract and in
an amount not greater than the benefit to such tract.
All assessments made in pursuance of the Assessment Ordinance
- 17 -
• •
shall be a lien in the several amounts assessed against each
tract or parcel of land assessed from the effective date of the
Assessment Ordinance, as more specifically provided in the Local
Improvements Code of the Town of Avon, Colorado.
All assessments made in pursuance of the Assessment
Ordinance shall be due and payable without demand within 30 days
after its publication upon its final passage; but all such
assessments may at the election of the owner be paid in installments
with interest. Failure to pay the whole assessment to the Town
Manager within the period of 30 days shall be conclusively considered
and held an election on the part of all person interested, whether
under disability or otherwise, to pay in such installments. All
persons so electing to pay in installments shall be conclusively
considered and held as consenting to the mall and park improvements,
and such election,shall be conclusively considred and held as a
waiver of any and all rights to question the power or jurisdiction of
the Town to construct the mall and park improvements, the quality
of the work, the regularity or sufficiency of the proceedings,
or the validity or correctness of the assessments. The owner of any
tract or parcel of land assessed may at any time pay the whole, or
any unpaid installment of the unpaid principal with the interest
accrued to the next installment payment date, together with penalties,
if any, but without the payment of any prepayment premium.
Failure to pay any installment, whether principal or interest,
when due, shall cause the whole amount of the unpaid principal to
become due and payable immediately, as more specifically provided
in the Local Improvements Code.
Pursuant to Section 15.5 of the Charter, no action or proceeding,
at law or in equity, to review 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 assessments
authorized by the Local-Improvements Code or for any other relief
against any acts or proceedings of the Town done or had under the
Local Improvements Code, shall be maintained against the Town, unless
- 18 -
•
commenced within thirty (30) days after the performance of the act
complained.of,or the effective date of the assessment ordinance or
else be thereafter perpetually barred.
In case of such election to pay in installments, the
assessment shall be payable in sixteen (16) substantially equal
semiannual installments of principal, and interest in all cases on
the unpaid principal shall be payable semiannually at a rate of
13.25 percent per annum, from the date of final publication of the
Assessment Ordinance until paid. Both the principal of and interest
on the assessments shall be paid at the office of the Town Manager
on April 1, 1984, and semiannually thereafter on the first days of
April and October in each year,,until paid in full.
Town erk
(SEAL)
(End of Form of Notice)
- 19 -
0
Section 6. All action heretofore taken by the Town and its
officers directed toward such advertisement for the hearing on the
assessements hereby is ratified, approved, and confirmed.
Section 7. The officers of the Town hereby are authorized
and directed to take all action necessary or appropriate to
effectuate the provisions of this resolution.
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
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 10. 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 ON THIS
SEPTEMBER 27, 1983.
Mayor, Town of A on, Colorado
(SEAL)
Attest
Town Clerk, Town of Avon, olorado
- 20 -
• i
Councilmember Kumpost then moved that the resolution
be passed and adopted as read. Councilmember Connell 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:
,Mayor: Does not vote
Council Members: Larry Kumpost
Greg Gage
Al Connell
A. J. Wells
Those Voting No:
Those Absent: Sheila Davis
Don Buick
The presiding officer thereupon declared that at least a
majority of all the members present of the Town Council having voted
in favor thereof, the motion was carried and the resolution duly
passed and adopted.
on motion duly adopted, it was ordered that the resolution
be number-No.#83-37, and after its authentication with the
signatures of the Mayor and Town Clerk be recorded according to
law in the record of Resolutions.
Thereupon, the Council considered other business and took
other action not concerning the proposed mall and park improvements
or the assessments to defray the cost thereof.
Thereafter,there being no further business to come before
the meeting, on motion duly made, seconded and unanimously carried,
the meeting was adjourned.
(SEAL)
"L -~7
Mayor, own o von, Colorado
A t:
Town Clerk{ ~2-
TcW of Avon, lorado
- 21 -
•
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
I, Patricia J. Doyle, Town Clerk of the Town of Avon
(herein sometimes designated as the "Town"), in the County of
Eagle and State of Colorado, do hereby certify:
1. The foregoing pages numbered from through uZ/
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
7,_ 1983, so far as said minutes relate to the
introduction and adoption of Resolution No A-83--'37, designated by
the short title "Town Center Mall Assessment Hearing Resolution,"
consisting of pages, -,43 through- a2/`
2. The resolution is a true, correct, complete, and compared
copy of the original as proposed, introduced, and passed at such
meeting (subject to the numbering and execution of the resolution
after its passage).
3. The members of the council were present at such meeting
and the members of the Council voted on the passage of the
resolution,.as set forth in the minutes, and the resolution was
recorded according to law.
4. I was in attendance at the meeting, and the foregoing
proceedings were in fact held as specified in minutes as originally
of record in my possession.
5. Each of the following instruments are included in the
proceedings';
(a) The Certificate of Completion, attached hereto as
Exhibit A, and consisting of pages through'L,
(b) The Assessment Roll, attached hereto as Exhibit B,
and consisting of unnumbered pages, and
(c) The Certified Statement of Cost, and Certificate of
Preparation of Assessment Roll and Filing with Town Council,
attached hereto as Exhibit C, and consisting of
pages through D
- 22 -
•
is a true, correct, complete, and compared copy of the original
presented to the Council and spread upon its minutes
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the Town of Avon on this'.41. e ' 983.
own C er , Tow of Avon, C orado
/11
(SEAL)
- 23 -
0
EXHIBIT A
(Form of Certificate)
STATE OF COLORADO )
)
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
r*VDrrvTV 0ArrFW
OF CC1MPLETION
IN THE MATTER OF THE CONSTRUCTION OF MAIL AND PARK
IMPROVEMENTS IN THE TOWN OF AVON, COLORADO,
TOWN CENTER MALL IMPROVEME U DISTRICT
Honorable Mayor and Town Council
of the Town of Avon, Colorado:
Gentlemen :
Mr. Norman Wood, Town Engineer of the Town of Awn, in the County
of Eagle and State of Colorado, does hereby certify:
1. The improvements in the "Town of Avon, Colorado, Town Center
Mall Improvement District", (both Phase I and Phase II) have been fully and
satisfactorily constructed and otherwise acquired for the Town by the contractor,
Hensel Phelps Construction, Inc. (the "Contractor"), with its principal office
in Denver, Colorado and Clark and Younger Landscape Contractors with its
principal office in Grand Junction, Colorado.
2. The undersigned Town Engineer has measured the work and prepared
a final estimate of all work performed to the date of completion, of the total
amount previously paid the Contractor, and of the total amount remaining due
the Contractor, which final estimate, including thereon the written approval
of the Contractor, is in words and figures as follows:
11
- 24 -
0 0
(Attach Copy of Final Estimate
Including Contractor's Written
Approval Thereon)
- 25 -
0
0
3. Such final estimate, to the best of the undersigned's belief
and knowledge, is correct, accurate, and complete.
4. The undersigned recommend the formal acceptance of the certificate
of completion, the final estimate, and the mall and park improvements by the
Town Council by resolution.
IN WITNESS WBEPBOF, we have hereunto set our hands and seal of this
Certificate of Completion on this
Approved:
Norman Wood
Town Engineer
Town of Awn, Colorado
By:
(End of Form of Certificate)
- 26 -
44
• EXHIBIT "B" .
ASSESSMENT ROLL
TOWN-CENTER MALL IMPROVEMENT DISTRICT
Item No. Owner
1. Avon Center at Beaver Creek
A Colo. Limited Partnership
Centennial Ventures, Inc:
General Partner
Box 25
Avon, CO 81620
2. Peregrine Properties, Ltd.
0082 Beaver Crk Blvd
Box 475
Avon, CO 81620
3. HAL Construction, Inc.
2575 Davos Trail
Vail, CO 81657
4. :,Timberline Properties Corp.
and Marcos M. Suarez
286 E. Bridge St.
Vail, CO 81657
Amount of
Lot No. Addition Final Assessment
Lots A, Benchmark $456,820.00
B, & C @ Beaver Crk
Block #2 Subdivision
Lots 62,
Benchmark $266,630.00
63, & 64
@ Beaver Crk
Block #'2
Subdivision
Lot 61
Benchmark $147,420.00
Block #2
@ Beaver Crk
Subdivision
Lot 56
Benchmark $ 39,130.00
Block #2
@ Beaver Crk
Subdivision
TOTAL
Certified Assessment Role
Norman Wood, Town-Engineer
Town of Avon, Avon, CO 81620
September 27, 1983
$910,000.00
0
0
EXHIBIT B
(Attach Copy of Assessment Roll)
- 27 -
0
STATE OF COLORADO
COUNTY OF EAGLE
TOWN OF AWN
EXHIBIT C
(Form of Certificate)
SS.
CERTIFIED STATEMENT
'OF COST AND
CERTIFICATE OF
PREPARATION OF
ASSESSMENT ROLL AND
FILING WITH TOWN COUNCIL
IN THE MATTER OF TITS CONSTRUCTION OF MALL AND PARK
IMPROVEMENTS IN THE TOWN OF AVON, COLORADO,
'T'OWN CENTER MALL IMPPDVEMT DISTRICT
Honorable Mayor and Town Council
of the Town of Avon, Colorado:
Gentlemen:
Mr. Noxman Wood, Town Engineer of the Town of Avon (the "Town"), in the
County of Eagle and State of Colorado, does hereby certify:
1. The mall and park improvements in the "Town of Awn, Colorado, Town
Center Mall Improvement District" (the "District"), have been completed by the
contractor and have been accepted by the Town Council (the "Council").
2. For the District, the undersigned has prepared a statement as
provided herein showing the total cost of the mall and park improvement,
including, without limiting the generality of the foregoing, the cost of
constructing, installing or otherwise acquiring such mall and park improvements,
engineering, architectural, legal and advertising costs, interest during
construction and until assessments are made by ordinance against the properties
benefited, and other incidental costs.
3. The Hensel Phelps Construction, Inc. (the "Contractor"), of Denver,
Colorado, has completed the construction of the improvements in the District
and all items incidental thereto in the Town, in accordance with the terms
and stipulations given in:the plans and specifications and the contract by
and between the Contractor (Clarke and Younger) and the Town, which contract
is dated
4. The cost of the eonst3rmction of the improvements in and for the
District, including all incidental costs due the Contractor, is $664,930.
5. The total cost of the improvements is:
- 28 -
0 0
(a) The Cost of constructing the mall
and park improvements (stated in
paragraph 4 above):
(b) Engineering and architectural
design and clerical service and
supplies:
(c) Cost of engineering inspection
and supervision:
(d) Cost of advertising and printing:
$ 664,930
$ 64,280
$ 11,500
$ 200
(e) Cost of interest on bonds until
interest on assessments is available
to defray such: $ 272,830
(f) Cost of fiscal services
(bond discount):
(g) Cost of legal services:
(h) Other incidental costs:
Total Cost:
$ 45,500
$ 28,400
$ 16,067
c 1,103,707
6. The total cost of the improvements in the District is to be funded
as follows:
(a) To be paid by special assessments:
(b) To be paid from other sources:
Total Payment:
7. We recammend:
$ 910,000
$ 193,707
$ 1,103,707
(a) The payment by the Town to the Contractor of the unpaid
balance, i.e., $101,600, of the stun stated above in paragraph 4.
(b) The payment by the Town of the remaining unpaid costs of
the District.
(c) The levy by the Town of special assessments in the total
aggregate amount stated above in paragraph 6(a) to defray in part the total
cost of the Town Center Mall Improvement District.
- 29 -
• •
(d) The payment by the Town of the balance of the improvement costs
from other revenue sources of the Town in the amount stated above in paragraph 6(b).
8. We further certify:
(a) The statement of cost, to the best of our belief and knowledge,
is correct, accurate, and complete.
(b) The undersigned Town Engineer has prepared an assessment roll
which contains, among other things: (a) the names and addresses of the last known
owners of the property to be assessed, or if not known that the name is unknown,
(b) a description of each tract or parcel of land to be assessed, and (c) the
amount of the assessment thereon.
(c) On this , he hereby directs the proposed roll to
be certified to the Town Council by filing the same in the office of the Town Clerk.
(d) In his opinion such proposed assessments have been apportioned
and shall be levied against the property in the District, the property specially
benefited by the improvements therein, and such assessments are to be apportioned as
provided in Section 9, of the Town Center Mall District Creation Ordinance.
In WITNESS WfE;MF, we have hereunto set our hands and seals on this
Respectfully submitted,
DENTON, HARPER, MARSHALL, CLARKS AND
YOUNGER
By:
Dean Harper
Approved:
Norman Wood
Town Engineer
Town of Avon, Colorado
(End of Form of Certificate)
- 30 -
(Attach Affidavit of Publication of
Notice of Final Settlement)
31 -
•
(Attach Affidavit of Publication of Notice to Property Owners of Filing
of Assessment Roll)
- 32 -
0
TOWN OF AVON, COLORADO
9
TOWN CENTER MALL IMPROVEMENT DISTRICT
STATE OF COLORADO
COUNTY OF EAGLE
PROOF OF SERVICE OF
SS.
ASSESSMENT ROLL
TOWN OF AVON
PROTEST NOTICE
Patricia J. Doyle, being by me first duly sworn, upon oath deposes
and says:
1. She is the Town Clerk of the Town of Avon (the "Town"), in the
County of Eagle and State of Colorado; on and prior to ,
i.e., at least 10 days prior to the hearing designated in the annexed copy of
notice, identified as Exhibit "D", she mailed a copy of the notice to each of the
last known property owners of the Town of Avon, Colorado, Town Center Mall
Improvement District, at his, her or their last known address or addresses, the
names and addresses of such property owners having been obtained from the real
property assessment rolls for general (ad valorem) taxes of the County of
Eagle in the office of the County Assessor, from records of the Town, from the
Town Engineer, from direct inquiries, and from other sources deemed reliable by
the Town Clerk.
2. The notice was enclosed in a duly stamped and addressed envelope,
full postage prepaid, and deposited in the United States mail as first-class
mail in the Town of Avon, Colorado. A list of the owners and their addresses
is hereto annexed, marked Exhibit "E" and made a part hereof. All addresses
are Avon, Colorado, unless otherwise indicated.
3. The notice was given by publication in the Vail Trail, a newspaper
of general circulation in the Town, at least once, by 1 weekly insertion, the
publication being not less than 8 days prior to the date of the protest hearing.
A copy of such service by publication, verified by the affidavit of
the publisher, and a copy of this affidavit, are on file in her office as Town
Clerk of the Town.
Further affiant saith not.
Town Clerk, Town of Avon, Colorado
Subscribed and sworn to before me on this
My Commission expires
- 33 - (Notary Public)
NAMES AND ADDRESSES OF PROPERTY OWNERS OF THE AVON TOWN CENTER MALL
1. Avon Center at Beaver Creek
A Colo. Limited Partnership
P.O. Box 2105
Avon, CO 81620
2. Centenneal Ventures, Inc.
General Partner
P.O. Box 25
Avon, CO 81620
3. Peregrine Properties, Ltd.
P.O. Box 475
Avon, CO 81620
4. HAL Construction, Inc.
%Otto,Peterson, Post
P.O. Box 3149
Vail, CO 81658
5. Timberline Properties Corp.
and Marcos M. Suarez
286 E. Bridge Street
Vail, CO 81657
E
EXHIBIT "E"
0
(Attach List of Property Owners and Their Addresses to Whcan Notice Was Mailed)
- 35 -
r~
U
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
•
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 11th DAY OF
OCTOBER, 1983 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE
NO.#83-37, SERIES OF 1983:
A RESOLUTION RELATING TO THE ASSESSMENT FOR THE TOWN CENTER MALL
A copy of said Resolution-is attached hereto and is also on file-'at
the office of the Town Clerk and may be inspected during regular
business hours.
This notice given and passed by order of the Town Council of the
Town of Avon, Colorado.
Dated this 28th day of September, 1983
TOWN OF AVON, COLORADO
B ~J
Patricia J. D e, Town C erk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 28, 1983:
THE MAIN ENTRANCE OF THE POST OFFICE,
THE MAIN ENTRANCE TO CITY MARKET,
THE PESTER GAS STATION; AND
THE MAIN LOBBY IN THE MUNICIPAL BUILDING
0 0
EXHIBIT "D"
(Attach Copy of Notice in Form Mailed)
- 34 -
C
0
(Form of Proof of Filing Assessment Roll)
STATE OF COLORADO )
COUNTY OF EAGLE )
TOWN OF AVON )
SS.
PROOF OF FILING
ASSESSMENT ROLE,
Patricia J. Doyle, Being first duly sworn, upon oath deposes and says:
1. She is the duly qualified and acting Town Clerk of Avon (the "Town"),
in the County of Eagle and State of Colorado.
2. The Town Engineer, directed the assessment roll prepared by him
for the Town of Avon, Colorado, Town Center Mall Improvement District (the
"District"), to be certified to the Town Council by filing the same in affiant's
office on
3. The assessment roll has remained on file in her office and has
been at all times open to public inspection before and after the hearing thereon.
4. A true, perfect, complete, and compared copy of the roll is
attached as a part of Exhibit B pertaining to his true copy certificate relating
to the extract proceedings of the meeting of the Town Council held on
Town Clerk
Subscribed in my presence and sworn to before me on this
my commission expires
Notary Public
- 36 -
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
The Town Council of the Town of Avon, in the County of
Eagle and State of Colorado, met in open, regular session, in full
conformity with law and the ordinances and rules of the Town in
the Council Chambers at the Town Hall, in the Town, being the
regular meeting place of the Council, on Tuesday, September 27, 1983,
at the hour of 7:30 p.m., at which meeting there were present and
answering the roll call the following, constituting a quorum:
Present:
Mayor: Mayor Allan Nottingham
Councilmembers: Larry Kumpost
Greg Gage
A. J. Wells
Al Connell
Absent: Don Buick
Sheila Davis
constituting all the members of the Council.
There were also present:
Town Manager: Richard D. Blodgett
Town Clerk: Patricia J. Doyle
Town Attorney: John Dunn
Town Engineer: Norman Wood
Counsulting Architect:
Thereupon, the following proceedings, among others, were
had and taken:
The Town Engineer, caused to be filed with the Town Clerk:
A. An Assessment Roll (attached hereto as Exhibit B)
which contains at least:
1. The names and addresses of the last known owners of
each tract to be assessed, or if not known, that the
name is "unknown:"
2. A description of each tract or parcel of land to be
assessed.
- 11 -
i •
3. The amount of the assessment thereon.
and
B. A Certified Statement of Cost, and Certificate of
Preparation of Assessment Roll and Filing with Town Council
(attached hereto as Exhibit C).
After the Council reviewed and had a full discussion of the
above-described filings of the Town Engineer, the following
proceedings, among others, were had and taken:
Thereupon, Councilmember, Kumpost 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:
- 12 -