TC Res. No. 2001-05RESOLUTION NO. 05
SERIES OF 2001
A RESOLUTION APPROVING AN ORDER OF THE TOWN MANAGER
WHEREAS § 9.04.130 of the Avon Code provides that orders of the town manager in
the exercise of his authority to control, manage, and supervise town owned buildings are
effective only upon resolution of the town council, and
WHEREAS the town manager has issued an order prohibiting loitering within the
Avon Recreation Center, 0325 Benchmark Road, Avon, Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The town council hereby approves the attached January 2001, order of
the town manager prohibiting loitering within the Avon Recreation Center.
ADOPTED this23 day of January 1 2001.
TOWN OF AVON, COLORADO
J Yoder, a
AP ROV S TO FORM:
urt Levin, Town Attorney
1
ORDER
Pursuant to my authority under § 9.04.130 of the Avon Code, and in the interest of
prohibiting conduct within the Avon Recreation Center, 0325 Benchmark Road,
Avon, Colorado, which may be reasonably expected to substantially interfere with
the use and enjoyment of said Recreation Center, or which may constitute a
general nuisance, I HEREBY ORDER, this h-Nay of January, 2001, .that loitering
in said Recreation Center is prohibited.
BILL EF G
AVON TOWN MANAGER
Burt Levin
From: Burt Levin
Sent: Thursday, January 18, 2001 11:21 AM
To: Bill Efting; Meryl Jacobs;. Jeff Layman
Cc: Council - Everyone
Subject: Loitering in the rec center
Loitering in the rec center has become a problem. Meryl wants to post a sign prohibiting loitering.
This can be done.
In order for the police to be authorized to enforce the ban on loitering § 9.04.130 of the Code must be
satisfied. That section allows the town manager to issue orders limiting activities or conduct within
public buildings, including an order prohibiting loitering at the rec center, which order shall "be
effective only upon resolution of the town council." Furthermore, no conviction may be obtained for a
violation of § 9.04.130 "unless notice of such limitations or prohibitions is prominently posted at all
public entrances to such building..:."
Therefore, I have prepared the attached order of the town manager and resolution of the town
council to prohibit loitering in the rec center. Upon approval of the resolution a "no loitering" sign will
be posted on the door of the rec center, and the police will then have authority to enforce the ban.
The police and the rec staff will note that "No conviction may be obtained under this section
9.04.130] unless such notice is actually first given by the officer or agency, including any agent
thereof, or by any law enforcement officer having jurisdiction or authority to enforce this section." I
take that to mean that any person loitering in the rec center must be advised, by a rec staff member
or a police officer, to stop loitering or leave the building, before the police are authorized to charge
the person with a violation of § 9.04.130.
(The charge in such a case should be 9.04.130 Unlawful conduct on public property.")
11 loltedng Carder.doc loiterig res.doc
The resolution will appear on the council's February 13th agenda.
e
Memo
To:
Thru:
From:
Honorable Mayor and Town Council
Bill Elting, Town Manager
Norm Wood, Town EngineerW/
Date: February 21, 2001
J
Re: Chapel Square Subdivision Improvements Agreement
Resolution No. 01-05, Series of 2001, Reducing'Required Security Deposit
Summary: Chapel Square has satisfactorily completed a significant
portion of the public improvements identified in the Subdivision Improvements Agreement.
The satisfactory completion of these portions has been adequately documented by field
inspections and the submittal of As-Built-Plans and Certifications by registered professional
engineers as stipulated in the Subdivision Improvements Agreement. The remaining and
unsatisfactory work is identified in the attached letter of January 4, 2001; to Palmos
Development. This letter further indicates that a recommendation will be made to reduce
the required letter. of credit by $ 187,679.00; from $ 402,679.00 to 215,000.00.
Approval of attachedResolution No. 01=05, Series of 2001 is recommended to allow this
corresponding reduction.
Reido emendatlons: Approve Resolution No. 01-05, Series of 2001, a
Resolution Approving a Reduced Security Deposit for Public Improvements to be Installed
and Constructed in Accordance with Subdivision Improvements Agreement for Amended
Plat Chapel Square Subdivision.
Proposed Motion: I move to approve Resolution No..O1-05, Series of 2001, A
Resolution Approving a-Reduced Security'Deposit` for Public improvements to be Installed
and Constructed in Accordance with Subdivision Improvements Agreement for Amended
Plat of Chapel Square Subdivision.
Town _Mana er Comments:
Mew i.~
~~n"HAMD\E,&,,d,oub&,isioe\Bm&mrk At BCCWWO &Fwe\S- NO
,y
TOWN OF AVON
RESOLUTION NO. 01=05
Series of 2001
A RESOLUTION APPROVING A REDUCED SECURITY DEPOSIT FOR PUBLIC
IMPROVEMENTS TO BE INSTALLED AND CONSTRUCTED IN ACCORDANCE WITH
SUBDIVISION IMPROVEMENTS AGREEMENT FOR AMENDED PEAT OF CHAPEL
SQUARE SUBDIVISION
WHEREAS; the.Town of Avon and Chapel Square, LLC, a Colorado Limited Liability Company
entered into a SUBDIVISION IMPROVEMENTS AGREEMENT in connection with the approval
of the Amended Plat of Chapel Square Subdivision; and
WHEREAS, said Agreement established certain public and private improvements to be constructed
in conjunction with said subdivision; and
WHEREAS, said Agreement established requirements for the provision of security deposits to
assure completion of the improvements and provide for warranty work in accordance with the
Agreement and the subsequent partial release of the security deposits upon satisfactory completion
of portions of the improvements in conformance with all standards, drawings and specifications as
submitted to and previously approved by the Town; and
WIEREAS, portions of the required work have been satisfactorily completed in accordance with
the approved plans and specifications, as certified by a professional engineer.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, that:
1. Portions of the improvements with an equivalent'value of $ 187,679.00, have been satisfactorily
completed in conformance with the approved plans and specifications as of January 4, 2001.
2. Effective February 28, 2001, the security deposit may be reduced to $ 215,000.00 which is equal
to at least 110 percent of the cost of the remaining improvements to completed in conformance with
the approved plans and specifications.
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ADOPTED THIS DAY OF
2001. .
TOWN COUNCIL
TONWOF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
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