TC Res. No. 1990-26i i
RESOLUTION NO. 90-26
A RESOLUTION CONCERNING THE. LOCAL
IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS
THE 'TOWN OF AVON, COLORADO, LOCAL
IMPROVEMENT DISTRICT NO. ,1990-1," RATIFYING
ACTION HERETOFORE TAKEN; DECLARING THE
NECESSITY OF THE UTILITY LINE IMPROVEMENTS;
DETERMINING THE COST OF THE UTILITY LINE
IMPROVEMENTS; AND DIRECTING THE TOWN
ENGINEER TO TAKE CERTAIN FURTHER ACTION IN
CONNECTION WITH THE DISTRICT.
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's Charter (the "Charter") was duly adopted at a special
election held in the Town on June 13, 1978; and
WHEREAS, pursuant to Chapter XV the Charter of the Town and. Chapter
12.08.of the Avon Municipal Code (the "Code") as amended by Ordinance No. 90-4 adopted
June 1, 1990, the Town Council (the "Council") is authorized, to to create local improvement
districts to finance the cost of constructing local improvements; and
WHEREAS, by Resolution No. 90-17, adopted on June 12, 1990, ' the Council
prescribed the extent of the proposed Local Improvement District No. 1990-1 (the-"District")
to be assessed, the kind of, utility line improvements proposed, the number of installments
and the time in which the cost of the improvements will be payable, the probable cost, the
amount or proportion of the total cost to be paid by other than special -assessments, the.
methods of levying assessments, and the approximate amount or share of the portion of the
total estimate to be assessed against property specially benefited by the acquisition- of the
proposed utility line improvements in the District; and
WHEREAS, by the adoption of such resolution, the Council, pursuant to its
Charter and the Code, adopted the preliminary plans and specifications and -other documents
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prepared by Public Service Company of Colorado, Heritage Cablevision and the Town
Engineer, and .
WHEREAS, by such resolution the Council conditionally ordered that such
improvements be made when the same have been authorized by ordinance; and
WHEREAS, by Ordinance No. 90-6, adopted on July 10, 1990, the Council
created and established the District for the purpose of making certain local improvements
and to assess substantially all of the cost thereof against the property, benefited thereby (the
"Utility Line Project").
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
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Section 1. All actions (not inconsistent with the provisions of this resolution)
heretofore taken by the officers of the Town directed toward the Utility Lane Project and the
creatl~n of the District is hereby ratified, approved and confirmed.
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Section 2. It is hereby declared that the Utility Line Project will serve a
public! use and will promote the health, safety and general welfare of the citizens, inhabitants
and p~operty owners in the District and in the Town.
Section 3. The Council has determined and does hereby determine that the
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total cost of the Project can be, definitely ascertained and to proceed with the assessment of
the ptoperty within the District as heretofore described in all proceedings taken and filings
made in connection therewith on and after June 12, 1990.
Section 4. The utility line improvements heretofore proposed shall be
acquired without modification.
Section 5. The Council hereby determines the total cost of the Utility 'Line
Project to be as follows:
Assessment' Unit 1: $ 50,986.57
Assessment Unit I $ 246,970.92
Assessment Unit 3: $ 1,127,042.51
Section 6. 'The Council hereby determines that the total cost of the Utility
Line ~ roject to be assessed against the property within the District specially benefitted by the
improvements, is as follows:
Assessment Unit 1: $ 50,986.57
Assessment Unit 2: $ 173,845.98
Assessment Unit 3: $ 1,060,185.42
The remaining costs of the Utility Line Project will be paid by the Town from sources not
related to special assessments as follows:
Assessment Unit 1: $ 0
Assessment Unit 2: $ 73,124.94
Assessment Unit 3: $ 66,857.09
Section 7. The Town Engineer be, and hereby is directed to prepare and
report; to the Council the Assessment Roll which shall contain:
a. The name of each last known owner of each tract to be assessed.
b. A description of each tract to be assessed and the amount of the
proposed assessment thereon, apportioned upon the basis for assessment
set forth in Ordinance No. 90-6 adopted on July 10, 1990.
Section 8. Pursuant to Section 15.5 of the Town Charter, no action or
proceeding, at law or in equity, to review any acts or proceedings or to question the validity
or enjpin the performance of the issue or collection of bonds, or the levy or collection of
assessments or for any other relief against any acts or proceedings done or had pursuant to
the Town Charter relating to the District, shall be maintained 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.
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Section 9. 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.
Section 10. All orders, bylaws, resolutions, ordinances, or parts thereof, in
conflict with this Resolution are hereby repealed. This repealer shall not be construed to
revive any order, bylaw, resolution, or ordinance, or part thereof, heretofore repealed.
Section 11. If any section, paragraph, clause, or other provision of this
Resolution is for any reason held to be in 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 12. This Resolution, immediately upon 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 the Clerk.
INTRODUCED, READ BY TITLE, PASSED AND ADOPTED ON THIS
JULY 24, 1990.
Mayor
(SEAL)
Attest:
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