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TC Res. No. 1981-04• • RESOLUTION NO. #.81-4 Series of 1981 A RESOLUTION OF THE TOWN COUNCIL ESTABLISHING A PEDESTRIAN MALL ON A PORTION OF TRACT G, BLOCK 22 TOWN OF AVON; MAKING THE DETERMINATIONS REQUIRED BY LAW; SETTING FORTH PRO- POSED REGULATIONS FOR USE OF THE PEDESTRIAN MALL BY VEHICLES; SETTING FORTH THE MANNER OF PAYMENT OF COSTS AND CLAIMS FOR THE ESTABLISHMENT OF A PEDESTRIAN MALL; SETTING A PUBLIC HEARING FOR THE SUBMITTAL AND CONSI- DERATION OF CLAIMS FOR DAMAGES AND THE FIRST READING OF AN ORDINANCE ESTABLISHING A PEDESTRIAN MALL; DIRECTING THAT NOTICE BE SENT OF SUCH HEARING; AND SETTING FORTH DETAILS IN RELATION TO THE FOREGOING WHEREAS, the Town Council has adopted Resolution 80-16,1 Series of 1980, expressing its intention to establish certain pedestrian malls with limited vehicular use; and WHEREAS, a public hearing was held'by the Town Council on March 242 1981, after being continued from January 13, 1981; and WHEREAS, no written protests were received; and WHEREAS, it is the opinion of the Town Council that it would be in the public interest that certain areas be used as a pedestrial mall and therefore establishes the same; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL THE TOWN OF AVON, COLORADO, that: Section 1. The following streets and public ways ithin the Town of Avon shall be established as a pedestrian all with vehicular travel thereon limited in accordance with ection 3 of this Resolution: (a) See Exhibit "A" attached hereto and orporated herein by reference. Only streets or public ways specifically referred to this Resolution#81-4 are established as a pedestrian mall, nothing herein shall be construed to establish or create other streets or public ways within the Town of Avon as estrian malls. Section 2. Additional details of the mall area is vailable at the office of the Town Clerk during regular business ours. 4- n ~I shall b traffic Section 3. The primarily for the may use the same as • pedestrian mall hereby established use of pedestrians, but vehicular follows: (a) Public transportation vehicles operated by the Town or other public entities; and (b) Emergency vehicles. Section 4. All co the pedestrian mall may later owners of property benefiting in whole or in part when such been included in a general or established in accordance wit is and expenses of establishing be assessed or charged against from the establishment of the mall areas, or portions thereof, have special improvement district the Charter of the Town. Section 5. There shall be a public hearing before the Town Council for the purpose of receiving and considering all written claims for damages from persons owning or having a legal or equitable interest in any real property which might suffer legal damage by reason of the establishment of the pedes- trian mall. Said public hearing shall be held at 7:30 P.M. on May 12, 1981, Council Chambers, Benchmark Shopping Center, Avon, Colorado. The Town Council directs the Town Clerk to mail a copy of this Resolution by regular mail to all persons to whom Resolution 80-16 was mailed no later than thirty days prior to the date of the public hearing. The public hearing may be continued from time to time by the Town Council. Section 6. Any person owning or having any legal or equitable interest in any real property which might suffer legal damage by reason of the establishment of the proposed pedestrian mall, or any portion thereof, must file a written claim therefor in order for any such damages to be considered or allowed. Such must be filed with the Town Clerk at any time prior to the first reading of the ordinance establishing the pedestrian mall. Such first reading may occur on May 12, 1981. Unless a written claim is made on or before the first reading of the ordinance estab- lishing the pedestrian mall, it will be late and, if late, will not be considered as it cannot be allowed. More details on the particulars of the information which must be included on the claim and other rights of property owners are contained in Colorado Revised Statutes, Section 31-25-406 (1973, as amended in 1975). Section 7. The Town Council may adopt on first reading an ordinance finally establishing the pedestrian mall on May 12, 1981, or at the conclusion of the public hearing on claims. Section 8. The Town Clerk is directed to have this ;Resolution published once in full in the Vail Trail newspaper no later than thirty days prior to the public hearing on claims. INTRODUCED, READ, APPROVED, AND ADOPTED, this 24th day of March, 1981. -2- ATTEST: own C • 0 TOWN OF AVON By -3-