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TC Res. No. 1981-10RESOLUTION NO. A RESOLUTION CONCERNING A PROPOSED LOCAL IMPROVEMENT DISTRICT TO BE KNOWN AND IDENTIFIED AS "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT"; DESIGNATED BY THE SHORT TITLE "MALL DISTRICT PROVISIONAL ORDER RESOLUTION"; DECLARING THE NECESSITY OF THE MALL AND PARK IMPROVEMENTS; DETERMINING THE DESIGNA- TION OF THE DISTRICT; STATING THE NATURE AND LOCATION OF THE MALL AND PARK IMPROVEMENTS TO BE MADE; PRESCRIBING THE DISTRICT TO BE ASSESSED; APPROVING AND ADOPTING THEREFOR THE PRELIMINARY PLANS AND SPECIFICATIONS, THE PRELIMINARY ESTI- MATE OF THE TOTAL COST, THE ASSESSMENT PLAT AND MAP, AND PRELIMINARY ASSESSMENT ROLL, OF THE DISTRICT; PRESCRIBING A NUMBER OF DETAILS CON- CERNING THE DISTRICT, THE MALL AND PARK IMPROVE- MENTS THEREIN, AND THE ASSESSMENTS TO BE LEVIED THEREFOR; PROVISIONALLY ORDERING THAT SUCH IMPROVEMENTS BE MADE; FIXING THE TIME AND PLACE FOR THE HEARING ON THE IMPROVEMENTS; AND PRE- SCRIBING NOTICE OF THE HEARING, THE DISTRICT, THE MALL AND PARK IMPROVEMENTS AND THE ASSESSMENTS. WHEREAS, the Town of Avon (the "Town"), in the County of Eagle, and State of Colorado, is a municipal corporation duly orga- nized 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 to the laws of the State, the Council of the Town (herein the "Council"), did adopt ordinance No~_-Z4(the "enabling ordinance"), read, passed and approved the 28th day of July, 1981, relating to local improve- ments and the financing thereof (the "Local Improvements Code"); and WHEREAS, pursuant to a resolution designated by the short title "Mall District Initial Resolution," Denton, Harper, Marshall and Associates, Inc. (herein the "Engineer"), of Denver, Colorado, has prepared and filed with the Town Clerk (herein the "Clerk") of the Town of Avon, Colorado, on July 28, 1981, the preliminary plans and specifications, preliminary estimate of total cost, assessment plat, and map, and the preliminary assessment roll, and other instru- ments relating to the District, all in connection with the proposed Town of Avon, Colorado, Town Center Mall Improvement District (herein the "District"), as ordered by such resolution; and -9- WHEREAS, the Town Council of the Town has examined such preliminary plans, estimate of costs, assessment plat, and map, and preliminary assessment roll, and other instruments, and has found, and does hereby declare, the same to be satisfactory in all respects; and WHEREAS, the Council has determined, and does hereby also declare, that the notice for a hearing which is provided herein is reasonably calculated to inform each interested person of the pro- ceedings concerning the District which may directly and adversely affect his or her legally protected rights and interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. This resolution shall be known as and may be cited by the short title "Mall District Provisional Order Resolution." Section 2. All action (not inconsistent with the provisions of this resolution) heretofore taken by the officers of the Town directed toward making certain local mall and park improvements, herein described, and the creation of the District, is hereby rati- fied, approved, and confirmed. Section 3. It is hereby redeclared that the mall and park improvements herein described will serve a public use and will pro- mote the health, safety, and general welfare of the citizens, inhab- itants and property owners in said proposed District to be formed therefor, and in said Town. Section 4. The preliminary plans and specifications, the estimate of the total cost, the assessment plat, and map, and the preliminary assessment roll, of the District, as prepared by the Engineer heretofore filed with the Clerk and presented to the Council on this July 28, 1981, are hereby accepted, approved, and adopted. Section 5. Th'e extent of the District to be assessed, the kind of mall and park improvements proposed, the number of install- ments and the time in which the cost of the improvements will be pay- able, the total estimated cost, the estimated proportion of the total estimated cost of the improvements to be assessed against the prop- erty specially benefited thereby and the estimated proportion to be paid by Town funds other than special assessments, and the method of levying assessments, shall be as provided in the form of notice -10- • i hereinafter prescribed and in said preliminary plans and specifications, said estimate.of total cost, said assessment plat and map, and in the assessment roll. Section 6. Said mall and park improvements (the "Project") are hereby provisionally ordered to be made when the same have been authorized by ordinance. Section 7. Tuesday, August 11, 1981, at the hour of p.m., at the Council Chambers in the Avon Town Hall, Avon, Colorado, is hereby fixed as the time and place for a hearing (to be held at least 10 days after the adoption of this resolution) at which the owners of the tracts to be assessed or any other person inter- ested herein may appear before the Council and be heard as to the propriety and advisability of acquiring the mall and park improve- ments, i.e., the Project. Section 8. Af ter the adoption of this resolution, the Clerk shall by published advertisement once not less than 8 days prior to the hearing, in the Vail Trail, a newspaper of general circulation in the Town of Avon and by mailing notice, postage prepaid, as first- class mail, at least 10 days prior to such hearing, to the last known address of each last known owner or owners of each tract within the proposed District whose property will be-assessed for the cost of the mall and park improvements proposed, such addresses and names of owners being obtained from the real property assessment rolls for general (as valorem) taxes of the county wherein such property is located, or from such other source or sources as the Engineer or Clerk or Deputy giving such notice deems reliable, give notice to the owners of tracts within the District and to all persons interested, generally, and without naming such owners or persons of: (a) The kinds of improvements (i.e., the Project) proposed (without mentioning minor details or incidentals); (b) The total estimated cost and the part or portion, if any, to be paid from sources other than assess- ments; (c) The basis for apportioning the assessments; (d) The number of installments and time in which the assessments will be payable; -11- • 9 (e) The extent of the improvement District to be assessed (by boundaries or other brief description) ; (f) The time and place when and where the Council will consider the ordering of the proposed project and will hear all complaints, protests, and objections that may be made in writing and filed with the Town Clerk at least 1 day prior thereto or may be made verbally at said hearing concerning the same, by the owner of any tract to be assessed or any person interest; and (g) The fact that the description of the tracts to be assessed, the amount estimated to be assessed on each such tract, and all proceedings in the premises are on file and can be seen and examined at the office of the Clerk during business hours, at any time, by any persons so interested; and (h) The notice shall be in substantially the following form: -12- (Form of Notice) NOTICE OF A PROPOSAL TO CREATE A LOCAL IMPROVE- MENT DISTRICT DESIGNATED "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT," TO CONSTRUCT CERTAIN MALL AND PARK IMPROVEMENTS THEREIN, AND TO LEVY SPECIAL ASSESSMENTS THEREFOR, AND OF A HEARING THEREON. NOTICE IS HEREBY GIVEN to the owners of property within the proposed Town of Avon, Colorado, Town Center Mall Improvement District (herein the "Town," the "State," and the "District"), and to all interested persons that: The Town Council of the Town of Avon, pursuant to its Charter, Ordinance No.*ffJ'and a resolution designated by the short title "Mall District Provisional Order Resolution," has provisionally ordered mall and park improvements (the "Project") to be constructed or installed in the District. If after the Council has considered the ordering of the proposed mall and park improvements and has heard all complaints and objections thereto, the Council shall decide to pro- ceed with the improvements and Project, the Council shall authorize them by ordinance. The Council has fixed Tuesday, August 11, 1981, at p.m., at the Town Council Chambers at the Town Hall, Avon, Colorado, as the time and place upon which a hearing shall be had, at which the owners of the tracts to be assessed or any other person interested therein may appear before the Council and be heard as to the propriety and advisability of acquiring the mall and park improvements the Project). Written complaints, protests, or objections concerning the District or the proposed mall and park improvements may be filed with the Town Clerk at least 1 day prior to the hearing or may be made verbally at the hearing concerning the same by the owner of any tract to be assessed or by any person interested. The location and nature of the mall and park improvements to be made (without mentioning minor details or incidentals) and the area and parts thereof, in and along which the improvements hereinaf- ter described shall be made are as follows: LOCATION The mall and park improvements shall be constructed and installed on a portion of Tract G, Benchmark @ Beaver Creek Subdivision, owned by the Town of Avon. The improvements commence at -13- the Northeast line of Benchmark Road and extend Northwesterly approximately 950 feet. The Avon Town Center Mall is bounded on the North by Lots A. B and C and Lot 56, Benchmark @ Beaver Creek Subdivision, bounded on the South by Lots 61 through 64, Benchmark @ Beaver Creek Subdivision, bounded by the West by the balance of Tract G and bounded on the East by Benchmark Road. The metes and bounds description of the tract of land upon which the Town of Avon Town Center Mall is to be constructed and installed is located in the northwest 1/4 of section 12 township 5 south range 82 west as shown on the official plat - Town of Avon, Eagle County, Colorado and final subdivision plat amendment #4 bench- mark at Beaver Creek, more particularly described as follows: Beginning at the northwest corner of lot 64 as shown on said plat, thence north 36° 56' 39" east a distance of 369.19 feet, thence south 2'0 1 2° 12" east a distance of 346.33 feet, thence south 650 58' 08" east a distance of 520.00 feet, thence south 85° 31' 22" east a dis- tance of 125.26 feet, thence south 20° 58' 08" east a distance of 85.00 feet, thence south 69° 01' 52" west a distance of 120.00 feet, thence north 20° 58' 08" west a distance of 75.00 feet, thence north 65° 58' 08" west a distance of 255.00 feet, thence south 69° 01' 52" west a distance of 42.43 feet, thence north 650 58' 08" west a dis- tance of 72.47 feet, thence north 20° 58' 08" west a distance of 42.43 feet, thence north 65° 58' 08" west a distance of 410.00 feet, to the POINT OF BEGINNING containing 90,025.5 square feet or 2.0667 acres more-or less. The Town of Avon Town Center mall shall be constructed and installed as follows: The construction and installation of a pedes- trian mall of varying widths from 50 feet to 80 feet (increasing to 200 feet in width at the Northwest end) and approximately 950 feet in length, including subgrade preparation, suitable fill as needed, installation and compaction of six (6) inches of base course gravels, installa- tion of storm sewers and drains, including the installation of culverts as needed, the con- struction and installation of decorative con- crete and brick paving, the construction of ponds and fountains, the installation of benches, planting tubs, information kiosks, bol- lards, trash recepticles, drinking fountains, light standards and fixtures, informational signs, and planted areas consisting of complete landscape planting with an irrigation system, including landscape walls, large and medium -14- r-I decorative shade trees, and evergreen trees, flowering and evergreen shrubbery, seeded grass areas and ground cover. There will be con- structed at the South end of the Town Center Mall a transit center bus turn-around with a passenger shelter. The decorative improvements will be constructed in such a manner to facili- tate pedestrian and emergency vehicle access through the Town Center Mall. The details are more particularly shown on the preliminary plans and specifications-now on file in the office of the Town Clerk. Reference is made to the preliminary plans and specifica- tions for specific construction details. The project will result in some-changes in existing street elevations and grade. The extent of the District to be assessed for the above- described mall and park improvements is described as follows: The District shall include all lots and tracts (except the remainder of Tract G, owned by the Town) which abut the proposed improvements to the Town Center Mall as described above, to wit: 1. Lots A. B and Cr Benchmark @ Beaver Creek Subdivision. !0_21 1 2. Lots 62, 63 and 64, Benchmark @ Beaver Creek Subdivision. 3. Lot 61, Benchmark @ Beaver Creek Subdivision. 4. Lot 56, Benchmark @ Beaver Creek Subdivision. The total estimated cost of the mall and park improvements in said District, including, without limiting the generality of the foregoing, the cost of constructing, installing or otherwise acquir- ing such improvements, engineering, architectural, legal and adver- tising costs, interest during construction and until assessments are made by ordinance against the properties benefited and other inciden- tal costs, as shown by the total estimate of the Engineer, is $1,250,000. The estimated proportion of the total cost to be assessed against property specially benefited by the acquisition of the pro- posed mall and park improvements is $1,000,000. The estimated propor- tion of the cost of the mall and park improvements to be paid by other than special assessments is $250,000. Any estimate of cost or assessments shall neither constitute a limitation upon such cost or -15- assessments, respectively, nor a limitation upon the rights and powers of the Council or of any officers, agents, or employees of the Town. All assessments made in connection with said District shall be due and payable without demand within thirty (30) days after final publication of the assessment ordinance. All such assessments may, at the election of the owner, be paid in installments with interest. In case of such,el ction to pay in installments, the assessment shall be payable in efth °`~substantially equal annual installments of prin- cipal, with interest in all cases on the unpaid principal payable .S'P~t r - annually at a rate to be hereafter determined by the Town Council. The Town Council has determined that assessments shall be levied against all of the tracts abutting the mall and park improve- ments as described above, being the property specially benefited by the Project to be made within the District, and such assessments shall be apportioned on a frontage, i.e., a front foot basis. This method of assessment will result in each tract being assessed in pro- portion to the special benefits derived by each tract and in an amount not greater than the estimated benefit to such tract. The Town Council has determined that the method of assessment hereinabove des- ignated is an equitable basis and that such assessments shall be in proportion to the special benefits derived to such property, suffi- cient to cover the portion of the total cost of the improvement to be defrayed by special assessments. At the above-stated time fixed for the hearing any and all property owners interested in such Project may, by specific and writ- ten complaints, protests, or objections present their views in respect to the proposed Project to the Council or they may present them orally and the Council may adjourn the hearing from time to time. After such hearing, if the Council shall determine that it is not for the public interest that the proposed Project, or a part thereof, be made, the Council shall make an order by resolution to that effect and thereupon the proceedings for the mall and park improvements, or the part thereof determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution. If after such hearing the Council has determined to proceed with said District, as modified, the Council by resolution shall direct the Engineer to prepare and present to the Council: -16- 1. A revised and detailed estimate of the total cost, which.revised estim€te shall not constitute a limitation for any purpose. 2. Revised preliminary plans and specifications; and 3. A revised assessment plat and map showing the location of each improvement and the real prop- erty to be assessed and a revised assessment roll. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the Council at any time prior to the final passage of the ordinance authorizing the mall and park improvements. Any complaint, protest, or objection to the regularity, validity and correctness of the proceedings and instruments taken, adopted, or made prior to the date of the hearing shall be deemed waived unless presented in writing on specific grounds at the time and in the manner herein specified. Pursuant to section 15.5 of the Charter, no action or pro- ceeding, at law or in equity, to revi._ew 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 assess- ments authorized by the Local Improvements Code, or for any other relief against any act 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 or the effective date of the resolution or ordinance complained of, or else be thereafter perpetually barred. The preliminary. plans and specifications, the assessment plat and map (including the preliminary assessment roll), the prelim- inary estimate of the total cost, the description of the tracts to be assessed, the amount of assessments estimated to be assessed on each such tract, and all proceedings in the premises are on file and can be seen and examined at said office of the Town Clerk during business hours, at any time, by any person so interested. -17- • By order of the Town Council of the Town of Avon, Colorado. Dated at Avon, Colorado this July 28, 1981. (End of Form of Notice) -18- Section 9. The failure to mail out such notice shall not invalidate any proceedings hereunder and such notice by publication shall be verified by the affidavit of the publisher and filed with the Town Clerk. Proof of publication and proof of mailing shall be maintaind in the records of the Town until the assessments pertaining thereto shall have been paid in full, principal, interest, any penal- ties, and collection costs. Section 10. The officers of the Town be, and they hereby are, authorized and directed to take all action necessary or appro- priate to effectuate the provisions of this resolution. Section 11. All resolutions or parts thereof in conflict with this resolution are hereby repealed. This repealer shall not be construed to revive any order, bylaw, or resolution, or part thereof, heretofore repealed. Section 12. If any section, paragraph, clause, or other provision of this resolution is for any reason held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or other provision shall not affect the validity of the remaining provisions of this resolution. Section 13. This resolution, immediately on its final pas- sage and adoption, shall be recorded in the book of resolutions kept for that purpose and authenticated by the signatures of the Mayor and Clerk. INTRODUCED, READ BY TITLE, PASSED, AND ADOPTED ON THIS July 28, 1981. Ma r (SEAL) Attest: -19- . 41 • s C•uncilmenLer A. J_ W l S then moved that the resolu- tion be passed and adopted as read. Councilmember ~fl A LS seconded the motion. The question being upon the passing and adopting of the resolution, the roll was called with the following result: Those Voting Yes: Those Voting No: 1 z- e Those Absent: The presiding officer thereupon declared that at least of all the members present of the Town Council having voted in favor thereof, the motion was carried and the resolu- tion duly passed and adopted. On motion duly adopted, it was ordered that the resolution be numbered ~ and after its authentication with the signatures of the Mayor and -;.own Clerk be recorded according to law in the record of Resolutions. Thereupon, the Town Council considered other business and took other action not concerning the Town Center Mall Improvement District. There being no further business to come before the Town Concil, on motion duly made, seconded and unanimously carried, the meeting was adjourned. C/ r~~x or Town of Al F Colorado (SEAL) Attest: -20- • -21- • STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) If Pat Doyle, Town Clerk of the Town of Avon (herein some- times designated as the "Town"), in the County of Eagle, and State of Colorado, do hereby certify: 1. A written or printed copy of each of the foregoing: (a) Resolution No designated by the short title "Mall District Initial Resolution," consisting of pages 2 through 5, and JA_ (b) Resolution No. EL),O, designated by the short title "Mall District Provisional Order Resolution," consisting of pages 9 through 19, was furnished to each Councilmember on or before , 1981, prior to the date of the introduction of each re utio at the regu- lar meeting of the Town Council (herein the "Council") held on Tuesday, July 28, 1981, notice of which meeting was duly given to each Councilmember. 2. The foregoing pages number 1 through 21, excerpts from the minutes of a meeting of the Council held on July 28, 1981, con- stitute a true, correct, complete, and compared copy of the proceed- ings of the Council so far as such minutes relate to the introduction and adoption of both resolutions. Each of the resolutions is a true, correct, complete, and compared copy of the original proposed, intro- duced, and passed at such meeting (subject to the numbering, execu- tion, and other completion of the resolution after its passage and relating thereto). 3. The Mayor and members of the Town Council were present at the meeting, the members of the Town Council voted on the passage of each of the resolutions, as in such minutes set forth, and the resolutions were recorded according to law in the record of Resolutions of the Town. IN WITNESS WHEREOF, I have here nto set my hand and affixed the seal of the Town this-2-T-ILt" day of , 1981. -22- "Ie 0 (SEAL) E -23- ~ ! STATE OF COLORADO U COUNTY OF EAGLE ) SS, Affidavit of Mailing of TOWN OF AVON ) Notice Pat Doyle, being first duly sworn, upon her oath according to law, deposes and says: 1. She is and at all times hereinafter mentioned was the duly chosen, qualified, and acting Clerk of the Town of Avon, Colorado. 2. A copy of the Notice of A Proposal To Create A Local Improvement District Designated "Town of Avon, Colorado, Town Center Mall Improvement District," To Construct Certain Improvements Therein, And To Levy Special Assessme s Therefor, And Of A Hearing Thereon, was mailed on and before a, 1981, a time at least 10 days prior to the datei ixed or the hearing designated in such notice and to be held on August 11, 1981, to each last known owner or owners of each tract within the proposed district whose property will be assessed for the cost of the proposed improvements, such names of owners being obtained from the real property assessment rolls for general (ad valorem) taxes of the County of Eagle wherein such property is located, or from such other source or sources as the Town Engineer, the undersigned Town Clerk, and the Consulting Architects for the district deems reliable, and being the names and addresses shown on the preliminary assessment roll for the district and such hearing, as first-class mail deposited in the mails of the United States, postage prepaid. 3. Attached hereto as Exhibit A is a true, correct, complete, and compared copy of such notice in the form so mailed to such property owners. Further affiant saith not. (SEAL) -24- • STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) • The foregoing-instrument was acknowledged before me this cap Z~41 day of , 1981, by Pat Doyle, Clerk of the Town of Avon, in the County of Eagle and State of Colorado. WITNESS my hand and official seal. (NOTARIAL SEAL) Notary Public My commission expires ~i~-9-~3 -25- EXHIBIT A 0 (Attach Copy of Notice in Form Mailed) -26-