TC Ord. No. 2014-13 Approving an Agreement by and Between Hoffmann Commerical PropertiesTOWN OF AVON
ORDINANCE 14 -13
SERIES of 2014
AN ORDINANCE APPROVING AN AGREEMENT BY AND BETWEEN THE
TOWN OF AVON AND HOFFMANN COMMERICAL PROPERTIES LLC FOR
THE GRANT OF A REVOCABLE ENCROACHMENT LICENSE TO INSTALL,
CONSTRUCT, AND MAINTAIN PRIVATE IMPROVEMENTS ON TOWN -
OWNED RIGHT- OF-WAY AND PROPERTY
WHEREAS, the Town Council has authority to grant revocable encroachment licenses for
Town owned public property and/or right -of -ways;
WHEREAS, the Town Council conducted a public hearing on July 22, 2014, then continued
such public hearing to August 26, 2014, then continued the public hearing to September 9, 2014,
then continued such public hearing to September 23, 2014;
WHEREAS, the Town Council fords that the grant of a revocable encroachment license to
construct parking open to the general public on a public property adjacent to the Christy Sports
western parking lot and on a portion of Avon Road will promote the Avon Comprehensive Plan
and promote economic vitality in the Avon commercial core and will thereby promote the
healthy, safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Revocable License Agreement Approved. The attached Revocable License
Agreement is hereby approved and accepted.
Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and
Town Clerk are authorized to execute documents approved in this Ordinance and take such other
actions as may be reasonably necessary to implement the actions in this Ordinance.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
Ord. No 14 -13 Approving Revocable License Agreement
September 18, 2014
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not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[Signature page follows]
Ord. No 14 -13 Approving Revocable License Agreement
September 18, 2014
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INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for July 22, 2014
at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon,
Colorado, on July 15, 2014. �J
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least six days prior to final action by the Town Council.
ATTEST:
Debbie Hoppe, TAA Clerk
APPR D AS TO FO
O �
ric . H ' , own Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on September 23, 2014.
Ric Carroll,
or
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Debbie Hoppe, TowA Merk
Ord. No 14 -13 Approving Revocable License Agreement
September 18, 2014
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