TC Ord. No. 2003-03 Repealing and reenacting section 12.04.110 repealing section 12.04.130 repealing section 12.04.220 and repealing and reenacting section 12.04.280 of title 12 of the avon muni code (streets,sidewalks, and public places)TOWN OF AVON
ORDINANCE NO. 03-03
Series of 2003
AN ORDINANCE REPEALING AND REENACTING SECTION 12.04.110, REPEALING
SECTION 12.04.130, REPEALING SECTION 12.04.220 AND REPEALING AND
REENACTING SECTION 12.04.280 OF TITLE 12 OF THE AVON MUNICIPAL CODE
(STREETS, SIDEWALKS AND PUBLIC PLACES)
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, STATE OF COLORADO, THAT:
SECTION I.
Section 12.04.110 of the Avon Municipal Code of the Town of Avon is hereby repealed and
reenacted to read as follows:
12.04.110 Permit, Review and Inspection Fees - Schedule.
A. Said fees shall be used.to defray the expected costs of engineering review and
inspection of underground structure installations and related construction.
B. Fees for the review of the application, including specifications and sketches; and for
inspection as the work progresses shall be assessed by the following schedule:
1. Base Permit Fee: $175.00
Includes permit for one (1) longitudinal cut where the excavation trench is not more
than fifty (50) linear feet, one (1) driveway installation or one (1) transverse cut.
2. Additional transverse cut or driveway installation. $50.00 per each
3. Longitudinal Installation greater than fifty (50) linear feet:
Base Permit Fee plus additional costs per section 12.04.110 C.
C. Additional Fees. The Town may also assess and collect such additional fees as it may
deem appropriate for work within the public ways of the Town; provided, that, when
operating pursuant to the authority granted by this provision, the town shall base such
additional fees upon the actual cost, whether by Town employees or independent third
parties, of performing related plan and document review and inspection of construction in the
public way, including testing and engineering fees. Such additional fees may be charged on
a per-unit basis, such as per foot or per mile, and the town may also include in such
additional fees a factor for overhead or other indirect expenses.
SECTION II.
Section 12.04.130 of the Avon Municipal Code of the Town of Avon is hereby repealed and
deleted in its entirety.
SECTION III.
Section 12.04.220 of the Avon Municipal Code of the Town of Avon is hereby repealed and
deleted in its entirety.
SECTION IV.
Section 12.04.280 of the Avon Municipal Code of the Town of Avon is hereby repealed and
reenacted to read as follows:
12.04.280 Security.
Each applicant, before being issued a permit, shall provide the town with an acceptable
security deposit of not less than two thousand dollars to guarantee faithful performance of the
work authorized by a permit granted pursuant to this chapter. Said security deposit shall be
in the form of a cash deposit, irrevocable letter of credit, or certificate of deposit issued by a
bank within the State of Colorado. The amount of the security deposit required may be
increased in the discretion of the director of public works whenever it appears that the
amount and cost of the work to be performed may exceed the amount of security deposit
otherwise required under this section. The term of the security deposit shall run for a period
of two years from the date of final inspection and approval, by the director of public works,
of all work performed under the permit. Public utilities may submit a corporate bond without
sureties. No security deposit shall be required id connection with a permit issued for
driveway installation in conjunction with a building permit for development of a site for
which the driveway will provide access.,
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
THIS day of, 2003, and a public hearing shall be held at the
regular meeting of the Co cil f the Town of Avon, Colorado on the I~"= day
of , 2003 a :30 P.M. in the Municipal Building of the Town of Avon,
Town of Avon, Colorado
• Town Council
Albert D. Reynolds, Ma or
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ATTEST:
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Patty,
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To C1
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this 11 day of , 2003.
.Z OF Town of Avon, Colorado
P~ Town Council
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Albert D. Reynolds, Ma or
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ATTEST: P"~ PA G
Pa y M -envy,
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Approved as to Form
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John unn, Town Attorney
3
STATE OF COLORADO )
COUNTY OF EAGLE) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 11TH DAY OF FEBRUARY 2003, AT THE
TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF THE FOLLOWING ORDINANCES:
Ordinance No. 03-03, Series of 2003, An Ordinance repealing and reenacting Section
12.04.110, repealing Section 12.04.130, repealing Section 12.04.220 and repealing and
reenacting Section 12.04.280 of Title 12 of the Avon Municipal Code (Streets,
Sidewalks and Public Places) (Norm Wood)
A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 30th day of January 2003
TOWN OF AVON, COLORADO
BY: eez>m 'h:'
Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
January 30, 2003
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
STATE OF COLORADO )
COUNTY OF EAGLE) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO ADOPTED ON THE 11TH DAY OF FEBRUARY 2003 THE FOLLOWING
ORDINANCES:
Ordinance No. 03-03, Series of 2003, An Ordinance repealing and reenacting Section
12.04.110, repealing Section 12.04.130, repealing Section 12.04.220 and repealing and
reenacting Section 12.04.280 of Title 12 of the Avon Municipal Code (Streets,
Sidewalks and Public Places) (Norm Wood)
A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: Qc-'
Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
FEBRUARY 15, 2003:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer,,r
Anne Martens, Assistant Town Engineer
Date: February 1, 2003
Re: Ordinance No. 03-03 (Public Ways Review Fees) - Second Reading
Public Hearing
Summary: Attached Ordinance No. 03-03, Series of 2003, repeals and reenacts
Section 12.04.110, repeals Section 12.04.130, repeals Section 12.04.220 and repeals and
reenacts Section 12.04.280 of the Avon Municipal Code. This action includes revising the
Public Ways Permit Review and Inspection Fee Schedule to more accurately reflect the actual
costs associated with the review and inspection of the various type permits. This action also
includes revising the acceptable security and duration of surety to be submitted to the Town to
guarantee faithful performance of the work permitted.
The Public Ways permit review costs have been estimated in accordance with the attached
Personnel Hourly Rate Calculations and Proposed Public Ways Review Fees. The Personnel
Hourly Rate Calculations are the same as presented with the Subdivision Review Fees. The
attached Proposed Public Ways Review Fee calculations include a comparison with our
current fees as well as Eagle County, Town of Vail and Town of Gypsum Public Ways review
fees. We also compared projected revenues with the proposed fee schedule and the current fee
schedule. Total review fees collected in 2001 would have increased from $2210 to $4450 and
in 2002 would have increased from $3188 to $5695 with the proposed fee schedule per
attached Right-of Way Permit Fee Comparison. This increase is m-line with projected
revenues in the 2003 Budget that anticipated a revised fee schedule being adopted. The
permits issued in 2002 included several large permits that required multiple inspections. The
revisions to Section 12.04.110 allows for the town to collect on the extra inspections when
necessary.
The current Public Ways Review and Inspection Fee Schedule was adopted nearly twenty
years ago and we recommend approval of Ordinance No. 03-03, Series of 2003, An Ordinance
Repealing and Reenacting Section 12.04.110, Repealing Section 12.04.130, Repealing Section
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12.04.220 and Repealing and Reenacting Section 12.04.280 of Title 12 of the-Avon Municipal
Code to establish Permit Review and Inspection Fees that more accurately reflect the actual
cost of the Right-of-Way review process along with revisions to the required Security type and
duration acceptable to ensure compliance.
Previous Council Action: Ordinance No. 03-03, Series of 2003 was approved
on First Reading at the January 28, 2003 council meeting.
Financial Implications: Proposed Public Ways Review and Inspection Fee
Schedule will increase revenues to more closely match Public Ways review and inspection
expenses. Public Ways Review and Inspection Fees were increased approximately $3,150 in
the 2003 Budget in anticipation that a revised fee schedule would be adopted.
Recommendation: Approve Ordinance No. 03-03, Series of 2003, An
Ordinance Repealing and Reenacting Section 12.04.110, Repealing Section 12.04.130,
Repealing Section 12.04.220'.and Repealing and Reenacting Section 12.04.280 of Title 12 of
the Avon Municipal Code (Streets, Sidewalks, and Public Places).
Proposed Motion: I move to, approve Ordinance No. 03-03, Series of 2003; An
Ordinance Repealing and Reenacting Section 12.04.110, Repealing Section 12.04.130,
Repealing Section 12.04.220 and Repealing and Reenacting Section 12.04.280 of Title 12' of
the Avon Municipal Code (Streets, Sidewalks, and Public Places) on Second Reading.
Town Manager Comments:
Ajo
•
Memo
To: Honorable Mayor and To" Council
"ru: Larry Brooks, Town Manages'
From: Norman Wood, Town Engin4O~
Anne Martens, Assistant Town Engineer
Date: - January 23, 2002
Re: Ordinance No. 03-03 (Public Ways Review Fees) - First Reading
Summary: Attached Ordinance No. 03-03, Series of 2003, repeals and reenacts
Section 12.04.110, repeals Section 12.04.130, repeals Section 12.04.220 and repeals and
• reenacts Section 12.04.280 of the Avon Municipal Code. This action includes revising the
Public Ways Permit Review and Inspection Fee Schedule to more accurately reflect the actual
costs associated with the review and inspection of the various type permits. This action also
includes revising the acceptable security and duration of surety to be submitted to the Town to
guarantee faithful performance of the work permitted
The Public Ways permit review costs have been estimated in accordance with the attached
Peasormel Hourly Rate Calculations and Proposed Public Ways Review Fees. The Personnel
Hourly Rate Calculations are the same as presented with the Subdivision Review Fees. The
attached Proposed Public Ways Review Fee calculations include a compaison with our
current fees as well as Eagle County, Town of Vail and Town of Gypsum Public Ways review
fees. We also compared projected revenues with the proposed fee schedule and the current fee
schedule. Total review fees collected in 2001 would have increased from $2210 to $4450 and
in 2002 would have increased from $3188 to $5695 with the proposed fee schedule per
attached Right-of Way Permit Fee Comparison. This increase is in-line with protected
revenues in the 2003 Budget that anticipated a revised fee schedule being adopted. The
permits issued in 2002 included several large permits that required multiple inspections. -The
revisions to Section 12.04.110 allows for the town to collect. on the extra inspections when
ney.
The ctuieat Public Ways Review and Inspection Fee Schedule was adopted nearly twenty
years ago and we recommend approval of Ordinance No. 03-03, Series of 2003, An Ordinance
CAD===ft And semngsW-=d ft Do =MAATamV kd 030 M=OD=
Repealing and Reenacting Section 12.04.110, Repealing Section 12.04.130, Repealing Section •
12.04.220 and Repealing and Reenacting Section 12.04.280 of Title 12 of the Avon Municipal
Code to establish Permit Review and Inspection Fees that more accurately reflect the acftw
cost of the Right-of-Way review process along with revisions to the required Security type and..,
duration acceptable to ensure compliance.
Financial Implications: Proposed Public Ways Review and Inspection Fee
Schedule will increase revenues to more closely match Public Ways review and inspection
expenses. Public Ways Review and Inspection Fees were increased approximately $3450 in
the 2003 Budget in anticipation that a revised fee schedule would be adopted.
Recommendation: Approve Ordinance No. 03-03,' 'Series of 2003, An
Ordinance Repealing - and Reenacting -Section 12.04.110, Repealing. - Section 12.04.130,
Repealing Section 12.04.220 and Repealing and Reenacting Section 12.04.280 of Title 12 of
the Avon Municipal Code (Streets, Sidewalks, and Public Places).
Proposed Motion. I move to approve Ordinance No. 03-03, Series of 2003, An
Ordinance Repealing and Reenacting Section 12.04.110, Repealing Section- 12.04.130,
Repealing Section 12.04.220 and Repealing and Reenacting Section 12.04280 of Title 12 of
the Avon Municipal Code (Streets, Sidewalks, and Public Places) on First Reading. - :
Town Manager Commentse