TC Res. No. 1992-11RESOLUTION NO. 92-11
A RESOLUTION DISPOSING OF THE PROTESTS MADE
AT THE HEARING ON THE PROVISIONAL ORDER FOR
TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT
DISTRICT NO. 1992-1.
WHEREAS, the Town Council (the "Council") of the Town of Avon (the
"Town"s pursuant to a resolution heretofore adopted, provisionally ordered the acquisition of
local improvements pursuant to Chapter XV of the Town's Charter (the "Charter") and
Chapter 12.08 of the Avon Municipal Code (the "Code") within the Town of Avon, Colorado,
Local Improvement District No. 1992-1 (the "District") pursuant to Chapter XV of the
Town's Charter (the "Charter") and Chapter 12.08 of the Avon Municipal Code (the "Code");
and
V4MIEAS, pursuant to said resolution, the Town Clerk gave notice of the
time and place of hearing thereon, in the manner specified by the Code; and
WHEREAS, the manner of giving such notice by mail and publication was
reasonably--calculated to inform the parties of the proceedings concerning the District which
might directly and adversely affect their legally protected interests; and
WHEREAS, all owners of property to be assessed and interested persons so
desiring were permitted to file a written protest or objection or to appear before said Council
on Tuesday, February 25, 1992, and be heard as to the propriety-and advisability of acquiring
the local improvements provisionally ordered (the "Project"), as to the cost thereof and
manner of payment therefor, and as to the amount thereof to be assessed against said
property for said Project.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. The Council determines that each and every protest and
objection filed or otherwise made is without sufficient merit, and that the same is overruled
and finally passed on by said Council; provided, however, that the Council has, nevertheless,
concluded that it is necessary and equitable that the assessment roll be corrected and revised
as follows:
Revised Amount
of
Parcel Assessment
Lot B, Avon Center at Beaver Creek $ -0-
Lot 61, Block 2, Benchmark at Beaver Creek $20,398.91
Lot 1, Lodge at Avon $50,223.90
Sunroad Subdivision, Lot 1 $ 40-
Section 2. The Council has determined, and' does hereby determine, that it
is advisable to acquire the Project, as provided by Resolution 92-8 (except that public art
shall be eliminated from the Project) and does hereby order that assessments be levied
therefor.
Section 3. The Town Engineer is requested and directed to prepare, in the
manner required by the Code, and to present to the Council:
(a) A revised and detailed estimate of the total cost of the District,
including each of the incidental costs, if necessary;
(b) Full and detailed final plans and specifications for the Project;
and
(c) A revised map and a revised assessment plat, if necessary.
Section 4. Allaction, proceedings, matters and things heretofore taken, had
and done by the Town and the officers thereof (not inconsistent with the provisions of this
resolution) concerning the District including, but not limited to, the giving of the mailed,
posted, and published notice of the hearing be, and the same hereby are, ratified, approved
and confirmed.
Section 5. 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 6. All resolutions or parts thereof in confect with this resolution are
hereby repealed. This repealer shall not be construed to revive any order, bylaw, or
resolution, or part thereoL heretofore repealed.
Section I If any section, paragraph, clause, or other provision of this
resolution is for any reason held to be invalid or, unenforceable, the invalidity or
-2-
unenforceabdity of such section, paragraph, clause, or other provision shall not affect the
validity of the remaining provisions of this resolution.
Section & 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 25, 1992.
r
Mayor
(SEAL)
Attest:
own Cl k
-3-