TC Packet 08-09-2016 TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 9, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
1
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE __)
REGULAR MEETING BEGINS AT 5:05 PM
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. ACTION ITEMS
4.1. PUBLIC HEARING SECOND READING OF ORDINANCE 16-16, APPROVING A FRANCHISE AGREEMENT WITH
COMCAST OF COLORADO VII, LLC FOR THE PROVISION OF CABLE SERVICES IN THE TOWN OF AVON
(TOWN ATTORNEY ERIC HEIL)
4.2. REVIEW AND ACTION ON AN APPEAL OF A DENIAL OF A REAL ESTATE TRANSFER TAX APPLICATION FOR
PRIMARY RESIDENCE EXEMPTION – MALAIDE LLC (BUDGET ANALYST KELLY HUITT)
5. WORK SESSION
5.1. REVIEW OF OPTIONS AND DIRECTION FOR DEVELOPING A MANAGED PARKING PROGRAM FOR AVON PUBLIC
PARKING SPACES FOR 2016/2017 SKI SEASON (PLANNING DIRECTOR MATT PIELSTICKER)
5.2. REVIEW OF BOOTING PRACTICES IN AVON AND COMPARABLE COLORADO MUNICIPALITIES FOR DIRECTION
(EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
6. ACTION ITEMS
6.1. ACTION TO SUBMIT A LETTER TO THE UNITED STATES FOREST SERVICE IN REGARDS TO USFS ROAD 779
(TOWN MANAGER VIRGINIA EGGER)
6.2. FIRST READING OF ORDINANCE 16-14, APPROVING CODE TEXT AMENDMENTS FOR PUBLIC FACILITIES AND
TOWN CENTER ZONE DISTRICTS (PLANNING DIRECTOR MATT PIELSTICKER)
6.3. ACTION ON RESOLUTION 16-22 AUTHORIZING THE SUBMITTAL OF A GOCO GRANT APPLICATION AND
CERTIFYING THE TOWN OF AVON FUNDING MATCH FOR A NEW PLAYGROUND AT HARRY A. NOTTINGHAM
PARK (RECREATION DIRECTOR JOHN CURUTCHET)
6.4. FIRST READING OF ORDINANCE 16-17 TO AMEND DRINKING WATER LEASE WITH THE UPPER EAGLE REGIONAL
WATER AUTHORITY (TOWN ATTORNEY ERIC HEIL)
6.5. ACTION ON RESOLUTION 16 –21 TO AMEND THE 2016 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
6.6. ACTION TO AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT TO RETAIN ARCHITECTURAL AND
ENGINEERING SERVICES FOR THE NEW TOWN HALL (TOWN ENGINEER JUSTIN HILDRETH)
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 9, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
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6.7. CONSENT AGENDA
6.7.1. RESOLUTION 16-23 APPROVING HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT
ACROSS LOT B, BUCK CREEK SUBDIVISION, AVON COLORADO AND TRENCH, CONDUIT AND VAULT
AGREEMENT (TOWN ENGINEER JUSTIN HILDRETH)
6.7.2. APPROVAL OF THE JULY 26, 2016 MINUTES (TOWN CLERK DEBBIE HOPPE)
7. WORK SESSION
7.1. REVIEW AND DIRECTION ON REVENUE PROJECTIONS FOR THE 2017-18 BUDGET AND ALLOCATION TARGET OF
UP TO $205,000 FOR COMMUNITY GRANTS (ASSISTANT TOWN MANAGER SCOTT WRIGHT/ EXECUTIVE
ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
8. WRITTEN REPORTS
8.1. GIFT REPORTING – 2016 OUTLAWS & LEGENDS FESTIVAL PASSES
(EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
9.1. UERWA (COUNCILOR SARAH SMITH HYMES)
9.2. CLIMATE ACTION PLAN STAKEHOLDERS (COUNCILOR SARAH SMITH HYMES)
9.3. AFFORDABLE HOUSING BOARD (COUNCILOR MEGAN BURCH)
10. MAYOR & COUNCIL COMMENTS
11. TOWN MANAGER UPDATE
12. EXECUTIVE SESSION FOR THE FOLLOWING PURPOSES:
1. To Determine Positions Relative to Matters that may be subject to Negotiations, Developing Strategy for
Negotiations, and/or Instructing Negotiators, under C.R.S. §24-6-402(2)(e) in Regards to the
WinterWonderGrass Festival,
2. To discuss the Purchase, Acquisition, Lease, Transfer, or Sale of Real, Personal, or Other Property Interest
under C.R.S. §24-6-402(2)(a) and to Determine Positions Relative to Matters that may be subject to
Negotiations, Developing Strategy For Negotiations, and/or Instructing Negotiators, under C.R.S. §24-6-
402(2)(e) concerning Conservation of Certain Town Owned Property.
3. For a Conference with the Town Attorney for the Purpose of Receiving Legal Advice under C.R.S. §24-6-
402(2)(b) and to Determine Positions Relative to Matters that may be subject to Negotiations, Developing
Strategy For Negotiations, and/or Instructing Negotiators, under C.R.S. §24-6-402(2)(e) concerning Eagle Bend
Affordable Housing.
13. ADJOURNMENT
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 9, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
_________________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 3
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICANT NAME: BRIGHT FUTURE FOUNDATION FOR EAGLE COUNTY
EVENT NAME: AVON LIVE!
EVENT DATES: AUGUST 17, 24 & 31, 2016
EVENT TIME: 4:00 P.M. UNTIL 9:00 P.M.
LOCATION: NOTTINGHAM PARK
EVENT MANAGER: CASEY ANGEL
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
4.2. APPLICANT NAME: BIG HEARTS BIG HANDS
EVENT NAME: SKYLIGHT CREATIVE WRITING RETREAT
EVENT DATES: SEPTEMBER 2-4, 2016
EVENT TIME: 2:00 P.M. UNTIL 9:00 P.M.
LOCATION: NOTTINGHAM PARK
EVENT MANAGER: MICHAEL WELLE
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
5. PUBLIC HEARING FOR NEW HOTEL AND RESTAURANT LIQUOR LICENSE
5.1. APPLICANT NAME: CTK, LLC D/B/A CHRONIC TACOS
LOCATION: 150 EAST BEAVER CREEK BLVD, UNIT A101
TYPE: HOTEL AND RESTAURANT LIQUOR LICENSE
OWNER: ANTHONY KERRIGONE
MANAGER: CHAD WILKISON
ACTION: RESOLUTION NO. 16-01
6. MINUTES FROM JULY 26, 2016
7. ADJOURNMENT
New License Chronic Taco's Page 1
REPORT TO AVON LIQUOR LICENSING AUTHORITY
To: Avon Liquor Licensing Authority
From: Debbie Hoppe, Town Clerk
Meeting Date: August 9, 2016
Agenda Topic: PUBLIC HEARING for new Hotel and Restaurant Liquor License for CTK, LLC d/b/a Chronic
Taco’s
PROPOSED MOTION
I move to approve Resolution No. 16-01 A Resolution Approving the Application of CTK, LLC d/b/a
Chronic Taco’s for a Hotel and Restaurant Liquor License.
ACTION BEFORE COUNCIL
Town Council acting as the Local Liquor Licensing Authority is asked to consider the liquor license
application for the following new Hotel and Restaurant Liquor License:
Applicant Name: CTK, LLC d/b/a Chronic Tacos
Location: 150 East Beaver Creek Blvd, Unit A101
Type: Hotel and Restaurant Liquor License
Owner: Anthony Kerrigone
Manager: Chad Wilkison
The Colorado Liquor Code provides for the licensing of hotels and restaurants to sell alcohol beverages
subject to Section 12-47-111 of the Colorado Liquor Code. A Public Hearing is required prior to taking action
on the new Hotel and Restaurant Liquor License.
BACKGROUND
Attached is the “Report of Findings” for this application which was submitted to the applicant on August
1, 2016. The Town Clerk and Town Attorney have reviewed the application for complete information and
notice was posted on the premise and published in the Vail Daily as documented in the report of findings.
The Avon Police Department has conducted the background investigation on the principals and a report is
attached. Please note the Town Attorney will be able to assist with questions related to the review of
background information as it relates to the review of the applicant’s character.
FINDINGS
A background investigation has been completed by the Avon Police Department and the report indicates
Anthony Kerrigone was arrested for DUI and resisting arrest in Cherry Hills, Colorado on December 9th
2015, the CBI record is not showing a final.
New License Chronic Taco's Page 2
On February 21st, 2015, Mr. Kerrigone was contacted by the Eagle County Sheriff’s Office after responding
to a call for service. Mr. Kerrigone was intoxicated and has gotten into an argument with a roommate.
Mr. Kerrigone left the residence and retrieved a handgun from his vehicle. Mr. Kerrigone told Deputies he
was in fear of the roommate. Mr. Kerrigone had several other firearms in his vehicle at the time. Deputies
took possession of the firearms for safekeeping and issued Mr. Kerrigone a summons for Prohibited Use
of a Weapon ECSO case#20015-000318.
The information in the report addresses how the applicant has met the criteria outlined in Section 5.08
Liquor Licenses of the Avon Municipal Code and the State Liquor and Beer Code. The report indicates that
the applicant has the burden of proving he/she is qualified to hold the license. The applicant also has the
burden of proving that the reasonable requirements of the neighborhood and the desires of the
community require the granting of the license. A petition survey has been submitted; this information will
assist in the determination of the “desires & needs of the neighborhood”. It is noted that the petition
signature shows 100% favor for this type of license in this neighborhood.
The applicant has submitted a diagram of the premises. The owner Anthony Kerrigone and manager
Chad Wilkison will attend the meeting. The application fees for the liquor licensing have been submitted
for both the Town and State of Colorado. If the Authority decides to approve the application, a resolution
is attached, which if adopted takes this action.
Attachments
1. Addendum to Memo Outlining Role of Authority for New Liquor License Applications
2. Report of Findings
3. Resolution No. 16-01 Approving the Application of CTK, LLC d/b/a Chronic Taco’s for a Hotel and
Restaurant Liquor License
4. Colorado Liquor License Application including the following documents as part of the application
submittal:
4.1. Shopping Center Lease between CTK, LLC and 150 East Beaver Creek, LLC
4.2. Operating Agreement Diagram of premises
4.3. Diagram of Premises
4.4. Articles of Organization
4.5. Certificate of Good Standing
4.6. Individual History Record & Report from Avon Police Department
5. Petition to Avon Liquor Licensing Authority
New License Chronic Taco's Page 3
1. Addendum to Memo for New Liquor License Applications
Background on the Role of Liquor Licensing Authority in Consideration of New Licenses:
The Avon Town Council acting as the Local Liquor Licensing Authority has the duty to conduct hearings
and make findings of fact as to whether to grant or deny a new local liquor license. The State Licensing
Authority cannot grant or issue any "new license" until the Authority has first approved the application by
conducting a hearing for such license. If the Authority denies the application, the Executive Director of
the State of Colorado cannot override its decision. If the Authority approves a license, the State Licensing
Authority cannot refuse to issue the license except upon hearing with a 15-day notice to the applicant and
the Authority. Once the state license is received by the Town Clerk's Office and the Certificate of
Occupancy has been received from the Building Department, the Town and State licenses can be
issued.
The Town Clerk, Town Attorney and Police Department handle the review of the liquor license
applications administratively. A “Report of Findings” is completed by the Town Clerk & provided the
applicants five days prior to the hearing. The Authority members are provided the application materials
when it appears on the Liquor Board Agenda. A public hearing is conducted for all new applications. The
Local Authority’s decision is usually given at the conclusion of the hearing although it may be delayed.
The decision must be given in writing within 30 days after the date of the hearing and may follow in the
form of a resolution. The motion to approve or disapprove should be explicit stating the exact reasons
for denial or approval. A motion to deny a license must be based on evidence presented at the hearing.
The Liquor Code of Colorado provides that in making any decision, the Local Licensing Authority must
consider the following before approving or denying the application:
Facts and evidence resulting from the investigation and any facts brought to the attention of
the Authority.
The reasonable requirements of the neighborhood
The desires of the inhabitants of the neighborhood.
The number, type and availability of liquor outlets located in or near the neighborhood under
consideration.
Any other pertinent matters affecting the qualifications of the applicant for the conduct of the
type of business proposed.
Requests for licenses may be denied for various reasons such as the applicant is not of good moral
character, the applicant's character, record, or reputation is unsatisfactory, or the proposed outlet is
within 500 feet of any school.
PROCEEDINGS OF THE
LIQUOR LICENSING AUTHORITY OF THE
TOWN OF AVON
RESOLUTION NO. 16-01
SERIES OF 2016
A Resolution Approving the Application of CTK, LLC d/b/a Chronic Taco’s for a Hotel and Restaurant
License
WHEREAS, on August 9, 2016, the Liquor Licensing Authority of the Town of Avon (“the Authority”)
did receive and consider the application of CTK, LLC whose mailing address is PO Box 119121, Avon,
Colorado, for a Hotel and Restaurant License located at 150 E. Beaver Creek Blvd., Unit A101, Avon,
Colorado; and
WHEREAS, the Authority finds that Notice of Application was published in the Vail Daily on
July 29, 2015 and proof of publication by the publisher of the Vail Daily was received; and
WHEREAS, the Authority finds that the application was in proper form and accompanied by the
necessary supplementary evidentiary matter required by law, the regulations of the State of Colorado
and the Authority; and
WHEREAS, the application was supported by petitions with signatures that supported the application
in full with 100% of persons signing petition in favor of the Hotel and Restaurant License at said location;
and
WHEREAS, the neighborhood to be served by the proposed licensee has been determined to be the
Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town as
stated in Resolution No. 04-04 adopted on November 23, 2004; and
NOW, THEREFORE, THE LIQUOR LICENSING AUTHORITY OF THE TOWN OF AVON DOES FIND:
1. The applicant is of good moral character and reputation.
2. The neighborhood to be served by the applicant is the Town of Avon, including residents of the
Town, persons working in the Town and visitors to the Town.
3. There does exist a reasonable requirement in such neighborhood for the type of license for which
application is made as shown by the submitted petition.
4. The adult inhabitants of the Town desire that the license be granted.
ADOPTED THE 9th DAY OF August 2016
TOWN OF AVON, COLORADO
______________________________
Jennie Fancher, Chairman
__________________________
Debbie Hoppe, Secretary
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 26, 2016
AVON TOWN HALL, ONE LAKE STREET
LA 7-26-2016 Minutes Page 1
1. CALL TO ORDER AND ROLL CALL
Chairman Fancher called the meeting to order at 5:01 p.m. A roll call was taken and Board members
present were Jake Wolf, Buz Reynolds, Matt Gennett, Megan Burch, Scott Prince and Sarah Smith
Hymes. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Director
Matt Pielsticker, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill
and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No public comments made.
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. Applicant Name: Bright Future Foundation for Eagle County
Event Name: Boulder Symphony
Event Date: August 7, 2016
Event Name: Avon Live!
Event Date: August 10, 2016
Event Time: 4:00 p.m. until 9:00 p.m.
Location: Nottingham Park
Event Manager: Casey Angel
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented with no concerns. Chairman Fancher opened the public hearing and no
comments were made. Board member Reynolds moved to approve the Special Event Permit application
for the upcoming Boulder Symphony and Avon Live! events; Vice Chairman Wolf seconded the motion
and it passes unanimously by those present.
4.2. Applicant Name: Roundup River Ranch
Event Name: Campfire Games
Event Date: August 27, 2016
Event Time: 9:00 a.m. until 3:00 p.m.
Location: Nottingham Lake
Event Manager: Sarah Ingersoll
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented with no concerns. Chairman Fancher opened the public hearing and no
comments were made. Board member Gennett moved to approve the Special Event Permit application
for the upcoming Campfire Games event; Board member Reynolds seconded the motion and it passes
unanimously by those present.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 26, 2016
AVON TOWN HALL, ONE LAKE STREET
LA 7-26-2016 Minutes Page 2
5. MINUTES FROM JULY 12, 2016
Vice Chairman Wolf moved to approve the Minutes from July 12, 2016; Board member Gennett seconded
the motion and it passed unanimously by those present. Board member Prince abstained from the
vote.
6. ADJOURNMENT
There being no further business to come before the Board, the meeting adjourned at 5:07 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ______________________________________
Jake Wolf ______________________________________
Matt Gennett ______________________________________
Megan Burch ______________________________________
Albert “Buz” Reynolds ______________________________________
Scott Prince ______________________________________
Sarah Smith Hymes ______________________________________
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ordinance No. 16-16 Approving Comcast Franchise Agreement
DATE: August 3, 2016
SUMMARY: The Town of Avon entered into a 15 year Franchise Agreement with TCI Cablevision of the
Rockies which expired in 2010. The TCI Franchise Agreement was assigned to Comcast years ago. Avon
Town staff has pursued negotiations with Comcast for renewal of the Franchise Agreement for several
years. Initially, Avon followed the Franchise Agreement renewal process in Vail, which was a
comprehensive review process.
The majority of terms of the Franchise Agreement follow a common form adopted by Comcast and the
vast majority of communities in Colorado, including the Town of Vail. The Franchise Agreement includes
the same 5% franchise fee and provisions concerning the level of service for the Town as in the prior
Franchise Agreement. During Town Council and community review in 2014, two terms remained
unresolved, including (1) the ability of the Town of Avon to increase the PEG Fees higher than 50 cents per
month for individual subscribers, and (2) the ability to re-negotiate the Franchise Agreement when
regulatory changes occur. The remaining terms of the Franchise Agreement were reviewed and tentatively
accepted by Council in 2014. These outstanding issues are discussed below. The Term of the Franchise
Agreement is through the end of 2022 (i.e. a little more than 6 years). The Town of Avon will have the
ability to initiate Franchise Agreement renewal negotiations in 2021 (i.e. in 5 years).
Council approved First Reading of Ordinance No. 16-16 at its regular meeting on July 26, 2016.
Second reading is presented for Council’s consideration. Pursuant to the Avon Home Rule Charter,
Council must conduct a public hearing on second reading.
PROPOSED MOTION: “I move to approve on second and final reading Ordinance No. 16-16 Approving a
Franchise Agreement with Comcast of Colorado VII, LLC for the Provision of Cable Services in the Town of
Avon.”
PEG FEES: PEG Fees are additional fees that can be imposed to support local community public access
channels. PEG Fees can only be used for capital improvements. Pursuant to Town Council direction,
Town staff proposed language that would have allowed the Town to raise the monthly PEG Fee above 50
cents per month up to 75 cents per month for residential customers and above 25 cents per month to 40
cents per month for bulk subscribers.
Upon further negotiations with Comcast and research of Comcast Franchise Agreements with other
communities, it was determined that Comcast has only approved PEG Fees higher than 50 cents per
month for residential users in very rare situations where extensive research demonstrated an immediate
and significant need for capital improvements. Comcast feels that higher PEG Fees may have a direct
impact on Comcast’s ability to compete with other television service providers. Comcast did indicate that it
was willing to advance funds for capital improvements which would then be reimbursed through PEG Fees
and that Comcast has implemented this approach in other communities. Town staff worked closely with
Channel 5 to determine capital improvement needs for the Avon community. Based upon this research,
Town staff negotiated a new Section 9.5(B) Initial Capital Contribution whereby Comcast will advance
M EMORANDUM & PLANNING, LLC
Avon Town Council
Comcast Franchise Agreement Renewal
August 3, 2016
Page 2 of 2
$18,000 for immediate capital improvements and shall retain 70% of PEG Fees until the Initial Capital
Contribution is reimbursed.
REGULATORY CHANGES: The Franchise Agreement addresses regulatory changes in Section 14.5.
The standard language states that both parties agree to use best efforts to renegotiate the Franchise
Agreement if regulations change or expand the rights of either party. Town staff had proposed language
that would have allowed the Town to terminate the Franchise Agreement after 2 years if negotiations were
not successful. Comcast was resistant to the language the Town proposed, which Comcast has not
adopted in any other Franchise Agreement. At this point, considering the short term of the Franchise
Agreement, Town staff feels that the concern about the Town’s rights to renegotiate if regulatory changes
occur is reduced commensurately with the short Term. Therefore, Town staff is recommending that the
Town not pursue further language that allows the Town to terminate the Franchise Agreement if regulatory
changes occur and re-negotiation of the Franchise Agreement before expiration of the remaining Term is
not successful.
Thank you, Eric
Attachments: Ordinance No. 16-16 with Exhibit A: Comcast Franchise Agreement
Ord. 16-16 Approving Comcast Franchise Agreement
FINAL – August 9, 2016
Page 1 of 3
TOWN OF AVON
ORDINANCE 16-16
APPROVING A FRANCHISE AGREEMENT WITH
COMCAST OF COLORADO VII, LLC FOR THE PROVISION OF
CABLE SERVICES IN THE TOWN OF AVON
WHEREAS, the Town of Avon, Colorado, (“Town”) and TCI Cablevision, the predecessor of
Comcast Colorado VII, LLC (“Comcast”), entered into a Franchise Agreement on January 1,
1996, to allow TCI Cablevision to provide cable service to subscribers of such service in the
Town of Avon, which Franchise Agreement expired on December 31, 2010, and then continued
on a month by month basis in accordance with the Federal Telecommunications Act of 1996;
WHEREAS, negotiations for a new Franchise Agreement have been on-going;
WHEREAS, during negotiations the performance and technical issues of the expired Franchise
Agreement were met within the Town;
WHEREAS, no outstanding areas of noncompliance have been identified within the Town;
WHEREAS Section 17.6 of the Avon Town Charter authorizes the Town Council to grant a
franchise by ordinance and to establish the term, fees, compensation, conditions and any other
matters related to the granting of franchises; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to provide public comment
on this Ordinance 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, THAT:
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. Franchise Agreement Approved. The Franchise Agreement between the Town
and Comcast is hereby approved in the form attached hereto as Exhibit A, for a term of six (6)
years, commencing on September 8, 2016.
Ord. 16-16 Approving Comcast Franchise Agreement
FINAL – August 9, 2016
Page 2 of 3
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
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. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross-reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[Signature page follows]
Ord. 16-16 Approving Comcast Franchise Agreement
FINAL – August 9, 2016
Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on July 26, 2016 and setting such public hearing for August 9, 2016 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on August 9, 2016.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
EXHIBIT A:
TOWN OF AVON – COMCAST
FRANCHISE AGREEMENT
September 8, 2016
TOWN OF AVON - COMCAST
FRANCHISE AGREEMENT
September 8, 2016
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON
Sept. 8, 2016 – Dec. 31, 2022
Page 1 of 32
TABLE
OF
CONTENTS
FRANCHISE
AGREEMENT
................................................................................................................................
3
SECTION
1.
DEFINITIONS
.....................................................................................................................................
3
SECTION
2.
GRANT
OF
FRANCHISE
.....................................................................................................................
6
2.1
Grant
......................................................................................................................................................
6
2.2
Use
of
Public
Ways
................................................................................................................................
7
2.3
Term
......................................................................................................................................................
8
2.4
Effective
Date
........................................................................................................................................
8
2.5
Competitive
Equity
................................................................................................................................
8
2.6
Familiarity
with
Agreement
and
Acceptance
........................................................................................
9
SECTION
3.
FRANCHISE
FEE
AND
FINANCIAL
CONTROLS
...................................................................................
9
3.1
Franchise
Fee
.........................................................................................................................................
9
3.2
Payments
...............................................................................................................................................
9
3.3
Audits
.....................................................................................................................................................
9
3.4
Additional
Commitments
Not
Franchise
Fees
.....................................................................................
10
3.5
Payment
on
Termination
.....................................................................................................................
10
3.6
Service
Packages
..................................................................................................................................
10
3.7
Tax
Liability
..........................................................................................................................................
10
SECTION
4.
ADMINISTRATION
AND
REGULATION
...........................................................................................
10
4.1
Rates
and
Charges
...............................................................................................................................
10
4.2
No
Rate
Discrimination
........................................................................................................................
11
4.3
Time
Limits
Strictly
Construed
.............................................................................................................
11
4.4
Performance
Evaluations
.....................................................................................................................
11
4.5
Late
Fees
and
Disconnection
...............................................................................................................
11
SECTION
5.
FINANCIAL
AND
INSURANCE
REQUIREMENTS
..............................................................................
11
5.1
Indemnification
...................................................................................................................................
11
5.2
Indemnification
Procedures
and
Defense
...........................................................................................
12
5.3
Insurance
.............................................................................................................................................
12
5.4
Letter
of
Credit
....................................................................................................................................
14
SECTION
6.
CUSTOMER
SERVICE
.......................................................................................................................
14
6.1
Service
Availability
...............................................................................................................................
14
6.2
Customer
Service
Standards
................................................................................................................
15
6.3
Customer
Privacy
.................................................................................................................................
15
6.4
Customer
Service
Agreement
and
Manual
..........................................................................................
15
SECTION
7.
RECORDS
........................................................................................................................................
15
7.1
Required
Records
................................................................................................................................
15
7.2
Proprietary
Information
......................................................................................................................
18
7.3
Copies
of
Federal
and
State
Reports
...................................................................................................
18
SECTION
8.
PROGRAMMING
.............................................................................................................................
19
8.1
Broad
Programming
Categories
..........................................................................................................
19
8.2
Obscenity
.............................................................................................................................................
19
8.3
Services
for
the
Disabled
.....................................................................................................................
19
8.4
Parental
Control
Device
.......................................................................................................................
17
8.5
Complimentary
Cable
Service
..............................................................................................................
18
SECTION
9.
ACCESS
............................................................................................................................................
18
9.1
Access
Channels
..................................................................................................................................
18
9.2
Underutilized
Access
Channels
............................................................................................................
18
9.3
Access
Channel
Location
.....................................................................................................................
19
9.4
Access
Channel
Promotion
..................................................................................................................
19
9.5
PEG
Fee
................................................................................................................................................
19
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON
Sept. 8, 2016 – Dec. 31, 2022
Page 2 of 32
9.6
Return
Lines
.........................................................................................................................................
20
SECTION
10.
USE
OF
PUBLIC
WAYS
...........................................................................................................................
20
10.1
Construction
and
Maintenance
...........................................................................................................
20
10.2
Location
and
Movement
of
Facilities
..................................................................................................
21
10.3
Acquisition
of
Facilities
........................................................................................................................
22
10.4
Reservation
of
Public
Ways
.................................................................................................................
22
10.5
Discontinued
Facilities
.........................................................................................................................
22
10.6
Use
of
Conduit
or
Ducts
.......................................................................................................................
22
10.7
Undergrounding
..................................................................................................................................
23
10.8
Tree
Trimming
.....................................................................................................................................
23
10.9
GIS
Mapping
........................................................................................................................................
23
SECTION
11.
CABLE
SYSTEM
DESIGN
AND
TECHNICAL
STANDARDS
........................................................................
24
11.1
Technical
Performance
........................................................................................................................
24
11.2
Cable
System
Performance
Testing
.....................................................................................................
24
11.3
Standby
Power
....................................................................................................................................
24
SECTION
12.
VIOLATIONS
AND
REVOCATION
...........................................................................................................
24
12.1
Procedure
for
Remedying
Violations
...................................................................................................
24
12.2
Alternative
Remedies
..........................................................................................................................
25
12.3
Liquidated
Damages
............................................................................................................................
25
12.4
Revocation
...........................................................................................................................................
27
12.5
Purchase
of
the
Cable
System
.............................................................................................................
28
SECTION
13.
TRANSFER
.............................................................................................................................................
28
13.1
Transfer
of
Ownership
or
Control
.......................................................................................................
28
SECTION
14.
MISCELLANEOUS
...................................................................................................................................
30
14.1
Cumulative
Rights
................................................................................................................................
30
14.2
Costs
to
be
Borne
by
Comcast
.............................................................................................................
30
14.3
Binding
Effect
......................................................................................................................................
30
14.4
Modification
........................................................................................................................................
30
14.5
Regulatory
Changes
.............................................................................................................................
30
14.6
Governing
Law
and
Venue
...................................................................................................................
30
14.7
No
Joint
Venture
..................................................................................................................................
31
14.8
Waiver
.................................................................................................................................................
31
14.9
Severability
..........................................................................................................................................
31
14.10
Force
Majeure…………………………………………………………………………………………………………………...............
31
14.11
Entire
Agreement……………………………………………………………………………………………………………...............
31
14.12
Notices………………………………………………………………………………………………………………………………............
31
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON
Sept. 8, 2016 – Dec. 31, 2022
Page 3 of 32
FRANCHISE AGREEMENT
This Franchise Agreement ("Agreement") is made between the Town of Avon,
Colorado, a Colorado home rule municipality ("Town") and Comcast of Colorado VII, LLC
("Comcast"), on September 8, 2016.
WHEREAS, the Town, having determined that the financial, legal, and technical ability
of Comcast is reasonably sufficient to provide the services, facilities, and equipment necessary to
meet the future cable-related needs of the community, desires to enter into this Agreement with
Comcast for the operation and maintenance of a cable system on the terms and conditions set
forth herein.
NOW THEREFORE, the Town and Comcast agree as follows:
SECTION 1. DEFINITIONS
For purposes of this Agreement, the following terms shall have the following meanings,
provided that terms not defined, or those defined, but not capitalized within the text, shall be
given their common and ordinary meaning, and the word "shall" is always mandatory:
"Access" includes Public Access, Educational Access and Governmental Access, collectively
and means the availability for Noncommercial use by various governmental and educational
agencies, institutions and organizations in the community of particular channels on the Cable
System to receive and distribute Video Programming to subscribers as permitted under
applicable law.
"Access Channel" means any Channel designated for Access purposes or otherwise made
available to facilitate Access programming.
"Affiliate" when used in connection with Comcast means any Person who owns or controls, is
owned or controlled by, or is under common ownership or control of Comcast.
"Bad Debt" means amounts lawfully owed by a Subscriber and accrued as revenues on the books
of Comcast, but not collected after reasonable efforts by Comcast.
"Basic Service" means any Cable Service Tier that includes, at a minimum, the retransmission of
local television Broadcast Signals and PEG Access Channels required in this Franchise and any
additional programming added by the Town and made available to all Subscribers in the
Franchise Area.
"Broadcast Signal" means a television or radio signal transmitted over the air to a wide
geographic audience, and received by a Cable System off-the-air by antenna, microwave,
satellite dishes or any other means.
"Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable
Television Consumer Protection and Competition Act of 1992, as amended by the
Telecommunications Act of 1996, and any amendments thereto.
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON
Sept. 8, 2016 – Dec. 31, 2022
Page 4 of 32
"Cable Operator" means any Person or group of Persons, including Comcast, who provides
Cable Service over the Cable System and directly or through one or more Affiliates owns a
significant interest in such Cable System or who otherwise controls or is responsible for, through
any arrangement, the management and operation of the Cable System.
"Cable Service" means the one-way transmission to Subscribers of Video Programming, or other
programming service and Subscriber interaction, if any, that is required for the selection or use
of such Video Programming or other programming service.
"Cable System" means Comcast's facility, consisting of a set of closed transmission paths and
associated signal generation, reception and control equipment, designed to provide Cable Service
that includes Video Programming and provided to Subscribers in the Franchise Area.
"Channel" means a portion of the frequency band capable of carrying a Video Programming
Service or combination of Video Programming Services, whether by analog or digital signal, on
a twenty-four (24) hour per day basis or a portion thereof.
"Designated Access Provider" means an entity designated by the Town to manage or co-manage
Public, Educational or Governmental Access Channels and facilities. The Town may be a
Designated Access Provider.
"Dwelling Unit" means any building or portion thereof that has independent living facilities,
including provisions for cooking, sanitation and sleeping, and that is designed for residential
occupancy.
"Educational Access" means Access where Schools are the primary users having editorial
control over programming and services.
"Emergency" means any condition constituting a clear and present danger to life or property.
"Expanded Basic Service" means cable programming services not included in the Basic Service
and excluding premium or pay-per-view services.
"FCC" means the Federal Communications Commission or its lawful successor.
"Fiber Optic" means a transmission medium of optical fiber cable, along with all associated
electronics and equipment capable of carrying electric lightwave pulses.
"Franchise Area" means the area within the jurisdictional boundaries of the Town, including
any areas hereafter annexed by Town.
"Franchise Fee" includes any tax, fee or assessment of any kind imposed by the Town on
Comcast or Subscribers, or both solely because of their status as such, but excluding: (i) any tax,
fee or assessment of general applicability (including any such tax, fee, or assessment on both
utilities and Cable Operators or their services, but not including a tax, fee, or assessment that is
unduly discriminatory against Cable Operators or cable Subscribers); (ii) capital costs that are
required by the Agreement to be incurred by Comcast for Access facilities; (iii) requirements or
charges incidental to the awarding or enforcing of the Agreement, including but not limited to,
payments for bonds, letters of credit, insurance, indemnification, penalties or liquidated
damages; or (iv) any fee imposed under Title l7, United States Code.
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON
Sept. 8, 2016 – Dec. 31, 2022
Page 5 of 32
"Governmental Access" means Access where governmental institutions or their designees are
the primary users having editorial control over programming and services.
"Gross Revenue" means all revenue derived directly or indirectly by Comcast or its Affiliates
from the operation of the Cable System in the Franchise Area, including without limitation
monthly and other fees charged Subscribers for Cable Service including Basic Service,
Expanded Basic Service, any expanded Tiers of Cable Service, other Tiers of Cable Service,
optional Premium Service, pay-per-view and per-program Channels, Cable Service installation,
disconnection, reconnection and change-in-service fees, Leased Access Channel fees, remote
control rental fees, late fees and administrative fees, consideration received by Comcast from
programmers for carriage of Cable Service on the Cable System and recognized as revenue under
generally accepted accounting principles ("GAAP"), revenues from rentals of converters or other
Cable System equipment, advertising sales revenues (including local, regional and a pro rata
share of national advertising carried on the Cable System in the Franchise Area but excluding
commissions paid to an unaffiliated agency), revenues from program guides, additional outlet
fees, revenue from the sale or carriage of other Cable Service, and revenues from home
shopping. Franchise Fees are included in Gross Revenue. Gross Revenue does not include (i) to
the extent consistent with GAAP, Bad Debt, provided, however, that any part of such Bad Debt
that is written off but subsequently collected shall be included in Gross Revenue in the period
collected; or (ii) any taxes on services furnished by Comcast that are imposed directly on any
Subscriber or user by the State, Town or other governmental unit and that are collected by
Comcast on behalf of said governmental unit; or (iii) capital costs or contributions required by
this Franchise.
"Headend" or "Hub" means a facility for signal reception and dissemination on a Cable System,
including cable, antennas, wires, satellite dishes, monitors, switchers, modulators, processors for
Broadcast Signals or other signals, and all other related equipment and Facilities.
"Incremental Costs" means Comcast's direct and actual material and labor cost (excluding
profit) of constructing, relocating or placing additional facilities for the Town, excluding the
costs that Comcast would otherwise incur to construct, relocate or place facilities for Comcast
including, but not limited to, trenching, pipe bedding, backfilling, compacting, restoring the
surface, and other charges, costs or expenses.
"Interconnect" or "Interconnection" means the provision of Access Channel programming to a
geographically contiguous cable system, including technical, engineering, physical, and other
necessary components to accomplish, complete and adequately maintain such provisioning.
"Late fee" means and includes any assessment, charge, cost, fee or sum, however characterized,
that Comcast imposes upon a Subscriber solely for late payment of a bill is a late fee.
"Leased Access Channel" means any Channel or portion of a Channel commercially available
for programming in accordance with Section 612 of the Cable Act.
"Noncommercial" means, in the context of Access Channels, those particular products and
services that are not promoted or sold in order to generate revenue that exceeds the costs of
operations for the Town or any Designated Access Provider. This term shall not be interpreted
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON
Sept. 8, 2016 – Dec. 31, 2022
Page 6 of 32
to prohibit an Access Channel operator or programmer from soliciting and receiving
contributions used to produce and transmit Video Programming on an Access Channel, or from
acknowledging a contribution, in the manner of the Corporation for Public Broadcasting or some
similar manner, subject to applicable law.
"Person" means any natural person, lawful trustee, successor, assignee, transferee, or personal
representative, sole proprietorship, partnership, joint venture, association, or limited liability
entity or corporation, or any other form of entity or organization.
"Public Access" means Access where any member of the general public may be a programmer
on a nondiscriminatory basis, subject to operating rules formulated by the Town or its designee.
Such rules shall not be designed to control the content of public access programming. Such rules
may also address the extent to which and manner in which members of the general public who
are not residents of the Town may be programmers on the Access Channel.
"Public Way" means land in the Franchise Area acquired for or dedicated to the public and
maintained under public authority, including but not limited to public streets, roads, highways,
avenues, lanes, alleys, bridges, sidewalks, easements, and similar public property.
"Residential Subscriber" means any Person who receives Cable Service delivered to a Dwelling
Unit, excluding such multiple Dwelling Units billed on a bulk-billing basis.
"Standard Installation" means a one hundred twenty five (125) foot drop connecting to the
exterior demarcation point.
"State" means the State of Colorado.
“Subscriber” means any Person who or which elects to subscribe to, for any purpose, Cable
Service provided by Grantee by means of or in connection with the Cable System and whose
premises are physically wired and lawfully Activated to receive Cable Service from Grantee's
Cable System, and who is in compliance with Grantee’s regular and nondiscriminatory terms and
conditions for receipt of service.
"Tier" means a category of Cable Service provided by Comcast for which a separate rate is
charged.
"Video Programming" means programming provided by, or generally considered comparable to
programming provided by, a television broadcast station, or cable programming provider
primarily consisting of full motion video and audio.
SECTION 2. GRANT OF FRANCHISE
2.1 GRANT
(A) The Town hereby grants to Comcast a nonexclusive authorization to make reasonable and
lawful use of the Public Ways to construct, operate, maintain, reconstruct, repair and upgrade the
Cable System for the purpose of providing Cable Service, subject to this Agreement and
applicable law. Comcast shall provide Cable Service, as authorized by this Agreement, in the
Franchise Area in accordance with line extension and density provisions as provided herein. The
franchise granted by this Agreement is subject to all prior rights, interests, easements, or
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON
Sept. 8, 2016 – Dec. 31, 2022
Page 7 of 32
franchises granted by Town or its predecessors to any Person to any property or Public Way,
including the right of the Town to use same for any purpose it lawfully deems fit. This
Agreement conveys limited rights and interests in only those Public Ways in which the Town has
an actual interest; it is not a warranty of title or interest in any property.
(B) Comcast shall comply with the Avon Town Code and the lawful exercise of the Town’s
police power. Subject to the Town’s lawful exercise of its police power, in the event of a
conflict between the Avon Town Code and the Agreement, the Agreement shall govern.
Comcast acknowledges that the Town may enforce or modify its generally applicable regulatory
policies by lawful exercise of the Town's police powers throughout the term of this Agreement,
and Comcast agrees to comply with such lawful enforcement or modifications. Comcast
reserves the right to challenge provisions of any ordinance, rule, regulation or other enactment of
the Town that conflicts with its contractual rights under the Franchise, either now or in the
future. This Agreement shall not be interpreted to prevent the Town from imposing other
conditions, to the extent permitted by law.
(C) No rights shall pass to Comcast by implication. Without limiting the foregoing, by way
of example and not limitation, this Agreement shall not be a substitute for: any other permit or
authorization required for the privilege of transacting and carrying on a business within the Town
that is required by the Town; any permit, agreement or authorization required by the Town for
Public Way users in connection with operations on or in Public Ways or public property; or any
permits or agreements for occupying any other property to which access is not specifically
granted by this Agreement.
(D) This Agreement is an express authorization to provide Cable Service only. This
Agreement is not a bar to the imposition of any lawful conditions on Comcast with respect to
non-Cable Service, telecommunications services or information services, whether similar,
different or the same as the condition specified herein. This Agreement does not relieve
Comcast of any obligation it may have to obtain from the Town an authorization to provide non-
Cable Service, telecommunications services or information services or relieve Comcast of its
obligation to comply with any such authorization(s) that may be lawfully required.
(E) This Agreement shall have no effect on any obligation of Comcast in effect prior to the
effective date of this Agreement to indemnify or insure the Town against acts and omissions
occurring during the period that the prior franchise agreement was in effect, nor shall it have any
affect upon liability to pay Franchise Fees that were due and owed under a prior franchise.
2.2 USE OF PUBLIC WAYS
(A) Subject to the Avon Town Code, as amended, Comcast may erect, install, construct,
repair, replace, reconstruct, and retain in, on, over, under, upon, across, through, below and along
the Public Ways, such wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers,
appliances, pedestals, attachments and other property and equipment as are necessary and
appurtenant to the operation of the Cable System.
(B) Comcast shall install Cable System facilities in a manner that minimizes interference with
the use of the Public Ways by others. To protect public health, safety and welfare, the Town
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON
Sept. 8, 2016 – Dec. 31, 2022
Page 8 of 32
may: require that Cable System facilities be installed at a particular time, at a specific place or in
a particular manner as a condition of access to a particular Public Ways; deny access if Comcast
is not willing to comply with Town's requirements; remove, or require removal of, any facility
that is not installed in compliance with the requirements established by Town, or that is installed
without prior Town approval of the time, place or manner of installation and charge Comcast for
all the costs associated with removal; and require Comcast to cooperate with others to minimize
adverse impacts on the Public Ways through joint trenching and other arrangements.
2.3 TERM
This Agreement shall have a term of six (6) years, beginning on the Effective Date and shall
expire on December 31, 2022.
2.4 EFFECTIVE DATE
The Effective Date of this Agreement shall be September 8, 2016.
2.5 COMPETITIVE EQUITY
(A) Comcast acknowledges and agrees that the Town reserves the right to grant additional
franchises to provide Cable Service in the Franchise Area; provided that if any such franchise is
granted by the Town which, in the reasonable opinion of Comcast, contains more favorable or
less burdensome Material Terms and Conditions than this Agreement, the Town agrees that,
within ninety (90) days of Comcast's request, the parties shall amend this Franchise to insure that
the regulatory and financial burdens on each entity are materially equivalent. "Material Terms
and Conditions" includes without limitation: Franchise Fees; insurance coverage amounts;
System build-out requirements; Public, Education and Government Access Channels and
support; customer service standards; required reports and related record keeping; and notice and
opportunity to cure breaches. The parties agree that this Subsection does not require a word for
word identical franchise or authorization for a competitive entity if the regulatory and financial
burdens on each entity are materially equivalent.
(B) If an application for a new cable franchise is filed with the Town proposing to serve the
Franchise Area, in whole or in part, the Town shall make a good faith effort to provide notice of
such application upon Comcast prior to acting on the application.
(C) Notwithstanding any provisions to the contrary, at any time that a facilities-based Cable
Services provider, legally authorized by state or Federal law, makes Cable Services or multiple
Channels of Video Programming within the Franchise Area available for purchase by
Subscribers without a franchise or other similar lawful authorization granted by the Town, then
Comcast may seek modification pursuant to subsection (A) hereof, or the term of this Franchise
shall, upon ninety (90) days written notice from Comcast, be shortened so that the Franchise
shall be deemed to expire on a date six (6) months from the first day of the month following the
date of Comcast's notice; provided, however, that if the provision of Cable Services or Video
Programming by the other facilities-based Cable Services Provider within the Franchise Area is
being legally challenged by the Town, the term of this Franchise shall remain unaffected until
such legal challenge is concluded.
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON
Sept. 8, 2016 – Dec. 31, 2022
Page 9 of 32
2.6 FAMILIARITY WITH AGREEMENT AND ACCEPTANCE
(A) Comcast acknowledges and warrants that it has carefully read and fully comprehends the
terms of this Agreement and that it has fully considered the requirements of this Agreement, and
finds that the same are commercially practicable at this time and consistent with all local, State
and federal laws and regulations currently in effect.
(B) By executing this Agreement, Comcast: (1) acknowledges and accepts the Town's legal
right to issue and enforce the Agreement; (2) agrees that it will not oppose the Town's lawful
intervention in any legal or regulatory proceeding affecting the Cable System; (3) accepts and
agrees to comply with every provision of this Agreement; and (4) agrees that the Agreement was
negotiated in compliance with applicable law, and that it will not raise any claim to the contrary.
SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS
3.1 FRANCHISE FEE
As compensation for the use of the Public Ways, Comcast shall pay as a Franchise Fee to Town,
for the duration of this Agreement, an amount equal to five percent (5%) of Comcast's Gross
Revenue.
3.2 PAYMENTS
(A) Franchise Fee payments to Town shall be computed quarterly for the preceding calendar
quarter ending March 31, June 30, September 30, and December 31. Each quarterly payment
shall be due and payable no later than forty-five (45) days after said dates. For untimely
payments, Comcast shall pay, in addition to the payment or sum due, interest from the due date
at the rate of eight percent (8%) per annum until the date the Town receives the payment.
(B) No acceptance of payment shall be construed as an accord by Town that the amount paid
is the correct amount, nor shall an acceptance of payment be construed as a release of any claim
Town may have against Comcast. The period of limitation for recovery of Franchise Fees
payable hereunder shall be three (3) years from the date on which payment by Comcast was due
or such shorter period of time if so provided by law.
(C) A report prepared by a representative of Comcast showing the basis for the computation
of the Franchise Fees paid during that period shall either accompany the Franchise Fee payment
or be provided under separate cover within ten days of the report.
3.3 AUDITS
(A) On an annual basis, upon thirty (30) days' prior written notice, the Town may conduct an
independent audit of Comcast's financial records necessary to ensure compliance with this
Agreement. If Comcast cooperates in making all relevant records available upon request, the
Town will in good faith attempt to complete each audit within six (6) months, and the audit
period shall not be any greater than the previous three (3) years.
(B) Additional amounts due to the Town as a result of the audit shall be paid within sixty (60)
days following written notice to Comcast. If a Franchise Fee underpayment is discovered as the
result of an audit, Comcast shall pay, in addition to the amount due, interest at the maximum
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON
Sept. 8, 2016 – Dec. 31, 2022
Page 10 of 32
allowed rate as provided under State law calculated from the date the underpayment was
originally due until the date the Town receives the payment.
(C) If the audit shows that Franchise Fees have been underpaid by five percent (5%) or more
in a calendar year, Comcast shall pay the actual cost of the audit in a total amount not to exceed
$10,000.
3.4 ADDITIONAL COMMITMENTS NOT FRANCHISE FEES
No term of this Agreement shall affect Comcast's obligation to pay Franchise Fees. Although
the total sum of Franchise Fee payments and additional commitments set forth elsewhere in this
Agreement may total more than five percent (5%) of Gross Revenue in any twelve-month period,
Comcast agrees that the additional commitments regarding PEG funding and Access Channels
are not Franchise Fees, nor are they to be offset or credited against Franchise Fee payments
unless specifically provided by applicable law.
3.5 PAYMENT ON TERMINATION
Within one hundred twenty (120) days of termination of this Agreement, Comcast shall file with
the Town a financial statement, certified by an independent certified public accountant, showing
the Gross Revenue received by Comcast since the end of the previous fiscal year. Within forty-
five (45) days of the filing of the certified statement with the Town, Comcast shall pay any
unpaid amounts as indicated. If Comcast fails to satisfy its remaining financial obligations as
required in this Agreement, the Town may do so by utilizing the funds available in a Letter of
Credit or other security provided by Comcast.
3.6 SERVICE PACKAGES
If Comcast offers bundled Cable Service and non-Cable Service to Subscribers, Comcast shall
fairly and reasonably allocate revenue with regard to Cable Service.
3.7 TAX LIABILITY
The Franchise Fees shall be in addition to all taxes or other levies or assessments now or
hereafter required to be paid by businesses by any applicable law including without limitation
sales, use, utility and other taxes, and business license fees.
SECTION 4. ADMINISTRATION AND REGULATION
4.1 RATES AND CHARGES
(A) Comcast's rates and charges for Cable Service shall be subject to regulation by Town to
the full extent authorized by applicable federal, State and local laws. Subscriber billing shall be
itemized by service pursuant to FCC Regulation, 47 C.F.R. § 76.1619 or as amended.
(B) Comcast will use best efforts to maintain with the Town a current schedule of applicable
rates charged for Cable Service provided under this Agreement. The Town recognizes that such
rates change periodically, and if the Town clerk has reason to believe that the schedule of rates
on file is not up to date, then upon three (3) days advance request, Comcast shall provide the
Town with a current and complete schedule of applicable rates and charges for Cable Service
provided to Subscribers in the Town. Nothing in this Subsection shall be construed to require
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON
Sept. 8, 2016 – Dec. 31, 2022
Page 11 of 32
Comcast to file rates and charges under temporary reductions or waivers of rates and charges in
conjunction with promotional campaigns.
4.2 NO RATE DISCRIMINATION
All Comcast rates and charges shall be published (in the form of a publicly-available rate card),
made available to the public, and shall be non-discriminatory as to all Persons of similar classes,
under similar circumstances. Nothing herein shall be construed to prohibit:
(1) The temporary reduction or waiving of rates or charges in conjunction with
promotional campaigns;
(2) The offering of reasonable discounts to similarly situated Persons; or
(3) The offering of bulk discounts for multiple Dwelling Units.
4.3 TIME LIMITS STRICTLY CONSTRUED
When this Agreement sets forth a time for any act to be performed by Comcast, such time shall
be deemed to be of the essence, and any failure of Comcast to perform within the allotted time
may be considered a breach of this Agreement.
4.4 PERFORMANCE EVALUATIONS
Special evaluation sessions may be held at any time upon written request and upon not less than
thirty (30) days prior notice by the Town during the term of this Agreement. All such evaluation
sessions shall be open to the public. Topics that may be discussed at any evaluation session may
include those issues surrounding Comcast's failure to comply with the terms of the Agreement
provided that nothing in this Subsection shall be construed as requiring the renegotiation of this
Agreement or any term or provision therein and further provided that this Subsection need not be
followed before other legal or equitable remedies within this Agreement.
4.5 LATE FEES AND DISCONNECTION
Comcast's late fee and disconnection policies and practices shall be nondiscriminatory, and such
policies and practices, and any fees imposed pursuant to this Subsection, shall apply equally
throughout the Franchise Area without regard to the neighborhood or income level of the
Subscribers.
SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS
5.1 INDEMNIFICATION
(A) Comcast, at its own expense, shall indemnify, defend and hold harmless the Town, its
officers, officials, boards, commissions, agents, representatives and employees, from any action
or claim for injury, damage, loss, liability, settlement, proceeding, judgment, or cost or expense,
including court and appeal costs and attorney fees and expenses, arising from any casualty or
accident to Person or property, including, without limitation, copyright infringement,
defamation, and all other damages in any way arising out of, or by reason of, any construction,
excavation, erection, operation, maintenance, repair or reconstruction, or any other act done
under this Agreement, by or for Comcast, its authorized agents, or by reason of any neglect or
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omission of Comcast, its authorized agents or its employees. Comcast shall consult and
cooperate with the Town while conducting its defense of the Town.
(B) The provisions of this Section 5 shall survive the termination of this Agreement unless
superseded by indemnification provisions in a new franchise or in federal or state law.
(C) Subject to applicable law, Comcast shall indemnify the Town for any damages, including
but not limited to damages incurred as a result of delay, payable by the Town related to
Comcast's failure to properly install, remove, adjust or relocate any of its facilities in the Public
Ways in accordance with any lawful relocation required by the Town.
(D) Comcast shall also indemnify, defend and hold the Town harmless for any claim for
injury, damage, loss, liability, cost and expense, including court and appeal costs and attorney
fees and expenses in any way arising out of any failure by Comcast to secure consents from the
owners, authorized distributors or franchisees/licensors of programs to be delivered by the Cable
System, provided however, that Comcast will not be required to indemnify the Town for any
claims arising out of the use of Access Channels by the Town or its Designated Access Provider
or use by the Town of the emergency alert system.
5.2 INDEMNIFICATION PROCEDURES AND DEFENSE
(A) If a claim or action arises, the Town or any other indemnified party shall promptly tender
the defense of the claim or action to Comcast, which defense shall be at Comcast's expense. The
Town may participate in the defense of a claim and Comcast may not agree to any settlement of
claims without the Town's written approval, which shall not be unreasonably withheld.
(B) The fact that Comcast carries out any activities under this Agreement through
independent contractors shall not constitute an avoidance of or defense to Comcast's duty of
defense and indemnification.
(C) If separate representation is necessary, such as a conflict of interest between the Town
and the counsel selected by Comcast to represent the Town, Comcast shall select other counsel.
5.3 INSURANCE
(A) Comcast shall maintain at all times in full force and effect at its own expense each of the
following policies of insurance:
(1) Commercial General Liability coverage for bodily injury, personal injury, and
property damage with limits of no less than one million dollars ($1,000,000) per
occurrence. The general aggregate limit shall be no less than two million dollars
($2,000,000).
(2) Commercial Automobile Liability Insurance with minimum combined single
limits of at least one million dollars ($1,000,000) each occurrence and two million dollars
($2,000,000) aggregate with respect to each of Comcast's owned, hired and non-owned,
or any other vehicles assigned to or used in any activities authorized under or used in
conjunction with this Agreement.
(3) Employer's Liability with limits of at least one million dollars ($1,000,000).
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(4) Workers' Compensation insurance shall be maintained during the life of this
Agreement to comply with State law for all employees.
(B) Each policy shall provide that the insurance shall not be canceled or terminated so as to
be out of compliance with these requirements without forty-five (45) days' prior written notice,
and ten (10) days' notice for nonpayment of any premium. Comcast shall maintain continuous
uninterrupted insurance coverage, in at least the amounts required, until all work required to be
performed under the terms of this Agreement is satisfactorily completed and, in the case of
Commercial General Liability Insurance, for at least one (1) year after termination of this
Agreement. A failure of Comcast to comply with any claim reporting provisions or any breach
of an insurance policy warranty shall not affect coverage afforded under the policy to protect the
Town. However, if coverage is not afforded under these circumstances, Comcast shall
indemnify the Town for losses the Town otherwise would have been covered for as an additional
insured.
(C) All insurance policies, except Workers' Compensation, shall contain a waiver of transfer
rights of recovery (subrogation) against the Town, its officers, officials, agents, and employees
for any claims arising out of Comcast's work or service. Comcast shall be responsible for
deductibles or self-insured retention.
(D) All policies shall contain, or shall be endorsed so that:
(1) The Town and its officers, officials, boards, commissions, agents, representatives,
and employees are to be covered as, and have the rights of, additional insureds with
respect to liability arising out of activities performed by, or on behalf of, Comcast under
this Agreement or applicable law, or in the construction, operation, upgrade,
maintenance, repair, replacement or ownership of the Cable System;
(2) Comcast's insurance coverage shall be primary insurance with respect to the
Town and its officers, officials, boards, commissions, agents, volunteers and employees.
Any insurance or self insurance maintained by the Town or its officers, officials, boards,
commissions, agents, representatives, volunteers or employees shall be in excess of
Comcast's insurance and shall not contribute to it, provided the occurrence arises out of
Comcast's negligence; and
(3) Comcast's insurance shall apply separately to each insured against whom a claim
is made or lawsuit is brought, except with respect to the limits of the insurer's liability.
(E) Comcast shall furnish the Town with certificates of insurance and an endorsement
reflecting additional insured status. The certificates for each insurance policy are to be on
standard forms or such forms as are consistent with standard industry practices, and are to be
received and approved by the Town at the time of acceptance of this Agreement by Comcast
with existing insurance coverage to be maintained by Comcast until that date. Comcast hereby
warrants that its insurance policies satisfy the requirements of this Agreement.
(F) The insurance limits mandated for any insurance coverage required by this Agreement
are not intended to be an indication of exposure nor are they limitations on liability or
indemnification.
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5.4 LETTER OF CREDIT
(A) At any time during the term of this Agreement, if there is a claim by the Town of an
uncured breach by Comcast of a provision of this Franchise, then the Town may require and
Comcast shall establish and provide, as quickly as possible, but no later than thirty (30) days
after a request from the Town, a letter of credit from a financial institution satisfactory to the
Town in the amount of fifty thousand dollars ($50,000).
(B) After completion of the procedures set forth in Section 12.1 or other applicable
provisions of this Franchise, the letter of credit may be drawn upon by the Town for purposes
that include, but are not limited to the following:
(1) Failure of Comcast to pay the Town sums due under this Agreement;
(2) Reimbursement of costs borne by the Town to correct violations not corrected by
Comcast; and
(3) Liquidated damages assessed against Comcast as provided in this Agreement.
(C) The Town shall give Comcast written notice of any withdrawal under this Subsection
upon such withdrawal. Within ten (10) days following receipt of such notice, Comcast shall
restore the letter of credit to the amount required under this Agreement.
SECTION 6. CUSTOMER SERVICE
6.1 SERVICE AVAILABILITY
(A) Except as otherwise provided herein, Comcast shall provide a standard aerial installation
of Cable Service within seven (7) days of a request by any Person in the Franchise Area.
Standard Installations shall be done within seven (7) days of a request for service. Comcast shall
provide such service:
(1) With no extension charge except as specifically authorized by this Agreement;
(2) At a non-discriminatory installation charge for a Standard Installation and with
additional charges for non-Standard Installations computed according to a non-
discriminatory methodology for such installations; and
(3) At non-discriminatory monthly rates for all Subscribers, excepting commercial
Subscribers, Multiple Dwelling Unit Bulk Subscribers and other lawful exceptions to
uniform pricing.
(B) No Person shall be refused service arbitrarily. However, for non-Standard Installations or
a density of less than twenty five (25) residences per 5280 aerial cable-bearing strand feet of
trunk or distribution cable, or sixty (60) residences per 5280 underground trench feet of trunk or
distribution cable, Cable Service may be made available on the basis of a capital contribution in
aid of construction, including cost of material, labor and easements. Comcast may require that
the payment of the capital contribution in aid of construction be borne by such potential
Subscribers and be paid in advance.
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6.2 CUSTOMER SERVICE STANDARDS
(A) Comcast shall comply with the Customer Service Standards (CSS), which are
attached to this Franchise as Exhibit A.
6.3 CUSTOMER PRIVACY
Comcast shall comply with privacy rights of Subscribers in accordance with applicable law.
6.4 CUSTOMER SERVICE AGREEMENT AND MANUAL
(A) Comcast shall provide to Subscribers an accurate, comprehensive service agreement and
Subscriber installation packet for use in establishing Customer service. This material shall, at a
minimum, contain the following:
(1) Comcast's procedure for investigation and resolution of Customer complaints;
(2) Services to be provided and rates for such services;
(3) Billing procedures;
(4) Service termination procedure;
(5) A complete statement of the Subscriber's right to privacy;
(6) Equipment policy; and,
(7) The name, address and phone number of the Subscriber service department that is
responsible for handling questions and complaints for Comcast.
(B) A copy of the current installation packet shall be available to each Subscriber: (1) at the
time of initial installation and at any time the packet is requested by the Subscriber.
SECTION 7. RECORDS
7.1 REQUIRED RECORDS
(A) Comcast shall at all times maintain:
(1) Access to a full and complete set of plans, records and maps showing the location
of all Cable System facilities in Public Ways;
(2) A copy of all FCC filings on behalf of Comcast, its parent corporations or
Affiliates that relate to the operation of the Cable System in the Franchise Area;
(3) A list of Comcast's rates and Channel line-ups; and,
(4) Financial records as required by Section 3 hereof.
(B) The Town, upon reasonable prior written notice to Comcast, may review Comcast's
records regarding the operation of the Cable System and the provision of Cable Service in the
Franchise Area which are reasonably necessary to monitor and enforce Comcast's compliance
with this Agreement, including without limitation any records required to be kept in a public file
by Comcast pursuant to FCC rules and regulations. All such records shall be retained by
Comcast for at least three (3) years. Comcast shall not deny the Town access to any of
Comcast's records on the basis that Comcast's records are under the control of any parent
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corporation, Affiliate or a third party. The Town may request in writing copies of such records
that are reasonably necessary, and Comcast shall provide such copies within thirty (30) days at
Comcast's sole expense. If the requested records are too voluminous, or for security reasons
cannot be copied or removed, then Comcast may request, in writing within ten (10) days of
receipt of such request, that the Town inspect them at Comcast's local offices or at one of
Comcast's offices more convenient to Town or its duly authorized agent. If any records of
Comcast are not kept in such office and not made available to the Town upon written request,
and if the Town determines that an examination of such records is necessary for the enforcement
of this Agreement, then all reasonable travel expenses incurred in making such examination shall
be paid by Comcast.
(C) Comcast shall maintain at its business office, in a file available for public inspection
during regular business hours, those documents required pursuant to FCC rules and regulations.
(D) Comcast shall keep an accurate and comprehensive compilation of any and all Subscriber
complaints received and Comcast's actions in response to those complaints, in a manner
consistent with the privacy rights of Subscribers. Comcast shall provide an executive summary
report to the Town on an annual basis within one hundred twenty (120) days of the end of each
year that shall include the following information:
(1) Nature, date and type of Subscriber complaints escalated to Comcast by the Town
in writing and date complaints were resolved;
(2) Average response time for service calls;
(3) Phone activity report;
(4) A summary of the previous year's activities regarding the development of the
Cable System, including, beginning and ending plant miles constructed;
(5) An annual report of the company on Form 10-K that is filed with the U.S.
Securities and Exchange Commission; and,
(6) A copy of all Comcast's rules and regulations applicable to Subscribers.
7.2 PROPRIETARY INFORMATION
If Comcast provides records to the Town, the Town agrees to keep confidential any proprietary
information to the extent permitted by law. Comcast shall be responsible for clearly and
conspicuously identifying the work proprietary, and shall provide a brief written explanation as
to why such information is confidential and how it may be treated as such under applicable law.
7.3 COPIES OF FEDERAL AND STATE REPORTS
Within thirty (30) days of the Town's written request, Comcast shall submit to the Town copies
of any pleading, application, notification, communication or document of any kind, submitted by
Comcast or an Affiliate to any federal, State or local court, regulatory agency or other
government body if such documents relate to the operations of the Cable System. Comcast shall
not claim confidential, privileged or proprietary rights to such documents, unless under federal,
State, or local law such documents have been determined to be confidential by a court of
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competent jurisdiction, or a federal or State agency. With respect to all other reports, documents
and notifications provided to any federal, State or local regulatory agency as a routine matter in
the due course of operating the Cable System, Comcast shall make such documents available to
the Town upon the Town's written request.
SECTION 8. PROGRAMMING
8.1 BROAD PROGRAMMING CATEGORIES
(A) Comcast shall provide at least the following initial broad categories of programming to
the extent such categories are reasonably available.
¥ Educational programming;
¥ News, weather and information;
¥ Sports;
¥ General entertainment including movies;
¥ Foreign language programming;
¥ Children’s programming;
¥ Family oriented programming;
¥ Arts, culture, performing arts programming;
¥ Science and documentary programming;
¥ National/international news; and
¥ Local/regional news.
(B) Comcast shall not delete or so limit as to effectively delete any broad category of
programming within its control without prior written notice to the Town.
(C) In the event of a modification proceeding under federal law, the mix and quality of Cable
Service provided by Comcast shall follow the guidelines of Federal law.
8.2 OBSCENITY
Comcast shall not transmit, or permit to be transmitted, over any Channel subject to its editorial
control any programming which is obscene under applicable federal, State or local laws.
8.3 SERVICES FOR THE DISABLED
In providing Cable Service to the disabled, Comcast shall comply with the Americans With
Disabilities Act, as amended.
8.4 PARENTAL CONTROL DEVICE
Upon request by any Subscriber, Comcast shall make available at no charge a parental control
device to enable a Subscriber to control access to both the audio and video portions of any
Channels. Comcast shall inform its Subscribers of the availability of the device at the time of
their initial subscription and upon request.
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8.5 COMPLIMENTARY CABLE SERVICE
Comcast, upon request, shall provide without charge, a Standard Installation and one outlet of
Basic Service to those buildings now existing, acquired or hereafter constructed that are either
owned and occupied or leased and occupied by the Town, its designee or other governmental
entity, including without limitation fire stations, police stations, libraries, schools and the Access
studio, provided that they are already served or are within one hundred twenty-five (125) feet of
the Cable System. The Cable Service provided shall not be distributed beyond the originally
installed outlet without authorization from Comcast, which shall not be unreasonably withheld.
In the case of leased facilities, the recipient of service is responsible for securing approval for
appropriate right of entry suitable to Comcast in its reasonable discretion. The Cable Service
provided shall not extend to areas of Town buildings where the Comcast would normally enter
into a commercial contract to provide such Cable Service (e.g., golf courses, airport restaurants
and concourses, and recreation center work out facilities) or be used for commercial purposes.
For new hookups, Comcast shall not provide an outlet to such buildings where a non-Standard
Installation is required, unless the Town or building owner/occupant agrees to pay the cost of the
non-Standard Installation.
SECTION 9. ACCESS
9.1 ACCESS CHANNELS
(A) Comcast shall provide, at no charge, two (2) Public, Educational or Governmental (PEG)
Access Channels.
(B) The Town may delegate management of the PEG Access Channels to a Designated
Access Provider.
(C) All PEG Access Channels provided for in this Agreement shall be carried system-wide in
the Franchise Area, and shall be provided on the Basic Service tier unless otherwise agreed to by
the parties.
(D) The technical quality of the PEG Access Channels shall not be lower than the quality of
other Channels on the same tier of service, at the same technical quality that programming is
provided to Comcast by the Town or its Designated Access Provider.
(E) The Town shall establish and enforce rules for use of the PEG Access Channels to assure
nondiscriminatory access to the Channels to similarly situated users; and to promote use and
viewership of the channels, consistent with applicable law. PEG Access Channels may not be
used for commercial purposes.
(F) Comcast may not exercise any editorial control over the content of programming on
the PEG Access Channels.
9.2 UNDERUTILIZED ACCESS CHANNELS
Comcast and the Town agree that it is their mutual goal to fully and efficiently use the Channel
capacity of the Cable System, which may include allowing Comcast to use underutilized Access
Channels. If Comcast believes that any Access Channel is underutilized, Comcast may file a
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request with the Town to use that Access Channel. The Town shall in its sole discretion render a
decision regarding the matter within six (6) months of receiving the request. Should the Town
find that the Access Channel may be used by Comcast, then Comcast may begin using such
Channel thirty (30) days after receipt of the decision. In the event the Town determines, in
Town’s sole discretion, that Town needs to use an Access Channel or Channels that Town has
previously determined that Comcast may use as an underutilized Access Channel, Town may
rescind Town’s permission to allow Comcast to utilize an Access Channel or Channels which
rescission shall be effective ninety (90) days after tendering written notice Comcast.
9.3 ACCESS CHANNEL LOCATION
(A) Comcast shall use its best efforts to minimize the movement of Access Channel
assignments. Comcast shall provide to the Town a minimum of ninety (90) days prior written
notice, prior to any relocation of its Access Channels, unless the change is required by federal
law, in which case Comcast shall give the Town the maximum notice possible. Comcast shall
pay the Town two thousand dollars ($2,000) per Access Channel, per move.
(B) Comcast, at Comcast's expense, shall include notice of Access Channel changes in its
regular monthly billing.
9.4 ACCESS CHANNEL PROMOTION
Comcast shall provide the Town the opportunity to include promotional notices on paper and
electronic bills on not more than two occasions per year. Comcast shall be provided an
opportunity to review all such promotional notices. The Town shall be responsible for any costs
associated with the provision of such notices.
9.5 PEG ACCESS CAPITAL
(A) As of the Effective Date of this Agreement, Comcast shall continue to collect and provide
to the Town a monthly fee as capital support for PEG access ("PEG Fee"). The PEG Fee shall be
fifty cents ($0.50) per subscriber per month for individual Residential Subscribers and
commercial subscribers, and twenty-five cents ($0.25) per subscriber per month subject to bulk-
billing. It is understood that pursuant to federal law, Comcast has the right to pass through the
costs of PEG Access capital payments to Subscribers, and Comcast shall be obligated to pay no
more than the amount it actually collects from such Subscribers. The PEG Fee shall be used
solely for capital costs related to PEG Access equipment and facilities. Comcast shall make PEG
Fee payments quarterly, no later than forty-five (45) days following the end of the quarter.
(B) Initial Capital Contribution. Within 90 days of the Effective Date of this Franchise,
Comcast shall provide a one-time capital contribution of Eighteen Thousand Dollars ($18,000),
which the Town shall use to purchase Access equipment. Comcast shall be entitled to fully
recover this Initial Capital Contribution from Subscribers pursuant to federal law. As soon as the
Initial Capital Contribution has been provided to the Town, Comcast shall retain seventy percent
(70%) of the PEG Fees collected from Subscribers until the Initial Capital Contribution is fully
recovered. Comcast shall provide to the Town the remaining thirty percent (30%) of the PEG
Fees collected during this recovery period. Comcast shall provide notice to the Town when this
Initial Capital Contribution is fully recovered, and at that time, Comcast will resume providing
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the Town the full amount of the PEG Fees collected. The Town shall retain the right to repay to
Comcast the $18,000 Initial Capital Contribution or any portion thereof from other sources.
(C) To the extent permitted by law, the PEG Fee may be itemized on Subscriber billing
statements and recovered from Subscribers over the term of this Agreement. Comcast shall not
be responsible for paying the PEG Fee with respect to gratis or Bad Debt accounts.
9.6 RETURN LINES
(A) Comcast shall continue to maintain the return lines from all existing Access broadcast
facilities to the Headend in order to enable the distribution of programming to Subscribers on the
Access Channels. Comcast shall continuously maintain these return lines throughout the term of
the Agreement, unless any of these locations are no longer used in the future to originate Access
programming.
(B) Within eighteen (18) months of written request by the Town, Comcast shall construct and
maintain additional return lines to other locations in the Franchise Area; provided however, that
Comcast's construction costs shall be paid by the Town or its Designated Access Provider.
(C) Return Lines shall be maintained by Comcast in the same manner as the rest of the Cable
System so that Access Channels may be viewed at the same quality that is provided by the Town
or its Designated Access Provider.
SECTION 10. USE OF PUBLIC WAYS
10.1 CONSTRUCTION AND MAINTENANCE
(A) The Cable System shall be constructed and maintained so as not to interfere with sewers,
water pipes, or any other property of Town, or with any other pipes, wires, conduits, pedestals,
structures or other facilities installed in Public Ways.
(B) In its maintenance and construction of the Cable System, Comcast shall comply with the
Avon Town Code. All construction and maintenance of Comcast's facilities within Public Ways
shall, regardless of who performs the construction, be and remain Comcast's responsibility.
(C) Comcast's contractors and subcontractors shall be licensed and bonded in accordance
with the Town's ordinances, regulations and requirements. Work by contractors and
subcontractors is subject to the same restrictions, limitations and conditions as if the work were
performed by Comcast. Comcast shall be responsible for all work performed by its contractors
and subcontractors and others performing work on its behalf as if the work were performed by it,
and shall ensure that all such work is performed in compliance with this Agreement and other
applicable law, and shall be jointly and severally liable for all damages and correcting all damage
caused by them. It is Comcast's responsibility to ensure that contractors, subcontractors or other
Persons performing work on Comcast's behalf are familiar with the requirements of this
Agreement and other applicable laws governing the work performed by them.
(D) Comcast shall give reasonable notice to private property owners of construction work in
adjacent Public Ways.
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(E) If Comcast disturbs, alters, or damages any public or private property, Comcast shall at
its own expense replace and restore any such Public Way or property to a condition equal to the
condition of the property existing immediately prior to the disturbance.
(F) The Town may inspect any of Comcast's facilities or construction upon at least twenty-
four (24) hours' notice, or, in case of emergency, without prior notice, and the Town may charge
Comcast generally applicable inspection fees therefor. If an unsafe condition is found, the
Town, in addition to taking any other action permitted under applicable law, may order Comcast
to make necessary repairs and alterations to correct the unsafe condition by a time the Town
establishes. The Town may correct, inspect, administer and repair the unsafe condition if
Comcast fails to do so, and to charge Comcast therefor.
(G) On notice from Town that any work is being conducted contrary to this Agreement, or in
violation of the terms of any applicable law or permit, the work may immediately be stopped by
Town. The stop work order shall: be in writing; be given to the Person doing the work or posted
on the work site; be sent to Comcast by mail; indicate the nature of the alleged violation or
unsafe condition; and establish conditions under which work may be resumed.
10.2 LOCATION AND MOVEMENT OF FACILITIES
(A) After the Town or any franchisee or permittee of the Town notifies Comcast of a
proposed Public Way excavation, or design of any project impacting facilities in the Public Way,
Comcast shall, at Comcast's expense, mark on the surface all of its located underground facilities
within the area of the proposed excavation in accordance with applicable law.
(B) The Town may remove or disconnect Comcast's facilities and equipment located in the
Public Way or on any other property of the Town in the case of an emergency. Except in an
emergency, the Town shall provide reasonable notice to Comcast prior to taking such action and
shall provide Comcast with the opportunity to perform such action. Following notice by the
Town, Comcast shall remove, replace, relocate, modify or disconnect any of its facilities in a
Public Way or on any other property of the Town, except that the Town shall provide at least
ninety (90) days written notice of any major capital improvement project that would require the
removal, relocation, replacement, modification or disconnection of Comcast's facilities or
equipment. If Comcast fails to complete this work within the time prescribed and to the Town's
satisfaction, the Town may cause such work to be done at Comcast's expense. Comcast shall
remit payment to Town within thirty (30) days of receipt of an itemized list of those costs.
(C) If the Town requires Comcast to relocate its facilities located in a Public Way, the Town
shall make a reasonable effort to provide Comcast with an alternate location within the Public
Way. If funds are generally made available to users of the Public Way for such relocation,
Comcast shall be entitled to its pro rata share of such funds.
(C) At the request of any Person holding a valid permit and upon reasonable advance notice,
Comcast shall temporarily raise, lower or remove its wires as necessary to permit the moving of
a building, vehicle, equipment or other item. The cost of such temporary change may be charged
by Comcast to the permit holder, and Comcast may require the estimated payment in advance.
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Such payment is an exchange between Comcast and the permittee, and the Town will not be the
administrator of these transactions.
10.3 ACQUISITION OF FACILITIES
Upon Comcast's acquisition of Cable System related facilities in any Public Way, or upon the
addition or annexation to the Town of any area in which Comcast owns or operates any facility,
such facilities shall be subject to the terms of this Agreement. The Town acknowledges that
inclusion of revenue from Subscribers affected by annexation to the Town will require ninety
(90) days to make changes in the billing system affecting those Subscribers.
10.4 RESERVATION OF PUBLIC WAYS
Nothing in this Agreement shall prevent the Town from constructing any public improvement, or
from permitting other utilities the use of the Public Ways. If the Cable System interferes with
the construction, maintenance or repair of any Public Way or public improvement, the Cable
System shall be removed or relocated in the area the Town directs. If the Town requires
Comcast to relocate its facilities located within the Public Way, the Town shall make a
reasonable effort to provide Comcast with an alternate location within the Public Way. All such
removal or relocation shall be preceded by sixty (60) days written notice or such additional time
as may be provided by Town. Should Comcast fail to remove, adjust or relocate its facilities by
the date established by the Town, the Town may effect such removal, adjustment or relocation at
Comcast's sole expense. If funds are generally made available to users of the Public Way for
such relocation, Comcast shall be entitled to its pro rata share of such funds.
10.5 DISCONTINUED FACILITIES
(A) When Comcast intends to discontinue using any facility within a Public Way, Comcast
shall submit to Town a complete description of the facility and the date on which Comcast
intends to discontinue using the facility. Comcast may remove the facility or request that the
Town allow it to remain in place. Notwithstanding Comcast's request that any such facility
remain in place, the Town may require Comcast to remove the facility from the Public Way or
modify the facility to protect the public health, welfare, safety and convenience. The Town may
require Comcast to perform a combination of modification and removal of the facility.
(B) Comcast shall complete such removal or modification in accordance with a schedule set
by the Town. Until Comcast removes or modifies the facility as directed by the Town, or until
the rights to and responsibility for the facility are accepted by another Person having authority to
construct and maintain such facility, Comcast shall be responsible for the facility, as well as
maintenance of the Public Way, in the same manner and degree as if the facility were in active
use, and Comcast shall retain all liability for such facility.
(C) If Comcast abandons any facilities, the Town may choose to use such facilities for any
purpose whatsoever.
10.6 USE OF CONDUIT OR DUCTS
(A) The Town may install or affix and maintain wires and equipment owned by the Town for
Town purposes in or upon any of Comcast's ducts or conduits in the Public Ways, without charge
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to the Town, to the extent space therein or thereon is reasonably available, and pursuant to all
applicable ordinances and codes. For purposes of this Subsection, "Town purposes" includes,
but is not limited to, the use of the structures and installations for fire, police, traffic, water,
telephone, or signal systems, but not for Cable Service in competition with Comcast. Comcast
shall not deduct the value of such use of its facilities from its Franchise Fee payments or from
other fees payable to the Town.
(B) Comcast acknowledges that the Public Ways have a finite capacity for containing conduit
and facilities. Therefore, Comcast agrees that when the Town determines it is impracticable to
permit construction of an underground conduit system by any other Person which may at the
time have authority to construct or maintain conduits or ducts in the Public Ways, but excluding
Persons providing Cable Service in competition with Comcast, the Town may require Comcast
to afford to such Person the right to use Comcast's surplus ducts or conduits in common with
Comcast, pursuant to the terms and conditions of an agreement for use of surplus ducts or
conduits entered into by Comcast and the other Person. Nothing herein shall require Comcast to
enter into an agreement with such Person if, in Comcast's reasonable determination, such an
agreement will compromise the integrity of the Cable System.
10.7 UNDERGROUNDING
Where electric and telephone utility wiring is underground, all Cable System lines, wiring and
equipment shall also be placed underground with other wireline service at no expense to the
Town. Related equipment, such as pedestals, shall be placed in accordance with applicable Town
requirements. In areas where either electric or telephone utility wiring are aerial, Comcast may
install aerial cable, except when a property owner or resident requests underground installation
and agrees to bear the additional cost in excess of aerial installation.
10.8 TREE TRIMMING
Comcast may prune or cause to be pruned, using proper pruning practices, any tree in any Public
Way which interferes with the Cable System. Comcast shall comply with all Town requirements
regarding tree trimming. Except in emergencies, Comcast may not prune trees at a point below
thirty (30) feet above sidewalk grade without seven (7) days prior written notice to the owner or
occupant of the premises abutting the Public Way in or over which the tree is growing. The
owner or occupant of the abutting premises may prune such tree at his or her own expense during
this one (1) week period. If the owner or occupant fails to do so, Comcast may prune such tree at
its own expense. For purposes of this Subsection, emergencies exist when it is necessary to
prune to protect the public or Comcast's facilities from imminent danger only.
10.9 GIS MAPPING
Comcast shall provide the Town with records of Comcast's trunk and distribution facilities in the
Franchise Area in a standard geographic information (GIS) format within thirty (30) days of
receipt of written request or longer if agreed to by the parties.
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SECTION 11. CABLE SYSTEM DESIGN AND TECHNICAL STANDARDS
11.1 TECHNICAL PERFORMANCE
The technical performance of the Cable System shall meet or exceed all applicable technical
standards authorized or required by law, including FCC technical standards as they may be
amended from time to time, regardless of the transmission technology utilized. The Town shall
have the authority provided by law to enforce compliance with these technical standards.
11.2 CABLE SYSTEM PERFORMANCE TESTING
(A) Comcast shall, at its expense, perform all tests on the Cable System required by the FCC
(including FCC required test points located in the Franchise Area) and shall maintain written
records of its test results in accordance with FCC requirements. Copies of such test results shall
be provided to the Town upon request.
(B) All required tests may be witnessed by representatives of the Town. Upon request,
Comcast will notify the Town before any required technical proof-of-performance or other
testing occurs.
(C) Comcast shall promptly take all necessary measures to correct any performance
deficiencies and prevent their recurrence. Sites shall be re-tested within five (5) days following
correction until correction has been confirmed and satisfactory results are obtained.
11.3 STANDBY POWER
Comcast shall provide standby power generating capacity at the Cable System Headend capable
of providing at least twelve (12) hours of emergency operation. Comcast shall maintain standby
power supplies that will supply back-up power of at least two (2) hours duration throughout the
distribution networks, and four (4) hours duration at all nodes and hubs.
SECTION 12. VIOLATIONS AND REVOCATION
12.1 PROCEDURE FOR REMEDYING VIOLATIONS
(A) If the Town believes that Comcast has failed to perform any material obligation of this
Agreement, the Town shall notify Comcast in writing, stating with specificity, the nature of the
alleged violation. Comcast shall have thirty (30) days from the receipt of such notice to:
(1) Respond to the Town, contesting the Town's assertion that a violation has
occurred, or notifying the Town that violation cannot be cured within thirty (30) days
because of the nature of the alleged violation, and requesting a hearing in accordance
with Subsection (B), below; or
(2) Cure the violation.
(B) If Comcast does not cure the violation within thirty (30) days, or denies the violation and
requests a hearing, the Town shall set a public hearing on the violation. The Town shall provide
not less than seven (7) days prior written notice of the hearing. At the hearing, Comcast shall be
provided an opportunity to be heard, to present and question witnesses, and to present evidence
in its defense.
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(C) If, after considering the evidence presented at the public hearing, the Town Council
determines that a violation exists, the Town may order Comcast to remedy the violation within
fourteen (14) days or within such other reasonable timeframe agreed to by the parties. If
Comcast does not remedy the violation within such time to the Town's reasonable satisfaction,
the Town may:
(1) Assess and collect monetary damages in accordance with this Agreement;
(2) Terminate this Agreement; and/or,
(3) Pursue any other legal or equitable remedy available under this Agreement or
applicable law.
12.2 ALTERNATIVE REMEDIES
(A) No provision of this Agreement shall bar the right of either party to seek or obtain
judicial relief from a violation of any provision of the Agreement or any rule, regulation,
requirement or directive promulgated thereunder. Neither the existence of other remedies
identified in this Agreement nor the exercise thereof shall be deemed to bar or otherwise limit the
right of either party to recover monetary damages, as allowed under applicable law, or to seek
and obtain judicial enforcement of obligations by means of specific performance, injunctive
relief or mandate, or any other remedy at law or in equity.
(B) The Town does not waive any right, immunity, limitation or protection otherwise
available to the Town, its officers, officials, Boards, commissions, agents, or employees under
any law, including without limitation Section 635A of the Cable Act. Comcast shall not have
any monetary recourse against the Town, or its officers, officials, Board, commissions, agents or
employees for any loss, costs, expenses or damages arising out of any provision of this
Agreement or the enforcement thereof, subject to applicable law.
12.3 LIQUIDATED DAMAGES
(A) The Town and Comcast recognize the delays, expense and unique difficulties involved in
proving in a legal proceeding the actual loss suffered by the Town as a result of a violation by
Comcast of this Agreement. Accordingly, instead of requiring such proof of actual loss, the
Town and Comcast agree that Comcast shall pay to the Town the sums set forth in this
Subsection. Such amounts are agreed by both parties to be a reasonable estimate of the actual
damages the Town would suffer in the event of Comcast's violation.
(B) In addition to any other remedy, the Town in its sole discretion may, after following the
procedures as provided in this Section 12.1, charge to and collect from Comcast the following
liquidated damages per day, for each day, or part thereof, the violation continues:
(1) For failure to provide data, documents, reports or information or to cooperate with
the Town during an application process or Cable System review or as otherwise provided
herein: one hundred fifty dollars ($150).
(2) For failure to make timely PEG Fee or Franchise Fee payments: two hundred
fifty dollars ($250).
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(3) For failure to comply with any other provision of this Agreement or Customer
Service Standards or the Avon Town Code: one hundred fifty dollars ($150).
(C) Each violation shall be considered a separate violation for which separate liquidated
damages can be imposed. In no event shall liquidated damages be imposed for a period greater
than 120 days.
(D) Comcast shall have thirty (30) days to pay the liquidated damages. If not so paid, the
Town may draw on any bond or Letter of Credit. The Town shall give Comcast written notice of
any such draw, and within seven (7) days of such notice, Comcast shall restore the bond or Letter
of Credit to the amount required under this Agreement.
12.4 REVOCATION
(A) The franchise provided by this Agreement may be revoked and all rights and privileges
rescinded if a material breach of the Agreement is not cured, or in the event that:
(1) Comcast attempts to evade any material provision of this Agreement or to practice
any fraud or deceit upon the Town or Subscribers;
(2) Comcast makes a material misrepresentation of fact in the negotiation of this
Agreement;
(3) Comcast abandons the Cable System, or terminates the Cable System's
operations;
(4) Comcast fails to restore service to the Cable System after three (3) consecutive
days of an outage or interruption in service; except in the case of an emergency or during
a force majeure occurrence, or when approval of such outage or interruption is obtained
from the Town; or
(5) Comcast becomes insolvent, unable or unwilling to pay its debts, or is adjudged
bankrupt, there is an assignment for the benefit of Comcast's creditors, or all or part of
Cable System is sold under an instrument to secure a debt and is not redeemed by
Comcast within thirty (30) days from said sale.
(B) Additionally, the franchise granted in this Agreement may be revoked one hundred
twenty (120) days after the appointment of a receiver or trustee to conduct the business of
Comcast, at the option of the Town and subject to applicable law, whether in a receivership,
reorganization, bankruptcy or other action or proceeding, unless directed otherwise by a court of
competent jurisdiction.
(C) If there is a foreclosure or other involuntary sale of the whole or any part of the plant,
property and equipment of Comcast, the Town may serve notice of revocation on Comcast and to
the purchaser at the sale, and the rights and privileges of Comcast under this Agreement shall be
revoked thirty (30) days after service of such notice, unless:
(1) The Town has approved the transfer of the Agreement, in accordance with the
procedures set forth in this Agreement and as provided by law; and
(2) The transferee has agreed to assume and be bound by all terms of this Agreement.
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12.5 PURCHASE OF THE CABLE SYSTEM
If at any time this Agreement lawfully terminates, the Town shall have the option to purchase the
Cable System; provided that nothing in this Agreement shall limit or expand the Town’s right of
eminent domain under State law.
SECTION 13. TRANSFER
13.1 TRANSFER OF OWNERSHIP OR CONTROL
(A) The Cable System and this Agreement shall not be sold, assigned, transferred, leased or
disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger or
consolidation; nor shall title thereto, either legal or equitable, or any right, interest or property
therein pass to or vest in any Person or entity without the prior written consent of the Town,
which consent shall be by the Town Council, acting by ordinance or resolution.
(B) Comcast shall promptly notify the Town of any actual or proposed change in control of
Comcast. The word "control" as used herein is defined as an acquisition of 51% or greater
ownership interest in Comcast. Such change of control of Comcast shall make this Agreement
subject to cancellation unless and until the Town has consented in writing.
(C) The parties to the transfer shall make a written request to the Town for its approval of a
sale or transfer or change in control and shall furnish all information required by law.
(D) In seeking the Town's consent to any transfer, the proposed transferee or controlling
entity shall indicate whether it:
(1) Has ever been convicted or held liable for acts involving deceit including any
violation of federal, State or local law or regulations, or is currently under an indictment,
investigation or complaint charging such acts;
(2) Has ever had a judgment in an action for fraud, deceit, or misrepresentation
entered against the proposed transferee by any court of competent jurisdiction;
(3) Has pending any material legal claim, lawsuit, or administrative proceeding
arising out of or involving a Cable System or the provision of Cable Services;
(4) Is financially solvent, by submitting financial data including financial statements
that are audited by a certified public accountant who may also be an officer of the
transferee or controlling entity, along with any other data that is lawfully required; and
(5) Has the financial, legal and technical capability to enable it to maintain and
operate the Cable System for the remaining term of the Agreement.
(E) The proposed transferee shall provide complete information regarding any potential
impact of the transaction on Subscriber rates and service, as well as any other documentation
reasonably related to the proposed transaction and consistent with applicable law which, in the
reasonable discretion of the Town are necessary to understand the proposed transaction.
(F) The Town shall act on the request within one hundred twenty (120) days of receipt of the
FCC Form 394 application and all information expressly required by this Agreement and
applicable law, provided it has received a complete application. Subject to the foregoing, if the
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Town fails to render a final decision on the request within one hundred twenty (120) days, such
request shall be deemed granted unless the requesting party and the Town agree to an extension
of time.
(G) Within thirty (30) days of any transfer, Comcast shall file with the Town a copy of the
deed, agreement, lease or other written instrument evidencing such transfer, certified correct by
Comcast and the transferee, and the transferee shall file its written acceptance agreeing to be
bound by all terms of this Agreement, subject to applicable law. In the event of a change in
control in which Comcast is not replaced by another entity, Comcast will continue to be bound
by all terms of the Agreement, subject to applicable law, and will not be required to file an
additional written acceptance. The approval of any transfer shall not waive any rights of Town
to subsequently enforce noncompliance issues relating to this Agreement. If a change of control
involves an entity that was not an Affiliate prior to the contemplated transaction, the Town's
consent shall be required for such change in control.
(H) In reviewing a transfer request, the Town may inquire into the legal, technical and
financial qualifications of the transferee, and Comcast shall assist the Town in so inquiring. The
Town may condition said transfer upon such terms as it deems reasonably appropriate, consistent
with applicable law and reasonably related to the qualifications of the prospective transferee to
comply with this Agreement or the resolution of outstanding and unresolved issues of
noncompliance with this Agreement by Comcast.
(I) Notwithstanding anything to the contrary in this Subsection, the prior approval of the
Town shall not be required for any sale, assignment or transfer of the Agreement or the Cable
System to an intra-company entity controlling, controlled by or under the same common control
as Comcast, provided that the proposed assignee or transferee shall show financial responsibility
as may be determined necessary by the Town and shall agree in writing to comply with all
provisions of the Agreement. Further, Comcast may pledge the assets of the Cable System for
the purpose of financing without the consent of the Town; provided that such pledge of assets
shall not mitigate Comcast's responsibilities to meet its obligations under this Agreement.
SECTION 14. MISCELLANEOUS
14.1 CUMULATIVE RIGHTS
Subject to applicable law, all rights and remedies given to the Town or retained by the Town in
this Agreement shall be in addition to and cumulative with any and all other rights and remedies,
existing or implied, now or hereafter available to the Town, at law or in equity, and such rights
and remedies shall not be exclusive, but every right and remedy given by this Agreement or
otherwise existing may be exercised as often and in such order as deemed expedient by the
Town, and the exercise of one right or remedy shall not be deemed a waiver of the right to
exercise at the same time or thereafter any other right or remedy.
14.2 COSTS TO BE BORNE BY COMCAST
Comcast shall pay for all costs of publication of this Agreement, and any and all notices prior to
any public meeting or hearing provided for pursuant to this Agreement in accordance with the
Avon Town Code or Charter.
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14.3 BINDING EFFECT
This Agreement shall be binding upon the parties hereto, their permitted successors, transferees
and assigns.
14.4 MODIFICATION
Either party may at any time seek an amendment of this Franchise by so notifying the other party
in writing. Within sixty (60) days of receipt of notice, the Town and Grantee shall meet to
discuss the proposed amendment(s). If the parties reach a mutual agreement upon the suggested
amendment(s), such amendment(s) shall be submitted to the Town Council for its approval. If so
approved by the Town Council and the Grantee, then such amendment(s) shall be deemed part of
this Franchise. If mutual agreement is not reached, there shall be no amendment.
14.5 GOVERNING LAW AND VENUE
This Agreement shall be governed, construed and enforced in accordance with the laws of the
State of Colorado, the Cable Act, as amended, any applicable rules, regulations and orders of the
FCC, as amended, and any other applicable local, State and federal laws, rules, and regulations.
The venue for any dispute related to a violation of this Agreement shall be in an appropriate state
court of competent jurisdiction in Eagle County, Colorado.
14.6 NO JOINT VENTURE
Nothing herein shall be deemed to create a joint venture or principal-agent relationship between
the parties, and neither party is authorized to, nor shall either party act toward third persons or
the public in any manner that would indicate any such relationship with the other.
14.7 WAIVER
The failure of either party at any time to require performance by the other of any provision
hereof shall in no way affect the right of the other party hereafter to enforce the same. Nor shall
the waiver by either party of any breach of any provision hereof be taken or held to be a waiver
of any succeeding breach of such provision, or as a waiver of the provision itself or any other
provision.
14.8 SEVERABILITY
If any provision of this Agreement is determined to be illegal, invalid or unconstitutional by any
court or agency of competent jurisdiction, such determination shall have no effect on the validity
of any other provision of this Agreement.
14.9 FORCE MAJEURE
Comcast shall not be held in violation of this Agreement for any act caused by circumstances
reasonably beyond the ability of Comcast to anticipate and control, including war, riots, civil
disturbances, floods, severe adverse weather conditions or other natural catastrophes, labor
stoppages or power outages exceeding back-up power supplies.
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14.10 ENTIRE AGREEMENT
This Agreement represents the entire understanding and agreement between the parties hereto
with respect to the subject matter hereof and supersede all prior oral and written negotiations
between the parties.
14.11 NOTICES
Each party shall maintain and file with the other a local address for the service of notices by
mail. All notices shall be sent to such respective address, and such notices shall be effective upon
the date of mailing. On the Effective Date, the following are the addressed on file:
Comcast: With a copy to:
Comcast Comcast
8000 East Iliff Avenue 281 Metcalf Road, Suite 110
Denver, CO 80231 Avon, CO 81620
Attn: Government Affairs Attn: General Manager
Town: With a copy to:
Town of Avon Town of Avon
P.O. Box 975 P.O. Box 975
1 Lake Street 1 Lake Street
Avon, CO 81620 Avon, CO 81620
Attn: Town Manager Attn: Town Attorney
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set
forth above.
TOWN OF AVON, COLORADO
_______________________________
Jennie Fancher, Mayor
ATTEST:
__________________________________
Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
__________________________________
Eric J. Heil, Town Attorney
COMCAST OF COLORADO VII, LLC
__________________________________
By: _______________________________
Its: _______________________________
EXHIBIT A: CUSTOMER SERVICE STANDARDS
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
Page 1 of 17
TOWN OF AVON
CUSTOMER SERVICE STANDARDS
I. POLICY
The Cable Operator should resolve citizen complaints without delay and interference from the
Franchising Authority.
Where a given complaint is not addressed by the Cable Operator to the citizen's satisfaction, the
Franchising Authority should intervene. In addition, where a pattern of unremedied complaints or
noncompliance with the Standards is identified, the Franchising Authority should prescribe a cure and
establish a reasonable deadline for implementation of the cure. If the noncompliance is not cured within
established deadlines, monetary sanctions should be imposed to encourage compliance and deter future
non-compliance.
These Standards are intended to be of general application, and are expected to be met under normal
operating conditions; however, the Cable Operator shall be relieved of any obligations hereunder if it is
unable to perform due to a region-wide natural emergency or in the event of force majeure affecting a
significant portion of the franchise area. The Cable Operator is free to exceed these Standards to the
benefit of its Customers and such shall be considered performance for the purposes of these Standards.
These Standards supercede any contradictory or inconsistent provision in federal, state or local law
(Source: 47 U.S.C. § 552(a)(1) and (d)), provided, however, that any provision in federal, state or local
law, or in any original franchise agreement or renewal agreement, that imposes a higher obligation or
requirement than is imposed by these Standards, shall not be considered contradictory or inconsistent
with these Standards. In the event of a conflict between these Standards and a Franchise Agreement,
the Franchise Agreement shall control.
These Standards apply to the provision of any Cable Service, provided by a Cable Operator over a Cable
System, within the Town of Avon.
II. DEFINITIONS
When used in these Customer Service Standards (the "Standards"), the following words, phrases, and
terms shall have the meanings given below.
"Adoption" shall mean the process necessary to formally enact the Standards within the Franchising
Authority's jurisdiction under applicable ordinances and laws.
"Affiliate" shall mean any person or entity that is owned or controlled by, or under common ownership
or control with, a Cable Operator, and provides any Cable Service or Other Service.
“Applicable Law” means, with respect to these standards and any Cable Operator’s privacy policies, any
statute, ordinance, judicial decision, executive order or regulation having the force and effect of law, that
determines the legal standing of a case or issue.
EXHIBIT A: CUSTOMER SERVICE STANDARDS
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Page 2 of 17
"Cable Operator" shall mean any person or group of persons (A) who provides Cable Service over a
Cable System and directly or through one or more affiliates owns a significant interest in such cable
system, or (B) who otherwise controls or is responsible for, through any arrangement, the management
and operation of such a Cable System. Source: 47 U.S.C. § 522(5).
“Cable Service” shall mean (A) the one-way transmission to subscribers of (i) video programming, or
(ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service. Source: 47 U.S.C. § 522(6). For
purposes of this definition, “video programming” is programming provided by, or generally considered
comparable to programming provided by a television broadcast station. Source: 47 U.S.C. § 522(20).
“Other programming service” is information that a Cable Operator makes available to all subscribers
generally. Source: 47 U.S.C. § 522(14).
“Cable System” shall mean a facility, consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is designed to provide Cable Service which
includes video programming and which is provided to multiple subscribers within a community, but
such term does not include (A) a facility that serves only to retransmit the televisions signals of one or
more television broadcast stations, or (B) a facility that serves subscribers without using any public right
of way. Source: 47 U.S.C. § 522(7).
“Contractor” shall mean a person or entity that agrees by contract to furnish materials or perform
services for another at a specified consideration.
"Customer" shall mean any person who receives any Cable Service from a Cable Operator.
"Customer Service Representative" (or "CSR") shall mean any person employed with or under contract
or subcontract to a Cable Operator to assist, or provide service to, customers, whether by telephone,
writing service or installation orders, answering customers' questions in person, receiving and
processing payments, or performing any other customer service-related tasks.
“Escalated complaint” shall mean a complaint that is referred to a Cable Operator by the Franchising
Authority.
"Franchising Authority" shall mean the Town of Avon.
"Necessary" shall mean required or indispensable.
"Non-cable-related purpose" shall mean any purpose that is not necessary to render or conduct a
legitimate business activity related to a Cable Service or Other Service provided by a Cable Operator to
a Customer. Market research, telemarketing, and other marketing of services or products that are not
related to a Cable Service or Other Service provided by a Cable Operator to a Customer shall be
considered Non-cable-related purposes.
EXHIBIT A: CUSTOMER SERVICE STANDARDS
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Sept. 8, 2016 – Dec. 31, 2022
Page 3 of 17
“Normal business hours” shall mean those hours during which most similar businesses in the community
are open to serve customers. In all cases, “normal business hours” must include at least some evening
hours one night per week, and include some weekend hours. Source: 47 C.F.R. § 76.309.
“Normal operating conditions” shall mean those service conditions which are within the control of a
Cable Operator. Conditions which are not within the control of a Cable Operator include, but are not
necessarily limited to, natural disasters, civil disturbances, power outages, telephone network outages,
and severe or unusual weather conditions. Conditions which are ordinarily within the control of a Cable
Operator include, but are not necessarily limited to, special promotions, pay-per-view events, rate
increases, regular peak or seasonal demand periods and maintenance or upgrade to the Cable System.
“Other Service(s)” shall mean any wire or radio communications service provided using any of the
facilities of a Cable Operator that are used in the provision of Cable Service.
"Personally Identifiable Information" shall mean specific information about an identified Customer,
including, but not be limited to, a Customer's (a) login information for the use of Cable Service and
management of a Customer’s Cable Service account, (b) extent of viewing of video programming or
Other Services, (c) shopping choices, (d) interests and opinions, (e) energy uses, (f) medical
information, (g) banking data or information, or (h) any other personal or private information.
"Personally Identifiable Information" shall not mean any aggregate information about Customers which
does not identify particular persons, or information gathered by a Cable Operator necessary to install,
repair or service equipment or Cable System facilities at a Customer’s premises.
“Service interruption” or “interruption” shall mean (i) the loss or substantial impairment of picture
and/or sound on one or more cable television channels.
“Service outage” or “outage” shall mean a loss or substantial impairment in reception on all channels.
“Subcontractor” shall mean a person or entity that enters into a contract to perform part or all of the
obligations of another's contract.
"Town" shall mean the Town of Avon, Colorado.
“Writing” or “written” as the term applies to notification shall include electronic communications.
Any terms not specifically defined in these Standards shall be given their ordinary meaning, or where
otherwise defined in applicable federal law, such terms shall be interpreted consistent with those
definitions.
III. CUSTOMER SERVICE
A. Courtesy
Cable Operator employees, contractors and subcontractors shall be courteous, knowledgeable and
helpful and shall provide effective and satisfactory service in all contacts with customers.
EXHIBIT A: CUSTOMER SERVICE STANDARDS
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Sept. 8, 2016 – Dec. 31, 2022
Page 4 of 17
B. Accessibility
1. A Cable Operator shall provide customer service centers/business offices (“Service Centers”) which
are conveniently located, and which are open during Normal Business Hours. Service Centers shall be
fully staffed with Customer Service Representatives offering the following services to Customers who
come to the Service Center: bill payment, equipment exchange, processing of change of service
requests, and response to Customer inquiries and request.
Unless otherwise requested by the Town, a Cable Operator shall post a sign at each Service Center,
visible from the outside of the Service Center, advising Customers of its hours of operation and of the
telephone number at which to contact the Cable Operator if the Service Center is not open at the times
posted.
The Cable Operator shall use commercially reasonable efforts to implement and promote “self-help”
tools and technology, in order to respond to the growing demand of Customers who wish to interact with
the Cable Operator on the Customer’s own terms and timeline and at their own convenience, without
having to travel to a Service Center. Without limitation, examples of self-help tools or technology may
include self-installation kits to Customers upon request; pre-paid mailers for the return of equipment
upon Customer request; an automated phone option for Customer bill payments; and equipment
exchanges at a Customer’s residence in the event of damaged equipment. A Cable Operator shall
provide free exchanges of faulty equipment at the customer's address if the equipment has not been
damaged in any manner due to the fault or negligence of the customer.
2. A Cable Operator shall maintain local telephone access lines that shall be available twenty-four (24)
hours a day, seven (7) days a week for service/repair requests and billing/service inquiries.
3. A Cable Operator shall have dispatchers and technicians on call twenty-four (24) hours a day, seven
(7) days a week, including legal holidays.
4. If a customer service telephone call is answered with a recorded message providing the customer with
various menu options to address the customer’s concern, the recorded message must provide the
customer the option to connect to and speak with a CSR within sixty (60) seconds of the commencement
of the recording. During Normal Business Hours, a Cable Operator shall retain sufficient customer
service representatives and telephone line capacity to ensure that telephone calls to technical
service/repair and billing/service inquiry lines are answered by a customer service representative within
thirty (30) seconds or less from the time a customer chooses a menu option to speak directly with a CSR
or chooses a menu option that pursuant to the automated voice message, leads to a direct connection
with a CSR. Under normal operating conditions, this thirty (30) second telephone answer time
requirement standard shall be met no less than ninety (90) percent of the time measured quarterly.
5. Under normal operating conditions, a customer shall not receive a busy signal more than three percent
(3%) of the time. This standard shall be met ninety (90) percent or more of the time, measured
quarterly.
EXHIBIT A: CUSTOMER SERVICE STANDARDS
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
Page 5 of 17
C. Responsiveness
1. Guaranteed Seven-Day Residential Installation
a. A Cable Operator shall complete all standard residential installations or modifications to
service requested by customers within seven (7) business days after the order is placed, unless a later
date for installation is requested. "Standard" residential installations are those located up to one hundred
twenty five (125) feet from the existing distribution system. If the customer requests a nonstandard
residential installation, or the Cable Operator determines that a nonstandard residential installation is
required, the Cable Operator shall provide the customer in advance with a total installation cost estimate
and an estimated date of completion.
b. All underground cable drops to the home shall be buried at a depth of no less than twelve
inches (12"), or such other depth as may be required by the Franchise Agreement or local code
provisions, or if there are no applicable Franchise or code requirements, at such other depths as may be
agreed to by the parties if other construction concerns preclude the twelve inch requirement , and within
no more than one calendar week from the initial installation, or at a time mutually agreed upon between
the Cable Operator and the customer.
2. Residential Installation and Service Appointments
a. The “appointment window” alternatives for specific installations, service calls, and/or other
installation activities will be either a specific time, or at a maximum, a four (4) hour time block between
the hours of 8:00 a.m. and 6:00 p.m., six (6) days per week. A Cable Operator may schedule service
calls and other installation activities outside of the above days and hours for the express convenience of
customers. For purposes of this subsection “appointment window” means the period of time in which
the representative of the Cable Operator must arrive at the customer’s location.
b. A Cable Operator may not cancel an appointment with a customer after the close of business
on the business day prior to the scheduled appointment, unless the customer’s issue has otherwise been
resolved.
c. If a Cable Operator is running late for an appointment with a customer and will not be able to
keep the appointment as scheduled, the Cable Operator shall take reasonable efforts to contact the
customer promptly, but in no event later than the end of the appointment window. The appointment will
be rescheduled, as necessary at a time that is convenient to the customer, within Normal Business Hours
or as may be otherwise agreed to between the customer and Cable Operator.
d. A Cable Operator shall be deemed to have responded to a request for service under the
provisions of this section when a technician arrives within the agreed upon time, and, if the customer is
absent when the technician arrives, the technician leaves written notification of arrival and return time,
and a copy of that notification is kept by the Cable Operator. In such circumstances, the Cable Operator
shall contact the customer within forty-eight (48) hours.
EXHIBIT A: CUSTOMER SERVICE STANDARDS
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
Page 6 of 17
3. Residential Service Interruptions
a. In the event of system outages resulting from Cable Operator equipment failure, the Cable
Operator shall correct such failure within 2 hours after the 3rd customer call is received.
b. All other service interruptions resulting from Cable Operator equipment failure shall be
corrected by the Cable Operator by the end of the next calendar day.
c. Records of Complaints.
i. A Cable Operator shall keep an accurate and comprehensive file of any
complaints regarding the cable system or its operation of the cable system, in a manner
consistent with the privacy rights of customers, and the Cable Operator's actions in response to
those complaints. These files shall remain available for viewing by the Franchising Authority
during normal business hours at the Cable Operator’s business office, and shall be retained by
the Cable Operator for a period of at least three (3) years.
ii. Upon written request a Cable Operator shall provide the Franchising Authority an
executive summary quarterly, which shall include information concerning customer complaints
referred by the Franchising Authority to the Grantee and any other requirements of a Franchise
Agreement but no personally identifiable information. These summaries shall be provided within
fifteen (15) days after the end of each quarter. Once a request is made, it need not be repeated
and quarterly executive summaries shall be provided by the Cable Operator until notified in
writing by the Franchising Authority that such summaries are no longer required.
iii. Upon written request a summary of service requests, identifying the number and
nature of the requests and their disposition, shall also be completed by the Cable Operator for
each quarter and submitted to the Franchising Authority by the fifteenth (15th) day of the month
after each calendar quarter. Once a request is made, it need not be repeated and quarterly
summary of service requests shall be provided by the Cable Operator until notified in writing by
the Franchising Authority that such summaries are no longer required. Complaints shall be
broken out by the nature of the complaint and the type of Cable service subject to the complaint.
d. Records of Service Interruptions and Outages. A Cable Operator shall maintain records of all
outages and reported service interruptions. Such records shall indicate the type of cable service
interrupted, including the reasons for the interruptions. A log of all service interruptions shall be
maintained and provided to the Franchising Authority quarterly, upon written request, within fifteen (15)
days after the end of each quarter. Such records shall be submitted to the Franchising Authority with the
records identified in Section 3.c.ii above if so requested in writing, and shall be retained by the Cable
Operator for a period of three (3) years.
e. All service outages and interruptions for any cause beyond the control of the Cable Operator
shall be corrected within thirty-six (36) hours, after the conditions beyond its control have been
corrected.
EXHIBIT A: CUSTOMER SERVICE STANDARDS
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
Page 7 of 17
4. TV Reception
a. A Cable Operator shall provide clear television reception that meets or exceeds technical
standards established by the United States Federal Communications Commission (the "FCC"). A Cable
Operator shall render efficient service, make repairs promptly, and interrupt service only for good cause
and for the shortest time possible. Scheduled interruptions shall be preceded by notice and shall occur
during periods of minimum use of the system, preferably between midnight and six a.m. (6:00 a.m.).
b. If a customer experiences poor video or audio reception attributable to a Cable Operator's
equipment, the Cable Operator shall:
i. Assess the problem within one (1) day of notification;
ii. Communicate with the customer regarding the nature of the problem and the
expected time for repair;
iii. Complete the repair within two (2) days of assessing the problem unless
circumstances exist that reasonably require additional time.
c. If an appointment is necessary to address any video or audio reception problem, the
customer may choose a block of time described in Section III.C.2.a. At the customer's request, the Cable
Operator shall repair the problem at a later time convenient to the customer, during Normal Business
Hours or at such other time as may be agreed to by the customer and Cable Operator. A Cable Operator
shall maintain periodic communications with a customer during the time period in which problem
ascertainment and repair are ongoing, so that the customer is advised of the status of the Cable
Operator’s efforts to address the problem.
5. Problem Resolution
A Cable Operator's customer service representatives shall have the authority to provide credit for
interrupted service, to waive fees, to schedule service appointments and to change billing cycles, where
appropriate. Any difficulties that cannot be resolved by the customer service representative shall be
referred to the appropriate supervisor who shall contact the customer within four (4) hours and resolve
the problem within forty eight (48) hours or within such other time frame as is acceptable to the
customer and the Cable Operator.
6. Billing, Credits, and Refunds
a. In addition to other options for payment of a customer’s service bill, a Cable Operator shall
make available a telephone payment option where a customer without account irregularities can enter
payment information through an automated system, without the necessity of speaking to a CSR.
b. A Cable Operator shall allow at least thirty (30) days from the beginning date of the applicable
service period for payment of a customer's service bill for that period. If a customer's service bill is not
paid within that period of time the Cable Operator may apply an administrative fee to the customer's
account. The administrative fee must reflect the average costs incurred by the Cable Operator in
EXHIBIT A: CUSTOMER SERVICE STANDARDS
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
Page 8 of 17
attempting to collect the past due payment in accordance with applicable law. If the customer's service
bill is not paid within forty-five (45) days of the beginning date of the applicable service period, the
Cable Operator may perform a "soft" disconnect of the customer's service. If a customer's service bill is
not paid within fifty-two (52) days of the beginning date of the applicable service period, the Cable
Operator may disconnect the customer's service, provided it has provided two (2) weeks notice to the
customer that such disconnection may result.
c. The Cable Operator shall issue a credit or refund to a customer within 30 days after
determining the customer's entitlement to a credit or refund.
d. Whenever the Cable Operator offers any promotional or specially priced service(s) its
promotional materials shall clearly identify and explain the specific terms of the promotion, including
but not limited to manner in which any payment credit will be applied.
7. Treatment of Property
To the extent that a Franchise Agreement does not contain the following procedures for treatment of
property, Operator shall comply with the procedures set forth in this Section.
a. A Cable Operator shall keep tree trimming to a minimum; trees and shrubs or other
landscaping that are damaged by a Cable Operator, any employee or agent of a Cable Operator during
installation or construction shall be restored to their prior condition or replaced within seven (7) days,
unless seasonal conditions require a longer time, in which case such restoration or replacement shall be
made within seven (7) days after conditions permit. Trees and shrubs on private property shall not be
removed without the prior permission of the owner or legal tenant of the property on which they are
located. This provision shall be in addition to, and shall not supersede, any requirement in any franchise
agreement.
b. A Cable Operator shall, at its own cost and expense, and in a manner approved by the property
owner and the Franchising Authority, restore any private property to as good condition as before the
work causing such disturbance was initiated. A Cable Operator shall repair, replace or compensate a
property owner for any damage resulting from the Cable Operator's installation, construction, service or
repair activities. If compensation is requested by the customer for damage caused by any Cable Operator
activity, the Cable Operator shall reimburse the property owner one hundred (100) percent of the actual
cost of the damage.
c. Except in the case of an emergency involving public safety or service interruption to a large
number of customers, a Cable Operator shall give reasonable notice to property owners or legal tenants
prior to entering upon private premises, and the notice shall specify the work to be performed; provided
that in the case of construction operations such notice shall be delivered or provided at least twenty-four
(24) hours prior to entry, unless such notice is waived by the customer. For purposes of this subsection,
“reasonable notice” shall be considered:
i. For pedestal installation or similar major construction, seven (7) days.
EXHIBIT A: CUSTOMER SERVICE STANDARDS
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
Page 9 of 17
ii. For routine maintenance, such as adding or dropping service, tree trimming and
the like, reasonable notice given the circumstances. Unless a Franchise Agreement has a
different requirement, reasonable notice shall require, at a minimum, prior notice to a property
owner or tenant, before entry is made onto that person’s property.
iii. For emergency work a Cable Operator shall attempt to contact the property owner
or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not
made. Door hangars must describe the issue and provide contact information where the property
owner or tenant can receive more information about the emergency work.
Nothing herein shall be construed as authorizing access or entry to private property, or any other
property, where such right to access or entry is not otherwise provided by law.
d. Cable Operator personnel shall clean all areas surrounding any work site and ensure that all
cable materials have been disposed of properly.
D. Services for Customers with Disabilities
1. For any customer with a disability, a Cable Operator shall deliver and pick up equipment at
customers' homes at no charge unless the malfunction was caused by the actions of the customer. In the
case of malfunctioning equipment, the technician shall provide replacement equipment, hook it up and
ensure that it is working properly, and shall return the defective equipment to the Cable Operator.
2. A Cable Operator shall provide either TTY, TDD, TYY, VRS service or other similar service that are
in compliance with the Americans With Disabilities Act and other applicable law, with trained operators
who can provide every type of assistance rendered by the Cable Operator's customer service
representatives for any hearing-impaired customer at no charge.
3. A Cable Operator shall provide free use of a remote control unit to mobility-impaired (if disabled, in
accordance with Section III.D.4) customers.
4. Any customer with a disability may request the special services described above by providing a Cable
Operator with a letter from the customer's physician stating the need, or by making the request to the
Cable Operator's installer or service technician, where the need for the special services can be visually
confirmed.
E. Cable Services Information
1. At any time a customer or prospective customer may request, a Cable Operator shall provide the
following information, in clear, concise written form, easily accessible and located on Cable Operator’s
website (and in Spanish, when requested by the customer):
a. Products and services offered by the Cable Operator, including its channel lineup;
b. The Cable Operator's complete range of service options and the prices for these services;
EXHIBIT A: CUSTOMER SERVICE STANDARDS
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
Page 10 of 17
c. The Cable Operator's billing, collection and disconnection policies;
d. Privacy rights of customers;
e. All applicable complaint procedures, including complaint forms and the telephone numbers
and mailing addresses of the Cable Operator, and the FCC;
f. Use and availability of parental control/lock out device;
g. Special services for customers with disabilities;
h. Days, times of operation, and locations of the service centers;
2. At a Customer’s request, a Cable Operator shall make available either a complete copy of these
Standards and any other applicable customer service standards, or a summary of these Standards, in a
format to be approved by the Franchising Authority, which shall include at a minimum, the URL address
of a website containing these Standards in their entirety; provided however, that if the Franchising
Authority does not maintain a website with a complete copy of these Standards, a Cable Operator shall
be under no obligation to do so;
If acceptable to a customer, Cable Operator may fulfill customer requests for any of the information
listed in this Section by making the requested information available electronically, such as on a website
or by electronic mail.
3. Upon written request, a Cable Operator shall meet annually with the Franchising Authority to review
the format of the Cable Operator’s bills to customers. Whenever the Cable Operator makes substantial
changes to its billing format, it will contact the Franchising Authority at least thirty (30) days prior to the
time such changes are to be effective, in order to inform the Franchising Authority of such changes.
4. Copies of notices provided to the customer in accordance with subsection 5 below shall be filed (by
fax or email acceptable) concurrently with the Franchising Authority.
5. A Cable Operator shall provide customers with written notification of any change in rates for
nondiscretionary cable services, and for service tier changes that result in a deletion of programming
from a customer’s service tier, at least thirty (30) days before the effective date of change. For purposes
of this section, “nondiscretionary” means the subscribed tier and any other Cable Services that a
customer has subscribed to, at the time the change in rates are announced by the Cable Operator.
6. All officers, agents, and employees of the Cable Operator or its contractors or subcontractors who are
in personal contact with customers and/or when working on public property, shall wear on their outer
clothing identification cards bearing their name and photograph and identifying them as representatives
of the Cable Operator. The Cable Operator shall account for all identification cards at all times. Every
vehicle of the Cable Operator shall be clearly visually identified to the public as working for the Cable
Operator. Whenever a Cable Operator work crew is in personal contact with customers or public
employees, a supervisor must be able to communicate clearly with the customer or public employee.
EXHIBIT A: CUSTOMER SERVICE STANDARDS
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
Page 11 of 17
Every vehicle of a subcontractor or contractor shall be labeled with the name of the contractor and
further identified as contracting or subcontracting for the Cable Operator.
7. Each CSR, technician or employee of the Cable Operator in each contact with a customer shall state
the estimated cost of the service, repair, or installation orally prior to delivery of the service or before
any work is performed, and shall provide the customer with an oral statement of the total charges before
terminating the telephone call or before leaving the location at which the work was performed. A
written estimate of the charges shall be provided to the customer before the actual work is performed.
F. Customer Privacy
1. Cable Customer Privacy. In addition to complying with the requirements in this subsection, a Cable
Operator shall fully comply with all obligations under 47 U.S.C. Section 551.
2. Collection and Use of Personally Identifiable Information.
a. A Cable Operator shall not use the Cable System to collect, monitor or observe Personally
Identifiable Information without the prior affirmative written or electronic consent of the Customer
unless, and only to the extent that such information is: (i) used to detect unauthorized reception of cable
communications, or (ii) necessary to render a Cable Service or Other Service provided by the Cable
Operator to the Customer and as otherwise authorized by applicable law.
b. A Cable Operator shall take such actions as are necessary using then-current industry standard
practices to prevent any Affiliate from using the facilities of the Cable Operator in any manner,
including, but not limited to, sending data or other signals through such facilities, to the extent such use
will permit an Affiliate unauthorized access to Personally Identifiable Information on equipment of a
Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a
Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable
Service. This subsection F.2.b shall not be interpreted to prohibit an Affiliate from obtaining access to
Personally Identifiable Information to the extent otherwise permitted by this subsection F.
c. A Cable Operator shall take such actions as are necessary using then-current industry standard
practices to prevent a person or entity (other than an Affiliate) from using the facilities of the Cable
Operator in any manner, including, but not limited to, sending data or other signals through such
facilities, to the extent such use will permit such person or entity unauthorized access to Personally
Identifiable Information on equipment of a Customer (regardless of whether such equipment is owned or
leased by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable
Operator that are used in the provision of Cable Service.
3. Disclosure of Personally Identifiable Information. A Cable Operator shall not disclose Personally
Identifiable Information without the prior affirmative written or electronic consent of the Customer,
unless otherwise authorized by applicable law.
a. A minimum of thirty (30) days prior to making any disclosure of Personally Identifiable
Information of any Customer for any Non-Cable related purpose as provided in this subsection F.3.a,
where such Customer has not previously been provided the notice and choice provided for in subsection
EXHIBIT A: CUSTOMER SERVICE STANDARDS
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
Page 12 of 17
III.F.9, the Cable Operator shall notify each Customer (that the Cable Operator intends to disclose
information about) of the Customer's right to prohibit the disclosure of such information for Non-cable
related purposes. The notice to Customers may reference the Customer to his or her options to state a
preference for disclosure or non-disclosure of certain information, as provided in subsection III.F.10.
b. A Cable Operator may disclose Personally Identifiable Information only to the extent that it is
necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service
provided by the Cable Operator to the Customer.
c. To the extent authorized by applicable law, a Cable Operator may disclose Personally
Identifiable Information pursuant to a subpoena, court order, warrant or other valid legal process
authorizing such disclosure.
4. Access to Information. Any Personally Identifiable Information collected and maintained by a Cable
Operator shall be made available for Customer examination within thirty (30) days of receiving a
request by a Customer to examine such information about himself or herself at the local offices of the
Cable Operator or other convenient place within the Town designated by the Cable Operator, or
electronically, such as over a website. Upon a reasonable showing by the Customer that such Personally
Identifiable Information is inaccurate, a Cable Operator shall correct such information.
5. Privacy Notice to Customers
a. A Cable Operator shall annually mail or provide a separate, written or electronic copy of the
privacy statement to Customers consistent with 47 U.S.C. Section 551(a)(1), and shall provide a
Customer a copy of such statement at the time the Cable Operator enters into an agreement with the
Customer to provide Cable Service. The written notice shall be in a clear and conspicuous format, which
at a minimum, shall be in a comparable font size to other general information provided to Customers
about their account as it appears on either paper or electronic Customer communications.
b. In or accompanying the statement required by subsection F.5.a, a Cable Operator shall state
substantially the following message regarding the disclosure of Customer information: "Unless a
Customer affirmatively consents electronically or in writing to the disclosure of personally identifiable
information, any disclosure of personally identifiable information for purposes other than to the extent
necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other
Service, is limited to:
i. Disclosure pursuant to valid legal process authorized by applicable law.
ii. Disclosure of the name and address of a Customer subscribing to any general
programming tiers of service and other categories of Cable Services provided by the Cable
Operator that do not directly or indirectly disclose: (A) A Customer's extent of viewing of a
Cable Service or Other Service provided by the Cable Operator; (B) The extent of any other use
by a Customer of a Cable Service; (C) The nature of any transactions made by a Customer over
the Cable System; or (D) The nature of programming or websites that a Customer subscribes to
or views (i.e., a Cable Operator may only disclose the fact that a person subscribes to a general
tier of service, or a package of channels with the same type of programming), provided that with
EXHIBIT A: CUSTOMER SERVICE STANDARDS
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
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respect to the nature of websites subscribed to or viewed, these are limited to websites accessed
by a Customer in connection with programming available from their account for Cable
Services.”
The notice shall also inform the Customers of their right to prohibit the disclosure of their names and
addresses in accordance with subsection F.3.a. If a Customer exercises his or her right to prohibit the
disclosure of name and address as provided in subsection F.3.a or this subsection, such prohibition
against disclosure shall remain in effect, unless and until the Customer subsequently changes their
disclosure preferences as described in subsection F.9 below.
6. Privacy Reporting Requirements. The Cable Operator shall include in its regular periodic reports to
the Franchising Authority required by its Franchise Agreement information summarizing:
a. The type of Personally Identifiable Information that was actually collected or disclosed by
Cable Operator during the reporting period;
b. For each type of Personally Identifiable Information collected or disclosed, a statement from
an authorized representative of the Cable Operator certifying that the Personally Identifiable Information
collected or disclosed was: (A) collected or disclosed to the extent Necessary to render, or conduct a
legitimate business activity related to, a Cable Service or Other Service provided by the Cable Operator;
(B) used to the extent Necessary to detect unauthorized reception of cable communications: (C)
disclosed pursuant to valid legal process authorized by applicable law; or (D) a disclosure of Personally
Identifiable Information of particular subscribers, but only to the extent affirmatively consented to by
such subscribers in writing or electronically, or as otherwise authorized by applicable law.
c. The standard industrial classification (SIC) codes or comparable identifiers pertaining to any
entities to whom such Personally Identifiable Information was disclosed, except that a Cable Operator
need not provide the name of any court or governmental entity to which such disclosure was made
pursuant to valid legal process authorized by applicable law;
d. The general measures that have been taken to prevent the unauthorized access to Personally
Identifiable Information by a person other than the Customer or the Cable Operator. A Cable Operator
shall meet with Franchising Authority if requested to discuss technology used to prohibit unauthorized
access to Personally Identifiable Information by any means.
7. Nothing in this subsection III.F shall be construed to prevent the Franchising Authority from
obtaining Personally Identifiable Information to the extent not prohibited by Section 631 of the
Communications Act, 47 U.S.C. Section 551 and applicable laws.
8. Destruction of Personally Identifiable Information. A Cable Operator shall destroy any Personally
Identifiable Information if the information is no longer necessary for the purpose for which it was
collected and there are no pending requests or orders for access to such information under subsection 4
of this subsection III.F, pursuant to a court order or other valid legal process, or pursuant to applicable
law.
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COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
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9. Notice and Choice for Customers. The Cable Operator shall at all times make available to Customers
one or more methods for Customers to use to prohibit or limit disclosures, or permit or release
disclosures, as provided for in this subsection III.F. These methods may include, for example, online
website “preference center” features, automated toll-free telephone systems, live toll-free telephone
interactions with customer service agents, in-person interactions with customer service personnel,
regular mail methods such as a postage paid, self-addressed post card, an insert included with the
Customer’s monthly bill for Cable Service, the privacy notice specified in subsection III.F.5, or such
other comparable methods as may be provided by the Cable Operator. Website “preference center”
features shall be easily identifiable and navigable by Customers, and shall be in a comparable size font
as other billing information provided to Customers on a Cable Operator’s website. A Customer who
provides the Cable Operator with permission to disclose Personally Identifiable Information through any
of the methods offered by a Cable Operator shall be provided follow-up notice, no less than annually, of
the Customer’s right to prohibit these disclosures and the options for the Customer to express his or her
preference regarding disclosures. Such notice shall, at a minimum, be provided by an insert in the Cable
Operator’s bill (or other direct mail piece) to the Customer or a notice or message printed on the Cable
Operator’s bill to the Customer, and on the Cable Operator’s website when a Customer logs in to view
his or her Cable Service account options. The form of such notice shall also be provided on an annual
basis to the Franchising Authority. These methods of notification to Customers may also include other
comparable methods as submitted by the Cable Operator and approved by the Franchising Authority in
its reasonable discretion.
G. Safety
A Cable Operator shall install and locate its facilities, cable system, and equipment in compliance with
all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere
with or endanger persons or property. Whenever a Cable Operator receives notice that an unsafe
condition exists with respect to its equipment, the Cable Operator shall investigate such condition
immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition.
H. Cancellation of New Services
In the event that a new customer requests installation of Cable Service and is unsatisfied with their
initial Cable Service, and provided that the customer so notifies the Cable Operator of their
dissatisfaction within 30 days of initial installation, then such customer can request disconnection of
Cable Service within 30 days of initial installation, and the Cable Operator shall provide a credit to the
customer’s account consistent with this Section. The customer will be required to return all equipment
in good working order; provided such equipment is returned in such order, then the Cable Operator shall
refund the monthly recurring fee for the new customer’s first 30 days of Cable Service and any charges
paid for installation. This provision does not apply to existing customers who request upgrades to their
Cable Service, to discretionary Cable Service such as PPV or movies purchased and viewed On
Demand, or to customer moves and/or transfers of Cable Service. The service credit shall be provided
in the next billing cycle.
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COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
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IV. COMPLAINT PROCEDURE
A. Complaints to a Cable Operator
1. A Cable Operator shall establish written procedures for receiving, acting upon, and resolving
customer complaints, and crediting customer accounts and shall have such procedures printed and
disseminated at the Cable Operator's sole expense, consistent with Section III.E.1.e of these Standards.
2. Said written procedures shall prescribe a simple manner in which any customer may submit a
complaint by telephone or in writing to a Cable Operator that it has violated any provision of these
Customer Service Standards, any terms or conditions of the customer's contract with the Cable Operator,
or reasonable business practices. If a representative of the Franchising Authority notifies the Cable
Operator of a customer complaint that has not previously been made by the customer to the Cable
Operator, the complaint shall be deemed to have been made by the customer as of the date of the
Franchising Authority’s notice to the Cable Operator.
3. At the conclusion of the Cable Operator's investigation of a customer complaint, but in no more than
ten (10) calendar days after receiving the complaint, the Cable Operator shall notify the customer of the
results of its investigation and its proposed action or credit.
4. A Cable Operator shall also notify the customer of the customer's right to file a complaint with the
Franchising Authority in the event the customer is dissatisfied with the Cable Operator's decision, and
shall thoroughly explain the necessary procedures for filing such complaint with the Franchising
Authority.
5. A Cable Operator shall immediately report all customer Escalated complaints that it does not find
valid to the Franchising Authority.
6. A Cable Operator's complaint procedures shall be filed with the Franchising Authority prior to
implementation.
B. Complaints to the Franchising Authority
1. Any customer who is dissatisfied with any proposed decision of the Cable Operator or who has not
received a decision within the time period set forth below shall be entitled to have the complaint
reviewed by the Franchising Authority.
2. The customer may initiate the review either by calling the Franchising Authority or by filing a written
complaint together with the Cable Operator's written decision, if any, with the Franchising Authority.
3. The customer shall make such filing and notification within twenty (20) days of receipt of the Cable
Operator's decision or, if no decision has been provided, within thirty (30) days after filing the original
complaint with the Cable Operator.
EXHIBIT A: CUSTOMER SERVICE STANDARDS
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
Page 16 of 17
4. If the Franchising Authority decides that further evidence is warranted, the Franchising Authority
shall require the Cable Operator and the customer to submit, within ten (10) days of notice thereof, a
written statement of the facts and arguments in support of their respective positions.
5. The Cable Operator and the customer shall produce any additional evidence, including any reports
from the Cable Operator, which the Franchising Authority may deem necessary to an understanding and
determination of the complaint.
6. The Franchising Authority shall issue a determination within fifteen (15) days of receiving the
customer complaint, or after examining the materials submitted, setting forth its basis for the
determination.
7. The Franchising Authority may extend these time limits for reasonable cause and may intercede and
attempt to negotiate an informal resolution.
C. Security Fund or Letter of Credit
A Cable operator shall comply with any Franchise Agreement regarding Letters of Credit. If a
Franchise Agreement is silent on Letter of Credit the following shall apply:
1. Within thirty (30) days of the written notification to a Cable Operator by the Franchising Authority
that an alleged Franchise violation exists, a Cable Operator shall deposit with an escrow agent approved
by the Franchising Authority fifty thousand dollars ($50,000) or, in the sole discretion of the Franchising
Authority, such lesser amount as the Franchising Authority deems reasonable to protect subscribers
within its jurisdiction. Alternatively, at the Cable Operator’s discretion, it may provide to the
Franchising Authority an irrevocable letter of credit in the same amount.
The escrowed funds or letter of credit shall constitute the "Security Fund" for ensuring
compliance with these Standards for the benefit of the Franchising Authority. The escrowed funds or
letter of credit shall be maintained by a Cable Operator at the amount initially required, even if amounts
are withdrawn pursuant to any provision of these Standards, until any claims related to the alleged
Franchise violation(s) are paid in full.
2. The Franchising Authority may require the Cable Operator to increase the amount of the Security
Fund, if it finds that new risk factors exist which necessitate such an increase.
3. The Security Fund shall serve as security for the payment of any penalties, fees, charges or credits as
provided for herein and for the performance by a Cable Operator of all its obligations under these
Customer Service Standards.
4. The rights reserved to the Franchising Authority with respect to the Security Fund are in addition to
all other rights of the Franchising Authority, whether reserved by any applicable franchise agreement or
authorized by law, and no action, proceeding or exercise of a right with respect to same shall in any way
affect, or diminish, any other right the Franchising Authority may otherwise have.
EXHIBIT A: CUSTOMER SERVICE STANDARDS
COMCAST OF COLORADO VII, LLC/ TOWN OF AVON: Customer Service Standards
Sept. 8, 2016 – Dec. 31, 2022
Page 17 of 17
D. Verification of Compliance
A Cable Operator shall establish its compliance with any or all of the standards required through annual
reports that demonstrate said compliance, or as requested by the Franchising Authority.
E. Procedure for Remedying Violations
1. If the Franchising Authority has reason to believe that a Cable Operator has failed to comply with any
of these Standards, or has failed to perform in a timely manner, the Franchising Authority may pursue
the procedures in its Franchise Agreement to address violations of these Standards in a like manner as
other franchise violations are considered.
2. Following the procedures set forth in any Franchise Agreement governing the manner to address
alleged Franchise violations, if the Franchising Authority determines in its sole discretion that the
noncompliance has been substantiated, in addition to any remedies that may be provided in the
Franchise Agreement, the Franchising Authority may:
a. Impose assessments of up to one thousand dollars ($1,000.00) per day, to be withdrawn from
the Security Fund in addition to any franchise fee until the non-compliance is remedied; and/or
b. Order such rebates and credits to affected customers as in its sole discretion it deems
reasonable and appropriate for degraded or unsatisfactory services that constituted noncompliance with
these Standards; and/or
c. Reverse any decision of the Cable Operator in the matter and/or
d. Grant a specific solution as determined by the Franchising Authority; and/or
e. Except for in emergency situations, withhold licenses and permits for work by the Cable
Operator or its subcontractors in accordance with applicable law.
V. MISCELLANEOUS
A. Severability
Should any section, subsection, paragraph, term, or provision of these Standards be determined
to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction with regard
thereto, such determination shall have no effect on the validity of any other section, subsection,
paragraph, term, or provision of these Standards, each of the latter of which shall remain in full force
and effect.
B. Non-Waiver
Failure to enforce any provision of these Standards shall not operate as a waiver of the
obligations or responsibilities of a Cable Operator under said provision, or any other provision of these
Standards. Revised 6/18/13.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Kelly Huitt, Budget Analyst Meeting Date: August 9, 2016
Agenda
Topic: Review and Action on Mr. Tom Ruemmler’s Appeal on the Denial for a Real
Estate Transfer Tax Refund
ACTION BEFORE COUNCIL
Action on Mr. Tom Ruemmler’s appeal on the denial for a real estate transfer tax refund
PROPOSED MOTION(s)
• “I move to approve Mr. Tom Ruemmler’s appeal for the refund of real estate transfer tax
paid in error”
OR
• “I move to deny Mr. Tom Ruemmler’s appeal for the refund of real estate transfer tax paid in
error”
SUMMARY
Attached is an appeal of the Town’s denial of Mr. Tom Ruemmler’s request for a refund of real estate
transfer tax. In April 2016 Mr. Ruemmler and Judith Douglas applied for a primary residence
exemption on the 5/22/2015 purchase of the residence at 2011 Beaver Creek Point. The grantee on
the application is Malaide LLC. Mr. Ruemmler expressed that he was unaware of the primary
residence exemption at the time of closing, 11 months prior, and would now like to request a refund
of the $3,200 maximum primary exemption. Mr. Ruemmler requested a refund within the one year
timeframe stipulated in section 3.12.140. However, section 3.12.070(a) states that “An application
may be filed no more than seventy-five (75) days prior to a transfer of real property or within
seventy-five (75) days after the transfer of real property. No application for exemption from real
property transfer tax shall be received and no such application shall be approved if submitted to the
Town more than four (4) months after the date of transfer, unless the Finance Director finds good
cause exists for a later filing.” And section 3.12.140 states that “The failure to file an application for
exemption from a real estate transfer tax within the timeframes established in Section 3.12.070 shall
not constitute the payment of a real estate transfer tax in error.”
In addition to the lapse in deadline, the grantee on the application and owners on the title of the
property is Malaide LLC. The Town has not historically granted primary residence exemptions to
LLCs, trusts, or otherwise - only to actual persons; although applicants have been allowed to make
subsequent transfers of their property into trusts or LLCs for estate planning purposes without
incurring any additional RETT.
The relevant sections of the Municipal Code have been copied below:
3.12.060 - Exemptions.
Unless the method of transfer is contrived for the purpose of evading the real property transfer tax
imposed by this Chapter, the real property transfer tax shall not apply to the situations described
below:
(15) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for any sale
or conveyance of real property and completed improvements for occupancy as a primary
residence, provided the following conditions are met:
a. The same applicant has not previously received an exemption pursuant to this
subsection;
b. An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1. An affidavit that the real property is being purchased for use as a primary
residence and not for investment or resale (provided that a co-signor shall not
disqualify the exemption for the applicant where the co-signor is signing for the
sole purpose of facilitating the financing qualifications of the applicant/primary
resident and signs an affidavit that the co-signor is not a co-purchaser for
investment or resale purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with
interest accruing at the rate hereinafter provided, providing that the tax and the
promissory note including accrued interest shall be due and payable in full in the
event the applicant shall fail to occupy and use the property as a primary
residence within the timeframe established under the definition of primary
residence found in Section 3.12.020 or shall cease to use the property as his or her
primary residence within one (1) year after closing and granting to the Town a lien
securing such indebtedness, which lien shall be subordinate to any first mortgage
or deed of trust of record.
c. The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
3.12.070 - Application for exemption—appeal.
(a) Application required. No transfer of real property shall be exempt from the imposition of the
real estate transfer tax imposed in Section 3.12.030 unless a complete application for exemptions is
filed with the Town and such application is approved by the Town. An application may be filed no
more than seventy-five (75) days prior to a transfer of real property or within seventy-five (75) days
after the transfer of real property. No application for exemption from real property transfer tax shall
be received and no such application shall be approved if submitted to the Town more than four (4)
months after the date of transfer, unless the Finance Director finds good cause exists for a later
filing. Notwithstanding the foregoing, an application for exemption for low and moderate income
housing projects pursuant to Section 3.12.060(14) must be submitted and approved prior to the
transfer of real property and no such application for exemption pursuant to Section 3.12.060(14) may
be received or approved after the transfer of real property.
3.12.140 - Refund of tax paid in error.
A transferee who has paid a real estate transfer tax, or portion thereof, in error may apply for a
refund. Any such application for refund must be filed within one (1) year after the day of recording of
the deed causing the transfer. The failure to file an application for exemption from a real estate
transfer tax within the timeframes established in Section 3.12.070 shall not constitute the payment of
a real estate transfer tax in error. Any person whose application is denied may appeal to the town
council in accordance with Subsection 3.12.070(b) of this chapter.
Staff Response: Mr. Ruemmler’s exemption application was denied by staff based on the
relevant sections of the Town of Avon Municipal Code copied above.
ATTACHMENTS
Tom Ruemmler Appeal
Malaide LLC RETT Exemption Application
Tom Ruemmler Denial Letter
Tom Ruemmler Judy Douglas 2011 Beaver Creek Point Box 2726 Avon< CO 81620 719 293-0655 571 429-2505 TRuemmler@hotmail.com Ctrixieski@gmail.com 6-18-2016 Avon Town Council To Whom it May Concern;
Judy Douglas and Tom Ruemmler would like to appeal the denial of our
application for the $160,000 exclusion of the RETT for primary residence
owners (for 2011 Beaver Creek Point). We would like this put on the agenda
after August 3, 2016 as we will be out of town.
Thank You
Tom Ruemmler
Judy Douglas
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, Planning Director
David McWilliams, Town Planner
Meeting Date: August 9, 2016
Agenda Topic: Work Session and Review of Options and Direction
Developing Managed Parking Program for 2016/2017 Ski Season
Council Action
Direction on Managed Parking options for 2016/2017 Ski Season.
Background
Town Council requested proposed responses to the new parking fees, which will be implemented by
Beaver Creek Resort at the Elk and Bear lots, in November 2016. The Resort will charge $10 per
vehicle to park at the Elk and Bear lots directly across from the Town on Highway 6, from 6am – 1pm,
with free parking offered after 1pm. The Town anticipates increased pressure on free public parking
with the change, as skiers and others who have been using the Resort lots would see free public
parking in Avon as a positive alternative. For skiers, Avon’s Skier Shuttle provides a viable alternative
to mountain access.
On July 30, 2016, a staff meeting was held to discuss potential parking policy changes in response to
the increased parking demand. Consultants and immediate stakeholders also were in attendance.
The group included Scot Martin and Gregory Shumate, Senior Associates with Desmond Design
Management; Dan Leary, Traer Creek; Terry Smith, Eagle Valley Library District; Virginia Egger, Town
Manager; Jane Burden, Transit Director; Greg Daly, acting Police Chief; Justin Hildreth, Town
Engineer; Matt Pielsticker, Planning Director; and David McWilliams, Town Planner.
Desmond Design Management representatives were invited to the meeting to assess the Town’s
position relative to other resort communities and best practices in the parking management field.
This Memorandum summarizes the two options identified from the session for possible
implementation this fall.
Options
1. No changes to current parking hours in the Town of Avon
The meeting participants discussed the potential of continuing the current parking plan in Avon,
which allows free parking with no time limits from 6am – midnight on most of the Town’s street
parking spaces and in publically owned lots; no overnight parking is allowed.
This parking plan was implemented last fall and has resulted in greater use of available
parking spaces in the West Town Core, which was the goal of the plan. There is very little
on street parking in the eastern core. Tract A is a Town-owned lot and discussed below.
Page 2
There has been no indication of driver congestion looking for spaces. It is observed that
users of the spaces include commercial core employees, skiers, and park and river users.
This approach would maintain current parking time limits, but increase the number of
spaces for the library to a total of 50 placed along Mikaela Way, on the north side of the
Library in the Recreation Center lot, with the balance at Town Hall for employees.
It is anticipated that this approach could result in diminished parking for users other than
skiers who want to benefit from free parking between 6am – 1pm.
If parking or congestion problems occur, it would be challenging to implement a
different parking plan mid-ski season.
2. Managed Plan with 2-hour limits until 1pm and Permits
A second strategy would be to match the Resort paid parking program in the West Town Core to:
Incentivize skiers to use the Resort lots
Test a permit parking system - pay and free - in Avon
Provide a stable and consistent amount of parking for local businesses and other uses
Shift commercial employee parking to Tract A at Chapel Place
The strategy includes the following:
Parking spaces in East Municipal lot, East side of Recreation Center, Mikaela Way, along
West Benchmark Road, and Lake Street:
Would be signed and enforced for free 2 hour use until 1pm; unlimited time
parking would be allowed after 1pm
In addition, provide an all-day parking permit option for a fee. This permit would
be available for a nominal fee and would allow pass holders to park in designated
2-hour spaces for an unlimited amount of time.
Provide Library parking as described in #1 above.
Tract A at Chapel Place
The Town owns this parking lot, totaling 143 spaces of the 247 shown in Exhibit 1.
A Parking Maintenance Agreement with Traer Creek- RC states the Town will allow
and enforce short term parking and Traer Creek will maintain the lot, including
snowplowing. The Town may not charge for parking.
Staff believes, and in conversations last summer with Pier 1, at least 120 of the
spaces are not used.
It is proposed this lot become permitted parking until 1pm for commercial core
employees. A small administrative fee would be charged to the employer. After
1pm the 120 spaces would be open as free unlimited time parking.
The Town would provide snow removal.
West Beaver Creek Boulevard
All the spaces along West Beaver Creek Boulevard would remain all-day for now.
This area may be used by some skiers, but would not provide a volume or
consistency of parking to make its use habitual. Likewise, many locals only ski for
a few hours, and it is anticipated that spaces occupied by skiers will experience
some turnover by noon.
Enforcement
The commitment to and consistency of enforcing any parking program is important. Enforcement
of all-day parking is low-cost and only takes on critical importance between midnight and 6am.
Implementing 2 hour spaces and permit only spaces would require monitoring with greater
frequency to ensure adherence to the rules.
Page 3
During the review work for Tuesday’s meeting, staff became aware of the efficiency of License Plate
Readers (LPRs). This electronic system, used in Aspen and other municipalities today, has the ability
to quickly read license plates and register if the vehicle on a succeeding read has parked according to
the time limit. It also is valuable in providing data on vehicle parking patterns in all parking spaces.
The equipment can be mounted in a patrol car or other vehicle and information, we are told, can
seamlessly interface with Avon’s ecitation software.
Financial Implications
Depending on Council’s preferred action, additional resources may be required, including new
signage, the LPR software and hardware for enforcement and Tract A snowplowing. These
estimates give a general idea of added expense to actively manage parking in the Town core area.
• Signage [Funding from the General Fund]
$2,600 – Based upon replacing signs in Municipal lot, Recreation Center, West Benchmark
Road, and Lake Street.
• License Plate Reader (LPR) [Funding from the Capital Projects or General Fund]
$50,000 - LPR device
$5,000 - Installation and training
$5,000 - Annual Maintenance and Cloud web-based platform
$5,000 – 2 year warranty
• Maintenance [Funding from the General Fund]
TBD - If the Town takes over management of the Tract A area there will be snowplowing
costs in 2017; which are believed to be $3,000 - $5,000 per year, depending on snowfall. If a
program continued into the summer the Town should anticipate annual striping, and
additional signage costs to define a managed parking area.
Monitoring
Town staff would be relied upon to monitor any parking plan changes directed by the Council. Of
special interest will be monitoring the change in ridership on Avon’s Skier Bus.
Attachments
Exhibit 1 – Public Parking Locations and Spaces
Exhibit 2 – Public Parking Map
Exhibit 1 – Public Parking Supply and Locations
West Town Center Spaces
Avon Elementary 72
Lot 16 Park 19
Town Hall/Lake St 123
Rec Center/Fire 93
West BC Blvd 22
Mikaela Way 25
New Town Hall 36
Wyndham On-Street 3
393
East Town Center
E. Benchmark Rd 21
Chapel Place 9
Behind Chapel Sq. 30
Pier 1 Lot (Total) *247
307
Village
Traer Creek Plaza- P1 82
Traer Creek Plaza- P2 88
170
Total Public Parking Spaces 870
*Managed Parking area would be approximately 75-100 spaces
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Exhibit 2
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: August 9, 2016
Agenda Topic: Review of Booting Practices in Avon and Comparable Colorado Municipalities for
Direction
SUMMARY:
On June 14, 2016, Ordinance 16-11 was presented to Council to amend sections of the Avon Municipal
Code concerning vehicle impoundment and immobilization. Council tabled the item and provided
direction to Town staff to research the processes of vehicle impoundment and immobilization, and
regulations for private booting companies in several other municipalities. Additionally, staff was
directed to conduct outreach to local businesses and commercial property owners that contract with
booting and/or towing companies, to gauge opinion and sentiments on the issue.
BACKGROUND:
In 2009, the Avon Town Council considered whether to regulate private companies that immobilize
vehicles by “booting”. Consideration was given to the legalities, practices in other communities and
the public interest. The Colorado Attorney General’s (AG) office and the District Attorney (DA) both
found vehicle owners have the right to due process if their vehicles are immobilized or towed. The AG
and DA letters are included with this memorandum. There was substantial research into laws and
practices of other states concerning the regulation of private booting companies. The Town Council
adopted Ordinance 09-10 to enact regulations for private booting companies, referred to as Parking
Enforcement Companies.
OUTREACH:
The Avon Police Department has completed community outreach regarding vehicle immobilization
procedures in Avon, particularly in the Town core. Master Police Officer Chris Peck visited with a
variety of business proprietors and property managers to survey their response to a number of
questions. Owners or managers of the following businesses were interviewed: Bob’s Place, Venture
Sports, Avon Bakery, Beaver Liquors, Treasures Quality Consignments, High Gear Cyclery, Loaded
Joe’s, Montana’s Smokehouse and Pazzo’s Pizzeria. In addition, property managers for Avon Center
and Aspens Mobile Home Village were surveyed. A summary of their responses is below:
Question – How do you feel about the current municipal ordinance regarding regulations for
private booting companies?
Generally speaking, respondents were supportive of booting as a mechanism for parking
enforcement but some respondents had an issue with the practices of one booting company in
particular and how that company operates. Respondents commented that this company is “too
strict” and at times booting is not executed with “common sense”. One property manager, who
referenced the same booting company, supported the practices and believed that at times, violators
are not truthful regarding their intent. The property manager stated that the property restricts
parking only to those patronizing the businesses on the property.
Question – Can you recommend any better practices in which the Town of Avon can handle
booting?
There was a mixture of responses. Proposals from respondents included parking meters, more free
on-street parking and a grace period before a vehicle is booted.
Question – How have you or your business been affected by booting on private commercial
property?
Respondents explained the negative impacts on customers and further explained the detrimental
effects on the businesses as sometimes customers will not patronize a business because of a 2-hour
restricted use in the private parking lot. One business owner stated that some employees have been
booted, while another complained that legitimate customers have been booted when they walked
across the street to another business. Other complaints included that there is no parking for sales
representatives and businesses have lost customers because of booting.
Question – Do you think the municipal ordinance regarding regulations for private booting
companies should be repealed or modified?
The majority of responses included recommendations to modify the ordinance as opposed to
repealing the ordinance entirely. Some of the recommended modifications included to allow a grace
period, with one recommending up to four hours before booting.
RESEARCH:
As previously mentioned, staff was directed to conduct research on the processes of vehicle
impoundment and immobilization, and regulations for private booting companies in several other
municipalities. Staff researched the municipal codes and contacted representatives of the towns of
Breckenridge and Vail and the city of Aspen.
Aspen
The City of Aspen has not enacted any regulations for private booting companies. According to
a representative with the Aspen Police Department, they rarely, if ever, have any issues
regarding booting companies. It was emphasized that a booting issue would be between the
property owner and the owner of the booted vehicle.
Breckenridge
The Town of Breckenridge has not enacted any regulations for private booting companies. A
sergeant with the Breckenridge Police Department, who oversees parking enforcement, said
she has never encountered an issue related to booting. She explained that there are a couple
of businesses that boot vehicles themselves if vehicles are parked illegally. They leave the boot
on the vehicles until a tow truck company arrives. Those businesses that apply boots
themselves rarely have to do it and their private parking lots are well-signed.
Vail
The Town of Vail has not enacted any regulations for private booting companies.
OPTIONS:
This is a policy decision for the Town Council and no recommendation is offered. Potential options are
outlined below:
1. Council may choose to amend the current regulations to include the following revisions:
• Allow businesses to apply boots themselves by waiving the license requirement in section
5.12.020 of the Avon Municipal Code, or continue to utilize the services of a licensed
parking enforcement company. However, the licensed parking enforcement company may
only boot based on a complaint from a business or property owner. They cannot boot
based on their own observations. This would eliminate the need for post-seizure hearings
conducted by the Avon Municipal Court for cases involving commercial private properties.
• All residential private home owner associations or property managers may apply boots
themselves by waiving the license requirement in section 5.12.020 of the Avon Municipal
Code. In addition these entities may continue to contract with a parking enforcement
company. Those companies will not need to have a complainant in order to boot vehicles.
It can be based on their observations. Cases involving residential private properties will still
be subject to a post-seizure hearing.
• Require private parking lots that utilize licensed parking enforcement companies to be
adequately signed that illegally parked cars will be immobilized.
• Permit the municipal court discretion to reverse or reduce an immobilization fee.
2. Council may choose to amend the current regulations to include the following revisions:
• Implement a one (1) hour (or longer) grace period that prevents a parking enforcement
company from immobilizing a vehicle until after the one hour mark.
If the one hour mark is reached and the parking enforcement company believes
the driver of the vehicle did not patronize any businesses on the property, the
vehicle may be immobilized.
• Require businesses to implement a validation system in order to give patrons the ability to
prove patronization of a business associated with a particular private parking lot.
• If businesses do not elect to utilize the services of a licensed parking enforcement
company, allow businesses to apply boots themselves by waiving the license requirement
in section 5.12.020 of the Avon Municipal Code.
3. Council may elect to amend the current regulations to include the following revisions:
• Permit payment by credit card in addition to payment by cash.
• Clarify grounds for finding a lack of “moral character” that would justify suspending or
revoking a license.
• Change the standard to uphold a vehicle immobilization from “probable cause” to actual
violation of parking rules and compliance with all vehicle impoundment rules.
• Change the minimum hearing cost from $100 to an amount to be determined by the
municipal court.
• Permit the municipal court discretion to reverse or reduce an immobilization fee.
4. Council may repeal the booting regulations established by Ordinance 09-10. Oversight and due
process for parking enforcement companies that boot within the Town of Avon would be
eliminated.
5. Council may choose to outlaw the practice of booting within the Town of Avon.
ATTACHMENTS:
AG Opinion re: Booting – February 19, 2009
Heil/Conboy Memo – March 5, 2009
District Attorney Opinion re: Booting – March 20, 2009
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council Members
CC: Larry Brooks, Town Manager; Chief Brian N. Kozak, Avon Police Department
FROM: Mary Conboy, Associate Attorney
THROUGH: Eric Heil, Town Attorney
DATE: March 5, 2009
SUBJECT: Private Booting of Vehicles
SUMMARY: This memorandum discusses the legality of booting vehicles parked on private property, applicable state statutes, and vehicle booting laws from other jurisdictions. To date,
neither the Colorado courts nor the Attorney General have addressed the legality of booting
vehicles on private property. Unlike towing companies, private booting companies are not regulated by the Public Utilities Commission.
Other jurisdictions are split on whether private booting constitutes illegal tampering of a motor vehicle or justified self-help for the protection of private property from trespass. The states of
Utah, New York and North Carolina have examined the issue of private booting and have issued
decisions that the booting of private vehicles on private property constitutes justified protection of private property. The California Attorney General has issued a formal opinion that booting
vehicles on private property constitutes criminal vehicle tampering. Some states, such as Washington, have enacted legislation that specifically prohibits and criminalizes booting of vehicles on private property by private companies.
PROTECTION OF PRIVATE PROPERTY: Several states have held that vehicle booting on
private property is justified and reasonable protection of property rights.
North Carolina: The North Carolina Supreme Court recently ruled on whether private booting
of vehicles constitutes justified protection of private property in the case of Kirschbaum v.
McLaurin Parking Co., 656 S.E. 2d 683, (North Carolina 2008). In Kirschbaum, the Plaintiff had a boot affixed to his vehicle after he illegally parked it in a private lot. The Plaintiff raised a claim
that the Defendants committed “trespass to chattel” by placing a boot on his vehicle. The Court
in Kirschbaum considered the application the two state statutes, the first stating that it is unlawful for an unauthorized person to park in a private parking space provided that the private
parking lot contains certain signage (N.C. Gen.Stat.§20-219.2 (2005)) and the second stating
that tampering with a vehicle without the owner’s consent is a Class 2 misdemeanor (N.C. Gen.Stat.§20-107 (2005)). The Court reconciled these statutes by recognizing the principle
that:
Legality of Private Vehicle Booting
March 5, 2009
Page 2 of 5
“[O]ne is privileged to commit an act which would otherwise be a trespass to a
chattel or a conversion if the act is, or is reasonably believed to be, necessary to
protect the actor's land or chattels or his possession of them, and the harm inflicted is not unreasonable as compared with the harm threatened.”
Restatement (Second) of Torts § 260(1) (1965)
The Court in Kirschbaum dismissed the vehicle owner’s claims holding that the application of a boot may be an interference with the property of a trespasser; however, the owner of the real
property is privileged to protect their right to exclusive possession of their property by such application.1 Interestingly, Kirschbaum went on to recognize limits to a property owner’s rights
to protect their property, stating that rightful possession to property cannot be vindicated by a
bludgeon, but must be determined by a resort to legal proceedings. The Court in Kirschbaum noted that the private towing company provided a telephone number for removal of the boot as
well as an appeals process for improper booting.
Utah: The Utah Attorney General’s Office issued an opinion on August 26, 2008, stating that
local regulations enacted by Logan City which authorized private booting with limitations were
legally permissible. In Logan City, Utah individuals who did not have a proper permit and improperly parked on private property within the City limits were subject to having their vehicles
booted by a private parking enforcement company contracted by the property owner. The
individual was required to pay a fee to the booting company to have the boot removed.
Logan City adopted an ordinance to regulate the booting practices of private property owners
within the City’s limits. The legality of the ordinance was questioned as citizens were concerned that the private vehicle booting violated Utah law. The Attorney General took the position that
Logan City’s regulation of the practice of booting did not expand a property owner’s right to enforce parking, but limited the owner’s existing right to contract with a private company to immobilize vehicles which trespass on a private parking lot. The opinion recognized that Utah
law allows the owner of real property to regulate the use of their property when the owner allows use by the public for motor vehicle travel. §41-6a-215. The Attorney General indicated that this
statute “would include the action of private owners, upon proper notice to the public, assuring
compliance with its rules prohibiting unauthorized parking by “non-residents” by vigorous use of traditional common law remedies,” such as private vehicle booting.
In its discussion of the issue the Attorney General cited the holding in the New York case of
Forest Hills Gardens Corp. v. Baroth, 147 Misc. 2d 404 and to the holding in Kirschbaum. In
Forest Hills the New York court evaluated the issue of whether a corporate owner of a private
residential development area had the legal right to apply an immobilizing boot on unauthorized vehicles parked on its property. The Court held that there was little difference between booting
a vehicle versus towing and impoundment and that booting, compared to towing, was a
preferable option.
The Utah Attorney General’s opinion concludes by stating Logan City’s ordinance neither conflicted with nor violated any provision of Utah law.
1 The North Carolina General Assembly has specifically authorized private parking lot owners in certain counties to boot unauthorized vehicles.
Legality of Private Vehicle Booting
March 5, 2009
Page 3 of 5
ILLEGAL VEHICLE TAMPERING: The California Attorney General’s Office issued an official
opinion regarding the legality of private vehicle booting that was contrary to the opinion of the
Utah Attorney General. The California Attorney General concluded that placing a boot on a vehicle’s wheel in order to immobilize the vehicle would constitute tampering in violation of the
California Vehicle Code and in violation of state law. The California Vehicle Code provides that,
“no person shall either individually or in association with one or more other persons, willfully injure or tamper with any vehicle or the contents thereof or break or remove any part of a
vehicle without the consent of the owner.” The Attorney General opined that since the state had enacted several statutes to provide a legal means for preventing the impermissible parking of
vehicles on private property, the booting of vehicles parked on private lots by private companies
violated California law. STATE AND MUNICIPAL REGULATION OF BOOTING: The unregulated nature of private
booting companies has led to abusive practices and some states have passed legislation to prohibit booting. The Attorney General for the State of Connecticut proposed regulations that
would require a booting company to notify the police when booting, prohibit the charging of a
customer for storage for any time prior to the notification of the police, delegate rate regulation to the Connecticut Department of Motor Vehicles and allow reasonable access to recover the
vehicle.
The State of Washington passed a bill specifically prohibiting booting. The law makes
immobilizing a vehicle with a boot a misdemeanor that could lead to a year in jail. This
legislation was passed after attorneys for the Washington Department of Licensing argued that immobilizing a vehicle with a boot was an illegal impoundment and officials won a permanent
injunction against a booting company for such illegal practices.
The City Council of the City of Minneapolis, Minnesota unanimously voted to ban the practice of
booting last June in connection with a City report on abusive and predatory booting practices. Booting companies were observed booting without adequate signage and without proper
authorization. Several companies also charged unauthorized fees, used intimidating behavior
and threatened to have cars towed if booting fees were not paid immediately.
The City of Logan Utah, as discussed above, adopted an ordinance to regulate private vehicle
booting on private property within the City’s limits.
COLORADO STATUTES APPLICABLE TO BOOTING: Like California, Colorado also has a
motor vehicle tampering provision in addition to a criminal tampering provision. The language of Colorado’s tampering provision is slightly different from that of California. Colorado Revised
Statutes §42-5-103(1)(a) provides that any person who with criminal intent, “Tightens or loosens any bolt, bracket, wire, screw, or other fastening contained in, on, or forming a part of such motor vehicle,” or takes these actions against, “any part, equipment, attachment, accessory, or
appurtenance contained in or forming a part [of the motor vehicle] without the knowledge and consent of the owner of such motor vehicle commits tampering with a motor vehicle.” Colorado’s criminal tampering provision contained in §18-4-506, C.R.S., provides that a person
commits the crime of second degree criminal tampering if he tampers with property of another with intent to cause injury, inconvenience or annoyance to that person or to another.
Legality of Private Vehicle Booting
March 5, 2009
Page 4 of 5
The action enumerated in both the tampering and criminal tampering statutes clearly applies to
the act of placing a boot on a vehicle’s wheel. Moreover, it is arguable that the criminal intent
element of the statutes is also met based on the details of the complaints received by the Avon Police Department.
The Office of the Colorado Attorney General recently provided an unofficial opinion to the Eagle County District Attorney which stated that the owners of vehicles that are booted on private
property should be afforded due process, such as a post deprivation hearing and ability to appeal the private booting action and protest the boot removal charges.
PUC REGULATION OF TOWING COMPANIES: Towing companies in Colorado are strictly regulated by the Colorado Public Utilities Commission (“PUC”) as provided by §40-13-
01(3)(a)(b), C.R.S. They are required to be licensed, inspected and audited. Pursuant to §40-
13-107(1)(d), C.R.S., the PUC has the duty to prescribe rules and regulations covering the operations of towing carriers which includes, but is not limited to, the circumstances under which
a towing carrier may tow a motor vehicle without the express consent of the owner. The
regulations specifically state that the towing company shall release a vehicle upon demand by the vehicle’s owner, during normal business hours, for a non-consensual tow.
Towing carrier’s fees are regulated by the PUC so that they are not allowed to charge unreasonable amounts for towing. §40-13-107(2), C.R.S., provides that the PUC may set
maximum towing rates to be collected for the towing of motor vehicles and for storage of the
same. Disputes about the legality of tows are reviewed by the commission and an independent judge. If a filed complaint proves valid, the PUC has the authority to suspend or revoke a
towing carrier’s permit and assess civil penalties pursuant to §40-13-109, C.R.S. Private booting companies, unlike towing companies, are not regulated in the State of Colorado.
Therefore, private booting companies are not subject to oversight or regulation governing the circumstances when a boot may be placed on a vehicle and the maximum fees that may be
charged for such booting. Moreover, there is neither a mechanism for the filing of grievances
nor any legal remedy for those aggrieved by the industry’s practices.
AVON’S AUTHORITY TO REGULATE PRIVATE VEHICLE BOOTING: Since Colorado has
not regulated the industry of private vehicle booting, the Town is not restricted from regulating private vehicle booting under its general police powers and home rule authority. The Town may
consider adopting regulations to govern the operation of private booting companies, which could
include the following elements:
1) require booting companies to obtain a license to conduct booting within the Town;
2) limit the circumstances under which a company may boot a motor vehicle without the owner’s consent;
3) require police notification prior to booting;
4) provide remedies for parties who have their cars illegally booted (i.e. by requiring immediate removal of the boot);
5) impose liability such as revocation or suspension of the company’s license and impose fines for failure to comply with the Town’s regulations;
Legality of Private Vehicle Booting
March 5, 2009
Page 5 of 5
6) impose specific signage requirements to notify the public when booting may occur;
7) impose maximum fees that may be charged for booting;
8) require notice be affixed to the vehicle stating who to contact to remove the boot and the cost;
9) require the booting company to maintain personnel at all times who are available to
remove the boot; and,
10) require private booting companies to provide an appeals process for alleged improper
booting.
The Town could also decide to prohibit (i.e. criminalize) private booting activities altogether.
The Town’s obligation is to enforce the Town’s municipal code and if the Town chooses to
regulate the practice of booting then it will become the Town’s duty to advise private property
owners and private businesses under which circumstances the practice of booting is legally permissible and to prosecute any violations. Alternatively, the Town could choose not to act on
the issue locally and leave the matter to the vehicle owners, private property owners, and the
District Attorney. If the Town chooses this option, then an opinion should be obtained from the District Attorney regarding whether booting is a violation of a state criminal statute(s). Once a
determination is made, the District’s Attorney’s Office would be responsible for prosecuting
booting offenses. If the District Attorney determines that booting is a violation of a criminal statute it is not the Town’s duty to advise private property owners and private businesses that
private booting is illegal.
CONCLUSION: The State of Colorado does not regulate the industry or the practice of vehicle
booting by private companies and Colorado courts have not ruled on whether private vehicle booting constitutes unlawful trespass to chattel or illegal vehicle tamper or if such activities are authorized and reasonable means for protection of private property. The Town has the authority
to regulate private booting companies pursuant to its general police powers and home rule authority. We are not aware of any municipalities in Colorado that have adopted local
regulations concerning vehicle booting by private companies.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Meeting Date: August 9, 2016
Agenda Topic: ACTION TO SUBMIT A LETTER TO THE USFS IN REGARDS TO FSR 7-779
ACTION BEFORE COUNCIL
Action to authorize the mayor to sign a letter to the United States Forest Service (USFS) asking that the USFS
consider year-round vehicle access on FSR 7-779, also known as Metcalf Creek Road.
PROPOSED MOTION
I move to authorize Mayor Jennie Fancher to submit the letter provided in Attachment A to the USFS.
SUMMARY
On July 21, 2014, the Town of Avon and the USDA Forest Service (USFS) executed a Memorandum of
Understanding stating certain terms regarding the study and potential improvements to provide year-round
use of USFS 7-779 also known as Metcalf Road (Attachment 1) The access point was closed to motorized
vehicles (predominantly snow machines) during the winter season in 2011 when the USFS finalized it “travel
management plan”. Snow machine winter access was allowed to continue from Berry Creek.
At the request of the Holy Cross Powder Hounds Snowmobile Club and other snow machine enthusiasts,
Town Council has been requested to send the USFS a letter to propose year-round access (Attachment 1,
paragraph 2) and to propose and fund improvements to Tract I, described in the MOU’s paragraph 1. In a
spring meeting with the Powder Hounds, USFS and the Town Manager, the USFS offered that:
• Upon receipt of the letter the USFS will schedule the appropriate review under NEPA (paragraph 3).
The queuing of the review could take 1 – 3 years depending on USFS staffing and other priority work.
• The Town in sending a letter should request that the USFS in its study consider allowing the parking
lot for Metcalf Road, if approved, be located on the federal lands as Metcalf Road will not be able to
provide adequate parking.
• The estimated cost of the parking and access improvements is $250,000. Staff will recommend the
expenditure in the Five Year Capital Improvements Fund in 2018.
• A potential and likely outcome of the study, if Metcalf Road is approved for winter use, the Berry
Creek access will be closed. The USFS stated this is to provide reasonable access and protect the
wildlife winter habitat. Powder Hound representatives said they would reach out to the Berry Creek
users to update them on the Town of Avon action.
The proposed letter is provided as Attachment 2.
ATTACHMENTS
Attachment 1 – Memorandum of Understanding
Attachment 2 – Letter to the USFS
ATTACHMENT 1
Post Office Box 975
One Lake Street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY DISTRIBUTION TO ALL PARTIES VIA EMAIL
August 9, 2016
Acting District Ranger Aaron Mayville
United States Forest Service
White River National Forest, Eagle-Holy Cross Ranger District
24747 US Hwy 24, PO Box 190
Minturn, CO 81645
awmayville@fs.fed.us
Dear Aaron,
On behalf of the Town of Avon, I am proposing year-round access for all vehicles, bicycles, horse and
foot traffic be provided for FSR 7-779 (Metcalf Creek Road), except during any appropriate US Forest
Service closure. This request includes a review of year-round vehicle access and road improvements on
Metcalf Creek Road and emanates from our Memorandum of Understanding, dated July 1, 2014, which
is attached as an Attachment. As part of the Metcalf Creek Road access assessment, the Town
respectively asks the US Forest Service include the potential for constructing the needed parking area,
for the access, on US Forest Service land.
The Town understands that the US Forest Service shall consider this proposal for a Federal action under
the National Environmental Policy Act within a reasonable timeframe.
Upon a positive determination for year-round access and the location of parking, the Town of Avon is
prepared to provide improvements to Tract I, including construction of off-street parking spaces, and
potential realignment of the Metcalf Creek Road to address drainage and rutted sections. The Town
has estimated these improvements to cost approximately $250,000, and will be subject to budget
appropriation. Long term maintenance, signage and other development issues, which are identified,
can be expected to be addressed in an agreement with the US Forest Service.
The Town appreciates your timely consideration of this proposal. Please let us know that it has been
received and any indication of the estimated review period. As you are aware, this has been a long
discussed opportunity and is important to the Avon citizenry.
Sincerely,
Mayor Jennie Fancher
Town of Avon
Attachment: Memorandum of Understanding
cc: Avon Town Council
ATTACHMENT 2
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, Planning Director
Meeting Date: August 9, 2016
Agenda Topic: First Reading of Ordinance 2016-14, An Ordinance Approving Amendments to
the Public Facilities and Town Center Zone District Standards
Council Action
Action on First Reading of Ordinance 2016-14, An Ordinance approving Amendments to the Public
Facilities (PF) and Town Center (TC) zone District Standards.
Background
Shortly after the Town purchased the Mountain Vista Office Building and Lot 4, Mountain Vista
Resort Subdivision, Staff presented the option to rezone the property to PF; this would have been
concurrent with the Points of Colorado application to rezone the remainder of the Mountain Vista
Resort Subdivision as TC. While the accessory uses of the Mountain Vista building are still pending,
the potential to use ground floor space to accommodate retail, a coffee shop, a visitor’s center, or
other similar use is being considered. Analysis of the structural capability to hold additional floors,
potentially accommodating housing on the top of the building, is also forthcoming. Council provided
direction to Staff to further evaluate the zoning options so as to not restrict possibilities with new
construction.
In the interim, Staff presented draft code text amendments to the Planning and Zoning Commission
(PAC) on August 2, 2016. The intent of these changes is to amend the zoning code regulations to
reflect current conditions, and also allow flexibility for the future zoning of the Mountain Vista Office
Building. Once the final programming is determined, Staff will come back with a rezoning application
to either the PF or TC zone district.
if the property were rezoned to PF under the current code, the building would be nonconforming
due to its height (58’ estimated), and housing would not be permitted. In recent years two other PF
buildings–Avon Regional Transportation Operations Facility and Police/Fire building- were approved
over the current 40’ height limit through the Comprehensive Plan Amendment process, and the
reoccurring nature of the request merits reevaluation. Worker housing is a continual need within
Eagle County, and allowing housing in the PF district would help meet demand.
On a larger scale, these Code Amendments would permit a level of flexibility necessary for a
densifying and growing town. Avon has promoted mixed-use buildings and districts within
appropriate areas for a variety of reasons, including the reduced demand on public services,
congestion, and to promote year round use and activation in the Town Core area. Allowing
government services within the TC district would be a positive continuation of that trend, and
responds to the specific case of the Mountain Vista Office Building.
Creating more allowed uses within the PF district may help provide needed housing to appropriate
areas of the Town. Increasing building scale responds to a series of different building uses within the
Page 2
PF district that have all demonstrated the need for increased allowances. Ultimately, it is unknown
what the exact future use of the Mountain Vista Office Building will be, and these changes represent
time and location-sensitive changes to the code for future potentials.
PZC Recommendation
At the August 2, 2016 meeting PZC recommended the following code text amendments:
1. Table 7.24-1. Multi-family Dwellings will be added as a Special Review Use in the PF zone
district.
2. Table 7.20-11. Building Height Maximum will increase from 40’ to 60’ in the PF zone
district.
3. Table 7.20-11. Maximum Density (Units/Acre) assignment of 15 Units/Acre will be added in
the PF zone district.
PZC recommended that housing be added as a Special Review Use in the PF zone district in order to
review compatibility of future potential housing projects that may be located adjacent or attached to
other governmental projects and uses. For example, adding housing to a project on the Town’s
Swift Gulch was viewed as a case where additional public review by the Planning Commission is
necessary to maintain separation of semi-industrial uses and residential uses.
When discussing residential land uses on PF properties, there was a desire to add a maximum density
per acre in order to add congruency with other zone districts. The number of 15 DU/Acre was chosen
as it is comparable to the Residential Medium Density (RMD) zone district.
As mentioned above multiple projects in the PF district have already been approved and/or
construction that exceed 40’ in height. After considering implications of an increased building height
on other PF properties, the Planning Commission found the change appropriate and recommended
that the height be increased to avoid the need to process Comprehensive Plan amendments.
PZC discussed adding Governmental Uses as either a Use-by-right or Special Review in the TC zone
district. After discussing the possible negative ramifications of having such governmental land uses
(County administrative uses on ground floor of Seasons, or Fire Department office next to Avon
Station were both cited as examples), the Planning Commission recommended no changes to the TC
district and not permitting these types of uses in the future.
Staff Recommendation
Approve first reading of Ordinance 16-14, approving the following amendments:
1. Table 7.24-1, Allowed Uses, of the ADC is amended to add “S” (special review use) to the
“PF” (Public Facilities zone district) column for the following Residential Uses: Dwelling,
Single-Family Detached; Dwelling, Two-Family/Duplex; Dwelling, Townhouse; Dwelling,
Multi-Family; Dwelling, live/work; and, Accessory DU; and
2. Table 7.20-11, Dimensions for the Public Facilities District, of the ADC is amended to
remove the Maximum density and Maximum Units/lot columns; and change Maximum
Building Height from 40’ to 60’.
3. Table 7.24-1, Allowed Uses, of the ADC is amended to add “P” (permitted) to the “TC”
(Town Center zone district) column for the following Public and Institutional Uses:
Library; Government services, offices and facilities; and, Post office branches; and
Staff’s recommendation is to broaden the allowable housing types in the PF zone district. By
allowing all housing types, future housing projects would not rule out the possibility of a Townhouse
Page 3
project or other types of dwelling units. In any case, these mixed-use projects would be special
review by PZC. Limiting future projects to 15 DU/acre would not allow flexibility for innovative
housing projects. For example, the Mountain Vista Office Building less than ¼ acre in size and would
be limited three (3) units. Staff is recommending no restrictions on density for housing in the PF
zone district.
The additional building height in the PF district – 40’ to 60’ is supported and recommended for
approval.
By adding governmental office and facilities as a permitted use in the TC zone district, the Mountain
Vista Office Building could be rezoned accordingly. Alternatively, and as discussed by PZC,
governmental offices and facilities could be added as a Special Review if deemed necessary.
Options
1. Approve First Reading of Ordinance 2016-14 as drafted, thereby approving Staff’s
recommended changes to the PF and TC zone districts.
2. Approve First Reading of Ordinance 2016-14 with PZC recommendations, thereby not
permitting Governmental land uses in the TC zone district, and setting a maximum density of
15 Dwellings per/acre in the PF district.
3. Continue First Reading of Ordinance 2016-14.
Review Criteria
§7.16.040(c), Code Text Amendment Review Criteria. The PZC and Town Council shall use the
following review criteria as the basis for recommendations and decisions on applications to amend
the text of the Development Code:
(1) The text amendment promotes the health, safety, and general welfare of the Avon
Community;
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
(3) The text amendment promotes or implements the purposes stated in this Development
Code; or
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts, or other social or economic conditions.
These code text amendments are necessary to respond to changing conditions with town facilities
and Town Core development. The amendments represent changes to the code for future potential
projects that will require creativity and flexibility with land use regulations. The Town’s long range
plans acknowledge the continued trend toward ‘out of the box’ projects that may not fit squarely
within standard zone districts and could contain a mix of land uses (i.e. governmental, private, retail)
within single projects. For example, the West Town Center plan contains a concept for a parking
structure in place of Mikaela Way, with housing on top and retail at the ground level facing the Main
Street Pedestrian Mall. These code changes would allow further creativity to future public or public-
private projects.
Motion
Council action should be made by a motion and vote.
Attachment
Ordinance 2016-14
Page 1 of 3
FIRST READING – August 9, 2016
Ord No. 16-14 Amending Avon Municipal Code
TOWN OF AVON, COLORADO
ORDINANCE NO. 16-14
APPROVING CODE TEXT AMENDMENTS FOR THE PUBLIC FACILITIES
AND TOWN CENTER ZONE DISTRICTS
WHEREAS, the Town of Avon (“Town”) is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council finds that periodic review and updates to the Avon Municipal Code (“AMC”) are necessary to respond to changing conditions; and
WHEREAS, the Planning & Zoning Commission (“PZC”) of the Town of Avon held a
public hearing on August 2, 2016, after publishing and posting notice as required by law,
considered all comments, testimony, evidence and staff reports provided by the Town staff,
considered such information prior to formulating a recommendation to the Town Council; and
WHEREAS, the Town Council of the Town held a public hearing on September 13, 2016 after posting notice as required by law, considered all comments, testimony, evidence and staff
reports provided by the Town staff prior to taking any action on the Application; and
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has
considered the applicable review criteria for a Code Text Amendment; and
WHEREAS, the Town Council finds that necessary in response to new conditions affecting governmentally owned properties; and
WHEREAS, the Town Council finds approval of the Application is in compliance with the
mandatory review criteria; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code 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 the proposed zoning or other matters in this Ordinances.
Page 2 of 3
FIRST READING – August 9, 2016
Ord No. 16-14 Amending Avon Municipal Code
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. Municipal Code Amendments.
• Table 7.24-1, Allowed Uses, of the ADC is amended to add “P” (permitted) to the “TC”
(Town Center zone district) column for the following Public and Institutional Uses:
Library; Government services, offices and facilities; and, Post office branches; and
• Table 7.24-1, Allowed Uses, of the ADC is amended to add “S” (special review use) to the “PF” (Public Facilities zone district) column for the following Residential Uses:
Dwelling, Single-Family Detached; Dwelling, Two-Family/Duplex; Dwelling,
Townhouse; Dwelling, Multi-Family; Dwelling, live/work; and, Accessory DU; and
• Table 7.20-11, Dimensions for the Public Facilities District, of the ADC is amended to remove the Maximum density and Maximum Units/lot columns; and change Maximum
Building Height from 40’ to 60’.
Section 3. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
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
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 final adoption 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
Page 3 of 3
FIRST READING – August 9, 2016
Ord No. 16-14 Amending Avon Municipal Code
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. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross-reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED on August 9, 2016 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on September 13, 2016, at 5:30 P.M. in the Council Chambers,
Avon Municipal Building, One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on September 13, 2016.
BY: ATTEST: ____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: John Curutchet, Director of Recreation
Date: July 28, 2016
Topic: Public Hearing on Resolution 16-22; Authorizing the Submittal of a GOCO Grant Application and
Certifying the Town of Avon Funding Match for a New Playground at Harry A. Nottingham Park
ACTION BEFORE COUNCIL
Action on Resolution 16-22; approving GOCO grant applications and certifying matching monies for the Capital Projects
Fund.
PROPOSED MOTION
“I move to approve Resolution 16-22 approving the application for a GOCO playground grant and matching Town funds
from the Capital Projects Fund.”
BACKGROUND
In 2015, the Town released a Request for Proposals for the design and construction of a new playground in Nottingham
Park. Three of the five proposals were selected for interviews, and the team from Churchich Recreation was chosen as
the contractor. Staff worked with the Churchich group on an extensive public outreach effort to extract public
feedback and narrow the design scope to meet the desires of our community. Staff also worked with the Town
Planning and Zoning Commission to further scour design details and gather feedback. Recently, staff worked with the
Churchich team to analyze the two final design concepts and to reach consensus on which concept best fit the desires
expressed by the Avon community. Schematic design shown in Attachment A.
Town staff and the Churchich team are confident that Avon should be a highly rated project for a GOCO grant for the
construction of the new playground, however, an award cannot be guaranteed. Critical milestones include:
• Avon Town Council approving the resolution to proceed with the grant application and to certify matching
Capital Project funds; a requirement of the application
• November 2016: GOCO grant application completed and submitted
• February 2017: notice of award of the GOCO grant
• May 2017: demolition of existing playground and construction of “Destination Jump, Splash, Learn.” A
signature playground in Nottingham Park
Maximum GOCO grant funds available for the playground project: $350,000. The adopted Five Year Capital
Improvements Plan includes $350,000 marked for the Nottingham Park playground improvements in 2017. Line item
details of the $703,309 budget are included as Attachment B. Adoption of the 2017 budget this October is the needed
appropriation action for the matching funds, and the Resolution addresses that expectation.
ATTACHMENTS
A. Schematic Design
B. Project Budget
C. Resolution 16-22
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ADULT FITNESS EQUIPMENTSHADE STRUCTURES AND SLACKLINES E E XI S E E X I
Park and Amenities
Item Quantity Unit Cost Total
Playground (equipment, water play, nature play, surfacing,
installation, etc.)
Subtotal $408,570.00
Site Work (ex. playground demo, bike path relocation,
landscape, irrigation, earthwork, etc.)
Subtotal $138,878.00
Site Furnishings (new roof for picnic shelter, additional picnic
shelters, tables, benches, etc.)
Subtotal $54,600.00
Park and Amenities Subtotal $602,048.00
General
Item Quantity Unit Cost Total
Contingency 1 ls $35,000.00 $35,000.00
Insurance 1 ls $4,983.00 $4,983.00
Bonds 1 ls $5,392.00 $5,392.00
Project Management, Surveying 1 ls $55,886.00 $55,886.00
General Subtotal $101,261.00
Grand Total $703,309.00
Add Alternates - Existing Playground Area Repurpose
Item Quantity Unit Cost Total
Concept 1 - Sand Volleyball and Bocce Courts 1 ls $35,000.00 $35,000.00
Concept 2 - Shade Structures and Slackline 1 ls $56,400.00 $56,400.00
Concept 3 - Pump Track 1 ls $42,437.00 $42,437.00
Concept 4 - Adult Fitness Equipment 1 ls $58,145.00 $58,145.00
Note: Cost estimate prepared by Evans Chaffee Construction Group, Churchich Recreation LLC and Norris Design.
Note: Cost estimate does not include permitting fees, tap fees, electrical or structural. This estimate is based on plan dated 8/3/16 and
is subject to change. All estimates are approximate, do not include escalation and to be verified by contractor at time of construction.
Town of Avon : Nottingham Park Playground Budget Estimate
Destination Jump, Splash, Learn
August 3, 2016
Page 1
RESOLUTION 16-22
APPROVING A GOCO GRANT APPLICATION AND CERTIFYING
MATCHING FUNDS FROM THE CAPITAL PROJECTS FUND
WHEREAS, the Town of Avon in partnership with the community has completed the design of a
new playground to be located in Harry A. Nottingham Park; and
WHEREAS, the new playground is included in the Town of Avon’s adopted Master Plan for Harry
A. Nottingham Park, a plan which envisions development of the playground to include educational
and interactive play elements with easy access to the natural environment; and
WHEREAS, the new playground has been designed to meet the goals of the Master Plan and, as
such, has been named Destination Jump, Splash, Learn to fully describe the characteristics of the
new structure and interface of play and learning in the park’s natural environment and its small
stream; and
WHEREAS, Destination Jump, Splash, Learn will provide a signature, beautiful and functional
playground for all of Avon’s citizens and especially those who use the park as an integral recreational
place for their families, including those who live and work in Avon and have household incomes
significantly below the State’s median income; and
WHEREAS, the Town has completed a cost estimate of $700,000.00 for the new playground and
intends to apply for a GOCO grant in the amount of $350,000.00 to partially fund Destination Jump,
Splash, Learn; and
WHEREAS, $350,000.00 of matching funds from the Town will be reserved in the Town of Avon
2017 Capital Projects Fund, subject to appropriation by the Town Council, if the grant is approved.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: The
Avon Town Council hereby approves the submission of an application for a GOCO grant and certifies
that $350,000.00 will be appropriated from the Capital Projects Fund to match a grant award.
ADOPTED August 09, 2016, by the Avon Town Council.
By:_______________________________ Attest:___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Amendment to Ground Lease for the Avon Water Treatment Plan
DATE: August 3, 2016
SUMMARY: The Town of Avon approved a 99 year Ground Lease on Tract P, Benchmark at Beaver
Creek, Avon, Colorado, as the Lessor with the Upper Eagle Regional Water Authority (“Authority”) on April
30, 1985, in order to facilitate the Authority’s construction of water treatment plant in Avon. The original
Ground Lease included the footprint of the existing building. The Authority has been using additional area
around the building for parking, deliver, storage and general work. The Authority is requesting the Town of
Avon to approve a First Amendment to the Ground Lease (“First Amendment”) to expand the leased area
to include the existing fenced area and small amount of additional land to the east. The First Amendment
is for a period greater than 1 year; therefore, Council must approve the First Amendment by ordinance.
PROPOSE MOTION: “I move to approve first reading of Ordinance No. 16-17 Approving the First
Amendment to the Ground Lease on Tract P, Benchmark at Beaver Creek, Avon, Colorado.”
FIRST AMENDMENT TERMS: Besides expanding the area of the Ground Lease, the First Amendment
would extinguish the Town of Avon’s reserved “airspace” to construct a municipal facility above the existing
water treatment plant. The reserved airspace is not practical legal development right for the Town of Avon
due to security considerations for public drinking water authorities.
A municipal drainage feature crosses the far east portion of the expanded Ground Lease area. The
First Amendment acknowledges the existing municipal drainage feature and provides that the Ground
Lease shall be subject to the existing drainage feature.
Thank you, Eric
ATTACHMENTS: Ordinance No. 16-17 w/ the First Amendment to Ground Lease
1985 Ground Lease
M EMORANDUM & PLANNING, LLC
Ord 16-17 Amending Ground Lease for Avon Water Treatment Plant
FIRST READING – August 9, 2016
Page 1 of 2
TOWN OF AVON, COLORADO
ORDINANCE NO. 16-17
AMENDING THE FIRST AMENDMENT TO GROUND LEASE ON TRACT P,
BENCHMARK AT BEAVER CREEK, AVON, COLORADO
WHEREAS, the Avon Home Rule Charter and Colorado Revised Statute Section 31-15-
713(1)(c) authorizes the Town Council to lease property for a period of more than one year by
ordinance; and
WHEREAS, the Town of Avon and the Upper Eagle Regional Water Authority entered into
a Ground Lease dated April 30, 1985, which provided a 99 year ground lease for a portion of
Tract P, Benchmark at Beaver Creek, Avon, CO (“Ground Lease”); and,
WHEREAS, the Upper Eagle Regional Water Authority desires to expand the area of the
Ground Lease to include adjacent areas;
WHEREAS, the Avon Town Council finds that approval of the First Amendment to Ground
Lease will promote the efficient and secure provision of drinking water to the Avon community
and will thereby promote the health, 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 with 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 this Ordinance 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. Amended Lease Authorized. The Town Council hereby approves the First
Amendment to the Ground Lease attached hereto as Exhibit A and further authorizes the Mayor
and Town Clerk to execute the First Amendment to Ground Lease.
Section 3. 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
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
Ord 16-17 Amending Ground Lease for Avon Water Treatment Plant
FIRST READING – August 9, 2016
Page 2 of 2
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 4. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. 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 6. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 9, 2016 and setting such public hearing for September 13, 2016 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on September 13, 2016.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
EXHIBIT A:
FIRST AMENDMENT TO GROUND LEASE
{00486769.DOCX / 4}
FIRST AMENDMENT TO GROUND LEASE
THIS FIRST AMENDMENT TO GROUND LEASE (“Amendment”) is made
as of October 13, 2016 by and between TOWN OF AVON, a home rule municipal
corporation of the State of Colorado (hereinafter “Lessor”) and UPPER EAGLE
REGIONAL WATER AUTHORITY, a separate governmental entity established
pursuant to Section 29-1-204.2, C.R.S. (hereinafter “Lessee”).
RECITALS
WHEREAS, Lessor and Lessee entered into that certain Ground Lease (“Lease”)
dated April 30, 1985, recorded May 1, 1984 in Book 412 at Page 782 of the records of
the Clerk and Recorder of Eagle County, Colorado; and
WHEREAS, the Lease provides for Tenant to finance, construct, operate and
maintain a water treatment plant and activities related thereto (the “Project”) for Lessee’s
use and benefit for a term of 99 years ending on April 30, 2084; and
WHEREAS, and the rent payment due for the term of the Lease has been paid in
full; and
WHEREAS, Lessee has completed the construction and expansion of the Avon
Water Treatment Facility (“AWTF”) on the leased premises, a portion of Tract “P”,
Benchmark at Beaver Creek Subdivision, Town of Avon, County of Eagle and State of
Colorado, as provided in the Lease and continues to occupy and operate the AWTF for
the benefit of Lessor and the other Contracting Parties of the Upper Eagle Regional
Water Authority, subject to the terms and provisions of the Lease; and
WHEREAS, Lessee has occupied and fenced an area greater than and extending
beyond the footprint of the original Lease which is beneficial and essential for operation
and security purposes of the AWTF; and,
WHEREAS, Lessor desires to extend the area of the Lease to promote the
efficient and secure operations of the AWTF, and furthermore Lessee does not desire to
reserve any air rights to construct municipal facilities above the AWTF during the
remaining term of this Lease; and,
WHEREAS, the term of the Lease continues as provided therein and the Parties
now wish to substitute a new legal description of the Premises to be Leased in place of
Exhibit “A” attached to the Lease for the mutually beneficial reasons listed above.
NOW, THEREFORE, for consideration of goodwill, mutual promises and
cooperation, the parties hereto agree as follows:
{00486769.DOCX / 4} 2
1. PREMISES TO BE LEASED. The real property to be leased is located in
the Town of Avon, County of Eagle, Colorado, and is described as follows:
A parcel of land located in Amendment No. 3, Benchmark at Beaver Creek,
Section 11, Township 5 South, Range 82 West of the 6th Principal Meridian, Town
of Avon, Eagle County, Colorado being more particularly described as follows:
Beginning at the Southwest corner of Tract P, Amendment No. 3, Benchmark at
Beaver Creek, thence along the Westerly line of Tract P, also being the Easterly
R.O.W. of Beaver Creek Blvd. along the arc of a non-tangent curve to the left
58.45 feet, having a radius of 390.00 feet, a central angle of 8°35'11" and a chord
which bears N16°19'31"E 58.39 feet; thence continuing along said line
N12°01’54”E 74.07 feet; thence departing said line S73°27'56"E 397.95 feet;
thence S18°25'32"W 132.37 feet to a point on the Northerly R.O.W. of the
U.P.R.R.; thence along said R.O.W. line along the arc of a non-tangent curve to
the left 387.84 feet, having a radius of 2914.93 feet, a central angle of 7°37'24°
and a chord which bears N73°27'22°W 387.55 feet to the point of beginning.
(“Leased Premises”).
SUBJECT TO any and all ditch, drainage or detention facilities that may now exist
within the Leased Premises, the existence of which is hereby acknowledged by
Lessee and Lessor. Lessee agrees not to modify or fence in any portion of these
ditch, drainage or detention facilities without the written authorization of Lessor
during the term of this Lease. Lessee assumes no responsibility, obligation or
liability for maintaining any of the ditch, drainage or detention facilities by reason
of this Lease.
The described parcel contains 1.150 acres more or less.
See Exhibit A, Survey and Legal Description, dated July 27, 2016, attached hereto
and incorporated herein by this reference.
2. REAFFIRMATION OF LEASE TERMS. Except as modified by this
Amendment, the terms and provisions of the Lease shall remain in full force and effect,
including the Term of the Lease as set forth in Paragraph 2 of the original Lease;
provided, however, that in the event of a conflict between the terms and provisions of this
Amendment and the Lease, this Amendment shall control.
{00486769.DOCX / 4} 3
IN WITNESS WHEREOF the parties have executed this First Amendment to
Ground Lease as of the date and year first written above.
TOWN OF AVON, COLORADO
(“Lessor”)
By:
Jennie Fancher, Mayor
Attest:
Debbie Hoppe, Town Clerk
UPPER EAGLE REGIONAL WATER
AUTHORITY (“Lessee”)
By:
George Gregory, Chairman
Attest:
James Power, Secretary
{00486769.DOCX / 4} 4
Exhibit “A”
Leased Premises
See attached Exhibit A, Survey and Legal Description, dated July 27, 2016.
{00486769.DOCX / 4} 5
Page 1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Scott Wright, Asst. Town Manager
Meeting Date: August 9, 2016
Re: 2016 Supplemental Budget Amendment Resolution No. 2016-21
Action Before Council
A Capital Projects Fund budget amendment is being presented to Town Council to appropriate or
revise several projects, including the Joint Public Safety Facility, which is scheduled to break ground
the middle of this month.
Proposed Motion
“I move to approve Resolution 2016-21, a Resolution Summarizing Expenditures and Revenues by
Fund and Amending the 2016 Capital Projects Fund Budget for the Town of Avon for the Calendar
Year 2016”.
Summary
Projects in Strategic Plan: The following Tier One projects have proceeded through necessary
planning, bidding and/or bond financing. The next step is to approve funding for the projects,
which have not previously been included in the budget.
• New Town Hall Tenant Finish Design – Add $190,000. Davis Partnership has been
selected for architectural and engineering services for the design of the tenant finishes
on three floors for the New Town Hall.
• New Town Hall 4th/5th Floor Expansion Feasibility Study – Add $10,500. Davis
Partnership will also be performing the feasibility study for adding a 4th and/or 5th floor
to the New Town Hall.
• Joint Public Safety Facility Land Purchase and Construction – Add $5,997,655 from bond
proceeds. A total of $852,042 represents the Town’s 45% interest in Buck Creek Lot 1B.
The remainder ($5,145,613) represents the construction costs of the facility and parking,
soft costs and contingency. See Table below.
SOURCES OF FUNDS
Par Value of COPs
Premium
Total Bond Issue Proceeds
$ 6,300,000
302,205
6,602,205
Less: Bond Issuance Costs (153,550)
Net Proceeds Available for Project $ 6,448,655
Page 2
• Tract G/Core Parking Plan – Add $20,000 for consultant services. With the relocation of
Town Hall municipal services to new facilities, the Tract G Plan will identify the near and
longer term development plan for the Town-owned property. Final development plans
for Swift Gulch and Lot 5 are included in the work. Matched with the development
planning is the preparation of a full parking and multi-modal transportation plan to
meet the development needs of the commercial core. An additional $55,000 is
recommended to be added in the 2017 capital budget, for an estimated planning cost of
$75,000. A RFP for consultant services will be issued once funds are approved.
Revised Projects included in the 2016 Capital Projects Fund long-range that are proposed to
change in cost, scope, or timing:
• Mountain Vista Office Building Purchase – Subtract $24,075. Closing costs for the
purchase of the future Town Hall were much lower than expected.
• Joint Public Safety Facility Project design costs – Add $86,863. Additional design costs
associated with the facility.
• Transit Bus Shelters – Add $14,382. Bus shelters are being installed at the Stonebridge
Drive, City Market, Buffalo Ridge and Avon Elementary bus stop locations. The original
project budget of $250,000 is being revised down to a project total (including the
previous year) of $174,382, a savings of $75,618.
• Roundabout #4 Art Element – Subtract $15,000. Planning costs of $15,000 originally
appropriated for 2016 will be moved to 2017.
• Metcalf Road Climbing Lane Phases 1 & 2 – Subtract a net $177,700. With bids coming
in lower than anticipated, Phases 1 and 2 of the climbing lane project have been
combined into one project and result in a combined net savings of $177,000.
• 2016 Safety Improvements for West B/C Blvd walkability – add $20,000. The additional
funds are required for removal of old striping, signage, and for the additional cost of
bollards over and above the original budget.
Other Fund Considerations
• Bond proceeds from the issuance of the Town’s Series 2016 Certificates of Participation
for the joint public safety facility project totaled $6,602,205. Issuance costs totaled
$153,550, giving the Town a net construction fund of $6,448,655. See Table above.
• Nottingham Park Pavilion Retractable Door – Add $40,000. This is for design and
fabrication of a retractable door system to replace the curtain at the back of the
Pavilion. The door is to address safety concerns during high winds.
• Eaglebend/US 6 Bus Shelter – The expenditure is to provide a bus shelter which was
removed. The bus stop serves Avon and ECO transit services. The total cost is
USES OF FUNDS
Design Costs
Purchase of 45% Interest in Lot 1B
Construction, soft costs, contingency
$ 451,000
852,042
5,145,613
Total Uses of Funds $ 6,448,655
Page 3
estimated at $48,000, with construction planned this year, if funding is approved. The
Town has requested a cost share with ECO of 50%, which would bring in revenues of
$24,000. An IGA will be required.
• Real estate transfer taxes and currently tracking to thee budget estimate of $2,100,000.
Staff will continue to monitor these revenues as we develop the long-range CIP and the
final revised Capital Projects Fund budget presented in October.
Fund Balance
The net impact to the overall ending fund balance of the Capital Projects Fund of all the above
revisions is an increase of $262,033 ( See table below). The Unreserved Fund Balance is revised
to $1,058,997 from $1,110,776.
REVENUES
ECO Grant – Eaglebend/Hwy 6 Bus Stop
Bond Issue Proceeds
$ 24,000
6,602,205
Total Revenues 6,626,205
EXPENDITURES
New Town Hall Tenant Finish Design
New Town Hall Floor Expansion Feasibility Study
New Town Hall Purchase
Joint Public Safety Facility Design
Joint Public Safety Facility Construction
Transit Bus Shelters
Roundabout #4 Art Element
Metcalf Road Climbing Lane
2016 West B/C Blvd. Safety Improvements
Nottingham Park Pavilion Retractable Door
Eaglebend/US Hwy 6 Bus Shelter
Tract G Core/Parking Plan
190,000
10,500
(24,075)
86,860
5,997,655
14,382
(15,000)
(177,700)
20,000
40,000
48,000
20,000
Total Capital Improvement Projects
Bond Issuance Costs
6,210,622
153,550
Total Expenditures 6,364,172
Net Source of Funds (Fund Balance) $ 262,033
Attachments:
1. Resolution No. 2016-21
2. Capital Projects Fund Supplemental Amendment No. 3
Res. No. 16-21
August 9, 2016
Page 1 of 2
TOWN OF AVON, COLORADO
RESOLUTION NO. 16-21
SERIES OF 2016
A RESOLUTION TO AMEND THE 2016 TOWN OF AVON CAPITAL
PROJECTS FUND BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2016 CAPITAL PROJECTS FUND BUDGET FOR
THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR
BEGINNING ON THE FIRST DAY OF JANUARY, 2016 AND ENDING ON THE
LAST DAY OF DECEMBER, 2016
WHEREAS, the Town Council of the Town of Avon has previously adopted the
2016 Capital Projects Fund budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for 2016; and
WHEREAS, the Town Council finds it necessary to amend the 2016 Capital
Projects Fund budget to more accurately reflect the revenues and expenditures for 2016; and
WHEREAS, the Town Council has caused to be published a notice containing
the date and time of a public hearing at which the adoption of the proposed budget
amendment will be considered and a statement that the proposed budget amendment is
available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon
may file any objection to the proposed budget amendment at any time prior to the final
adoption of the proposed budget amendment; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the Capital Projects Fund are revised as follows for 2016:
Res. No. 16-21
August 9, 2016
Page 2 of 2
Original or Previously
Amended
2016 Budget
Current Proposed
Amended
2016 Budget
Capital Projects Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 6,198,817
7,591,906
8,343,614
$ 6,198,817
14,218,111
14,707,786
Ending Fund Balance
$ 5,447,109
$ 5,709,142
Section 2. That the Capital Projects Fund budget, as submitted, amended, and
hereinabove summarized by fund, hereby is approved and adopted as the capital program
budget of the Town of Avon for the year stated above.
Section 3. That the Capital Projects Fund budget as hereby approved and adopted
shall be signed by the Mayor and made part of the public record of the Town.
ADOPTED this 9th day of August, 2016.
AVON TOWN COUNCIL
By:______________________________ Attest:________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
Page 1
Fund Summary
Original or Proposed
Prev. Amended Revised Difference
Actual Budget Budget Increase
2015 2016 2016 (Decrease)
REVENUES
Taxes 2,369,314$ 2,100,000$ 2,100,000$ -$
Intergovernmental 40,000 1,878,534 1,902,534 24,000
Investment Earnings 18,167 13,372 13,372 -
Other Revenue 93,246 80,000 80,000 -
Total Revenues 2,520,727 4,071,906 4,095,906 24,000
Other Sources:
Transfer In from Other Funds 2,095,000 1,020,000 1,020,000 -
Bond Issue Proceeds 3,800,000 2,500,000 9,102,205 6,602,205
Total Other Sources 5,895,000 3,520,000 10,122,205 6,602,205
TOTAL REVENUES AND OTHER SOURCES 8,415,727 7,591,906 14,218,111 6,626,205
EXPENDITURES
Capital Improvements:
Facilities 1,514,981 2,210,932 8,574,254 6,363,322
Land and Land Improvements 44,632 369,484 369,484 -
Roads and Streets 1,667,152 4,624,684 4,451,984 (172,700)
Water Fund Projects - 150,000 150,000 -
Communications and Technology 7,037 63,201 63,201 -
Strategic Planning 51,050 - 20,000 20,000
Other - 5,000 5,000 -
Debt Service:
Bond Issuance Costs 80,569 - 153,550 153,550
Capital Leases 121,769 121,770 121,770 -
Total Expenditures 3,487,190 7,545,071 13,909,243 6,364,172
Other Uses
Operating Transfer-Out - General Fund 1,538,335 219,735 219,735 -
Operating Transfer-Out - Debt Service Fund 578,106 578,808 578,808 -
Total Other Uses 2,116,441 798,543 798,543 -
TOTAL EXPENDITURES AND OTHER USES 5,603,631 8,343,614 14,707,786 6,364,172
NET SOURCE (USE) OF FUNDS 2,812,096 (751,708) (489,675) 262,033
FUND BALANCE, Beginning of Year 3,386,721 6,198,817 6,198,817 -
FUND BALANCE, End of Year 6,198,817$ 5,447,109$ 5,709,142$ 262,033$
Fund Balances
Restricted For:
Street Improvements 2,752,445$ 1,356,333$ 1,670,145$ 313,812$
Asphalt Overlay 240,000 480,000 480,000 -
Assigned For:
Avon Town Hall Relocation 1,425,000 - - -
URA Town Center West Improvements - Bond Proceeds - 2,500,000 2,500,000 -
Unassigned and Unreserved 1,781,372 1,110,776 1,058,997 (51,779)
Total Fund Balances 6,198,817$ 5,447,109$ 5,709,142$ 262,033$
Capital Projects Fund #41 Supplemental Amendment No. 3
Page 2
Original or Proposed
Prev. Amended Revised Difference
Actual Budget Budget Increase
Description 2015 2016 2016 (Decrease)
Taxes:
Penalties and Interest 289$ -$ -$ -$
Real Estate Transfer Tax 2,369,025 2,100,000 2,100,000 -
Total Taxes 2,369,314 2,100,000 2,100,000 -
Intergovernmental:
Federal / State:
MAP-21 Grant (CFDA 20.205)- 1,355,000 1,355,000 -
Local Government / Other:
ECO Grant - Traer Creek Bus Stop (50%)- 30,000 30,000 -
ECO Grant - Eaglebend / US Hwy 6 Bus Stop (50%)- - 24,000 24,000
Eagle County Trails Grant - Phase 3 - 453,534 453,534 -
Asphalt Overlay Contributions - TCMD 40,000 40,000 40,000 -
Total Intergovernmental 40,000 1,878,534 1,902,534 24,000
Investment Earnings:
Interest Earnings 20,633 13,372 13,372 -
Net Increase (Decrease) in Fair Value (2,466) - - -
Total Investment Earnings 18,167 13,372 13,372 -
Other Revenues:
Asphalt Overlay Contributions - Developer 80,000 80,000 80,000 -
Donations and Contributions 10,000 - - -
Project cost Reimbursements 2,194 - - -
Nonclassifed 1,052 - - -
Total Other Revenues 93,246 80,000 80,000 -
Other Sources:
Transfer In from General Fund:
Short-term Loan 1,425,000 - - -
Asphalt Overlay 120,000 120,000 120,000 -
Unassigned General Fund Balance - 150,000 150,000 -
Transfer In from Avon URA - 500,000 500,000 -
Transfer In from Community Enhancement Fund - 100,000 100,000 -
Transfer In from Water Fund - 150,000 150,000 -
Transfer In from Equipment Replacement Fund 550,000 - - -
Bond Issue Proceeds 3,800,000 2,500,000 9,102,205 6,602,205
Total Other Sources 5,895,000 3,520,000 10,122,205 6,602,205
TOTAL REVENUES 8,415,727$ 7,591,906$ 14,218,111$ 6,626,205$
Revenue Detail
Capital Projects Fund #41
Supplemental Amendment No. 3
Page 3
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2014 and Current Revised Estimated Difference
Account Prior Actual Budget Budget Project-to-Date Increase
Number Description Actuals 2015 2016 2016 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Facilities:
General Government Facilities:
11011 Town Hall Acquisition - 2014 5,822$ 27,795$ -$ -$ 33,617$ 33,617$ 33,617$ -
11012 Tenant Finish Design - - - 190,000 190,000 - 190,000 190,000
Floor Expansion Feasibility Study - - - 10,500 10,500 - 10,500 10,500
11013 Mountain Vista Office Building Purchase - - 1,525,000 1,500,925 1,500,925 1,525,000 1,500,925 (24,075)
Joint Public Safety Facility Project:
12003 Design - 69,606 294,534 381,394 451,000 364,140 451,000 86,860
12004 Construction - - - 5,997,655 5,997,655 - 5,997,655 5,997,655
Geothermal / Solar - - - - - - - -
I70 Transit / PW Facilities Improvement Project:-
13005 Public Works Facilities (On Site & Lot 5)662,985 41,046 - - 704,031 719,474 719,474 -
Transportation Facilities:
14010 Fleet Maintenance EPDM Roof Replacement - - 80,000 80,000 80,000 80,000 80,000 -
14014 Fleet Maintenance Building Improvements - - 80,000 80,000 80,000 80,000 80,000 -
14011 Transit Bus Shelters (4)- 19,382 140,618 155,000 174,382 250,000 174,382 (75,618)
14012 Transit Bus Stop - Traer Creek Plaza 4,490 - 55,510 55,510 60,000 60,000 60,000 -
Transit Bus Stop - Eaglebend / US Hwy 6 - - - 48,000 48,000 - 48,000 48,000
Cultural and Recreational Facilities:
15012 Nottingham Park Pavilion 2,724,284 1,135,344 - - 3,859,628 3,870,000 3,870,000 -
15013 Recreation Center Exterior Renovation - 52,902 - - 52,902 52,750 52,750 -
15014 Recreation Center - Remodel - Phase 2 - 96,530 - - 96,530 98,530 98,530 -
15015 Recreation Center - Bouldering Wall - 48,646 - - 48,646 50,000 50,000 -
15016 Recreation Center - Slide Refurbishment - 23,730 35,270 35,270 59,000 59,000 59,000 -
Nottingham Park Pavilion - Retractable Door - - - 40,000 40,000 - 40,000 40,000
Land and Land Improvements:
21016 Nottingham Park Zone C Improvements - Playground De 3,966 - 71,034 71,034 75,000 975,000 975,000 -
21017 Nottingham Park - Restroom Remodel - - 260,400 260,400 260,400 260,400 260,400 -
21021 Fishing Pier Repairs - 44,632 - - 44,632 75,000 75,000 -
21022 Eagle River Whitewater Park Repair - - 10,000 10,000 10,000 10,000 10,000 -
21023 Eaglebend Affordable Housing Landscaping Project - - 28,050 28,050 28,050 28,050 28,050 -
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41 Supplemental Amendment No. 3
Page 4
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2014 and Current Revised Estimated Difference
Account Prior Actual Budget Budget Project-to-Date Increase
Number Description Actuals 2015 2016 2016 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41 Supplemental Amendment No. 3
Roads and Streets:
Streetscape Improvements
31014 Avon Rd. Streetscape Update 242,052 27,683 - - 269,735 252,052 252,052 -
31015 2014 Mall Improvements 1,789,645 54,820 - - 1,844,465 1,992,703 1,992,703 -
31018 Post Blvd. Landscaping Improvements 308,986 2,320 25,000 25,000 336,306 363,986 363,986 -
31019 Post Blvd. Electrical Assessment and Street Lights 44,401 28,541 - - 72,942 78,000 78,000 -
31022 Avon Rd. / I70 Overpass Pedestrian Safety Imp.- - 88,000 88,000 88,000 88,000 88,000 -
31024 Roundabout #4 TCW Art Element - 10,000 15,000 - 10,000 255,525 255,525 -
31025 2015 Avon Rd. Landscaping Project - 438,130 - - 438,130 485,000 485,000 -
31026 Mall Improvements - Phase 2 - - 15,000 15,000 15,000 240,000 240,000 -
35003 Roundabout #4 TCW Feature 75,343 1,718 - - 77,061 60,000 60,000 -
New Wayfinding Signage - - 45,000 45,000 45,000 45,000 45,000 -
Annual Street Maintenance and Repair:
33015 2015 Paving/Road Improvements - 717,372 - - 717,372 729,684 729,684 -
32016 Buck Creek Bridge Repair - 280,865 - - 280,865 280,865 280,865 -
34025 West B/C Blvd. Pedestrian Crossing - 49,318 15,000 15,000 64,318 64,318 64,318 -
34032 West B/C Blvd. Slurry Seal - Lake Street to US 6 - - 150,000 150,000 150,000 150,000 150,000 -
32018 Post Blvd. Settlement Repair - - 75,000 75,000 75,000 75,000 75,000 -
32019 Wildwood Road Repair - - 75,000 75,000 75,000 75,000 75,000 -
Street Improvements
34014 Metcalf Bike Lane - Phase 1 & Phase 2 - 32,883 827,117 1,049,417 1,082,300 860,000 1,082,300 222,300
32017 Metcalf Bike Lane Overlay - - 400,000 - - 400,000 - (400,000)
34033 Walkability - East & West B/C Blvd.- 1,254 203,746 203,746 205,000 2,705,000 2,705,000 -
New 2016 Safety Improvements - West B/C Blvd - - 30,000 50,000 50,000 30,000 50,000 20,000
New West B/C Blvd. RR Crossing Improvements - - 10,000 10,000 10,000 10,000 10,000 -
Multi-Modal/Alternative Mobility:
34015 Eagle Valley Trails - Phase 3 10,341 22,248 2,427,411 2,427,411 2,460,000 2,460,000 2,460,000 -
34016 Eagle Valley Trails - Undergrounding Project - - 100,000 100,000 100,000 100,000 100,000 -
Recreational Trails Program:
34026 Trails Master Plan - - 23,410 23,410 23,410 23,410 23,410 -
34027 Soft and Hard Surface Trail Improvements - - 100,000 100,000 100,000 150,000 150,000 -
Page 5
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2014 and Current Revised Estimated Difference
Account Prior Actual Budget Budget Project-to-Date Increase
Number Description Actuals 2015 2016 2016 Expenditures Current Proposed (Decrease)
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41 Supplemental Amendment No. 3
Water Fund Projects:
21020 Pumphouse Pump Replacement - - 150,000 150,000 150,000 150,000 150,000 -
Strategic Planning:
79111 Space Needs Analysis - 26,249 - - 26,249 30,000 30,000 -
79112 Tract G Feasibility Study - 24,801 - - 24,801 30,000 30,000 -
Tract G/Core Parking Plan - - - 20,000 20,000 - 75,000 75,000
Communications and Technology:
81008 Fullcourt - - 60,000 60,000 60,000 60,000 60,000 -
81010 Timekeeping Software and Peripheral Devices 24,762 7,037 3,201 3,201 35,000 35,000 35,000 -
Other:
93012 Historical Preservation - - 5,000 5,000 5,000 5,000 5,000 -
Total Capital Improvement Projects 5,897,077$ 3,284,852$ 7,423,301$ 13,633,923$ 22,815,852$ 20,874,504$ 27,065,126$ 6,190,622$
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth PE, Town Engineer
Virginia C. Egger, Town Manager
Meeting Date: August 9, 2016
Agenda Topic: Award of Architecture Services for New Town Hall to Davis Partnership Architects
ACTION BEFORE TOWN COUNCIL: To authorize Mayor Jennie Fancher to sign a Professional Services
Agreement for Architecture, Engineering and Price Estimating Services for the New Town Hall, with
Davis Partnership Architects.
RECOMMENDED MOTION:
I move to authorize Mayor Jennie Fancher to execute a Professional Service Agreement for
Architecture, Engineering and Price Estimating Services for the New Town Hall, with Davis
Partnership Architects in the amount of $200,000.00.
BACKGROUND: In April, the Town of Avon purchased the Sheraton Mountain Vista Office building
for the purpose of finishing the three-story shell structure for use as its New Town Hall. Upon
completion of the sale, a Design Committee was created and includes Mayor Jennie Fancher,
Councilors Megan Birch and Buz Reynolds, the Town Manager Virginia Egger, Mark Kogan and the
Department Heads that will occupy the building. The Design Committee drafted a Request for
Proposal for Architecture, Engineering and Price Estimating Services (RFP). The RFP was released on
June 17th and six proposals were received on July 14th. The Design Committee met and selected the
following four firms for interviews:
Firm Proposal Fee
• Pierce Architects $175,000
• Vertical Arts $210,000
• Davis Partnership Architects $222,000
• Obermeier – Sheykhet Architecture $190,000
The range of relevant experience, creative expertise and ability to work successfully in a public
process to develop the space varied across the firms. Davis Partnership Architects was selected
unanimously as the preferred firm based on approach, depth of experience and programming
expertise for office remodels and Town Halls. Staff then negotiated the firm’s fee down to $190,000,
with a $10,000 owner-controlled contingency.
Terms of Professional Services Agreement: Attached is Exhibit A, Project Scope of Work that will be
included in the PSA. The scope of work includes an analysis of the feasibility of adding a 4th and 5th
floor of the building for residences and the design of the first three floors of the building. Particular
attention will be made to the first floor to ensure maximum flexibility and to assist in activating the
Page 2
mall. If the 4th and 5th floors are feasible then the PSA will have to be amended to include the design
of the floors and a modification of the schedule. The fee for the feasibility analysis is $10,000 and the
fee for the design of the first three floors of the building is $191,700.
SCHEDULE: The design process is expected to take approximately six months. Upon completion of
the design, it will be presented to Town Council for approval and then bid out for construction. It is
anticipated that construction will be completed in summer 2017 and town staff will move-in shortly
after. The schedule will be extended if the construction of the 4th and 5th floors is feasible.
Attachment
Davis Partnership Scope of Services, Proposed Fees and Schedule
PROJECT APPROACH
44
Engaging the Client with Design Workshops
In order to make certain that our collaborative design and the completed build will meet your vision and operational needs. We will employ an
interactive workshop design process to establish the vision and a coordinated project delivery method to insure project success. Th is success will be
achieved through the design, construction and delivery of a healthy, vibrant, collaborative offi ce environment that: attracts and retains the brightest
and best employees, provides for future fl exibility and accommodates the working styles and preferences of multiple generations in the workplace.
INTERACTIVE WORKSHOP DESIGN PROCESS
Our design workshops are formatted to be a very effi cient and eff ective
means of quickly extracting an understanding of key issues, overriding
priorities, opportunities and challenges. In these workshops we will
promote a reiterative dialog about what options meet your goals and
which do not, with the goal of reaching a group consensus on the
best way to integrate visions, values and objectives into an effi cient,
functional, inspiring and beautiful design solution.
BUILDING CONSENSUS THROUGH DESIGN WORKSHOPS
An abundance of ideas, preferences, concerns and agendas will be
represented and expressed; and, there will no doubt be inherent
contradictions. Th e design workshops will include interactive activities
designed to establish a successful team dynamic, facilitate open
communication in a safe and collaborative environment, incorporate
full, collective team expertise, identify the aspirations and concerns of
everyone, and allow for issues to be thoroughly understood, openly
discussed and debated. We don’t promise to make everyone happy at
all points throughout the process; but, we do promise to be engaging
and responsive with an inclusive and guided process that allows
competing concerns to be resolved in a substantive manner. While
the fi nal number of workshops, participants, goals and objectives for
each meeting will be defi ned with your participation, we envision the
following workshop agenda as a starting point:
DESIGN WORKSHOP 1 – VISIONING & MASTER PLAN REVIEW &
INFORMATION GATHERING
–Goal: To gain a thorough understanding of your existing program,
your goals, desired spatial relationships, interior design preferences,
performance targets, wellness aspirations, and overall values that will
guide decisions throughout the life of the project. Th is insight will
be used to develop conceptual design options presented in Design
Workshop 2.
–Agenda:
1. Participants will be asked to develop a list of all potential users—
both frequent and infrequent—and determine each of their needs.
2. Participants will be given a deck of images from which to select a
PROJECT
APPROACH
45
PROJECT APPROACH
group of fi ve, that they feel represent the
current and future mission and culture.
Each group of images will be presented
and discussed, with the goal of informing
one another about the current view of
the corporate culture.
3. Together we will prioritize suggested
potential performance, health and
wellness values to establish guiding
parameters relevant throughout the
design and construction process.
4. An exercise will help further defi ne
sustainability goals, budget parameters,
and process for consultant integration.
5. Participants will be given the opportunity
to identify attitudes about existing
conditions in their current facility not
directly addressed as part of the program
discussion or through other workshop
activities. What constitutes the center
or ‘heart’ of the organization? What will
make this space a great place to work,
humane, memorable, uplifting and
inspirational?
6. Davis will facilitate a discussion and
show examples of healthy workplaces,
work places of the future and elements
proven to deliver success. Th is discussion
will be based upon current industry
research and trends, and our developed
design strategies for “workplace of the
future” that stem from our directly
applicable expertise. (Please see
“Workplace of the Future” narrative on
the following page.)
DESIGN WORKSHOP 2 – CONCEPTUAL
DESIGN OPTIONS:
–Goal: To explore, as a group, the best
conceptual design directions for the design
team to develop further.
–Agenda:
1. Th ree to four conceptual space plan
options refl ecting the ideas and goals
gleaned from the ‘design workshop
1’ will be presented for review and
discussion. Each planning idea will
explore designs for the space. We will use
color-coded models to illustrate spatial
relationships, and where each major
program function is located. Pros and
cons of each option will be presented as
well as cost implications, challenges and
opportunities.
2. A series of images will be projected and
independently scored by members of the
group for aesthetic relevance. Scoring
will be collected and summarized,
and both the top ten and bottom fi ve
images discussed as a group. Th rough
this exercise, we will hone in on
the appropriate interior design and
architectural concept for the project.
3. We will provide initial 3D Sketch Up
vignettes illustrating our initial thoughts
focused upon key areas. Th ese vignettes
will be off ered to solicit initial reactions
and comments. Our extensive experience
using rendering tools is unparalleled and
critical to building consensus within the
client group. (Please see “Collaborative-
Creative Workplace Experience Using
Rendering Tools” narrative.)
4. Discuss preliminary, fundamental
performance characteristics associated
with diff erent design approaches,
informed through use of design
performance modeling software (Sefaira).
DESIGN WORKSHOP 3 – REFINED
DESIGN CONCEPT:
–Goal: To agree on a space plan and
direction for further exploration in
subsequent design phases. What will be
fi nalized in this workshop are general sizes
and location of departments and major
functions; and general adjacencies.
–Agenda:
1. At this third workshop we will present
a developed space plan based on the
previous group consensus. We will discuss
possibilities and challenges related to
function, design, daylighting and other
foundational opportunities to pursue a
healthful and high performing project
design that supports and encourages
occupant wellness.
2. Finish palettes and fi nish materials will
be proposed along with interior design
concepts reviewed as SketchUp models
based on the selected precedent images in
workshop 1.
Following each of the workshops, the design
team will collect all data generated and include
it in a design workshop summary report for
distribution to all participants prior to the next
workshop.
Th rough each workshop we will establish
values and priorities, and together as a
team make decisions which will form the
PROJECT APPROACH
46
roadmap for development of the project. We’ll
move from larger to smaller scale elements
comprising the vision, progressively identifying
critical areas of focus and assembling a layered
foundation for the design and subsequent
construction.
PROPOSED DESIGN MEETING
SCHEDULE
CORE GROUP MEETINGS
I. Design/Programming:
–Design Workshop #1 2 hours
–Design Workshop #2 2 hours
–Design Workshop #3 2 hours
II. Design Documentation Meetings:
–Meeting #1: Meet with the department
heads to review the space plan and discuss
concepts and required program for their
individual areas. – 1 hour per group
–Final meeting with the core group to obtain
fi nal approval on the space plan and the
interior design concepts and fi nishes. – 2
hours
PROJECT APPROACH
47
Th e workplace is changing faster than ever before. Offi ces are currently shifting from a “me” to a “we” environment. Telecommuting is becoming
increasingly prevalent and an assortment of meeting spaces, that are technology rich, will be needed to maintain full collaboration. Additionally,
staff wants to understand that their organization has a commitment to their wellbeing. Th e current shift from wellness to well-being, focuses
not only on physical health but also mental health and a sense of belonging. Th oughtful offi ce and workplace design can be a powerful tool in
enhancing creativity, productivity and collaboration, integrating technology and promoting employee health, with the overall objective of putting
staff , and therefore the entire organization, in a position to fl ourish and succeed. Th e Workplace of the Future must be planned with a human
centered design that promotes successful work models, health and living well.
Th e following are Design Strategies for the “Workplace of the Future”:
1. AUTHENTICITY / BRANDING OF THE
OFFICE:
Employees want to work for a company that
stands for something.
Design Strategy:
–Add branding graphics throughout the
interior design.
–Facilities need to provide personality.
–Transparency so people can see and be seen.
–Communicate corporate values and the
desired culture.
2. COLLABORATION / THE WORKPLACE
IS NO LONGER A DESTINATION, BUT A
RESOURCE:
Plan for mobile work styles.
Design Strategy:
–Assigned vs. unassigned work spaces /
reduction of space allocation to 150-200 sf
per person / work space fl exibility.
–Variety of fl exible meeting room sizes and a
variety of technology options.
–Employ offi ce “hotelling” concepts for
mobile workers.
–Add more video conferencing for less travel
out of the offi ce and to integrate off -site
staff .
3. SOCIAL CONNECTION / MULTIPLE
GENERATIONS AT WORK:
Tenured staff working longer and the
shortage of talented workers coming into the
workforce.
Design Strategy:
–Collision of “water cooler” spaces for face to
face connection time.
–Huddle spaces for the older workers and
open work carrels for the younger workers.
–Collegiate environments for entry level
employees.
–Variable light levels and high levels of
controllability and/or variability among
available work environments to fi t a range
of preferences and defi nitions of comfort.
4. INNOVATION / HEALTHY AND
SUSTAINABLE WORK SPACES:
Plan for the fi rst health conscious generation.
Design Strategy:
–Daylight and views establishing a clear
connection to nature / biophilia reinforcing
incorporation of the outside into the indoor
experience.
–Select proven responsibly sourced and
manufactured, healthful furniture, materials
and products.
–Access to healthy foods and informed
options.
–Support active, healthy lifestyle with
central stairs, interior walking paths, and
opportunities to utilize a variety of spaces
and move throughout the offi ce and
adjoining exterior spaces across the course
of the day.
5. PERSONALIZATION / ENVIRONMENTAL
CONTROL:
Generation X is the fi rst generation
coming into the workforce that grew up on
technology.
Design Strategy:
–Team oriented open workstations.
–Flexible work spaces that allow for
personalization.
–Personal control over noise and sensory
stimulation.
–Ergonomics and fl exibility in furniture.
–Incorporation of “Escape Spaces” where
private conversations or focused work can
occur outside the bustle of general offi ce
activity.
6. CHANGE / TECHNOLOGY IS CHANGING
FASTER THAN THE WORKPLACE:
Design Strategy:
–Social media displays, so staff can keep
current with work-related social media
trending.
–Automated video wall with rotating images.
–“Wormholes”: Access screens to off -site
workers for instant collaboration.
Workplace of the Future
PROJECT APPROACH
PROJECT APPROACH
48
Th e most important things architects and
interior designers need to communicate
are the specifi cs of the proposed design.
Explaining and revealing the design for a
space not yet built is a signifi cant challenge.
Th is is why we have spent so much time
and made such a signifi cant investment in
developing three-dimensional computer
capabilities, allowing our clients to visualize
and move through our designs, and
understands performance characteristics, in
a manner that takes the mystery out of the
design process. Th is approach truly gives
our clients a level of insight and awareness
of the project that simply cannot be gained
in any other way, and we have found that it
signifi cantly aids us in working collaboratively
together to reach design solutions that truly
serve the layered priorities of each project.
Collaborative-Creative Workplace
Experience Using Rendering Tools
PROJECT APPROACH
49
Sustainable Design Methodology
COLLABORATIVE APPROACH TO HIGH PERFORMANCE
Building upon the initial workshops, Davis
Partnership Architects will orchestrate a
highly collaborative, integrated team process
to ensure that project requirements, goals
and priorities are fundamentally understood
and a tightly coordinated and aligned whole
project approach developed in direct response.
We will work closely with the Town of Avon,
to determine where the most promising
opportunities exist in the context of project
specifi c considerations, and then focus our
analysis while integrating these pieces into
initial design concepts. Th rough rigorous
attention to detail, early engagement of all
stakeholders and disciplines, and continuous
transparent communication we’ll lead the
team to a project optimized for performance
and occupant experience, health and wellness
– a project that refl ects TOA’s organizational
commitment to dignifi ed, sustainable,
responsible use of resources. We’ll include
discussion of project attributes that might
contribute to resiliency, and TOA’s overall
aspirations related to this increasingly relevant
consideration.
Utilizing Sefaira design performance modeling
(DPM) software to inform the project during
concept and schematic design phases, we’ll
evaluate macro scale building design decisions
in tandem with comparative building
performance and resource use projections. Use
of DPM software contributes to optimization
of basic, early design decisions by informing
an extensive collection of complex and project
specifi c factors. Some might include: natural
ventilation; architectural form; building
(and parking) confi guration; integration
with neighboring Town of Avon properties
and resources to identify and capitalize on
uniquely advantageous synergies; building
orientation; materials and exterior enclosure
R-value; window to wall ratio; shading;
glare control; thermal comfort; daylight
penetration; water effi ciency; glazing and
shading options; and, clean energy production
with effi cient use plans, including site and
location specifi c opportunities such as
geothermal wells and PV cells.
With Group 14’s collaboration, subsequent
integration of building energy modeling
(BEM) software will allow for closer
evaluation of building energy use and on site
production, as the team further defi nes the
design. Additional important factors such
as lighting and plumbing fi xture selection;
specifi c material characteristics and sources;
and, controls, will also become relevant in the
evaluation as design progresses.
At all stages, we will discuss sustainability
considerations and strategies as an integral
part of the design taking form, engaging
the Ownership team in the decision making
process as we review quantifi ed benefi ts
and costs. Project team members identifi ed
from the outset will shepherd specifi cs
of these priorities through the life of the
project. During each phase, we’ll perform an
implementation review to ensure goals are
tracking as the project takes shape, and to
revisit the potential for any new opportunities
to be incorporated. We will maintain an
ongoing dialogue within the team to ensure
each discipline is involved and engaged
in the dialogue, contributing expertise as
we interweave complex, complementary
performance based strategies within the full
project vision.
WELLNESS
Our team understands that even the highest
performing project can only be successful if it
creates an environment benefi cial not only to
the community (and beyond), but also to the
long term health and wellbeing of those who
inhabit it daily. Wellness is where sustainable
design meets individuals directly aff ected by
the buildings and landscapes we shape. It is
of essential signifi cance to those who visit the
completed project day to day, and extremely
valuable to the Ownership team.
As such, as we continue to connect and
discuss sustainable design in the context
of available technologies to support highly
controlled and effi cient use of resources, we
also focus heavy attention on elements bearing
potential impact on health and wellbeing of
individual building occupants. Th is extends
across opportunities for activity, optimized
air and water quality, promotion of healthy
choices and habits, connection to the natural
environment – the many often subtle factors
that shape an occupant’s experience into a
strongly positive daily infl uence.
STANDARDS
EXPERIENCE WITH THE WELL BUILDING
STANDARD AND LEED
Davis Partnership has broken ground on the
new headquarters for Th e Colorado Health
Foundation. Th e non-profi t’s mission of
making Colorado the healthiest state in the
nation is manifested in the new building
design, in which “health positive” features
drive programming, planning, massing, and
character. Our expertise in Evidence Based
Design, Biophilic Design, Sefaira Design
Performance Modeling software and the 2030
Commitment lends depth to our approach
of delivering health, happiness and wellbeing
in the built environment. Th e WELL
Building Standard v1.0 for commercial work
is one of the metrics implemented on this
project and has had a positive impact on
both design and owner policies. Th e WELL
Standard continues to be fi ne-tuned as it
rapidly establishes a stronger foothold in the
market. As such, we have interacted with
the International Well Building Institute
as needed to clarify preconditions and
optimizations relevant to the project, and
implemented some of the recent September
2015 updates to version 1.0. Additionally,
we are in the pre-planning stages of a 200
unit multi-family development in Denver
where WELL Certifi cation is one of the
sustainable project goals. While the WELL
Standard remains relatively new within our
community, we have already had the good
fortune of implementing it and working with
the IWBI through our project work. Th is will
empower us to draw upon this experience to
facilitate informed incorporation of priorities
50
and requirements represented through the
standard in our design for this project.
Beyond our recent exposure to the details of
the WELL Standard we also have years of
extensive experience designing projects to
achieve all levels of LEED certifi cation. We
recently renovated an existing 30,000 SF
industrial building to become our new offi ce
space starting in 2016, and are targeting
LEED v4 Gold certifi cation as one of the
fi rst LEED v4 projects in Denver. Under
leadership of our Sustainable Design Lead, a
core team of individuals in our offi ce form our
Sustainable Design Focus Group consistently
advancing high performance and wellness
in our work. Th e group regularly attends
national conferences focused on sustainability
and sustainable design, and is continually
educating themselves and the rest of our
DPA team on how buildings can elevate
human health and wellness. Th ey also provide
guidance to ensure that we habitually design
our projects with maximum performance
in mind. Two of those group members will
pursue WELL professional accreditation mid-
year 2016.
Combining our experience with WELL on
the Colorado Health Foundation project
with extensive LEED experience enables us
to design spaces that improve users’ health
and well-being across the three key scales
currently relevant within our industry:
individual occupant; immediate neighboring
community; and much broader community
also aff ected by wider environmental impacts.
Also worthy of mention: in addition to LEED
and WELL there are a growing number of
complementary rating systems that we are
comfortable referencing. Th ese would not
be limited to but might include: Workplace
of the Future, Energy Star, Living Building
Challenge 3.0, Active Design Guidelines, and
the recently released EcoDistrict protocol.
PROJECT APPROACH
51
2901 BLAKE STREET,
DAVIS PARTNERSHIP ARCHITECTS
DENVER, COLORADO
–Ergonomics
–Beauty and Design
–Lighting and Lighting controls
MENTAL HEALTH CENTER OF DENVER
FIRST HOUSING
DENVER, COLORADO
–Active Stair
–Engaging Common Spaces
–Energy Effi ciency
–Natural Lighting
THE COLORADO HEALTH FOUNDATION
DENVER, COLORADO
–Natural Ventilation
–Biophilia
–Workspace Flexibility
Lighting Design
Davis Partnership’s Lighting Design team
off ers the technical expertise required to
design effi cient lighting systems with an
intimate understanding of how light aff ects
the wellness of people who use the space.
Each of the following factors is scrutinized by
our team and reviewed with our Clients as we
move through design:
FUNCTION
Successful lighting design starts with an
analysis of the functional requirements of the
space. Daylight and artifi cial lighting must
be integrated to support usage. Th orough
consideration must be given to elements such
as glare, visual comfort, and task illumination.
We carefully select light sources to deliver the
appropriate quantity and quality of light, and
strongly believe that there is no “one size fi ts
all” solution for lighting design.
ENERGY & ENVIRONMENT
As energy codes become more stringent and
energy costs escalate, projects benefi t from a
team member who specializes in lighting in
order to arrive at an outcome that balances
energy code compliance, sustainability, and
evolving lighting technology. Sustainability is
no longer a possibility, it is a necessity.
WELLNESS
Ongoing research demonstrates the
substantial eff ects of light on human health
and behavior. We leverage our knowledge of
lighting’s infl uence on health into thoughtful
designs that positively infl uence outcomes
for staff and users. Lighting thoughtfully
designed for wellness supports healthy sleep/
wake cycles, increased productivity and
alertness, and optimized immune function,
fi ndings which have been echoed by the
American Medical Association in two position
statements.
AESTHETICS
Lighting profoundly aff ects our perception
of space. A remarkable architectural design
can be rendered lifeless with poor lighting,
and an unremarkable space can be drastically
improved with excellent lighting design.
BUDGET
Lighting is one of the portions of a project
that frequently exceeds budgets. We
have developed a unique budgeting and
specifi cation method that introduces fairness,
accountability and transparency to lighting
costs. We are passionate about helping our
clients acquire the right lighting at the best
cost.
PROJECT APPROACH
52
Once the design vision for the project is
established the focus shifts to production and
execution. Th ere are several elements that
are key to the success of this stage: quality
coordinated design documents, adherence
to the established budget, preservation
of identifi ed guiding priorities, schedule,
minimization of change orders, resolution
of unanticipated fi eld conditions and the
close collaboration between owner, architect
and contractor. Our seasoned team has
extensive experience in every facet of this stage
and brings an unmatched commitment to
bringing to life your vision while delivering
the required operational needs, function,
technical performance, resource effi ciency,
and value. Together we are dedicated to client
success.
Ultimately, we at Davis Partnership believe
architectural excellence is a matter of
integrating high-quality design optimized
for performance and occupant wellness
with superior functional programming and
operational effi ciency. Although our primary
concern is to meet our clients’ technical,
human, aesthetic and economic needs, we
also extend our sense of responsibility to
the communities and neighborhoods within
which our buildings must blend, shape
and evolve. As a result, our designs provide
enduring visual continuity and suitability to
the urban, suburban and rural fabrics within
which they consciously contribute to the built
community.
BUDGET METHODOLOGY/COST
CONTROL
Achieving client goals within available
resources is, we believe, the essence of
responsible architectural design. Delivering
a successful project within cost parameters
always entails balancing three key project
factors: cost, quality and scope. Our process
is to facilitate early decisions regarding those
key elements representing the biggest budget
impact. With the use of a ‘cost model’ we
set targets for basic elements before we begin
designing, and test these targets periodically to
balance the three project factors - recognizing
that if any two of these factors are fi xed the
third is also set; we explore ways to satisfy
all three without diminishing function or
durability.
BUILDING INFORMATION MODELING
Davis Partnership Architects has integrated
Building Information Modeling into our
practice since 2000, and our leadership
role in the innovative use of computerized
design tools and technologies is the result of
a longstanding commitment to client service
and satisfaction. Our ongoing investment
in proven technology and tools continues to
deliver unparalleled benefi ts to our clients by
increasing effi ciencies, streamlining processes,
enhancing overall communications and
assuring more accurate cost-estimating and
documentation.
To this end, Davis Partnership is committed
to working closely with our partners to fully
utilize Revit-based Building Information
Modeling [BIM] technology. With a design
staff fully operational on Revit, Building
Information Models can be effi ciently
integrated into constructor’s processes,
particularly where estimating, scheduling
and collision detection are concerned. Our
team is also committed to working with
each contractors’ mechanical, electrical,
plumbing and fi re protection sub-contractors
to coordinate systems and identify confl icts
prior to fabrication and installation of major
building systems. Th is eff ort consistently
results in more effi cient fabrication, reduced
labor costs, shortened schedules and fewer
fi eld confl icts.
SCHEDULE
To keep the project on schedule, we
identify critical paths and subtask actions
that all project team members agree upon.
Intervals for review, decision-making, and
project presentations are established and
incorporated in the schedule. Developing
an initial schedule that encompasses all of
these activities is critical to ensuring that each
participant understands and accepts his or her
part in the process.
Once established, the schedule serves as a key
management tool that is constantly referenced
during the all phases to track progress, assess
the impact of group decisions, and determine
staffi ng requirements. We listen to and make
certain that we understand the Owner’s goals
and provide design solutions responding to
your project objectives; thereby taking a more
straight-line approach to reaching the fi nal
design.
Coordinated Project Delivery
CONSTRUCTION & CLOSEOUT
SCHEDULE
Schedule
Au
g
Se
p
t
Oc
t
No
v
De
c
Ja
n
Fe
b
Ma
r
Ap
r
Ma
y
Ju
n
Ju
l
Au
g
Se
p
t
Oc
t
Feasibility Study
(1 month)
Program Verification/
Concept Design (1 month)
Schematic Design
(1.5 months)
SD Pricing
(2 weeks)
Design Development
(1 month)
DD Pricing
(2 weeks)
Construction Documents
(1 month)
Issue Permit Set
(December 15th)
Bidding / Negotiations
(1.5 months)
Permit Approval
(1 Month)
Construction Administration
(TBD)
Design 20172016
Construction
Construction
SCOPE OF SERVICES AGREEMENT SCOPE OF SERVICES AGREEMENT
60
Proposed FeesSCOPE OF SERVICES
AGREEMENT & FEES
NEW TOWN HALL
Feasibility Study
Architecture $5,000
Structural $5,000
Estimated Total Feasibility Study Cost $10,000
Town Hall w/o Additional Levels
Architecture $95,000
Interior Design $12,000
MEP Engineering $30,000
Structural Engineering $4,200
Lighting Design $10,000
ADA / Access $6,000
Acoustical Engineering $10,000
Code Consulting $2,700
Cost Estimating $11,800
Estimated Total Design Cost $181,700
Reimbursables $10,000
TOTAL $191,700
NUMBERS IN RED ARE ORIGINAL NUMBERS
$105,000
$15,000
$30,000
-
$12,000
$6,000
$10,000
$5,000
$14,000
$197,000
$15,000
$212,000 DELTA = $20,300
REVISED
NOTE:
NO LANDSCAPE IS ANTICIPATED ON THIS PHASE OF THE PROJECT. IF THE ENTRY IS MOVED
THERE WILL BE INCURRED LANDCAPE FEES WHICH WE WILL PROVIDE AT THAT TIME IN A
PROPOSAL
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth PE, Town Engineer
Meeting Date: August 09, 2016
Agenda Topic: Resolution No. 16-23, Approving Holy Cross Energy Underground Right-Of-Way
Easement and Trench, Conduit, and Vault Agreement for the Public Safety Facility
Project
ACTION BEFORE COUNCIL
Review and approve Resolution No. 16-23, Approving Holy Cross Energy Underground Right-Of-Way
Easement and Trench, Conduit, and Vault Agreement for the Public Safety Facility Project.
PROPOSED MOTION
I move to approve Resolution No. 16-23, Approving Holy Cross Energy Underground Right-Of-Way
Easement and Trench, Conduit, and Vault Agreement for the Public Safety Facility Project.
DISCUSSION
The Town of Avon and Eagle River Fire Protection District (ERFPD) are starting construction of a joint
Public Safety Facility located at Lot 1B, Buck Creek Subdivision. The Holy Cross Energy agreements
are required to be approved by both the Town of Avon and ERFPD as joint owners of the property
and the ERFPD has already approved and signed the agreements. The Holy Cross Energy
Underground Right-Of-Way Easement, attached as Exhibit A, is required to facilitate installation of
facilities to provide electrical service to the Public Safety Facility and allows the rights of access to
the property to construct, repair, operate, and maintain underground and aboveground electric
facilities. The Trench, Conduit, and Vault Agreement, attached as Exhibit B, specifies construction
and clearance requirements. Approval of the agreements will be subject to Town Attorney review
and comment.
ATTACHMENTS:
Resolution No. 16-23
Exhibit A: Holy Cross Energy Underground Right-Of-Way Easement
Exhibit B: Holy Cross Energy Trench, Conduit, and Vault Agreement
RESOLUTION NO. 16-23
APPROVING HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY
EASEMENT ACROSS LOT 1B, BUCK CREEK SUBDIVISION, AVON, COLORADO
AND TRENCH, CONDUIT AND VAULT AGREEMENT
WHEREAS, the Town of Avon and the Eagle River Fire Protection District are constructing
a new Public Safety Facility that will house the Avon Police Department and the Avon Fire
Station, and such construction project requires improvements to electrical facilities owned by
Holy Cross Energy, and Holy Cross Energy has agreed to cooperate with this project; and,
WHEREAS, Lot 1B, Buck Creek Subdivision is owned by both the Eagle River Fire
Protection District and the Town of Avon and both entities must approve the agreements; and,
WHEREAS, The Eagle River Fire Protection District as part owner approved the Holy Cross
Energy Underground Right-of-Way Easement across Lot 1B, Buck Creek Subdivision and
Trench, Conduit, Vault Agreement; and,
WHEREAS, the Avon Town Council has determined that the upgrading of electrical
facilities across Lot 1B, Buck Creek Subdivision, Avon, Colorado will provide required electric
service to the new Public Safety Facility and will thereby promote the health, safety and general
welfare of the Avon community; and,
WHEREAS, the Town Council finds that approval of the attached Holy Cross Energy Underground Right-of-Way Easement Across Lot 1B, Buck Creek Subdivision, Avon, Colorado
and approval of the Trench, Conduit and Vault Agreement will promote the health, safety,
convenience and general welfare of the Avon community.
NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the
following Holy Cross Energy Underground Right-of-Way Easement Across Lot 1B, Buck Creek Subdivision, Avon, Colorado (attached to this Resolution as Exhibit A) and the Trench, Conduit,
and Vault Agreement (attached to this Resolution as Exhibit B).
ADOPTED August 09, 2016 by the AVON TOWN COUNCIL
By:_______________________________ Attest:___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
EAGLE RIVER FIRE PROTECTION DISTRICT, a political subdivision and quasi-municipal corporation of the State of Colorado
as to an undivided 55% and THE TOWN OF AVON, a home rule municipal corporation of the State of Colorado as to an
undivided 45%, Tenants in Common
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood
Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate in the County of Eagle, State of Colorado, described as follows:
Lot 1B, Buck Creek Subdivision, Filing No. 2, according to the Final Plat thereof, situate in Section 1, Township 5
South, Range 82 West of the 6th P.M., more particularly described at Reception Numbers 201510225, 201610880
and 201611830 in the office of the Eagle County Clerk and Recorder, Eagle, Colorado. And, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as follows:
An Easement containing underground power lines with above ground pad mounted equipment as constructed, the location
of said Easement upon the above described property is shown on Exhibit A attached hereto and made a part hereof by
reference.
The rights herein granted specifically allow Grantee to install additional underground and/or pad-mounted facilities within
the easement described herein.
It shall be the Grantor’s responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed
hereunder on said real property are accessible by Grantee’s boom trucks and other necessary equipment and personnel at
all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or
other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and
transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and
switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be
even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and
accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and
switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten
(10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other
obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening
sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this
paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections
will be made at the sole cost and expense of Grantor.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right
to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the
implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described
use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that
landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized
and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by
exercise of its rights granted by this easement.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee,
and shall be removable at the option of Grantee.
Grantor covenants that they are the owner of the above described lands and that the said lands are free and clear of
encumbrances and liens of whatsoever character, except those held by the following: All those of Record.
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TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of , 20 .
The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that he/she has full power and authority to sign, execute, and deliver this instrument.
EAGLE RIVER FIRE PROTECTION DISTRICT, THE TOWN OF AVON,
a political subdivision and quasi-municipal corporation a home rule municipal corporation of the State of
of the State of Colorado, as to an undivided 55% Colorado, as to an undivided 45%
By: By:
Mayor
Title:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as of EAGLE RIVER FIRE PROTECTION DISTRICT,
a political subdivision and quasi-municipal corporation of the State of Colorado, as to an undivided 55%.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as Mayor of THE TOWN OF AVON, a home rule municipal corporation of the State
of Colorado, as to an undivided 45%
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
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TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement is made and entered into this day of , 20 , between EAGLE RIVER FIRE PROTECTION DISTRICT, a political subdivision and quasi-municipal corporation of the State of Colorado as to an undivided 55%, whose mailing address is P.O. Box 7980, Avon, CO 81620-7980, and THE TOWN OF AVON, a home rule municipal corporation of the State of Colorado as to an undivided 45%, whose mailing address is P.O. Box 975, Avon, CO 81620, Tenants in Common, hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Box 2150, Glenwood Springs, Colorado 81602, hereafter called "Holy Cross". WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called “Facilities”, to serve a project known as Avon Public Safety Facility, Buck CK L1B, hereinafter called “Project”; and, WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities; and,
WHEREAS, Owner owns real property described as follows: Lot 1B, Buck Creek Subdivision, Filing No. 2, according to the
Final Plat thereof, situate in Section 1, Township 5 South, Range 82 West of the 6th P.M., more particularly described at
Reception Numbers 201510225, 201610880 and 201611830 in the office of the Eagle County Clerk and Recorder, Eagle,
Colorado,
hereinafter called “Property”, which Property is the real property where the Project is being developed; and,
WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property
adjacent to the Project described as follows: N/A, hereinafter called “Adjacent Land”.
NOW, THEREFORE, Owner and Holy Cross agree as follows:
1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for
installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans
approved by Holy Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction
Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless
approved by Holy Cross in advance. All Facilities installed hereunder shall be inspected during construction by Holy
Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross.
a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications
and Construction Specifications and such specifications are made a part hereof by reference.
b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded
utility easements.
c. The top of all conduits installed hereunder shall be located a minimum of 48” below the final grade of the ground
surface.
d. A twelve-inch (12”) minimum separation will be maintained between conduits installed for the Facilities and all other
new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit
separation from plastic gas lines shall be greater than this minimum wherever practicable.
e. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual
arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued
to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults
meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an
acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as
the owner of the conduit, vaults and related structures and facilities.
f. If conduit and/or vault installation provided by Owner for the Project are found to be unusable or improperly
constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible
for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all
additional costs resulting from conduit and/or vault installation being unusable or improperly constructed.
2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform
work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees,
providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees
connected with its work on the Project.
3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder.
Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken
within five (5) feet of existing underground electric facilities except under the on site supervision of a Holy Cross
employee.
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4. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder by the Owner and/or work performed at the direction of the Owner. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever Owner is a government or district it shall procure and maintain in effect at least $1,000,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification clause. Upon Holy Cross’ request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. 5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two (2) years beginning on the date backfill and cleanup are completed. 6. Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed. 7. In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt of such notice by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable to and collectible from Owner. 8. As set forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the proper depth, it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner. 9. It shall be Owner’s responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 10. All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the Owner’s responsibility to maintain acceptable access, as determined solely by Holy Cross, to all Holy Cross meters at all times. At any time in the future, should access to any Holy Cross meters be determined by Holy Cross to be unacceptable, then it shall be the Owner’s responsibility, at the Owner’s sole cost, to correct the access and make it acceptable, as determined solely by Holy Cross. 11. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of encumbrances and liens of any character, except those held by the following: All those of Record. The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and shall be binding upon the successors in interest, and assigns, of the Property.
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The individual signing this Trench, Conduit and Vault Agreement hereby represents that he/she has full power and
authority to sign, execute, and deliver this instrument.
Holy Cross Energy, a Colorado corporation EAGLE RIVER FIRE PROTECTION DISTRICT,
a political subdivision and quasi-municipal corporation of
the state of Colorado as to an undivided 55%
By: By:
David Bleakley – Vice President, Engineering
Title:
THE TOWN OF AVON,
a home rule municipal corporation of the State of
Colorado as to an undivided 45%
By:
Title:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as of EAGLE RIVER FIRE PROTECTION DISTRICT,
a political subdivision and quasi-municipal corporation of the State of Colorado as to an undivided 55%.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as of THE TOWN OF AVON, a home rule
municipal corporation of the State of Colorado as to an undivided 45%
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
W/O#16-22569:50-59:Avon Public Safety Facility, Buck CK L1B 7/27/16 16-22569 Eagle River JV Page 3 of 4 Revised 12/18/15
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by David Bleakley – Vice President, Engineering Department, Holy Cross Energy, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
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Trench, Conduit and Vault Agreement
Holy Cross Energy
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, JULY 26, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 07-26-2016 Minutes Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:07 p.m. A roll call was taken and Council members
present were Sarah Smith Hymes, Scott Prince, Megan Burch, Matt Gennett, Buz Reynolds and Jake
Wolf. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Director Matt
Pielsticker, Interim Police Chief Greg Daly, Town Engineer Justin Hildreth, Assistant Town Manager Scott
Wright, Executive Assistant to the Town Manager Preston Neill, and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT
Andrea Burrows, Derick George, Tom Beaver, Darcy Giles, Amy Hunter, LeeAnn Marshall and Josh Frank
commented.
4. ACTION ITEMS
START TIME: 00:51:22
4.1. PUBLIC HEARING SOUND PERMIT APPLICATION FOR AVON LIVE! SUMMER CONCERT SERIES
(MIKE O’BRIEN, PEAK PERFORMANCES)
Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds moved
to approve the Amplified Sound Permit for Avon LIVE! Summer Concert in the Park on Wednesday,
August 10th, 17th, 24th and 31st, 2016; Mayor Pro Tem Wolf seconded the motion and it passed
unanimously by those present.
4.2. PUBLIC HEARING SECOND READING ORDINANCE 16-13, APPROVING REZONING PORTIONS OF LOTS 1, 2A, 2B,
2C, 3 AND 5, MOUNTAIN VISTA RESORT SUBDIVISION, FROM PUD TO TOWN CENTER ZONE DISTRICT –
CONTINUED FROM JULY 12, 2016 (PLANNING DIRECTOR MATT PIELSTICKER)
Mayor Fancher opened the Public Hearing and Tambi Katieb commented. Councilor Gennett moved
to approve on second and final reading Ordinance No. 16-13 Rezoning Lots 1, 2A, 2B, 2C, 3 and 5,
Mountain Vista Resort Subdivision, Avon, Colorado from Planned Unit development to Town Center
with one modification to section 3.3 of the Restated Development Agreement, attached as Exhibit A
to Ordinance 16-13. The modification was the addition of the following language: “Owner shall
consider shared parking arrangements with the Town at the time of proposing development.”
Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present.
4.3. ACTION ON FIRST READING OF ORDINANCE 16-16, APPROVING A FRANCHISE AGREEMENT WITH COMCAST OF
COLORADO VII, LLC FOR THE PROVISION OF CABLE SERVICES IN THE TOWN OF AVON
(TOWN ATTORNEY ERIC HEIL)
Councilor Reynolds moved to approve on first reading Ordinance No. 16-16 Approving a
Franchise Agreement with COMCAST of Colorado VII, LLC for the Provision of Cable Services in
the Town of Avon; Councilor Burch seconded the motion and it passed unanimously by those
present.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, JULY 26, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 07-26-2016 Minutes Page 2
5. WORK SESSION
START TIME: 02:17:37
5.1. 2016 LEGISLATIVE REPORT FROM COLORADO STATE REPRESENTATIVE DIANE MITSCH BUSH
6. ACTION ITEMS
START TIME: 02:30:48
6.1. ACTION TO SUPPORT A LETTER TO THE DEPARTMENT OF THE INTERIOR TO INITIATE A PROGRAMMATIC
ENVIRONMENTAL IMPACT STATEMENT FOR THE FEDERAL COAL PROGRAM (COUNCILOR SARAH SMITH HYMES)
Councilor Smith Hymes moved to authorize Mayor Jennie Fancher, on behalf of the Town of Avon,
to become a signature to the Mountain Pact letter calling for the U.S. Department of the Interior to
initiate a Programmatic Environmental Impact Statement for the federal coal program; Mayor Pro
Tem Wolf seconded the motion and it passed unanimously by those present.
6.2. ACTION ON REQUEST TO SOLICIT, INTERVIEW AND APPOINT MEMBERS TO A HISTORIC PRESERVATION
ADVISORY COMMITTEE MEMBERSHIP (COUNCILOR SARAH SMITH HYMES)
Tamara Underwood commented.
Councilor Burch moved to approve the formation of an Advisory Committee for Historic
Preservation with up to 5 members to be appointed by the Mayor; Councilor Smith Hymes
seconded the motion and it passed unanimously by those present.
6.3.CONSENT AGENDA
6.3.1. APPROVAL OF THE NOVEMBER 8, 2016 GENERAL MAIL BALLOT ELECTION – IGA
(TOWN CLERK DEBBIE HOPPE)
6.3.2. APPROVAL OF THE MINUTES FROM THE JULY 12, 2016, TOWN COUNCIL MEETING
(TOWN CLERK DEBBIE HOPPE)
6.3.3. APPROVAL OF RESOLUTION 16-20, A RESOLUTION AMENDING AND RE-ADOPTING THE SIMPLIFIED
RULES OF ORDER FOR AVON TOWN COUNCIL MEETINGS (TOWN ATTORNEY ERIC HEIL)
Councilor Burch moved to approve the consent agenda; Councilor Gennett seconded the
motion and it passed unanimously by those present. Mayor Pro Tem Wolf voted no.
7. WRITTEN REPORTS
7.1. TOWN ATTORNEY UPDATE OF HB 16-1309 AND HB 16-1311 REPORTING ON THE RESPECTIVE REQUIREMENTS
OF THE BILLS (TOWN ATTORNEY ERIC HEIL)
7.2. MONTHLY FINANCIAL REPORT (BUDGET ANALYST KELLY HUITT)
8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
9. MAYOR & COUNCIL COMMENTS
10. TOWN MANAGER UPDATE
11. ADJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 8:41 p.m.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, JULY 26, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 07-26-2016 Minutes Page 3
RESPECTFULLY SUBMITTED:
______________________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
Megan Burch ________________________________
Albert “Buz” Reynolds ________________________________
Scott Prince ________________________________
Sarah Smith Hymes ________________________________
1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Scott Wright, Asst. Town Manager
Meeting Date: August 9, 2016
Agenda Topic: Review and Direction on Revenue Projections for the 2017-18 Budget and
Allocation Target of Up to $205,000 for Community Grants
The following are staff’s comments and recommendations regarding tax revenue trends and
projections and increases in certain fees. Early observations, discussion and direction allow staff to be
proactive during our budget development.
A PowerPoint presentation will be provided during the budget work session.
Tax Revenues
Property Taxes
Although the preliminary certification of values has not yet been received (anticipated receipt date is Aug. 25) this is not a revaluation year so assessed values are only expected to grow based on new construction.
Most new construction outside of the Town Center West Urban Renewal Plan area has
been residential construction in Wildridge and Mountain Star.
Assessed values for residential property are only assessed at a rate of 7.96%. Therefore, total assess values are only projected to increase by one percent (1%) or $17,461, which is
the 5-year average of new construction for the Town.
In 2015, a revaluation year, total assessed values grew by 16.9%. The projected growth in
assess values for 2017 is 20%. The increase in projected 2018 property tax revenues based on this projection is $349,220.
Sales Tax
Key indicators of sales tax include the following: o Total sales tax for 2016 is up 3.77% YTD through May over the previous year.
However, 2015 included very large collections sales tax collections in January and
February due to the 2015 Alpine World Championships. Given this anomaly,
normal sales tax collections are actually showing to be up approximately 10.8%
year-to-date. o The top ten sales tax payers representing 50.48% of total sales tax collections are
collectively up 8.95% over last year.
o New sales tax licensees are helping drive the Town’s sales tax growth,
representing $156,533 in new taxes, or 4.73% of total sales taxes collected YTD.
Projections o Staff recommends a 4% projected rate of growth for sales tax for both 2017 and 2018. There is no change in this projection from the previous year. However, this
projected growth will be calculated on a revised base to reflect the loss of Sports
Authority. Sports Authority has consistently been one of the top 5 sales tax payers
in the Town. Our sales tax projections for the remainder of 2016 and 2017 take
into consideration the loss of these revenues. o Based on sales tax collections through May, a decrease of $31,471 in estimated
revenues for 2016 and a decrease of $257,834 for 2017 are necessary.
o Using the revised 2017 base, a 4% growth factor, and project additional revenues
from the new hotel being developed on Lot B, staff projects an additional
$451,290 in sales tax revenues for 2018 over the 2017 year.
Accommodations Tax
Key indicators of accommodations tax include the following:
o Total accommodations tax is up 14.26% YTD through May over the previous
year. o Both January and February, 2016 exceeded those months in the previous year,
even with the 2015 AWSC occurring.
o Accommodation taxes collected at the Riverfront Lodge and Spa are up 20.9%
through May. o Compliance efforts for short-term rentals are increasing those revenues, even though they represent a small percentage of total accommodation taxes.
o DestiMetrics statistics indicate that room rates for Avon lodges are at the lower
end compared to other mountain ski towns. This indicates a continuing growth
trend in accommodation tax revenues is possible even without additional room
nights.
Projections
o Based on the current YTD increase over 2015, and assuming the same level of
collections for the remainder of the year as in 2015, the projected increase for
2016 is 7.5%. This results in an increase of $93,911 over the current 2016 budget. o Staff recommends a projected rate of growth of 6% for 2017 and 2018. This results in an increase in accommodations tax revenues of $72,968 and 77,346 for
2017 and 2018, respectfully.
Building Fees
Building fees are being reviewed to ensure that these fees cover costs. The proposed cost recovery methodology is that building permit fees, plan check fees and contractor’s fees
together should cover a rolling 5-year average of 100% of the Community Development
Department’s building inspection division budget, and 20% of its planning division
budget.
Year-to-date, building fees are $5,152 over the budget of $176,500 for permit fees, plan check fees and contractors fees. This amount is on par with years of similar normal
activity. That being said, we are now aware of two additional development projects
coming online in either late 2016 or 2017 – the Basecamp development, and the new hotel
on Lot B. These new projects will generate approximately $300,000 in additional
building fees. As we get closer to understanding their building schedules, staff will make a decision as to which year to include these additional revenues.
Capital Projects – Real Estate Transfer Tax
Real estate transfer tax revenues are up 23% through June compared to the same time period for the previous year, and up $220,959 compared to the budget through June 2016.
2016 revenues are budgeted at $2,100,000 which reflects the average RETT collections
for the past couple of years.
Staff will continue to monitor the volume of RETT transactions and before the final
budget may recommend increasing the estimated revenues by $100,000 for both 2017 and 2018 based upon the volume of sales and the general increase in market values in Avon.
Fee Recommendations
Fleet Maintenance The past year has been a challenging one for Fleet Maintenance. New Fleet Director Rego Omerigic
has been busily reviewing fleet operations and staffing which we are optimistic will result in a more
efficient fleet operation.
Fleet shop rates are intended to cover the salaries and benefits of our fleet staff. In 2015, cash used in operations totaled $108,820. It is staff’s objective to reduce this figure to a breakeven point by
ensuring the efficiency of our mechanics and working to increase the volume of third-party business.
The third leg of the stool is to periodically adjust shop rates to cover real operating cost increases, yet
ensure competitiveness with the private market.
Rates
Current Rates = $107/hr. for light duty vehicles and $116/hr. for heavy duty vehicles.
The Town annually compares rates to private shops in order to stay competitive. A recent
survey of regional private shops produced an average of $123.5/hr. for light duty and
$128/hr. for heavy duty.
Based on this survey staff proposes to increase 2017 shop rates by $3 per hour to $110 for
light duty and $119 heavy duty vehicles. These rates still allow the Town to remain
competitive by maintaining a lower than average rate for both vehicle types. These rates
represent approximately 90% of the market average.
The increase in rates will translate into approximately $73,203 in additional revenue for 2016
There are no shop rate increases being contemplated for 2018.
A parts mark-up was approved in 2016 to increase from 15% to 20%. The Town
Manager deferred this increase for 2016. The increase will be instituted beginning
January 1, 2017.
Avon Recreation Center Admission Fees Staff proposes to increase resident monthly passes by the following amounts. Please see Attachment
#1 for detail regarding the Recreation Director’s market research, historical data and service level
improvements and upgrades supporting this recommendation.
Allocation Target of Up to $205,000 for Community Grants
See Attachment #2 – Community Grant Program
Attachments:
Attachment #1 – Recreation Center Pass Rates Memo
Attachment #2 – Community Grant Program
Pass Type 2016 Cost Proposed 2017 fee structure
Adult Resident 1 Month $49.00 $56.00
6 Month $259.00 $294.00
1 Year $447.00 $516.00
Family Resident
1 Month $96.00 $118.00
6 Month $502.00 $576.00
1 Year $866.00 $1,000.00
Buddy Resident
1 Month $45.00 $52.00
6 Month $238.00 $270.00
1 Year $415.00 $475.00
Youth/Senior Resident
1 Month $31.00 $37.00
6 Month $155.00 $186.00
1 Year $268.00 $300.00
ATTACHMENT #1
RECREATION CENTER PASS RATES
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: John Curutchet, Director of Recreation
Date: August 1, 2016
Re: Recreation Center Pass Rates
Background
Staff completed a market research effort and collected historical data this year to determine the need for any
cost adjustments to Recreation Center admission fees. Fee structure information was gathered from recreation
centers in Summit County, Glenwood Springs, Gypsum and the Westin Athletic Club. Staff found that most
recreation centers have a fee structure similar to ours that differentiates fees for residents and non-residents.
The separation in resident/non-resident monthly fees of our regional facilities averaged $11.00, while the Avon
Recreation Center cost differential for monthly resident versus non-resident is $27.00. Our non-resident monthly
pass is currently set at $76.00. That amount is on average, 68% higher than the regional recreation centers that
we studied, however, does represent a competitive value locally. The current resident monthly pass fee at the
Avon Recreation center is $49.00, which does align with our regional recreation centers; however the rate is 63%
lower than our nearest health club option, The Westin.
Our historical data research concluded that our resident pass rates have not been adjusted since 2008. Staff
found that our nearest local option, The Westin makes a general practice of raising rates annually, while our
regional recreation and fitness providers conduct small percentage adjustments every 2-3 years.
Summary
Staff concluded that our focus should be to remain competitive in the local market, while representing a fee
structure that is consistent with other regional providers. Staff believes the non-resident pass rates remain a
good value in the local market, but our resident pass rates have been determined to be low, and should be
considered for upward adjustment. An increase in resident pass rates will decrease the gap in cost difference
between resident and non-resident fees, while remaining a great value in the local market. See proposed 2016
rate structure, (Attachment A).
Staff Recommendation
Since the last pass rate adjustment eight years ago, the Recreation Center has undergone many improvements,
and has increased our amenities significantly. Staff is confident that the numerous upgrades and additions to
Recreation Center amenities will be perceived as reasonable to warrant an increase to fees. Staff recommends
that Council approve the adjustment to Avon Resident pass rates based upon the following considerations:
• Addition of a 1,600 square foot free weight room with increased equipment options
• Addition of a wellness studio for increased yoga and a premier Tai Chi program
• Addition of a professional bouldering wall from Eldorado Climbing Walls
• Refurbished water slide, addition of tumble buckets, spray cannon and waterfall to the aquatics area
• Upgraded locker rooms with top tier tile and vanity fixtures enclosed by new frosted glass doors
• Upgraded reception area including a redesigned, and more welcoming front desk
• Upgraded lobby with new furniture, artwork, and flooring that invokes a relaxing and inviting “living
room” feel
• Free Wi-Fi added to the Recreation Center
Page 2
Attachment A
Proposed 2017 Avon Pass Rate Structure
Pass Type
2016
Cost
Proposed
2017 fee
structure
Adult Resident
1 Month $49.00 $56.00
6 Month $259.00 $294.00
1 Year $447.00 $516.00
Family Resident
1 Month $96.00 $118.00
6 Month $502.00 $576.00
1 Year $866.00 $1,000.00
Buddy Resident
1 Month $45.00 $52.00
6 Month $238.00 $270.00
1 Year $415.00 $475.00
Youth/Senior Resident
1 Month $31.00 $37.00
6 Month $155.00 $186.00
1 Year $268.00 $300.00
ATTACHMENT #2
COMMUNITY GRANT PROGRAM
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: August 9, 2016
Agenda Topic: Allocation target of up to $205,000 for the 2017 Town of Avon Community Grant
Program
SUMMARY:
On June 14, 2016, in preparation for the release of application materials for the 2017 Town of Avon
Community Grant Program, the Town Council reviewed and amended the procedures for solicitation,
evaluation and funding.
One of the refinements was the elimination of applicant presentations before Council. Instead,
funding recommendations from the Ad Hoc Review Committee will be incorporated into the annual
proposed budget and subject to approval during the annual budget process. Also, Council agreed to
set a maximum amount of money for community funding that the Ad Hoc Review Committee’s
funding recommendations shall not exceed. The purpose of this memorandum is to request Council
approval, by motion and vote, of a “not to exceed” amount for community funding.
A funding history chart that includes several other municipalities has been prepared below:
RECOMMENDED MOTION:
“I move to allocate up to $205,000 for community funding that the Ad Hoc Review Committee’s
funding recommendations shall not exceed.”
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: August 9, 2016
Topic: Town Code Requirement for Gift Reporting and Disclosure Report
The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts”
includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of
$50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall
report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the
Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of
the Town Code of Ethics.
Please find attached the Town Clerk Gift Reporting Disclosure Report for August 2016, which lists
fourteen (14) VIP passes to the Outlaws & Legends Music Festival on July 29th and 30th.
Town Council is not required to take any action; however, any Town Council member may request
Council consideration of a reported gift to determine whether such gift constitutes a conflict of
interest.
Town of Avon
Town Clerk Disclosure Report
In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30
Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule
Charter provision, ordinance or resolution adopted by the Town of Avon, I, Debbie Hoppe, Town Clerk
for Town of Avon, submit the following list of such gifts reported to be received by officers of the
Town of Avon:
1. 2016 Outlaws & Legends Music Festival VIP Passes – The Town Council received fourteen (14) VIP
passes to the Outlaws & Legends Music Festival on July 29th and 30th. Each member of the Council
received two (2) VIP passes, one provided for the purpose of reviewing the event for production
and for any future funding request, and the second provided as a gift for a guest. Each pass is
valued at $400.00.
Submitted to the Avon Town Council on August 9, 2016.
_________________________________
Debbie Hoppe, Town Clerk