TC Council Packet 11-14-2000Town Council Meetings
Roll Call Check Sheet
Date- 1 1 /14/nn _ 1
J
Michael Brown
?X
Debbie Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
L\
- 'I
. j
j
- j
Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for
meeting roll call or to break a tie vote.
Seating arrangements from west to east: Brown, Reynolds, Cuny, Yoder, McDevitt,
Buckley, Benson
Staff Present:
Bill Efting
Larry Brooks
V Burt Levin
V Kris Nash
Jacquie Halburnt
Scott Wright
Jeff Layman
Charlie Moore
?-' Norm Wood
Meryl Jacobs
Bob Reed
,Harry Taylor
_,ZMike Matzko
Other Staff:
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, WILL BE HELD NOVEMBER 14, 2000,
AT 4:00 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
I 4:00 PM - 4:30 PM
t f 1? v
4:30 PM - 4:45 PM
4:45 PM - 4: 55 PM
1.) Holy Cross Franchise Discussions
-(Burt Levin)
2.) Wildridge Entry Sign Update
3.) Accommodations Tax Discussions
(Larry Brooks & Scott Wright)
4:55 PM - 5:00 PM 4.) Transfer Tax Ordinance Discussion
Accommodations Tax Ordinance Discussion
(Larry Brooks & Burt Levin)
5:00 PM - 5:10 PM 5.) Drug Task Force Discussion
(Jeff Layman)
-5:10 PM - 5:20 PM 6.) Community Development Update
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC
TO" OFAVON, COLORADO
BY:
-V,<fiMen Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON NOVEMBER 10, 2000:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
1+ ??von
Wle o
To: Honorable Mayor and Town Council
Thm: Bill Efting, Town Manager
From Scott Wright, Finance Cirector?
-Date: --November 9, 2000
Re: Accommodations and Sales Tax Audits
Summary:
The Town's accommodations tax has decrease significantly from a high of $298,679 in 1997 to a
projected $231,763 for 2000. This is a decrease of more than 20% in three years. In my opinion this
drop is significant enough to recommend to the Council a review and possible audit of the Town's
accommodation providers.
Many cities and towns, as well as the State of Colorado, perform regular reviews and audits of
merchants. The Town may perform these audits in-house or contract with a company that specializes
in performing audits of sales and accommodation taxes.
-Staff-would like to discuss this issue further with the Council-at the next Council worksession.
Town Manager Comments;
-ry
r
le-IL
Page 1
e
Memorandum
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager !
From: Jeff Layman, Chief of Police
Date: 11/10/00
Re: Fifth Judicial District Drug Task Force -
Summary:
A grant has become available to fund a drug task force in our district for 2001 and
beyond. This proposal is a scaled down version of the task force involving only
Eagle County Law Enforcement, rather than the entire 5a' Judicial District.
The highlights of the proposal are as follows:
-Task Force includes the Avon Police Department, the Eagle County Sheriffs
Office, the Vail Police Department and the District Attorney's Office.
-The DA's Office will administer the grant:
-The task force will be decentralized with officers working from their
respective departments.
-Operation will begin in July 2001. Grant funding runs through July 2002.
-The total cost of the task force for one year is $370,000
-Grant requires 25% local match.
-Avon's match in 2001 would be $12,500. In 2002, it would be $25,000.
-This proposal replaces one from earlier this year in which we asked for
$60,000 per year to fund our portion of a "non-granted" task force.
1
November 10, 2000
Discussion:
As Council Members may recall, District Attorney Michael Goodbee, earlier this
year, had proposed a district-wide drug task force to deal with the flow of illicit
drugs into the central mountains. He had asked the jurisdictions in his district for
commitments for the operation of the task force. The Council directed me to
continue with my discussions with the District Attorney.
During these discussions, it became clear that many jurisdictions in the county
would or could not participate. It was also clear that with little or no funding
sources, a full-time task force approach to the problem would not be possible.
The 2001 Edward Byrne grant applications have just become available. This federal
grant, administered by the Colorado Division of Criminal Justice, funds
collaborative and community-based drug control programs. The application is due
on December 8, 2000 and begins its one year funding cycle on July 1, 2001.
The grant requires a 25% local match in years one and two and 35% in years three
and four. If the task force continues beyond four years, the grant will pay 50% of
costs. The grant wishes to see grantees pay an increasingly higher share of the costs
of the program over time, ultimately making the program self sufficient and not
dependent on federal funds.
In our conversations with the District Attorney, we have scaled down the original
proposal from district-wide (Clear Creek, Summit, Lake and Eagle counties) to
Eagle County only. The proposed task force includes the Eagle County Sheriff s
Office, Vail Police Department, Avon Police Department, DA's Office and possibly
the Eagle Police Department.
The DA Investigator/Attorney assigned to the task force will be responsible for all
administrative functions, leaving the law enforcement detectives free for operational
duties. The task force concept is decentralized, with all members working out of
their respective agencies. The DA's representative will work from an office in the
Eagle-Vail Sheriffs sub-station.
Budget Implications:
The task force would begin formal operation on July 1, 2001. The budget
implication for 2001 would be approximately $12,500. For 2002, the budget would
be $25,000.
2
Y
November 10, 2000
Recommendation:
I believe the council should authorize the Avon Police Department to join the DA's
initiative by budgeting $12,500 in the 2001 budget and commit to $25,000 for the
2002 budget. Funding for subsequent years should be based on the performance of
the task force.
Town Manager Comments:
'- ??i?cu? ?? t?? yec,? 201 i ?ewC??? ,
ckv
Gyp ?? .
3
TOWN OF AVON
LOCAL LIQUOR LICENSE AUTHORITY AGENDA
November 14, 2000 - 5:20 PM
1. Call to Order / Roll Call Z- `
2. Application for New OR Renewal Liquor License
a.) Application for Renewal Hotel & Restaurant Liquor License
Applicant: Chicagos, Ltd.
Address: 240 Chapel Place, B 129
?t Avon, CO 81620
Officers: Gregory Kraft, President
b.) Application for Renewal Hotel & Restaurant Liquor License
?yt .. p Irv
( Y Applicant: Columbine Bakery, Inc. }
Address: 51 Beaver Creek Place 6 D
6 Avon, CO 81620
Officers: Ronda Niederhauser, Secretary/Treasurer
p
c.) Application for Renewal Beer and Wine License
?.? Applicant: Camp Cafe, Inc. dba Camp Cafe ,
6,7 -
Address: 137 Benchmark Road
Avon, CO 81620
Officers: Robert Galvin, President
3. Other Business
,,a) Corporate Report of Changes
Applicant: Lost Armadillo Bar & Grill, Inc. dba Coho Grill V
Address: 48 E. Beaver Creek Blvd., #105
Avon, CO 81620
Officers: Robert Prigmore, President
4. Approval of the Local Liquor License Authority Minutes
a.) Approval of the October 24, 2000 Meeting Minutes
C-' 5. Adjournment
DR 8400 (1
COLORADO /DEPT OF REVENUE LIQUOR OR 3.2 BEER LICENSE
LIQUOR ENFORCEMENT DIVISION
1375 SHERMAN ST RENEWAL APPLICATION
o DENVER CO 80281
CHICAGOS LTD
PO BOX 8159
AVON CO 81620
License Number License Type
26-30442-0000 1970
Liability Information
44 003 005813 C 113099
Business Location
240 CHAPEL PLACE UNI
AVON CO
CurfeAtLicense Expires
NOV 299 2000
PLEASE COPY FOR
YOUR RECORDS
? This renewal reflects no changes from the last
application. Complete page 2 and file now!
? There are changes from the last application.
Complete and attach page 2 (DR 8401) and if a
corporation, DR 8177 - Corporate Report of
Changes; or if a Limited Liability Company (DR
8405). All other changes of ownership require a
transfer of ownership application See your Local
Licensing Authority immediately
Application for renewal must be filed with your LOCAL
LICENSING AUTHORITY at least 45 DAYS PRIOR to the
expiration date of your current license.
Exception: Wholesaler, manufacturer, importer, and public
transportation system license renewals do not need Local
Licensing Authority approval and must be returned directly to
the Colorado Department of Revenue at least 30 days prior tc
the curtent license expiration date.
? Delivery Permit requested? Retail Liquor Store, I-AILLIKt I U HLt= [HIS FtENEA1,
DAYS PRIOR TO THE EXPIRATION DAAT LEAST-45
TE OF YOUR
Drug Store or 3.2% Beer -Combination On/Off LICENSE MAY RESULT IN YOUR LICENSE NOT
Premises Licenses ONLY. Check the box if you BEING RENEWED
want the permit to be issued .
.......................
............
...,.
.. ... ....
>:?OATH: AP
.... PLICAPVI` ::::::::::::::::::::::::::
:::::::::::::::::
.
declare under penalty of perjury in the second degree that this application and all attachments are true, correct
and complete to the
,
best of my knowledg
Authorized Signature Date Business Phone
Ic,-i v -o G g `t g 0 8
Title of Signer (if co ?gration) Sales Tax Number
..............................................
N ;Z49- 3O'1-4 ;L -C)00 ?
........................................... fEPOFIT:AND:APPR VAi`:. LI C.NSINO :A
OF:
O .. E...
. ::::::::::::::;:::
THOR
. .
U
The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory,
and we do hereby report that such license, if granted
will comply with the
rovisi
f Ti
l
1
,
p
ons o
t
e
2, Articles 46 and 47, C.R.S.
THEREFORE THIS APPLICATION IS APPROVED.
Local Licensing Authority for Date
? Town/City ? County
Signature Title
Attest
DO NOT DETACH nn ?inT r ?r . , ,
DO NOT DETACH
OR 8400 (08195)
COLORADO DEPT OF REVENUE LIQUOR OR 3.2 BEER LICENSE
1375 SHERMAN ST
DENVER CO 80281 RENEWAL APPLICATION
21
Business Name
CHICAGOS LTD LICENSE NUMBER (use for all reference) RENEWED LICENSE EXPIRES AFTER
26-30442-0000
TYPE OF LICENSE ISSUED 11-29-01
HOTEL AND RESTAURANT CASH FUND STATE FEE
CITY 85% OAP
LIQUOR LICENSE - MALT, 2320-100(999) 1970-750(999) 2180-100(999)
VINOUS, AND SPIRITUOUS
$ 25.00 $ 25.00 $ 425.00
ADD $75.00 TO RENEW RETAIL WAREHOUSE STORAGE
SUB-TOTAL $ 475.00
PERMIT 2210-100(999) $
TOTAL AMOUNT DUE $ _
Make check payable to: Colorado Department of Revenue
DR 8401 (0797)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1881 PIERCE ATTACHMENT TO LIQUOR OR
1881 PI
LAKEWOOD, CO 0261
(303) 205--2300 2300
3.2 BEER LICENSE RENEWAL APPLICATION
This page must be completed and attached to your signed renewal application form.
Failure to include this page with the application may result in your license not being renewed.
Trade Name of Esta hment State License Number
?,3 O ?..? C'
?
L
i{ L C = b Date of Birth
1. Operating anager Home Address 9 , C
?-o ?- (3 I o,? CO $C(? 24 T
Yes No
2. Do you have legal possession of the premises for which this application for license is made? W-3 i - 0
4 ?
Are the premises owned or rented: 'rn If rented, expiration date of lease:
3. Has there been any change in financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain in Ye?s
detail and attach a listing of all liquor businesses in which these new lenders or owners, (other than licensed financial institutions) are
materially interested.
4. Since the date of filing of the last annual apptication,,has the applicant, or any of its agents, owners, managers, principals, or lenders Yes No
(other than licensed financial institutions), been convicted of a crime? If yes, attach a detailed explanation. ?
5. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders
d an alcoholic beverage license suspended or
h Yes No
a
(other than licensed financial institutions), been denied an alcoholic beverage license,
revoked, or had interest in any entity that had an alcoholic beverage license denied, suspended or revoked? If yes, attach a detailed ?
explanation.
6. Does the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), have a
ther Colorado liquor license (include loans to or from any licensee, or interest in a loan to any
i Ye?s
n any o
direct or indirect interest
licensee)? If yes, attach a detailed explanation.
7. Sole owners or husband-wife partnerships answer this question. Since the date of filing of the last annual license application:
partnership, corporation, or limited liability
other person
an
t Yes
,
y
o
Has ownership changed in whole or in part, from a sole owner
licensee listed on your state liquor license? If yes, this license must be transferred to the new owner and
th ?
e
company other than
may not be renewed. Contact your Local Authority immediately.
8. Partnership applicants must answer this question. Since the date of filing of the last annual license application:
general partners added to, or deleted from the partnership? If yes, this license must be
been an
th Yes No
F] F1
y
ere
(a) Are there, or have
transferred to the new partnership and may not be renewed. Contact your Local Authority immediately.
with a 10% or more interest, added or deleted from the partnership? If yes, this
t ? ?
ners
(b) Are there, or have there been any limited par
t be transferred to the new partnership and may not be renewed. Contact your Local Authority immediately.
license mus
9. Corporate applicants must answer this question. Since the date of filing of the last annual license application:
or deleted from the corporation? If yes, complete and attach
ers or directors added to
ffi Yes No
?
,
c
(a) Are there, or have there been any o
DR 8177 and submit to your Local Authority immediately.
or have there been any stockholders with 10% or more of the issued stock, added to, or deleted from the corporation?
(b) Are there
?
,
If yes, complete and attach DR 8177 and submit to your Local Authority immediately.
(c) Date of filing last annual corporate report with the Colorado Secretary of State:
10. Limited Liability Company applicants must answer this question. Since the date of filing of the last annual license application:
or deleted from the company? If yes, complete and attach
members added to
in
mana Yes No
? ?
,
g
g
(a) Are there, or have there been any
DR 8177 and submit to your Local Authority immediately.
(b) Are there, or have there been any members with 10% or more membership interest, added to, or deleted from the company?
? ?
If yes, complete and attach DR 8177 and submit to your Local Authority immediately.
(c) Date of filing last annual LLCO report with the Colorado Secretary of State:
it. Bed and Breakfast applicants must answer this question and certify compliance with 12-47-118.5 C.R.S., to the state licensing
authority by initialing the following listed questions:
That it has no more than 20 sleeping rooms, and
That it provides at least 1 meal per day at no charge other than for overnight lodging, and
That it does not sell alcoholic beverages by the drink or in sealed containers, and
41
That it shall not serve alcoholic beverages for more than 4 hours in any one day, as follows:
MONDAY HOURS TUESDAY HOURS WEDNESDAY HOURS THURSDAY HOURS FRIDAY HOURS SATURDAY HOURS SUNDAY HOURS
From: m. From. m. From: M.. From: m. From: m. From: M. From:
To: M. To:
To: M M.
M.
.
To: m. To. m. To: m. To: M.
i I I
VON
C O L O R A D O
Town of Avon
Office of the Town Clerk
Referral to Police Department
Date: October 12, 2000
Applicant: Gregory A. Kraft
Date of Birth: 09/05/1948
SSN: 332-42-3561
has made application to the Town Clerk for:
Type of License: Hotel & Restaurant
Name of Business:
dba Chicago's, Ltd.
Physical Location: 240 Chapel Place, #CB-129
Avon, CO 81620
Comments: Renewal he
Town Clerk Signature:
scheduled for November 14, 2000.
Investigation by: Date:
Avon Police Department Investigation Comments: z'26/
s
Avon Police Department
Liquor License Applicant
Name: Kraft, Gregory DOB 09/05/48
Name of Business: dba Chicago's, LTD
Location of Business: 240 Chapel Place #CB-129 Avon Colorado 81620
Date Received: 10/13/00
Photographs/Fingerprints: On File
Investigation by: Detective Michael K Leake
Date: 11/02/00
Criminal Investigation: Criminal history located per C B I /C C I C Local history revealed no arrest
record for Mr. Kraft.
is
Local history revealed calls for service for 1999/2000 at Chicago's are as follows:
l The Avon Police Department had responded to a domestic violence call at Chicago's.
Comments: Background investigation conducted with no problems and or areas of concern. N.C.I.C.
database not accessed on this applicant Chicago's has an excellent reputation of reporting incidents and
assisting investigations of the Avon Police Department.
Investigation Time: 2 hours.
Administration Time: ]hour.
E
OR 8400 (1
COLORADO /DEPT OF REVENUE LIQUOR OR 3.2 BEER LICENSE
LIQUOR ENFORCEMENT DIVISION
1375 SHERMAN ST RENEWAL APPLICATION
' DENVER CO 80281
COLUMBINE BAKERY INC
PO BOX 18308
AVON CO 81620-8105
This renewal reflects no changes from the last
application. Complete page 2 and file nowt
? There are changes from the last application.
Complete and attach page 2 (DR 8401) and if a
corporation, DR -8177 - Corporate Report of
Changes; or if a Limited Liability Company (DR
8405). All other changes of ownership require a
transfer of ownership application. See your Local
Licensing Authority immediately.
? Delivery Permit requested? Retail Liquor Store,
Drug Store or 3.2% Beer - Combination On/Off
Premises Licenses ONLY. Check the box if you
want the permit to be issued
License Number License Type
04-85252-0000 1970
I Liability Information
44 003 005813 C 012391
Business Location
51 BEAVER CREEK PL
AVON CO
Current LicerlseExpires JAN 22, 2001
PLEASE COPY FOR
YOUR RECORDS
Application for renewal must be filed with your LOCAL
LICENSING AUTHORITY at least 45 DAYS PRIOR to the
expiration date of your current license.
Exception: Wholesaler, manufacturer, importer, and public
transportation system license renewals do not need Local
Licensing Authority approval and must be returned directly to
-_-the Cotorado-Department-of Revenue at-teast 30 day's prior- tc
the current license expiration date.
FATEURE TO FILE THIS RENEWAL AT LEAST 45
DAYS PRIOR TO THE EXPIRATION DATE OF YOUR
LICENSE MAY RESULT IN YOUR LICENSE NOT
BEING RENEWED.
..............
::::OATfrI: { AP
PLtCANT ::::::::::::....
I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the
best of my knowledge.
Authorize
gnat re Date Business Ph e
A - kdAjLa?,?
Title of Signer cif corporation) Sales Ta Number
.. ... <........:::: > : `::::::REPORT ANL7:Al'PR 1/AL: LI -
Q C ..CN$ING ALJTHQ.:.ITY:
The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory,
and we do hereby report that such license, if granted, will comply with the provisions of Title 12, Articles 46 and 47, C.R.S.
THEREFORE THIS APPLICATION IS APPROVED.
Local Licensing Authority for Date
? Town/City ? County 7_
Signature Title
Attest
DO NOT DETACH DO NOT DETACH DO NOT DETACH
COLORADO O DEPT OF REVENUE #,
DR 8400 ( LIQUOR OR 3.2 BEER LICENSE
1375 SHERMAN ST - L -APPLICATION
DENVER CO 80281
21
LICENSE NUMBER (use for an reference) RENEWED LICENSE EXPIRES AFTER
COLUMBINE BAKERY INC 04-85252-0000 01-22-02
TYPE OF LICENSE ISSUED CASH FUND STATE FEE
HOTEL AND RESTAURANT CITY 85% OAP
LIQUOR LICENSE - MALT, 2320-100(999) 1970-750(999) 2180-100(999)
VINOUS, AND SPIRITUOUS
$ 25.00 $ 25.00 $ 425.00
UB-TOTA
00(999) $ 475.00
ADD $75.00 TO RENEW RETAIL WAREHOUSE STORAGE PERMIT 221051
TOTAL AMOUNT DUE $77?•a)
Make check payable to: Colorado Department of Revenue
DR 8401 (0797)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1881 PIERCE
O 0261
ATTACHMENT TO LIQUOR OR
LAKEWOOD, C 8
(303) 205-2300 3.2 BEER LICENSE RENEWAL APPLICATION
This page must be completed and attached to your signed renewal application form.
Failure to include this page with the application may result in your license not being renewed.
Trade Name of Establi m t State Licen e Number
.
perating ana r
1 Hom Address I Date of Birth
,
??, '
2. Do you have legal possession of the premiss r which this applicat for license is made?
M Yes
i? No
No
F1
Are the premises owned or rented: If rented, expiration date of lease:
Has there been any change in financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain in
3 Ye
s
.
detail and attach a listing of all liquor businesses in which these new lenders or owners, (other than licensed financial institutions) are ?
materially interested.
4. Since the date of filing of the last annual application, has the applicant, or any of its agents,, owners, managers, principals, or lenders
lanation
iled ex
t
d
h Yes No
.
p
e
a
a
(other than-licensed _finamial institutions), been convicted of a crime? If yes, attac
5. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders Yes
(other than licensed financial institutions), been denied an alcoholic beverage license, had an alcoholic beverage license suspended or
attach a detailed
es
oked? If
d
?
EY
y
,
or rev
revoked, or had interest in any entity that had an alcoholic beverage license denied, suspende
explanation.
Does the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), have a
6 Yes No
.
direct or indirect interest in any other Colorado liquor license (include loans to or from any licensee, or interest in a loan to any
licensee)? If yes, attach a detailed explanation.
Sole owners or husband-wife partnerships answer this question. Since the date of filing of the last annual license application:
7 Yes N'
.
Has ownership changed in whole or in part, from a sole owner to any other person, partnership, corporation, or limited liability
d to the new owner and
f
t ?
erre
rans
company other than the licensee listed on your state liquor license? If yes, this license must be
may not be renewed. Contact your Local Authority immediately.
8. Partnership applicants must answer this question. Since the date of filing of the last annual license application:
this license must be
? If
es
hi
t Yes No
? ?
y
,
p
ners
(a) Are there, or have there been any general partners added to, or deleted from the par
transferred to the new partnership and may not be renewed. Contact your Local Authority immediately.
(b) Are there, or have there been any limited partners with a 10% or more interest, added or deleted from the partnership? If yes, this ? ?
license must be transferred to the new partnership and may not be renewed. Contact your Local Authority immediately.
Corporate applicants must answer this question. Since the date of filing of the last annual license application:
9
.
(a) Are there, or have there been any officers or directors added to, or deleted from the corporation? If yes, complete and attach ? F
DR 8177 and submit to your Local Authority immediately.
(b) Are there, or have there been any stockholders with 10% or more of the issued stock, added to, or deleted from the corporation?
l
di
t
1:1
e
a
If yes, complete and attach DR 8177 and submit to your Local Authority imme
y. S[
nn
_-
(c) Date of filing last annual corporate report with the Colorado Secretary of State: -
Limited Liability Company applicants must answer this question. Since the date of filing of the last annual license application:
10 Yes No
.
(a) Are there, or have there been any managing members added to, or deleted from the company? If yes, complete and attach
DR 8177 and submit to your Local Authority immediately.
(b) Are there, or have there been any members with 10% or more membership interest, added to, or deleted from the company?
l
di
t
i
?
y.
a
e
mme
If yes, complete and attach DR 8177 and submit to your Local Authority
(c) Date of filing last annual LLCO report with the Colorado Secretary of State: ?__
11. Bed and Breakfast applicants must answer this question and certify compliance with 12-47-118.5 C.R.S., to the state licensing
l
authority by initialing the following listed questions:
That it has no more than 20 sleeping rooms, and
That it provides at least 1 meal per day at no charge other than for overnight lodging, and
That it does not sell alcoholic beverages by the drink or in sealed containers, and
That it shall not serve alcoholic beverages for more than 4 hours in any one day, as follows:
MONDAY HOURS TUESDAY HOURS WEDNESDAY HOURS THURSDAY HOURS FRIDAY HOURS SATURDAY HOURS SUNDAY HOURS
From: m. From: m. From: m. From: m. From: m. From: M. From: M.
To: M. To: M. To: M. To: M. To: M. To: M. To: m.
VON
C O L O R A D O
Town of Avon
Office of the Town Clerk
Referral to Police Department
Date: October 12, 2000
Applicant: Daniel Niederhauser
Date of Birth: 10/29/1963
SSN: 590-40-9234
has made application to the Town Clerk for:
Type of License: Hotel & Restaurant
Name of Business: Columbine Bakery, Inc.
dba Columbine Bakery
Physical Location: 51 Beaver Creek Place
Avon, CO 81620
Comments: Renewal he
Town Clerk Signature:
scheduled for November 14, 2000.
Investigation by: 1,4M, , Date: 00
Avon Police Department Investigation Comments:
Avon Mice Department
UOc 4 License Applicant
Name: Daniel Niederhauser DOB 10/29/63
Name of Business: Columbine Bakery INC. dba Columbine Bakery
Location of Business: 51 Beaver Creek Place Avon, Colorado 81620
Date Received: 10/13/00
Photographs/Fingerprints: On File
>uvestiga_tiou_b_y• Detcodye bdwel R Leake #611
Date: 11/02/00
Criminal Investigation: Throughout the course of my investigation 1 found no arrest record or negative
driving history for Mr. Niederhauser.
C.
Local history revealed no calls for service for a one-year period at the Columbine Bakery.
is
Comments: Background investigation conducted with no problems and or areas of concern with the
Columbine Bakery. N C I C database not accessed on this applicant Columbine Bakery has an excellent
reputation of reporting incidents and assisting investigations of the Avon Police Department.
Investigation Time: 2 hours.
Administration Time: lhour.
E
DR 8400 (1
COLORADO /DEPT OF REVENUE LIQUOR OR 3.2 BEER LICENSE
LIQUOR ENFORCEMENT DIVISION
1375 SHERMAN ST RENEWAL APPLICATION
DENVER CO 80261
CAMP CAFE INC
CAMP CAFE
PO BOX 18496
AVON CO 81620-8108
License Number License Type
12-19653-0000 1960
Liability Information
44 003 005812 C 120894
Business Location
0137 BENCHMARK RD
AVON CO
Current License Expires DEC 07 , 2000
PLEASE COPY FOR
YOUR RECORDS
? This renewal reflects no changes from the last
application. Complete page 2 and file now!
? There are changes from the last application.
Complete and attach page 2 (DR 8401) and if a
corporation, DR 8177 --Corporate Report of
Changes; or if a Limited Liability Company (DR
8405). All other changes of ownership require a
transfer of ownership application. See your Local
Licensing Authority immediately.
? Delivery Pal iuit requested? Retail Liquor Stare,
Drug Store or 3.2% Beer - Combination On/Off
Premises Licenses ONLY. Check the box if you
want the permit to be issued
Application for renewal must be filed with your LOCAL
LICENSING AUTHORITY at least 45 DAYS PRIOR to the
expiration date of your current license.
Exception: Wholesaler, manufacturer, importer, and public
-transportation system license renewals do not need Local
Licensing Authority approval and must be returned directly to
---the-Colorado-Department of Revenue at least 30 days prior to
the current license expiration date.
DAYS PRIOR TO THE EXPIRATION DATE OF YOUR
LICENSE MAY RESULT IN YOUR LICENSE NOT
BEING RENEWED.
A
:: O Tti
{ .APPLICANT .: .::. .....:. ....... »::::::::::::::::•>:: >:•:•: >:::•:::
.
I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the
best of my knowled
Authorized r Date Business Phone
/0 // IL )0
title of Sign if corporation) Sa Qs ax
u ber
®?
!//` -
/Z LA16a
,'. • .. • .;• .:'• ,. •:: :::::: ::<;.;::::.::REPQ..: AN(D Af?PRQVAL-:; LICEN$INGa AiJTkiORF F>:< :::::.::.:::::
The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory
,
and we do hereby report that such license, if granted, will comply with the provisions of Title 12, Articles 46 and 47
C.R,S.
,
THEREFORE THIS APPLICATION IS APPROVED.
Local Licensing Authority for Date
? Town/City ? County
Signature Title Attest
nn PINT Mr-T A f`u
. r , ..? .... , UV NOT DETACH DO NOT DETACH
COLORADOSDEPT OF REVENUE LIQUOR OR 3.2 BEER LICENSE
1375 SHERMAN ST
DENVER CO CO 80261 RENEWAL APPLICATION - - -'
21
Business Name
CAMP CAFE LICENSE NUMBER (use for au reference)
12-19653-0000 RENEWED LICENSE EXPIRES AFTER
12-07-01
TYPE OF LICENSE ISSUED CASH FUND STATE FEE
BEER AND WINE LICENSE - CITY 85% OAP
MALT AND VINOUS LIQUORS 2320-100(999) 1960-750(999) 2180-100(999)
$ 25.00_ 1 $ 25.00 $ 276.25
ADD $75.00 TO RENEW RETAIL WAREHOUSE STORAGE
SUB-TOTAL $ 326.25
PERMIT 2210-100(999) $
TOTAL AMOUNT DUE $ _
Make check payable to: Colorado Department of Revenue
DR 8401 (0797)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1881 PIERCE ATTACHMENT TO LIQUOR OR
LAKEWOOD CO 80261
(303) 205-2300 3,2 BEER LICENSE RENEWAL APPLICATION
This page must be completed and attached to your signed renewal application form.
Failure to include this page with the application may result in your license not being renewed.
Trade Nan" Estabii ment State License Number
1 - ?0C
S C
1. Oper 'nng 1 anCager HDate of Birth
2. Do you have legal possession of the remipes f which this application for license is made? t Yes No
Are the premises owned or rented: If rented, expiration date of lease: 1J O V ?Q 0?,? ??
Has there been any change in financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain in
3 Yes No
,
detail and attach a listing of all liquor businesses in which these new lenders or owners, (other than licensed financial institutions) are El
materially interested.
4. Since the date, of filing of the last annual appijcabgn;-has the appliwt, or any of its agents, owners, managers, principals, or lenders
lanation
detailed ex
tt
h
? If Yes No
El N?r
.
p
ac
a
yes, a
(other than licensed financial institutions), been convicted of a crime
5. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders Yes No
(other than licensed financial institutions), been denied an alcoholic beverage license, had an alcoholic beverage license suspended or
attach a detailed
ked? If
es
d
d
y
,
or revo
e
revoked, or had interest in any entity that had an alcoholic beverage license denied, suspen
explanation.
6. Does the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), have a Yes No
direct or indirect interest in any other Colorado liquor license (include loans to or from any licensee, or interest in a loan to any Q
licensee)? If yes, attach a detailed explanation.
7. Sole owners or husband-wife partnerships answer this question. Since the date of filing of the last annual license application: Yes No
Has ownership changed in whole or in part, from a sole owner to any other person, partnership, corporation, or limited liability
rred to the new owner and
f
t
t b ? ?
rans
e
e
company other than the licensee listed on your state liquor license? If yes, this license mus
may not be renewed. Contact your Local Authority immediately.
8. Partnership applicants must answer this question. Since the date of filing of the last annual license application:
this license must be
? If
es
ershi
t
f
th Yes No
D El
y
p
,
n
e par
rom
(a) Are there, or have there been any general partners added to, or deleted
transferred to the new partnership and may not be renewed. Contact your Local Authority immediately.
(b) Are there, or have there been any limited partners with a 10% or more interest, added or deleted from the partnership? If yes, this ?
license must be transferred to the new partnership and may not be renewed. Contact your Local Authority immediately.
9. Corporate applicants must answer this question. Since the date of filing of the last annual license application: Yes No
(a) Are there, or have there been any officers or directors added to, or deleted from the corporation? If yes, complete and attach
DR 8177 and submit to your Local Authority immediately.
(b) Are there, or have there been any stockholders with 10% or more of the issued stock, added to, or deleted from the corporation?
l
di
t
i
i ?
y.
mme
a
e
ty
If yes, complete and attach DR 8177 and submit to your Local Author
mod
(c) Date of filing last annual corporate report with the Colorado Secretary of State:
10. Limited Liability Company applicants must answer this question. Since the date of filing of the last annual license application: Yes No
(a) Are there, or have there been any managing members added to, or deleted from the company? If yes, complete and attach a ?
DR 8177 and submit to your Local Authority immediately.
(b) Are there, or have there been any members with 10% or more membership interest, added to, or deleted from the company?
mediatel
it
i
l A
th a
y.
y
m
or
u
If yes, complete and attach DR 8177 and submit to your Loca
(c) Date of filing last annual LLCO report with the Colorado Secretary of State:
11. Bed and Breakfast applicants must answer this question and certify compliance with 12-47-118.5 C.R.S., to the state licensing
authority by initialing the following listed questions:
That it has no more than 20 sleeping rooms, and
That it provides at least 1 meal per day at no charge other than for overnight lodging, and
That it does not sell alcoholic beverages by the drink or in sealed containers, and
That it shall not serve alcoholic beverages for more than 4 hours in any one day, as follows:
MONDAY HOURS TUESDAY HOURS WEDNESDAY/HOURS THURS?Y HOURS
A FRID?Y HOURS SATURDAYgOURS SUNDAY HOURS
M
F
From: A, m. From: ? Am. From: ( M. m.
From: _
? From. M.
? M
T From: 6 M.
To: M .
roTo:
M.
To: M.
S To: M. To: m. M.
To: ? .
o:? j .
?7
AVO N
C O L O R A D O
Town of Avon
Office of the Town Clerk
Referral to Police Department
Date: October 13, 2000
Applicant: Robert Galvin
Date of Birth: 12/10/1958
SSN: 110-48-8482
has made application to the Town Clerk for:
Type of License: Beer & Wine
Name of Business: Camp Cafe, Inc.
dba Camp Cafe
Physical Location: 0137 Benchmark Road
Avon, QO 81620
Comments: Hearing
Town Clerk Signature:
for November 14, 2000.
Investigation by: ?Ce_h e- AdV-ie f Z 1-5dlC? Date: l/Z G?
Avon Police Department Investigation Comments: 42 141?- ?S 621,c- 4fl-?Ge/zy,
fG,? zlyt ?4y n z ?4.
Avon Police Department
Liquor License Applicant
Name: Robert Galvin DOB 12/10/58
Name of Business: Camp Caf6 Inc. DBA Camp Cafe
Location of Business: 0137 Benchmark Road Avon Colorado 81620
Date Received: 10/14/00
Photographs/Fingerprints: On File
Investigation by: Detective Michael R Leake #611
Date: 11/02/00
Criminal Investigation: Throughout the course of my investigation I found three police contacts with
Camp Caf6 none of the above contacts were liquor related.
Local driving history for Mr. Galvin revealed the following:
1. Driving under the influence of liquor resulting in arrest.
Comments: Background investigation conducted with no problems and or areas of concern with Camp
Cafe N C I C database not accessed on this applicant Camp Cafe has an excellent reputation of reporting
incidents and assisting investigations of the Avon Police Department.
Investigation 'lime: 2 hours.
Administration Time: lhour.
DR 81-17 (05/97) PAGE 1
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1375 SHERMAN STREET
DENVER CO 80261
(303) 205-2300
21
LIMITED LIABILITY COMPANY AND
CORPORATE REPORT OF CHANGES
Liquor and 3.2 Beer Licenses
Submit to Local Authority (Local Authority will submit to State)
(2355) ? LLC $100 PER MEMBER FOR BACKGROUND INV.
(2350) &CORPORATION $100 PER PRINCIPLE FOR BACKGROUND INV.
DO NOT WRITE IN THIS SPACE
1. Corporate/L.L.C. Name
Lash t ?d ?"d- .i-vt 2. State Tax Account Number
1 d -7 58 - 0( o)O 3. State Liquor License Number
?D - 75551 -ocx?O
4. Trade Name co W Vo t I
1 I
`(11.70 ) Number
L Address of Licensed Premises ?'v? City A- V0 V\ State0 ZIP Code
7. Mailing Address different than above
.o.o? city State ZIP Cod
8. LIST ALL officers, directors (corporation) or Managing Members (L.L.C.). Attach a certificate of designation
(good standing) and each officer, director or manager MUST FILL OUT a DR 8404-1 (Individual History Record).
Position
Held Names of ALL Officers,
Directors or Managing Members Home Address DOB Replaces
r'e I?r-4- Prt 0 wutr e+t O 4S? 2D /
vvuE k 17 x{0 lo&fM Ln CA-06bx4 C g voq 7!10
la ?t PX- D vv pVA o Zt o •y W s
9. LIST ALL 10% (or more) Stockholders or 10% (or more) Members. All 10% (or more) stockholders and members
MUST also fill out DR 8404-1 (Individual History Record).
Stockholders/Members
owning 10% or more of business %
Owned Home Address DOB Replaces
t-'t ~,re-. e- ,-s --2Ds,e-
l??f> GL--s Q.66v2
r % eA?-n L a a ba V?-e-
10. Registered Agefnt Address For Service
g
OATH OF APPLICANT
I declare under penalty of perjury in the second degree that this application and all attachments
are true, correct, and complete to the best of my knowledge.
11. Authorized re
'
A I
]?LLpt-,
Tine t?
P
Date ?G OO
1
l /
REPORT OF LOCAL LICENSING AUTHORITY
The foregoing changes have been received and examined by the Local Licensing Authority.
12. Local Licensing Authority For
County r-? TowNCity
Signature Title Date
Attest Date
DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY
LIABILITY INFORMATION
License Account Number Period Cash Fund
-100(999) TOTAL
s
STATE
/ 'c Coto
o
s„ RADO
187 ,
DEPARTMENT OF
STATE
ER=CA"TE
I, DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE OF
COLORADO HEREBY CERTIFY THAT
ACCORDING TO THE RECORDS OF THIS OFFICE
THE LOST ARMADILLO BAR AND GRILL, INC.
(COLORADO CORPORATION)'
FILE # 19921041884 WAS FILED IN THIS OFFICE ON April 23, 1992
AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE
LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD
STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS
OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE.
SECRETARY OF STATE
i - - . - . A
E
a
E
Dated: August 18, 1999
DR 8404-1(02/94)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1375 SHERMAN STREET
DENVER CO 80261
INDIVIDUAL HISTORY RECORD
To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a
partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such
corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more)
ownership interest In such company and all managers of a Hotel and Restaurant license.
NOTICE: This individual history record provides basic information which is necessaryforthe licensing authorities investigation. ALL questions
must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the
application as such falsehood within itself constitutes evidence regarding the character of the applicant.
1. Name of Business / 1) 1 D e Social Security Number(s)
2. Your FulllN%e (last, first, middle) 3. Also Known As (maiden name/nickname, etc.)
4. Mailing Adddress (if different from residence)
5. Residerfce Address (street anq number, city, state, ZIP)
Home Telephone
6. Date ofBIrtf? i" ` Place of Birth / 7. b!t. Citiz ?
Yes ? No
If Naturalized, state where When Name of U.S. Dis c Court
Naturalization Certificate Number Date of Certificate It an Alien, Give Alien's Registration Card Number Permanent Residence Card Number
8. Height Weight Hair Color E e Color Sex Race 9. Do You Have a current Driver's Li
I t 2-- r'ot. Yes ? No
10. Name of Present Employer 11. Type of Business or Employmen
c 'fit
12. Address of Business Where Employed (street number, city, state, ZIP) . Business
0 ea it a r S o >+-C
4
1115 e .4-tt L .?
13. Present Position
0 Lo w4, q 3Y
14. Marital Status 15. Name of Spouse (include maiden name if applicable) q
M a r QT',- V e h 4 o D .p
give number, & state
?:2 3--79
16. Spouse's Date of Birth Spouse's Place of Birth 1
r5
17. Spouse's residence address, if different than yours (street and number, city, staK ZIP)
18. Spouse's Present Employer Occupation
r1oA-
19. Address of Spouse's Present Employer
20• List the name(s) of all relatives working in or having a financial interest in the liquor industry.
NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER I C)rATION C)F FMPI r)VFR
21. Do you now, or have you ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer
Licensee? If yes, answer in detail
? Yes No
CONTIN"Fn nN RFVFRSF mnE
DR 8404-1 (2194) Page 2
22. Have you ever been convicted of a crime, or received a suspended sentence, deterred sentence, or forfeited ball for any offense in criminal or military court? (Do not include traffic
violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence of drugs oralcoholic beverages.) If yes,
explain in detail.
? Yes VNo
23. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in data
? Yes ?..,No
24. Military Service (branch)
To i Serial Number
Type
25. -1
List all addresses where you have lived for the past five years. (Attach separate sheet if necessary)
STREET AND NUMBER CITY, STATE, ZIP FROM TO
List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.)
NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO
r ^4 ?r... 4. n ?.T ?cSidM
V \ s -t- -A , C 6`,
27. What is your resat%hip to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager)
v G /1
28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 1
3
29. If partner, state whether 'El General ? Limited Percent of Partnership Owned If Limited Liab Company (percent owned)
30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1)
Amount $ V VV
31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names,
account numbers and the amount derived from such source. Also identify all persons authorized to sign
on, , _..-
VI Tv'` P.a. . -- ? - ,w,,,vv ...
nessr., - s Sources -Account Numbers sign on this account
$ oh
$ (all s 2y
Oath of Applicant
t declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to me oL
of my knowledge.
Authorized Signature Titie Data
t
Town of Avon
Character Investigation
Town Clerk's Office - Referral to Police Department
Date: q /I
,?? I . has made application at the Town Clerk's office for:
K-E:?'Cv'-Vt`?
Type of license
Name of business Ltq?+ A-r t Rc ?4'"
Location of business Avv-n, r
The above named person is required to fill out forms for character investigation, and to be fingerprinted and
photographed prior to the issuance of the license.
r
(1 awn Clerk's Office
Notice to Applicant
/ .
The Town of Avon, by law, has the authority to regulate liquor and pawnbroker licenses. Pursuant to that
authority, the Town conducts character investigations of owners and managers of these licensed establishments.
The Character Investigation report provides basic-information-about-the-applicant which is necessary for the
investigation. ALL questions must be answered in their entirety. Every answer you give will be checked for its
truthfulness. A deliberate falsehood will jeopardize the application, as such falsehood within itself constitutes
evidence regarding the reputation and character of the applicant.
I have read and I do understand the a tatement.
-- Oltx, 3_t? I/00
Applicant's Signature Date
Character Investigation
Page 1
25. Is your residence owned or rented if rented, from whom
26. Telephone --?? O
27. Have you ever been involved in any civil action
28. Spouse's Name
lc-(Z,_
.4-k e- n
First 10-- Middle
_ 30. Spouse's Date of Birth y .-
SS?S
Spouse's Social Security Number-5%6c/ 137
Hair Color oh d rEye Color L!Ap
Last
29. Spouse's Aliases
31. Spouse's Place of Birth V- YA -k A y 32.
33. Spouse's Height Weight
34. Spouse's Place of Employment
3 5. List name, place, date of birth and address of all children:
Full Name Place and Date of Birth Address
Al-p_
36. Number of years of school attendance 37. Diploma or degree attained ?j ,? 1J? ?_
38. Date graduated from high school _?_112?
39. Name of school from which graduated or last attended iA/ i S C iP 1
40. Address of same
41. Applicant's branch of military service (if applicable) A&$" 44
42. Term of Service -a-Y±S- 43. Type of Discharge
t??9 Qar?• :?
44. Date of separation or discharge 4" " 45. Where 46. SeMce Number
47. List all previous states resided within (including military service) o %A
LL : In o
Character Investigation
Page 3
6
W4. Liquor applicants only; will the applicant, or anyone else, conduct any business other than the sale of
alcoholic beverages on the licensed premises If so, state the business, including the full name, residence
address and date of birth of the person who is to operate it
55. If the applicant does not reside in Colorado, provide the name, residence address, and date of birth of your
authorized agent in Colorado upon whom service of process can be made in any proceedings against the
applicant pursuant to any statute, ordinance, or regulation applicable to he conduct of said business
56. Has the applicant agreed to permit any person to receive, or agreed to pay to any employee or other person
(by way of rent, salary or otherwise), all or any person or percentage of the gross or net profits or income
57, Identify by
58. Are the premises
name and residence
address, and date of birth, the manager of the concerned premises
11 f
or lease by the applicant If leased, state from whom, including full
if applicable. Provide complete d 'Is regarding the lease agreement
59. Liquor applicants only; if applicable, state in detail any form of entertainment to be offered ?y .?.
60. Do you have any direct or indirect financial interest in any other business, partnership association,
organization or corporation, which has a retail liquor license or pawnbroker license or any financial interest in a
retail liquor license or pawnbrokers license in the state of-Colorado? ' ( ) Yes ' ? o` If answer is yes, list full
details of any such interest(s)
1]
Character Investigation
Page 5
d,erived from the business to be conducted under the license applied for? If so, state complete details
"71 t ! ., 1 , . ..
1
i
Avon Police Department
Character Check
Liquor License Applicant
Name:
Date Received:
Date Forwarded:
Photographs:
Fingerprints:
Criminal History:
Character Investigation by:
Date:
Comments:
Attachments: O Yes O No
Character Investigation
Page 7
Avon Police Department
Liquor License Applicant
Name: Allan Webb Motter DOB 10/23/44
Name of Business: Coho Grill
Location of Business: 48 East Beaver Creek Blvd.
Date Received: 09/03/00
Photographs/Fingerprints: Fingerprints on file/ need photograph
Investigation by: Detective Michael R Leake #611
Date: 10/03/00
Criminal Investigation: Throughout the course of my investigation I found no arrest record for Mr. Molter
I found no Personal driving infractions or local contacts for Mr. Motter.
Local history revealed calls for service for a one-year period at Coho Grill are as follows:
is 01/27/99 Harassment
12/02/98 Vandalism
Comments: Background investigation conducted with no problems and or areas of concern with Coho
Grill. N.C.I.C. database not accessed on this applicant Coho Grill has an excellent reputation of reporting
incidents and assisting investigations of the Avon Police Department.
Investigation Time: 4 hours.
Administration Time:1 hour
11
Avon Police Department
Character Check
Liquor License Applicant
Name:
Date Received:
Date Forwarded:
Photographs:
Fingerprints:
O `MO
/1/o z lva
O/? "Or-11-,E
Criminal History:
/7v G2L?l.?? L?fU,z.Y
Character Investigation by:
f?U
Date:
Comments: G?rn S
Attachments: (} Yes O No
Character Investigation
Page 7
0 MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING
HELD OCTOBER 24, 2000
The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of
Avon, Colorado, convened at 5:17 PM in the Municipal Building, 400 Benchmark Road,
Avon, Colorado. Boardmembers of the Authority present were Chairwoman Judy Yoder,
Boardmembers Debbie Buckley, Rick Cuny, Mac McDevitt and Buz Reynolds.
Boardmembers Jim Benson and Michael Brown were absent. Also present were Town
Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks,
Town Clerk Kris Nash, Finance Director Scott Wright, Police Chief Jeff Layman,
Recreation Director Meryl Jacobs, Town Engineer Norm Wood, Community
Development Director Michael Matzko, Police Detective Mike Leake, Transportation
Director Harry Taylor, Public Works Director Bob Reed, Asst. Director of Community
Development Ruth Born, Special-Events Coordinator Sarah Lai as well as members of
the public.
Application for Renewal Hotel & Restaurant Liquor License for Flexible Too, Inc. dba
Vista.
There was no one present to represent the applicant.
is Town Clerk Nash stated everything is in order.
Town Attorney Levin stated everything is in order.
Police Detective Leake stated they have no concerns.
Boardmember Cuny motioned approval of the application for renewal Hotel &
Restaurant Liquor License for Flexible Too, Inc. dba Vista. Boardmember McDevitt
seconded the motion. The motion carried unanimously.
Application for Renewal Hotel & Restaurant Liquor License for Pazzo's West, Inc. dba
Pazzo's Pizzeria.
There was no one present to represent the applicant.
Town Clerk Nash stated everything is in order.
Town Attorney Levin stated everything is in order.
Police Detective Leake stated they have no concerns.
11
Boardmember Curly motioned approval of the application for renewal Hotel &
Restaurant Liquor License for Pazzo's West, Inc. dba Pazzo's Pizzeria. Boardmember
McDevitt seconded the motion. The motion carried unanimously.
Application for Renewal Retail Liquor Store License for Benchmark Liquors, Iric. dba
Beaver Liquors.
Boardmember Curly stated that he will step down from the Board for this application.
Mr. Rick Curly was present to represent the applicant.
Town Clerk Nash stated everything is in order.
Town Attorney Levin stated everything is in order.
Police Detective Leake stated they have no concerns.
Boardmember Buckley motioned approval of the application for renewal Retail Liquor
Store License for Benchmark Liquors, Inc. dba Beaver Liquors. Boardmember McDevitt
seconded the motion. The motion carried unanimously.
Corporate Report of Changes for Pazzo's West, Inc. dba Pazzo's Pizzeria to delete Mr.
Richard Ammer from the corporation.
There was no one present to represent the applicant.
Town Clerk Nash stated everything is in order.
Town Attorney Levin stated everything is in order.
Police Detective Leake stated they have no concerns.
Boardmember Curly motioned approval of the Corporate Report of Changes for Pazzo's
West, Inc. dba Pazzo's Pizzeria. Boardmember Buckley seconded the motion. The
motion carried unanimously.
Manager Registration for City Market, Inc.
There was no one present to represent the applicant.
Town Clerk Nash stated everything is in order.
Town Attorney Levin stated everything is in order.
Local Liquor License Authority Minutes
october 24, 2000
Police Detective Leake stated they have no concerns.
Boardmember Curly motioned approval of the Manager Registration for City Market, Inc.
Boardmember Buckley seconded the motion. The motion carried unanimously.
Approval of the Local Liquor License Authority Minutes for September 26, 2000.
Councilor Buckley motioned approval of the minutes for September 26, 2000.
Boardmember Curly seconded the motion. The motion carried unanimously.
There being no further business to come before the Board, Boardmember Curly motioned
to adjourn the meeting. Boardmember McDevitt seconded the motion. The motion
carried unanimously and the meeting adjourned at 5:20 PM.
Y SUBMITTED:
ash
LA
APPROVED:
Jim Benson
Michael Brown
Debbie Buckley
Rick Curly
Mac McDevitt
Buz Reynolds
Judy Yoder
E
Secretary for the Local
Liquor Licensing Authority
Local Liquor License Authority Minutes
October 24, 2000
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
November 14, 2000 - 5:30 PM
1. Call to Order / Roll Call
2. Citizen Input
3. Unfinished Business
Ordinances:
],V1 a.) Second Reading of Ordinance No. 00-12, Series of 2000, An Ordinance Amending
Chapter 16.08 of the Avon Municipal Code Relating to Subdivisions --PUBLIC
HEARING
Resolutions:
a.) Resolution No. 00-52, Series of 2000, A Resolution to Amend the 2000 Town of Avon
Budget
b.) Resolution No. 00-53, Series of 2000, A Resolution to Accept the Proposed Town of
Avon Long Range Capital Program and Simultaneously Adopt the Year 2001 Capital
Projects Fund Budget
c.)
r
Resolution No. 00-54, Series of 2000, A Resolution to Amend the 2000 Town of Avon
Budget
d.) Resolution No. 00-55, Series of 2000, A Resolution to Adopt the 2001 Town of Avon
Budget
e.) Resolution No. 00-56, Series of 2000, A Resolution Levying General Property Taxes for
the Year 2000, to Help Defray the Costs of Government for the Town of Avon, Colorado,
\ for the 2001 Budget Year L
f.) Resolution No. 00-57, Series of 2000, A Resolution Levying General Property Taxes for
\ the Year 2000, to Help Defray the Costs of Government for the Avon Metropolitan
District, Avon, Colorado, for the 2001 Budget Year
' '
-
4. C Consent Agenda
a.) Approval of the October 24, 2000 Council Meeting Minutes
b.) Vail Valley Foundation 2001 Sponsorship Contract
5. Othe r Business
6. Town Manager Report
7. Town Attorney Report
8. Mayor Report ?9. Farewell Comments of Outgoing Councilmember
10. Adjournment r??
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 14th DAY OF
NOVEMBER, 2000, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 00-12, SERIES OF
2000:
An Ordinance Amending Chapter 16.08 of the Avon Municipal Code Relating to Subdivisions
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 25th day of October, 2000.
TOWN OF AVON, COLORADO
BY:
X?A`Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
OCTOBER 25, 2000:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
ORDINANCE NO. 00 - 12
AN ORDINANCE AMENDING CHAPTER 16.08 OF THE AVON MUNICIPAL
CODE RELATING TO SUBDIVISIONS
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Sections 16.08.170 to 16.08.190 of the Municipal
Code of the Town of Avon are hereby amended to provide as follows:
"16.08.170 Subdivide. To "subdivide" means to make a disposition of land or
airspace which is defined in this chapter as a subdivision, subdivided land, condominium
subdivision, estate in airspace, specially planned area and/or planned unit development
subdivision, minor subdivision, duplex subdivision or time-sharing subdivision.
16.08.180 Subdivider. "Subdivider" means a person who makes a disposition of
land or airspace, which is defined in this chapter as a subdivision, subdivided land,
condominium subdivision, specially planned area and/or planned unit development
subdivision, minor subdivision, estate in airspace, duplex subdivision or time-sharing
subdivision.
16.08.190 Subdivision or subdivided land.
A. "Subdivision" or "subdivided land" means any parcel of land in the town
(including land used for condominiums, apartments or any other multiple dwelling units)
which is divided into two or more parcels, separate interest or interests in common, or
creation of an estate in airspace in the town, unless exempted under other provisions of
these regulations.
B. The terms "subdivision" and "subdivided land" as defined in subsection A of
this section shall apply to any division of land or creation of an estate in airspace. If a
tract of land which has been created or subdivided in the past is later described as a
single tract in deeds or plat by the legal or equitable owners thereof, any later
subdivisions of that tract, even if-along-the lines of the earlier subdivision, shall be
subject to the requirements of these regulations. Further, if any tract of land or airspace
has been subdivided as one type of subdivision and thereafter is subdivided so as to
create a different type of subdivision (for example, conversion of a condominium
subdivision to a time-sharing subdivision), such conversion shall be subject to the
requirements of these regulations.
C. Unless the method of disposition is adopted for the purpose of evading this
article, the terms "subdivision" and "subdivided land," as defined in subsection A of this
section shall not apply to any division of land which:
1. Is created by a lien, mortgage, deed of trust or any other security
instrument;
2. Is created by any interest in an investment entity;
3. Creates cemetery lots;
4. Creates an interest or interests in oil, gas, minerals, or water which are
now or hereafter severed from the surface ownership of real property;
5. Is created by the acquisition of an interest in land in the name of a
husband and wife or other persons in joint tenancy, or as tenants in
common of such interest. For the purpose of this paragraph, any interest
in common owned in joint tenancy shall be considered a single interest;
6. Creates a leasehold interest of less than twenty years term, and involves
no change in use or degree of use of the leasehold estate."
Section 2. Amendment. Section 16.08.215 of the Municipal Code of the
Town of Avon is added to provide as follows:
"16.08.215 Subdivision, estate in airspace. Estate in airspace subdivision means
the creation of an estate in airspace pursuant to the provisions of C.R.S. 38-32-101, et
seq."
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this day of , 2000, and a public hearing on
this Ordinance shall be held at the regular meeting of the Town Council of the Town of
Avon, Colorado on the _ day of , 2000, at 5:30 p.m., in the
Municipal Building of the Town of Avon, Colorado.
Judy Yoder, Mayor
Attest:
Kris Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this day of , 2000.
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
Judy Yoder, Mayor
3
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager bv?-
Frorm Scott Wright, Finance Director
Date: November 8, 2000
Re: Capital Project Fund Budget Revisions and Adoptions and
Acceptance of Long-range Capital Program
Summary:
The final revised Capital Projects Fund budget for 2000 and the final proposed Capital Projects Fund
2001 budget are hereby submitted for adoption by the Avon Town Council.
In addition to the adoption of the above budgets, also submitted for acceptance by the Town Council is
the long-range capital program (otherwise referred to as the 5-year plan).
Recommendation:
Staff recommends that Council adopt the revised 2000 and proposed 2001 budgets as presented, and
accept the long-range capital program as submitted.
Town Manager Comments:
?.?Guv
Attachments:
A - Resolution 00-52
B - Resolution 00-53
C - Long-range Capital Program (5-year plan)
Page 1
RESOLUTION NO. 00-52
SERIES OF 2000
A RESOLUTION TO AMEND THE 2000 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND
AMENDING THE 2000 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF
AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST
DAY OF JANUARY, 2000, AND ENDING ON THE LAST DAY OF DECEMBER,
2000.
WHEREAS, the Town Council of the Town of Avon has adopted the 2000
Capital Projects Fund budget; and
WHEREAS, the Town Council has reviewed the revised estimated revenues and
expenditures for 2000; and
WHEREAS, the Town Council finds it necessary to amend the 2000 Capital
Projects Fund budget to more accurately reflect the revenues and expenditures for 2000;
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 is revised as follows for 2000: - -
Original or
Previously
Amended
2000
Budget
Capital Projects Fund
Beginning Fund Balance $ 3,351,242
Revenues and Other Sources 1,844,093
Expenditures and Other Uses 3,009,419
Ending Fund Balance $ 2„185,916
Current
Proposed
Amended
2000
Budget
$ 3,351,242
2,436,200
2,730,154
$ 3,057,288
1
Section 2. That the Capital Projects Fund budget, as submitted, amended, and
hereinabove summarized, 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 hereby approved, amended, and
adopted shall be signed by the Town Manager and made part of the public record of the
Town.
ADOPTED this 14' day of November, 2000.
ATTEST:
Kristen Nash
Town Clerk
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
2
Capital Projects Fund #41
Final Amended Budget
Fund Summary
Original or Current
Prev. Amend. Proposed Difference
Actual Actual Budget Amendment Increase
1998 1999 2000 2000 (Decrease)
REVENUES
Taxes
$ 1,950,670
$ 2,253,373
$ 1,050,000
1,600,000
$ 550,000
Intergovernmental 607,869 200,000 670,000 620,000 (50,000)
Investment Earnings 125,804 137,801 113,093 160,200 47,107
Other Revenue 73,969 35,183 11,000 11,000
Total Operating Revenues 2,758,312 2,626,357 1,844,093 2,391,200 547,107
Other Sources:
Transfer In from Other Funds
2,059,507
250,836
-
45,000
45,000
Bond Proceeds 7,085,000 - - - -
Capital Lease Proceeds 114,000 225,954 - - -
TOTAL REVENUES 12,016,819 3,103,147 1,844,093 2,436,200 592,107
EXPENDITURES
Capital Improvements:
193
965
4
652,394
4
255,218
236,218
(19,000)
Facilities
Land and Land Improvements ,
,
128,966
150 ,
2,091
523
851 227,909
665
071
2 227,909
000
734
1 -
(337,665)
Roads and Streets 1,565,
- ,
- ,
,
185,000 ,
,
217,400 32,400
Recreation - 45,000 45,000
Stormwater and Drainage -
537
44 085
38 25,000 25,000
Strategic Planning ,
- ,
939
139 100,000 100,000 -
Communications 500
1 ,
2,250 6,000 6,000 -
Other ,
Debt Service:
Capital Lease Payments
397,321
80,605
123,416
123,416 _
Total 7,102,667 5,766,887 2,994,208 2,714,943 (279,265)
Other Uses
Bond Issuance Costs 317,621 - - -
Operating Transfer-Out to Debt Service Fund 563,570 - - -
Operating Transfer-Out to Wildridge S.I.D. 17,171 16,191 15,211 15,211
TOTAL EXPENDITURES 8,001,029 5,783,078 3,009,419 2,730,154 (279,265)
NET SOURCE (USE) OF FUNDS 4,015,790 (2,679,931) (1,165,326) (293,954) 871,372
FUND BALANCE, Beginning of Year 2,015,383 6,031,173 3,351,242 3,351,242 -
FUND BALANCE, End of Year $ 6,031,173 $ 3,351,242 $ 2,185,916 $ 3,057,288 $ 871,372
Page 1
Y
Capital Projects Fund #41
Final Amended Budget
Revenue Detail
Original or Current
Prev. Amend. Proposed Difference
Account Actual Actual Budget Amendment Increase
Number Description 1998 1999 2000 2000 (Decrease)
Taxes:
51401 Real Estate Transfer Tax $ 1,950,670 $ 2,253,373 $ 1,050,000 $ 1,600,000 $ 550,000
51000 Total Taxes 1,950,670 2,253,373 1,050,000 1,600,000 550,000
Intergovernmental:
State Grants:
53201 CDOT 89,319 - 80,000 80,000
Subtotal: State Grants 89,319 - 80,000 80,000 -
Local Government/Other Agency:
53401 Beaver Creek Metro District L 270,004
53401 Bachelor Gulch/Smith Creek 213,087
53401 Arrowhead 35,459 - _ _ _
53401 Avon Village - 200,000 390,000 390,000 -
53401 ECO (Trails Grant) - - 200,000 150,000 (50,000)
Subtotal: Local Government/Other Agency 518,550 200,000 590,000 540,000 (50,000)
53000 Total Intergovernmental 607,869 200,000 670,000 620,000 (50,000)
Investment Earnings:
57101 Interest Earnings
57000 Total'Cnvestment Earnings
Other Revenues:
58102 Utility Capital Facility Fees
58104 Fireplace Fees
58999 Miscellaneous Nonclassified Revenues
58000 Total Other Revenues
Other Sources:
59201 Transfer In from Other Funds
59301 COP and Bond Proceeds
59303 Capital Lease Proceeds
59000 Total Other Sources
50000 TOTAL REVENUES
125,804 137,801 113,093 160,200 47,107
125,804 137,801 113,093 160,200 47,107
1,696 733 2,000 2,000 -
4,500 3,000 9,000 9,000 -
67,773 31,450 - _ _
73,969 35,183 11,000 11,000 -
2,059,507 250,836 - 45,000 45,000
7,085,000 - _ _ -
114,000 225,954 - _ -
9,258,507 476,790 - 45,000 45,000
$ 12,016,819 $ 3,103,147 $ 1,844,093 $ 2,436,200 $ 592,107
Page 2
Capital Projects Fund #41
Final Amended Budget
CIP Projects Inventory
Original or Current
Prev. Amend. Proposed Difference
Account Actual Actual Budget Amendment Increase
Number Description 1998 1999 2000 2000 (Decrease)
CAPITAL IMPROVEMENT PROJECTS
11001 Facilities:
Municipal Building improvements $
363,669 $
-
444
7
$ - $
000
187
$
198
000
'
000
11
12001 Fire Station Expansion/Remodel -
472
240
4 ,
1
319
4
332 ,
68,218 ,
38,218 ,
(30,000)
13001 Swift Gulch Facility ,
, ,
,
13002 Pump House and Picnic Shelter 361,052 -
13003 Park Equipment Storage - 302,631 -
Land and Land Improvements:
Parks:
21001 Pocket Parks 128,966
- -
091
2 -
227,909
227,909 -
-
21002 Garton Property ,
Roads and Streets:
Streetscape: _
31001 Streetscape Planning 41,178
-
979
38
885,000 _
835,000
(50,000)
31002 W. Beaver Creek Blvd. - ,
- 104
000 64,000 (40,000)
31003 Wildridge Entry Sign - ,
000
195 90,000 (105,000)
31004 Nottingham Rd. Imp., 1-70 to Buck Creek - - ,
000
200 180,000 (20,000)
31005 Nottingham Rd. Imp., Buck Creek to end - ,
32001 Street Improvements:
Paving/Road Improvements
181,308
140,002
90,000
85,000
(5,000)
32002 W. Beaver Creek Blvd Railroad Crossing 51.344
32003 Chapel Square Reimbursement - 150,000 50,000 50,000 -
32004 E. Beaver Creek Blvd. improvements - - 90,000 90,000
Multi-Modal/Altemative Mobility:
34001
34002
Sidewalks
East Avon Access and Circulation
-
-
19,428
120,947
110,000
75,000 _
(35,000)
34003 "Roundabout Pedestrian Crosswalk Improvement - 134,914
10 -
292
665 -
210,000
(82,665)
34004
34005 Eagle River Bikepath
Eagle River Bikepath - Beaver Creek Blvd to Con - - ,
55,000 55,000 -
35001 r_.
Roundabouts:.,.
_._1,155,320
_
36001 Public Art Work 136,000 247,243 - "
51001 Recreation:
Nottingham Park Basketball Court
-
-
185,000
217,400
32,400
Stormwater and Drainage: 25
000 25,000
Buck Creek / 1-70 to Eagle River - - ,
000
20
20,000
Metcalf Rd. Drainage 11-70 to Eagle River - ,
Strategic Planning:
_
71001 Development Analysis and Review 20,768 34,701 -
79001
Planning and Consulting
23,769
3,384
25,000
25,000 -
Communications:
-
939
139
100,000
100,000
-
81001 800Mhz Radio System ,
91001 Other:
Fireplace Conversions
1,500
2,250
6,000
6,000
-
Total Capital Improvement Projects $ 6,705,346 $ 5,686,282 $ 2,870,792 $ 2,591,527 $ (279,265)
Page 3
RESOLUTION NO. 00-53
SERIES OF 2000
A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG
RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE YEAR 2001
CAPITAL PROJECTS FUND BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE
CAPITAL PROJECTS FUND AND ADOPTING A BUDGET FOR THE CALENDAR
YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2001, AND ENDING ON
THE LAST DAY OF DECEMBER, 2001.
WHEREAS, the Town Council of the Town of Avon has appointed the Town
Manager to prepare and submit a long-range capital program to said governing body for
its consideration; and
WHEREAS, the Town Council of the Town of Avon has also appointed the Town
Manager to prepare and submit a proposed Capital Projects Fund budget to said
governing body for its consideration; and
WHEREAS, upon due and proper notice, published and posted in accordance with
the law, said proposed budget was open for inspection by the public at a designated place.
A public hearing was held on October 24, 2000, and interested taxpayers were given the
opportunity to file or register any comment to said proposed budget; and
WHEREAS, whatever increases may have been made in the expenditures, like
increase were added to the revenues so that the Capital Projects Fund 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 the long-range capital program as submitted to the Town Council
is hereby accepted as an official Town document and planning tool, and that the
information contained therein may be revised or extended each year with regard to capital
improvements.
Section 2. That estimated revenues and expenditures for the Capital Projects
Fund are as follows for 2001:
2001
Proposed
Budget
Capital Projects Fund
288
057
$ 3
Beginning Fund Balance ,
,
054
540
3
Revenues and Other Sources ,
,
810
4
496
Expenditures and Other Uses ,
,
Ending Fund Balance $ 2,100,532
Section 3. That the budget, as submitted, and hereinabove summarized, hereby is
approved and adopted as the Capital Projects Fund budget of the Town of Avon for the
year stated above.
Section 4. That the Capital Projects Fund budget hereby approved and adopted
shall be signed by the Mayor and made part of the public record of the Town.
ADOPTED this 14'hday of November, 2000.
TOWN OF AVON, COLORADO
Judy Yoder
Mayor
ATTEST:
Kristen Nash
Town Clerk
2
MUNICIPAL SERVICES
Capital Projects Fund #41
Fund Summary
Original or Final
Prev. Amend. Revised Proposed
Actual Budget Budget Budget
1999 2000 2000 2001
REVENUES
Taxes $ 2,253,373 $ 1,050,000 $ 1,600,000 $ 1,300,000
Intergovernmental 200,000 670,000 620,000 1,600,168
Investment Earnings 137,801 113,093 160,200 128,886
Other Revenue 35,183 11,000 11,000 11,000
Total Operating Revenues 2,626,357 1,844,093 2,391,200 3,040,054
Other Sources:
Transfer In from Other Funds 250,836 - 45,000 500,000
Bond Proceeds - - - -
Capital Lease Proceeds 225,954 - - -
TOTAL REVENUES 3,103,147 1,844,093 2,436,200 3,540,054
EXPENDITURES
Capital Improvements:
Facilities 4,652,394 255,218 236,218 350,000
Land and Land Improvements 2,091 227,909 227,909 -
Roads and Streets 851,523 2,071,665 1,734,000 3,478,868
Recreation - 185,000 217,400 -
Stormwater and Drainage - - 45,000 500,000
Strategic Planning 38,085 25,000 25,000 25,000
Communications 139,939 100,000 100,000 -
Other 2,250 6,000 6,000 6,000
Debt Service:
Capital Lease Payments 80,605 123,416 123,416 122,711
Total 5,766,887 2,994,208 2,714,943 4,482,579
Other Uses
Operating Transfer-Out to Wildridge S.I.D. 16,191 15,211 15,211 14,231
TOTAL EXPENDITURES 5,783,078 3,009,419 2,730,154 4,496,810
NET SOURCE (USE) OF FUNDS (2,679,931) (1,165,326) (293,954) (956,756)
FUND BALANCE, Beginning of Year 6,031,173 3,351,242 3,351,242 3,057,288
FUND BALANCE, End of Year $ 3,351,242 $ 2,185,916 $ 3,057,288 $ 2,100,532
Page 1
MUNICIPAL SERVICES
Capital Projects Fund #41
Revenue Detail
Original or Final
Prev. Amend. Revised Proposed
Actual Budget Budget Budget
Account
Number Description 1999 2000 2000 2001
Taxes:
51401 Real Estate Transfer Tax $ 2,253,373
$ 1,050,000 $
1,600,000
$ 1,300,000
51000 Total Taxes 2,253,373 1,050,000 1,600,000 1,300,000
Intergovernmental:
State Grants:
CDOT - 80,000 80,000
53201 -
Subtotal: State Grants - 80,000 80,000
Local Government/Other Agency:
000
- 200
150,000
455,100
53401 Eagle County RTA (Trails Grant) ,
000 390,000
200 390,000 1,095,068
53401 Village at (Avon) ,
- - 50,000
53401 Eaglebend Housing Authority -
Subtotal: Local Government/Other Agency 200,000 590,000 540,000 1,600,168
53000 Total Intergovernmental 200,000 670,000 620,000 1,600,168
Investment Earnings:
137,801 113,093 160,200 128,886
57101 Interest Earnings
57000 Total Investment Earnings 137,801 113,093 160,200 128,886
Other Revenues:
000 2,000 2,000
733 2
58102 Utility Capital Facility Fees ,
000 9,000 9,000 9,000
3
58104 Fireplace Fees ,
-
58999 Miscellaneous Nonclassified Revenues 31,450 - -
58000 Total Other Revenues 35,183 11,000 11,000 11,000
Other Sources:
59201 Transfer In from Other Funds 250,836 - 45,000 500,000
59301 COP and Bond Proceeds - - _
59303 Capital Lease Proceeds 225,954
59000 Total Other Sources 476,790 - 45,000 500,000
50000 TOTAL REVENUES $ 3,103,147 $ 1,844,093 $ 2,436,200 $ 3,540,054
Page 2
MUNICIPAL SERVICES
Capital Projects Fund #41
CIP Projects Inventory
Original or Final
Prev. Amend. Revised Proposed
Account Actual Budget Budget Budget
Number Description 1999 2000 2000 2001
CAPITAL IMPROVEMENT PROJECTS
Facilities:
12001 Fire Station Expansion/Remodel $ 17,444 $ 187,000 $ 198,000 $ -
13001 Swift Gulch Facility 4,332,319 68,218 38,218 -
13003 Park Equipment Storage 302,631 - - -
Information Center / 1-70 - - - 100,000
Recreation Center Refurbishment - - - 250,000
Land and Land Improvements:
Parks:
21002 Garton Property 2,091 227,909 227,909 -
Roads and Streets:
Streetscape:
31002 W. Beaver Creek Blvd. 38,979 885,000 835,000 -
31003 Wildridge Entry Sign - 104,000 64,000 -
Eaglebend Dr. - - - 350,000
Eaglebend Entry Sign - - - 35,000
31004 Nottingham Rd. Imp. / 1-70 to Buck Creek - 195,000 90,000 865,000
31005 Nottingham Rd. Imp. / Buck Creek to Metcalf Rd. - 200,000 180,000 -
Street Improvements:
32001 Paving/Road Improvements 140,002 90,000 85,000 100,000
32003 Chapel Square Reimbursement 150,000 50,000 50,000
32004 E. Beaver Creek Blvd. Improvements - 90,000 90,000 895,068
Multi-Modal/Alternative Mobility:
34001 Sidewalks 19,428 - -
34002 East Avon Access and Circulation 120,947 110,000 75,000 -
34003 Roundabout Pedestrian Crosswalk Improvements 134,914 - - -
34004 Eagle River Bikepath 10 292,665. 210,000 182,000
34005 Eagle River Bikepath - Beaver Creek Blvd to Conf. - 55,000 55,000 441,800
Nottingham Road / 1-70 bikepath - - 610,000
36001 Public Art Work 247,243 - - -
Recreation:
51001 Nottingham Park Basketball Court - 185,000 217,400 -
Stormwater and Drainage:
Buck Creek/ 1-70 to Eagle River - - 25,000 400,000
Metcalf Rd. Drainage / 1-70 to Eagle River - - 20,000 100,000
Strategic Planning:
71001 Development Analysis and Review 34,701 - - -
79001 Planning and Consulting 3,384 25,000 25,000 25,000
Communications:
81001 800Mhz Radio System 139,939 100,000 100,000 -
Other:
91001 Fireplace Conversions 2,250 6,000 6,000 6,000
Total Capital Improvement Projects $ 5,686,282 $ 2,870,792 $ 2,591,527 $ 4,359,868
Page 3
TOWN OF AVON
CAPITAL PROJECTS FUND 5-YEAR PLAN
REVENUES
Real Estate Transfer Tax
Interest Earnings
Intergovernmental
State of Colorado OEC Grant
State of Colorado CDOT Grant
CDOT / FHWA Transportation Center Grant
Eagle County RTA (Trails Grant)
Beaver Creek
Bachelor Gulch/Smith Creek
Arrowhead
Village at (Avon) (Roundabout Reimbursement)
Village at (Avon) (Chapel Square Rd.)
Village at (Avon) (E. Beaver Cr. Blvd. Right-of-Way)
Eagiebend Housing Authority
Confluence Metro District (Fire Station Remodel)
Confluence Metro District (Town Center Mall)
Utility Capital Facility Fees
Fireplace Fees
Other:
Chapel Square - Benchmark Rd.
Miscellaneous
Budget
Projected
Proposed
Actual As Amended
Year-end
Budget
1999 2000 !
2000
2001
$ 2,253,373 $ 1,050,000 $ 1,600,000 $ 1,300,000 $
137,801
113,093
160,200
128,886
-
80,000
80,000
-
-
200,000
150,000
455,100
200,000
200,000
200,000
200,000
-
100,000
100,000
-
-
90,000
90,000
895,068
50,000
733
2,000
2,000
2,000
3,000
9,000
9,000
9,000
i
1,300,000 $
74,649
200,000
160,000
2,000
9,000
1,300,000 $ 1,300,000 $ 1,300,000 $ 1,300,000
28,359 33,574 53,363 -
Total Operating Revenues
Other Sources:
Transfers in from Other Funds
Transfer in from Water Fund
Proceeds from Water Fund Loan
Capital Lease Proceeds
Total Revenues and Sources of Funds
640,000
960,000 - '
200,000
200,000 200,000 200,000
_
_ - 1,500,000
2,000
2,000 2,000 -
9,000
9,000 9,000 -
50,000
31,450 - - -
2,626,357 1,844,093! 2,391,200 3,040,054 1,745,649 2,229,359 2,504,574 1,564,363 3,000,000
250,836
- 45,000 500,000 635,000 465,000 - -
250,000
225,954 - - - - - - -
$ 3,103,147 $ 1,844,093 $ 2,436,200 $ 3,540,054 $ 2,380,649 $ 2,944,359 $ 2,504,574 $ 1,564,363 $ 3,000,000
Page 1
EXPENDITURES
Capital Improvements:
Facilities
Land and Land Improvements
Storm Drainage
Roads and Streets
Recreation
Strategic Planning
Communications
Other
Debt Service:
Capital Lease Payments
Water Fund Loan:
Principal
Interest
Total Expenditures
Other Uses:
Bond Issuance Costs
Operating Transfer Out to Debt Service
Operating Transfer Out to Special Assess
Total Expenditures and Uses of Funds
Net Source (Use) of Funds
Fund Balance, Beginning of Year
Fund Balance, End of Year
TOWN OF AVON
CAPITAL PROJECTS FUND 5-YEAR PLAN
Budget
Actual
As Amended?
1999
i 2000
$ 4,652,394
$ 255,218 $
2,091
227,909
851,523
2,071,665
-
185,000
38,085
25,000
139,939
100,000
2,250
6,000
80,605 123,416
Projected Proposed
Year-end Budget
2000 2001
236,218
$ 350,000
$ -
$ 20,000
$ - $ - $ 11,275,000
227,909
-
- - 550,000
45,000
500,000
635,000
465,000
- - _
1,734,000
3,478,868
2,870,800
3,056,158
1,613,000 1,552,000 2,060,000
217,400
-
-
_
25,000
25,000
25,000
25,000
25,000 25,000 25,000
100,000
-
-
_
6,000
6,000
6,000
6,000
6,000 6,000 6,000
123,416
122,711
41,071
-
- _
-
-
-
-
-
250,000
15,000
-
-
-
-
5,766,887
2,994,208
2,714,943
4,482,579
3,577,871
3,572,158
1,644,000
1,583,000
13,916,000
16,191
15,211
15,211
14,231
13,251
12,271
11,291
10,311
9,331
5,783,078
3,009,419
2,730,154
4,496,810
3,591,122
3,584,429
1,655,291
1,593,311
13,925,331
(2,679,931)
6,031,173
(1,165,326)
3,351,242
(293,954)
3,351,242
(956,756)
3,057,288
(1,210,473)
2,100,532
(640,070)
890,059
849,283
249,989
(28,948)
1,099,272
(10,925,331)
1,070,324
$ 3,351,242
$ 2,185,916 $
3,057,288 $
2,100,532 $
890,059 $
249,989 $
1,099,272 $
1,070,324
$ (9,855,007)
Page 2
CAPITAL IMPROVEMENT PROJECTS
Facilities
Municipal Building Improvements
Fire Station Expansion/Remodel
Swift Gulch Facility
Pump House and Picnic Shelter
Park Equipment Storage
Information Center / 1-70
Information Kiosks - Town Center
Recreation Center - Refurbish
Town Center Mail Improvements
Municipal Government Space Needs Analysis
Municipal Parking Facilities
Public Works - Equipment Storage & Shop Space
Public Works - Administration Building
Recreation Center - Phase II Expansion
Wildridge Pavilion
Land and Land Improvements
Parks:
Garton Property
Wildridge Park Improvements & Playground
Wildridge Pocket Park - New Block 5
Wiidridge Pocket Park - New Block 3 or 4
Roads and Streets
Streetscape:
W. Beaver Creek Blvd.
Wildridge Entry Sign
Eaglebend Dr.
Eaglebend Entry Sign
Nottingham Rd. Imp., 1-70 to Buck Creek
Nottingham Rd. Imp., Buck Creek to Metcalf Road
Street Improvements:
Paving/Road Improvements
Chapel Square Reimbursement
E. Beaver Creek Blvd Improvements
TOWN OF AVON
CAPITAL PROJECTS INVENTORY 5-YEAR PLAN
Budget
Estimated
Proposed
Actual As Amended
Year-end
Budget
1999 2000
2000
2001
17,444 187,000 198,000 -
4,332,319 68,218 38,218
302,631 - -
100,000
250,000
20,000 -
2,000,000
- 25,000
- - 3,000,000
- 750,000
- - 1,500,000
- 3,500,000
500,000
2,091 227,909 227,909
150,000
150,000
250,000
38,979 885,000
835,000
- - _ "
- 104,000
64,000
-
_ _
-
350,000
_ -
-
35,000
195,000
90,000
865,000 1,920,800 - - "
- 200,000
180,000
- - - 168,000 1,347,000 -
140,002 90,000
85,000
100,000 200,000 200,000 205,000 205,000 210,000
150,000 50,000
50,000
- - _ "
-
- 90,000
90,000
895,068 - -
Page 3
TOWN OF AVON
CAPITAL PROJECTS INVENTORY 5-YEAR PLAN
Budget
Estimated
Proposed
Actual
As Amended
Year-end
Budget
1999
2000
2000
2001
Street Improvements (Continued):
W. Beaver Creek Blvd. RR Crossing
Metcalf Road Improvements
-
-
-
-
1,000,000
Multi-Modal/Altemative Mobility
Sidewalks
19,428
€ -
_
_
-
_
East Avon Access and Circulation
120,947
110,000
75,000
-
750,000
2,046,158 -
Roundabout Pedestrian Crossings #1, #2, & #5
-
-
_
Roundabout Pedestrian Crosswalk Improvements
134,914
-
_
_
-
- _ _
Eagle River Bikepath
10
292,665
210,000
182,000
-
-
- _ - -
Eagle River Bikepath - Beaver Creek Blvd. To Conflu
-
55,000
55,000
441,800
-
- _ _ _
Nottingham Road / 1-70 Bikepath
-
-
610,000
-
- _ _ -
WiIdridge - Emergency / Bike Access
-
-
-
Wiidridge - Traffic Calming & Pedestrian Circulation
-
-
-
-
-
-
-
- - - 850,000
10,000 40,000 - -
Transportation Center
-
-
-
-
800,000 1,200,000 - -
Public Art Work
247,243
-
- -
Recreation
Nottingham Park Basketball Courts:
-
185,000
217,400
-
-
- _
Stormwater & Drainage
Metcalf Road Drainage
-
-
-
-
35,000
465,000
Buck Creek / 1-70 to Eagle River
-
-
25,000
400,000
-
-
Metcalf Drainage 1-70 to Eagle River
-
20,000
100,000
600,000
Strategic Planning
Development Analysis and Review
34,701
-
- _ - _ _ _
Planning and Consulting
3,384
25,000
25,000 25,000 25,000 25,000 25,000 25,000 25,000
Communications
800 MHz Radio System
139,939
100,000
100,000 - - _ _ - -
Other
Fireplace Conversions
2,250
6,000
6,000 6,000 6,000 6,000 6,000 6,000 6,000
Total Capital Improvement Projects
$ 5,686,282 $
2,870,792 $
2 591 527 $ 4 359 868 $ 3 536 800 $ 3 572 158 It 1 644 000 $ 1 583 000 0 13,916,000
Page 4
i
rtl, emo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Scott Wright, Finance Director;
Date: November 9, 2000
Re: Adoption of 2001 Budget
Summary:
The final revised budget for 2000 and the final proposed 2001 budget are hereby submitted for
adoption by the Avon Town Council.
Final Revised 2000 Budget
The final revised budget for 2000 for the General Fund was increased by $25,000 due to the funding of
the Charles Dickens Holiday Faire. In addition, the bond reserve for Sherwood Meadows was moved
from the Sherwood Meadows Enterprise Fund to the Town of Avon Finance Authority Fund. This was
an accounting correction and does not affect overall fund balances.
Proposed 2001 Budget
The following changes were made to the original proposed budget as submitted to the Town Council
on October 10, 2000:
• Added one (1) additional police officer- ($60,645)
• Increased non-resident recreation center admission fees by 10-15% - ($80,000)
• Revised Finance and Information Systems budget for Pentamation software vs. original
proposal by HTE - ($122,946)
• Deleted Capital Lease financing for software ($260,712)
• Increased Fleet Maintenance labor hour rates - ($68,783)
• Increase amount of interest earnings for the Water Fund - ($70,000)
Recommendation:
Staff recommends that Council adopt the resolutions discussed above as presented.
Page 1
Town Manager Comments:
r
Attachments:
A - Resolution 00-54
B - Resolution 00-55
• Page 2
RESOLUTION NO. 00-54
SERIES OF 2000
A RESOLUTION TO AMEND THE 2000 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2000 BUDGET FOR THE TOWN OF AVON,
COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF
JANUARY, 2000, AND ENDING ON THE LAST DAY OF DECEMBER, 2000.
WHEREAS, the Town Council of the Town of Avon has adopted the 2000
budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for 2000; and
WHEREAS, the Town Council finds it necessary to amend the 2000 budget to
more accurately reflect the revenues and expenditures for 2000; 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 following fund is as
follows for 2000:
Original or Current
Previously Proposed
Amended Amended
2000 2000
Budget Budget
General Fund
Beginning Fund Balance $ 4,849,928 $ 4,849,928
Revenues and Other Sources 9,976,105 9,874,697
Expenditures and Other Uses 10,250,523 10,204,033
Ending Fund Balance $ 4,575,510 $ 4,520,592
I
M
Mall Maintenance Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Fire Operations Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Employee Housing Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Water Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Original or
Previously
Amended
2000
Budget
$ 15,047
68,491
82,649
Current
Proposed
Amended
2000
Budget
$ 35,791
68,491
82,649
$ 889 $ 21,633
Original or
Previously
Amended
2000
Budget
$ 38,772
2,829,040
2,829,040
Current
Proposed
Amended
2000
Budget
$ 38,772
2,790,268
2,829,040
$ 38,772
Original or
Previously
Amended
2000
Budget
$ 0
66,120
66,120
$ 0
Original or
Previously
Amended
2000
Budget
$ 1,712,204
348,870
162,527
$ 1,898,547
$ 0
Current
Proposed
Amended
2000
Budget
$ 4,899
68,925
70,675
$ 3,149
Current
Proposed
Amended
2000
Budget
$ 1,736,038
506,500
214,752
$ 2,027,786
2
Debt Service Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Wildridge Special Improvement District Fund
Beginning Fund Balance $
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Finance AuthoritX Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Transit Enterprise Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Original or
Previously
Amended
2000
Budget
$ 123,762
1,173,994
1,273,994
Current
Proposed
Amended
2000
Budget
$ 147,501
1,173,994
1,273,994
$ 23,762 $ 47,501
Original or Current
Previously Proposed
Amended Amended
2000 2000
Budget Budget
22,961 $ 43,578
74,211 76,211
94,500 88,700
$ 2,672 $ 31,089
Original or Current
Previously Proposed
- Amended Amended
2000 2000
Budget Budget
$ 563,570 $ 571,109
564,570 799,833
564,570 600,910
$ 563,570 $ 770,032
Original or Current
Previously Proposed
Amended Amended
2000 2000
Budget Budget
$ 94,482 $ 248,874
3,297,856 3,714,380
3,297,856 3,714,380
$ 94,482 $ 248,874
3
I
Sherwood Meadows Enterprise Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Fleet Maintenance Internal Service Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Original or
Previously
Amended
2000
Budget
$ 0
2,389,350
2,206,276
$ 183,074
Original or
Previously
Amended
2000
Budget
$ (19,535)
1,640,036
1,547,485
$ 73,016
Original or
Previously
Amended
2000
Budget
Equipment Replacement Internal Service
Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
$ 96,884
563,894
274,300
$ 386,478
Current
Proposed
Amended
2000
Budget
$ 0
2,417,036
2,417,036
$ 0
Current
Proposed
Amended
2000
Budget
$ (119,123)
1,804,694
1,770,924
$ (85,353)
Current
Proposed
Amended
2000
Budget
$ 138,459
565,094
274,300
$ 429,253
Section 2. That the budget, as submitted, amended, and hereinabove summarized
by fund, hereby is approved and adopted as the budget of the Town of Avon for the year
stated above.
Section 3. That the budget hereby approved and adopted shall be signed by the
Mayor and made part of the public record of the Town.
4
ADOPTED this 14' day of November, 2000.
ATTEST:
Kristen Nash
Town Clerk
TOWN OF AVON, COLORADO
Judy Yoder
Mayor
5
RESOLUTION NO. 00-55
SERIES OF 2000
A RESOLUTION TO ADOPT THE 2001 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR
EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON,
COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF
JANUARY, 2001, AND ENDING ON THE LAST DAY OF DECEMBER, 2001.
WHEREAS, the Town Council of the Town of Avon has appointed the Town
Manager to prepare and submit a proposed budget to said governing body on October 10,
2000, for its consideration; and
WHEREAS, upon due and proper notice, published and posted in accordance with
the law, said proposed budget was open for inspection by the public at a designated place.
A public hearing was held on October 24, 2000, and interested taxpayers were given the
opportunity to file or register any comment to said proposed budget; and
WHEREAS, whatever increases may have been made in the expenditures, like
increase 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 each fund are as follows
for 2001:
2001 2001
Proposed Adopted
Budget Budget
General Fund
Beginning Fund Balance $ 4,545,592 $ 4,520,592
Revenues and Other Sources 10,221,023 10,040,311
Expenditures and Other Uses 10,600,682 10,538,381
Ending Fund Balance $ 4,165,933 $ 4,022,522
1
d
Mall Maintenance Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Employee Housing Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Water Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
2001
Proposed
Budget
$ 21,633
69,662
90,917
$ 378
2001
Proposed
Budget
$ 3,149
39,180
39,180
$ 3,149
2001
Proposed
Budget
$ 2,027,786
583,500
576,920
$ 2,034,366
2001
Proposed
Budget
Debt Service Fund
Beginning Fund Balance $ 47,501
Revenues and Other Sources 1,273,994
Expenditures and Other Uses 1,273,994
Ending Fund Balance $ 47,501
2001
Adopted
Budget
$ 21,633
69,662
90,917
$ 378
2001
Adopted
Budget
$ 3,149
39,180
39,180
$ 3,149
2001
Adopted
Budget
$ 2,027,786
653,500
576.920
$ 2,104,366
2001
Adopted
Budget
$ 47,501
1,273,876
1,273,876
$ 47,501
2
I
Wildridge Special Assessment Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Avon Metropolitan District Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Finance Authority Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Transit Enterprise Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
3
2001
Proposed
Budget
$ 31,089
56,231
57,500
$ 29,820
2001
Proposed
Budget
$ 31,892
567,872
567,872
$ 31,892
2001
Proposed
Budget
$ 571,109
561,730
561,730
$ 571,109
2001
Proposed
Budget
$ 248,874
3,263,005
3,263,005
$ 248,874
2001
Adopted
Budget
$ 31,089
56,231
57,500
$ 29,820
2001
Adopted
Budget
$ 31,892
567,815
567,871
$ 31,836
2001
Adopted
Budget
$ 770,032
755,352
755,352
$ 770,032
2001
Adopted
Budget
$ 248,874
3,263,005
3,263,005
$ 248,874
r
1
2001 2001
Proposed Adopted
Budget Budget
Sherwood Meadows Enterprise Fund
Beginning Fund Balance $ 198,923 $ 0
Revenues and Other Sources 287,604 287,604
Expenditures and Other Uses 287,604 287,604
Ending Fund Balance $ 198,923 $ 0
2001 2001
Proposed Adopted
Budget Budget
Fleet Maintenance Internal Service Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Eauip. Replacement Internal Service Fund
Beginning Fund Balance
-revenues and-Other Sources
Expenditures and Other Uses
Ending Fund Balance
$ (85,353)
1,708,461
1,578,685
$ (85,353)
1,777,244
1,578,685
$ 44,423 $ 113,206
2001
Proposed
Budget
$ 429,253
553,523
278,050
2001
Adopted
Budget
$ 429,253
553,523
278,050
$ 704,726
$ 704,726
Section 2. That the budget, as submitted, amended, and hereinabove summarized
by fund, hereby is approved and adopted as the budget of the Town of Avon for the year
stated above.
Section 3. That the budget hereby approved and adopted shall be signed by the
Mayor and made part of the public record of the Town.
ADOPTED this 14`' day of November, 2000.
4
F
TOWN OF AVON, COLORADO
Judy Yoder
Mayor
ATTEST:
Kris Nash
Town Clerk
5
RESOLUTION NO. 00-56
SERIES OF 2000
A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE
YEAR 2000, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN
OF AVON, COLORADO, FOR THE 2001 BUDGET YEAR
WHEREAS, the Town Council of the Town of Avon has adopted the annual
budget-in accordance with-the Local-Government -Budget Law on November 14, 2000;
and
WHEREAS, the amount of money necessary to balance the budget for general
operating purposes from property tax revenue is $1,074,921; and
WHEREAS, the amount of money to balance the budget for bonds and interest is
$783,986; and
WHEREAS, the 2000 valuation for assessment for the Town of Avon, as certified
by the County Assessor is $120,022,430.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. That for the purpose of meeting all general operating expenses of the
Town of Avon during the 2001 budget year there is levied a tax of 8.956 mills upon each
dollar of the total valuation for assessment of all taxable property within the Town of
Avon for the year 2000.
Section 2. That for the purpose of meeting all bonds and interest of the Town of
Avon during the 2001 budget year there is levied a tax of 6.532 mills upon each dollar of
the total valuation for assessment of all taxable property within the Town of Avon for the
year 2000.
Section 3. That the Mayor is hereby authorized and directed to immediately
certify to the County Commissioners of Eagle County, Colorado, the mill levies for the
Town of Avon as hereinabove determined and set.
ADOPTED this 14`b day of November, 2000.
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kristen Nash,-Town Clerk
CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments
TO: County Commissioners Of Eagl e County, Colorado. The Town Council
(governing board)
of the Town of Avon hereby certifies the following mill levies to be extended upon the
(local government)
GROSS assessed valuation of $ 120, 022, 430 Submitted this date: November 15, 2000
PURPOSE LEVY REVENUE
1. General operating expenses [This includes R _ g 9 h mills $-1.074.921
fire pension, if applicable.] ,
2. (MINUS) Temporary property tax credit/ )mills $( )
Temporary mill levy rate reduction
39-1-111.5, C.R.S.
AF-J E_- DIT-DflES.NOT -A"LY-T@theG _ _-
_ _ yam,- _INDfiCANE-MERE
-T4]E=vE-Y-TO -NA4iIC- H-`- -HE-C-RE-Di--T-APPLIES:
SUBTOTAL g Q56 mills $ i ' 74.Q?1
3. General obligation bonds and interest [Special Districts ,
must certify separately for each debt pursuant to 32-1-1603,C.R.S.; see
back of this form] r, _ 5 -12 mills 78--3, gm-
4. Contractual obligations approved at election mills $
5. Capital expenditures [These revenues are not subject to the mills
statutory property tax revenue limit if they are approved by counties and
municipalities through public hearing pursuant to 29-1-301(1.2)C.R.S. and
for special districts through approval from the Division of Local Government
pursuant to 29-1-302(1.5)C.R.S. or for any entity if approved at election.]
6. Refunds/Abatements
7. Other (specify):
[ These revenues are for purposes not indicated above in #1 through #6
and are not subject to the statutory property tax revenue limit.]
TOTAL
mills
mills
15,488 mills
$ 1,858,907
NOTE: Certification must be carried to three decimal places only.
- NOTE:- Ifyou-certify t -Or"hari one county, you_mvst ceifily the same levy _to.each county.
NOTE: If your boundaries extend into more than one county, please list all counties here:
Contact person: -c? t t Wr i gh t
Signed:
Daytime phone: ( q 7 n ) 7 g R A 4 (l S 5
Title Mayor
Send two completed copy ofthis form to the Division ofLocal Government, Room 521,1313 Sherman Street, Denver,
Colorado 80203, (303) 866-2156.
Page 1 of 2
FORM DLG 70 (rev. 6/00)
Y?
RESOLUTION NO. 00-57
SERIES OF 2000
A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE
YEAR 2000, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE AVON
METROPOLITAN DISTRICT, AVON, COLORADO, FOR THE 2001 BUDGET
YEAR
WHEREAS, an Agreement for Dissolution of the Avon Metropolitan District was
executed and a petition filed by the District with the District Court of Eagle County and
the District was effectively dissolved on May 31, 1998; and
WHEREAS, pursuant to the Agreement, the District shall continue in existence as
a political subdivision of the State for the sole purpose of securing payment in full of the
principal and interest of existing indebtedness; and
WHEREAS, pursuant to the Agreement, the Town Council was appointed as the
District Board of Directors and shall set mill levies as necessary in order to pay in full the
costs of annual payments on the outstanding indebtedness; and
WHEREAS, the Town Council of the Town of Avon has adopted the annual
budget of the Town of Avon including the Avon Metropolitan District Debt Service Fund
in accordance with the Local Government Budget Law on November 14, 2000; and
WHEREAS, the amount of money to balance the Avon Metropolitan District
Fund budget for bonds and interest is $566,815; and
WHEREAS, the 2000 valuation for assessment for the Avon Metropolitan District
as certified by the County Assessor is $116,700,700.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. That for the purpose of meeting all bonds and interest of the Town of
Avon during the 2001 budget year there is levied a tax of 4.857 mills upon each dollar of
the total valuation for assessment of all taxable property within the Avon Metropolitan
District for the year 2000.
Section 2. That the Mayor is hereby authorized and directed to immediately
certify to the County Commissioners of Eagle County, Colorado, the mill levies for the
Avon Metropolitan District as hereinabove determined and set.
ADOPTED this 14'b day of November, 2000.
ATTEST:
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
Kristen Nash, Town Clerk
CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments
TO: County Commissioners of_Fag1 P County, Colorado. The Board of Directors
(governing board)
of the Avon Metropolitan Dist .hereby certifies the following mill levies to be extended upon the
(local government)
GROSS assessed valuation of $ t 1 6, 7on, loo Submitted this date: November 15, 2000
PURPOSE LEVY REVENUE
1. General operating expenses [This includes mills $
fire pension, if applicable.] ,
2. (MINUS) Temporary property tax credit/ ( )mills $( )
Temporary mill levy rate reduction
39-1-111.5, C.R.S.
IF THE CREDIT DOES NOT APPLY TO the General Operating Expenses levy PLEASE INDICATE HERE
THE LEVY TO WHICH THE CREDIT APPLIES:
SUBTOTAL mills $
3. General obligation bonds and interest [Special Districts
must certify separately for each debt pursuant to 32-1-1603,C.R.S.; see
back of this form] 4,857 mills $ 5 6 6.8 1 5
4. Contractual obligations approved at election mills $
5. Capital expenditures [These revenues are not subject to the mills
statutory property tax revenue limit if they are approved by counties and
municipalities through public hearing pursuant to 29-1-301(1.2)C.R.S. and
for special districts through approval from the Division of Local Government
pursuant to 29-1-302(1.5)C.R.S. or for any entity if Uproved at election.]
6. Refunds/Abatements mills
7. Other (specify): mills $
[ These revenues are for purposes not indicated above in #1 through #6
and are not subject to the statutory property tax revenue limit.]
TOTAL 4.857 mills $ 566,815
NOTE: Certification must be carried to three decimal places only.
NOTE: If you certify to more than one county, you must certify the same levy to each county.
NOTE: If your boundaries extend into more than one county, please list all counties here:
Contactperson: Srnt.t. wri ghf.
Signed:
Daytime phone: ( 9 7 0) 7 4 8- 4 0 5 5
Title PrPSI rlPnt-
Send two completed copy of this form to the Division ofLocal Government, Room 521,1313 Sherman Street, Denver,
Colorado 80203, (303) 866-2156.
Page 1 of 2
FORM DLG 70 (rev. 6/00)
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD OCTOBER 24, 2000
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building,
400 Benchmark Road, Avon, Colorado in the Council Chambers.
The meeting was called to order by Mayor Judy Yoder at 5:30 PM. A roll call was taken
with Councilors Debbie Buckley, Rick Curly, Mac McDevitt and Mayor Protem Buz
Reynolds present. Councilors Jim Benson and Michael Brown were absent. Also present
were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager
Larry _Brooks, -Town Clerk Kris Nash, Finance Director Scott _Wright, Police Chief Jeff
Layman, Recreation Director Meryl Jacobs, Town Engineer Norm Wood, Public Works
Director Bob Reed, Transportation Director Harry Taylor, Community Development
Director Michael Matzko, Assistant Director of Community Development Ruth Borne,
Special Events Coordinator Sarah Lai as well as members of the public.
Citizen Input:
Haunting and Recreation Center Closing Update
Special Events Coordinator Sarah Lai stated The Haunting will take place in the
Recreation Center on Saturday, October 28, 6:30 PM - 8:30 PM. She also stated that the
Recreation Center will be closed Thursday, October 26 through Sunday, October 29 for
The Haunting and fall maintenance.
Citizen Input:
Barbara Andrews Events, Inc.
Ms. Barbara Andrews stated that she is an event producer in the valley who is producing
a holiday festival called The First Annual Charles Dickens Christmas Fair in Beaver
Creek this holiday season. She stated that all proceeds from the event go to the literary
programs in the Eagle County schools. Ms. Andrews stated that she is requesting
sponsorship money to get the event off the ground. She stated that she would also like
the Town's support in soft contributions.
Mayor Yoder requested that Ms. Andrews schedule time during the October 31 work
session to provide the Council with more information.
Regular Council Meeting
October 24, 2000
Citizen Input:
Public Hearing on 2001 Budget
Mayor Yoder stated this is a public hearing. There being no one wishing to be heard,
Mayor Yoder closed the public hearing.
Citizen Input:
Public Hearing on 2001 Capital Improvements Budget
May-or_Yoder stated this is_a_public hearing. There being _no_one wishing to be heard,
Mayor Yoder closed the public hearing.
Ordinances:
First Reading of Ordinance No. 00-11, Series of 2000, An Ordinance of the Town of
Avon, Eagle County, Colorado Granting a Franchise to Holy Cross Energy, Its
Successors and Assigns, to Locate, Build, Install, Construct, Acquire, Purchase, Extend,
Maintain, Repair and Operate Into, Within and Through the Town of Avon, All
Necessary and Convenient Facilities for the Purchase, Generation, Transmission and
Distribution of Electrical Energy, and to Furnish, Sell and Distribute Said Electrical
Energy to the Residents of the Town for Light, Heat, Power and Other Purposes by
Means of Conduits, Cables, Poles and Wires Strung Thereon, or Otherwise On, Over,
Under, Along, Across and Through All Streets and Other Public Ways in Said Town of
Avon, Colorado, and Fixing the Terms and Conditions Thereof
Mayor Yoder stated that this ordinance will be tabled.
Ordinances:
First Reading of Ordinance No. 00-12, Series of 2000, An Ordinance Amending Chapter
16.08 of the Avon Municipal Code Relating to Subdivisions
Town Engineer Wood stated this ordinance changes our code to allow for a subdivision
which is a combination of a condominium subdivision and a land subdivision. The Town
code, as written now, does not allow for this type of subdivision.
Mayor Protem Reynolds motioned approval of Ordinance No. 00-12, Series of 2000.
Councilor Curly seconded the motion.
Mayor Yoder asked for a roll call.
Regular Council Meeting
October 24, 2000
The motion carried unanimously.
Resolutions:
Resolution No. 00-48, Series of 2000, A Resolution Approving the Preliminary
Condominium Map, The Nightstar Residences, A Resubdivision of a Portion of Lot
46/47, Block 1, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle
County, Colorado
Mayor Yoder stated this is a public hearing.
Town Engineer Wood was available for questions.
There being no comments from the public, Mayor Yoder closed the public hearing.
Mayor Protem Reynolds motioned approval of Resolution No. 00-48, Series of 2000.
Councilor McDevitt seconded the motion. The motion carried unanimously.
Town Manager Report:
Town Manger Efting stated that Assistant Town Manager Brooks will be in charge from
Thursday, October 26 through Friday November 3.
Mayor Report:
Mayor Yoder reminded everyone of the November 7 General Election as well as Avon
Town Council election.
Consent Agenda:
a.) Approval of the October 10, 2000 Council Meeting Minutes
b.) Financial Matters
c.) Resolution No. 00-46, Series of 2000, A Resolution Approving the Final
Plat, A Resubdivision of Lot 51, Block 2, Wildridge, Town of Avon,
Eagle County, Colorado
d.) Resolution No. 00-47, Series of 2000, A Resolution Approving the
Amended Condominium Map, The Falcon Pointe Condominiums,
Resubdivision of Unit 512 and Common Elements, Falcon Pointe
Condominiums, Town of Avon, Eagle County, Colorado
e.) Resolution No. 00-49, Series of 2000, A Resolution Approving the Final
Condominium Map, the Nightstar Residences, A Resubdivision of a
Regular Council Meeting
October 24, 2000
Portion of Lot 46/47, Block 1, Benchmark at Beaver Creek, Amendment
No. 4, Town of Avon, Eagle County, Colorado
f.) Resolution No. 00-50, Series of 2000, A Resolution Certifying Delinquent
Assessment Payments for Local Improvement District No. 1990-1
(Wildridge Special Improvement District) for Collection by Eagle County
Treasurer
g.) KVBA-TV8 2001 Television Contract for Recreation Department
h.) Contract for CU Art Galleries Exhibit
i.) Change Order No. 1 - 2000 Basketball Courts Construction
j.) Change Order No. 1 - Eagle River Recreation Path
Mayor Protem Reynolds motioned approval of the Consent Agenda. Councilor Buckley
seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Mayor Protem Reynolds
motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion
carried unanimously and the meeting adjourned at 5:43 PM.
Y SUBMITTED:
Kristen Nash, Town Clerk
APPROVED:
Jim Benson
Michael Brown
Debbie Buckley
Rick Curly
Mac McDevitt
Buz Reynolds
Judy Yoder
Regular Council Meeting
October 24, 2000
I
Nov-07-00 14:58
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From-VAIL VALLEY FOUNDATION + T-399 P.02/05 F-620
Vail Valley Founiiation
Town of Avoa
SPONSORSHIP CONTRACT
The Vail Valley fpundauon (°VVF") is d Colorado non-profit, tax exempt, charitable organization
that, ds one of its chantable purposes, festers national and international sports ;!ornpcti ions and
cultural programs. The VVF is interested in generating gross receipts from fundraising, derived from
sponsorship programs to support such mnonal and i iternauonal sports competitions and cultural
programs, and to provide reasonable recognition for sponsorship support.
The following is an agreement between the Town of Avon ("Sponsor") and VVF, acting for the
Organizing Comraiaee of the 2001 DLJdireor American Ski Classic, March 14-18,2001 and the
2001 UCI Mountain Bike World Championships, September 8- 16, 2001 and the 2001 Birds of
Prey World Cup, December 3-4, 2001 and the described hercm collectively ds die "Events"
' I
PO B= 309
Vail, Cokw d.+81658
970-9191999
F" 970-WO265
ACdorado501 (c1 (3)
Nm p * C-Vnsaon
II
2001 AMERIC"Sla CLASSIC SPON-SOR-RIGHTS AND BENEFITS
_Aecasisirlon Benefus
• Listing as Silver Sponsur on sponsor page of Official Program
• Right to use the American Ski Classic trademarks and logos for promotion of
Sponsor's products (use shall be subject to prior approval by VVF)
• Luting on sport wr wall
Social Benefitss
• Two (2) Eagle MedaUions
• Sixteen (16) invitations for guests of Sponsor to the American Ski Classic Welcome
Party
• Sixteen (16) invitations for the guests of Sponsor to the American Ski Classic Ford
Cup Finals Party
• Four (4) invitations to the Legends of Skiing Banquet
• Eight (8) VIP gifts
• One (1) person representing Sponsor who may participate in the Ford Cup race
Credentiah
• Sixteen (16) VIP credentials, which are non-transferable passes good for slamg at Vail
or Beaver Crcck slu resorts us well as for access to VIP hospitality areas, which Sponsor
may use for skiing, March 14-18,2001 and for hospitality areas, March 15-18, 2001, use
of such credentials is subject to all applicable rules. Each iudividuat who will use such
credentials shall first be required to execute a release in the form rcyunrcd by VVF
2001 UCI MOUNTAIN BIKE WORLD CHAMPIONSHIPS SPONSOR RIGHTS AND
BENEFITS
Recognition Benefus
• Listing as Silver Sponsor on sponsor page in the Official Program
• Right to use the official logo in product promotions
• Five (5) on-course banners for the Downhill, provided by sponsor to be displayed ou
course
• Five (5) on-course banners for the Dual, provided by sponsor to be displayed on
course
• Five (5) on-course banners for the Citizens Cross Country-race, provided by sponsor
to be displayed on course
Social Benefits
• Sixteen (16) social invitations for guests of Sponsor to the Welcotric Party and
Closing Party
• Eight (8) VIP gifts
Credentials
• Sixteen (16) VIP credentials
Nov-07-00 14:58 From-VAIL VALLEY FOUNDATION
in
IV
T-399 P-03/05 F-620
2001 BIRDS OF PREY WORLD CUP SPONSOR RIGHTS AND BENEFITS
Recognition Benejits
• Listing as Silver Sponsor on sponsor page of Official Program
• Right to use the Birds of Prey trademarks and logos for promotion of Sponsor's
products (use shall be subject to prior approval by VVF)
Social Benefus
• Sixteen (16) invitations for guests of Sponsor to the Birds of Prey W' ld Cup Party
• Eight (8) VIP gifts
Cirdrmials
• Sixteen (16) VIP credentials, which are non-trans#eruble passes good for strung at Vail
or Beaver Creel: ski resorts as well as for access to VIP hospitality areas, which Sponsor
may use for skiing, December 3-4, 2001, and for hospitality areas, December 3.4 2001
Uric of such credentials is subject to all applicable rules. Euch uidividu who will ust
such credentials shall first be required to execute a release in the forma riqu' d by VVF.
OBLIGATIONS OF SPONSOR
In consideration of the rights granted in Section I, II, and III hereof, Sponsoo rh y agrees
that Sponsor shall pay to VVF at the address set forth-below, c/o Claire Thayer, - ousorship
Administrator, for the rights granted under Section I, II, and III above, a sponsorship Fee in
an amount of $80.000.00 as follows: $80.000.00 on or before February 1. 2001.
V RELEASE
In consideration of being permitted to act as Sponsor for the Evcnis, Spor}sor hereby releases,
waives and discharges any claim, demand or cause of action that Sponsor, its officers,
directors, employees, agents, or guests (" Rcleasors-) may have against V VF, its directors,
officers, employees, agents, members or volunteers (" Releusecs") for any losti, propeTry
damage, bodily injury or death suffered by Releasors while attending the Events or
participating in any sporting acuvincs associated with the Events whether caused by the
negligence of Releasees or otherwise.
VI INDEMNIFICATIONS
(a) VVF hereby indemnifies and agrees io defend and hold Sponsor and its agents, servants,
employees, officers, directors and other officials harmless from any loss, liability, damage,
cost or expense (including reasonable attorneys fees), arising out of any claims, or suits,
arbitration, governmental inquiry or other proceeding against any of their} by (i) reason of or
alleging any unauthorized or infringing use by Sponsor of the VVF Marks, to the extent such
use was pursuant to the terms of this Agreement or (u) ansuig out of any breach or failure to
perform by VVF of any terms or eovcnants contamcd m this Agreement due to The
negligence or willful misconduct of VVF.
(b) Sponsor hereby mdrmwfics and agrees to dcfcnd and hold VVF and its abeuts, servants,
employers, officers, directors, members, and other officials harmlcsN from any loss, habihTy,
damage, cost or expense (including reasonable attorneys fees), ansing out of any claims,
suits, arbitration, governmental inquiry or other proceeding against any of them by reason of
or relating to (i) the manufacture, distribution, promotion, offering for sale and sale of
Sponsor's products by Sponsor, (ii) any InsTitutional Promotion pernune4 hereunder, (iu)
any loss or utjtuy sustained by any officer, employee, agent, director or g4est of Sponsor
while using any of The VIP credentials for skiing or hospitality, as a result of the rights
granted to Sponsor hereunder, or (iv) any breach or failure to perform by Sponsor of any
terms or covenants contained in this Agreement, including without lurutauon any claims
against any of them by reason of or alleging any unauthorized or infringing use by Sponsor
of any patent, process, trade secret, copyright, trademark, or publicity right or other similar
properry (other than the VVF Marks covered by this Agreement) or any dllcgcd defects
(design, manufacturing, handling or other) or inherent dangers in Sponsor's products or any
other product or article distnbuted by Sponsor or The use thereof.
(c) The indemnifications provided for herein are conditioned upon The milcrututird parry's
furnishing the indemnifying party with prompt written notice of any such claim or suit and
Nov-07-00 14:56 From-VAIL VALLEY FOUNDATION + T-399 P.04/05 F-620
{
upon the indemnified party's furnishing of reasonable cooperation and witnesses, if
necessary, in defense of such claun or suit. In such event, the indemnifying patty s have
the option and right to undertake and conduct the defense of any such claim or suit, with
counsel reasonably acceptable to the indctrimfied parry. Termination of fly Agreement shall
not affect the indemnification obligations of the indemnifying party pr4vu d herein.
VIR TERMINATION
In the event that either parry violates, breaches or defaults in performing any of the
provisions of this Agreement and does not fully cure such violation, breach or default within
15 days wnuen notice from the non-defaulting party, the non-defaulung parry may, at its
option, terminate this Agreement by written nonce of termination to the defaulting party. If
Sponsor is the defaulting parry after receipt of such nonce of termination, Sponsor shall pay
or donate to VVF within 30 days without further demand any amounts which would
othrrwnse have been due VVF pursuant to this Agreement but for such tcrm=rion. If such
payments are not remitted as set forth above, Sponsor consents to the entry of judgment for
-such amount by a court having }ursdictwn-over_Sponsor_or_any of its assets. In addition,
VVF shall be entitled to sue for tnluncnvc relief and other consequential 4am4ges, including
reasonable attorneys fees incurred by VVF as a result of any such violation, brra* or def*dt
by Sponsor If VVF is The defaulting parry and Sponsor elects to tcrtnnnate this Agreement
hereunder, Sponsor shall be excused from all further (bat not past due or subsequently
c:uncd) puyuicnt or other obhgauonz hereunder, and the pro-rated amount of any
Sponsorship Fee paid in advance will be refunded to Sponsor In the event of tcrrruuanon of
this Agreement pursuant to this Section VII, Sponsor will refrain from fin;ther use of the
VVF Marks or any further reference to all or each of them, direct or indirect, or any
sumulanon of the VVF Marks.
IX MISCELLANEOUS
(a) Enure Agreement This Agreement constitutes the enure agreement between Sponsor and
VVF and supersedes all prior agreements and understandings relaung thereto. This
Agreement may be amended or supplemented only by a writing signed by Sponsor and VVF
(b) Governing Law and Consent ro Jurisdiction. This Agreement shall be governed by and
construed in accordance with the internal laws of the State of Colorado, without giving effect
to principles of conflict of laws. THE PARTIES WAIVE ANY TRIAL 4Y JURY IN ANY
--ACTION OR PROCEEDINGBASED ON ORPERTAINING TO THIS kGREEMENT.
(c) Relationship of the Parries The relationship of Sponsor and VVF hereunder shall be solely,
that of independent contractors and nothing herein shall be construed to create or imply any
--relationship of employment, agency, pantnership. point venture w any?rel4tiouship other than
that of independent contractors.
(d) Notices All notices and other communications provided for hereunder shall bc?in writing
and shall be deemed effective only if and when sent via tclcfacsirmle, delivered by hand, sent
by airmail, postage prepaid or delivered by overnight courier service, to the address set forth
below each parry's signature.
(c) No Waiver No failure of any parry to give notice of or seek a remedy for any violation of
this Agreement or to insist on strict performance hereunder shall reduce, unpair, or affect
such party's rights to later seek such remedy or insist on such performance with respect to
the:samc or other violation or failure, regardless of such parry's knowledge or lack of
knowledge thereof.
(f) Arbitration. In the event that the parties are not able To resolve any controversy, claim or
dispure arising hereunder, either parry inay submit the matter to confidential binding
arbitration in Vail, Colorado pursuant to the Commercial Arbitration Rules of the American
Arbitration Association then in force, or pursuant to such other rules or procedures to which
the parties may agree. In the event of any such arbitration proceedings between the parties
hereto, the prevailing party in such proceeding shall be awarded, in addition to the amount of
any judgment or other award entered therein, the costs and expenses, including reasonable
---attorneys-fees, incurred-by-the prevailing-party in such srbntratnon proceedings
Nov-07-00 14:59 From-VAIL VALLEY FOUNDATION
T-399 P.05/05 F-620
If
IN WITNESS WHEREOF, the parries h4vc cxccutcd this Agreement on 20QV.
Vail Varney Foundation
By. ,L.
Its: President
Address P O Box 309
Vail, Colorado 51656
Facsimile. (97U) 949-9365
Town of Avon
By:
Its:
Address P_0. BOX 975
Awn, CO 51630
Facsunile (970) 949-9139 r '
Town Council Meetings
Roll Call Check Sheet
Date: 11-14-00-2
Michael Brown
Debbie Buckley
Peter Buckley VIIII,
Rick Cuny V
Mac McDevitt V-Z
Buz Reynolds
Judy Yoder s'
P
-41
Q .
Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for
meeting roll call or to break a tie vote.
Seating arrangements from west to east: Brown, P. Buckley, Cuny, Yoder, McDevitt, D.
Buckley, Reynolds
Staff Present:
Bill Efting
Larry Brooks
Burt Levin
Kris Nash
Jacquie Halburnt
Scott Wright
Jeff Layman Mike Matzko
Charlie Moore Other Staff:
Norm Wood
Meryl Jacobs
Bob Reed
Harry Taylor
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
November 14, 2000 - 5:45 PM
1. Opening Ceremonies 4-
a.) Reading of the List of Newly Elected Councilmembers
b.) Swearing in of Newly Elected Councilmembers
c.) Councilmembers to Take Temporary Seating
2. Elect a Temporary Chairman
3. Roll Call '?? - ?tutl
I
E? ? E
4. Elect Mayor and Mayor Protein ' r
5. Citizen Input
r
M1` rt t GG L
?1 t rl .l I
E fL f
I
4
6. Ordinances
a.) First Reading of Ordinance No. 00-11, Series of 2000, An Ordinance of the Town of
Avon, Eagle County, Colorado Granting a Franchise to Holy Cross Energy, Its
Successors and Assigns, to Locate, Build, Install, Construct, Acquire, Purchase, Extend,
F Maintain, Repair and Operate Into, Within and Through the Town of Avon, All
Necessary and Convenient Facilities for the Purchase, Generation, Transmission and
Distribution of Electrical Energy, and to Furnish, Sell and Distribute Said Electrical
r?
f? b.)
First Reading of Ordinance No. 00-10, Series of 2000, An Ordinance Amending Chapter
3.28 of the Town Code Concerning the Town Public Accommodations Tax; Ratifying
Action Previously Taken and Appertaining Thereto; and Repealing All Ordinances in
Conflict Herewith
c.) First Reading of Ordinance No. 00-13, Series of 2000, An Ordinance Amending Chapter
3.12 of the Town Code Concerning the Town Real Estate Transfer Tax; Ratifying Action
f y ?_ C'am` Previously Taken and Appertaining Thereto; and Repealing All Ordinances in Conflict
Herewith
7 Resolutions
1 ?, a.) Resolution No. 00-58, Series of 2000, A Resolution in Appreciation of Jim Benson
rt ` r
Energy to the Residents of the Town for Light, Heat, Power and Other Purposes by
Means of Conduits; Cables, Poles and Wires Strung Thereon, or Otherwise On, Over,
Under, Along, Across and Through All Streets and Other Public Ways in Said Town of
Avon, Colorado, and Fixing the Terms and Conditions Thereof
8. New Business
9. Town Manager Report
10. Town Attorney Report
11. Mayor Report
12. Other Business
13. Consent Agenda
.) Resolution No. 00-51, Series of 2000, A Resolution Temporarily Extending a Franchise
to Holy Cross Electric Association, Inc., dba Holy Cross Energy, to March 31, 2001
Professional Services Contract - Fire Training
All t? c.) Services for Beaver Creek Dial-A-Ride
Wildridge Entry Sign Lighting
e.) Change Orders #13, 14, 15, 16, 17 - West Beaver Creek Blvd. Streetscape Improvements
14. Adjournment
A
PROCEDURE FOR ELECTION OF MAYOR
The Mayor shall be elected by a majority vote of the Council at its organizational meeting after
the municipal election. (Charter, § 4.3.)
All seven members of the Council may vote on the election of the Mayor.
There is no limit to the number of persons who can be nominated for the position of Mayor and
no requirement that a nomination be seconded. (A person nominated may refuse the
nomination.)
The winner of the election will be the person with the most votes.
PROCEDURE FOR MAYOR PRO TEM ELECTION
The Mayor Pro Tem shall preside at meetings of the Council in the absence of the Mayor, and
shall exercise the powers and duties of the Mayor in the absence of the Mayor. (Charter § 4.5)
The Mayor Pro Tem is elected by majority vote of the Council. (Id.)
All seven members of the Council may vote on the election of the Mayor Pro Tem. (Id.; see also
§ 4.3)1
There is no limit to the number of persons who can be nominated for the position of Mayor Pro
Tem, and no requirement that a nomination be seconded. (A person nominated may refuse the
nomination.)
The winner of the election will be the person with the most votes.
'During regular meetings the Mayor votes only in cases of a tie. (Charter, § 4.4.) However, at
the organizational meeting, in which the Mayor and Mayor Pro Tem is elected, all members of
the Council may vote. (Charter, § 4.3; 4.5.)
To: Honorable Mayor and Town Council
From: Bill Efting, Town Managero f -
Date: November 9, 2000
Re: Manager's Update
1. Two years ago we had a cocktail party honoring those elected to Town Council and those leaving the
Council. We picked up a few complaints about the use of tax payer's money for the party. We will
not be having a party after the Council meeting on Tuesday.
2. Attached you will find the procedures for electing your Mayor and Mayor Pro Tern that Burt has
prepared. Every two years we have to refresh ourselves on this issue so I thought we would send the
procedure out in advance. If you have any questions, please give Burt a call.
3. Here are some scheduling updates for you:
November 16'b - Annual Fire Department Dinner at Chicago's - Refreshments at 6:30, Dinner at 7:00
November 2oth - Beaver Creek Metro Lunch - Time and Place still to be decided
December 2°d - Chapel Square Ribbon Cutting and Holiday Celebration
December 1 lb - Avon Holiday Lighting Contest
December 15`h - Town of Avon Christmas Party
4. Staff has notified the folks at the Thunderbird Arts Festival that if they don't change the date for the
Art Show in Avon we will not support them. My phone should be ringing soon.
5. The Vail Valley Chamber's "Community Mixer", will be held November 30"' from 6:00 - 10:00 at the
Kaltenberg Castle. Hazel Miller will be performing at the mixer.
6. Last but not least, a big thanks to Jim Benson for his service to the Town of Avon and a big welcome
to Peter Buckley.
Newly Elected Council
Michael Brown
Peter Buckley
Albert "Buz" Reynolds
A
TOWN OF AVON
ORDINANCE NO. 11
(SERIES OF 2000)
AN ORDINANCE OF THE TOWN OF AVON, EAGLE COUNTY,
COLORADO GRANTING A FRANCHISE TO HOLY CROSS ENERGY, ITS
SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, INSTALL,
CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN, REPAIR AND
OPERATE INTO, WITHIN AND THROUGH THE TOWN OF AVON, ALL
NECESSARY AND CONVENIENT FACILITIES FOR THE PURCHASE,
GENERATION, TRANSMISSION AND DISTRIBUTION OF ELECTRICAL
ENERGY, AND TO FURNISH, SELL AND DISTRIBUTE SAID ELECTRICAL
ENERGY TO THE RESIDENTS OF THE TOWN FOR LIGHT, HEAT, POWER
AND OTHER PURPOSES BY MEANS OF CONDUITS, CABLES, POLES AND
WIRES STRUNG THEREON, OR OTHERWISE ON, OVER, UNDER, ALONG,
ACROSS AND THROUGH ALL STREETS AND OTHER PUBLIC WAYS IN
SAID TOWN OF AVON, COLORADO, AND FIXING THE TERMS AND
CONDITIONS THEREOF.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
I
ARTICLE 1
SHORT TITLE
1.1 This Ordinance shall be known and may be cited as the "Holy Cross Energy Franchise
Ordinance."
ARTICLE 2
DEFINITIONS
For the purpose of this Ordinance, the following terms shall have the meaning given herein:
2.1 "Town" is the Town of Avon, Eagle County, Colorado, the municipal corporation as is
now constituted or as the same may be enlarged or expanded from time to time through
annexation.
2.2 "Company" refers to Holy Cross Energy, a Colorado corporation, its successors and
assigns.
2.3 "Council" refers to the legislative body of the Town, known as the Town Council of the
Town of Avon, Colorado.
2.4 "Facilities" refers to all overhead and underground electric facilities, buildings, and
structures necessary to provide electricity into, within and through the Town including,
but not limited to, such essential apparatus, appliances, plants, systems, substations,
works, transmission and distribution lines and structures, anchors, cabinets, cables,
conduits, guy posts and guy wires, meters, microwave and communication facilities,
overhead and underground lines, pedestals, poles, regulators, sectionalizers, switchgears,
transformers, various pad mounted and pole mounted equipment, vaults, wires, and all
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other related electrical equipment required for the distribution, generation, maintenance,
operation, purchase, and transmission of electrical energy.
2.5 "Public Easements" refers to easements created and available for use by any public utility
for its facilities.
2.6 "Private Easements" refers to easements created and available only for use by the
Company for its Facilities, or by the Company and other selected users or utilities.
2.7 "Residents" refers to and includes all persons, businesses, industry, ~ governmental
agencies, and any other entity whatsoever, presently maintaining a residence, business,
farm, ranch or other enterprise located within, in whole or in part, the boundaries of the
Town.
2.8 "Revenues", unless otherwise specified, refers to and are the gross amounts of money that
the Company receives from its customers within the Town from the sale of electrical
energy for any particular period of time.
2.9 "Streets and Other Public Ways" refers to streets, alleys, viaducts, bridges, roads, lanes
and other public ways in the Town, subject to limitations stated herein.
ARTICLE 3
- - GRANT-OF FRANCHISE
3.1 Grant of Riaht to Serve. Subject to the conditions, terms and provisions contained in this
Franchise, the Town hereby grants to the Company a non-exclusive right, privilege and
authority to locate, build, install, construct, acquire, purchase, extend, maintain, repair
and operate into, within and through all of the Town boundaries all necessary and
convenient Facilities for the purchase, generation, transmission, and distribution of
3
electrical energy. Such grant is made together with the non-exclusive right and privilege
to furnish, sell, and distribute said electrical energy to the Residents for light, heat, power
and other purposes.
3.2 Scope of Grant. Such grant includes the right and the obligation to furnish electrical
energy using the Company's Facilities, either overhead, underground, or otherwise, on,
over, under, along, across and through any and all Streets and Other Public Ways, and on,
over, under, along, across and through any extension, connection with, or continuation of,
the same and/or on, over, under, along, across and through any and all such new Streets
and Other Public Ways as may be hereafter laid out, opened, located, or constructed
within the boundaries of the Town. The Company is further granted the right, privilege
and authority to excavate in, occupy and use any and all Streets and Other Public Ways
and Public Easements. Any such excavation, occupation and use must be in accordance
with Town standards and regulations, and will be undertaken under the supervision of the
properly constituted authority of the Town for the purpose of bringing electrical energy
into, within and through the Town and supplying electrical energy to the Residents.
3.3 Service to Town Facilities. The Town hereby grants to the Company the right, privilege,
and authority to provide street and security lighting to the Town, and to serve all Town
owned or operated structures, plants, equipment, or Town apparatus and facilities,
including the right, privilege, and authority to furnish, sell, and distribute electrical
energy necessary for such.
3.4 Duration of Franchise. This Ordinance shall be in full force and effect from and after its
passage as by law required and the terms, conditions and covenants hereof shall remain in
full force and effect for a period of twenty (20) years from and after such enactment.
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ARTICLE 4
SPECIFIC ELEMENTS OF GRANT
4.1 Recreational Areas. The Company shall not have the right to locate, build, or construct
Facilities under, across, or through public parks or recreational areas, open space or other
Town owned property located within the Town except as expressly set forth in this
Franchise or with prior written approval granted by the Town's Council. This Ordinance
shall never be construed to limit the Company's rights of eminent domain as provided by
law.
4.2 Trees and Shrubs. The Company shall have the right to control the growth of trees and
shrubs as may be reasonably necessary to protect its Facilities. The Company may use
machinery or other lawful methods to control such growth, but shall not use chemicals for
such purpose. Annually, on a date mutually agreed to by both parties, representatives of
each party shall meet and/or consult to discuss problems related to the means and
methods of controlling such growth. Prior to cutting down or removing any tree, the
Company shall consult with a representative of the Town for the purpose of determining
whether such cutting or removal is the only reasonable and cost effective means of
protecting the Company's Facilities.
4:3 Zocatiori of -Company's Facilities. Wherever reasonable and practicable, the Company
will endeavor to install its Facilities within Public Easements. The Company shall locate
its Facilities within the Town so as to cause minimum interference with any of the
Town's facilities or property, including without limitation water lines, sewer lines, storm
drains, and the proper use of Streets and Other Public Ways, and so as to cause minimum
5
interference with the rights or reasonable convenience of property owners whose property
adjoins any of the said Streets and Other Public Ways.
4.4 Restoration of Public and Private Improvements. Should it become necessary for the
Company, in exercising its rights and performing its duties hereunder, to interfere with
any sidewalk, graveled or paved street, road, alley, water line, sewer line, storm drain, or
any other public or private improvement, the Company shall at its own expense and in a
quality workmanlike manner, repair_ or cause to be repaired and restored to its original
condition such sidewalk, graveled or paved street, road, alley, water line, sewer line,
storm drain, or other public or private improvement after the installation of its Facilities,
provided, however, that upon failure of the Company to do such required repairs within a
reasonable time and in a workmanlike manner, the Town may perform the required work
and charge the Company for all reasonable costs thereof.
4.5 Use of Facilities. The Company shall have the right to make such use of its Facilities and
other property owned by Company, for uses other than the uses contemplated in the
Franchise Ordinance, as it deems proper so long as such other uses do not interfere with
its ability to supply electrical energy.
4.6 Charred Conditions - Overhead. If at any time it shall be necessary to change the
position of any overhead electrical Facilities of the Company to permit the Town to lay,
make or change street grades, pavements, sewer mains, water mains, storm drains, or
other Town works, such changes shall be made by the Company at its own expense, after
reasonable notice from the Town. This provision shall not apply to any changes that
result from new developmentwithin the Town. --The -costs -associated with changing
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overhead electric facilities to accommodate such new development shall be borne by the
developer, the Town or some other party, but not the Company.
4.7 Compliance with Town Requirements. The Company shall comply with all Town
requirements regarding curb and pavement cuts, excavating, digging and related
construction, maintenance and operational activities except as otherwise provided for in
this Franchise Ordinance.
4.8_ _ Town Review of Construction and Desien._Prior to construction of-an y significant
Facilities within the Town, if requested by the Town, the Company shall furnish to the
Town the plans for such proposed construction. In addition, the Company shall assess and
report on the impact of its proposed construction on the Town environment. Such plans
and reports may be reviewed by the Town to ascertain, inter alia, (1) that all applicable
laws including building and zoning codes and air and water pollution regulations are
complied with; (2) that aesthetic and good planning principles have been given due
consideration; and (3) that adverse impact on the environment has been minimized.
4.9 Capital Improvement Projects. The Company and the Town shall inform one another of
any capital improvement projects anticipated within the Town that may impact the
facilities or operations of either party. The party proposing such capital improvements
shall inform the other party of the nature of such improvements within a reasonable time
after plans for such improvements have been substantially formulated. Each party shall
cooperate in the timely exchange of all necessary information, design data, drawings, and
reports to properly assess and evaluate the potential impacts of said improvements.
4.10 Maintenance of Facilities. The Company shall install, maintain, repair, replace, and
upgrade its Facilities to ensure both the adequacy of, and quality of, electric service to all
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Residents. All excavation and construction work done by or under the authority of the
Company shall be done in a timely and expeditious manner which minimizes the
inconvenience to the Town and all Residents.
4.11 Town Not Required to Advance Funds. Upon receipt from the Town of an authorization
to proceed, and a promise to pay for construction, the Company shall extend its Facilities
to the Town for municipal uses therein or for any municipal facility outside the
boundaries of the Town and within the Company's certificated territory, without
requiring the Town to advance funds prior to construction.
4.12 Scheduled Interruptions. The Company shall, whenever possible, give notice, either oral
or written, to the Town and its affected Residents, of planned service interruptions of
significant duration.
4.13 Cooperation with Other Utilities. When undertaking a project of undergrounding, the
Town and the Company shall work with other utilities or companies to attempt to have all
lines undergrounded as part of the same project. The Company shall not be required to
pay the costs of any other utility in connection with work under this section.
ARTICLE 5
RATES REGULATIONS UNIFORMITY OF SERVICE, AND UPGRADES
5.1 Furnishing Electrical Energy. The Company shall furnish electrical energy within the
boundaries of the Town, and to the Residents thereof at the Company's applicable and
effective rates and under the terms and conditions set forth in the Rate Schedules,
Standards for Service Rules -and Regulations,-arid Service -Connection and Extension
Policies, adopted by and on file with the Company, subject only to regulations thereof as
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is provided by law. The Company shall not, as to rates, charges, service, facilities, rules,
regulations or in any other respect, make or grant any preference or advantage to any
Resident, provided that nothing in this grant shall be taken to prohibit the establishment
from time to time of a graduated scale of charges and classified rate schedules to which
any customer coming within an established classification would be entitled.
5.2 Facility Upgrades. The Company will, from time to time, during the term of this
Franchise --make such improvements, enlargements and extensions of its Facilities
incorporating, when reasonable and practical, technological advances within the industry
as the business of the Company and the growth of the Town justify, in accordance with
its Standards for Service, Rules and Regulations, and Service Connection and Extension
Policies for electric service concurrently in effect and on file with the Company, subject
only to regulations thereof as is provided by law.
5.3 Reliable Supply of Electricity. The Company shall take all reasonable and necessary
steps to provide an adequate supply of electricity to its customers at the lowest reasonable
cost consistent with long-term reliable supplies. If the supply of electricity to its
customers should be interrupted, the Company shall take all necessary and reasonable
actions to restore such supply within the shortest practicable time. In the event the
Company's electric system, or any part thereof, is partially or wholly destroyed or
incapacitated, the Company shall use due diligence to restore its system to satisfactory
service within the shortest practicable time.
5.4 Maps and Regulations. The Company shall submit copies of its Standards for Service,
Service Connection and Extension Policies, Rules and Regulations, and maps of its
Facilities within the Town boundaries to the Town Clerk. All changes in such maps,
9
Standards for Service, Rules and Regulations, and policies, shall be submitted to the
Town as the same may from time to time occur.
5.5 Subdivision Review. The Company shall analyze any subdivision plats or planned unit
development plans submitted to it by the Town and respond to any request by the Town
for information regarding the adequacy of its Facilities necessary to serve such proposed
plat or plan and answer any other questions posed to the Company by the Town regarding
said plat or plan as are within the knowledge of the Company. The Company shall
respond to said requests or questions within reasonable time limits set by the Town's
Subdivision Regulations.
5.6 Interrelationship of Laws Rates Regulations and Ordinances. The Company shall
comply with all County, State or Federal laws, and rules and regulations related to the
subject matter hereof. The Company also agrees to abide by all ordinances and
resolutions of the Town, unless and except to the extent that this Franchise Ordinance
shall relieve the Company of the obligation to comply with the terms and conditions of
such other ordinances or any other provisions hereof. The Company, from time to time,
may promulgate such rules, regulations, terms and conditions governing the conduct of
its business, including the use of electrical energy and the payment therefor, and the
interference with, or alteration of, any of the Company's property upon the premises of its
customers as shall be necessary to provide a safe, continuous and uninterrupted service to
each and all of such customers and the proper measurement thereof and payment therefor.
Any such rules, regulations, terms and conditions must not be inconsistent with this
Franchise Ordinance, but no ordinance of the Town may regulate the Company's rates or
charges for the furnishing of electrical energy, or shall lessen the safety of providing such
10
energy to its customers, nor shall any such ordinance alter the manner in which service is
extended to such customers.
ARTICLE 6
USE OF COMPANY FACILITIES
6.1 Use of Poles by Town. The Town shall have the right, without cost, to jointly use all
poles and suitable overhead structures within the Town for the purpose of stringing. wires
thereon for any reasonable Town authorized use; which use shall not include the
distribution or transmission of electricity; provided, however, that the Company shall
assume no liability, nor shall it be put to any additional expense, in connection therewith,
and said use shall not interfere in any unreasonable manner with the Company's use of
same, or the use thereof by the Company's permittees, licensees, or other existing users
of such Facilities. The Company agrees to permit Town licensees, permittees and
franchisees, except those holding an electric utility franchise or license from the Town, to
use its Facilities upon reasonable terms and conditions to be contractually agreed upon
with the Company, in writing.
6.2 Joint Use of Trenches. If the Company installs new electric underground conduit or
-opens-a- trench-or-replaces such -conduit, the -Company-shall _provide_adequate_advance
notice to permit additional installation of similar facilities in the same trench by the
Town, or installation of other types of municipal facilities, subject to applicable rules and
regulations. If the Town elects to use the trench it will so notify the Company. The
Town shall provide the materials at no expense to the Company. The Town shall
reimburse to the Company only those monies paid by the Company to an independent
II
contractor for labor costs to install Town furnished materials by such independent
contractor. The Company shall include copies of invoices from the independent
contractor to substantiate the Company's request for reimbursement. If the installation of
Town furnished materials is performed solely by the Company's employees, there will be
no labor charge to the Town. Such action by the Town shall not unnecessarily interfere
with the Company's Facilities or delay the accomplishment of the project. The Town
shall be responsible for ensuring that required vertical and horizontal separations between
its facilities and that of the Company's is strictly maintained. The Town and Company
shall jointly hold each other harmless from any liability or damage resulting from their
respective facilities being installed in a joint trench.
ARTICLE 7
INDEMNIFICATION AND POLICE POWER
7.1 Town Held Harmless. The Company shall indemnify, defend and save the Town, its
officers and employees, harmless from and against all liability or damage and all claims
or demands whatsoever in nature arising out of the operations of the Company within the
Town pursuant to this Franchise, and the securing of, and the exercise by the Company
of, the Franchise rights granted in this ordinance and shall pay all reasonable expenses
arising therefrom. The Town shall provide prompt written notice to the Company of the
pendency of any claim or action against the Town arising out of the exercise by the
Company of its Franchise rights. The Company will be permitted, at its own expense, to
appear and defend or to assist in defense of such claim. Notwithstanding any provision
hereof to the contrary, the Company shall not be obligated to indemnify, defend or hold
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the Town harmless to the extent of any claim, demand, or lien arising out of, or in
connection with, any negligent act or failure to act by the Town or any of its officers,
employees, or agents unless the Company shall become obligated to indemnify, defend or
hold the Town harmless by virtue of the comparative negligence laws of Colorado.
7.2 Police Power Reserved. The right is hereby reserved to the Town to adopt from time to
time, in addition to the provisions herein contained, such ordinances as may be deemed
necessary- in the exercise. of-its_po_lice power, provided that such regulations shall be
reasonable and not destructive of the rights herein granted, and not in conflict with the
laws of the State of Colorado, or with orders of other authorities having jurisdiction in the
premises.
ARTICLE 8
FRANCHISE FEE -
8.1 Franchise Fee. In consideration for the grant of this Franchise, the Company shall pay to
the Town a sum equal to three percent (3%) of its gross Revenues collected from the sale
of electricity within the boundaries of the Town. Electric Revenues received from service
to the Town facilities will not be assessed a 3% fee under this section nor will the Town
--be-paid the-3-0fo-fee from--such Revenues collected from: Town facilities. To-the-extent
required by law, the three percent (3%) shall be surcharged to the Residents. This
surcharge is in addition to any charges specified in the Company's tariffs and any
applicable taxes.
8.2 Change of Franchise Fee - Town Initiated. The Town expressly reserves the right to
notify the Company of its desire to revise the Franchise Fee to a different percentage of
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revenue prior to October 1 of the even numbered years during the term of this franchise,
which revised Franchise Fee shall become effective on the next succeeding January 1,
following notification. Provided, however, that the maximum amount of the Franchise
Fee shall be five percent (5%) of the Revenues collected within the boundaries of the
Town. Notification to the consumer shall be given by the Town no less than thirty (30)
days prior to January 1, the effective date of the scheduled increase. All expenses
--associated- with notification-shall be-paid _entirely by__the Town.
8.3
8.4
8.5
Payment. Payment of the Franchise Fee shall be made by the Company to the Town on
or before thirty (30) days after the end of each quarter of each calendar year for the
preceding three (3) month period, but shall be adjusted for the portions of the calendar
quarters at the beginning and at the end of this Franchise. All payments shall be made to
the Town Clerk.
Revenue Audit. For the purpose of ascertaining or auditing the correct amount to be paid
under the provisions of this Article, the Company shall file with the Town Manager, or
such other official as shall be designated by the Town from time to time, a statement, in
such reasonable form as the Town may require, showing the total gross receipts received
by the Company from the sale of electricity to Residents within the boundaries of the
Town for the preceding three (3) month period. The Town Manager or any official
appointed by the Council shall have access to the books of said Company for the purpose
of confirming the gross Revenues received from operations within the Town.
Correction of Underpayment/Ovemayment. Should either the Company or Town
discoverether an un-derpayment or overpayment of the Franchise Fee, the party making
such discovery shall inform the other party within a reasonable time. If the error is
14
substantiated as an underpayment, the Company shall make payment of the deficiency
within thirty (30) days of the date the error was substantiated. If the error is substantiated
as an overpayment, a credit equal to the overpayment will be applied to the next
Franchise payment due the Town.
8.6 Occupation Tax Alternative. In the event the said Franchise Fee levied herein should be
declared invalid and/or shall be set aside by a Court of competent jurisdiction, then, and
in such event, and in lieu thereof, the Town may thereafter levy an occupation tax upon
the Company, not to exceed in any one calendar year five percent (5%) of the gross
Revenues collected from the sale of electricity within the boundaries of the Town for that
calendar year. Such occupation tax shall be adjusted for any Franchise Fees previously
paid to the Town in such calendar year. In the event the Town shall enact such an
occupation tax, in lieu of the Franchise Fee, all of the remaining terms, conditions and
provisions of this Ordinance shall remain in full force and effect for the period stated
herein. Such occupation tax ordinance or enactment shall be designed to meet all legal
requirements to ensure that it is not construed as an income tax.
8.7 Franchise Fee Payment in Lieu of Other Fees. The Franchise Fee paid by the Company is
accepted by the Town in lieu of any occupation tax, license tax, permit charge, inspection
fee, contractors license fees, or similar tax on the privilege of doing business or in
connection with the physical operation thereof, but does not exempt the Company from
any lawful taxation upon its property or any other tax not related to the Franchise or the
physical operation thereof and does not exempt the Company from payment of head taxes
or other fees or taxes assessed generally upon business.
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8.8 Payment of Expenses Incurred by Town in Relation to Ordinance. At the Town's option,
the Company shall pay in advance or reimburse the Town for expenses incurred in
publication of notices and ordinances and for photocopying of documents arising out of
the negotiations or process of obtaining this franchise.
8.9 Termination of Franchise. If this Franchise is terminated by either the Company or the
Town for whatever reason, or is declared null and void, all Franchise Fees or occupation
taxes levied herein shall be suspended as of the date the Franchise is legally terminated.
Final payment of any Franchise Fee or occupation tax owed and due the Town shall be
made on or before thirty (30) days after the date the Franchise is legally terminated.
ARTICLE 9
REPORTS
9.1 Reports. The Company shall submit- reasonableand necessary _reports containing, or
based upon, information readily obtainable from the Company's books and records as the
Town may request with respect to the operations of the Company under this Franchise,
and shall, if requested, provide the Town with a list of real property within the Town
which is owned by the Company.
9.2 _ C_op gs__of Tari#Fs._ Upon request, the Company shall furnish the, Town with cries of any
tariffs currently in use.
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ARTICLE 10
ADMINISTRATION
10.1 Amendments. At any time during the term of this Franchise, the Town through its
Council, or the Company, may propose amendments to this Franchise by giving thirty
(30) days written notice to the other party of the proposed amendment(s) desired, and
both parties thereafter, through their designated representatives, shall within a reasonable
fame, negotiate in good faith in an "effort- to agree upon a mutually satisfactory
amendment(s). No amendment(s) to this Franchise shall be effective until mutually
agreed upon in writing by the Town and the Company and until all public notice
requirements pursuant to Colorado statutes, and ordinance requirements of the Town,
have been met. This section shall not apply to Franchise Fee changes under Article 8.
10.2 Revocation of Privileges by Condemnation. In the event, at any time during the term of
this Franchise, the Town shall condemn any of the Facilities of the Company within the
boundaries of the Town, and thereby revoke all or any part of the privilege and authority
herein granted to the Company to serve the Residents, then and in such event the Town
shall pay to the Company just compensation as provided by the laws of the State of
Colorado for such rights and facilities by reason of such condemnation.
10.3 Compliance Impaired. Both the Company and the Town recognize there may be
circumstances whereby compliance with the provisions of this Franchise is impossible or
is delayed because of circumstances beyond the Company's or Town's control. In those
instances, the Company or Town shall use its best efforts to comply in a timely manner
and to the extent possible.
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10.4 Company's Failure to Perform. It is agreed that in case of the failure of the Company to
perform and carry out any of the stipulations, terms, conditions, and agreements herein
set forth in any substantial particular, wherein such failure is within the Company's
control and with respect to which redress is not otherwise herein provided, the Town,
acting through its Council, may, after hearing, determine such substantial failure; and,
thereupon, after notice given the Company of such failure, the Company may have a
reasonable time, not less than ninety (90) days, unless otherwise agreed by the parties, in
which to remedy the conditions respecting which such notice shall have been given.
After the expiration of such time and the failure to correct such conditions, the Council
shall determine whether any or all rights and privileges granted the Company under this
ordinance shall be forfeited and may declare this Franchise null and void.
10.5 Ownership of Facilities. All Facilities used or placed by the Company, either within or
outside the boundaries of the Town shall be and remain the property of the Company.
10.6 Transfer of Rights. The Company shall not transfer or assign any rights under this
Franchise to a third party, excepting only corporate reorganizations of the Company not
including a third party, unless the Town shall approve in writing such transfer or
assignment. Approval of the transfer or assignment shall not be unreasonably withheld.
10.7 Removal of Facilities. Upon the expiration of this Franchise, if thereafter the Company
Facilities shall not be used for electric, telephone, or cable TV purposes for a period of
twelve (12) successive months; the Town shall have the option of having the Company
remove such Facilities or claim such Facilities as its own. If the Town should require the
Company to remove its Facilities such removal shall only apply to those Facilities that
are above ground and have a visual impact on the surrounding area. If the Town elects to
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have the Company remove the Facilities, it shall give written notice to the Company
within thirty (30) days after expiration of the twelve (12) month period above described
directing it to remove such Facilities, and the Company shall remove the same no later
than ninety (90) days after the date of such notice, unless the Company and the Town
agree to a longer period within which removal shall occur. Any Facilities, either
underground or overhead, remaining after the twelve (12) month, thirty (30) day, and
ninety_(90) day periods above described, that have not been expressly claimed by the
Town or removed by the Company, shall be deemed to have been abandoned. Any cost
incurred by the Town in removing abandoned Facilities, and any liability associated with
Facilities abandoned by the Company shall be the liability of the Company. For any
Facilities claimed by the Town, any liability associated with such Facilities shall become
the liability of the Town.
10.8 Non-renewal of Franchise; Alternative Electric Service. If this Franchise is not renewed,
or if it is declared null and void, or the Company terminates any service provided for
herein for any reason, and the Town has not provided for alternative electric service to the
Residents, the Company shall not remove its Facilities and shall be obligated to continue
electric service to the Residents until alternative electric service is provided. The
Company will not withhold any temporary services-necessary to, protect the-public.
ARTICLE 11
COMMUNITY ENHANCEMENT FUND
11.1 Purpose. The Company is committed to programs designed to make a difference in
people's lives and the communities in which they reside. The Company will voluntarily
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make monetary resources available to the Town for such programs and/or activities.
Programs for which such funds shall be spent shall be limited 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; (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. This
program has been initiated solely by the Company; the Town has not made the program a
requirement for this Franchise. Funding for this program is not a cost of doing business
but is a voluntary contribution by the Company.
11.2 Payments to the Fund. After enactment of this Ordinance, the Company will establish an
initial fund amount of $2,000.00. The Company shall then make annual payments to the
fundequal to one percent (1%) of its prior year's gross Revenues, prorated for the
portions of the months at the beginning and end of the term of this Franchise, collected
from the sale of electricity within the boundaries of the Town, or $2,000.00, whichever
amount is greater. Said payments shall be made into the fund no later than February 15'
of the year subsequent to the year in which the gross Revenues are received by the
Company.
11.3 The Fund. The Fund established by the Company shall be maintained in a bank account
in the name of the Town, but shall be maintained separately from all other funds and
accounts held by the Town.
11.4 PaXments from the Fund. All payments from the fund shall be for projects described in
Section 11.1 hereof. Prior to any such expenditure, authorization to withdraw from the
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fund shall be given by resolution or ordinance duly enacted by the Council, and such
resolution or ordinance shall clearly describe the nature and purpose of the project for
which the expenditure is made. 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.
11.5 Audits. _ The Town may audit the Company's books related to gross Revenues collected
within the Town at any reasonable time and with reasonable prior notice. The Company
may audit the fund account, expenditures from the fund, and resolutions and ordinances
authorizing such expenditures at any reasonable time and with reasonable prior notice.
11.6 Forfeiture of Enhancement Funds. The Company shall have the express right to
temporarily suspend or terminate in full its annual contributions to the Enhancement
Fund if it is determined that funds allocated and paid to the Town are being, or have been,
misappropriated, administered with bias or discrimination, or for other inappropriate
actions.
11.7 Advances of Funds. The Company shall consider advances of funds, subject to the
provisions of this Section, for all such projects that specifically involve undergrounding
of overhead--lures or projects--acceptable lo,-the Company which- are -related- to the
Company's existing Facilities. The Town shall make all reasonable attempts to plan and
budget use of the Fund without advancement of future Funds. However, if the Town
requests and the Company and the Town agree that it is in the mutual interest of both, the
Company shall anticipate Fund amounts to be available for up to three (3) years in
advance. Both parties shall enter into a special agreement concerning the advanced
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Funds. Any amounts advanced shall be credited against amounts to be expended in
succeeding years until such advances are eliminated.
ARTICLE 12
UNDERGROUNDING
12.1
At Consumer's Request. If a customer within the Town should request that new facilities
be _installed underground, or for the conversion of existing overhead facilities to
underground facilities, or if Town ordinances or resolutions require a customer or
customers to install facilities underground, the Company shall proceed in accordance with
its Line Extension Policy, Advice Letter Number 8, dated July 30, 1976 (herein "Line
Extension Policy") and in accordance with its Policy Statement, Conversion From
Overhead to Underground Facilities, June 15, 1988 (herein "Underground Conversion
Policy"), as each may from time to time be amended.
12.2 Town Requested UndergroundinQ. Except for the Company's contributions to the
Community Enhancement Fund, which may be used by the Town to pay for the
undergrounding of the Company's Facilities, any request, requirement imposed by
resolution or ordinance, or other communication from the Town to the Company, asking,
or requiring the Company to underground new facilities or existing overhead facilities, or
move, remove, or replace existing underground facilities, shall be responded to in
accordance with the provisions of the Company's Line Extension Policy, Underground
Conversion Policy, or other customary practice in use by the Company. The Town
acknowledges receipt of a copy of both policies.
22
12.3 Relocation of Underground Facilities. Nothing hereinabove shall be construed to
obligate the Company to pay for the removal and relocation of its Facilities where such is
at the request or demand of a person, or a public or private entity under circumstances
which require the party requesting or demanding such to pay for the relocation under
other provisions hereof, or under the provisions of the Company's Line Extension Policy,
Underground Conversion Policy, or other customary practice in use by the Company.
s-Franchise-or-the Town Municipal Code, as either may be
12.4 ?wernmentai-Mandates. --Thi - - -
amended from time to time, shall not prohibit or limit the Company's right to enforce its
collection of the increased costs of new underground construction, or conversion, in
accordance with the provisions of the Company's Line Extension Policy, Underground
Conversion Policy, customary practices of the Company, or state law. Anything in this
Franchise, or in the Municipal Code, that would be a contributing factor to the ultimate
effect of causing the Company to convert - overhead electric lines or Facilities to
underground lines or Facilities, or which would result in new construction of lines or
Facilities being placed underground, when such could have been constructed overhead,
shall be deemed to be a mandatory requirement of the Town.
ARTICLE 13
MISCELLANEOUS
13.1 Changes in Utility Regulation. In the event new legislation materially affects the terms
and conditions of this Franchise Ordinance, the parties agree to renegotiate the affected
terms and conditions in good faith. The parties hereto acknowledge that regulatory and
legislative changes in the electric utility, gas utility and other energy industries are
23
currently being discussed nationwide and statewide; that some changes in utility industry
sectors have already been implemented; and that other changes may be made in the
future, during the term of this Franchise. One likely scenario is the implementation of
open access to electric customers, and other energy customers, making such customers
available to all utilities, thus eliminating or limiting territorial protections Under this
scenario one utility may contract to sell a type of energy to a customer, while another
utility transports the energy to the customer for a fee charged to the other utility or the
customer.
The parties agree, that insofar as future changes in the utility laws will allow, the
Company shall always retain the right to bill customers for electric utility transportation
services and electric energy sales within the Town if it is the provider of either the
0
electric energy product or the transportation of such product. The parties agree that this
will provide the most efficient and convenient electric utility service to the Residents and
provide assurance to the Town of franchise fee collection for each component charged for
the sale and delivery of electric energy products within the boundaries of the Town.
13,2 Successors and Assigns, The rights, privileges, franchises and obligations granted and
contained in this Ordinance shall inure to the benefit of and be binding upon the
Company, its successors and assigns.
13.3 Representatives. Both parties shall designate from time to time in writing representatives
to act as franchise agents for the Company and the Town. Such will be the persons to
whom notices shall be sent regarding any action to be taken under this Ordinance. Notice
shall be in writing and forwarded'by certified mail or hand delivery to the persons and
addresses as hereinafter stated, unless the persons and addresses are changed at the
24
i
written request of either party. Until any such change shall hereafter be made, notices
shall be sent to the Town Mayor and to the Company's General Manager. Currently the
addresses for each are as follows:
For the Town:
For the Company:
Judy Yoder, Mayor Holy Cross Energy
Town of Avon Attention: General Manager
P. O. Box 975 P.O. Drawer 2150
400 Benchmark Road 3799 Highway 82
_Ayon, CO 8 f620 _ Gler wood prings, CO 81602
13.4 Severability. Should any one or more provisions of this Franchise be determined to be
illegal or unenforceable, all other provisions nevertheless shall remain effective;
provided, however, the parties shall forthwith enter into good faith negotiations and
proceed with due diligence to draft provisions that will achieve the original intent of
stricken provisions.
13.5 Entire Ayreement._-This Franchise constitutes the entire agreement of the parties. There
have been no representations made other than those contained in this Franchise.
ARTICLE 14
APPROVAL
14.1 Town Approval. This grant of Franchise shall not become effective until approved by the
Town in accordance with its ordinances and the statutes of the State of Colorado.
14.2 Company Approval. The Company shall file with the Town Clerk its written acceptance
of this Franchise and of all its terms and provisions within fifteen (15) business days after
the final adoption of this Franchise by the Town. The acceptance shall be in the form and
25
content approved by the Town Attorney. If the Company shall fail to timely file its
written acceptance as herein provided, this Franchise shall become null and void.
14.3 Public Health, Safety and Welfare. The Council hereby finds, determines and declares
that this Ordinance is necessary and proper for the health, safety and welfare of the Town
and the Residents thereof.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this day of , 2000, and a public - hearing on this
Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon,
Colorado on the day of 2000, at 5:30 p.m., in the
Municipal Building of the Town of Avon, Colorado.
jut o der, a3
Attest:
Kris Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED,
this day of , 2000.
Judy Yoder, Mayor
Attest:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
26
ORDINANCE NO. 00-10
SERIES OF 2000
AN ORDINANCE AMENDING CHAPTER 3.28 OF THE TOWN
CODE CONCERNING THE TOWN PUBLIC
ACCOMMODATIONS TAX; RATIFYING ACTION
PREVIOUSLY TAKEN AND APPERTAINING THERETO; AND
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
-Section 1. -Definitions. Terms used in this Ordinanceshall have-the-meanings
specified in Chapter 3.28 of the Town Code or in this section for all purposes of this Ordinance and
of any ordinance amendatory hereof, supplemental hereto or relating hereto, and of any instrument
or document appertaining hereto, except where the context by clear implication otherwise requires.
All definitions include the singular and plural and include all genders.
Annexation Agreement: the Annexation and Development Agreement entered into
October 13, 1998, among the Town, EMI) Limited Liability Company, PVRT NOTT I LLC, PVRT
NOTT II LLC, and PVRT NOTT III LLC.
Improvement Company: the Public Improvement Company, described in the
Annexation Agreement or its successors.
Pro e : the real property described in Exhibit A to the Annexation Agreement.
Accommodations/Lodging Fee: the Accommodations/Lodging Fee assessed by the
Improvement Company as described in Section 4.5 of the Annexation Agreement.
Tax: the Public Accommodations Tax imposed by § 3.28.030 of the Avon Municipal
Code.
Section 2. Recitals.
A. The Town is a municipal corporation duly organized and existing under the
Town's Charter adopted pursuant to Article XX of the Constitution of the State of Colorado.
B. The Town has entered into the Annexation Agreement to annex the Property
to the Town.
C. Pursuant to the Annexation Agreement, the Improvement Company is
authorized to impose the Accommodations/Lodging Fee.
k
D. Pursuant to the Annexation Agreement, the Town desires to provide a tax
credit against the obligation to pay the Tax to the Town for persons who pay the
Accommodations/Lodging Fee.
Section 3. Ratification. All actions heretofore taken (not inconsistent with the
provisions of this Ordinance) by the Town Council and other officers of the Town in connection with
the imposition and collection of the Tax, and the Annexation Agreement are ratified, approved and
confirmed.
Section 4. Tax Credit. Chapter 3.28 of the Town Code is amended by the
addition of the following:
Notwithstanding any other provisions of this chapter, there shall be
granted to each person owing the tax a temporary tax credit against
collection of the tax equal to the amount of the
Accommodations/Lodging Fee paid or collected by such person. The
amount of the credit shall not exceed the amount of the tax. This
credit shall terminate when the collection of the
Accommodations/Lodging Fee terminates pursuant to the Annexation
Agreement. The Town Council hereby determines that the creation
or termination of this credit does not constitute a tax increase, the
` imposition of a new tax, or atax policy change.
Section 5. Repealer. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any by-law, order, resolution or ordinance, or _part thereof,
heretofore repealed.
Section 6. Effective Date. This ordinance shall be in full force and effect seven
days after public notice following final passage.
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this day of , 2000, and a public
hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of
Avon, Colorado on the _ day of , 2000, at _.m. in the Municipal Building of
the Town of Avon, Colorado.
TOWN OF AVON, COLORADO
Mayor
ATTEST:
Town Clerk
INTRODUCED, APPROVED ON SECOND READING, AND ORDERED
PUBLISHED AND POSTED this _ day of , 2000.
TOWN OF AVON, COLORADO
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
B14
ORDINANCE NO.00-13
SERIES OF 2000
AN ORDINANCE AMENDING CHAPTER 3.12 OF THE TOWN
CODE CONCERNING THE TOWN REAL ESTATE TRANSFER
TAX; RATIFYING ACTION PREVIOUSLY TAKEN AND
APPERTAINING THERETO; AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. _ 51, ions. -Terms-used-in
specified in Chapter 3.12 of the Town Code or in this section for all purposes of this Ordinance and
of any ordinance amendatory hereof, supplemental hereto or relating hereto, and of any instrument
or document appertaining hereto, except where the context by clear implication otherwise requires.
All definitions include the singular and plural and include all genders.
Annexation Agreement: the Annexation and Development Agreement entered into
October 13, 1998, among the Town, EMD Limited Liability Company, PVRT NOTT I LLC, PVRT
NOTT II LLC, and PVRT NOTT III LLC.
Improvement Company: -the Public Improvement Company described in the
Annexation Agreement or its successors.
Prg e the real property described in-Exhibit A to-the Annexation Agreement.
Real Estate Transfer Fee: the Real Estate Transfer Fee assessed by the Improvement
Company as described in Section 4.5 of the Annexation Agreement.
Tax: the Real Property Transfer Tax imposed by § 3.12.030 of the Avon Municipal
Code.
-Section 2. Recitals.
A. The Town is a municipal corporation duly organized and existing under the
Town's Charter adopted pursuant to Article XX of the Constitution of the State of Colorado.
B. The Town has entered into the Annexation Agreement to annex the Property
to the Town.
C. Pursuant to the Annexation Agreement, the Improvement Company is
authorized to impose the Real Estate Transfer Fee.
D. Pursuant to the Annexation Agreement, the Town desires to provide a tax
credit against the obligation to pay the Tax to the Town for persons who pay the Real Estate Transfer
Fee.
Section 3. Ratification. All actions heretofore taken (not inconsistent with the
provisions of this Ordinance) by the Town Council and other officers of the Town in connection with
the imposition and collection of the Tax, and the Annexation Agreement are ratified, approved and
confirmed.
Section 4. Tax Credit. Chapter 3.12 of the Town Code is amended by the
addition of the following:
Notwithstanding any other provisions of this chapter, there shall be
granted to each person owing the tax a temporary tax credit against
collection of the tax equal to the amount of the Real Estate Transfer
Fee paid or collected by such person. The amount of the credit shall
not exceed the amount of the tax. This credit shall terminate when
the collection of the Real Estate Transfer Fee terminates pursuant to
the Annexation Agreement. The Town Council hereby determines
that the creation or termination of this credit does not constitute a tax
increase, the imposition of a new tax, or a tax policy change.
Section 5. Repealer. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
heretofore repealed.
Section 6. Effective Date. This ordinance shall be in full force and effect seven
days after public notice following final passage.
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this day of , 2000, and a public
hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of
Avon, Colorado on the _ day of , 2000, at _.m. in the Municipal Building of
the Town of Avon, Colorado.
TOWN OF AVON, COLORADO
Mayor
ATTEST:
Town Clerk
INTRODUCED, APPROVED ON SECOND READING, AND ORDERED
PUBLISHED AND POSTED this _ day of , 2000.
TOWN OF AVON, COLORADO
Mayor
ATTEST:
Town Clerk
APPROVED AS TO-FORM:
Town Attorney
B14
TOWN OF A VON
RESOL UTION NO. 00-58
SERIES OF 2000
A RESOL UTION IN APPRECIATION OF JIM BENSON
WHEREAS, JIM BENSON subscribed to the oath of the office of Council Member
of the Town of Avon on April 11, 1995; and
WHEREAS, JIM BENSON has abided by his oath and has served the Town well;
and
WHEREAS, JIMBENSON, was succeeded in the office on the 14`h day of
November, 2000; and
WHEREAS, JIM BENSON'Spresence and contributions to the Council will be
missed.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OFAVON, as follows:
1. The sincere thanks of the Council and the residents of the Town of Avon
are extended to JIM BENSON for his service to the Town of Avon.
2. This Resolution shall be spread at large~in the minutes of the meeting and
a certified copy shall be delivered to the said JIM BENSON.
ADOPTED THIS 14TH DAY OF NOVEMBER, 2000.
TOWN COUNCIL
TOWN OFAVON, COLORADO
Mayor
ATTEST.-
Kristen Nash
Town Clerk
RESOLUTION NO. 51
SERIES OF 2000
A RESOLUTION TEMPORARILY EXTENDING A FRANCHISE TO HOLY CROSS
ELECTRIC ASSOCIATION, INC., DB/A HOLY CROSS ENERGY, TO MARCH 31,
2001.
WHEREAS, the Town Council enacted Ordinance No. 80-20, Series of 1980,
granting a franchise to Holy Cross Electric Association, Inc. ("Holy Cross") to furnish, sell
and distribute electrical energy to the inhabitants of the Town of Avon, and fixing the terms
and conditions thereof; and
WHEREAS, said ordinance granted a franchise to Holy Cross for a period of twenty
(20) years from and after approval by the Colorado Public Utilities Commission; and
WHEREAS, the Colorado Public Utilities Commission ordered, in its Decision No.
C80-2397, that Holy Cross be granted a Certificate of Public Convenience and Necessity to
exercise the franchise rights in the Town of Avon, such order becoming effective on the 23rd
day of December, 1980; and
WHEREAS, the existing franchise will expire on the 23rd day of December, 2000;
and
WHEREAS, the Town of Avon and Holy Cross are now in the process of negotiating
a new franchise; and
WHEREAS, the Town of Avon desires to temporarily extend the current franchise to
Holy Cross until March 31, 2001; and
WHEREAS, the Town of Avon finds that the adoption of this Resolution is necessary
for the preservation of the public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Temporary Extension of Franchise. The franchise granted to Holy Cross
under the terms and conditions of Ordinance No. 80-20, Series of 1980, is hereby extended
until March 31, 2001.
ADOPTED this _ day of , 2000.
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
2
I
MEMORANDUM
November 7, 2000
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Charles Moore, Fire Chief
Re: Professional Services Contract - Fire i g
The department has budgeted to hire an outside training facilitator to
develop a course on tactical fire operations, strategy and tactics issues with staff.
The contract amount is $3,750.
Recommended Action:
Authorize the Mayor to sign the agreement.
I
INSOURCE 16869 S.W. 65 Ave. #352
Lake Oswego Or. 97035
206-321-0979
erconsult@aol.com
Inc. s
October 30, 2000
John McCaulley, Deputy Chief
Avon Fire Department
PO Box, 7980
Avon, CO 81620-7980
Dear Chief McCaulley:
Thank you for the opportunity to make a proposal to the Avon Fire Department to
conduct a strategy and tactics training sessions to include using the tabletop
simulator, videos, handouts, and lecture materials.
INSOURCE proposes to deliver to the Avon Fire Department three days of strategy
and tactics training using the tabletop simulator. Our instructor will use a series of
modules designed to assure student success by building on lessons learned through
life and classroom interaction. In each session participants will learn concepts and
practice essential skills seldom practiced outside the live fire environment.
Instructional materials are based on the Managing Company Tactical Operations
(MCTO) curriculum as developed by the U.S. National Fire Academy. The students
will have an opportunity to practice new and existing skills on incidents ranging from
initial response to multiple alarm scenarios using the tabletop simulator.
The cost for the three days of instruction and training using the tabletop simulator is
$3,750.00 plus expenses. A master of all student materials will be provided to you
for duplication two weeks prior to the class. The training date scheduled with Stewart
Rose is November 27-29, 2000.
Because of the interactive nature of the class, we suggest that you limit enrollment to
about 35 students. Larger groups reduce the opportunity for individual student
participation and reduce the educational experience.
As in everything we do, your satisfaction is our goal and guarantee. We are
including references experienced with our training services, which we highly
encourage you to contact.
We look forward to working with the Avon Fire Department. If this proposal meets
with your expectations, please sign and return the enclosed contract agreement. For
INSOURSE INC. Your inside source for emergency services training and consulting
1 • Page 2 October 30, 2000
further information on any of the services INSOURCE offers or scheduling classes,
please contact Stewart Rose at serconsult(cD-aol.com or 1-206-321-0979.
Sincerely,
Stewart-E- Rose--
instructor--
INSOURSE INC. Your inside source for emergency services training and consulting
• Page 3
REFERENCES
King County Washington Training Officers
Battalion Chief Mark Emery
13316 186 Avenue N.E.
Woodinville, WA 98072
(206) 402-1311
Palm Beach County Training Officers
Val Williams
14138 Leeward Way
Palm Beach Gardens, FL 33408
(407)-622--3370
Utah Fire & Rescue Academy
Mr. Ray Brown
3131 Mike Jense Parkway
Provo, UT 84601
(801) 764-7700
Tualatin Valley Fire & Rescue
Mr. Jeff Johnson, Fire Chief
20665 S.W. Blanton Street
Aloha, OR 97007
(503) 649-8577
Idaho Division of Vocational Education
Jerry Schroder, Emergency Services Program Manager
P. O. Box 83720
Boise, ID 83720-0095
(208) 334-3216
City of Yakima Fire Department, WA
Mr. Al Gillespie, Fire Chief
401 North Front Street
Yakima, WA 98901
(509) 575-6060
Note: Additional references and a complete client list is available upon request.
October 30, 2000
INSOURSE INC. Your inside source for emergency services training and consulting
• Page 4
STEWART E. ROSE
Biographical Sketch
PERSONAL
• Marred; Four children
• Resides in Seattle, Washington
October 30, 2000
EDUCATIONAL BACKGROUND
• Executive Development Series National Fire Academy
• Fire Command Administration - Seattle Community College
• Advanced Management Program - City of Seattle & University of Washington
• Senior Managers Institute - City of Seattle & University of Washington
PROFESSIONAL EXPERIENCE
• Volunteer Firefighter - 12 years combined experience at Snohomish Co. District No.
1, King County District No. 41 & King County District No. 13 (Washington)
• Seattle Fire Department - 29 years (Retired Deputy Chief)
• Scope of duties included: Operations - Training - Safety - Fire Prevention - Fire
Investigation - EMS
MISCELLANEOUS EXPERIENCE
• Fire Service Coordinator - Bellevue Community College
• Fire Service Instructor - Washington State Community College System
• Adjunct Faculty Member - US Fire Academy
• Co-Chair National Fire Academy Region X Trade
• International Association of Fire Chiefs
• Washington State Fire Chiefs Association
• King County Fire Chiefs
• Management Consultant - Private Research Companies
• Regional Manager Emergency Services Consulting Group
• Public & Private Legal Counsel
ASSOCIATED PROFESSIONAL ACCOMPLISHMENTS
• School Board Member & President - Christ the King Academy
• Church Board Member, Building Committee Chairman
• Contractor - Builder
• Listed "Who's Who in the West"
• Guest speaker and lecturer in 40 states, three foreign countries -
• Author of Professional Publications
• Developer of several video training programs
• Committee member Washington State Standards & Accreditation Group
• Washington State Master Plan Training Chairman
• International Association of Fire Chiefs - ICS/FGC Consolidation Committee
• Development Facilitator Passport Accountability System
• Numerous Fire Service Committees
• Co-Owner In-Source Consulting Group
INSOURSE INC. Your inside source for emergency services training and consulting
Page 1 October 30, 2000
PROFESSIONAL SERVICES CONTRACT
THIS AGREEMENT made and entered into this day of 2000, by
and between the Avon Fire Department (hereinafter referred to as the "CLIENT"), and
INSOURCE, a Washington corporation (hereinafter referred to as "CONTRACTOR");
WHEREAS, Client has determined a need to provide consulting services and/or
training,
NOW, THEREFORE, in consideration of the mutual promises and obligations
hereinafter set forth, the parties hereto agree as follows:
A. The CONTRACTOR agrees to deliver 3 days of strategy and tactics training to
include using the tabletop simulator, videos, and lecture materials with content to
cover the following:
- Fire behavior
- Types of construction and basic building construction issues
- Fire Spread
- Fire ground communications
- Basic accountability
- Action planning
- Basic ICS
B. The CONTRACTOR agrees to provide to the CLIENT a master copy of student
notes and instructions for the burn prop, seven days prior to the class.
C. All obligations and services of the CONTRACTOR undertaken pursuant to this
Agreement shall be performed diligently and completely in accordance with
professional standards of conduct and performance.
D. All work shall be satisfactorily completed on or before November 29, 2000. The
training dates scheduled are November 27-29, 2000.
E. The time period for performance shall be extended by the amount of time that
the CONTRACTOR is unable to proceed because of a delay solely attributable to
the CLIENT, provided that the CONTRACTOR advises the CLIENT of the delay
as soon as is practicable.
111. Compensation and Payment.
A. The CLIENT shall pay the CONTRACTOR the sum of $3750, plus expenses,
for the services performed under this contract. Such payment shall be the total
compensation for all work performed under this Agreement, including but not
limited to all labor, materials and supplies, incidental expenses, subcontractor's
fees, reimbursable expenses, and equipment expenses.
INSOURSE INC. Your inside source for emergency services training and consulting
I Page 2
October 30, 2000
B. The CONTRACTOR shall be eligible for payment after the performance of all
services under this contract. The CONTRACTOR shall submit an original written
invoice, with necessary and appropriate documentation as determined by the
CLIENT, for work completed during the previous month.
C. Payment will be considered timely if made within 30 days of receipt of a properly
completed invoice.
D. All payments shall be subject to adjustment for any amounts, upon audit or
otherwise, determined to have been improperly invoiced.
E. In the event the CONTRACTOR fails to pay any taxes, assessments, penalties,
or fees imposed by any governmental body, including a court of law, then the
CONTRACTOR authorizes the CLIENT to deduct and withhold or pay over to the
appropriate governmental body those unpaid amounts upon demand by the
governmental body. It is agreed that this provision shall apply to taxes and fees
imposed by Clients ordinance. Any such payments shall be deducted from the
CONTRACTOR'S total compensation.
III. Termination of Agreement.
A. The CLIENT may terminate this Agreement at any time, with or without cause, by
giving 10 days notice to the CONTRACTOR in writing. In the event of
termination, all finished and unfinished work prepared by the CONTRACTOR
pursuant to this Agreement shall be provided to the CLIENT. In the event the
CLIENT terminates this Agreement prior to completion without cause, the
CONTRACTOR may complete such analyses and records as may be necessary
to place its files in order, and as mutually agreed to by the parties. The
CONTRACTOR shall be entitled to receive just and equitable compensation for
satisfactory work completed prior to the date of termination, not to exceed the
total compensation set forth herein.
B. The CLIENT may suspend this Agreement, at its sole discretion, upon one
week's advance notice to the CONTRACTOR. Such notice shall indicate the
- anticipated period of suspension. Any reimbursement for expenses incurred due
-to the suspension shall be limited to the CONTRACTOR'S reasonable expenses,
and shall be subject to verification. The CONTRACTOR shall resume
performance of services under this Agreement without delay when the
suspension period ends.
C. Neither party shall be considered to be in default in the performance of this
Agreement to the extent that performance is prevented or delayed by any cause,
which is beyond the reasonable control of the affected party.
INSOURSE INC. Your inside source for emergency services training and consulting
Page 3
IV. Rights in Data and Publications.
October 30, 2000
A. Data, which is developed pursuant to this Agreement, shall be "works for hire" as
defined by the U.S. Copyright Act of 1976, as amended, and shall be owned by
the CLIENT. Pursuant to U.S.C. § 201, the CLIENT will be deemed the author of
the data and will own all copyrights in the data. "Data" shall mean all work
product to be provided by the CONTRACTOR under this Agreement and shall
include, but not be limited to, draft and final reports, documents, pamphlets,
advertisements, books, magazines, surveys studies, computer programs, films,
tapes and/or sound reproductions. The CONTRACTOR shall obtain the
CLIENT'S written approval prior to the publication of any results of studies and/or
services performed or to be performed for any purpose other than for Clients
use. This provision shall not apply to any data that is developed independent of
this Agreement.
B. Methodology and logic systems developed under this Agreement are the
property of the CONTRACTOR and the CLIENT, and may be used as either
sees fit, including the right to revise or publish the same without limitation.
C. The CONTRACTOR shall be solely responsible for obtaining releases for the
performance, display, recreation, or use of copyrighted materials.
V. Contract Administration and Management.
A. The signer of this contract for the CLIENT shall have primary responsibility for
administering and approving services to be performed by the CONTRACTOR,
and shall coordinate all communications between the CONTRACTOR and the
CLIENT.
B. Any and all notices affecting or relative to this Agreement shall be effective if in
writing and delivered or mailed, postage prepaid, to the respective party being
notified at the address listed with the signature of this Agreement.
C. The CONTRACTOR, at such times and in such form as the CLIENT may require,
shall furnish the CLIENT with periodic reports pertaining to the work and services
undertaken pursuant to this Agreement. The CONTRACTOR will make available
to the CLIENT all work-related accounts, records and documents for inspection,
auditing, or evaluation during normal business hours in order to assess
performance, compliance and/or quality assurance under this Agreement.
D. The CONTRACTOR shall comply with all applicable federal, state and local laws,
ordinances, rules and regulations.
E. The CONTRACTOR shall not assign, subcontract, delegate, or transfer any
obligation, interest or claim to or under this Agreement or for any of the
compensation due hereunder without the prior written consent of the CLIENT.
INSOURSE INC. Your inside source for emergency services training and consulting
Page 4 October 30, 2000
VI. Independent Contractor Status.
A. The CONTRACTOR is and shall be at all times during the term of this
Agreement an independent contractor and not an employee of the CLIENT.
B. The CONTRACTOR acknowledges that it is responsible for the payment of all
charges and taxes applicable to the services performed under this Agreement,
and the CONTRACTOR agrees to comply with all applicable laws regarding the
reporting of income, maintenance of insurance and records, and all other
requirements-and- obligations imposed-as--a-resultof-the-CONTRACTOR'S status
as an independent contractor. If the CLIENT is assessed, liable or responsible
-,in arty nanner for those charges or taxes, the CONTRACTOR agrees to hold the
CLIENT harmless from those costs, including attorney's fees.
C. The CONTRACTOR shall provide at its sole expense all materials, office space,
and other necessities to perform its duties under this Agreement, unless
otherwise specified in writing.
D. This Agreement shall be for the sole benefit of the parties hereto, and nothing
contained herein shall create a contractual relationship with, or create a cause of
action in favor of, a third party against either party hereto.
VII. Indemnification.
A. The CONTRACTOR shall indemnify, defend, and hold harmless the CLIENT, its
officials, officers, agents, employees, and volunteers, from any and all claims,
demands, damages, lawsuits, liabilities, losses, liens, expenses and costs arising
out of the subject matter of this Agreement; provided that this provision shall not
apply to the extent that damage or injury results from the fault of the CLIENT, or
its officers, agents, or employees. The term "fault" as used herein shall have the
same meaning as set forth in RCW 4.22.015, as that statute may hereafter be
amended.
B. The CONTRACTOR specifically assumes potential liability for actions brought by
the CONTRACTOR'S own employees against-the CLIENT and, solely for the
purpose of this indemnification and defense, the CONTRACTOR specifically
waives any immunity under the state industrial insurance law.
C. These indemnifications shall survive the termination of this Agreement.
D. A waiver or failure by either party to enforce any provision of this Agreement
shall not be construed as a continuing waiver of such provisions, nor shall the
same constitute a waiver of any other provision of this Agreement.
INSOURSE INC. Your inside source for emergency services training and consulting
Page 5 October 30, 2000 1
VIII. Non-discrimination.
The CONTRACTOR agrees to take all steps necessary to comply with all federal, state,
and Clients laws and policies regarding non-discrimination and equal employment
opportunities. The CONTRACTOR shall not discriminate in any employment action
because of race, creed, color, national origin, marital status, sex, age, or the presence
of any sensory, mental or physical handicap. In the event of non-compliance by the
CONTRACTOR with any of the non-discrimination provisions of this Agreement, the
CLIENT shall be deemed to have cause to terminate this Agreement, in whole or in
part.
IX. Conflict of Interest.
No officer, employee or agent of the CLIENT, nor any member of the immediate family
of any such officer, employee or agent as defined by Clients ordinance, shall have any
personal financial interest, direct or indirect, in this Agreement, either in fact or in
appearance. The CONTRACTOR shall comply with all federal, state, and Clients
conflict of interest laws, statutes and regulations. The CONTRACTOR represents that
the CONTRACTOR presently has no interest and shall not acquire any interest, direct
or indirect, in the program to which this Agreement pertains which would conflict in any
manner or degree with the performance of the CONTRACTOR'S services and
obligations hereunder. The CONTRACTOR further covenants that, in performance of
this Agreement, no person having any such interest shall be employed.
X. Interpretation and Venue.
A. Washington State law shall govern the interpretation of this Agreement. The
State of Washington shall be the venue of any arbitration or lawsuit arising
out of this Agreement.
B. If one or more of the clauses of this Agreement is found to be unenforceable,
illegal or contrary to public policy, the Agreement will remain in full force and
effect except for the clauses that are unenforceable, illegal or contrary to
public policy.
INSOURSE INC. Your inside source for emergency services training and consulting
I Page 6
October 30, 2000
C. This Agreement constitutes the complete and final agreement of the parties,
replaces and supersedes all oral and/or written proposals and agreements
heretofore made on the subject matter, and may be modified only by a writing
signed by both parties.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
day and year first written above.
CLIENT
John McCaulley, Deputy Chief
Avon Fire Department-
PO Box, 7980
Avon, CO 81620-7980
CONTRACTOR
INSOURCE Inc
Tax ID# 91-1673762
St wart Rose
Instructor
16869 S. W. 65 Ave. #352
Lake Oswego, OR 97035
Judy Yoder, Town of Avon Mayor
Kris Nash, Town Clerk
INSOURSE INC. Your inside source for emergency services training and consulting
Page 7 October 30, 2000 1
EXHIBIT "A"
SCOPE AND SCHEDULE OF WORK
The work to be performed under this contract includes the following services:
Delivery of three days of strategy and tactics training on November 27-29, 2000 to
include using the tabletop simulator, videos, handouts, and lecture materials with
content to cover the following:
Fire behavior
Types of construction and basic building construction issues
• Fire Spread
• Fire ground communications
• Basic accountability
• Action planning
• Basic ICS
INSOURSE INC. Your inside source for emergency services training and consulting
i'
SERVICE AGREEMENT
This agreement is made and entered into this day of , 2000 by and between
Vail Associates, Inc., a Colorado corporation whose address is P.O. Box 7, Vail, Colorado, 81658
(hereafter know as "VAI") and the Town of Avon whose address is P.O. Box 1726, 500 Swift
Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor").
RECITAL
In consideration of the obligation of VAI to pay the Contractor as herein provided and in
consideration-of-the-other terms.and conditions hereof, the parties agree as follows:
Contractor Services: Contractor will, during the term of this Agreement, provide:
(a) Routine maintenance and preventive maintenance ("Routine Maintenance") of
the Beaver Creek Resort Company buses which are operated by VAI. Service
will be performed on approximately 31 buses or other vehicles, although the
number of buses serviced may be increased or decreased in VAT's sole
discretion. Routine Maintenance will be performed at lease every 3,000 miles or
250 hours of use. Routine Maintenance shall consist of those services outlined
in Exhibit A attached hereto.
(b) Repair and replacement work as requested by VAI. No payment for any repair or
replacement work shall be due unless VAI ahs approved of such charges.
Services may be commenced with verbal approval by VAI of a written estimate
submitted by Contractor. Repair and Replacement work consists of the following
types of work, including without limitation, transmissions repairs, engine repairs,
rear end repairs and any work or repairs exceeding $2,000.00. VAI
acknowledges that subcontractors will perform certain repair work. Contractor
shall be responsible for assuring that all such subcontracted work will be
performed promptly and in accordance with the terms and conditions of this
Agreement.
(collectively the "Services")
2. Facilities: Contractor represents that it's facilities are in good repair and
adequately equipped and that it has a sufficient staff to perform all work in a
timely manner. All Routine Maintenance shall be completed within 24 hours of
any vehicle being brought to Contractor's facility.
3. Compensation: In consideration of Contractor's services during the term of this
Agreement, VAI will pay Contractor $80.00 per hour for repair and replacement
work. Materials and sublet work shall be charged at cost plus ten percent.
Invoice shall be issued by the 10th of each month for services performed the
previous month. Payment shall be remitted within ten (10) days of receipt of
invoice.
4. Terms and Termination: This Agreement will be effective as of October 1, 2000
and will terminate on September 30, 2001 unless Contractor fails to substantially
perform the duties and obligations in accordance herewith. In such an event, VAI
may terminate this Agreement upon seven (7) days written notice to the
Contractor, unless Contractor cures the breach within the Seven (7) day remedy
period. Either party may terminate this Agreement without cause upon 30 Days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of
independent contracting parties, and nothing herein shall be deemed or
construed by the parties hereto or by any third party as creating a relationship of
principal and agent or partnership, or of a joint venture between the parties.
Contractor shall be solely responsible for any tax, withholding or contribution
levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are
otherwise made available by VAI to its employees. Contractor shall provide VAI
an original of its Form W-9 (Request for Taxpayer Identification Number of
Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and
workmanlike manner. Contractor shall promptly correct any defective work.
Assignment: Contractor's duties hereunder requires particular expertise and
skills, and may not be assigned to any third party without the expressed written
consent of VAI, and any attempt to do so shall render this Agreement null and
void and no effect as respects the assignee (s) and shall constitute an event of
default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/
or conditions hereof shall not be deemed a waiver of such term, covenant, or
condition, nor shall any waiver or relinquishment of any right or power hereunder
at any time or more times be deemed a waiver or relinquishment of such right or
power at any other time or times.
Benefit: The terms, provisions, and covenants contained in this Agreement shall
apply to, inure to the benefit of and be binding upon the parties hereto and their
respective heirs, successors in interest, and legal representatives except as
otherwise herein expressly provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the
interpretation, validity, performance and enforcement of this Agreement. If any
provision of this Agreement shall be held to be invalid or unenforceable, the
validity and enforceability of the remaining provisions of this Agreement shall not
be affected thereby.
11. Modification: This Agreement contains the entire agreement between the
parties, and no agreement shall be effective to change, modify, or terminate in
whole or in part unless such agreement is in writing and duly signed by the party
against whom enforcement of such change, modification, or termination is
sought.
M
e
EXECUTED this 14 day of c1I/rl 2000.
VAIL ASSOCIATES, INC.
A Colorado Cor oration
By:
EXECUTED this day of- -,-2000. -
TOWN OF AVON
By:
EXHIBIT A
"A" PM 3,000 miles or $80.00 hr.
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $80.00 hr.
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
October 1, 2000.
Dial-A-Ride Vehicle Inventory
VEH. # DESCRIPTION PLATE# PLATE EXP. INS. EXP. YEAR VIN # OWNER PURCHASE DATE REPLACEMENT DATE service
100 TERRA TRANSIT 07/3112000 2001 1 FDXE45S7YHB82726 BCMD 09/2212000 09122/2003 in service
101 TERRA TRANSIT 07131/2000 2001 1FDXE45S9YHB82727 BCMD 09/22/2000 09/22/2003 in service
102 TERRA TRANSIT 07/31/2000 2001 1FDXE45SOYHB82728 BCMD 09/22!2000 -. " 09122/2003 in service
103 TERRA TRANSIT 07131/2000 2001 1FDXE45S2YHB82729 -BCMD 09/22/2000 09/22/2003 in service
104 TERRA TRANSIT 07/31/2000 2001 1FDXE45S9YHB82730 BCMD 09/22/2000 09/22/2003 in service
105 TERRA TRANSIT 07/31/2000 2001 IFDXE45SOYHB82731 BCMD 09/2212000 09/22/2003 in service
106 TERRA TRANSIT 07/31/2000 2001 1FDXE45S2YHB82732 BCMD 09/2212000 09/22/2003 in service
107 TERRA TRANSIT Jul-00 2001 IFDXE45S4YHB82733 BCMD 09/22/2000 09/22/2003 In service
108 TERRA TRANSIT 07/31/2000 2001 1FDXE45S6YHB82734 BCMD 09/22/2000 09/22/2003 in service
109 TERRA TRANSIT 07131/2000 2001 1FDXE45S8YHB82735 BCMD 09/2212000 09/22/2003 in service
110 TERRA TRANSIT 07/31/2000 2001 1FDXE45SXYHB82736 SCMD 09/22/2000 09/2212003 in service
111 TERRA TRANSIT 07/31/2000 2001 IFDXE45SXYHB82737 SCMD 09/22/2000 09/2212003 in service
112 SUBURBAN 07/3112000 2001 3GNFK16T71G127988 BCMD 09129/2000 09/29/2003 in service
113 SUBURBAN 07/31/2000 2001 3GNFK16T81G128664 BCMD 09/29/2000 09/29/2003 in service
114 SUBURBAN 07/31/2000 2001 3GNFK16T91G128821 BCMD 09/29/2000 09/29/2003 in service
115 SUBURBAN 07/31/2000 2001 3GNFK16T61G136293 BCMD 09/29/2000 09129/2003 in service
116 SUBURBAN 07131/2000 2001 3GNFK16T41G136356 BCMD 09/29/2000 09/29/2003 in service
781 METROTRANS EMF7693 07/31/00 07/31/00 97 1FDLE40S4VHA42022 SCMD 11/01/1997 11101/2000 in service
896 TERRA TRANSIT EMG5493 07/31/00 07/31/00 98 1FDXE40S9WHAO7494 BCMD 11/01/1998 11/01/2001 in service
897 TERRA TRANSIT EMG5495 07/31/00 07/31/00 98 IFDXE40SOWHAO7495 BCMD 11/01/1998 11/01/2001 in service
898 TERRA TRANSIT EMG5492 07/31/00 07/31/00 98 IFDXE40SOWHB99095 BCMD 11/01/1998 11101/2001 in service
899 TERRA TRANSIT EMG5494 07/31/00 07/31/00 98 1FDXE4OS4WHB99097 BCMD 11/01/1998 11/0112001 in service
889 TERRA TRANSIT EMG2865 07131/00 07/31/00 98 1FDXE40S2WHB99096 AHMD 11/01/1998 11101/2001 in service
891 SUBURBAN EMG5498 07/31/00 07/31/00 98 3GNFK16R7WG118509 BCMD 11/01/1997 11/0112000 in service
892 SUBURBAN EMG5497 07/31100 - 07/31/00 98 3GNFK16RXWGI18570 BCMD- - 11/01/1997 11/01/2000 in service
993 EXPEDITION EMG1513 07/31/00 07131/00 99 1FMPU18L5WLB91442 BCMD 11/01/1998 N/A in service
994 EXPEDITION EMG1516 07/31/00 07131/00 99 1FMPU18L7WLB91443 BCMD 11101/1998 N/A in service
995 EXPEDITION EMG1518 07131/99 07/31/00 99 1FMPU18L9WLB91444 BCMD 11/01/1998 NIA in service
996 EXPEDITION EMG1515 07131199 07/31100 99 1FMPU18LOWLB91445 BCMD 11/01/1998 N/A in service
989 TERRA TRANSIT EMH1453 07/31/00 07/31/00 0 1FDXE4OS4XHB45817 BCMD 12/02/1999 11/01/2002 in service
988 TERRA TRANSIT EMH1459 07/31/00 07/31/00 0 1FDXE40SYXHC19225 SCMD 12/02/1999 11/01/2002 in service
987 TERRA TRANSIT EMH1458 07131100 07/31/00 0 IF DXE40S1XHC19226 BCMD 12/07/1999 11/01/2002 in service
990 SUBURBAN EMG1681 07/31/00 07/31/00 99 3GNFK16R4XG153316 BCMD 11/01/1998 11101/2001 in service
991 SUBURBAN EMG1684 07/31/00 07131100 99 3GNFK16R2XG154397 BCMD 11/01/1998 11101/2001 in service
992 SUBURBAN EMG1680 07/31/00 07/31/00 99 3GNFK16RIXG154410 BCMD 11101/1998 11/01/2001 in service
939 SUBURBAN EMH1648 07/31/00 07/31/00 99 3GNFK16R7XG224673 BGMD in service
998 SUBURBAN EMG1536 07/31/00 07/31/00 99 3GNFK16R3XG173279 BGMD in service
Vail Resorts, Inc. Confidential 11/01/2000 Pape 1
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer??
Anne Martens Engineer I 9&11-
Date: November 9, 2000
Re: Wildridge Entry - Lighting Options
Summary:
The Engineering Department has researched the options for lighting the Wildridge Entry
Sign. The two options are either to run electric power from the nearest power source (750
feet) and install a panel and lights or to install solar powered lighting system. The cost to
install the electric power is as follows:
Installation of 100 amp panel at the Entry Sign.
Bore under Wildridge Road and run,
750 feet of wire to connect to power
source. Setting of meter.
Installation of Light Fixtures
Contingency
Total
The cost to install solar powered lights is as follows:
Solar powered light system with
battery box, battery, timer controller, solar
panel(s) and LED lights.
Installation of Solar powered light system
Contingency
Total
$10,300
$ 3,000
1,300
$14,600
$ 3,500
$ 2,500
$ 750
$ 6,250
The cost of either of the options can be covered in the current project budget. The
benefit of installing the permanent electric power is that there should be minimal
maintenance costs and there will be an outlet to utilize if necessary. There will also be
additional electric available to be utilized in the future. There are also several more
I:AEngineering\CIP\Wildridge Entry\3.0 DesignTighting Option.Doc I
options of lights available with this option. However, based on our past experience the
delivery time on the lights may be several months. The work to extend the power to the
sign can be completed this year.
One of the benefits of installing the solar power is that the initial cost is less than
extending electric to the site. Some of the negative components of the solar power option
is maintenance can be expensive and timely, the lights available are not ideal for this
application, and the solar panels can be viewed as unattractive. The lighting may be
limited to as much as 4 hours, depending on weather and the time of year.
Based on our evaluation of the two options, we recommend that electric power
service be extended to the Wildridge Entry Sign.
Recommendation: Authorize staff to proceed with the installation of
electric power service to the Wildridge Entry Sign.
Town Manager Comments:
1:AEngineering\CIP\Wildridge Entry\3.0 Design\Lighting Option.Doc 2
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer %?
__ Date: November 9, 2000
Re: West Beaver Creek Boulevard Streetscape Improvements
Change Orders 13, 14, 15, 16 and 17
S u m m a rY: Attached Change Orders 13, 14, 15, 16 and 17 for the West
Beaver Creek Boulevard Streetscape Project represent minor changes required to address
clarification of the construction plans and actual conditions encountered in the field.
Change Order Number 13 adds a barrel adjustment for an electric vault to adjust rim to
grade. Change Order Numbers 14 and 15 add minor asphalt additions to correct drainage
problems and complete pedestrian connections and Change Order Number 14 also extends
the Contract Completion Date by 12 calendar days. Change Orders Number 16 and 17
adjust Plan Quantities to reflect field measurements and-actual quantities installed, reduces
contract prices to compensate for minor quality issues and Change Order Number 17
extends Contract'Completion Date by 18 calendar days to November 17, 2000.
The cost of these Change Orders is summarized as:
Change Order No. 13
Change Order No. 14
Change Order No. 15
Change-Order No. 16
Change Order No. 17
Total All Change Orders
Add $ 1,654.00
Add 2,055.00
Add 691.50
Add 4,709.40
Delete < 36,128.05>
Delete <$ 27,018.15>
The net effect of these Change Orders is to decrease the Contract Amount from
$ 653,003.70 to $ 625,985.55 and extend the completion date by 30 calendar days to
_____Novzmber L7_,._2000___Change Order Number 17 should be the final change order for this
project with the Final Contract Amount being $ 1,928.95 less than the original Project Bid.
I:\Engineering\CIP\W Bvr CK Blvd\4.0 CmA Docs\4.5 Change orders\Meano 13 Thm 17-Doe 1
Approval of Change Orders 13, 14, 15, 16 and 17 to the Meldor Construction, Inc.
contract for construction of the West Beaver Creek Boulevard Streetscape Improvements
is recommended, decreasing the Contract amount $ 27,018.15 from $ 653,003.70 to
$ 625,985.55 and extending the contract completion date 30 calendar days to November
17, 2000.
Recommendations: Approve Change Orders 13, 14, 15, 16 and 17 to the
Meldor Construction, Inc. contract for construction of the West Beaver Creek Boulevard
Streetscape Improvements, decreasing the Contract amount $ 27,018.15 from
$ 653,003.70 to $ 625,985.55 and extending the contract completion date 30 calendar days
to November 17, 2000.
Town Manager Comments:
1:\Engineering\CIP\W Bvr CK Blvd\4.0 Const DocsA5 Change orders\Merno 13 Thm 17.Doc 2
CHANGE ORDER
NAME OF PROJECT
Order No.: 13
Date: 10-24-00
Agreement Date:
West Beaver Creek Boulevard Street Improvements
OWNER. Town of Avon
CONTRACTOR: Meldor Construction Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS: Add one (1) barrel
rise for electric vault left of about sta. 5+60.
Justification: Elevation difference too great for rim adjustment.
Change to CONTRACT PRICE: $ 1,654.00
Original CONTRACT PRICE: $ 627,914.50
Current CONTRACT PRICE adjusted by previous CHANGE ORDER 653,003,70
The CONTRACT PRICE due to this CHANGE ORDER will be increased by
$_1,654.00
The new CONTRACT PRICE including this CHANGE ORDER will be $_654,657.70
Change to CONTRACT TIME:
The CONTRACT TIMIE will be (increased) by 0_ calendar days.
The date for completion of all work will be -October 18, 2000
APPROVALS REQUIRED -
Approved by Engineer:
(Date).
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-1
CHANGE ORDER
Order No.: 14
Date: 10-24-00
Agreement Date:
NAME OF PROJECT: West Beaver Creek Boulevard Street Improvements
OWNER: Town of Avon
CONTRACTOR: Meldor Construction Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS: Re-mobililze
paving contractor, place asphalt path connection between sidewalk end and highway shoulder
right of about sta. 0+40, place asphalt (hand compaction) between pavement edge and sidewalk
beneath guard rail right of about sta. 8+00 to 8+75.
Justification: Requested by Town staff.
Change to CONTRACT PRICE: $ 2,055.00
Original CONTRACT PRICE: $ 627,914.50
Current CONTRACT PRICE adjusted by previous CHANGE ORDER _654,657.70
The CONTRACT PRICE due to this CHANGE ORDER will be increased by
$_2,055.00.
The new CONTRACT PRICE including this CHANGE ORDER will be $
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) by 12_ calendar days.
The date for completion of all work will be -October 30, 2000
APPROVALS REQ
Approved by Engine
(Date).
Accepted by Contractor: --
Accepted and Approved by Owner:
656,712.70
Federal Agency Approval (where applicable):
CHANGE ORDER
Order No.: 15
Date: 10-24-00
Agreement Date:
NAME OF PROJECT: West Beaver Creek Boulevard Street Improvements
OWNER: Town of Avon
CONTRACTOR Meldor Construction Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS: Place asphalt in
drive right of Millie Lane ahead of sta. 1+29 to minimize sump. Feather edges at edge of road and
parking lot.
Justification: Requested by Town staff.
Change to CONTRACT PRICE: $ 691.50
Original CONTRACT PRICE: $ 627,914.50
Current CONTRACT PRICE adjusted by previous CHANGE ORDER 656,712.70
The CONTRACT PRICE due to this CHANGE ORDER will be increased by,
$ 691.50
The-new , CONTRACT_PRICE,including,this CHANGE ORDER will be $_657,404.20
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) by 0_ calendar days.
The date for co pletion.of all work will be -October 30, 2000
APPROVALS REQ
(Date).
Approved by Engineer: U// IV V
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-1
CHANGE ORDER
Order No.: 16
Date: 10-24-00
Agreement Date:
NAME OF PROJECT: West Beaver Creek Boulevard Street Improvements
OWNER: Town of Avon
CONTRACTOR: Meldor Construction Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS: Add 282 l.f curb
and gutter at contract unit price.
Justification: Curb and gutter field measure does not match bid schedule.
Change to CONTRACT PRICE: $ 4,709.40
Original CONTRACT PRICE: $ 627,914.50
Current CONTRACT PRICE adjusted by previous CHANGE ORDER 657,404.20
The CONTRACT PRICE due to this CHANGE ORDER will be increased by
$_4,709.40
The new CONTRACT PRICE including this CHANGE ORDER will be $_662,113.60
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) by 0_ calendar days.
The date for completion of all work will be October 30, 2000
APPROVALS
Approved by E
(Date).
Accepted by Contractor.
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-1
W
CHANGE ORDER
Order No.: 17
Date: 10-31-00
Agreement Date:
NAME OF PROJECT: West Beaver Creek Boulevard Street Improvements,
OWNER: Town of Avon
CONTRACTOR: Meldor Construction Inc.
The following changes are hereby made to the CONTRACT DOCUMENTS: Add 1 street light
at contract unit price. Deduct 8.5 hours potholing, 9 ea. Manhole adjust (grade rings), 6 ea. Valve
adjust, 260 l.f. reset split rail fence, 4 ea. Reset ground sign, 509 C.Y. Class 6 Aggregate Base,
243.77 Tons HBP, 621.f. sidewalk, and 2 ea. Traffic control signs at contract unit prices. Deduct
$1,000.00 from the overall contract amount for asphalt surface issues. Deduct $4,596.75 from
overall contract amount for unacceptable striping.
Justification: Field measure does not match bid schedule or quality issues.
Change to CONTRACT PRICE: $ -36,128.05
Original CONTRACT PRICE: $ 627,914.50
Current CONTRACT PRICE adjusted by previous CHANGE ORDER 662,113.60
The CONTRACT PRICE due to this CHANGE ORDER will be decreased by $ 36,128.05_
The new CONTRACT PRICE including this CHANGE ORDER will be $_625,985.55
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) by 18_ calendar days.
The date for completion of all work will be November 17, 2000
APPROVALS
Approved by E
(Date).
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-1