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TC Ord. No. 1987-26\J 'OWN OF AVON ORDINANCE 140. 87 - 26 Series of 1937 All ORDINANCE PROVIDING FOR THE AMEMNO r OF THE ZONRIG CODE OF THE 'T'OWN OF AVON BY THE AMENDNENT OF THE ORDINANCE ESTABLISHING 61ILDRIDGE SUBDIVISION AS A SPECIALLY PIANNED AIM OF THE TOWN OF AVON. IqMREM, Wildridge Development c q:)any has filed application with the Tawas of Avon to amend the zoning district map and the Qrd7.z=amces of ' the Town of Avon by effectively transferring certain development rights from Lot 59, Block 3, Wildridge SubdtVi-t;la~_ to Lot 60, Block 3, Wildridge Subdivision, as amended to the date of this ordinance and the modification of the uses heretofore authorized on such lots, through the amendment of the plan for the previously -established specially plannned area; and WHEREAS, public hearings have been held by the Planning Caunission of the Town of Avon, pursuant to notice: required by law, at which the applicants and the public were given an opportunity to express their opinions regarding the proposed amts; and WHEREAS, following such public hearings, the Planning cm nission forwarded reports and reomn ndations on the proposed amendment to the Tam Council; and Wes, after notice: provided by law, a public hearing was held before this Council on the 8th day of December , 1987, at which time the applicants and the public were given an opportunity to express their opinions regarding the proposed amendment; and WfmFEA.S, based upon the evidence, testimony, and exhibits, and a study of the Master Plan of the Town of Avon and the reccmTe elation of the Planning Cb mi..ssion of the Town of Avon, this council finds as follows: 1. The proper posting, publication and public notice was provided as required by law for the hearing before the Planning ar=ssion and the Town Council of the Town of Avon. 2. That the hearings Wefore the Planning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. • i 3. That the proposed annts to the Zoning District Map and Ordinances of the Tbwn of Avon are consistent with the Master Plan of the Town of Avon, provided that certain limitations hereinafter set forth be established in association with the respective specially planned areas. 4. That the requested amendment to the Zoning District Map and the Ordinances of the Town of Avon will be in the best interest of the health, safety, and welfare and morals of the citizens of the Tbwn of Avon. NOW, TfREFEFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. The Zoning District Map of the Town of Avon and the Specially Planned Area Plan for Wildridge Subdivision shall be and hereby are amended to reflect that Lot 59, Block 3, Wildridge Subdivision shall be and hereby is limited to one single family residential structure. Section 2. The Zoning District Map of the Town of Avon and the Specially Planned Area Plan for Wildridge Lot 60, Block 3, Wildridge Subdivision shall be and hereby is limited to use for one duplex residential structure. Section K Effective Date. The amendment to Specially Planned Area Plan for Wildridge Subdivision, the Zoning District Map and the Ordinances of the Town of Avon provided for herein shall take effect in accordance with the charter and the ordinances of the Town of Avon, and the Mayor and the Town Clerk are hereby directed and authorized to execute such documents as may be required to reflect the anent herein authorized, and to file a certified copy of such documents with the County Clerk and Recorder of Eagle County, Colorado. • E INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED THIS 2 4 th day of November 1987 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 8th day of December . 1987 at 7:30 P. M. in the Municipal Building of the Town of Avon. Allan R. ",or ATTEST : INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED THIS 8th day of December , 1987. Allan R. No tingham, yor ATTEST : 3 / pei-c~ Pa icia J. Doyle Torun C k 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 8TH DAY OF DECEMBER, 1987, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 87-26, SERIES OF 1987: AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING CODE OF THE TOWN OF AVON BY THE AMENDMENT OF THE ORDINANCE ESTABLISHING WILDRIDGE SUBDIVISION AS A SPECIALLY PLANNED AREA OF THE TOWN OF AVON 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. Follwing this hearing the Council may consider final passage of this Ordinance. This notice is given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 24th day of November, 1987. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE T017N OF AVON ON NOVEMBER 25, 1987: THE AVON POST OFFICE IN THE MAIN LOBBY THE CITY MARKET IN THE MAIN LOBBY PD QUIK; AND THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY DRAFT #4 J CERTIFIED RECORD of proceedings of the Town Council of- TOWN OF AVON Eagle County, Colorado relating to an Ordinance authorizing the issuance of its COLORADO PUBLIC- LEASING PROGRAM' REVENUE BONDS SERIES 1987 DATED DECEMBER 30, 1987 IN THE-MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $25,000,000 December 8, 1987 0 • STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF AVON ) The Town Council of the Town of Avon, Colorado, met in regular session, in full conformity with law and the Charter, ordinances and rules of said Town, at the Municipal Building, in Avon, Colorado, being the regular meeting place of the Council, on December 8, 1987, at 7:30 p.m. Upon roll call, the following were found to be present, constituting a quorum: Mayor: Mayor Pro Tem: Other Councilmembers: Allan R. Nottingham Steve Miller Al Connell Jerry Davis Emilie Harrison Gloria McRory Clinton Watkins Absent: None There were also present: Town Clerk: Patricia J. Doyle Town Manager: William James Town Attorney: John Dunn Thereupon, the following proceedings, among others, were had and taken. -1- ~J The Clerk announced that Ordinance No. 87-27, Series of 1987, AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE TOWN OF AVON'S COLORADO PUBLIC LEASING PROGRAM REVENUE BONDS SERIES 19871 IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $25,000,000; AUTHORIZING THE EXECUTION-AND DELIVERY-OF AN INDENTURE OF TRUST, AND THE EXECUTION AND DELIVERY OF MUNICIPAL LEASE AND INTERGOVERNMENTAL AGREEMENTS AND OTHER AGREEMENTS AND DOCUMENTS PERTAINING THERETO; APPOINTING A TRUSTEE AND BOND REGISTRAR; APPOINTING A PROGRAM. REPRESENTATIVE; AUTHORIZING ACTION REQUIRED TO EFFECTUATE THE EXECU- TION, DELIVERY, ISSUANCE AND`SALE OF SAID BONDS; RATIFYING ACTION PREVIOUSLY TAKEN CONCERNING SAID BONDS;" AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, which ordinance was introduced and read by title for the first time on November 24, 1987, had, as ordered by the Town Council, been published in the Vail Trail, a newspaper of general circulation in the Town of Avon, in its issue of November 27, 1987, and that the publisher's affidavit of publication of the ordinance is now on file in the' office of the Clerk. Thereupon, Ordinance No. 87-27,'Series of 1987, was read by title for.the second time, printed copies having been furnished to Councilmembers and members of the public in attendance. Mayor, Nottingham announced that this is the time and place for a public hearing on the adoption of ordinance No. 87-27, Series of 1987. After the close of the public hearing, Mayor Nottingham introduced Ordinance No. 87-27, Series of 198.7, for final consideration. It was thereupon moved ,:by 'Councilmember Harrison and seconded by Councilmetber ___:watkins that said Ordinance be amended to read as follows: -ii- • 0 ORDINANCE NO. 87-27, SERIES OF 1987 AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE TOWN OF AVON'S COLORADO PUBLIC LEASING PROGRAM REVENUE BONDS SERIES 1987, IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $25,000,000; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, AND THE EXECUTION AND DELIVERY OF MUNICIPAL LEASE AND INTERGOVERNMENTAL AGREEMENTS AND OTHER AGREEMENTS AND DOCUMENTS PERTAINING THERETO; APPOINTING A TRUSTEE AND BOND REGISTRAR; APPOINTING A PROGRAM REPRESENTATIVE; AUTHORIZING ACTION REQUIRED TO EFFECTUATE THE EXECU- TION, DELIVERY, ISSUANCE AND SALE OF SAID BONDS; RATIFYING ACTION PREVIOUSLY TAKEN CONCERNING SAID BONDS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH TOWN OF AVON Eagle County, Colorado December 8, 1987 WHEREAS, the Town of Avon (the "Town") in the County of Eagle and State of Colorado, is a municipal corpo- ration duly organized and existing under the Town's Home Rule Charter (the "Charter") adopted pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, Section 14.4 of the Charter provides: "The Town, pursuant to ordinance, and without an election, may borrow money, issue bonds, or other- wise extend its credit for purchasing, construct- ing, condemning, otherwise acquiring, extending or improving a water, electric, gas or sewer system, or other public facility or income-producing project or for any other capital improvement; provided that the bonds or other obligations shall be made payable from the net revenues derived from the operation of such system, utility or other such project or capital improvement, and provided, further, that any two or more of such systems, utilities, projects or capital improvements may be combined, operated and maintained as joint munici- pal systems, utilities, projects or capital improvements, in which case such bonds or other obligations shall be made payable out of the net -1- J • revenue derived- from the operation of such joint systems, utilities or capital improvements."; and WHEREAS; -Section 14.7 of the Charter further provides: "The aggregate amount of-,bonds or other evidences of indebtedness of the Town shall not exceed twenty-five percent (25x) of the assessed valuation of the taxable property within the Town as.shown by_ the last preceding assessment for Town purposes;'or, the sum of $15,000,000.00, whichever amount shall be greater provided, however, in-determining the amount of indebtedness, there shall not be included within the computation: (a) Bonds'or other evidences of 'indebtedness, outstanding or authorized to be issued for the acquisition, extension or improvement of.a municipal water-works system or municipal storm sewer, sanitary sewer, combined storm and sanitary sewers, or sewage'disposal systems; - (b) Short-term notes; (c). Special or local improvement securities; (d) Securities payable from the revenues of an income-producing system,, utility, project, or other capital improvement or from Town sales or use taxes. (e) Long-term installment -contracts other. than real property acquisitions, rentals and leaseholds pursuant to Section 14.9."; and WHEREAS, Section 18.2 of the Charter provides: The power to supersede any law of this State now or hereafter in force, insofar as it applies to local or municipal affairs shall be reserved to the Town, acting by, ordinance, subject only to restrictions of Article XX of the State Constitution. WHEREAS, the Council has determined and does hereby determine that the Town shall undertake a program (the "Program") involving the financing of the cost of acquisition of 'major movable and fixed equipment and.machinery of a type used or useful in connection with, the, essential governmental -2- • 0 functions of governments and political subdivisions of the State of Colorado (such major movable and fixed equipment and machinery being hereinafter referred to as the "Program Equipment", and such governments and political subdivisions being herein referred to as "Participants"); and WHEREAS, for the purpose of carrying out the Program and providing the Program Equipment for lease to the Participants, the Town shall issue its Colorado Public Leasing Program Revenue Bonds, Series 1987, in the maximum aggregate principal amount of $25,000,000 (the "Bonds"), pursuant to an Indenture of Trust dated as of December 30, 1987 (the "Indenture") by and between the Town and Denver National Bank, Denver, Colorado, a national banking associa- tion, as trustee (together with its successors and assigns, the "Trustee") ; and WHEREAS, the Town intends to apply the proceeds of the Bonds to the acquisition of Program Equipment, at the request of Participants; and WHEREAS, Part 2 of Article 1 of Title 29, Colorado Revised Statutes, as amended (the "Act"), encourages, author- izes and empowers governments and political subdivisions of the State of Colorado to cooperate with one another by entering into such intergovernmental agreements and contracts as they may from time to time determine to be in their best interests, to provide any function, service or facility lawfully authorized to each of them, including the sharing of costs and the incurring of debt, for the joint exercise of their municipal powers, and for their mutual benefit; and WHEREAS, the undertaking of the Program by the Town effects certain economies of scale, including but not limited to the minimizing of costs that would otherwise be incurred by Participants in acquiring the Program Equipment, and will allow Participants to benefit from the existence of readily available financing, at competitive market rates of interest, for the acquisition of Program Equipment; and WHEREAS, the Town intends to lease the Program Equipment to each respective Participant by entering into a series of Municipal Lease and Intergovernmental Agreements (the "Lease Agreements") by and between the Town and the Participants, which Lease Agreements the Town will assign to the Trustee as security for the Bonds and which, in the aggregate, shall provide for the payment by the Participants of rentals in amounts sufficient together with income from the investment of the Funds and Accounts established under the Indenture, to enable the Town to pay the principal of and -3- interest on the Bonds and other costs incurred in connection with the Program; and WHEREAS, the Town intends to cause a portion of the proceeds of the Bonds 'to be deposited in' an Equipment Acquisition Fund created pursuant to the Indenture, and to apply such moneys for the acquisition of Program Equipment at the request of Participants, as provided-in the Indenture; and WHEREASI the Town intends to cause a portion of the proceeds of the' Bonds to be, deposited in a Debt Service Reserve Fund created pursuant to the Indenture, -to be utilized as security for the payment of debt service on the Bonds, as provided in the Indenture; and WHEREAS, the Town intends that such proceeds as are initially deposited in the Equipment Acquisition Fund and the Debt Service Revenue Fund, as well as other moneys from time to time held by the Trustee pursuant to the Indenture, shall be invested-pursuant to the terms, covenants and-conditions of certain Investment Agreements (the "Investment Agreements")- _by and between the Trustee and certain financial institutions to be determined; and WHEREAS, the Town Council wishes to approve the form, terms, covenants and conditions -of such Investment Agreements and the manner provided therein for the investment of moneys on deposit in the Equipment'Acquisition Fund, the Debt Service Reserve Fund, or otherwise held by the Trustee under the Indenture; and WHEREAS, the Town Council wishes to approve the manner provided in the Indenture for- the further investment of other moneys held from time to time by the Trustee under the Indenture; and WHEREAS, there have been presented to and filed with the Council for review at this meeting (1) the proposed form of the Bonds; (2) the, proposed form of the Indenture; (3) the proposed-form,of a 'Bond Purchase Agreement dated as of December 8, 1987, (the "Bond-Purchase Agreement"), by and between the Town and George K. Baum &'Company, Denver, Colorado (the "Underwriter"); (4) the--proposed form of a Program Administration Agreement dated- as-of December 30, 1987 (the "Program Administration Agreement"), by and between the Town and George K. Baum & Company, Denver, Colorado, as program representative (the ~"Program Representative"); (5) the proposed form of - Lease Agreement; (6) the proposed form of.an Arbitrage Regulation Agreement dated as of December 30, 1987 (the "Arbitrage Regulation Agreement"), by -4- i • and between the Town and the Trustee; and (7) the proposed form of the Investment Agreements. THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO, THAT: Section 1. Authorization. There is hereby authorized the issuance of the Colorado Public Leasing Program Revenue Bonds, Series 1987, in an aggregate principal amount not to exceed $25,000,000, to be dated as of December 30, 1987 (the "Bonds"). The Bonds shall be issued pursuant to the terms of the Indenture, in the original principal amount and having the maturity dates and bearing interest at the rates per annum as specified in the Inden- ture; and shall otherwise be issued in the form and manner and have such terms and conditions as provided in, and shall be delivered in accordance with, the terms, covenants, conditions of the Indenture. The Bonds shall not constitute the debt or indebtedness of the Town or the State of Colorado or any political subdivision or agency thereof or of the Participants within the meaning of any provision or limita- tion of the Constitution or laws of the State of Colorado, or personal obligations of the members of the Town Council, but shall be the special and limited obligations of the Town payable solely out of the Trust Estate held by the Trustee therefor under the Indenture. Section 2. Approvals. (a) Indenture The Indenture shall be in substantially the form presented to the Town Council at this meeting. The form, terms, covenants and conditions of the Indenture are hereby approved and adopted, and the Mayor and Town Clerk are hereby authorized to execute, attest and affix the seal of the Town to the Indenture on behalf of the Town, and to deliver the same as appropriate. (b) Bond Purchase Agreement. The Bond Purchase Agreement shall be in substantially the form pre- sented to the Town Council at this meeting. The form, terms, covenants and conditions of the Bond Purchase Agreement are hereby approved and adopted, and the Mayor and Town Clerk are hereby authorized to execute, attest and affix the seal of the Town to said Agreement on behalf of the Town, and to deliver the same as appropriate. (c) Program Administration Agreement. The Program Administration Agreement shall be in substantially the form presented to the Town Council at this meeting. The form, terms, covenants and conditions of the Program -5- Administration Agreement are hereby approved and adopted, and the Mayor and Town Clerk are hereby authorized, to execute, attest and affix the seal of the Town to said Agreement on behalf of the Town, and*to deliver-the same'as appropriate. (d) Lease-Agreements.. The Lease Agreements shall be in substantially'the form presented to the Town Council at this meeting. The form,- terms, ~ covenants and conditions' of the Lease Agreement are hereby approved and adopted, and the'Mayor, the Town Clerk and the Town Manager, and,any other persons who may from time to time be designated in writing by the Mayor, are authorized, on behalf of the Town, to -execute,_attest and affix the seal of the Town to such Lease Agreements as may from time to - time be entered into by and between the Town and other "governments" (as such term is defined in Colorado Revised Statutes § 29`-1-202, as amended), and.as such Agreements may be presented tothe Town from., time to time by the Program Representative or - the Trustee for execution on behalf of the Town; and to deliver the same as appropriate. (e) Arbitrage Regulation Agreement. The Arbitrage Regulation Agreement shall be in substantially the form presented to the Town Council at this meeting. The form, terms, covenants and conditions of the Arbitrage Regulation Agreement are hereby approved and adopted,, and the Mayor and Town Clerk are hereby authorized to execute, attest and affix the seal of the Town to said Agreement on behalf of the Town, and to deliver the same as appropriate. (f) Investments. The Investment -Agreements shall be in substantially the form presented to. the- Town Council at this meeting. The form, terms, covenants and conditions of the Investment Agreements are hereby approved and adopted; and'the manner provided therein for the invest- ment of moneys of the Town on deposit in the Equipment Acquisition Fund, the Debt Service Reserve Fund, or'otherwise held from time to time by the Trustee under the Indenture, is hereby approved. Such Agreements shall be executed and delivered in substantially the forms presented to the Town Council "at this meeting; but may be executed and delivered with such modifications as are consistent with the purposes of this Ordinance. The manner provided in the Indenture for the further investment of other moneys held from time to-time by the Trustee under the'Indenture is-also approved. (g) Modifications. The documents described in subsections a, b, c, - d, e, and f of this Section 2, and the Bonds referenced' to in Section 3 hereof, shall be executed and. delivered in substantially the forms presented -6- 0 to the Town Council at this meeting, but may be executed and delivered with such modifications as are consistent with the purposes of this Ordinance and as shall be approved by the Mayor, the execution of such documents by the Mayor being conclusive evidence of the approval of any such modifica- tions. It shall not be necessary that the same persons execute each of such documents. Section 3. Approval and Execution of Bonds. The Bonds shal be in substantially the form presented to the Town Council at this meeting. The form, terms, covenants and conditions of the Bonds are hereby approved and adopted. The Bonds shall be delivered to the Trustee for authentication, and the Trustee is hereby requested to authenticate and deliver the Bonds to or upon the order of the purchasers thereof, as shall be requested in writing by the Mayor of the Town; and the Mayor of the Town is hereby authorized to execute and deliver such request upon satisfaction of the conditions precedent to delivery of the Bonds as set forth in the Indenture. The Bonds shall be executed on behalf of the Town by the Mayor and Town Clerk of the Town by manual or facsimile signature. Section 4. Trustee. Denver National Bank, Denver, Colorado, a natiTonal banking association, is hereby appointed to serve as Trustee and Bond Registrar under the Indenture. Section 5. Program Representative. George K. Baum & Company, Denver, Colorado, is hereby appointed to serve as Program Representative under the Program Administra- tion Agreement. Section 6. Authorization of Officers. Any.of the Mayor, the Town Clerk and the Town Manager of the Town is hereby further authorized and directed on behalf of the Town to accept, receive, transfer, assign, execute, attest and deliver all such other documents, instruments, certificates and other materials as are necessary or convenient in connec- tion with the authorization, issuance, sale and delivery of the Bonds, the Indenture, the Lease Agreements, the Bond Purchase Agreement, the Program Administration Agreement and the Arbitrage Regulation Agreement, or otherwise in further- ance of the Program, to take such further actions as may be necessary or convenient in connection therewith. Section 7. Information Reporting. The proper officials of the Town are hereby authorized and directed to file with the Secretary of the Treasury, not later than the fifteenth (15th) day of the second (2nd) calendar month -7- LJ C7~ following the close -of the calendar quarter in which the Bonds are issued, a, statement on Form 8038-G concerning the Bonds. Section 8. Adoption of Covenants. All covenants, statements, representations and agreements contained in the Bonds, the Indenture, the Lease Agreements, the Bond-,Purchase Agreement, the Program Administration. Agreement and the Arbitrage Regulation Agreement are hereby approved and adopted as the covenants, statements, representations and agreements of the Town. Section 9: Facsimile Signatures. Pursuant to the Uniform Facsimile Signature of Public Officials Act, Colorado Revised Statutes H 11-55-101 to -1,10, as amended, the Mayor and Town Clerk of the Town shall forthwith, and in any event prior to the time the Bonds are delivered to the Underwriter, file with the Colorado Secretary of State their manual signatures certified by them under oath. Section 10. Ratification. All actions-heretofore taken and approved by the Town Council relating to the plans and specifications -for providing the Program and all such actions directed toward the financing of the Program and the issuance and sale-of the Bonds therefor, are hereby ratified, approved and confirmed. Section 11. Other Actions. The appropriate officers and members of the Town Council. are hereby author- ized and directed to take all other actions necessary or appropriate to effectuate the provisions of this ordinance, including, but not limited to, the execution-of such certifi- cates and affidavits as may reasonably be required by bond counsel and by the Underwriter of the Bonds. Section 12. Prior Inconsistent Actions; Repealer. All ordinances, acts, orders; resolutions, or part thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict. - This repealer shall not be construed so as to' revive any ordinance, act, order, resolu- tion, or part thereof, heretofore repealed. Section 13. Severability. Each Section of this ordinance and each subdivision or paragraph of any Section hereof is hereby declared to be independent, and should any Section of this ordinance or subdivision or paragraph of any Section-hereof be judicially adjudged invalid or unenforce- able, such judgment shall not affect, -impair,or invalidate any other Section, subdivision or paragraph of this -8- • • Ordinance, the intention being that the various Sections, subdivisions and paragraphs hereof are severable. Section 14. Interpretation; Captions. Notwith- standing anything to the contrary, the terms, covenants and conditions set forth herein shall be liberally construed to effectuate the purposes described, and sustain the validity hereof, and nothing shall be deemed to prohibit or limit any action, stated or otherwise, allowed by law unless specifi- cally constrained herein. Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa; words of the singular number shall be construed to include correlative words of the plural number and vice versa; and the terms "hereof", "hereby", "hereto", "hereunder" and similar terms mean and refer to this Ordinance. The captions set forth in this Ordinance are for convenience of reference only, do not form a substantive part of this Ordinance, and shall not be interpreted as to re- strict or enlarge a substantive provision of this Ordinance. Section 15. Amendment; Irrepealability. After the Bonds authorized herein are issued, sold, and are outstand- ing, this Ordinance shall not be modified or amended and shall be and remain irrepealable, until all of said Bonds and the interest accruing thereon shall be fully paid, satisfied and discharged. Section 16. Legislative Determination. It is hereby determined and covenanted by the Town that all acts and conditions necessary to be done or performed by the Town and the Town Council or to have occurred precedent to and in conjunction with the issuance of the Bonds in order to make them legal, valid and binding special and limited obligations of the Town enforceable in accordance with their terms, have been performed and have happened in regular and due form as required by law; and the Bonds, and all procedures undertaken incident thereto, are in full compliance and conformity with all applicable requirements, provisions and limitations prescribed by the Constitution of the State of Colorado and other laws of the State of Colorado thereunto enabling. Section 17. Disposition of Ordinance. This Ordinance, as adopted by the Council, shall be numbered and recorded by the Town Clerk in the offical records of the Town. The adoption and publication shall be authenticated by -9- the signatures-of the Mayor ficate of publication. and Town Clerk, _and by certi- Section 18. Effective Date. This Ordinance shall be in full force and effect seven (7) days after its publica- tion in a newspaper of general circulation in the Town upon its final passage. INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED-THIS 24TH DAY OF NOVEMBER, 1987. Mayor Town of Avon, Co orado (SEAL) es wn Clerk L To of Avon, Colorado ADOPTED AND APPROVED WITH AMENDMENTS THIS 8TH DAY OF DECEMBER, 1987. Mayor Town of Av n, Col ado US'EAL) -10- Town of Avon, Colorado The question being upon the passage and adoption of the amendments to the Ordinance, the roll was called with the following result: Those Voting Yes: Emilie Harrison Steve Miller Clint Watkins Gloria McRory Al Connell Jerry Davis Those Voting No: n ne Those Absent: wnrA 6 members of the Town Council having voted in favor of the motion, the presiding officer thereupon declared the motion carried and the proposed amendments duly passed and adopted. It was thereupon moved by Councilmember Miller and seconded by Councilmember Harrison that the foregoing amended Ordinance be approved on second and final reading and be published in full in a newspaper of general circulation in the Town. -iii- The question being upon the adoption of, such motion, the roll was called with the following result: Those Voting Yes: FTHI iP- H;~rriGnn S- U Mi 11 Pr 1'n Wa kins G1 orii Mngnry Al Connell Jerry Davis Those Voting No: Nnna• Those Absent: Nnne At least two-thirds of the members of the Town Council having voted in favor of such-motion, the presiding officer thereupon declared the motion carried. Thereupon, the Town Council considered other business-and-took other action not concerning the Bonds. Thereafter,- there being no further business to come before the meeting, on motion duly made, seconded and unani- mously carried,-the meeting was adjourned. Mayor. Town of Avon, Colorado (S E A L) ttes f Avon, Colorado -iv- STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF AVON ) I, Patricia J. Doyle, duly appointed and acting Clerk of the Town of Avon (the "Town"), Eagle County, Colorado, do hereby certify that the Ordinance set forth in the foregoing pages numbered 1 to 10 , inclusive, including supplemental pages (i) through (iv) hereof, constitute a true and correct copy of the record of proceedings of the Town Council of the Town, taken at a regular meeting thereof, held at the Town Hall, in Avon, Colorado, the regular meeting place of the Council, on Tuesday, December 8, 1987, insofar as said proceedings relate to the introduction and passage on second and final reading of an ordinance therein set forth, concerning the sale and issuance of certain revenue bonds of the Town. I further certify that attached hereto is an affidavit of publication of said ordinance as passed on second and final reading by the Town Council at said meeting; and that the Mayor and A other members of the Town Council were present at the meeting and the members of the Council voted as in the minutes set forth. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Avon, Colorado, this 8th day of December , 1987. (S E A L) ~a3-~