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TC Ord. No. 2006-07 Amending Title 12 and 16 muni code of the TOA to increase any guarantee of public improvements to two yearsTOWN OF AVON, COLORADO ORDINANCE NO. 06-07 SERIES OF 2006 AN ORDINANCE AMENDING TITLES 12 AND 16, MUNICIPAL CODE OF THE TOWN OF AVON, TO INCREASE ANY GUARANTEE OF PUBLIC IMPROVEMENTS TO TWO YEARS COLORADO: BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, Section 1. Amendment. Section 12.04.450, Chapter 12.04 of Title 12, Avon Municipal Code, is amended to provide as follows: If any settlement in a restored area occurs within a period of two (2) years from the date of completion of the. permanent restoration, any expense incurred by the Town in correcting such settlement shall be paid by the permittee, unless proof is submitted by the permittee satisfactory to the Director of Public Works that the settlement was not due to defective backfilling. Failure to backfill properly may be grounds for revocation of permittee's contractor's license. Section 2. Amendment. Section 16.24.110, Chapter 16.24 of Title 16, Avon Municipal Code, is amended to provide as follows: After a two-year performance period, upon improvement completion or a required improvement revision, the subdivider may apply to the Town Council for release of part or all of the collateral deposited with the Town Council. Upon inspection and approval, the Town Council may authorize release of said collateral. If the Town Council determines that any of such improvements are not constructed in substantial compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to retain collateral sufficient to ensure such substantial compliance. If the Town Council determines that the subdivider will not construct any or all of the improvements in accordance with all of the specifications, the Town Council may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvements in accordance with the specifications or return the land to its previous condition. Section 3. Amendment. Subsection c. of Paragraph (5) of Section 16.24.140, Chapter 16.24 of Title 16, Avon Municipal Code, is amended to provide as follows: All required subdivision improvements, as specified in this Title and other applicable Town ordinances and regulations shall be fully constructed and be approved by the Town, and a written notice of approval shall be transmitted to the subdivider. The approval of the improvements by the Town shall be contingent upon the subdivider guaranteeing and being responsible for any defaults with said improvements for a two-year period. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 25th day of April, 2006, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 9th day of May, 2006, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 409,Be chmark Read, Avon, Colorado. _ Ronald C. Wolfe, Mayor " ATTEST:r rl. C Imo- ~4' t Mc envy, To n Clerk t°.; ° b INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED THE 9TH DAY OF 106. ~ ~ Q G Ronald C. Wolfe, Mayor ATTEST: AyM e M.,,' Tow Clerk APPROVED AS TO FORM: 144' 14 - Jo T W. Dunn, Town Attorney Ordinance No. 06-07 Titles 12 & 16 amendments Page 2 of 2 MEMORANDUM FROM: TOWN ATTORNEY TO: TOWN COUNCIL SUBJECT: WARRANTY FOR SUBDIVISION IMPROVEMENTS DATE: April 19, 2006 In connection with the negotiation of the subdivision improvements agreement for The Confluence, the Town asked, and the developer agreed, that there would be a two-year warranty on subdivision improvements. In the past only a one-year warranty has been required, which warranty period is reflected in the Town's municipal code. There is therefore included on your agenda an ordinance which accomplishes a two- year warranty requirement. The only change in the three code sections is amending "one-year" to "two year." The remainder of the language is the existing language which establishes the warranty period, among other things. JWD:ipse r. ~ L ORDINANCE NO. 06-07 AN ORDINANCE AMENDING TITLES 12 AND 16, MUNICIPAL CODE OF THE TOWN OF AVON, TO INCREASE ANY GUARANTEE OF PUBLIC IMPROVEMENTS TO TWO YEARS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 12.04.450, Chapter 12.04 of Title 12, Avon Municipal Code, is amended to provide as follows: If any settlement in a restored area occurs within a period of two (2) years from the date of completion of the permanent restoration, any expense incurred by the Town in correcting such settlement shall be paid by the permittee, unless proof is submitted by the permittee satisfactory to the Director of Public Works that the settlement was not due to defective backfilling. Failure to backfill properly may be grounds for revocation of permittee's contractor's license. Section 2. Amendment. Section 16.24.110, Chapter 16.24 of Title 16, Avon Municipal Code, is amended to provide as follows: After a two-year performance period, upon improvement completion or a required improvement revision, the subdivider may apply to the Town Council for release of part or all of the collateral deposited with the Town Council. Upon inspection and approval, the Town Council may authorize release of said collateral. If the Town Council determines that any of such improvements are not constructed in'substantial compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to retain collateral sufficient to ensure such substantial compliance. If the Town Council determines that the subdivider will not construct any or all of the improvements in accordance with all of the specifications, the Town Council may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvements in accordance with the specifications or return the land to its previous condition. Section 3. Amendment. Subsection c. of Paragraph (5) of Section 16.24.140, Chapter 16.24 of Title 16, Avon Municipal Code, is amended to provide as follows: All required subdivision improvements, as specified in this Title and other applicable Town ordinances and regulations shall be fully constructed and be approved by the Town, and a written notice of approval shall be transmitted to the subdivider. The approval of the improvements by the Town shall be contingent upon the subdivider guaranteeing and being responsible for any defaults with said improvements for a two-year period. . INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 25th day of April, 2006, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 9th day of May, 2006, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,.Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 9th day of May, 2006. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney