TC Ord. No. 1987-110 • JUN 1 1 1987
ORDINANCE NO. 87-11
AN ORDINANCE CONCERNING TOWN OF AVON,
COLORADO, THE TOWN CENTER MALL IMPROVE-
MENT DISTRICT; CONFIRMING A NEW ASSESS-
MENT ROLL TO INCLUDE WITHIN SAID DISTRICT
A CERTAIN TRACT OMITTED THEREFROM; ASSESSING
THE COSTS.OF THE MALL AND PARK IMPROVEMENTS
THEREIN AGAINST SAID OMITTED TRACT;- AND
PROVIDING OTHER DETAILS IN CONNECTION
THEREWITH.
WHEREAS, the Town of Avon (the "Town"), in the
County of Eagle, and State of Colorado, is a municipal
corporation duly organized 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
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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 hearing 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
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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 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 benefited 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 of the Town, pursuant to the
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Charter and to the Code, by Ordinance No. 85-37, designated
in Section 1 thereof by the short title "Mall District
Assessment Ordinance" (the "Assessment Ordinance"), passed,
adopted and signed on November 8, 1983, assessed 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; and
WHEREAS, by order entered March 18, 1987, in case
no. 86CV420, district court for Eagle,County, it was ad-
judged that the following described real property was
omitted from the assessment roll for the Town of Avon,
Colorado, Town Center Mall Improvement District, heretofore
created by Ordinance No. 81-26, finally adopted on
August 25, 1981;
Lot B and Lot C, AVON CENTER AT BEAVER CREEK,
according to the plat recorded September 18, 1980
in Book 309 at Page 600.
PARCEL 2
Condominium Units 1101/1102, 1103,1104, 1105/1106,
1107, 1108A, 1108B, 1109A, 1109B, 1110, 1111,
1113, 1114, 1115,_1116, 1201, 1202, 1203, 1204,
1205, 1206, 1207 and 1209, AVON CENTER AT
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BEAVER CREEK-I, according to the Condominium Map
recorded December 11, 1981, in Book 333 at Page
285 and First Amendment thereto recorded June 3,
1982 in Book 341 at Page 247 and as defined and
described in the Condominium Declaration recorded
December 7, 1981 in Book 333 at Page 3, County of
Eagle and State of Colorado
which property was described in the assessment ordinance as
Lots A, B and C, Tract 2, Benchmark at Beaver Creek
Subdivision; and
WHEREAS, by Resolution No. 87-9, adopted March 24,
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1987, the Council gave requisite legal notice that on
April 28, yi987, at 7:30 P.M., the.Town Engineer would report
to the Council the amount which should be borne by such
tract so omitted and to make a new assessment roll in
equitable manner with reference to the benefits received;
and
WHEREAS, the Council hereby confirms the new
assessment roll and hereby overrules all complaints, pro-
tests and objections, as in the opinion of the Council, the
assessment is equitable and just; and.the Council hereby
finds each and all of such complaints, protests and ob-
jections to be without sufficient merit and the share of
cost apportioned upon such tract or parcel of land in the
assessment roll and included within the District is equita-
ble and just and should be levied as confirmed; and
WHEREAS, the Council also finds, 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, due to the foregoing provisions and for
other good and sufficient reasons, the Council has de-
termined, 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:
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Section 1. For the purpose of paying the costs
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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 new Assessment roll, for
the District, the amounts and assessments shown in the roll
as follows:
Item No. Owner Lot No.
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Amount of
Final
Assessment
1 Western Gulf
Lots B $414,130.02
Savings and
and C
Loan Associa-
AVON CENTER AT BEAVER
tion
CREEK according to plat -
in Book 309 at Page 600;
Units 1101/1102, 1103, 1104,
1105/1106, 1107, 1108A, 1108B,
1109A, 1109B, 1110,
1111, 1113, 1114, 1115,
1116, 1201, 1202, 1203,
1204, 1205,11206, 1207,
and 1209,
AVON CENTER AT BEAVER
CREEK I, according to
Condominium Map in
Book 333 at Page 285
Section 2. The payment of the assessment made
pursuant to this ordinance is secured by a lien in the
amount assessed against the lots, tracts or parcels de-
scribed, assessed from the effective date of this ordi-
nance,prior and superior to all other liens, claims, mort-
gages, other encumbrances and titles, and all purchasers,
mortgagees or encumbrancers of such lots, tracts or parcels
shall held the same subject to such lien so created, whether
prior in time or not.
Section 3. One-half (1/2) of the assessment shall
be due and payable at the office of the Town Manager within
30 days after the date of publication of this ordinance
after final passage, without interest or penalty and without
demand. The remaining one-half (1/2) of the assessment
shall be due pro rata at such time as the lots, tracts, or
parcels assessed are conveyed by the present owner thereof,
Western Gulf-Savings and Loan Association,-also without
interest or penalty and without demand. The pro rata amount
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shall be determined as follows: when lots B and C or any
portion thereof are sold, one-half-of the remaining
assessment shall-be due, and when any commercial unit is
sold, a pro rata amount (calculated on a square-foot basis)
of the other one-half of the remaining assessment shall be
due. If the first installment is not paid when due,,the
entire amount of the assessment shall- become due and payable
in full and shall thereafter bear interest at the rate of
13.25% per annum until paid in full.
Section 4. The assessment and interest thereon
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shall be payable and collectable, shall constitute a lien
upon the property assessed, and its collection shall be
effected, all in the manner and at the time or times
provided in the Creation Ordinance, in the ordinance
authorizing 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 the
Assessment Ordinance, in this Ordinance and in the Local
Improvements Code, provided, payment of assessments in
installments is not authorized.
Section 5: The officers of the Town hereby are
authorized and directed to take all action necessary or
appropriate to effectuate the provisions of this ordinance.
Section-6. All orders, bylaws, resolutions,
ordinances, or parts thereof, in conflict with this ordi-
nance are hereby repealed. This repealer shall not be
construed to revive any order, bylaw, resolution, or ordi-
nance, or part thereof, heretofore repealed.
Section 7. If any section, paragraph, clause or
other provision of this ordinance is for any reason held to
be invalid or unenforceable, the invalidity or unen-
forceability of such section, paragraph, clause, or other
provision shall not affect the validity of the remaining
provisions of this ordinance.
Section 8. Pursuant to Section 15.5 of the
Charter, no'action or proceeding, at law or in equity,- to
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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
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 9. 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
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PUBLISHED this 28th day of April, 1987.
/s/ Allan R. Nottingham
Allan R. Nottingham, Mayor
Town of Avon, Colorado
ATTEST:
/s/ Patricia J. Doyle
Patricia J. Doyle, Town Clerk
Town of Avon, Colorado
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ADOPTED AND APPROVED this 26th day of May, 1987.
Allan ottin am, Mayor
Town of'Avon, Colorado
02052787
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STATE OF COLORADO
COUNTY OF EAGLE
CERTIFICATION
SS
01 11 JM7
380082
BOOK..1~~++}}l~~`~~~
PAGF- +d..a
"EACLE CTY RECORDER
2 0-3 fM #87
I, Patricia J. Doyle, DO HEREBY CERTIFY that I
am the Town Clerk of the Town of Avon and the keeper of
the records and corporate seal of said municipal corpora-
tion; and that the attached is a true copy of Ordinance No.
87-11, Series of 1987 - of the Town of Avon, County
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of Eagle and State of Colorado, and that said Ordinance
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is in full force and effect at the date hereof, and the
original is in my custody as Town Clerk.
WITNESS my hand and official seal of the Town
of Avon, County of Eagle, State of Colorado, this 27th
day of May 1987.
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(SEAL)
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
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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
12TH DAY OF MAY, 1987 AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 87-11, SERIES
OF 1987:
AN ORDINANCE CONCERNING TOWN OF
MALL IMPROVEMENT DISTRICT; CONF
TO INCLUDE WITHIN SAID DISTRICT
ASSESSING THE COSTS OF THE MALL
AGAINST SAID OMITTED TRACT; AND
CONNECTION THEREWITH.
AVON, COLORADO, THE TOWN CENTER
IRMING A NEW ASSESSMENT ROLL
A CERTAIN TRACT OMITTED THEREFROM;
AND PARK IMPROVEMENTS THEREIN
PROVIDING OTHER DETAILS IN
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.
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of this Ordinance.
This notice is given and published by order of the Town Council
of the Town of Avon.
Dated this 28th day of April, 1987.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON APRIL 29, 1987:
THE AVON POST OFFICE IN THE MAIN LOBBY
THE CITY MARKET IN THE MAIN LOBBY
PESTER GAS STATION; AND
THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
Return to: COSGRIFF, DUNN & ABPLANALP
P. O.Box 2299, Vail, CO 81658