Loading...
TC Res. No. 1981-11RESOLUTION NO. 1- r A RESOLUTION CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOWN AND IDENTIFIED AS "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT;" DESIGNATED BY THE SHORT TITLE "MALL DISTRICT PROTEST RESOLUTION;" DECLARING THE NECESSITY OF THE MALL AND PARK IMPROVEMENTS; DETERMINING TO PROCEED WITH THE DISTRICT; DIRECTING DENTON, HARPER, MARSHAL AND ASSOCIATES, INC., CONSULTING ARCHITECTS OF DENVER, COLORADO, SPECIALLY RETAINED BY THE TOWN IN CONNECTION WITH THE DISTRICT TO TAKE CERTAIN FURTHER ACTION IN CONNECTION WITH THE DISTRICT. 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.3~ ~Z (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, by the adoption of Resolution No. k 1 v on July 28, 1981, and designated by the, short-title "Mall District Provisional Order Resolution," the Town Council of the Town of Avon, pursuant to its Charter and the Enabling Ordinance, adopted the pre- liminary plans and specifications and other documents prepared by Denton, Harper, Marshall and Associates, Inc. (herein the "Architects"), consulting architects of Denver, Colorado, specially retained by the Town in connection with the proposed "Town of Avon, Colorado, Town Center Mall Improvement District" (herein the "District") ; and WHEREAS, by such resolution the Council also prescribed the extent of the proposed District to be assessed, the kind of mall and park improvements proposed, the number of installments and the time in which the cost of the improvements will be payable, the probable cost as shown by the total estimate of the Architects, the amount or proportion of the total cost to be paid by other than special assess- ments, the methods of levying assessments, and the approximate amount or share of the portion of the total estimate to be assessed against property specially benefited by the acquisition of the proposed mall and park improvements in the District; and -3- 1~' . WHEREAS, by such resolution the Council conditionally ordered that such improvements be made when the same have been authorized by ordinance; and WHEREAS, by such resolution the Council fixed a day, i.e., August 11, 1981, at TJ a p.m., at the Town Council Chambers at the Town Hall, Avon, Colorado, upon which a hearing in respect to such improvements should be had; and WHEREAS, after the adoption of such resolution and giving notice, by publication in the Vail Trail, a newspaper of general cir- culation in the Town, and by mailing notice, postage prepaid, as first-class mail, at least 10 days prior to the 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 improvements, the hearing was held at the designated time and place and full opportunity was afforded all property owners and other persons interested in such mall and park improvements, by written protest, or otherwise, to present their views; and WHEREAS, there were written protests filed with the Town Clerk prior to the hearing against the making of the improvements proposed- and WHEREAS, verbal protests or objections were made at the hearing; and WHEREAS, the Council has duly considered each and every petition, protest, and objection, written or verbal, concerning the proposed District and all matters relating thereto, made by any owner of real estate therein or any other interested person; and WHEREAS, the Council has determined, and does hereby deter- mine that each such protest or objection is without merit, and has declared, and does. hereby declare, the same to be overruled and hereby disposed of and finally passed on by the Council. 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 Protest 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 promote the health, safety, and general welfare of the citizens, -4- inhabitants and property owners in said proposed District to be formed therefor, and in said Town. Section 4. The Council has determined and does hereby determine to proceed with the District as heretofore described in all proceedings taken and filings made in connection therewith on and after July 28, 1981. Section 5. The, mall and park improvements heretofore pro- posed shall be acquired without modification. Section 6. The Architects specially retained by the Town in connection with the District be, and they hereby are directed to pre- pare and present to the Council (a) a revised and detailed estimate of the total cost, including, without limitation, the cost of acquir- ing the mall and park improvements in the proposed District and of each of the incidental costs, (b) full and detailed plans and speci- fications for the mall and park improvements designed to permit and encourage competition among the bidders on the material therefor, and (c) a revised map and assessment plat of the District, showing the location of the Town Center Mall improvements and the tracts to be assessed therefor, and a revised assessment roll. Section 7. 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 8. 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 9. If any section, paragraph, clause, or other pro- vision 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. r~ - 5- -1 Section 10. 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,\a~c~~' Clerk. INTRODUCED, READ BY TITLE, PASSED, AND ADOPTED ON THIS August 11, 1981. . f, Mayor E ph o I e (SEAL) Attest: -6-