TC Res. No. 1992-08RESOLUTION NO. 92-8
A RESOLUTION CONCERNING A PROPOSED LOCAL
IMPROVEMENT DISTRICT TO BE ' KNOWN AND
IDENTIFIED AS 'TOWN OF AVON, COLORADO, LOCAL
IMPROVEMENT DISTRICT NO. 1992-1"; DETERMINING
THE. DESIGNATION OF THE DISTRICT; STATING THE
NATURE AND LOCATION OF THE PROJECT TO BE
MADE; PRESCRIBING THE DISTRICT TO BE ASSESSED;
APPROVING AND ADOPTING THEREFOR THE
PRELIMINARY PLANS, THE PRELIMINARY ESTIMATE OF
THE TOTAL COST, THE ASSESSMENT. PLAT AND MAP,
AND PRELIMINARY ASSESSMENT ROLL, OF THE
DISTRICT, PRESCRIBING A NUMBER OF DETAILS
CONCERNING THE - DISTRICT, THE PROJECT THEREIN,
AND THE ASSESSMENTS TO BE LEVIED THEREFOR;
PROVISIONALLY ORDERING THAT SUCH
IMPROVEMENTS BE MADE; FIXING THE TIME AND
PLACE FOR THE HEARING ON THE IMPROVEMENTS;
AND PRESCRIBING NOTICE OF THE HEARING.
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 of the Charter- and Chapter 12.08 of the
Avon Municipal Code (the "Code"), the Town Council (the "Council") is authorized to create
local improvement districts to finance the cost of constructing local improvements; and
WHEREAS, the Council desires to provide for the acquisition of certain street
improvements, sidewalk improvements, and park or mall- improvements as authorized by the
Code and to create a local improvement district to acquire such improvements; and
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WHEREAS, pursuant to Section 1208.070 of the Code and Resolution
No. 92-3, the Town Engineer has filed with the Town Clerk a preliminary. assessment plat
and map and a preliminaryassessment roll and preliminary plans and preliminary estimates
of cost concerning the improvements;, and
WHEREAS, the Council of the Town has examined such preliminary plans,
estimate of
costs, assessment plat and
map,
and preliminary
assessment roll, and
other
instruments,
and has found, and does
hereby
declare, the same to be satisfactory.
in all
respects; and
WHEREAS, the Council has determined, and does hereby also declare, that
the notice for a hearing which is provided herein is reasonably calculated. to inform each
interested person of the proceedings concerning the District which may directly and adversely
affect his or her legally protected rights and interests.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. All action (not inconsistent with the provisions of this resolution)
heretofore taken by the officers of the Town directed toward the Project, herein described,
and the creation of the District, is hereby ratified, approved, and confirmed.
Section 2. It is hereby declared that the Project herein described will serve
a public use and will promote the health, safety, and general welfare of the citizens,
inhabitants and property owners in said proposed District to be formed therefor, and in said
Town.
Section 3. The preliminary plans, the estimate of the. total cost, the
assessment plat and map, and the preliminary assessment roll, of the District, as heretofore
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filed with the Clerk and,presented to the Council on this February 11, 1992, are hereby
accepted, approved, - and adopted.
Section 4. The extent of the, District to be assessed, -the kind of
improvements proposed, the number of installments and the time in which the cost of the
improvements will be payable, the total estimated cost, the estimated proportion of the total
estimated cost of the improvements to be assessed against the property specially benefited
thereby and the estimated proportion to be paid by Town funds other than special
assessments, and the method of levying assessments, shall be as provided in the form of
notice hereinafter prescribed and in said preliminary plans, said estimate of total cost, said
assessment plat and map, and in the 'assessment roll.
Section 5. The Project is hereby provisionally ordered to be made when
the same have been authorized by ordinance. Pursuant to Section 12.08.140 of the Code the
Town shall construct the Project by independent contracts to be let ' by competitive bid.
Section 6. ' Tuesday, February 25, 1992 at the hour of 7:30 pan, at the
Council Chambers in the Avon Town Hall, Avon, Colorado, is hereby fixed as the time and
place for a hearing (to be held at least 10 days after the . adoption of this resolution) at
which the owners of the tracts to be assessed or any other person interested herein may
appear before the Council and be heard as to the propriety and advisability of acquiring the
Project.
Section 7. After the adoption of this resolution, the Clerk shall -by published
advertisement once not less than 8 days prior to the hearing, in the Vail Trail, a newspaper
of general circulation in the Town of Avon and by mailing notice, postage prepaid, as first-
class mail, at least 10 days prior to such hearing, to the last known address of each last
known owner or owners of each tract within the proposed District whose property will be
assessed for the cost of the Project proposed, such addresses and names of owners being
obtained from the 'real property assessment rolls for general (ad valorem) taxes of the county
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wherein such property is located, or from such other source or sources as the Town Engineer
or Clerk- or Deputy giving such notice deems reliable, give notice to the owners of tracts
within the District "and to all persons interested generally, as required by Section 12.08.070
of the Code. The notice shall be in substantially the following form:
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(Form of Notice)
NOTICE OF A PROPOSAL TO CREATE A LOCAL
IMPROVEMENT DISTRICT 'DESIGNATED "TOWN OF
AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT
NO. 1992-1," TO CONSTRUCT CERTAIN STREET,
SIDEWALK AND PARK OR MALL IMPROVEMENTS
THEREIN, AND TO LEVY SPECIAL ASSESSMENTS
THEREFOR, AND OF A HEARING TIMREON.
NOTICE IS HEREBY GIVEN to the owners of property within the proposed
Town of Avon, Colorado, Local Improvement District No. 1992-1 (herein the 'T-own," the
"State," and the "District"), and to all interested persons that:
The Town Council of the Town of Avon, pursuant to, its Charter,
Chapter 12.08 of the Avon Municipal Code (the "Code"), as amended, and a resolution
adopted February 11, 1992, has provisionally ordered the acquisition of the following
improvements (the "Project") in the District, which are more particularly described as follows:
A. Improvements to Avon Road and Beaver Creek Blvd. in accordance
with adopted Transportation Plan of the Town to relieve congestion and
improve traffic flow. These improvements generally consist of:
1. Widen Beaver Creek Blvd. to five (5) lanes from Beaver Creek
Place to a point approximately 500 feet west of the Avon Road
intersection;
2. Addition of right turn lane to north-bound Avon Road from
Beaver Creek Blvd. to I-70;
3. Construction of pedestrian walkways along Beaver Creek Blvd.
widening, and along westerly side of Avon Road from Beaver
Creek Blvd. to I-70;
B. Landscape Avon - Road from Highway 6 to I-70 in accordance with
adopted Urban Design and Streetscape Plan. These improvements
generally consist of:
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1. Installation of decorative pedestrian lighting, irrigation system,
plant materials, fixtures, art work, and other related facilities;
2. Expansion and improvement of pedestrian areas of Avon
Road/Beaver Creek Blvd. intersection and Avon Road/Benchmark
Road intersection;
3. Reconstruction of entry sign located north and east of Avon
Road/I-70 interchange.
C. The Project shall include all grading, paving, curb, gutter, storm
drainage, utility modifications and. other related work as necessary for
a complete project.
The details of the Project are more particularly shown on the preliminary plans now on file
in the office of the Town Clerk. Reference is made to the preliminary plans for construction
details. Pursuant to Section 12.08.080 of the Code, the Town Council has determined to
combine the improvements in one improvement district.. If after the Council has considered
the ordering of the Project and has heard all complaints and objections thereto, the Council
shall decide to proceed with the Project, the Council shall authorize the Project by ordinance.
The Council has fixed Tuesday, February 25, 1992, at 7:30 p.m., at the Town
Council Chambers at the Town Hall, Avon, Colorado, as the time and place upon which a
hearing shall be had, at which the owners of the tracts to be assessed or any other person
interested therein may appear before the Council and be~ heard as to the propriety* and
advisability of acquiring the Project. Written complaints, protests or objections concerning the
District or the proposed Project may be filed with the Town Clerk at'least one day prior to
the hearing or may be made verbally at the hearing concerning the same by -the owner of
any tract to be assessed, or by any person interested.
The boundaries of the District shall be each lot, tract or parcel of land
described below-
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Lot 1, Wiildwood Resort, a Resubdivision of Lots 5, 52A, and 52B, Block 1, Benchmark at
Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado;
Lots 1, 2, 3, 4 and 67/68, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle
County, Colorado;
Lots 21, 22, 24, 46, 55, 56, 61, 63, 67, 68, 69, 70, 71, 73/74; Block 2 and Tract Q,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado;
Buck Creek Plaza, Lot 72, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle
County, Colorado;
Lot 65-B, The Annex at Avon, Town of Avon, Eagle County, Colorado;
Lot 1, Block 1, The Lodge at Avon Subdivision, Town of Avon, Eagle County, Colorado;
Avon Center at Beaver Creek - I, Lot A - Avon Center at Beaver Creek and Lots B and C,
Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, Town of
Avon, Eagle County, Colorado;
The Falcon Pointe Condominium; Lot 45 and a part of Lot 46, Block 2, Benchmark at
Beaver Creek, Town of Avon, Eagle County, Colorado;
Avon Lake Villas Condominiums Filing No. 1, A Replat and Resubdivision of Lots 43 and
44, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado;
Avon Lake Villas Condominiums Filing No. 4, Lot 42, Block 2, Benchmark at Beaver Creek,
Town of Avon, Eagle County, Colorado;
Avon Lake Villas Condominiums Filing No. 2, Lot 41, Block 2, Benchmark at Beaver Creek,
Town of Avon, Eagle County, Colorado;
Sunroad Subdivision, A Replat of Lots 29, 30, 31 and 34 Block 2, Benchmark at Beaver
Creek Subdivision, Amendment No. 4, Town of Avon, Eagle County, Colorado;
The Christie Lodge at Avon, A Resubdivision of Lots -25, 26, 27, 28 and 35, Block 2, Official
Plat, Town of Avon, Eagle County, Colorado - Amendment No. 4, Benchmark at Beaver
Creek;
Tract B, Community Shopping Center, Town of Avon, Eagle County, Colorado, resubdivision
of Lots 23 and 75, Benchmark at Beaver Creek Subdivision, Amendment No. 6, County of
Eagle, State of Colorado;
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Benchmark Plaza Office and Retail Condominiums, Lot 20, Block 2, Official Plat - Town of
Avon, Eagle County, Colorado and Final Subdivision Plat - Amendment No. 4, Benchmark
at Beaver Creek, Eagle County, Colorado;
Lot 1, Nottingham Station, Town of Avon, Eagle County, Colorado;
The preliminary estimated total cost of the Project and the amount to be
assessed is as follows:
Estimated Amount of Amount Available
Total Cost Special Assessments From Other Sources
$2,052,524 $1,155,024 $897,500
The Town Council has determined that the assessments within the Project shall
be levied against all the, tracts described above, being the property specially benefitted by the
improvements, and such assessments shall be apportioned on the basis of the average number
of vehicle trips per day which the Town estimates will be generated by the current use of the
property or, in the case of undeveloped property, the expected use of such property based
upon current zoning; such number of vehicle trips being based upon the Institute of
Transportation Engineers Informational Report, Trip Generator (3rd Edition, 1982). Any
estimate of cost or assessments herein shall neither constitute a limitation upon such cost or
assessments, respectively, nor a limitation upon the rights and powers of the Council or of
any officers, agents, or employees of the Town.
All assessments made in connection with said District shall be due and payable
without demand within thirty (30) days after final publication of the assessment ordinance. All
such assessments may, at the election of the owner, be paid in installments with interest in
case of such election to pay in installments, the assessment shall be payable in fifteen (15)
substantially equal annual installments of principal, with interest in all cases on the unpaid
principal payable annually at a rate to be hereafter determined by the Town Council.
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No substantial change in the District, details, preliminary plans, or estimates
shall be made after the first publication or mailing of notice to property owners, whichever
occurs first, except for the reduction in any estimate and except for any deletion of a portion
of the Project and property from the proposed. District. The Engineer, however, shall have
the right to make minor changes in time, plans, and materials. entering into the work at any
time before its completion. Nothing herein shall be construed to limit the amount finally
assessed as herein provided.
At the above-stated time fixed for the hearing any and all property owners
interested in such Project may, by specific and written complaints, protests, or objections
present their views in respect, to the proposed Project to the Council or .they may present
them orally and the Council may adjourn the hearing from time to time. After such hearing,
if the Council shall determine-that it is not for the public interest that the proposed Project,
or a part thereof, be made, the, Council shall make an order by resolution to that effect and
thereupon the proceedings for the Project service facilities, "or the part thereof determined
against by such order, shall stop and shall not be begun again until the adoption of a new
resolution.
If after such hearing the Council has determined to proceed with said District,
as modified, the Council by resolution shall direct the Engineer to prepare and present to the
Council:
1. A revised and detailed estimate of the total cost, which revised estimate
shall not constitute a limitation for any purpose.
2. Revised preliminary plans; and
3. A revised assessment plat and map showing the location of each
improvement and the real property to be assessed and a revised
assessment roll.
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All proceedings may be modified or rescinded wholly or in part by resolution
adopted by the Council at any time prior to the final passage of the ordinance authorizing
the Project.
Any complaint, protest, or objection to the regularity, validity and correctness
of the proceedings and instruments taken, adopted, or made prior to the date of the hearing
shall be deemed waived unless presented in writing on specific grounds at the time and in the
manner herein specified.
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 Code, or for any other relief against any act or proceedings
of the Town done or had under the Code, shall be maintained against the Town, 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.
The preliminary plans, the assessment plat and map (including the preliminary
assessment roll), the preliminary estimate of the total cost, the description of the tracts to be
assessed, the amount of assessments estimated to be assessed on each such tract, and all
proceedings in the premises are on file and can be seen and examined at said ' office of the
Town Clerk during business hours, at any time, by any person so interested.
By order of the Town Council of the Town of Avon, Colorado.
Dated at Avon, Colorado this 'February 11, 1992.
wn Cie
(End of Form of Notice)
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Section 8. The failure to mail out such notice shall not invalidate any
proceedings hereunder and such notice by publication shall be verified by the affidavit of the
publisher and filed with the Town Clerk.. Proof of publication and proof of mailing shall be
maintained in the records of the Town until the assessments pertaining thereto shall have
been paid in full, principal, interest, any penalties, and collection costs.
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 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 11. 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 12. 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
February 11, 1992.
(SEAL)
~2 U" 'a"
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test:
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Councilmember _ x i ne s then moved that the resolution be passed and
adopted as read. Councilmember Reynolds-,, 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: Jerry Davis (Mayor = non-voting)-
Albert Buzz Reynolds, Jr.
Charlie Gersbach
John Hazard
Tom Hines
Celeste C. Nottingham
Derek Pysher
Those Voting No: none
Those Absent: none
The presiding officer thereupon declared that at least 6
of all the members of the Town Council present 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 numbered
92-8 , 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 Town Council considered other business and took other action
not concerning the Local Improvement District.
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There being no further.- business to come before the Town Council; on motion-
duly made, seconded and unanimously carried, the meeting was adjourned.
01A, .
Mayor
T wn of Avon, Colorado
(SEAL)
Attest:
T~vn Clerk
Town of Avon, Colorado
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
L Patty Neyhart, Town Clerk of the Town of Avon (the "Town"), in the
County of Eagle, and State of Colorado,- do hereby certify:
1. A written or printed copy of Resolution No. 92-8, was furnished
to each Councilmember on or before February 11, 1992, prior to the introduction of such
resolution at the regular meeting of the Town Council (herein the "Council") held on
Tuesday, February 11, 1992, notice of which meeting was duly given to each Councilmember.
2. The foregoing pages number 1 'through 14, excerpts from the
minutes of a meeting of the Council held on February 11, 1992, constitute a true, correct,
complete, and compared copy of the proceedings of the Council so far as such minutes relate
to the introduction and adoption of both resolutions. The resolution is a true, correct,
complete, and compared copy of the original proposed, introduced, and passed at such
meeting (subject to the numbering, execution, and other completion of the resolution after
its passage and relating thereto).
3. The Mayor and 6 members of the Town Council were
present at the meeting, the members of the Town Council voted on the passage of each of
the resolutions, as in such minutes set forth, and the resolution was recorded according to
law in the record of resolutions of the Town.
4. Attached - hereto as Exhibit A is a true and correct copy of - the
notice of the meeting which was posted at the Town Hall, in the Town no less than twenty-
four hours prior to the meeting.
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IN VMNFSS WHEREOF, I have hereunto set my hand and affixed
the seal of the Town this llthday of Feb. 1992,
T a rk
(SEAT.)
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Exhibit A
TOWN OF AVON
-REGULAR MEETING AGENDA
FEBRUARY 11,-- 1992 7:30 P.M.
1. Call to order Rol1.Call
a.) Appointment of New Councilmembers/Sworn in by Judge Allen
2. Citizen Input
a.) Funding for Jimmie Heuga (Mr. Fletcher McNeil)
ID.) Bungee Jumping
3. 'Ordinances
4. Resolutions
a.)"Resolution No. 92-5, Series of 1992, A RESOLUTION ADOPTING
THE RECREATION MASTER PLAN FOR THE TOWN OF AVON
PUBLIC HEARING
b.) Resolution No. 92-8, Series of 1992, A RESOLUTION CONCERNING
A PROPOSED LOCAL IMPROVEMENT DISTRICT TO BE KNOWN AND
IDENTIFIED AS "TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT
DISTRICT NO. 1992-111; DETERMINING THE DESIGNATION OF THE
DISTRICT; STATING THE NATURE AND LOCATION OF THE PROJECT TO
BE MADE; PRESCRIBING THE DISTRICT TO BE ASSESSED;.,APPROVING
AND ADOPTING THEREFOR THE PRELIMINARY PLANS, THE PRELIMINARY
ESTIMATE OF THE TOTAL COST, THE ASSESSMENT PLAT AND MAP, AND
PRELIMINARY ASSESSMENT ROLL, OF THE DISTRICT; PRESCRIBING A
NUMBER OF DETAILS CONCERNING THE DISTRICT, THE.PROJECT
THEREIN, AND THE ASSESSMENTS TO BE LEVIED THEREFOR;
PROVISIONALLY ORDERING THAT SUCH IMPROVEMENTS BE MADE; FIXING
THE TIME AND PLACE FOR THE HEARING ON THE IMPROVEMENTS; AND
PRESCRIBING NOTICE OF THE HEARING.
c.) Resolution No. 92-6, Series of 1992, A RESOLUTION EXPRESSING
APPRECIATION OF MIKE BENNETT
d.) Resolution No. 92-7, Series of 1992,.A RESOLUTION EXPRESSING
APPRECIATION OF GLORIA MCRORY
e.) Resolution No. 92-9, Series of 1992, A RESOLUTION APPROVING
THE FINAL PLAT OF MOUNTAIN VIEW TOWNHOMES, A RESUBDIVISION OF
LOT 83, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO (Rick Pylman)
5. Unfinished Business
a.) Special Events Task Force Representative Appointment
6. New Business,
a:) Vacancies on Planning and Zoning Commission
b.) Hours of Construction Regulations (Rick Pylman)
7. Town Attorney Report
8. Mayor Report
a.) Colorado Association of Ski Towns
9. Other Business
10. Financial batters
11. Approval of Council Meeting Minutes
a.) Approval of the January 28, 1992 Council Meeting Minutes
12. Adjournment
STATE OF COLORADO )
PROOF OF FILING OF
COUNTY OF EAGLE ) SS. PRELIMINARY PLANS AND
ASSESSMENT PLAT
TOWN OF AVON )
Patty Neyhart, being by me first duly sworn, upon oath deposes and says:
That she is the Town Clerk of the Town of Avon; that on February nth,
1992, the following documents for the Town of Avon, Colorado, Local Improvement District
No. 1992-1 of said Town, made out by the Engineer, were filed in the records in her office
in said Town, pursuant to the initial resolution adopted by the Town Council on January 28,
1992, as follows:
A. Preliminary plans and specifications showing a typical section of the
contemplated improvements included in the district, the type or types of materials,
approximate thickness and widths and approximate dimensions; and
B. A preliminary estimate of the total cost of each type of construction,
said estimate being made in a lump sum or by unit prices and further including in
said total estimate the advertising, appraising, engineering, legal, interest on interim
warrants, discount on any bonds, printing, and such other expenses as were considered
by the engineer necessary or essential to the completion of such work; and
C. An assessment plat showing the area to be assessed and the amount
of maximum benefits (and corresponding market value increases) estimated to be
conferred upon each lot, tract, or parcel of land in said assessment area, such
assessment plat consisting of a map showing each individual parcel of property to be
assessed and an addendum to the assessment plat or map designated "Tabulation of
Parcels" or "Preliminary Assessment Roll," containing a tabulation of parcels, market
values, preliminary assessment estimates, and estimated maximum benefits; and
that all of said documents have remained and are now on file in said office to the date of
this affidavit, i.e., to a time after the hearing on said Local Improvement District No. 1992-1
and have been available for public inspection; that each of said documents were reviewed by
the Town Council prior to the adoption of the resolution calling the hearing adopted by the
Town Council on February 111992, and that a true, perfect and complete copy of each
of said documents as so filed, is attached hereto as Exhibit W.
That a copy of this affidavit is also on file in the records in the office of said Clerk
of said Town.
Further affiant saith not.
To Clerk
Subscribed and sworn to before me in the County of Eagle, and State of Colorado,
this 2-/// 1992. MY COWISSION EXPIRES
My commission expires JULY 29, 1995
(Notary Stamp)
G
Notaryublic
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
AFFIDAVIT: OF MAILING OF NOTICE
Patty Neyhart, being first duly sworn, upon her oath according to law, deposes
and says:
1. She is and at all times hereinafter mentioned was the duly chosen,
qualified, and' acting Clerk of the Town of Avon, Colorado.
2. A copy of the "Notice of A Proposal To Create, A Local Improvement
District Designated 'Town of Avon, Colorado, Local Improvement District No. 1992-1,' To
Construct Certain Street, Sidewalk, and Park and Mall Improvements Therein, And To Levy
Special Assessments Therefor And Of A Hearing Thereon," was mailed on and before
1-elo Jai . _ 1, 1992, a time at least 10 days prior to the date fixed for the hearing
designated in such notice and to be, held on February 25, 1992, to each last known owner
or owners of each tract within the proposed district whose property will be assessed for the
cost of the proposed improvements, such names of owners being obtained from the real
property assessment rolls for general (ad valorem) taxes 'of the County of Eagle wherein such
property is. located, or from such other source or sources as the Town Engineer and the
undersigned Town Clerk deems reliable, and being the names and addresses shown on the
preliminary assessment roll for the district and such hearing, as first-class mail deposited in
the mails of the United States, postage prepaid.
3. Attached hereto as Exhibit A is a true correct, complete and compared
copy of such notice in the form so mailed to such property owners.
4. Attached hereto as Exhibit B ,is the affidavit of publication concerning
the publication of the notice in the Vail Trail.
Further affiant saith not.
Town Perk
(SEAL)
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
The foregoing instrument was acknowledged in the Town of Avon, County of
Eagle and State of Colorado. before me this IZI day of - EL 1992, by Patty
Neyhart, Clerk of the Town of Avon.
WITNESS my hand and official seal.
Notary Public;
(NOTARIAL -SEAL)
My MISSION EXPIRES
My commission expires: JULY 29. 1995
Exhibit A
NOTICE OF A PROPOSAL TO CREATE A LOCAL
IMPROVEMENT DISTRICT DESIGNATED 'TOWN OF
AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT
NO. 1992-1," TO CONSTRUCT CERTAIN STREET,
SIDEWALK AND PARK OR MALL IMPROVEMENTS
THEREIN, AND TO LEVY SPECIAL ASSESSMENTS
THEREFOR, AND OF A HEARING THEREON. .
NOTICE IS HEREBY GIVEN to the owners of property within the proposed
Town of Avon, Colorado, Local Improvement District No. 1992-1 (herein the "Town," the
"State," and the "District"), and to all interested persons that:
The Town Council of the Town of Avon, pursuant to its Charter,
Chapter 12.08 of the Avon Municipal Code (the "Code"), as amended, and a resolution
adopted February 11, 1992, has provisionally ordered the acquisition of the following
improvements (the "Project") in the District, which are more particularly described as follows:
A. Improvements to Avon Road and Beaver Creek Blvd. in accordance
with adopted Transportation Plan of the Town,to relieve congestion and
improve traffic flow. These improvements generally consist of:
1. Widen Beaver Creek Blvd. to five (5) lanes from Beaver Creek
Place to a point approximately 500 feet west of the Avon Road
intersection;
2. Addition of right turn lane to north-bound Avon Road from
Beaver Creek Blvd. to I-70;
3. Construction of pedestrian walkways along Beaver Creek Blvd.
widening, and along westerly side of Avon Road from Beaver
Creek Blvd. to I-70;
B. Landscape Avon Road from Highway 6 to I-70 in accordance with
adopted Urban Design and Streetscape Plan. These improvements
generally consist of
1. Installation of decorative pedestrian lighting, irrigation system,
plant materials, fixtures, art work, and other related facilities;
2. Expansion and improvement of pedestrian areas of Avon
Road/Beaver Creek Blvd. intersection and Avon Road/Benchmark
Road intersection;
3. Reconstruction of entry sign located north and east of Avon
Road/I-70 interchange.
C. The Project shall include all grading, paving, curb, gutter, storm
drainage, utility modifications and other related work as necessary for
a complete project.
The details of the Project are more particularly shown on the preliminary plans now on file
in the office of the Town Clerk. Reference is made to the preliminary plans for construction
details. Pursuant to Section 12.08.080 of the Code, the Town Council has determined to
combine the improvements in one improvement district. If after the Council has considered
the ordering of the Project and has heard all complaints and objections thereto, the Council
shall decide to proceed with the Project, the Council shall authorize the Project by ordinance.
The Council has fixed Tuesday, February 25, 1992, at 7:30 p.m., at the Town
Council Chambers at the Town Hall, Avon, Colorado, as the time and place upon which a
hearing shall, be had, at which the owners of the tracts to be assessed or any other person
interested therein may appear before the Council and be heard as to the propriety and.
advisability of acquiring the Project. Written complaints, protests or objections concerning the
District or the proposed Project may be filed with the Town Clerk at least one day prior to
the hearing or may be made verbally at the hearing concerning the same by the owner of
any tract to be assessed or by any person interested.
The boundaries of the District shall be each lot, tract or parcel of land
described below:
Lot 1, Wildwood Resort, a Resubdivision of Lots 5, 52A, and 52B, Block 1, Benchmark at
Beaver Creek Subdivision, Town of Avon, Eagle County,. Colorado;
Lots 1, 2, 3, 4 and 67/68, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle
County, Colorado;
Lots 21, 22, 24, 46, 55, 56, 61, 63, 67, 68, 69, 70, 71, 73/74, Block 2 and Tract Q,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado;
Buck Creek Plaza, Lot 72, Block 2, Benchmark at Beaver Creek,' Town of Avon, Eagle
County, Colorado;
Lot 65-B, The Annex at Avon, Town of Avon, Eagle County, Colorado;
Lot 1, Block 1, The Lodge at Avon Subdivision, Town of Avon, Eagle County, Colorado;
Avon Center at Beaver Creek - I, Lot A - Avon Center at Beaver Creek and Lots B and C, .
Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, Town of
Avon, Eagle County, Colorado;
The Falcon Pointe Condominium, Lot 45 and a part of Lot 46, Block 2, Benchmark at
Beaver Creek, Town of Avon, Eagle County, Colorado;
Avon Lake Villas Condominiums Filing No. 1, A Replat and Resubdivision of Lots 43 and
44, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado:
Avon Lake Villas Condominiums Filing No. 4, Lot 42, Block 2, Benchmark at Beaver Creek,
Town of Avon, Eagle County, Colorado;
Avon Lake Villas Condominiums Filing No. 2, Lot 41, Block 2, Benchmark at Beaver Creek,
Town of Avon, Eagle County, Colorado;
Sunroad Subdivision, A Replat of Lots 29, 30, 31 and 32, Block 2, Benchmark at Beaver
Creek Subdivision, Amendment No. 4, Town of Avon, Eagle County, Colorado;
The Christie Lodge at Avon, A Resubdivision of Lots 25, 26, 27, 28 and 35, Block 2, Official
Plat, Town of Avon, Eagle County, Colorado - Amendment No. 4, Benchmark at Beaver
Creek;
Tract B, Community Shopping Center, Town of Avon, Eagle County, Colorado, resubdivision
of Lots 23 and 75, Benchmark at Beaver Creek Subdivision, Amendment No. 6, County of
Eagle, State of Colorado;
Benchmark Plaza Office and Retail Condominiums, Lot 20, Block 2, Official Plat - Town of
Avon, Eagle County, Colorado and Final Subdivision Plat - Amendment No. 4, Benchmark
at Beaver Creek, Eagle County, Colorado;
Lot 1, Nottingham Station, Town of Avon, Eagle County, Colorado;
The preliminary estimated total cost of the Project and the amount to be
assessed is as follows:
Estimated Amount of Amount Available
Total Cost Special Assessments From Other Sources
$2,052,524
$1,155,024
$891,500
The Town Council has determined that the assessments within the Project shall
be levied against all the tracts described above, being the property specially benefitted by the.
improvements, and such assessments shall be apportioned on the basis of the average number
of vehicle trips per day which the Town estimates will be generated by the current use of the
property, or, in the case of undeveloped property, the expected * use of such property based
upon current zoning; such number of vehicle trips being based upon the Institute of
Transportation Engineers Informational Report, Trip Generator (3rd Edition, 1982). Any
estimate of cost or assessments herein shall neither constitute a limitation upon such cost or
assessments, respectively, nor a limitation upon the rights' and powers of the Council or'of
any officers, agents, or employees of the Town.
All assessments made in connection with said District shall be due and payable
without demand within thirty (30) days after final publication of the assessment ordinance. All
such assessments may, at the election of the owner, be paid in installments with interest in
case of such election to pay in installments, the assessment shall be payable in fifteen (15)
substantially equal. annual installments of principal, with interest in all cases on the unpaid
principal payable annually at a rate to be hereafter determined by the Town Council.
No substantial change in the District, details, preliminary, plans, or estimates
shall be made after the first publication or mailing of notice ' to property owners, whichever
occurs first, except for the reduction in any estimate and except for any deletion of a portion
of the Project and property from the proposed District. The Engineer, however, shall have
the right to make minor changes in time, plans, and . materials entering into the work at any
time before its completion. Nothing herein shall be construed to limit the amount finally
assessed as herein provided.
At the above-stated time fixed for the hearing any and all property owners
interested in such Project may, by specific and written complaints, protests, or objections
present their views in respect to the proposed Project to the Council or they may present
them orally and the Council may adjourn the hearing from time to time. After such hearing,
if the Council shall determine that it is not for the public interest that the proposed Project,
or a part thereof; be made, the Council shall make an order by resolution to that effect and
thereupon the proceedings for the_ Project service facilities, or the part thereof determined
against by such order, shall stop and shall not be begun again until the adoption of a new
resolution.
If after such hearing- the Council has determined to proceed with said District,
as modified, the Council by resolution shall direct the Engineer to prepare and present to the
Council:
i) A revised and detailed estimate of the total cost, which revised estimate
shall not constitute a limitation for any purpose.
ii) Revised preliminary plans; and
iii) A revised assessment plat and map showing the location of each
improvement and the real property to be assessed and a revised
assessment roll.
All proceedings may be modified or rescinded wholly or in part by resolution
adopted by the Council at any time prior to the final passage of the ordinance authorizing
the Project.
Any complaint, protest, or objection to the regularity, validity and correctness
of the proceedings and instruments taken, adopted, or made prior to the date of the hearing
shall be deemed waived unless presented in writing on specific grounds at the time and in the
manner herein specified.
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 Code, or for any other relief against any act or proceedings
of the Town done or had under the Code, shall be maintained against the Town, 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.
The preliminary plans, the assessment plat and map (including the preliminary
assessment roll), the preliminary estimate of the total cost, the description of the tracts to be
assessed, the amount of assessments estimated to be assessed on each such tract, and all
proceedings in the premises are, on file and can be seen and examined at said office of the
Town Clerk during business hours, at any time, by any person so interested.
By order of the Town Council of the Town of Avon, Colorado.
Dated at Avon, Colorado this February 11, 1992.
Town Clerk
EXHIBIT B
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MEMO TO: WILLIAM D. JAMES, TOWN MANAGER
FROM: NORM WOOD, TOWN ENGINEER
DATE:- FEBRUARY 7, 1992
RE:- -LOCAL IMPROVEMENT DISTRICT NO. 1992-1
RESOLUTION NO 92-8 (ROLL-CALL VOTE)
Recommended Action:
Approve Resolution No. 92-8, A Resolution concerning a
proposed Local Improvement District to be known and identified as
"Town of Avon Colorado, Local Improvement District No. 1992-111;
determining the designation of the district; stating the nature
and location of the project to be made; prescribing the district
to be assessed; approving-and adopting therefor the preliminary
plans, the preliminary estimate of the total cost, the assessment
plat and maps, and preliminary assessment roll, of-the district;
prescribing a number of details concerning the district, the
project therein, and the assessments to be levied therefor-;
provisionally ordering that such improvements be,made; fixing the
time and place for the hearing on the improvements; and
prescribing Notice of Hearing.
Action should be by Roll Call Vote.
Items to be presented in conjunction with Resolution No. -92-8
include;
Preliminary Assessment Plat
Preliminary Assessment Roll
Preliminary Cost Estimate
Preliminary Plans
The Preliminary Assessment Plat and Cost Estimate are
enclosed. Because of delays in getting current property ownership
information,, the Preliminary Assessment Roll will not be available
until Monday afternoon, February 10, 1992.
Preliminary Plans will be presented at the Council Meeting on
February 11, 1992.
TOWN OF AVON
LOCAL IMPROVEMENT DISTRICT NO. 1992-1
January 28, 1992
Construction
Street Improvements $ 327,684
Landscaping (North) 197,311
Landscaping (South) 574,461
Street Signs 25,000
Construction Engineering 32,768
Sidewalk Society 275,000
Total Construction $1,432,224
Design
EDAW $ 50,000
Intermountain Engineering 108.000
Total Design $ 158,000
Ra
Land Cost $ 256,800
Legal 20,000
Appraisals 10,000
Total R/W $ 286,800
Finance & Administration
Financial Planning $ 6,500
Legal/Sherman & Howard 20,000
Bond Issuance Costs 39,000
Capitalized Interest 100,000
Administration 10,000
Total Administrative $ 175,500
TOTAL PROJECT $2,052,524
Contributions
Town of Avon $ 663,750
CDOT 165,000
Avon Arts Trust 68,750
Total Contributions $ 897,500
PROPOSED PROJECT ASSESSMENT $1,155,024