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TC Ord. No. 1981-26• 0 ORDINANCE No. 81-26 SERIES OF 1981 AN ORDINANCE CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS THE "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT;" DESIGNATED BY THE SHORT TITLE "MALL DISTRICT CREATION ORDINANCE;" CREATING SAID DISTRICT; RATIFYING ACTION HERETOFORE TAKEN; FINDING SATISFACTORY THE REVISED AND DETAILED ESTIMATE OF COST, FULL AND DETAILED PLANS AND SPECIFICATIONS, AND THE REVISED MAP AND ASSESS- MENT PLAT, ALL HERETOFORE PRESENTED IN CONNEC- TION WITH THE DISTRICT; PRESCRIBING THE EXTENT OF THE DISTRICT, THE KIND AND LOCATION OF THE MALL AND PARK IMPROVEMENTS PROPOSED, THE AMOUNT OR PROPORTION OF THE TOTAL COST TO BE DEFRAYED BY ASSESSMENTS, THE METHOD OF LEVYING ASSESS- MENTS, AND THE NUMBER OF INSTALLMENTS AND THE TIMES IN WHICH THE COSTS ASSESSED WILL BE PAY- ABLE; ORDERING SUCH IMPROVEMENTS TO BE MADE BY INDEPENDENT CONTRACT; AND PRESCRIBING DETAILS IN CONNECTION WITH SUCH MATTERS. WHEREAS,the Town of Avon (the "Town"), in the County of Eagle, and State of Colorado, is a municipal corporation duly orga- nized and existing under Article XX of the Constitution of the State of Colorado; and WHEREAS, the Town's Charter (the "Charter") was duly adopted at a special election held in the Town on June 13, 1978; and WHEREAS, pursuant to the Charter of the Town and to the laws of the State, the Council of the Town (herein the "Council"), did adopt Ordinance No. 81-24 (the "Enabling Ordinance"), read, passed and approved the 28th day of July, 1981, relating to local improve- ments and the financing thereof (the "Local Improvement Code"); and WHEREAS, by the adoption of Resolution No. 81-10 on July 28, 1981, and designated by the short-title "Mall-District Provisional Order Resolution", the Town Council of the Town of Avon, pursuant to its Charter and the Enabling Ordinance, adopted the pre- liminary plans and specifications, and other documents prepared by Denton, Harper, Marshall and Associates, Inc. (herein the "Architects"), consulting architects of Denver, Colorado, specially retained by the Town in connection with the proposed "Town of Avon, Colorado, Town Center Mall Improvement District" (herein the "District"); and WHEREAS, by such resolution the Council also prescribed the extent of the proposed District to be assessed, the kind of mall and park improvements proposed, the number of installments and the time in which the cost of the improvements will be payable, the probable cost as shown by the total estimate of the Architects, the amount or proportion of the total cost to be paid by other than special assessments, the methods of levying assessments, and the approximate amount or share of the portion of the total estimate to be assessed -8- against property specially benefited by the acquisition of the proposed mall and park improvements in the District; and WHEREAS, by such resolution the Council conditionally ordered that such improvements be made when the same have been autho- rized by ordinance; and WHEREAS, by such resolution the Council fixed a day, i.e., August 11, 1981, at 7:30 p.m., at the Town Council Chambers at the Town Hall, Avon, Colorado, upon which a hearing in respect to such improvements should be had; and WHEREAS, after the adoption of such resolution and giving notice, by publication in the Vail Trail, a newspaper of general cir- culation in the Town, and by mailing notice, postage prepaid, as first-class mail, at least 10 days prior to the hearing, to the last known address of each last known owner or owners of each tract within the proposed District whose property will be assessed for the cost of the improvements, the hearing was held at the designated time and place and full opportunity was afforded all property owners and other persons interested in such mall and park improvements, by written protest, or otherwise, to present their views; and WHEREAS, there were NO written protests.filed with the Town Clerk prior to the hearing against the making of the improvements proposed; and WHEREAS, NO verbal protests or objections were made at the'-hearing; and WHEREAS, the Council has duly considered each and every petition, protest, and objection, written or verbal, concerning the proposed District and all matters relating thereto, made by any owner of real estate therein or any other interested person; and WHEREAS, the Council has determined, and does hereby deter- mine that each such protest or objection is without merit, and has declared, and does hereby declare, the same to be overruled and hereby disposed of and finally passed on by the Council; and WHEREAS, the Council by the Mall District Protest Resolution adopted on August 11, 1981, determined to proceed with the proposed District, and directed the Architects to prepare and present to the Council a revised and detailed estimate of the total cost, full and detailed plans and specifications for proposed mall and park improvements and addendum thereto, a revised map, assessment plat and assessment roll showing the location of the mall and park improvements and the real property to the assessed therefor; and -9- WHEREAS, such estimate, plans and specifications, map, assessment plat and assessment roll have been prepared by the Architects and presented by them to the Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. This ordinance shall be known as and may be cited by the short title "Mall District Creation Ordinance." Section 2. There be, and hereby is, created and established within the corporate limits of the Town of Avon in the County and State, a local improvement district to be known and designated as the "Town of Avon, Colorado, Town Center Mall Improvement District," for the purpose of making certain local improvements and to assess sub- stantially all of the cost thereof to the property benefited thereby. Section 3. All action (not inconsistent with the provisions of this ordinance) heretofore taken by this municipality and the officers thereof, directed toward the creation of the District, the acquisition of mall and park improvements, the determination of the specially benefited property therein, the sale and issuance of its local improvement bonds, and the levy of assessments for that`pur- pose, be, and the same hereby is, ratified, approved, and confirmed. Section 4. Such revised and detailed estimate of cost, such full and detailed plans and specifications, and addendum thereto, and such revised map, assessment plat and preliminary assessment roll as prepared by the Architects and presented by them to the Council have been and hereby are, found to,be satisfactory and hereby are approved. Section 5. The Council hereinafter designates the extent of the Town Center Mall Improvement District (by brief description) including the area constituting such District in Section 6 hereof. Section 6. The Council hereby prescribes that the location, kind and nature of the mall and park improvements to be made (without mentioning minor details or incidentals) and the area and parts thereof, in and along which the improvements hereinafter described shall be made are as follows: LOCATION OF IMPROVEMENTS The mall and park improvements shall be constructed and installed on a portion of Tract G, Benchmark @ Beaver Creek Subdivision, owned by the Town of Avon. The improvements commence at the Northeast line of Benchmark Road and extend Northwesterly approx- imately 950 feet. The Avon Town Center Mall is bounded on the North by Lots A, B and C and Lot 56, Benchmark @ Beaver Creek Subdivision, bounded on the South by Lots 61 through 64, Benchmark @ Beaver Creek -10- 0 Subdivision, bounded by the West by the balance of Tract G and bounded on the East by Benchmark Road. The metes and bounds description of the tract of land upon which the Town of Avon Town Center Mall is to be constructed and installed is located in the northwest 1/4 of section 12 township 5 south range 82 west as shown on the official plat'- Town of Avon, Eagle County, Colorado and final subdivision plat amendment #4 Bench- mark @ Beaver Creek, more particularly described as follows: Beginning at the northwest corner of Lot 64 as shown on said plat, thence north 36'561 39" east a distance of 369.19 feet, thence south 2 32' 12" east a distance of 346.33 feet, thence south 650 58" 08" east a distance of 520.00 feet, thence south 850 31' 22" east a dis- tance of 125.26 feet, thence south 200 58' 08" east a distance of 85.00 feet, thence south 69`5 01' 52" west a distance of 120.00 feet, thence north 20' 58' 08" west a distance of 75.00 feet, thence north 650 58' 08" west a distance of 255.00 feet, thence south 69' 01' 52" west a distance of 42.43 feet, thence north 650 58' 08" west a dis- tance of 72.47 feet, thence north 20* 58' 08" west a distance of 42.43 feet, thence north 65° 58' 08" west a distance of 410.00 fedt,.to the POINT-OP BEGINNING--containing 90,025.5 square feet or 2.0667 acres more or less. KIND AND NATURE OF IMPROVEMENTS The Town of Avon Town Center Mall shall be constructed and installed as follows: The construction and installation of a pedes- trian mall of varying widths from 50 feet to 80 feet (increasing to 200 feet in width at the Northwest end) and approximately 950 feet in length, including subgrade preparation, suitable fill as needed, installation and compaction of six (6) inches of base course gravels, installa- tion of storm sewers and drains, including the installation of culverts as needed, the con- struction and installation of decorative con- crete and brick paving, the construction of ponds and fountains, the installation of benches,-'planting tubs, information kiosks, bol- lards, trash recepticles, drinking fountains, light standards and fixtures, informational signs, and planted areas consisting of complete landscape planting with an irrigation system, including landscape walls, large and medium dec- orative shade trees, and evergreen trees, flow- ering and evergreen shrubbery, seeded grass areas and ground cover. There will be con- structed at the South end of the Town Center Mall a transit centtr bus turn-around with a passenger shelter. The decorative improvements will be constructed in such a manner to facili- tate pedestrian and emergency vehicle access through the Town Center Mall. -11- • • The details are more particularly shown on the plans and specifications now on file in the office of the Town Clerk. The extent of the District to be assessed for the above- described mall and park improvements is described as follows: The District shall include all lots and tracts (except the remainder of Tract G, owned by the Town) which abut the proposed improvements to the Town Center Mall as described above, to wit: 1. Lots A, B and C, Benchmark @ Beaver Creek Subdivision. 2. Lots 62, 63 and 64, Benchmark @ Beaver Creek Subdivision. 3. Lot 61, Benchmark @ Beaver Creek Subdivision 4. Lot 56, Benchmark @ Beaver Creek Subdivision. Section 7. The total estimated cost of the mall and park improvements in said District, including, without limiting the gener- ality of the foregoing, the cost of constructing, installing or oth- erwise acquiring such mall and park improvements, engineering, archi- tectural, legal and advertising costs, interest during construction and until assessments are made by ordinance against the properties benefited and other incidental costs, as shown by the total estimate of the architects, is $1,136,000. The estimated proportion of the total cost to be assessed against property specially benefited by the acquisition of the proposed mall and park improvements is $910,000. The estimated proportion of the cost of the mall and park improve- ments to be paid by other than special assessments is $226,000. The above stated estimate of cost and assessments shall neither consti- tute a limitation upon such cost or assessments, respectively, nor a limitation upon the rights and powers of the Council or of any offi- cers, agents, or employees of the Town. Section 8. The amount to be assessed shall be apportioned in an assessment roll against each tract or parcel of land to be assessed, hereinabove describe, and after a notice thereof and a hearing thereupon, assessments shall be levied by ordinance, which shall be a lien until paid in the several amounts assessed against each tract or parcel of land. All assessments made in pursuance of said assessment ordinance shall be due and payable without demand within thirty (30) days after the final publication of the assessment ordinance. All such assessments may, at the election of the owner, be paid in installments with interest. In case of such election to pay in installments, the assessment shall be payable in sixteen (16) sub- stantially equal semi-annual installments of principal, with interest in all cases on the unpaid principal payable semi-annually at a rate to be hereafter determined by the Town Council. -12- i Section 9. The Town Council has determined that assessments shall be levied against all of the tracts abutting the mall and park improvements as described above, being the property specially bene- fited by the mall and park improvements to be made within the District, and such assessments shall be apportioned on a frontage, i.e., a front foot basis. This method of assessment will result in each tract being assessed in proportion to the special benefits derived by each tract and in an amount not greater than the estimated benefit to such tract. Should any of the above tracts be divided upon a sale of a part thereof or by formal subdivision, or otherwise, (either vertically or horizontally), prior to the levy of the special assessments and the imposition of the lien therefor, the Council, at its option, may change the method of the calculation of the assess- ments for such subdivided parcel at the time of the adoption of the assessment ordinance. The Council may provide that the Town Engineer or Architect will determine the amount to be separately assessed against each subdivided tract by determining such relative portion of the whole amount of be levied (based initially on the front foot assessment to the unsubdivided tract) as the area, either vertically or horizontally of such tract, bears to the whole area of all of such unsubdivided tract to be assessed, i.e., the assessments to such tracts subdivided after the date of the adoption of this ordinance and before the date of the adoption of the ordinance levying the assessments may, at the Council's option, be apportioned in propor- tion that the area (or square footage) of such tract prior to the sub- division of such tract. Should any tract be divided upon a sale of a part thereof or by formal subdivision, or otherwise, after the spe- cial assessments thereon have been levied by the Ordinance levying the assessments, the unpaid special assessments and the lien therefor shall thereupon become divided ratably according to area (or square footage) as provided in Section 40 of the Enabling Ordinance. The current owners of the above-described parcels to be assessed have previously agreed to the initial method of the computation of the assessments on a front-foot basis, have recognized that the actual computation of the amount of the assessments may be changed by the Council, and have agreed to the maximum amount of assessments on their respective parcels by the execution of Affidavits of Waiver and Consent to Inclusion in the District now on file with the Town Clerk. The Town Council has determined that either method of assessment hereinabove designated (i.e., frontage, or area) is an equitable basis and that such assessments shall be in proportion to the special bene- fits derived to such property, sufficient to cover the portion of the total cost of the improvements to be defrayed by special assessments. -13- Section 10. All the improvements in the District shall be made by independent contract to be entered into by the Town with the lowest responsible bidder submitting the lowest and best bid (whether in one or two phases) upon proper terms after the Architiects and the appropriate Town Officials have asked for negotiated bids. The Town shall have the right to negotiate for the contract and to reject any and all negotiated offers and to waive any irregularity in any offer. No contract shall be let for the mall and park improvements for any amount exceeding the revised estimated cost thereof (excluding inci- dental expenses). Section 11. The officers of the Town be, and they hereby are, authorized and directed to take all action necessary or appro- priate to effectuate the provisions of this ordinance. Section 12. All orders, bylaws, resolutions, ordinances, or parts thereof, in conflict with this Ordinance are hereby repealed. This repealer shall not be construed to revive any order, bylaw, res- olution, or ordinance, or part thereof, heretofore repealed. Section 13. If any section, paragraph, clause, or other provision of this ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or other provision shall not affect the validity of the remaining provisions of this ordinance. Section 14. This ordinance shall be in full-force and effect seven (7) days after its publication by posting upon its final passage. INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 11TH DAY OF AUGUST, 1981. (SEAL) A st: Town Clerk i i ice-- , Mayor PrdTe.M ADOPTM AND APPROVED THIS 25th day of August, 1981. (SEAL) Mayor -14-