TC Res. No. 1990-28f
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RESOLUTION NO. go-_28
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;' CONFIRMING THE
ASSESSMENT ROLL AS - MODIFIED, IF MODIFIED;
PROVIDING OTHER DETAILS IN CONNECTION
THEREWITH.
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 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 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"); and
WHEREAS, by Resolution No. 90-26, adopted on July 24, 1990, the Council
determined the cost of the Utility Line Project and directed the Engineer to prepare the
assessment roll; and
WHEREAS, on July 24, 1990 the engineer reported the assessment roll to the
Council; and .
WHEREAS, by Resolution No. 90-27, adopted on July 24, 1990, the Council
accepted the assessment roll and scheduled a hearing on the assessment roll for August 14,
1990; and
WHEREAS, upon due notice as required by the Avon Municipal Code, the
hearing on the assessment roll was duly held on August 14, 1990.
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NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. All actions (not inconsistent with the provisions of this resolution)
heretofore taken by the officers of the Town directed toward the Utility Line Project and the-
creation of the District is hereby ratified, approved and confirmed.
Section 2. The Council hereby confirms the assessment roll filed with the
Council on July 24, 1990 as modified, if modified.
Section 3. . 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 enjoin 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 o& or else be thereafter perpetually barred.
Section 4. 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 5. 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 6. . 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 7. 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
AUGUST 14, 1990.
Mayor
(SEAL)
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