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TC Res. No. 1983-37• RESOLUTION NO. # 83-37 A RESOLUTION CONCERNING THE LOCAL IMPROVEMENT DISTRICT KNOW AND IDENTIFIED AS "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT"; DESIGNATED BY THE SHORT TITLE "TOWN CENTER MALL ASSESSMENT HEARING RESOLUTION"; FIXING A TIME AND PLACE WHEN OBJECTIONS TO THE PROPOSED ASSESSMENT ROLL FOR THE DISTRICT WILL BE HEARD; PRESCRIBING NOTICE THEREOF AND OF OTHER DETAILS IN CONNECTION THEREWITH; RATIFYING THE ACTION PREVIOUSLY TAKEN: AND PROVIDING FOR RELATED MATTERS. WHEREAS, the Town of Avon (the "Town"), in the County of Eagle, and State of Colorado, is a municipal corporation duly organized and existing under Article XX of the Constitution of the State of Colorado; and WHEREAS, the Town Council of the Town of Avon, in the County of Eagle and State of Colorado (the "Council," the "Town," the "County," and the "State," respectively), pursuant to the Town's Charter and the Local Improvements Code created and established within the corporate limits of the Town a local improvement district known and designated as "Town of Avon, Colorado, Town Center Mall Improvement District" (the "District"), for the purpose of making certain local mall and park improvements and to assess the cost thereof to the property benefited thereby, by the District Creation Ordinance (the "Creation Ordinance"), finally approved on August 25, 1981; and WHEREAS, Mr. Norman Wood, the Town Engineer (the "Town Engineer"), has prepared a statement showing the total cost of the improvements, and the Town Engineer has prepared an assessment roll, and directed it to be certified to the Council by filing it in the office of the Town Clerk; and WHEREAS, the Council has determined and does hereby declare that the total cost to the Town of all of the mall and park improvements in said District (including all necessary incidentals - 13 - 0 a which either have been or will be incurred in connection with said District) 8s $1,103,707 , of which $ 193,707 is awailable from other sources and $ 910,000 is to be assessed upon the benefited tracts and parcels of land in the District. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section.l. This resolution shall be known as and may be cited by the short title "Town Center Mall Assessment Hearing Resolution." Section 2. The statement prepared by the Town Engineer heretofore filed in the office of the Town Clerk, showing the total cost of the mall and park improvements (both Phase I and Phase II, including, without limiting the generality of the foregoing, the cost of constructing, installing or otherwise acquiring such mall and park improvements engineering, architectural, legal and advertising costs, interest during construction and until assessments are made by ordinance against the properties benefited, and other incidental costs, hereby is accepted. Section 3. The proposed assessment roll prepared by the Town Engineer, heretofore filed in the office of the Town Clerk, and heretofore directed by the Town Engineer to be certified to the Council by filing the same in such office, which roll contains, among other things, the names and addresses of the last known owners of each tract to be assessed, or if not known that the name is "unknown," a description of each tract or parcel of land to be assessed and the amount of the assessment thereon, has been examined by the Council, and is hereby-tentatively approved. Section 4. The Council on Tuesday, October 11, 1983, at the hour of 7:30 p.m., in the Town Hall, Avon, Colorado, will hear complaints, protests-and objections to the assessment roll and the proposed assessments therein by the owners of such tracts to be assessed, and all other interested person, and such time and place therefor is hereby so fixed. - 14 - • • Section 5. The Town Clerk shall give notice of such time and place for such complaints, protests and objections and of a hearing on the proposed assessment roll and the proposed assessments therein by publication once not less than 8 days prior to the hearing, in the Vail Trail, a newspaper published in Vail, Colorado and of general circulation in the Town of Avon. The notice shall also be given 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 within the District whose property will be assessed for the cost of the improvements. The notice shall be in substantially the following form: - 15 - • (Form of Notice) • NOTICE OF FILING OF ASSESSMENT ROLL, OF OPPORTUNITY TO FILE WRITTEN COMPLAINTS, PROTESTS AND OBJECTIONS AND OF HEARING THEREON CONCERNING THE TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT PUBLIC NOTICE IS HEREBY GIVEN with regard to the mall and park improvements in the Town of Avon, Colorado,-Town Center Improvement District (the "District"), that Mr. Norman Wood, the Town Engineer (the "Engineer"), has prepared a statement showing the cost total of the mall and park improvements and the Town Engineer has prepared an assessment roll, and that the roll was certified to the Town Council by its filing in the office of the Town Clerk in the Town Hall, Avon, Colorado, on September 27, 1983. Since such time, the roll, the proposed assessments therein, and the statement showing the total cost of the mall and park improvements, have been and now are on file therein and are available for examination, as are all other proceedings in the premises. The Council will meet to hear and consider complaints, protests and objections to the assessment roll and to the proposed assessments by the owner of any tract, interested persons, or any parties thereby aggrieved, on Tuesday, October 11, 1983,at the hour of 7:30 p.m., in the Town Hall. Thw owner or owners of any property which is assessed in such assessment roll, or other interested persons, whether or not named in the roll, may, on or before Monday, October 10, 1983, i.e., at least one (1) day prior to the assessment hearing, file with the Town Clerk his, her or their specific objections in writing. Any objection to the regularity, validity, and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land, shall be deemed waived unless presented at the time and in the manner herein provided. - 16 - • • At the time and place so designated for hearing such objections, the Council shall hear and determine all complaints, protests and objections which have been so file by any party interested, any verbal views expressed in respect to the proposed assessments, in the regularity of the proceedings in making such assessment, the correctness of such assessment, or in the amount levied on any particular tract or parcel of land to be assessed; and the Council shall have the power to adjourn such hearing from time to time, and by resolution shall have power, in its discretion, to revise, correct, confirm, or set aside any assessment, and to order that the assessment be made de-novo. The Town by ordinance (the "Assessment Ordinance") shall, by reference to such assessment roll as to modified, if modified, and as confirmed by such resolution, levy the assessments in the roll; and such decision, resolution, and ordinance shall be a final determination of the regularity, validity, and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land; and such determination by the Council shall be conclusive upon the owners of the property assessed. The owners as of August 25, 1981 of the parcels to be assessed have previously agreed to the maximum amount of assessments on their respective parcels by the execution of Affidavits of Waiver and Consent to Inclusion in the District now on file with the Town Clerk. The Town Council has determined that assessments shall be levied against all of the tracts abutting the mall and park improvements, (excepting, however, tracts or parts thereof owned by the Town) being the property specially benefited by the mall and park improvements 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 proportion to the special benefits derived by each tract and in an amount not greater than the benefit to such tract. All assessments made in pursuance of the Assessment Ordinance - 17 - • • shall be a lien in the several amounts assessed against each tract or parcel of land assessed from the effective date of the Assessment Ordinance, as more specifically provided in the Local Improvements Code of the Town of Avon, Colorado. All assessments made in pursuance of the Assessment Ordinance shall be due and payable without demand within 30 days after its publication upon its final passage; but all such assessments may at the election of the owner be paid in installments with interest. Failure to pay the whole assessment to the Town Manager within the period of 30 days shall be conclusively considered and held an election on the part of all person interested, whether under disability or otherwise, to pay in such installments. All persons so electing to pay in installments shall be conclusively considered and held as consenting to the mall and park improvements, and such election,shall be conclusively considred and held as a waiver of any and all rights to question the power or jurisdiction of the Town to construct the mall and park improvements, the quality of the work, the regularity or sufficiency of the proceedings, or the validity or correctness of the assessments. The owner of any tract or parcel of land assessed may at any time pay the whole, or any unpaid installment of the unpaid principal with the interest accrued to the next installment payment date, together with penalties, if any, but without the payment of any prepayment premium. Failure to pay any installment, whether principal or interest, when due, shall cause the whole amount of the unpaid principal to become due and payable immediately, as more specifically provided in the Local Improvements Code. Pursuant to Section 15.5 of the Charter, no action or proceeding, at law or in equity, to review 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 assessments authorized by the Local-Improvements Code or for any other relief against any acts or proceedings of the Town done or had under the Local Improvements Code, shall be maintained against the Town, unless - 18 - • commenced within thirty (30) days after the performance of the act complained.of,or the effective date of the assessment ordinance or else be thereafter perpetually barred. In case of such election to pay in installments, the assessment shall be payable in sixteen (16) substantially equal semiannual installments of principal, and interest in all cases on the unpaid principal shall be payable semiannually at a rate of 13.25 percent per annum, from the date of final publication of the Assessment Ordinance until paid. Both the principal of and interest on the assessments shall be paid at the office of the Town Manager on April 1, 1984, and semiannually thereafter on the first days of April and October in each year,,until paid in full. Town erk (SEAL) (End of Form of Notice) - 19 - 0 Section 6. All action heretofore taken by the Town and its officers directed toward such advertisement for the hearing on the assessements hereby is ratified, approved, and confirmed. Section 7. The officers of the Town hereby are authorized and directed to take all action necessary or appropriate 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 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 10. This resolution, immediately on its final passage 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 SEPTEMBER 27, 1983. Mayor, Town of A on, Colorado (SEAL) Attest Town Clerk, Town of Avon, olorado - 20 - • i Councilmember Kumpost then moved that the resolution be passed and adopted as read. Councilmember Connell 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: ,Mayor: Does not vote Council Members: Larry Kumpost Greg Gage Al Connell A. J. Wells Those Voting No: Those Absent: Sheila Davis Don Buick The presiding officer thereupon declared that at least a majority of all the members present of the Town Council having voted in favor thereof, the motion was carried and the resolution duly passed and adopted. on motion duly adopted, it was ordered that the resolution be number-No.#83-37, and after its authentication with the signatures of the Mayor and Town Clerk be recorded according to law in the record of Resolutions. Thereupon, the Council considered other business and took other action not concerning the proposed mall and park improvements or the assessments to defray the cost thereof. Thereafter,there being no further business to come before the meeting, on motion duly made, seconded and unanimously carried, the meeting was adjourned. (SEAL) "L -~7 Mayor, own o von, Colorado A t: Town Clerk{ ~2- TcW of Avon, lorado - 21 - • STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) I, Patricia J. Doyle, Town Clerk of the Town of Avon (herein sometimes designated as the "Town"), in the County of Eagle and State of Colorado, do hereby certify: 1. The foregoing pages numbered from through uZ/ constitute a true, correct, complete and compared copy of the record of the proceedings taken by the Town Council of the Town at a duly called regular, open, public meeting thereof held on 7,_ 1983, so far as said minutes relate to the introduction and adoption of Resolution No A-83--'37, designated by the short title "Town Center Mall Assessment Hearing Resolution," consisting of pages, -,43 through- a2/` 2. The resolution is a true, correct, complete, and compared copy of the original as proposed, introduced, and passed at such meeting (subject to the numbering and execution of the resolution after its passage). 3. The members of the council were present at such meeting and the members of the Council voted on the passage of the resolution,.as set forth in the minutes, and the resolution was recorded according to law. 4. I was in attendance at the meeting, and the foregoing proceedings were in fact held as specified in minutes as originally of record in my possession. 5. Each of the following instruments are included in the proceedings'; (a) The Certificate of Completion, attached hereto as Exhibit A, and consisting of pages through'L, (b) The Assessment Roll, attached hereto as Exhibit B, and consisting of unnumbered pages, and (c) The Certified Statement of Cost, and Certificate of Preparation of Assessment Roll and Filing with Town Council, attached hereto as Exhibit C, and consisting of pages through D - 22 - • is a true, correct, complete, and compared copy of the original presented to the Council and spread upon its minutes IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Avon on this'.41. e ' 983. own C er , Tow of Avon, C orado /11 (SEAL) - 23 - 0 EXHIBIT A (Form of Certificate) STATE OF COLORADO ) ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) r*VDrrvTV 0ArrFW OF CC1MPLETION IN THE MATTER OF THE CONSTRUCTION OF MAIL AND PARK IMPROVEMENTS IN THE TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEME U DISTRICT Honorable Mayor and Town Council of the Town of Avon, Colorado: Gentlemen : Mr. Norman Wood, Town Engineer of the Town of Awn, in the County of Eagle and State of Colorado, does hereby certify: 1. The improvements in the "Town of Avon, Colorado, Town Center Mall Improvement District", (both Phase I and Phase II) have been fully and satisfactorily constructed and otherwise acquired for the Town by the contractor, Hensel Phelps Construction, Inc. (the "Contractor"), with its principal office in Denver, Colorado and Clark and Younger Landscape Contractors with its principal office in Grand Junction, Colorado. 2. The undersigned Town Engineer has measured the work and prepared a final estimate of all work performed to the date of completion, of the total amount previously paid the Contractor, and of the total amount remaining due the Contractor, which final estimate, including thereon the written approval of the Contractor, is in words and figures as follows: 11 - 24 - 0 0 (Attach Copy of Final Estimate Including Contractor's Written Approval Thereon) - 25 - 0 0 3. Such final estimate, to the best of the undersigned's belief and knowledge, is correct, accurate, and complete. 4. The undersigned recommend the formal acceptance of the certificate of completion, the final estimate, and the mall and park improvements by the Town Council by resolution. IN WITNESS WBEPBOF, we have hereunto set our hands and seal of this Certificate of Completion on this Approved: Norman Wood Town Engineer Town of Awn, Colorado By: (End of Form of Certificate) - 26 - 44 • EXHIBIT "B" . ASSESSMENT ROLL TOWN-CENTER MALL IMPROVEMENT DISTRICT Item No. Owner 1. Avon Center at Beaver Creek A Colo. Limited Partnership Centennial Ventures, Inc: General Partner Box 25 Avon, CO 81620 2. Peregrine Properties, Ltd. 0082 Beaver Crk Blvd Box 475 Avon, CO 81620 3. HAL Construction, Inc. 2575 Davos Trail Vail, CO 81657 4. :,Timberline Properties Corp. and Marcos M. Suarez 286 E. Bridge St. Vail, CO 81657 Amount of Lot No. Addition Final Assessment Lots A, Benchmark $456,820.00 B, & C @ Beaver Crk Block #2 Subdivision Lots 62, Benchmark $266,630.00 63, & 64 @ Beaver Crk Block #'2 Subdivision Lot 61 Benchmark $147,420.00 Block #2 @ Beaver Crk Subdivision Lot 56 Benchmark $ 39,130.00 Block #2 @ Beaver Crk Subdivision TOTAL Certified Assessment Role Norman Wood, Town-Engineer Town of Avon, Avon, CO 81620 September 27, 1983 $910,000.00 0 0 EXHIBIT B (Attach Copy of Assessment Roll) - 27 - 0 STATE OF COLORADO COUNTY OF EAGLE TOWN OF AWN EXHIBIT C (Form of Certificate) SS. CERTIFIED STATEMENT 'OF COST AND CERTIFICATE OF PREPARATION OF ASSESSMENT ROLL AND FILING WITH TOWN COUNCIL IN THE MATTER OF TITS CONSTRUCTION OF MALL AND PARK IMPROVEMENTS IN THE TOWN OF AVON, COLORADO, 'T'OWN CENTER MALL IMPPDVEMT DISTRICT Honorable Mayor and Town Council of the Town of Avon, Colorado: Gentlemen: Mr. Noxman Wood, Town Engineer of the Town of Avon (the "Town"), in the County of Eagle and State of Colorado, does hereby certify: 1. The mall and park improvements in the "Town of Awn, Colorado, Town Center Mall Improvement District" (the "District"), have been completed by the contractor and have been accepted by the Town Council (the "Council"). 2. For the District, the undersigned has prepared a statement as provided herein showing the total cost of the mall and park improvement, including, without limiting the generality of the foregoing, the cost of constructing, installing or otherwise acquiring such mall and park improvements, engineering, architectural, legal and advertising costs, interest during construction and until assessments are made by ordinance against the properties benefited, and other incidental costs. 3. The Hensel Phelps Construction, Inc. (the "Contractor"), of Denver, Colorado, has completed the construction of the improvements in the District and all items incidental thereto in the Town, in accordance with the terms and stipulations given in:the plans and specifications and the contract by and between the Contractor (Clarke and Younger) and the Town, which contract is dated 4. The cost of the eonst3rmction of the improvements in and for the District, including all incidental costs due the Contractor, is $664,930. 5. The total cost of the improvements is: - 28 - 0 0 (a) The Cost of constructing the mall and park improvements (stated in paragraph 4 above): (b) Engineering and architectural design and clerical service and supplies: (c) Cost of engineering inspection and supervision: (d) Cost of advertising and printing: $ 664,930 $ 64,280 $ 11,500 $ 200 (e) Cost of interest on bonds until interest on assessments is available to defray such: $ 272,830 (f) Cost of fiscal services (bond discount): (g) Cost of legal services: (h) Other incidental costs: Total Cost: $ 45,500 $ 28,400 $ 16,067 c 1,103,707 6. The total cost of the improvements in the District is to be funded as follows: (a) To be paid by special assessments: (b) To be paid from other sources: Total Payment: 7. We recammend: $ 910,000 $ 193,707 $ 1,103,707 (a) The payment by the Town to the Contractor of the unpaid balance, i.e., $101,600, of the stun stated above in paragraph 4. (b) The payment by the Town of the remaining unpaid costs of the District. (c) The levy by the Town of special assessments in the total aggregate amount stated above in paragraph 6(a) to defray in part the total cost of the Town Center Mall Improvement District. - 29 - • • (d) The payment by the Town of the balance of the improvement costs from other revenue sources of the Town in the amount stated above in paragraph 6(b). 8. We further certify: (a) The statement of cost, to the best of our belief and knowledge, is correct, accurate, and complete. (b) The undersigned Town Engineer has prepared an assessment roll which contains, among other things: (a) the names and addresses of the last known owners of the property to be assessed, or if not known that the name is unknown, (b) a description of each tract or parcel of land to be assessed, and (c) the amount of the assessment thereon. (c) On this , he hereby directs the proposed roll to be certified to the Town Council by filing the same in the office of the Town Clerk. (d) In his opinion such proposed assessments have been apportioned and shall be levied against the property in the District, the property specially benefited by the improvements therein, and such assessments are to be apportioned as provided in Section 9, of the Town Center Mall District Creation Ordinance. In WITNESS WfE;MF, we have hereunto set our hands and seals on this Respectfully submitted, DENTON, HARPER, MARSHALL, CLARKS AND YOUNGER By: Dean Harper Approved: Norman Wood Town Engineer Town of Avon, Colorado (End of Form of Certificate) - 30 - (Attach Affidavit of Publication of Notice of Final Settlement) 31 - • (Attach Affidavit of Publication of Notice to Property Owners of Filing of Assessment Roll) - 32 - 0 TOWN OF AVON, COLORADO 9 TOWN CENTER MALL IMPROVEMENT DISTRICT STATE OF COLORADO COUNTY OF EAGLE PROOF OF SERVICE OF SS. ASSESSMENT ROLL TOWN OF AVON PROTEST NOTICE Patricia J. Doyle, being by me first duly sworn, upon oath deposes and says: 1. She is the Town Clerk of the Town of Avon (the "Town"), in the County of Eagle and State of Colorado; on and prior to , i.e., at least 10 days prior to the hearing designated in the annexed copy of notice, identified as Exhibit "D", she mailed a copy of the notice to each of the last known property owners of the Town of Avon, Colorado, Town Center Mall Improvement District, at his, her or their last known address or addresses, the names and addresses of such property owners having been obtained from the real property assessment rolls for general (ad valorem) taxes of the County of Eagle in the office of the County Assessor, from records of the Town, from the Town Engineer, from direct inquiries, and from other sources deemed reliable by the Town Clerk. 2. The notice was enclosed in a duly stamped and addressed envelope, full postage prepaid, and deposited in the United States mail as first-class mail in the Town of Avon, Colorado. A list of the owners and their addresses is hereto annexed, marked Exhibit "E" and made a part hereof. All addresses are Avon, Colorado, unless otherwise indicated. 3. The notice was given by publication in the Vail Trail, a newspaper of general circulation in the Town, at least once, by 1 weekly insertion, the publication being not less than 8 days prior to the date of the protest hearing. A copy of such service by publication, verified by the affidavit of the publisher, and a copy of this affidavit, are on file in her office as Town Clerk of the Town. Further affiant saith not. Town Clerk, Town of Avon, Colorado Subscribed and sworn to before me on this My Commission expires - 33 - (Notary Public) NAMES AND ADDRESSES OF PROPERTY OWNERS OF THE AVON TOWN CENTER MALL 1. Avon Center at Beaver Creek A Colo. Limited Partnership P.O. Box 2105 Avon, CO 81620 2. Centenneal Ventures, Inc. General Partner P.O. Box 25 Avon, CO 81620 3. Peregrine Properties, Ltd. P.O. Box 475 Avon, CO 81620 4. HAL Construction, Inc. %Otto,Peterson, Post P.O. Box 3149 Vail, CO 81658 5. Timberline Properties Corp. and Marcos M. Suarez 286 E. Bridge Street Vail, CO 81657 E EXHIBIT "E" 0 (Attach List of Property Owners and Their Addresses to Whcan Notice Was Mailed) - 35 - r~ U 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 7:30 P.M. ON THE 11th DAY OF OCTOBER, 1983 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#83-37, SERIES OF 1983: A RESOLUTION RELATING TO THE ASSESSMENT FOR THE TOWN CENTER MALL A copy of said Resolution-is attached hereto and is also on file-'at the office of the Town Clerk and may be inspected during regular business hours. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 28th day of September, 1983 TOWN OF AVON, COLORADO B ~J Patricia J. D e, Town C erk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 28, 1983: THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTER GAS STATION; AND THE MAIN LOBBY IN THE MUNICIPAL BUILDING 0 0 EXHIBIT "D" (Attach Copy of Notice in Form Mailed) - 34 - C 0 (Form of Proof of Filing Assessment Roll) STATE OF COLORADO ) COUNTY OF EAGLE ) TOWN OF AVON ) SS. PROOF OF FILING ASSESSMENT ROLE, Patricia J. Doyle, Being first duly sworn, upon oath deposes and says: 1. She is the duly qualified and acting Town Clerk of Avon (the "Town"), in the County of Eagle and State of Colorado. 2. The Town Engineer, directed the assessment roll prepared by him for the Town of Avon, Colorado, Town Center Mall Improvement District (the "District"), to be certified to the Town Council by filing the same in affiant's office on 3. The assessment roll has remained on file in her office and has been at all times open to public inspection before and after the hearing thereon. 4. A true, perfect, complete, and compared copy of the roll is attached as a part of Exhibit B pertaining to his true copy certificate relating to the extract proceedings of the meeting of the Town Council held on Town Clerk Subscribed in my presence and sworn to before me on this my commission expires Notary Public - 36 - STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) The Town Council of the Town of Avon, in the County of Eagle and State of Colorado, met in open, regular session, in full conformity with law and the ordinances and rules of the Town in the Council Chambers at the Town Hall, in the Town, being the regular meeting place of the Council, on Tuesday, September 27, 1983, at the hour of 7:30 p.m., at which meeting there were present and answering the roll call the following, constituting a quorum: Present: Mayor: Mayor Allan Nottingham Councilmembers: Larry Kumpost Greg Gage A. J. Wells Al Connell Absent: Don Buick Sheila Davis constituting all the members of the Council. There were also present: Town Manager: Richard D. Blodgett Town Clerk: Patricia J. Doyle Town Attorney: John Dunn Town Engineer: Norman Wood Counsulting Architect: Thereupon, the following proceedings, among others, were had and taken: The Town Engineer, caused to be filed with the Town Clerk: A. An Assessment Roll (attached hereto as Exhibit B) which contains at least: 1. The names and addresses of the last known owners of each tract to be assessed, or if not known, that the name is "unknown:" 2. A description of each tract or parcel of land to be assessed. - 11 - i • 3. The amount of the assessment thereon. and B. A Certified Statement of Cost, and Certificate of Preparation of Assessment Roll and Filing with Town Council (attached hereto as Exhibit C). After the Council reviewed and had a full discussion of the above-described filings of the Town Engineer, the following proceedings, among others, were had and taken: Thereupon, Councilmember, Kumpost introduced in typewritten form a resolution, which resolution was read by title, copies thereof having been distributed to all members of the Council and to those members of the public in attendance, and which resolution is as follows: - 12 -