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TC Resolution 17-08 Approving the Expenditure of Community Enhancement FundsTOWN OF AVON RESOLUTION NO. 17-08 SERIES OF 2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, APPROVING THE EXPENDITURE OF COMMUNITY ENHANCEMENT FUNDS FROM HOLY CROSS ENERGY AS PROVIDED FOR IN ARTICLE 11, TOWN OF AVON ORDINANCE NO. 2001-01, SERIES OF 2001 WHEREAS, the Town Council of the Town of Avon, Colorado, has approved Ordinance No. 2001-01, Series of 2001 which granted a franchise to Holy Cross Energy; and WHEREAS, Article 11 of Ordinance No. 2001-01 provides that Holy Cross Energy will voluntarily make monetary resources available to the Town for programs designed to make a difference in people's lives and the communities in which they reside; and WHEREAS, Section 11.1 of Ordinance No. 2001-01 limits the use for which such funds shall be spent shall to: (1) Beautification projects; (2) Energy conservation projects; (3) Equipment and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition of open space and/or park land and development thereof, (6) Sponsorship of special community events; and, (7) Undergrounding of overhead electric and other utility lines. Funds made available under this Article may be spent for other purposes only with the express written consent of the Company; and WHEREAS, Section 11.4 of Ordinance No. 2001-01, provides that the Town Council is required to approve the expenditure by resolution or ordinance duly enacted by the Town Council, and such resolution or ordinance shall clearly describe the nature and purpose of the project for which the expenditure is made and that prior to any expenditure, the Town shall notify the Company of its intended use of the funds. Unless the Company objects, in writing, prior to such expenditure, the Company shall have waived its right to object in the future if the funds are expended for the use identified in the notice. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Avon Town Council approves utilizing the Holy Cross Enhancement Funds as shown in Exhibit A attached hereto. The Town Council believes that the expenditure of these funds meets the intent and purpose of Article 11 of Ordinance No. 2001- 01 and the projects as described in Article 11.1 hereof. Section 2. Town staff will forward this resolution to Holy Cross Energy to comply with Section 11.4 of Ordinance No. 2001-01, Series of 2001. Town of Avon Resolution No. 17-08 Page 1 of 2 ADOPTED this 9"' day of May, 2017. T WN OF AVON COLORADO Jei pie Fancher, Mayor ATTEST:4CIerk OFq!'o,�EAL: Debbie HoppLORA`�d Town of Avon Resolution No. 17-08 Page 2 of 2