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TC Ord. No. 1983-37r. 3 V- V 1 T L JOHNNE.i TL PHILLJ-P~-,, ORDINANCE NO. #83-37 AN ORDINANCE CONCERNING TOWN OF AVON, COLORADO, THE TOWN J - CENTER MALL IMPROVEMENT DISTRICT; DESIGNATED BY THE SHORT TITLE "MALL DISTRICT ASSESSMENT ORDINANCE"; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; ASSESSING THE COSTS OF THE MALL AND PARK IMPROVEMENTS THEREIN, INCLUDING ALL INCIDENTAL EXPENSES, AGAINST THE LOTS, OTHER TRACTS OR PARCELS OF LAND SPECIALLY BENEFITED THEREBY AND INCLUDED WITHIN THE DISTRICT; DESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENTS; PROVIDING PENAL- TIES FOR DELINQUENT PAYMENTS; PROVIDING FOR THE 'DISBURSE- MENT OF THE ASSESSMENTS AND ANY PENALTIES; AND PROVIDING OTHER 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 (the "Council"), did adopt Ordinance No. 81-24 (the "Enabling Ordinance"), read, passed'and approved the 28th day of July, 1981, relating to local improvements and the financing thereof (the "Local Improvements Code"); and WHEREAS, the Council, pursuant to the Charter and the Local Improvements, Code, (the "Code"), after taking all required action pursuant to the Charter and Code provisions and after holding .a hear- ing- pursuant- thereto and pursuant to due mailed and published notice, determined to proceed with the proposed Town of Avon, Colorado, Town Center Mall Improvement District and directed Denton, Harper Marshal Inc. of Denver, Colorado (herein the "Architects" or'-the "engineers") to prepare and present to the Council a revised and detailed estimate of the total cost, full and 'detailed plans and specifications for the proposed mall and park improvements, and a map and assessment plat showing the location of the mall and park improvements, and the tracts and parcels of property to be assessed therefor; and WHEREAS, the Council of the Town pursuant to the Charter of the Town and to the Code, created and established by Ordinance No. 81-26 designated in Section 1 thereof by the short title "Mall District Creation.Ordinance" (the "Creation Ordinance"), passed, adopted and signed on August 25, 1981, within the corporate limits of the Town a local improvement district known and designated as "Town, -10- of Avon, Colorado, Town Center Mall Improvement District" (the "District"), for the purpose of making certain local mall and park improvements (the "Improvements" or the "Project"), and to assess the cost thereof to the tracts and parcels of property specially bene- fited thereby; and WHEREAS, the mall and park Improvements authorized by the Creation Ordinance have been acquired, completed, and accepted by the Town, and the whole cost thereof has been determined; and WHEREAS, the Council gave requisite legal notice that the mall and park improvements in the District had been completed by the contractor and accepted by the Council; that the Town Engineer of the Town had prepared an assessment roll and a statement showing the total cost of the mall and park improvements; that the roll was cer- tified to the Council by its f iling in the office of the Town Clerk in the Town Hall on September 27, 1283; that the roll, the proposed • assessment therein and the statement were on file in her office and available for examination, together with all other proceedings in the premises; that the Council would meet to hear and consider com- -plaints, protests and objections to the assessment roll and to the proposed assessments by the parties thereby aggrieved, on Tuesday, October 11, 1983, at the hour of 7:30 o'clock p.m.; that the owner or owners of any property which is assessed in such assessment roll, or other interested persons, whether or_not named in the roll, might on or before October 10, 1983, i.e., at least one day prior to the assessment hearing, file with the Town Clerk his, her or their spe- cific objections in writing; and that any objection to the regulari- ty, validity, and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land, shall be deemed waived • unless presented at the time and in the manner provided in the notice; and WHEREAS, the Council met at the place and time and heard and considered all complaints, protests and objections made or filed; and J -11 WHEREAS, by a resolution confirming and validating the assessment roll the Council overruled and hereby overrules all complaints, protests and objections, as in the opinion of the Council, the assessments are equitable and just; and the Council found, and hereby finds, each and all of such complaints, protests and objections to be without sufficient merit and the share of cost apportioned upon each tract or parcel of land in the assess- ment roll and included within the District is equitable and just and should be levied as confirmed; and WHEREAS, the Council also found, and hereby declares, that no assessment is levied against property not included within the District or not specially benefited by the Improvements and that no assessment exceeds the special benefits to the property assessed; and WHEREAS, the Council also has found, and hereby declares, that the total cost of the mall and park Improvements, including all proper incidental expenses, is $1,103,707 (excluding costs in the amount of $193,707 not to be paid by assessments) and that assessments in the amount of $910,000 shall be levied by ordinance; and WHEREAS, due to the foregoing provisions and for other good and sufficient reasons, the Council has determined, and does hereby declare, that it is necessary and for the best interest of the Town and the inhabitants thereof that this ordinance be adopted. 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 Assessment Ordinance" (the "Assessment Ordinance"). Section 2. All action (not inconsistent with the provisions of this ordinance) heretofore taken by the Town, the Council, and the officers of the Town, directed toward the creation of the "Town of Avon, Colorado, Town Center Mall Improvement District," the improvement of property therein, the payment by the Town therefore the sale and issuance of the Town's special assessment bonds, and the levy of special assessments for that purpose, hereby is ratified, approved, and confirmed. Section 3. For the purpose of paying the costs and expenses of the mall and park Improvements, there hereby is levied ` and assessed against the lots, other tracts and parcels of land, specially benefited by the mall and park Improvements, and described in the assessemnt roll, for the District, as filed in the office of *Strike designated phrases if no assessment was modified. - 12 - the Town Clerk, on September 27, 1983 and as confirmed by a resolution duly adopted by t he Council on October 11, 1983, the amounts and assessments shown in Descri the roll tion as follows: Item No. Owner p Lot No. Addition Fin Amount of al Assessment 1. Avon Center at Beaver Creek Lots A. Benchmark $456,820.00 A Colo. Limited Partnership B, C @ Beaver $lock'2 Creek Subdivision Centennial Ventures, Inc. General Partner P.O. Box 25 Avon, Colorado 81620 2. Peregrine Properties, Ltd. Lots Benchmark $266,630.00 0082 Beaver Creek Blvd. 62, 63, @ Beaver P.O. Box 475 64 Creek . Avon, Colorado 81620 Block 2 Subdivision 3. HAL Construction, Inc. Lot 61 Benchmark $147,420.00 2575 Davos Trail Block 2 @ Beaver Vail, Colorado 81657 Creek Subdivision 4. Timberline Properties Corp. Lot 56 Benchmark $39,130.00 and Marcos M. Suarez Block 2 @ Beaver 286 E. Bridge St. Creek Vail, Colorado 81647 Subdivision Total $910,000.00 Section 4. The decision of the Council in levying assess- meets, the resolution confirming assessments in the assessment roll, and this ordinance constitute a final determination of the regularity, validity, and correctness of the proceedings, of • the assessment plat, of the assessment roll, of each assessment'con- tained therein, and of the amount thereof levied on each lot or other tract and parcel of land; and such determination by the Council shall be conclusive upon the, owners of the property assessed. The owners as of September 22, 1981 of the lots or parcels assessed have previ- ously agreed to the method of the computation of the assessments on a front foot basis, and have agreed to the maximum amount of assess- ments on their respective lots or parcels of real estate by the exe- cution of Affidavits of Waiver and Consent to Inclusion in the District now on file with the Town Clerk. Section 5. The payment of all assessments made pursuant to this ordinance is secured by a lien' in the several amounts assessed against each lot, other tract or parcel of land, assessed from the i *Strike designated phrases if no assessment is modified. (13) effective date of this ordinance, except as "specifically provided in • the Local Improvements Code. Section 6. The assessments shall be due and payable at the office of the Town Manager within 30 days after the date of publica- tion of this ordinance after final passage, without interest or pen- alty and without demand; but all or any part of such assessments may, at the election of the owner, be paid in installments, with interest, as hereinafter provided. Failure to pay the whole assessment to the- Town-within such period of 30 days shall be conclusively con- sidered and held an election on the part of all persons interested, whether under disability or otherwise, to pay the unpaid assessment in installments. All persons so electing to pay in installments shall be conclusively considered and held as consenting to the mall and park Improvements, and such election shall be conclusively con- sidered and held as a waiver of any and all rights to question the power or jurisdiction of the Town to construct or otherwise acquire the mall and park Improvements, the quality of the work, the regular- ity or sufficiency of the proceedings or the validity or correctness of the assessment. In case of such election to pay in installments, the assessments shall be payable in sixteen (16) substantially equal semiannual installments of principal, and interest in all cases on the unpaid principal shall be payable at a rate of thirteen and- twenty-five hundredths per cent (13.25%) per annum, from the date of final publication of this ordinance until paid. Both the principal, of and interest on such deferred assessments shall be paid at the office of the Town Manager on April 1, 1984, and semiannually there of ter on the first days of April and October in each year, until paid in full. Section 7. The assessments shall be payable and collecta- ble, shall constitute liens upon the property assessed, and their collection shall be effected, all in the manner and at the time or times provided in the Creation Ordinance, in the ordinance authoriz- ing the issuance 'of bonds for the District (the "Bond ordinance") i.e., Ordinance No. 81-27, finally passed, adopted, and signed on September 22, 1981, and in this Assessment Ordinance, and in the Local Improvements Code, including, without limitation, the penalties therein provided for delinquent payments. Section 8. The Town and its Town Manager and other offi- cers charged therewith, shall create a separate account designated the "Town of Avon, Colorado, Town Center Mall Improvement District Special Assessment Bonds, Series October 1, 1981 Bond Fund," (the "Bond Fund"), in accordance with Section 5 of the Bond ordinance and shall credit to the Bond Fund the payments of assessments, the installments thereof, the interest thereon and any penalties -14- therefrom. Money, accounted for in such account, as well as in the Town's Surplus and Deficiency Fund and as otherwise designated in the Bond ordinance, shall be paid and disbursed to the person or persons lawfully entitled thereto, in the manner and at the time or times provided in the Local Improvements Code, in the Creation Ordinance and in-the Bond Ordinance. Section 9. The Town Manager shall from this Assessment Ordinance complete and extend the assessment roll, showing in suit- able columns after each lot or tract or parcel of real estate assessed and after the total amount of the assessment for each lot or tract or parcel of real estate, the amounts of each installment of principal and interest, and the date when the installments will become due, with suitable columns for use in case of payment of the whole amount, or of any installment or of any penalty. Section 10. It shall be the duty of the Town Manager to make out, sign, attest with the seal of the Town and file for record within sixty days after the publication of this ordinance after its final passage, but after the termination of the thirty-day period hereinabove provided for; for the payment of the assessments in cash, in the office of the County Clerk of Eagle County, a claim of lien for any unpaid amount due and assessed against each lot or tract or parcel of land, as above specified. When the assessments, and the installments thereof, the interest thereon, and any penalties have been paid in full, it shall be the duty of the Town Manager to release and discharge the lien by entering or signing a receipt of payment upon the margin of the record thereof, or by filing for record a separate release. The claim of lien to be so filed for record shall be in substantially the following form: -15- (Form of Claim of Lien) CLAIM OF LIEN BY THE TOWN OF AVON EAGLE COUNTY, COLORADO October 11, 1983 WHEREAS, the Town of Avon, by Ordinance No-83-17 , adopted and approved on November e, 1983, levied and assessed against the lots or tracts and parcels of land benefited by mall and park improvements in the Town of Avon, Town Center Mall Improvement District certain amounts, as hereinafter described, totaling the sum of $1,103,707; and WHEREAS, Ordinance No. 83-37 provided that the assessments should be due and payable within thirty days after the ordinance became effective, without interest and without demand; provided, that all or any part of the assessments might, at the election of the owner, be paid in sixteen substantially equal semiannual installments of principal until paid in full; and WHEREAS, the unpaid assessments shall bear interest at the rate of thirteen and twenty-five hundredths per centum (13.25%) per annum from the date of publication of the ordinance, on its final passage, i.e., the _gth day of November, 1983 both principal and interest being payable semiannually on April 1, and October 1, in each year, commencing on the first day of April 1984, at the office of the Town Manager. NOW, THEREFORE, the Undersigned Town Manager of the Town of Avon, County of Eagle and State of Colorado, on behalf of the Town of Avon, in accordance with the provisions of Section 44 of Ordinance No. 81-24 adopted and approved on July 28, 1981 (i.e., the Local Improvements Code), and the ordinances, resolutions and proceedings of the Town does hereby make out, sign, attest with the seal of the Town, and file for record in,the Office of the County Clerk of the County of Eagle and State of Colorado, a Claim of Lien for the amount due and assessed against each lot or tract and parcel of land in accordance with the terms and provisions of the Ordinance No. 83-37, as follows: Description Item No. Owner Lot No Block No_ Addition Assessment (Insert here those assessments listed in the assessment roll designated in Section 3 of this ordinance which are not paid during the cash-payment period.) WITNESS my hand and the seal of the Town of Avon this day of October, 1983. -16- • 0 Town Manager of the Town of . Avon (SEAL) Eagle County, Colorado (End of Form of Claim of Lien) -17- Section 11. The Town Clerk shall publish as soon as rea- sonably possible, a notice in at least one newspaper of general cir- culation in the Town, at least once at least 20 days before the end of such 30-day period, which notice shall state the place of payment of the assessments herein levied and the time for the cash payment period to close. Section 12. The notice shall be in substantially the fol- lowing form: -18- (Form of Notice) 0 NOTICE TO PROPERTY OWNERS OF THE LEVY OF ASSESSMENTS FOR IMPROVEMENTS IN TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT NOTICE IS HEREBY GIVEN to the property owners and other interested persons that, by ordinance No. "Mall District Assessment Ordinance" (the "Assessment Ordinance"), finally adopted on October 25, 1983, there were levied and assessed against the lots, other tracts, and parcels of land specially benefited by the mall and park improvements in what is commonly designated as the "Town of Avon, Colorado, Town Center Mall Improvement District," the costs and expenses of the mall and park improvements. All assessments made in pursuance of the Assessment Ordinance were made and shall be'a lien in the several amounts assessed against each lot, other tract or parcel of Land assessed from the effective date of the Assessment Ordinance, as more specifi- cally provided in the "Mall District Creation Ordinance" finally adopted on August 25, 1981 and in the Mall District Bond Ordinance, finally adopted on September 22, 1981, in the Assessment Ordinance, and in the Local Improvements Code. All assessments made in pursuance of the Assessment Ordinance shall be due and payable without interest, penalty, or demand within 30 days after the publication of the Assessment ordinance, after its final passage, i.e., on or before November 29-; 1983; but all such assessments may at-the election of the owner be paid in installments with interest. Failure to pay the whole assess- ment to the Town Manager within such period of 30 days shall be con- clusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments. All persons so electing to pay in installments shall be conclusively considered and held as consenting to the mall and park improvements, and such election shall.be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the Town to construct the mall and park improvements, the quality of the work, the regularity or sufficiency of the pro- ceedings or the validity or correctness of the assessment. Failure to pay any installment, whether principal or inter- est, when due, shall cause the whole amount of the unpaid principal to become due and payable immediately, with penalties, as more specifically provided in the Local Improvements Code. The owner of -19- • v~ any tract or parcel of land assessed may at any time pay the whole, or any unpaid installment of the unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. In case of election to pay in installments, the assessment shall be payable in sixteen (16) substantially equal semiannual installments of principal, and interest in all cases on the unpaid principal shall be payable from the date of the publication of the Assessment Ordinance upon its final passage at a rate of thirteen and twenty-five hundredths per cent (13.25%) per annum. Both the princi- pal of and interest on such deferred assessments shall be paid at the office of the Town Manager, in the Town Hall, in the Town of Avon, on April 1, 1984, and semiannually thereafter on the first days of April and October in each year, until paid in full. Pursuant to Section 15.5 of the Charter, no action or pro- ceeding, at law or in equity, to review any acts or proceedings, or to question the validity of, or enjoin the performance of the issue or collection of any bonds, or the levy or collection of any assess- ments authorized by the Local Improvements Code or for any other relief against any acts or proceedings of the Town done or had under the Local Improvements Code, shall be maintained against the Town, unless commenced within thirty (30) days after the performance of the act complained of, or the effective date of the assessment ordinance or else be thereafter perpetually barred. By order of the Town Council of the Town of Avon, Colorado, on October 1983. /s/ Patricia J. Doyle Town Clerk (SEAL) Include in the mailed (but not published) notice immedi- ately above the signature of the Town Clerk a statement as to the amount of the individual assessment at follows: *Your property is shown on the assessment roll by this description: AVON CENTER (insert description of applicable tract or lot as it appears on the assessment roll) Your property is assessed by assessment number 1 of said assessment roll in the total amount of $ 456.820 r If you elect to pay said assessment in 16 semiannual installments, the first annual installment to be paid is on April It 1984 is in the amount of $ 28.551.25 , with interest in the amount of $ 28_; 548-.13_ -20- ! -9 any tract or parcel of land assessed may at any time pay the whole, or any unpaid installment of the unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. In case of election to pay in installments, the assessment shall be payable' in sixteen (16) substantially equal semiannual installments of principal, and interest in all cases on the unpaid principal shall be payable from the date of the publication of the Assessment Ordinance upon its final passage at a rate of thirteen and twenty-five hundredths per cent (13.25%) per annum. Both the princi- pal of and interest on such deferred assessments shall be paid at the office of the Town Manager, in the Town Hall, in the Town of Avon, on April 1, 1984, and semiannually thereafter on the first days of April and October in each year, until paid in full. Pursuant to Section 15.5 of the Charter, no action-or pro- ceeding, at law or in equity, to review any acts or proceedings, or to question the validity of, or enjoin the performance of the issue or collection of any bonds, or the levy or collection of any assess- ments authorized by the Local Improvements Code or for any other relief against any acts or proceedings of the Town done or had under the Local Improvements Code, shall be maintained against the Town, unless commenced within thirty (30) days after the performance of the act complained of, or the effective date of the assessment ordinance or else be thereafter perpetually barred. By order of the Town Council of the Town of Avon, Colorado, on October 1983. /s/ Patricia J. Doyle Town Clerk (SEAL) Include in the mailed (but not published) notice immedi- ately above the signature of the Town Clerk a statement as to the amount of the individual assessment at follows: *Your property is shown on the assessment roll by this description: PEREGRINE PROPERTIES (insert description of applicable tract or lot as it appears on the assessment roll) Your property is assessed by assessment number 2 of said assessment roll in the total amount of $ 266.630 If you elect to pay said assessment in 16 semiannual installments, the first annual installment to be paid is on April 1, 1984 is in the amount of $ 16,664.38 , with interest in the amount of $ -13,744:23 -20- • V any tract or parcel of land assessed may at any time pay the whole, or any unpaid installment of the unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. In case of' election to pay in installments, the assessment shall be payable in sixteen (16) substantially equal semiannual installments of principal, and interest in all cases on the unpaid principal shall be payable from the date of the publication of the Assessment Ordinance upon its final passage at a rate of thirteen and twenty-five hundredths per cent (13.25%) per annum. Both the princi- pal of and interest on such deferred assessments shall be paid at the office of the Town Manager, in the Town Hall, in the Town of Avon, on April 1, 1984, and semiannually thereafter on the first days of April and October in each year, until paid in full. Pursuant to Section 15.5 of the Charter, no action or pro- ceeding, at law or in equity, to review any acts or proceedings, or to question the validity of, or enjoin the performance of the issue or collection of any bonds, or the levy or collection of any assess- ments authorized by the Local Improvements Code or for any other relief against any acts or proceedings of the Town done or had-under the Local Improvements Code, shall be maintained against the Town, unless commenced within thirty (30) days after the performance of the act complained of, or the effective date of the assessment ordinance or else be thereafter perpetually barred. By order of the Town Council of 'the Town of Avon, Colorado, on October 1983. /s/ Patricia J. Doyle Town Clerk (SEAL) Include in the mailed (but not published) notice immedi- ately above the signature of the Town Clerk a statement as to the amount of the individual assessment at follows: *Your property is shown on the assessment roll by this description: HAL CONSTRUCTION, INC. (insert description of applicable tract or lot as it appears on the assessment roll) Your property is assessed by assessment number 3V of said assessment roll in the total amount of $147,420 If you elect to pay said assessment in 16 semiannual installments, the first annual installment to be paid is on April 1, 1984 is in the amount of $ Q,213 75 , with interest in the amount of $ 7,599.2.0 , -20- 0' 9 any tract or parcel of land assessed may at any time pay the whole, or any unpaid installment of the unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. In case of election to pay in installments, the assessment shall be payable in sixteen (16) substantially equal semiannual installments of principal, and interest in all cases on the unpaid principal shall be payable from the date of the publication of the Assessment Ordinance upon its final passage at a rate of thirteen and twenty-five hundredths per cent (13.25%) per annum. Both the princi- pal of and interest on such deferred assessments shall be paid at the off ice of the Town Manager, in the Town Hall, in the Town of Avon, on April 1, 1984, and semiannually thereafter on the first days of April and October in each year, until paid in full. Pursuant to Section 15.5 of the Charter, no action or pro- ceeding, at law or in equity, to review any acts or proceedings, or to question the validity of, or enjoin the performance of the issue or collection of any bonds, or the levy or collection of any assess- ments authorized by the Local Improvements Code or for any other relief against any acts or proceedings of the Town done or had under the Local Improvements Code, shall be maintained against the Town, unless commenced within thirty (30) days after the performance of the act complained of, or the effective date of the assessment ordinance or else be thereafter perpetually barred. By order of the Town Council of the Town of Avon, Colorado, on October 1983. /s/ Patricia J. Doyle Town Clerk (SEAL) Include in the mailed (but not published) notice immedi- ately above the signature of the Town Clerk a statement as to the amount of the individual assessment at follows: *Your property is shown on the assessment roll by this description: TIMBERLINE PROPERTIES (insert description of applicable tract or lot as it appears on the assessment roll) Your property is assessed by assessment number 4 of said assessment roll in the total amount of $ 39',13'0' If you elect to pay said assessment in 16 semiannual installments, the first annual installment to be paid is on April 1, 1984 is in the amount of $ 2,445.' 63 , with interest in the amount of $ 2*, 0'17'.'0-7 -20- Section 13. The officers of the Town hereby are authorized and directed to take all action necessary or appropriate to effectu- ate the provisions of this ordinance. Section 14. 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, resolution, or ordinance, or part thereof, heretofore repealed. Section 15. If any section, paragraph, clause, or other provision of this ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenf orceability of such section, paragraph, clause, or other provision shall not affect the validity of the remaining provisions of this ordinance. Section 16. Pursuant to Section 15.5 of the Charter, no action or proceeding, at law or in equity, to review any acts or pro- ceedings, or to question the validity,of, or enjoin the performance of the issue or collection of any bonds, or the levy or collection of any assessments authorized by the Local Improvements Code, or for any other relief against any acts or proceedings of the Town done or had under the Local Improvements Code, shall be maintained against the Town, unless commenced within thirty (30) days after the performance of the act complained of, or the effective date of this ordinance or else be thereafter perpetually barred. Section 17. 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 OCTOBER, 1983. Mayor Town of Avon, olorado (SEAL) 7"e t: / Tofn Clerk Town of Avon, Color do -22= • ADOPTED AND APPROVED THIS (SELL) Aes~ Town C erk Town of Avon Colorado • 8th day of November, 1983. Mayor Town f Avon, olorado -23- It was thereupon moved by Councilmember Al -Connelly-c.,.: and seconded by Councilmember A_.T_ WP11R that the foregoing Ordinance read by title at this meeting, as aforesaid, be approved on first reading, to be pub- lished by immediate posting in full this October 11, 1983, in the four places required by Section 6.7 of the Town Charter, and that the Ordinance, at 1-east seven (7) days after notice is published as aforesaid, be considered at public hearing and then considered for final passage, all. at the regular meeting of the Town Council to be held at the Town Hall on Tuesday, November 8, 1983, at the Hour of 7:30 o'clock p.m. The question being upon the adoption of such motion, the roll was called with the following result: Those Voting Yes: Larry Kumpost Rh i 1 a Davis A_J_ W 11 Al Connell Those abstaining Don Buick Those Voting No: TTnnr~ Those Absent: c,rPq_raue six members-of the Town Council having voted in favor of such motion, the presiding officer thereupon declared the motion carried. It was thereupon moved by Councilmember Tarry KtI PoSt , seconded by Councilmember A.J. Wells and unanimously adopted by a roll call vote of all Councilmembers present that the Ordinance be additionally printed by title and sum- mary in the Vail Trail on Friday, October 14,' 1983, the form of such printed notice to be as follows: -24- (Ordinance Summary for Publication) ORDINANCE N0.#83-37 AN ORDINANCE CONCERNING THE TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT; DESIGNATED BY THE SHORT TITLE "MALL DISTRICT ASSESSMENT ORDINANCE"; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; ASSESSING THE COSTS OF THE MALL AND PARK IMPROVEMENTS THEREIN, INCLUDING ALL INCIDENTAL EXPENSES, AGAINST THE LOTS, OTHER TRACTS OR PARCELS OF LAND SPECIALLY BENEFITED THEREBY AND INCLUDED WITHIN THE DISTRICT; DESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENTS; PROVIDING PENAL- TIES FOR DELINQUENT PAYMENTS; PROVIDING FOR THE DISBURSE- MENT OF THE ASSESSMENTS AND ANY PENALTIES; AND PROVIDING OTHER DETAILS IN CONNECTION WITH SUCH MATTERS. was introduced at a duly called regular meeting of the Town Council, i in the Town of Avon, and the county of Eagle? Colorado, on October 11, 1983, at which time it was approved on first reading, without amendment. The Council thereupon set the regular meeting of October 25, 1983, at the hour of 7:30 p.m., at the Council's regular meeting place in the Town Hall as the time and place at which the Council will hold a public hearing on the ordinance. Copies of the proposed ordinance are available at the office of the Town Clerk in the,Town Hall. The following is a summary of the subject matter of the ordinance: The ordinance by the preambles recited findings as to the legal existence of the Town of Avon as a charter Town, recites that the council of the Town has previously adopted the Enabling Ordinance ' to provide a local improvement code, recites that following mailed and published notice the Council held a hearing on the creation of the District; recites that the Town Center Mall Improvement District was created by Ordinance No. 81-26, adopted on August 25, 1981; recites that the mall and park Improvements have been acquired, com- pleted and accepted by the Town, and that the entire cost has,been determined; recites that the Council gave the requisite notice of the completion of the mall and park improvements and the final acceptance and the preparation of the assessment roll, and that the Council will consider complaints, protests, and objections to the assessment roll and the proposed assessments on November 8,.1983; recites that the Council met and heard all complaints, protests and objections; recites that, except for minor modifications, the Council, by resolu- tion, overruled all complaints, protests and objections to the assessment roll and the assessments therein; recites that no assessment exceeds the special benefits to the property assessed; -25- recites that the total cost of the improvements is $1,103,707, that . the cost to be paid from other sources is $193,707, and that the amount to be levied by. assessments is $910,000; recites that for the foregoing reasons the assessment ordinance should be adopted. The enacting clause then follows. Section 1 of the ordinance provides the short title. Section 2 of the ordinance ratifies action taken concerning the District and related matters. Section 3 of the ordinance levies the assessments as shown on the assessment roll filed with the Town Clerk on September 27, 1983 and sets forth the amount of each assessment. Section 4 of the ordinance provides that the decision of the Council in levying the assessments shall constitute a final determination which shall be conclusive on the owners of the property assessed and relates the signing of waivers and consent to inclusion in the District by the owners of the property assessed. Section 5 of the ordinance provides that the assessments are a lien in the several amounts assessed on each lot, tract or parcel of land until paid. Section 6 provides that the assessments shall be due and payable within thirty (30) days after the publication of the assess- ment ordinance or payable in installments, and that by electing to pay in installments, the owner consents to the-mall and park improve- ments and to the assessments. If paid in installments, there are sixteen (16) equal semiannual installments of principal with interest at the rate of 13.25% per annum. Section 7 provides that the assessments constituting a lien will be collected in the manner provided by the creation ordinance, the bond ordinance, the assessment ordinance and the Local Improvement District Code. Section 8 provides that the Town Manager shall collect the assessments and deposit the assessments to the bond fund created in Section 5 of the bond ordinance. Section 9 provides that the Town Manager shall complete and extend the assessment roll showing the amount of the installments to each of the individual parcels. Section 10 provides for the filing of a claim of lien with the County Clerk of Eagle County and provides the form for such claim of lien. Section 11 provides for mailed and published notice of the levy of the assessments. -26- • i Section 12 provides the form of such notice of the levy of assessments. Section 13 provides that the officers take all action nec- essary to effectuate the provisions of the ordinance. Sections 14 and 15 constitute implied repealer provisions and a severability clause respectively. Section 16 provides that no action or proceeding in Court may be commenced unless so commenced within thirty days after the effective date of this ordinance. Section 17 provides that the ordinance shall be in full force and effect seven days after publication by posting. Possible penalty clauses contained in the ordinance are as follows: "Section 16. Pursuant to Section 15.5 of the Charter, no action or proceeding, at law or in equity, to review any acts or proceedings, or to question the validity of, or enjoin the performance of the issue or collection of any bonds, or the levy or collection of any assessments autho- rized by the Local Improvements Code, or for any other relief against any acts or proceedings of the Town done or had under the Local Improvements Code, shall be maintained against the Town, unless commenced within thirty (30) days after the pref ormance of the act complained of, or the effective date of this ordinance or else be thereafter per- petually barred." ts/ Mayor Town of Avon, Colorado /s/ ' Town Clerk , Town of Avon, Colorado 1 -27- • 9 Thereupon, the Council considered other business and took . other action not concerning the mall and park improvements or the assessments to defray the cost thereof. Thereafter, there being no further business to come before the meeting, on motion duly made, seconded and unanimously carried, the meeting was adjourned. (SEAL) . Town erk Town of Avo , Colorado Mayor Town of Avon Colorado -28- 0- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) I, Patricia J. Doyle, Town Clerk of the Town of Avon (herein sometimes designated as the "Town"), in the County of Eagle and State of Colorado, do hereby certify: 1. -The foregoing pages numbered from -1- through con- stitute a true, correct, complete and compared copy of the record of the proceedings taken by the Town Council of the Town at a duly called regular., open, public meeting thereof held on October 1983, so far as said minutes relate to a resolution and to an ordi- nance, a copy of each of which is therein set forth. 2. A copy of such resolution and such ordinance contained in such minutes is a true, correct, complete and compared copy of the original of the resolution adopted and of the ordinance as introduced 'by the Town Council at the meeting. 3. I posted the full ordinance on No?veriber x,01983, imme- diately following the meeting at the following four places pursuant to the Charter and ordinance: (a) The office of the Town Clerk (b) The Avon Post Office (c) City Market, Main LobbY (d) Pester Gas Station 4.- The ordinance was on October 1983, printed by title and summary in the Vail Trail, a newspaper of general circulation in the Town. 5. The Mayor and 6 other members of the Town Council were present at such meeting, and 6 members of the Council voted on the adoption of the resolution and on the introduc- tion of the ordinance, as in such minutes set forth. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Avon this 10th day of No-ve rr 983. (SEAL) Town (Clerk - Town of Avon, Colorad -29- 5E2'm8 ~Sr tC':9 ~cc tuEDo 68:m 1c~o0°'Em X000- mmna oOmm-, vv m-~ m 5A~ ° c_m Em m,°mmi«avc°Em$ao mct'E-'a mm'QWmmi°cm3Eo'm ccm3t mm`O n; EL 3° r.ama .>>mim.y `OJf3=:8m. D C„o= mSoEma E-EmOm`Om° vi,-LLL~N A_cmN;&aLm 8_ me im5m m`gomm-cN F-.- I ;EcEa.. m..~p.c«um E =mmm'm_; ~~oa p«3 10 Dm ac°mcomim EoEwoAt-°yE UEa'ic UC=mccc°~cc Eumm=. °-`mmw'a$o~rcgmy°~9acLmc~ L-52'0' 26m-0 m>E'u°ccmr=Imo?-°° E~vv :`o°`S i3' o~om mEmm° c"a a?mmcm°'m~Em°-a c m nmt °~c~cE vmmmmc_dc°mo acE u .c aaimmc o.6,tt'mm aaIIE E~ m. aa my `a=-aa+o°OCmv a°mE Sm3ame o°mN3r°no2•c vc ma m~.o-i.vum_ Oo.E oTc'a2cv-c-oou- mmm«^A'~_ D~ _mL c ; g m=o o Dmvmm3c_vcmNorny m'vc -c c Z. E'o'o o' cm~mm N`-a aeuovao°m,mm`'. m-_ ea m ~2n E'm mm~N'Emc Ec&-com Emm:-«cE °EEoEmc m2 -°OC=oi~.Amc3 c3=mv c ^mEom~O.~m ~cL Om•. 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Ol 0 d Vw m a `m Q a m C 0 W m C 'a N m N N L C Q a cc2-"cm,LUC2+cvED°cc cuc mmD. WSm~O 2mm mm.m OmnC.""~'Dmm 0.mO mm NN bp.OD m.E.Em°_a>rc; E'v m m.- a.n E- CC>~O1Oa 2m m~C~e C.m7 m~~mC@O-L-mm L m•~m. ou'coim'62,Eo EO' caE •°jpi;aoa E'er- c o. E,w a-952-^ CD W O 0- C n Q v ' 3 a 0 d c 0 C 0 0 D 7 Cl o- m y imc°c'c rn~E. L ~ _ « O 4 L m j O N m O N m ~m>.9 ,c60 c m3 j=`_c Em=_° < ? mm En>'E cm.,t D 2 m m~ omC~ NE C V~ y C r m mmcyv; E E0mq►I $c2i~cq = m V U a = a ~ O r J {y y E V- w co a I a C-n LO~ a E '0 J ga m o r d m r Q ~ O O C N L 0 t Q 3 d m 0 0 3 0 0 0 3 ~ a C y c`n t -,v2O VpLC° mt • _Yl ammq_""m y~ Cw m 05'may_m.rna.'~~c m r.mco On- i mA.c U.E Emmm'a em.`¢ nmm'NC'a.V~?a o.10 oEESm'mE~ •m....; ~ om c- mm smaan_mmm m.c.3 -=ocycES 'Ot h0 -m-_mo_cca M M.wE. m'? o ~ma_ m'ap. o~mmw Q0m~C mnaryao.m lOCm. m m . 3. 4 • 0 (Attach Aff idavit of _ October- 14., 1983 , Publication of Title and Summary of Ordinance) -30- r • STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) The Town Council of the Town of Avon, in Eagle County., Colo rados-,met in regular session, in full conformity with law and the Charter, ordinances and rules of the Town, at the Town Hall, being the regular meeting place of the Council, on Tuesday, l 6*JeMlc P-j/ 1083, at the hour of 7:30 o'clock p.m. Upon roll call, the following were found to be present, constituting a quorum. Mayor: Allan R. Nottingham Mayor Pro Tem: Sheila Davis Other Councilmembers: Creg Gage A.J. Wells Al Connell Don Buick Tarry Kumpost Absent: constituting all the members of the Town Council. There were also present: Town Clerk: Pati^i ci a J- noyl e Town Manager: Richard D. Blodgett Town Attorney: _ John Dunn Thereupon, the following proceedings, among others, were had and taken: The clerk announced that an ordinance entitled: AN ORDINANCE CONCERNING THE TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT; DESIGNATED BY THE SHORT TITLE "MALL DISTRICT ASSESSMENT ORDINANCE"; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; ASSESSING THE COSTS OF THE MALL AND PARK IMPROVEMENTS THEREIN, INCLUDING ALL INCIDENTAL EXPENSES, AGAINST THE LOTS, 07HER TRACTS OR PARCELS OF LAND SPECIALLY BENEFITED THEREBY AND INCLUDED WITHIN THE DISTRICT; DESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENTS; PROVIDING PENAL- TIES FOR DELINQUENT PAYMENTS; PROVIDING FOR THE DISBURSE- MENT OF THE ASSESSMENTS AND ANY PENALTIES; AND PROVIDING OTHER DETAILS IN CONNECTION WITH SUCH MATTERS. which ordinance was introduced and read by title for the first time on October u, 1983, had, as ordered by the Town Council, been pub- lished by posting on October JA, 1983, and additionally printed by title and summary in the Vail Trail, a newspaper published and of general circulation in the Town of Avon, in its issue of October 14, -31- 1983, and that the Clerk's certificate of posting and the publishers affidavit of publication of the Ordinance are now on file in the office of the Town Clerk. Thereupon, the Mayor announced that this was the time and place of a public hearing on the ordinance, which he designated by title, and that anyone desiring to be heard should so indicate. (Insert here Minutes of Hearing) Whereupon, it was moved by Councilmember sheiiA nau-is and seconded be Councilmember Larry Kurnpost that such ordinance by now placed on its second reading and final passage, and that"all rules of the Council which- might prevent, unless suspended, the final passage and adoption of the ordinance at this meeting, be, and the same are hereby suspended for the purpose of permitting the final passage and adoption of the ordinance at this meeting. Council member Sheila Davis then moved that all rules of the Council which might prevent the final passage and adop- tion of said ordinance at this meeting be suspended. Councilmember Al Connell seconded this motion. The question being upon the adoption of-such motion and the suspension of the rules, the roll was called with the following result: Those Voting Yes: Larry Kumpost Sheila Davis A.J. Wells Al Connell Those Abstaining Those Voting No: Those Absent: Don Buick Greg Gage _A members of the Council having voted in favor of such motion, the presiding officer declared the motion carried and the rules suspended. Thereupon, the ordinance was read by title for the second time, printed copies having been furnished to Councilmembers and mem- bers of the public in attendance. Councilmember Sheila Davis then moved that the ordinance.be passed and adopted. Councilmenber Larry Kumpost seconded the motion. The question being upon the passage and -32- • • adoption of the ordinance, the roll was called with the following results: Those Voting Yes: Larry Kumpost Sheila Davis A.J. Wells Al Connell Those Abstaining Those Voting No: Those Absent: Don Buick Greg Gage The 'presiding officer thereupon declared that. a majority of the seven Councilmembers having voted in favor thereof as required by Section 6.2 of the Charter, the motion was carried and the ordinance was duly passed.and adopted as read. On motion unanimously adopted, it was ordered that the ordinance - be numbered 83-37, and after approval by the Mayor of the Town, be finally published by immediate posting. in full this November 8, 1983, and additionally be printed' by title and summary in the Vail Trail on November 11, 1983, and be recorded according to law. There were no amendments to the ordinance. Thereupon, the Town Council considered other business and took other action not concerning the assessment ordinance for the District (i.e., Ordinance No. There being no further business to 'come before the Town Council, on motion duly made, seconded and unanimously carried, the meeting was adjourned. (SEAL) Wiest : i Town/71erk Town of Av n, Colorado Mayor Town of Avon, Colorado -33- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) It Patricia J. Doyle, Town Clerk of the Town of-Avon (herein sometimes designated as the "Town"), in the County of 'Eagle, and the State of Colorado, do hereby certify: 1. The foregoing Ordinance No, 83-37 was read by title and passed on first reading, and ordered published at a regular meeting of'the Town Council held on Tuesday, October 11, 1983, and was pub- lished by posting immediately thereafter on October 14, 1983. 2. At least 7 days thereafter the ordinance was placed on second reading and final passage at a regular meeting of the Town Council held,on Tuesday, the .8th of, November, 1983; and at such meeting the ordinance was read by title, finally passed, adopted, approved and ordered published. 3. The Mayor and 6- other members of the Town Council were present at such meeting, the members of the Town Council voted on the passage'of the ordinance as in such minutes set forth, and the ordinance was published by posting immediately thereafter on October 25, 1983, and additionally printed, by title and summary in the Vail-Trail, a newspaper of general circulation in the Town of Avon on November 11, 1983. 4. I posted the full ordinance on October 25, 1983, imme- diately following the meeting at the following four places pursuant to the Charter of the ordinance: (a) The office of the Town Clerk (b) The Avnn Pns Office (c) ri +-W Market in the main Lnhhy (d) Paster Gas Station 5. The foregoing pages numbered through are a true, correct, complete and compared copy'of the proceedings of the Town Council of the Town, insofar as such minutes relate to the final adoption of Ordinance No. 83-37, a copy of which ordinance is set forth in full in the minutes of the meeting held on October 1983. 6. The original of the ordinance has been duly authenti- cated by the signatures of the Mayor and myself as Clerk of the Town, sealed with the corporate seal of the Town, signed and approved by the Mayor thereof, and recorded in the book of ordinances of the Town, which record has been duly signed by such officers and has been sealed with the seal of the Town. -34- 7. All members of the Town Council were duly notified of each of such meetings. IN WITNESS WHEREOF, I have hereunto set my hand and -affixed my seal of the Town this _]ni-b day, of :dover~ er, 1M. Town C k Town,of Avon, Colorado (SEAL) -35- r •m. m dl-- ; m` m= ,gym oan~`.~E~. .Ps:-. arc n f PC3~1°mm~ O mEI' n m,?•~F vm~• ~•m c mgy a `.r tt' A Q' O ~.F Q ? c^, W W- Z "0, a'~a ' LLJ VB Oid : l ~AZ ) a i Y~ 0 m a f m• Ci L~ a' . , O v m 0 G m 0 T T: z 5V C m Cc G°-..$C `a •m m $ .m _ ur Yc m ccm,.m_m 'c:. o8a,'• ~,`~-.Era E'OCi' n s.; a. E~.9ma mm 3m=°p~mm 'a ~~GO:.s o'Em`. mcW •p, oc mrt.$~,a d ffi.mc•cm~ma' 9' :mg _m''amt a_.,,6Em , ma m _co r c =a';•c°~•'-o.V pc°•'-_u,~,•~o,;.~.~> c .S •'m ;m5~.-oo•nci m~ ooc~«~~~ ~m;~•:c aEp m•o.•3Lm, m1 e• ~:::cm•''=:-L°~o.o1a'G~ 'm-~ ~;.•r o m« c .c $,c.~m~,.$••m 4'0: m' pmt .f-^T „000•w El.~ •Vm,.i: pf AL'~,lJ':1,:..~Y.vW~O'.Q CYtJp •041Q'' 013 am;;Et -C Em=•• S.. 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C~ ~O-mtt E N O c = m c> Ech CtU. -'D O Ti *P a°~aR -a t c Y ] a) c E O ° c t~l c ° JZ m~0C~`po 3 I m~ o , > L m -9 ID a ~ ` a > a .Q m 3 o• ° I - m E a U, R :r: o Eoco Sao- o L m C D o m o o~ 1 co oo=-a'o Lyoaa 4- t-°Cm~om5E ° o d m d L I N o c ~~o NCUmmQ O - E p ' c > o _L CD O CUCOEc yCU 0 7 c c O D _-0 p L 4 c 66''9?c°~~yo ` m m~ 7t mT L m m z a) t Q a '0 a w N 3 y } '0 E j mO88 a0 N 6 _ O m p O OD c~ y C ~N c coo0o.Q~oL o O ? j a L 3 a 0 O 0 00Eom~0) H m o U o mLC' N0) o:E U (D C= w t~c ooaoD3 r m c o c a U c 3 U - w-QaUwcN0cr- f- m U w 0- C u~ N N w L C :n 4 V H N .Q m C 0 .y E U O ~I O a 0 , 0 (Attached Affidavit of Publication of Ordinance on November. , 1983. -36- • s STATE OF COLORADO ) ASG_F.SSMF.NT COUNTY OF EAGLE ) SS. ROL CERTIFICATE TOWN OF AVON ) I, Patricia J. Doyle, the duly qualified and acting Town Clerk of the Town of Avon (the "Town"), in the County of Eagle and State of Colorado, do hereby certify: 1. The Town's Consulting architects, , acting by and through , of and acting f or Mr. Norman Wood, Town Engineer, filed the assessment roll attached hereto as Exhibit, A, in my office on September 27, 1983, and thereby certified the same to the Town Council. 2. Pursuant to requisite legal notice thereof, a hearing on the assessment roll and the proposed assessments was held by the Town Council on October 11, 1983. 3. The Town Council confirmed and validated the assessment roll by a resolution *as thereby modified* and duly introduced, passed, adopted and signed on October 11, 1983. 4. I caused all such modifications, if any, ordered by the resolution by the Town Council to be made on or before October 11, 1983, in the original of the assessment roll, before the adoption of the Mall District Assessment Ordinance (the "Assessment Ordinance"). 5. The Town Council thereafter duly levied the assessments. set forth in the assessment roll by the Assessment Ordinance duly introduced on October 11, 1983 and finally passed, adopted and-signed on October 25, 1983. 6. Thereafter the Town Manager completed the assessment roll in accordance with the Assessment Confirmation Resolution and the Assessment Ordinance, showing in suitable columns after each lot or parcel of real estate assessed and after the total amount of the assessment for each lot or parcel of real estate, the amounts of each installment of principal and interest, and the date when the install ments.will become due, with suitable columns for use in case of pay- ment of the whole amount, or of any installment or any penalty. 7. The copy of the assessment roll hereto attached as Exhibit A is a true, perfect, complete and compared copy of the assessment roll as filed, modified, confirmed and extended. *Strike designated phrase if no assessment was modified. -37- 8. The figures, descriptions, designations and other information set forth in the roll are correct to the best of my knowledge and belief. WITNESS my_hand and the seal of the Town affixed on this No=ver..be k 10-r -19 8 3 . li (SEAL) Tow nAd lerk / U- -38- i i ASSESSMENT ROLL TOWN CENTER MALL IMPROVEMENT DISTRICT Amount of Item No. Owner Lot No. Addition Final Assessment 1. Avon Center at Beaver Creek Lots A, Benchmark $456,820.00 A Colo. Limited Partnership B, & C @ Beaver Crk Block #2 Subdivision Centennial Ventures, Inc: General Partner Box 25 Avon, CO 81620 Peregrine Properties, Ltd. Lots 62, Benchmark $266,630.00 0082 Beaver Crk Blvd 63, & 64 @ Beaver Crk Box 475 Block#2 Subdivision Avon, CO 81620 3. HAL Construction, Inc. Lot 61 Benchmark $147,420.00 2575 Davos Trail Block #2 @ Beaver Crk Vail, CO 81657 Subdivision .,Timberline Properties Corp. Lot 56 Benchmark $ 39,130.00 and Marcos M. Suarez Block#2 @ Beaver Crk 286 E. Bridge St. Subdivision Vail, CO 81657 COTAL :ertified Assessment Role $910,000.00 Qorman Wood, Town Engineer EXHIBIT A (Attach Copy of Assessment Roll as Modified and Extended) -39- .rr Y4 _ , O J LL. O E `v } c 0 ig O c ~ O O O O Roa)0amt,7~F m > pQ d .c 2ccoo-0- d m d d o~ommZ CC ° m } cUCIE mu'c m >°CocOdm ° d ~2 c M2 '0d E o, c Q .c (D QY~ c Q m d c 1 C a2z E< 'a) a) CD- '0 ZQ Z ~dcd3~ H i C O, Eodmomo°3 o 0-.0 pQm m O Q Q Q H roc~QpSam 3 °c j t }U-a ~c0Qy ° c L_m~cw~3m N m d -:1 ca°mdrC-0 E > 4 Q~ U}3m R-0 : :2 a E LRm-0 C: m 5 ~y~~occdd 3 w m >M mcnmm d m o o ° P ° a a} o£ 3 C wfl - Vcn C° } ~ccOmCpEdCO U ° t U d Q Od~QYtC3 C-do D2 ° O t QV(D UC5(D- d 7 a d c cvcmEch~U C C c m c J odalmocct m g 0 a -0 5 ®CC:81t m m m m w ED C) (D O C o D ~LmdCOt}i~ C 3 y0OD G)-bQ C m j ap_ C 3 cooo-DE c a > > 3 y oEa"0 m a m mL C m rn O} m U C U L a0 U~CC`VO u~ ~ N U° a ~ m m~ w m 0 0• ~ d U I v c a d 0 c o d E ° O Q E O I -C o 3 0 a 0 0 m 0 U .Q o cn c`n Vi u CC O. G G U O U U a m c O E U any 8y ar`der cf thP,-f, iwn Caunpi of'"T o}L m±?'Cobmdo, on 1 e"inber.8.-19g3., - TOWN OFAVbN s.,'•'.rY ,'4 ,r_ Parriaiaa..Ooyjd•i F~bJiatied'in Tfie Nail~7raii ' c F -'OIi-Novgmbefg7.-1983• _i,?:-*'*'° (Attach Affidavit of Publication of Notice to Property Owners of Levy of Assessments) -40- 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 7:30 P.M. ON THE 25TH DAY OF OCTOBER, 1983, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE N0.#83-37, SERIES OF 1983: AN ORDINANCE CONCERNING TOWN OF AVON, COLORADO, THE TOWN CENTER MALL IMPROVEMENT DISTRICT; DESIGNATED BY THE SHORT TITLE "MALL DISTRICT ASSESSMENT ORDINANCE"; RATIFYING ACTION HERETOFORE TAKEN IN CONNECTION THEREWITH; ASSESSING THE COSTS OF THE MALL AND PARK IMPROVEMENTS THEREIN, INCLUDING ALL INCIDENTAL EXPENSES, AGAINST THE LOTS, OTHER TRACTS OR PARCELS OF LAND SPECALLY BENEFITED THEREBY AND INCLUDED WITHIN THE,) DISTRICT; DESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENTS; PROVIDING PENALTIES FOR DELINQUENT PAYMENTS; PROVIDING FOR THE DISBURSEMENT OF THE ASSESSMENTS AND ANY PANALTIES; AND PROVIDING OTHER DETAILS IN CONNECTION WITH SUCH MATTERS. Following this hearing the Council may consider final passage of this ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 14th day of October , 1983. TOWN OF AVON, COLORADO BY- Patricia J. Do e, Town C erk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 14, 1983. THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTER GAS STATION; AND THE MAIN LOBBY IN THE MUNICIPAL BUILDING