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TC Res. No. 1988-13RESOLUTION NO. 88-13 SERIES 1988 A RESOLUTION APPROVING A FOREST SERVICE SPECIAL USE APPLICATION AND REPORT FOR A PUBLIC WORKS SITE WHEREAS, The Town of Avon currently owns no land upon which to place a public works storage site; and WHEREAS, The Town of Avon originally anticipated use of a public works site from Benchmark Companies as the result of ongoing land trade proceedings; and WHEREAS, The Town has determined it to be in their best interest to act independently of the results of Benchmark Companies Land Trade; and WHEREAS, The Town has determined that a special use application can be made without adversely affecting a Forest Service ruling regarding Benchmark Companies; and WHEREAS, The Town desires to formally complete the Special Use Permit and Report form, and comply with Part II, Section II, Subsection "d" of same. NOW THEREFORE, BE IT RESOLVED That the Town Council of the Town of Avon, Colorado approves a Special Use Application and Report to the U.S. Forest Service for the Public Works site referenced in the attached legal description. Adopted this 14th day of June, 1988. A lan R. No tingham, yor • LEGAL DESCRIPTION A parcel of land located in the NE1/4 SEI/4 and the SEI/4 NE1/4, Section 2, Township 5 South, Range 82 West of the 6th P. M., Town of Avon, Eagle County, Colorado being more particularly described as follows: Beginning at a brass cao monument marking the SW corner SEI/4 NE1/4 of said Section 2, said point also lying on the easterly right-of-way line of Metcalf Road as shown in the Official Plat, Town of Avon, Eagle County, Colorado and Final Subdivision Plat, Amendment No. 4., Benchmark at Beaver Creek; thence along the west line of the SEI/4 NE1/4, of said Section 2 N 000 55' 12" W 500.00 feet; thence departing said west line N 890 04' 48" E 400.00 feet; thence S 000 39' 06" E 755.70 feet; thence S 890 53' 54" W 400.00 feet to a point on the west line of the NEl/4 SEI/4 of said Section 2, said point also lying on the easterly right=of-way line of Metcalf Road, thence along the west line of the NE1/4 SEI/4 of said Section 2 N 000 07' 06" W 250.00 feet to the point of beginning, containing 300,254 square feet or 6.892 acres, more or less. Town of Avon P. O. Box 975, Avon, CO 81630 (303) 9494280 June 7, 1988 Mr. John Nepp Land and Mineral Staff White River National Forest Glenwood Springs, CO 81602 Dear Mr. Nepp: E Attached please find the Special Use Application and Report for the Town of Avon. As discussed with you in February, 1988, the Town has opted to request the "public works site" independently of the land exchange involving Western Land Exchange Company that includes this site. We have reached this decision for several reasons: 1. The land exchange involving Western Land Exchange will result in the acquisition of the site enclosed (public works sitel by Benchmark Companies; 2. Benchmark Companies originally agreed to dedicate the public works site to the Town of Avon upon completion of their land exchange. This being the case, we are attempting to offer mutual support for a positive decision from the U.S. Forest Service; 3. The Town is reaching a point of urgency to acquire a site for some of its Public Works operations, having no Town-owned locations to consider as alternatives; 4. It is safe to assume that the original land exchange will either go through or be denied. If it goes through, the Town will receive the site from Benchmark Companies. If it does not go through, the Town urgently needs approval of the Special Use Permit enclosed. With these issues in mind, we are requesting approval of the Special Use Permit enclosed, independently of the Land Exchange Application of Benchmark Companies/ Western Land Exchange Company. We are also requesting that our application be given approval prior to final resolution of the Benchmark Companies request, if necessary, in view of Avon's urgency in procuring use of this site. Sincerely, rry oo cs Director of Public Works, Parks & Recreation Copy/File LB/mml • OMB No. 0596-0082 Expires 9/30/86 USDA-Forest Service FOREST SERVICE USE ONLY SPECIAL-USE APPLICATION AND REPORT Date (mote y yr) Region Number State Code County Code (Ref.: FSM 2712, 36 CFR 251.54) Congressional Forest Code Unit ID Symbol INSTRUCTIONS Dist. Number (Admin. Unit No.) (NMD No.) Applicant should request a meeting with the Forest Service representative responsible for processing the application, prior to completing this form. This meeting Ranger Dist. No. User Number Kind of Use Code will allow a discussion of the form's requirements and (Resp. Dist.) identify those items to be omitted. PART 1-APPLICATION (Applicant Completes) I. Applicant Name and Address 2 Authorized Agent Name, Title and Address (in- 3. Area Code and Telephone (include Zip Code) clude Zip Code) if different from Item 1. Number 303-949-4280 Town of Avon Larry Brooks a. Applicant's P.O. Box 975 Director of Public Works Avon, CO 81620 Town of Avon 303-949-4280 P.O. Box 975 b. Authorized Agent's Avon, CO 81620 303-949-4280 1. As applicant are you? (Mark one box with "X") S. Specify what application is for. (Mark one box with "X") t. Individual a. )SI New authorization* Corporation* b. 0 Renew existing authorization 0 Partnership/Association* c. E] Amend existing authorization* i. Fl State Government/State Agency d. 0 Other* Local Government ' H marked "X", provide details under Item 7. Fl Federal Agency ' If marked "X", complete PART 11. 5. If you are an individual or partnership, are you also a citizen(s) of the United States? Yes E) No Describe in detail the land use, including: (a) type of use, activity, or facility; (b) related structures and facilities; (c) physical speci- fications (length, width, acres, etc.); (d) term of years needed; (e) time of year of use or operation; (f) duration and timing of con- struction; (g) temporary work areas needed for construction; and (h) anticipated need for future expansion. (If extra space is needed, use Page 3, REMARKS). ie site will be used for materials and equipment storage for Avon's Public Works Department. icluded on the proposed site, at this time, is storage area for a cinder pile. Subsequent avelopment of a maintenance facility between 7,000 square feet and 10,000 square feet, a 1el dispensing area, cinder storage of approximately 10,000 square feet, and related irking is anticipated within 5 to 10 years.' le site will be utilized on a year-around basis, with phased development of the area to 'gin in 1989. In 1989 we will develop access to the property and create an area for cinder ;orage. Buildings and further site utilization will occur as justified for municipal 'rvices. !rm of Years Needed - While the standard term for such permits is typically 5 to 10 years, !.are requesting a time of 50 years.. The potential for erecting a bondable.public.facility' I the property requires extended.security .for.tax payer'investjnent: ie.physical:specifications of the site are included in the attached. map. Attach map covering area and show location of proposed use and/or furnish legal description of the land. Give statement of your technical and financial capability to construct, operate, and terminate the use forwhlch authorization is requested, Jncluding the protection and restoration of Federal lands. (If extra' space is needed, use page 3, REMARKS). !velopment of the site beyond site access and-cinder storage will most probably occur (rough bonding mechanisms. The Town-expects to commit, as required, to terminate use and store the Federal Lands to agency requirements. vious edition is obsolete. (OVER) FS-2700-3 (10/83) a 0 10a. Describe other reasonable alternative proposals considered. 'urchase - Swift Gulch parcel - Property along Eagle River for a combined facility with Vail Associates - Private property on Metcalf Road 10b. Give explanation of why it is necessary to utilize Federal lands and why the alternatives in item 10a were not selec ed. )roperties referenced above were'prohibitively expensive or too small to to effective for long term municipal requirements. The locations of two alternatives were not centrally located to accommodate required service levels. In addition to land purchase price, the sites reviewed required extensive grading and landscaping to mitigate and screen the facilit impacts. Land purchase would eliminate property from governmental tax roles and further ^estrict_the potential for commercial development in these limited areas. 11. Provide statement of need for proposed use, including the economic feasibility a~ndeitems psuch as: (a) cost of proposal (construction, rati (b) estimated page 3, REMARKS). The ctown cur ent l y ou has no ,pub I 1 cv~JOtnd "KSc)spforage u~aci f1 ys (If e0t~a ~afitislr~c~~dse storage space, & store cinders on private property by mutual agreement reviewed annually. fhe cinder storage area is zoned RHDC(Residential High Density & Commercial) & the town expects to lose this site to development within several years. The annualized costs of bonded indebtedness will be offset by savings on rental rates of required space. Other (Con t. "Remarks". Pg. 3) 12. Describe probable effects on the area population, including social and economic aspects, and rural lifestyles. Use of the parcel gill improve the town's capability to provide basic services (such as snow removal) for area residents and guests. Improved levels of community service & response will provide social, economic and aesthetic improvements for the community and area it serves. The aermit requested will place this parcel of public land to a higher & more beneficial _ Cont. "Remarks", Pg. 3) 13. Describe likely environmental effects that the proposed use will have on: (a) air quality; (b) visual impact; (c) surface and ground water quality and quantity; (d) control or structural change on any stream or other body of water; (e) existing noise levels; (f) land surface, in- cluding vegetation, permafrost, soil and soil stability; and (g) populations of fish, plant, wildlif and marine life, V f threatE ed and endangered species. (If extra space is needed, use page 3, REMARKS). Environmental impacts wl I IDe post ive. fhe central location of the facility will reduce vehicle miles travelled to and from work scenes. The visual impacts of the area will be mitigated by the natural terrain & the screening afforded the site. The general location, in relation to the commercial zoning of this area, make it particularly appropriate. Surface water & erosion now occurring will be nitigated as an inherent function of site improvement. Existing ditches will be accommodate by culverts, while surface waters on-site will be released through filter curtains. We desire to revegetate and landscape the site as recommended by the Forest Service, as well as the Department of Fish and Game. There will be no adverse affect on wildlife, fish & narine life are not applicable, & there is no threatened or endangered species to our knowledge. 14. Describe what actions will be taken to protect the environment from the effects f th proposed use. Vatural vegetation will be re-established in any disturbed eareas upon completion of site development to enhance wildlife habitat and control erosion. We desire to use the natural terrain afforded this parcel for maximum benefit to "hide" the site. Water run-off from the site will flow through filter curtains to remove pollutants. is. Name all Federal, State, County or other department(s)/agencyges) where an application for this is being filed. Attach appropriate license, building permit, certificate or other approval documeaL HEREBY CERTIFY, that 1 am of legal age and authorized to do business In the State and that I have personally examined the information ontained in the application and that this information is correct to he best of my knowledge. 16a. Applicant's Signature (Sign in ink) 16b. Date -die 18, U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any department or agency of the United States ny false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction. 2- • b PART II--SUPPLEMENTAL INFORMATION (Applicant Completes) MARK "X" IN APPRO- PRIATE BOX BELOW 1-PRIVATE CORPORATIONS ATTACHED FILED* a. Articles of Incorporation ❑ ❑ b. Corporation Bylaws ❑ ❑ c. A certification from the State showing the corporation is in good standing and is entitled to operate within the State. ❑ ❑ d. Copy of resolution authorizing filing ❑ ❑ e. The name and address of each shareholder owning 3 percent or more of the shares, together with the number and percentage of any class of voting shares of the entity which such shareholder is authorized to vote and the name and address of each affiliate of the entity together with, in the case of an affiliate controlled by the entity, the number of shares and the percentage of any class of voting stock of that affiliate owned, directly or indirectly, by that entity, and in the case of an affiliate which controls that entity, the number of shares and the percentage of any class of voting stock of that entity owned, directly or indirectly, by the affiliate. ❑ ❑ f. If application is for an oil or gas pipeline, describe any related right-of-way or temporary use permit applica- tions, and identify previous applications. g. If proposed land use involves other Federal lands identify each agency impacted by proposal. ❑ ❑ 11-PUBLIC CORPORATIONS a. Copy of law forming corporation ❑ b. Proof of organization ® ❑ c. Copy of Bylaws ® ❑ d. Copy of resolution authorizing filing ❑ e. If application is for an oil or gas pipeline, provide information required by Item "I-f' and "I-g" above. ❑ ❑ • 111-PARTNERSHIP OR OTHER UNINCORPORATED ENTITY a. Articles of association, if any ❑ ❑ b. If one partner is authorized to sign, resolution authorizing action is ❑ c. Name and address of each participant, partner, association, or other ❑ ❑ d. If application is for an oil or gas pipeline, provide information required by Item "14" and "1-g" above. ❑ ❑ • If the required information is already filed with the Forest Service and is current, check box titled "Filed." Provide the file identification I information (e.g., number, date, code, name and office at which filed). If not on file or current, attach requested information. REMARKS: (This space is provided for more detailed responses to PART I.) Please indicate the item numbers to which these. responses apply. Attach sheets, if additional space Is needed. 11) alternatives requiring land purchase would increase :osts approximately 1.1 million. The facility provides public service to the community through street & road department & parks and recreation department. L2. governmental use, & provide a desireable site that is both'centrally located to the service area & removed from residential development. PART III-REPORT ON APPLICATION (Forest Officer Completes) 41 1. General description of the area and adaptability for the proposed use. Outline area on separate map if needed to clarify proposed use. 2. If previously under authorization indicate: a. Name of Holder b. Date Authorized c. Date Closed 3. Describe any encumberances on the land, such as withdrawals, power projects, easements, rights-of-way, mining claims, leases, etc. Show on map provided. 4. State approximate amount and kinds of timber to be cut, recommended stumpage prices, method of scaling; include recommendation on disposal of merchantable timber. (a) to holder at current damage appraisal or (b) to others than holder under regular timber sale procedure. 5a. Will proposed use conform to Forest Land and Resource Management Plan? E] Yes E] No b. Has an Environmental Assessment been prepared? 11 Yes (Attach) ❑ No c. Has an Environmental Impact Statement (P.L. 91-190,42 USC 4321) been prepared? E] Yes (Attach) No (Note: If "No" is marked with an "X" in any of the above questions, explain in item 6 below.) 6. Recommendations, including any factors which might affect the granting of the authorization or future use of the land. 7. List mandatory and optional clauses which should be made a part of this authorization (See FSM 2780). 8. Fee recommendation (Describe here or on computation sheet attached). 9a. RECOMMEND Approvals or b. Signature (Sign M ink) c. Title d. Date Disapproval' Oa. FINAL Approvals or b. Signature (Sign in ink) C. Title d. Date Disapproval* )elete one by lining it out. ---a- - *U.L Gowrnnrnt hinting office: 1904-429439/12989 0 CERTIFICATION STATE OF COLORADO ) SS COUNTY OF EAGLE ) 0 I, Patricia J. Doyle, DO HEREBY CERTIFY that I am the Town Clerk of the Town of Avon and the keeper of the records and corporate seal of said municipal corpora- tion; and that the attached is a true copy of Town of Avon Charter of the Town of Avon, County of Eagle and State of Colorado, and that said Charter is in full force and effect at the date hereof, and the original is in my custody as Town Clerk. WITNESS my hand and official seal of the Town of Avon, County of Eagle, State of Colorado, this 11th day of January , 1988. (SEAL) tricia J. Doyle, Tovfn Cle IREC IVED JAN 15 il8# ELECTIONS/UGENSING JAN 2 5 08 s r CHARTER FOR THE TOWN OF AVON, COLORADO AS AMENDED JULY 24, 1984 TABLE OF CONTENTS Page Prefatory Synopsis C-5 Preamble CHAPTER I - NAME-BOUNDARIES Section 1.1 - Names and Boundaries. C-8 CHAPTER II - MUNICIPAL POWERS Section 2.1 - Powers, Rights and Liabilities. C-8 Section 2.2 - Form.of Government. C-9 -CHAPTER III -ELECTIONS Section 3.1* - Laws Governing Elections. C-9 Section 3.2 ' - Municipal Elections. C-9 Section 3.3 - Precincts: C-9 Section 3.4 - Non-Partisan Elections. C-9 Section 3.5 - Recall. -C-10 CHAP-TER IV - COUNCIL AND MAYOR Section 4.1- Town Council. C-10 Section 4.2 - Terms' of Office - Mayor and C-10 Councilmembers. Section 4.3 - Election of Mayor. C-11 Section 4.4 - Mayor--Powers and Duties. C-11 Section 4.5, - Mayor Pro-Tem. C-11 Section 4.6 - Qualifications. C-11 Section 4.7 - Vacancies.' C-12 Section 4.8 - Compensation.- C-12 Section 4.9 - Powers of Council. C-13 Section 4.10 - Oath of Office and Bond- C-13 CHAPTER V - COUNCIL PROCEDURE Section 5.1 - Regular Meetings. C-13 Section 5.2 - Special-Meetings. C-13 Section 5.3 - Business at.Special Meeting. C=14- Section 5.4 Quorum: Adjournment--of,Meeting. C-14 -Section 5.5 - Organization and Rules of Council. 'C-14 Section 5.6 - Meetings to be Public. C-14 CHAPTER VI - LEGISLATION Section 6.1 - Council Acts. C-15 Section 6.2 - Voting. C-15 Section 6.3 - Action by Ordinance.Required. C-15 C-1 0 i CHARTER FOR THE TOWN OF AVON, COLORADO AS AMENDED JULY 10, 1979 TABLE OF CONTENTS Prefatory Synopsis Page C-5 Preamble CHAPTER I - NAME-BOUNDARIES Section 1.1 - Names and Boundaries. C-8 CHAPTER II - MUNICIPAL POWERS Section 2.1 - Powers, Rights and Liabilities. C-8 Section 2.2 - Form of Government. C-9 CHAPTER III - ELECTIONS Section 3.1 - Laws Governing Elections. C-9 Section 3.2 - Municipal Elections. C-9 Section 3.3 - Precincts. C-9 Section 3.4 - Non-Partisan Elections. C-9 Section 3.5 - Recall. C-10 CHAPTER IV - COUNCIL AND MAYOR Section 4.1 Town Council. C-10 Section 4.2 - Terms of Office - Mayor and C-10 Councilmembers. Section 4.3 - Election of Mayor. C-11 Section 4.4 - Mayor--Powers and Duties. C-11 Section 4.5 - Mayor Pro-Tem. C-11 Section 4.6 - Qualifications. C-11 Section 4.7 - Vacancies. C-12 Section 4.8 - Compensation. C-12 Section 4.9 - Powers of Council. C-13 Section 4.10 - Oath of Office and Bond. C-13 CHAPTER V - COUNCIL PROCEDURE Section 5.1 - Regular Meetings. C-13 Section 5.2 - Special Meetings. C-13 Section 5.3 - Business at Special Meeting. C-14 Section 5.4 Quorum: Adjournment of Meeting. C-14 Section 5.5 - Organization and Rules of Council. C-14 Section 5.6 - Meetings to be Public. C-14 CHAPTER VI - LEGI SLATION Section 6.1 - Council Acts. C-15 Section 6.2 - Voting. C-15 Section 6.3 - Action by Ordinance Required. C-15 C-1 Page Section 6.4-- Form of Ordinance - Effective C-16 Date. Section 6..5 - Procedure for Passage of Ordinan- C-16 ces. Section 6.6 - Emergency Ordinances. C-17 Section 6.7 - Publication of Ordinances. C-17 Section 6.8 - Codification. C-17 Section 6:9 - Codes Published by Reference. C-18 Section 6.10 - Disposition of Ordinances. C-18 CHAPTER VII - INITIATIVE AND REFERENDUM Section 7.1 - In C-18 Section 7.2 - Referendum. C-19 Section 7.3 - Certificate of Clerk', Amendment C-20 _ of Petition. Section 7.4 - Prohibition of Amendment or Re- C-20 Enactment. Section 7.5 - - Implementation. C-20 CHAPTER VIII - MUNICIPAL ADMINISTRATION Section 8.1 - Town Manager. C-20 Section 8.2 - Acting Town Manager. C-21 Section 8.3--- Powers 'and Duties. C-21 Section 8.4 - Removal of Town Manager. C-22 Section 8.5 - Relationship of Council to C-22 Administrative Service.. Section 8.6 - Town Clerk. C-22 Section 8.7 - Bonding of Employees. C-23 Section 8.8 - Administrative Departments. C-23 CHAPTER-IX - PERSONNEL Section 9.1 = Personnel Merit.System. C-23 CHAPTER X - LEGAL AND JUDICIARY Section 10.1 - Town Attorney. C-24 Section 10.2 - Municipal Court. C-24 CHAPTER XI - BOARDS AND COMMISSIONS Section 11.1 - Existing Boards and Commissions. C-25 Section 11.2 - Right to Establish, Amend and C-25 Abolish. CHAPTER XII - FINANCE AND BUDGET Section 12.1 -Fiscal Year. C-26 Section 12.2 - Proposed Budget and Message. C-26 Section 12.3 - Budget Message. C-26 Section 12.4 - Budget Content. C-27 Section 12.5 - Capital Program. C-28 Section 12.6 - Public Hearing. C-28 Section 12.7 - Council Action on,Budget. C-29 Section 12.8 - Contingencies. C-29 C-2 • • Section 12.9 - Public Records. Page C-29 Section 12.10 - Amendments After Adoption. C-30 Section 12.11 - Independent Audit. C-31 Section 12.12 - Lapse of Appropriation. C-31 CHAPTER XIII - TAXATION Section 13.1 - Tax Authority and Limitations. C-31 Section 13.2 - Collection of Taxes. C-31 Section 13.3 - Authority to Acquire Property. C-32 CHAPTER XIV - MUNICIPAL FUNDING Section 14.1 - Forms of Borrowing. C-32 Section 14.2 - Short-Term Notes. C-32 Section 14.3 - General Obligation Bonds. C-32 Section 14.4 - Revenue Bonds. C-33 Section 14.5 - Funding of Revenue Bonds. C-33 Section 14.6 - Refunding Bonds. C-34 Section 14.7 - Limitation of Indebtedness. C-34 Section 14.8 - Bonds; Interest, Sale, Prepayment. C-35 Section 14.9 - Long Term Installment Contracts, C-35 Rentals and Leaseholds--Town Property. CHAPTER XV - IMPROVEMENT DISTRICTS Section 15.1 - Power to Create Special or Local C-36 Improvement Districts. Section 15.2 - Creation of Special or Local Im- C-36 provement Districts. Section 15.3 - Improvement District Bonds; Levy C-37 for General Benefit to Special Fund; Pledge of Credit. Section 15.4 - Surplus and Deficiency Fund- C-38 Payment of Bonds by Town. Section 15.5 - Revenue of Improvement District C-38 Proceedings. CHAPTER XVI - INTERGOVERNMENTAL RELATIONS Section 16.1 - Regional Service Authorities. C-39 Section 16.2 - Cooperative Intergovernmental C-39 Contracts. CHAPTER XVII - UTILITIES AND FRANCHISES Section 17.1 - General Powers. C-39 Section 17.2 - Water Rights. C-39 Section 17.3 - Utility Rates. C-39 Section 17.4 - Management of Municipal Utilities. C-40 Section 17.5 - Use of Public Places by Utili- C-40 ties. Section 17.6 - Granting of Franchises. C-40 Section 17.7 - Transit Facilities. C-40 C-3 Page Section 17.8 - Revocable Permits. C-40 Section 17.9 -'Franchise Records. C-40 CHAPTER XVIII - GENERAL PROVISIONS Section 18.1 = Eminent Domain. C-41 Section 18:2 -_,Reservation of-Power. C-41 Section 18.3 Restrictions on'Sale of-Munici- C-41 pally-Owned Real Property. Section ,18A - Bequests, Gifts and Donations. C-41 Section 18.5 = Severability of Charter Provi- C-41 sions. Section -18.6 -.Charter Amendments. C-42 Section 18.7 - Ihtepretations. C-42 Section 18.8 -.Definitions, C-42 Section 18.9 - Chapter and-Section Headings. C-43 CHAPTER XIX - ORGANIZATION PROVISIONS Section 19.1 -.Effective Date of Charter. C-43 Section ,19.2 - Organization; First Election of C-44 Officers. Section 19'.3 - Financing and Budget. C-44 Section 19.4 - Compensation of Councilmembers. C-44 Certificate of Final.Adoption. C-45 C-4 • • PREFATORY SYNOPSIS The members of the Charter Commission of the Town of Avon, Colorado, herewith submit to the voters of the Town a proposed Home Rule Charter, which we have framed in con- formity with Article XX of the Colorado Constitution and Municipal Home Rule Act of 1971. The Charter Commissioners have worked long and hard to achieve a simple and direct form of local government based on sound principles of public administration and tailored to the present and future needs of the citizens of Avon. We believe this Charter provides a sound and yet flexible framework for the governance of our municipal govern- ment through local self-determination. Key provisions of the Charter are set forth below. Under the proposed Charter, initially a Council-Mayor form of government is established. The Charter further pro- vides for a Council-Manager form when the Council determines such form is appropriate. The Council is established as the policy-making legislative body of the Town. It consists of seven Councilmembers elected at large and the Mayor elected by Council. Councilmembers are elected for four-year terms of office and the Mayor for a two-year term. The Mayor presides at all Council meetings, but votes only in case of tie. The executive power can be vested in a Town Manager who is appointed by and serves at the pleasure of the Town Council. The Charter also establishes guidelines for the establishment of a Personnel Merit System for all Town employees except major department heads. Municipal elections are held on the first Tuesday after the first Monday in May of even-numbered years, with the first regular general election under this Charter to be held on May 6, 1980. The Charter provides that all elections are to be non-partisan and conducted in accordance with the Colorado Municipal Election Code. The Charter requires a vote of the electorate before any use tax, occupation tax, or excise tax is enacted. The Council has the authority to establish a Town sales tax not to exceed four per cent (4%) by Council ordinance alone. Under the Charter, the Town has flexible funding and borrowing procedures, but has a general debt limit not to exceed 25 per cent of the assessed valuation of the taxable property within the Town, or the sum of $15,000,000., whichever amount shall be greater. Additional matters covered in this Charter for the future framework of Avon municipal government relate to general Council Procedures, Legislation, Initiative and Referendum Powers of the people, Municipal Administration Guidelines, Legal and Judiciary Appointments, Municipal Boards and Commissions, Town Finances and Budget, Municipal C-5 • • Borrowing Procedures, Improvement Districts, Inter-Govern- mental Relations, Public Utilities and Franchises, General Provisions and Organizational Procedures. The proposed Charter is very much a compromise of your Commission's deliberations. But this document vests the People of the Town of Avon with every major political power permitted any home rule community under the Constitution of the State of Colorado. We believe this Charter provides a structure for quality government in the Town of Avon which will endure for many years to come. C-6 • • HOME RULE CHARTER FOR THE TOWN OF AVON, COLORADO PREAMBLE We the People of Avon, Colorado, under the authority of the Constitution of the State of Colorado, do hereby ordain, establish and adopt this Home Rule Charter for the Town of Avon, State of Colorado. AS ADOPTED BY THE AVON CHARTER COMMISSION Angelo V. Alpi, Chairman Leslie Allen, Secretary Ron Allred Richard Casserley Daniel Doyle David Gaines Garth Henley Aleta Nottingham David Richards May 5, 1978 C-7 • CHAPTER I NAME-BOUNDARIES Section 1.1 Name and Boundaries. L J The municipal corporation heretofore existing as the Town of Avon in the County of Eagle, State of Colorado shall remain and continue a body politic and corporate and under this Charter and shall be known as the Town of Avon, with the same boundaries until changed in a manner authorized by law. CHAPTER II MUNICIPAL POWERS Section 2.1 Powers,-Rights and Liabilities. (a) By the name of the Town of Avon the municipal corporation shall have perpetual succession, shall own, possess and hold all property, real and personal heretofore owned, possessed and held by the Town of Avon and does assume and shall manage--and dispose of all trusts in any way connected therewith; shall succeed to all the rights and liabilities and shall acquire all benefits and does assume and shall pay all bonds, obligations and indebtedness of said Town of Avon; may, by the name of the Town of Avon, sue and defend, plead and be impleaded in all courts and places and in all matters and proceedings; may purchase, receive, hold and enjoy, or sell and dispose of real and personal property; may"have and use a common seal and alter the same at pleasure. (b) The Town shall have all the power of local self- government and home rule and all power possible for a town to have under the Constitution of the State of Colorado. The Town shall also have all powers that now or hereafter may be granted to municipalities by the laws of the State of Colorado, and the enumeration of particular powers in this Charter is not exclusive of others. All such powers shall be exercised in the manner prescribed in this Charter or, if not provided for herein, in such manner as shall be provided by ordinance of the Council of the Town. (c) All ordinances of the Town of Avon in force at the time this Charter goes into effect shall continue in force except insofar as they may conflict with the provisions of this Charter or shall be amended or repealed by ordinances enacted under the authority of this Charter. C-8 • • Section 2.2 Form of Government. The municipal government provided by this Charter shall be the "mayor-council" form of government. Pursuant to the provisions of this Charter and subject only to limitations imposed by the State Constitution, all powers of the Town shall be vested in an elected Council. CHAPTER III ELECTIONS Section 3.1 Laws Governing Elections. Special and general municipal elections shall be governed by the Colorado Municipal Election Code of 1965 as now existing or hereafter amended or modified, except as otherwise provided in this Charter or as Council may prescribe by ordinance. The Council may by ordinance establish the method for the registration of electors; the number, qualifications and compensation for election judges and clerks; and the boundaries of election precinct. The Council may by ordinance establish an election commission with such powers, duties, terms and qualifications as provi- ded by ordinance. Section 3.2 Municipal Elections.- A general municipal election shall be held on the first Tuesday after the first Monday in November of 1986, and of each even numbered year thereafter. Any special munici- pal election may be called by resolution or ordinance of the Council at least sixty (60) days in advance of such election. The resolution or ordinance calling a special municipal election shall set forth the purpose or purposes of such election. Polling places for all municipal elec- tions shall be open fron 7:00 a.m. to 7:00 p.m. on election day. (Ord. 84-8 §1). Section 3.3 Precincts. The election precincts of the Town shall remain as they existed on the effective date of this Charter until altered by the Council as hereinafter provided. The council shall by resolution from time to time establish convenient election precincts in accordance with this Charter and statutes. Section 3.4 Non-Partisan Elections. All municipal elections shall be non-partisan. No C-9 (Avon 2/85) ~0 candidate for any municipal office shall run under a party label of any kind. Section 3.5 Recall. Any elected official or elected officer of the Town may be recalled at anytime after 90 days in office by the electors,entitled to vote for a successor-of such incumbent through the procedure in the-manner provided'for in Article XXI of the State Constitution. Consistent with the Consti- tution and this Charter, the Council may provide by ordinance for further recall procedures. CHAPTER IV COUNCIL AND MAYOR Section 4.1 Town Council. The Town.Council.shall consist of seven (7) members, .one of whom shall serve as Mayor and one-of whom shall serve as Mayor Pro-Tem.- The Mayor and Mayor Pro-Tem shall be elected from within and by the Council- as hereinafter provided. Section 4.2 Terms. of Office - Mayor and Councilmembers. - (a) The terms of office of the Councilmembers, herein- after to be elected in accordance with the provisions of this Charter, shall commence on their taking the oath of office at the ensuing organizational meeting of the Town Council-held after the election in the year elected and shall continue during the term for which they shall have been elected until their successor shall have been elected and duly qualified; provided, the terms of office of the Council- .members elected at the regular municipal election held on May 4, 1982, shall extend to the regular- municipal election to be held-on the first Tuesday after the first Monday in the year 1986, and the terms of office of the councilmembers elected at the regular municipal election, held on May 8,.1984, shall extend to the regular municipal election to be held on the first Tuesday after the first Monday in November in the year 1988. (b) On the first Tuesday after the-first Monday in November in the-year 1988, and thereafter on the first Monday in November in the year 1992 and every four (4) years thereafter at the regular municipal elections, three Council- members-'shall be elected for four (4) year terms. C-10 (Avon 2/85) • • (c) On the first Tuesday November in the year 1986, and Tuesday after the first Monday and every four (4) years there, elections, four Councilmembers year terms. after the first Monday in thereafter on the first in November in the year 1990, after at the regular municipal shall be elected for four (4) (d) The terms of office for Councilmembers shall be four (4) years provided, however, that the terms of office for Councilmembers elected at the regular municipal elec- tion held on May 4, 1982, shall be four (4) years, six (6) months and two (2) days, and provided further a Council- member who is appointed to fill a vacancy as well as any Councilmember who was initially elected in the election which took place on August 8, 1978, may serve, in addition to the initial term a total of no more than eight additional years. Councilmembers who are serving prior to the regular municipal election to be held on the first Tuesday after the first Monday in November in the year 1986 shall have an additional six months added to their terms of office. (Ord. 84-8 §§2--5). Section 4.3 Election of Mayor The Mayor shall be elected from.amongst the duly elected Councilmembers by a majority vote of the Council at its first organizational meeting which shall be held within seven (7) days after each regular municipal election. Section 4.4 Mayor - Powers and Duties. The mayor shall preside at meetings of Council and shall exercise such powers and perform such other duties as are or may be conferred and imposed upon him by this Charter or the ordinances of the Town. He shall have no power to vote except in cases of tie vote of the members of the Council present-and voting. The Mayor shall be recognized as the head of the Town government for all ceremonial, digni- tary and legal purposes and he shall execute and authenticate legal instruments requiring his signing as such official. Section 4.5 Mayor Pro-Tem. The Council shall, at its first meeting following each regular municipal election, and after the newly elected members take office, elect one of its members to serve as Mayor Pro-Tem, for a term expiring at the first Council meeting following each regular election except as herein- after provided. The Mayor Pro-Tem shall be elected by a majority of the Councilmembers present at said meeting and may be removed by a majority of the entire Council. C-11 (Avon 2/85) • • The Mayor Pro-Tem shall preside at meetings of Council in the absence or disability of the Mayor. He or she shall have all the powers and duties of the Mayor in his or her absence or disability, including the power to break tie votes, but he or she shall have no vote as a councilmember when so acting. (Ord. 84-3 §1). Section 4.6 Qualifications. (a) No person shall be eligible to hold office as an elected official, unless, at the time of his nomination and election he be a qualified elector as defined by the laws of the State of Colorado, a resident and qualified elector of the Town as defined by ordinance. C-lla (Avon 2/85) (b) No elected official-shall be a salaried employee of the Town during his term of office, other.`than as provi- ded in this Charter. (c) The Town Council shall be the judge'of election and qualifications, of-its own members. (d) Commencing with the election for Councilmembers to be held in M'ay; 1980, and for all subsequent elections for Councilmembers'when nominated and elected shall have resided in the Town'or any territory thereafter annexed for a minimum period 'of one (1) year immediately proceeding said election. Section 4.7 Vacancies. (a) An office until off-ice shall dies, become or ceases to a felony. elected official shall continue to hcld_his his successor is duly qualified. "An elective become vacant whenev_er'any-officer is recalled, s incapacitated, resigns, refuses to serve, be a resident of the town", or is convicted of- (b) Within thirty days after a vacancy occurs, the remaining Councilmembers shall choose- by-majority vote a duly qualified person to fill such vacancy. He shall hold office only until a successor has been elected at the next general municipal election and duly qualified for office. Such successor shall serve the unexpired term, if any, as to which the vacancy occurred. If-'four or more vacancies exist simultaneously, the-remaini-ng-Councilmembers-shall, at the next regular'meeting of the Council, call a special election to fill such vacancies, provided there will not be a general municipal election within ninety days and-pro- - vided that their.successors have not previously been elected. (c) If a vacancy occurs in the office of Mayor, the Council shall call a special meeting within seven days to elect a new mayor. (Ord. 83-17 §1). Section 4.8 Compensation. The members of the Council shall receive-such compensa- tion, and the Mayor such additional compensation, as the Council shall prescribe by ordinance; provided, however, that the compensation of any member during his term of office shall not be increased or decreased. The Mayor and Council may, upon order of the Council, be paid their actual-.and necessary expenses incurred in the performance of their duties of office. C-12 (Avon 7/84) i Section 4.9 Powers of Council. The Council shall constitute the legislative and governing body of the'Town'and shall have all legislative powers and functions of municipal government, except as otherwise provided'in the Constitution of the State of Colorado-, this Charter or by Statutes applicable to Home Rule Towns and/or cities and.shall have the power and authority to adopt such law's,--ordinances,-resolutions and rules as it, shall deem proper. Section 4.10 Oath of Office and-Bond. (a), Every elected officer under this Charter, before entering upon the duties of his office, shall take an oath or affirmation of office, that he will support the Consti- tution and-the laws of the United States and of the State of Colorado, and this Charter and the ordinances of the Town and'will faithfully perform the duties of his office upon which he is about to enter. The Town Clerk shall file each oath, together with any bond required by this Charter, or by the Council. (b) , In case of failure to comply with the.provisioris of this Section within ten (10) days from-the date'of his appointment, or within ten (10) days from the date prescribed in this Charter to take office, such officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the Council shall, by motion or resolu- tion, extend the time in which such officer may qualify as above set forth. CHAPTER V COUNCIL PROCEDURE Section 5.1 Regular Meetings. The Council shall meet regularly at least twice_ each month at a day and hour to be fixed by the rules of the Council. The Council shall determine the,rules of procedure governing meetings. The first regular meeting in the month following the regular municipal election shall be the organ- izational meeting. Section 5.2. Special-Meetings. - Special meetings of the Council shall be called by the Clerk on the written request of the Mayor, or by any four (4) members of the Council on at least twenty-four C-13 0 0 (24) hours written notice to each member of the Council, served personally or left at his usual place of residence or place of business, and written notice posted in at least three (3) public places, but a special meeting may be held on shorter notice if all members of the Council are present or have waived notice thereof writing. Section 5.3 Business at Special Meeting. No business shall be transacted at any special meeting of the Council unless the same has been stated in the notice of such meeting. However, any business which may lawfully come before a regular meeting may be transacted at a special meet- ing if all the members of the Council present consent thereto and all the members absent file their written consent. Section 5.4 Quorum: Adjournment of Meeting. A majority of the members of the Council in office at the time shall be a quorum for the transaction of business at all Council meetings; but in the absence of a quorum, a lesser number may adjourn any meeting to a later date or time. In the absence of all members, the Clerk may adjourn any meeting for not longer than one week. Section 5.5 Organization and Rules of Council. The Council shall determine its own organization, rules and order of business subject to the following provisions: (a) Minutes of the proceedings of each regular or special meeting shall be kept in the English language by the Clerk and shall be signed by the Presiding Officer and Clerk of the meeting at which the minutes are approved. (b) A roll call vote upon all ordinances, resolutions and motions shall be taken by "Yes" or "No" vote and entered upon the records, except that where the vote is unanimous it shall only be necessary to state that the vote was unanimous. (c) No member of the Council shall vote on any ques- tion in which he has a financial interest, other than the common public interest, or on any question concerning his own conduct. Section 5.6 Meetings to be Public. All regular and special meetings of the Council shall be open to the public and citizens shall have a reasonable C-14 opportunity to be heard under such rules and regulations as the Council may prescribe. The Council may hold such study sessions and executive sessions as the Council may determine and.may exclude from said meetings the public and citizens, provided, however, no formal and legally binding.action by the Council for the Town shall be taken at any such executive or study session. CHAPTER VI LEGISLATION Section 6.1 Council Acts. Council shall act only by ordinance, resolution or motion. All legislative enactments must be in the form of ordinances; all other actions, except as herein provided, may be in the form of--resolutions or motions. All ordi- nances and resolutions shall be confined to one subject except in case of repealing ordinances, and ordinances making appropriations shall be confined to the subject of appropriations. Section 6.2 Voting. A vote by "Yes"-or "No" shall be taken upon the passage of all ordinances,.resolutions and motions, and entered upon the minutes of the Council-proceedings.. Every ordinance shall require the affirmative vote of the majority of the membership of the entire Council for final passage. Resolutions and motions shall require the . affirmative vote of a majority-of the members present for passage. Every member, when present, must vote'-upon ordinances, resolutions and motions,.except he shall be excused from voting on matters involving-the consider-at-ion of his own official conduct or when his personal or finan- cial interest is involved. For every member excused from voting, the quorum and total membership of Council shall be reduced by one for the purpose of action,on each and every ordinance, resolution and motion. Section 6.3 Action by Ordinance Required. In addition to such acts of the Council-as are required by other provisions of this Charter to be by ordinance, every act making an appropriation, creating an indebtedness, authorizing borrowing of money, levying a tax, establishing any rule or regulation for the violation of which a penalty is imposed, or placing any burden upon or limiting the use of private property, shall be by ordinance;'pr-ovided, how- ever, that this section shall not apply to the adoption C-15 0 • of the budget and levying of an -ad valorem tax, as provided in the Charter. Section 6.4 Form of Ordinance - Effective Date. All ordinances shall be introduced in written or printed form and no ordinance or section thereof shall be amended or repealed except by an ordinance regularly adopted. The enacting clause of all ordinances shall be "Be it ordained by the Town Council of the Town of Avon, Colorado." With the exception of emergency ordinances, the effective date of all ordinances shall be seven days after public notice following final passage unless a later date is prescribed in the ordinance. Section 6.5 Procedure for Passage of Ordinances. Except for emergency ordinances, ordinances making general codification of existing ordinances, and ordinances adopting standard codes, the following procedure for enact- ment of ordinances shall be followed: (a) The ordinance shall be introduced at any regular or special meeting of the Council by any member thereof. (b) The ordinance shall be read in full, or in cases where copies of the ordinance are available to the Council and to those persons in attendance at said Council meeting, said ordinance may be read by title only. (c) After the first reading of the ordinance, the same shall be approved or rejected by a vote of the Council. (d) If the ordinance is approved on first reading, it shall be published in full unless otherwise provided herein. The Council shall set a day, hour and place at which Council shall hold a public hearing on the ordinance and notice of said day, hour and place shall be included in the first publication. (e) The ordinance shall be introduced at Council a second time, at a meeting not earlier than seven days after first publication for final approval, rejection, or other action as may be taken by vote of the Council. This meeting may be the same meeting at which the public hearing on the ordinance is held. The ordinance may be amended before final approval by vote of the Council. (f) Except as otherwise provided in this Charter, an ordinance, if amended in substance, shall be published in full after final passage, but if not amended in substance C-16 • it shall be published either by title or in full as the Council may determine. (g) Whenever an ordinance shall be published by reference or by title, the publication shall contain a summary of the subject matter of said ordinance and shall contain a notice to the public that copies of the proposed ordinance are available at the office of the Town Clerk. The publication of any ordinance by reference or by title as provided herein must set forth in full any penalty clause contained in said ordinance. Section 6.6 Emergency ordinances. (a) An ordinance which is declared therein to be an emergency ordinance and which is immediately necessary for the preservation of the public peace, health, safety or welfare may be enacted at the regular or special meeting at which it is introduced by unanimous minus one vote of Councilmembers present and without any requirement of publication and without any requirement of a second reading and passage. The purpose of the emergency must be clearly stated in the ordinance. Such emergency ordinances, after passage, shall take effect eight days therefrom, but shall for information purposes, be published as required in this Charter for ordinances after final passage. (b) No ordinance granting any special privilege, levying taxes, incurring indebtedness, authorizing borrowing money or fixing rates charged by any Town owned utility shall ever be passed as an emergency measure. Section 6.7 Publication of Ordinances. Pursuant to requirements for publication of ordinances as provided elsewhere in this Charter, said ordinances shall be published in a newspaper of general circulation in the Town; all other provisions relating to publication in this Charter to the contrary notwithstanding, "publication" shall also be effective by posting in at least three public places within the Town in addition to posting at the office of the Town Clerk. Section 6.8 Codification. The Council shall cause the ordinances to be codified and maintained thereafter in current form. Revisions to the codes may be accomplished by reference as provided in this Charter. C-17 0 • Section 6.9 Codes Published by Reference. Standard codes, promulgated by the Federal Government, the State of Colorado, or by an agency of either of them, or by any municipality within the State of Colorado, or by recognized trade or professional organizations, or amendments or revisions thereof, may be adopted by reference; provided the publication of the ordinance adopting any such code shall advise that copies thereof are available for inspection at the office of the Town Clerk, and provided that any penalty clause in said codes may be adopted only if set forth in full and published in the adopting ordinance. Section 6.10 Disposition of Ordinances. A true copy of every ordinance, as adopted by Council shall be numbered and recorded in the official records of the Town. Its adoption and publication shall be authentica- ted by the signature of the Mayor, or Mayor Pro-Tem, and the Town Clerk, and by the certificate of publication. A true copy of every ordinance, as adopted by the vote of the electors of the Town, shall be separately numbered and recorded commencing with "Peoples' Ordinance No. 1." But the failure to so file and authenticate such ordinance shall not invalidate it or suspend its operation. CHAPTER VII INITIATIVE AND REFERENDUM Section 7.1 Initiative. (a) Any proposed ordinance, except an ordinance per- taining to the Town budget, setting of rates, fees, and charges for any purposes, appropriation of funds, levy of taxes, salaries and tenure of Town officials or employees, zoning or rezoning of property and acquisition or disposi- tion of municipal properties, may be submitted to the Coun- cil by petition signed by qualified electors of the Town equal in number to the percentage hereinafter required. (b) An initiative petition accompanying the proposed ordinance signed by qualified electors of the Town equal in number to 15 per cent of the total vote cast in the last general municipal election, shall be filed with the Town Clerk at least sixty days prior to any general or special municipal election, and shall contain a request that said proposed ordinance be submitted to a vote of the people if not passed by the Council. The Council shall within thirty days after the attachment of the Clerk's certificate C-18 of sufficiency to the accompanying petition either (a)'pass said ordinance without alteration, or--(b) call a special election,,unless a general municipal election is fixed within ninety days thereafter, and at such special or gen- eral municipal election, said proposed ordinance shall be submitted without alteration to the,vote'-of the qualified electors of the Town. (c) An initiated ordinance shall,.be published-in like manner as other proposed-ordinances. The ballot upon which such proposed ordinance is submitted shall state briefly the nature and it shall contain the-words "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." If a majority of the qualified electors voting thereon shall vote in favor thereof, the same shall thereupon without further publication become an ordinance of the Town. (d) The, provisions of this Section shall.in no way affect nor preclude the procedures for recall of any elected official or.officer in this Charter. Section 7.2 Referendum. (a) --The referendum shall apply to all ordinances passed by the Council, except ordinances relating to or levying municipal taxes, Town budget, appropriation of funds, calling a special election, authorizing the issuance of local improvement district bonds payable primarily from special assessments, levying special assessments, emergency ordinances, ordinances to meet contractual--obligations of the Town salaries and tenure of Town officials or employees, acquisition or disposition of municipal properties. (b) If, at any time within thirty days after the final passage of an ordinance to which the referendum is appli- cable, a petition signed-by_qualified electors equal in amount to at least ten per cent of the total-vote,cast in the last general municipal election be,presented to the council protesting against the going into effect of any ordinance, the same shall thereupon be-suspended-and the Council shall reconsider such ordinances; and if.the_ same be not entirely repealed shall submit the same to_a vote of the qualified electors of the Town in a manner -as provi- ded in respect to the initiative at the-next regular municipal election, or at a special election called-therefor. If a majority of the qualified electors vote in favor of such ordinance, it shall go into effect without further publication. (c) The Council,--on its own motion, shall have the power to submit at a general or special election any C-19 • • proposed ordinance or question to a vote of the people in a manner as in this Charter provided. (d) If provisions of two or more proposed ordinances adopted or approved at the same election conflict, the ordinance receiving the highest affirmative vote shall become effective. Section 7.3 Certificate of Clerk, Amendment of Petition. Within ten days from the filing of any initiative or referendum petition, the Town Clerk shall ascertain whether the petition is signed by the requisite number of qualified electors, and if sufficient shall attach thereto a certifi- cate of sufficiency showing the result of such examination. If the petition is insufficient, the Clerk shall forthwith in writing notify one or more of the persons designated as filing the same on the petition. The petition may then be amended within ten days from the filing of the certificate. The Town Clerk, within five working days after such amend- ment, shall make the examination of the amended petition and attach thereto a certificate of the result. If still insufficient, the Clerk shall return the petition to one of the persons designated thereon at filing it, without preju- dice to the filing of a new petition for the same purposes, but such petition shall not be refiled within one year after return by the Clerk. Section 7.4 Prohibition of Amendment or Re-Enactment. An ordinance adopted by the electorate may not be amended or repealed for a period of six months after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be re-enacted for a period of six (6) months after the date of the election at which it was repealed provided however, that ordinances may be adopted, amended, or repealed at any time~y appro- priate referendum or intiatory procedure in accordance with the foregoing provisions of this Charter, or if submitted to the electorate by the Council on its own motion. Section 7.5 Implementation The Council may adopt such additional rules and regula- tions as are deemed necessary to implement this Chapter. CHAPTER VIII MUNICIPAL ADMINISTRATION Section 8.1 Town Manager The Mayor shall be the chief executive and administrative officer of the Town until such time as the Council shall C-20 • • shall appoint a Town Manager. During such period of time and prior to the appointment of a Town Manager, the Mayor shall be compensated as the Council may determine by Ordinance. At such time as the Council -shall-appoint a Town Manager the provisions of this Chapter VIII shall control. The Council, by a majority vote, shall appoint a Town Manager within a reasonable time whenever a 'vacancy exists in such position. Such appointment shall be without definite term and shall be at a salary to be fixed by the Council. The Manager shall be appointed without regard to any consideration other than his fitness, competency, train- ing and experience as a Manager. At the time of his appoint- ment, he need not be a resident of the Town or State, but during tenure of Office he shall reside within the Town. No member of the Council shall be appointed Manager at the time said person is a member of the Council. Section 8.2 Acting Town Manager The Council may appoint an acting Town Manager during the period of vacancy in the office, or during the absence or disability of the Town Manager. Such acting City Manager, shall, while he is in such office, have all responsibilities, duties, functions and authority of the Town Manager. Section 8.3 Powers and Duties. The Town Manager shall be responsible to the Council for the proper administration of all affairs of the-Town placed in his charge, and to that end he shall have the power and duty and be required to: (a) be responsible for the enforcement of-the laws and Ordinances of-the Town; (b) hire, suspend, transfer and remove Town employees; (c) make appointments on the basis' of executive and admin- istrative ability and of the training and experience of such appointees in the work which they are to perform; (d) cause.a proposed-budget-to be prepared annually and submit it to the Council and be responsible for the administration C of finances and administrative-activities of the Town for the preceding year, and upon request of the Council make ,written or verbal reports at any time concerning the affairs of the Town under his supervision; (f) keep the Council advised of the financial condition and future needs of the Town and make such recommendations to the Council for adoption-.as he may deem necessary or expedient; (g) exer- cise supervision and control over all executive and admini- strative departments except as otherwise herein provided, and recommend to the Council any proposal he thinks advisable to establish.,.consolidate or,-abolish administrative departments; (h) be responsible for the enforcement of all terms and conditions imposed in favor of the Town in C-21 any contract or public utility franchise, and upon knowledge of any violation .thereof-, report the same to the Council for such action. and proceedings: as may be necessary to enforce the same; (i) attend Council meetings and parti- cipate in discussions with.the Council.in an advisory capacity without right to vote; (j) ''establisha system of accounting and auditing for the Town which shall reflect, in accordance with generally accepted accounting principles, the financial condition and financial operation of the Town; (k) provide for engineering, architectural, maintenance and construction services required by the Town; and (1) perform such other duties.as may be prescribed by this Charter, or by ordinance, or required of him by Council which-are not inconsistent with this Charter. Section 8.4 Removal of Town Manager. The Council at a regular or special meeting may, upon the vote of the majority of the entire Council, remove the Town, Manager from office. Upon such termination the Council may in its discretion provide termination pay. Section 8.5 Relationship of Council to Administrative Ser- vice. Neither the Council, its members,, the mayor, nor any council committee shall dictate the appointment of any person.to office by the Town Manager except as otherwise provided in this Charter or in any way interfere with the Town Manager or other'Town officer to prevent him from exercising his judgment in the appointment or employment of officers and employees in the administrative service. Except for the purpose of inquiry, the Council, its members, the Mayor and any Council committee shall deal with the administrative service solely through the Town Manager and neither the Council, its members, the Mayor;.nor any Council committee thereof shall give orders to any of the subordinates of the Town Manager. Section 8.6 Town Clerk. The Council shall appoint a Town Clerk, who shall be custodian..of the Town seal and who shall keep a journal of Council proceedings and record in full all ordinances, motions and resolutions. The Clerk-shall-have power to administer oaths-and take acknowledgments under seal of the Town, and shall perform such other duties as required by this Charter, the Council, or the Manager. C-22 a Section 8.7 Bonding of Employees. All Town officials and employees dealing-directly with municipal funds or substantial inventories of materials and supplies shall post bond in an amount and under such condi= tions as required by Council, and at the expense of'the, Town. Section 8.8 Administrative Departments. (a) The administrative functions of the Town shall be performed by such departments as the Council may here- after establish by ordinance, upon recommendation of the Town Manager. The Council may, by ordinance, upon recom- mendation of the Town Manager, consolidate or merge any, departments, whether set forth in this-Charter or established by ordinance. (b) - All departments of the Town, except as otherwise provided'in this Charter, shall be under the.supervision and control of the Mayor, unless there shall be a Town Manager who shall then exercise the supervision and control, of said departments. The Mayor or if there shall be a Town Manager, the Town Manager shall have the right to divide with Council approval such departments into separate divisions and to assign various functions and duties to the different departments and divisions. CHAPTER IX PERSONNEL Section 9.1 Personnel Merit System. (a) The council shall create and enact a Personnel Merit System and establish a Personnel,Merit Commission y composed of three (3) qualified electors as regular members and not more than three (3),qualified electors as alternate, members. (b) The Personnel Merit System shall iriclude all Town employees within the provision including the police and fire department chiefs and excluded from the system-shall be the Town-Manager, department heads excepting the police and fire-department heads, elective officers, appointees of Council, appointed members of boards and commissions, persons employed to make or conduct-a special inquiry, investigation, examination or installation or audit. (c) The Personnel Merit Commission shall have juris- diction and final authority to hear and determine appeals by any aggrieved employee who has been subject to disciplinary C-23 (Avon-7/84) action of any kind. (d) The Personnel Merit Commission shall promulgate its own rules and regulations consistent with implementing ordinances adopted by Council. (Ord. 84-2 §1). CHAPTER X LEGAL AND JUDICIARY Section 10.1 Town Attorney. The Council shall appoint a Town Attorney to serve - at the pleasure of-Council. He shall be an attorney-at-law admitted to practice in Colorado, having been-in active practice at least five years prior thereto. The Town Attorney shall be the legal representative of the Town and he shall advise the Council Town officials in matters relating to their official powers and duties and perform such other duties as Council may prescribe by ordinance or resolution. The Council may provide the Town Attorney such assistants as Council may deem necessary, and may on its own motion or upon request of the Town Attorney employ special counsel. Council shall establish compensa- tion for the Town Attorney, his assistants and'special counsel. Section 10.2 Municipal Court. (a) Municipal Judge. There shall be a municipa-1 court vested with exclusive original jurisdiction of all causes arising under the ordinances of the Town as-may be conferred by law. The municipal court shall be presided over and its functions exercised by a judge appointed by the Council for a specified term of not less, than,two years. The Council may reappoint the municipal,judge.for a subse- quent term or terms, except that'the initial appointment may be for a term of office which expires-on the date of the organizational meeting of the Council after the next general election. Any vacancy in the office of municipal judge shall be filled by appointment-by the Council for the remainder of the unexpired term. The municipal judge shall bean attorney-at-law admitted to practice in-the State of Colorado, having been in active practice at least five years prior thereto.-- (b) Deputy Judges. Council-may-appoint one or more deputy judges as it deems necessary. The deputy municipal judge shall have all the powers of-,the municipal judge when called on to act by the municipal judge or the-Council. In the event that more than one municipal judge is appointed, the Council shall designate a presiding municipal judge, C-24 (Avon 7/84) who-shall serve in this capacity during the term for which he was appointed. The deputy municipal judges shall be attorneys admitted to practice-in the State of Colorado and serve at the pleasure of the Council. (c) Compensation. The a fixed salary or compensati, salary or compensation shall outcome of the matters to be judge. The deputy municipal sation for services rendered municipal judge shall receive Dn set by the Council which not be dependent upon the decided by the municipal judges may receive such compen- as-Council may determine. (d) Removal. Any municipal-judge may be removed during his term of office only for cause. A judge may be removed for cause if: 1. _He is-found guilty of a felony or any other crime involving moral turpi- tude; 2. He has a disability which inter- feres with the performance of his duties, and which is, or is likely to become permanent; 3. He has willfully or persistently failed to perform his duties; or 4. He is habitually intemperate. CHAPTER XI BOARDS AND COMMISSIONS Section 11.1 Existing Boards and Commissions. All existing Boards and Commissions shall continue as established by ordinance, except as otherwise provided by ordinance or this. Charter. Section 11.2 Right to Establish, Amend and Abolish. (a) Council may create any Boards and Commissions including Advisory and Appeal Boards.. Advisory. Boards may be created by resolution. All 'other Boards and Commissions shall be created-by ordinance,'which shall prescribe the powers and duties delegated by Council-. Initial appointments by the Council to any Board or Commission shall specify the term of office of each member in order to achieve overlapping tenure. Council shall also make appointment to fill vacan cies for unexpired terms. Each Board and-Commission shall elect its own chairman and vice-chairman from among its members. Each Board and Commission shall operate in C-25 • • accordance with its own rules of procedure, except as otherwise directed by Council. Appointees shall be subject to removal for just cause at the pleasure of the Town Council by majority vote of the entire Council in office at the time the vote is taken. (b) The Council may increase, reduce, or change any or all of the powers, duties and procedures of any Boards or Commission existing at the time of this Charter, or created by ordinances or resolutions thereafter. (c) Any Board or Commission existing at the time of this Charter or created under this provision which is not required by statute or this Charter may be abolished by Council. (d) No member of the Town Council, the Mayor, any Town employee, nor any appointed Town official shall serve on any permanent Board or Commission heretofore established by Council during his tenure as Councilmember, Mayor, Town employee or appointed Town official. CHAPTER XII FINANCE AND BUDGET Section 12.1 Fiscal Year. The fiscal year of the Town and all of its agencies shall begin on the first day of July and end on the last day of June of each year. Provided, however, Council may by ordinance change the fiscal year of the Town. Section 12.2 Proposed Budget and Message. Prior to the beginning of each fiscal year, the Town Manager, or if there shall not be a Town Manager, then the Mayor shall prepare and submit to the Council a recommended budget for the next fiscal year and an accompanying message. Section 12.3 Budget Message. The Town Manager's message shall explain the budget both in fiscal terms and in terms of the work program. It should contain the proposed financial policies of the Town for the next fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures and revenues, together with the reasons for such changes, sum- marize the Town's debt position, give the balance between C-26 0 the total estimated expenditures and total anticipated revenue from all sources, taking into account the estimated surpluses or deficits in the various funds, and include such other material as the Manager deems necessary or which the Council may require. Section 12.4 Budget Content. The budget shall provide a complete financial plan of all municipal funds and activities for the next fiscal year and, except as required by law or this Charter, shall be in such form as the Town Manager deems desirable or the Council may require. In organizing the budget, the Town Manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity, and object. It shall begin with a clear general summary of its contents and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the preceding fiscal year. It shall include the following in separate sections unless otherwise provided by ordinance: (a) Anticipated revenues classified as cash surplus, miscellaneous revenues, and amounts to be received from property tax; cash surplus being defined for purposes of this article as the amount by which cash is expected to exceed current liabilities and encumbrance at the beginning of the next fiscal year; (b) Proposed expenditures for current operations during the next fiscal year, detailed by offices, departments and agencies in terms of their respective work programs, and the method of financing such expenditures; (c) A reasonable provision for contingencies; (d) A capital depreciation account; (e) Required expenditures for debt service, judgments, cash deficient recovery and statutory expenditures; (f) Proposed capital expenditures during the next fiscal year, detailed by offices, departments and agencies when practicable and the proposed method of financing each such capital expenditure; (g) Anticipated net surplus or deficit for the next fiscal year for each utility owned or operated by the Town and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed income and C-27 • expenditure information shall be attached as appendices to the budget; (h) The bonded and other indebtedness of the Town, showing the debt redemption and interest requirements, the debt authorized and unissued, and the condition of sinking funds, if any ; (i) Such other information as the Council may request. Section 12.5 Capital Program. (a) The Manager, with such assistance as the Council may direct, shall prepare and submit to the Council a long-range capital program, simultaneously with his recom- mended budget. (b) The capital program shall include the following, unless otherwise provided by ordinance: 1. A clear general summary of its contents; 2. A list of all capital improvements which are proposed to be undertaken during the following fiscal years, with appropriate supporting information as to the necessity for the improvement; 3. Cost estimates, method of financing and recommended schedules for each such improve- ment; 4. The estimated annual cost of operating and maintaining the facilities to be construc- ted or acquired; 5. Such other information as the Council may request. This information may be revised or extended each_year with regard to capital improvements still pending or in process of construction or acquisition. Section 12.6 Public Hearing. A public hearing on the proposed budget and proposed capital program shall be held before its final adoption at such time and place as the Council may direct. Notice of such public hearing and notice that the proposed budget is on file for public inspection in the municipal building shall be published one time at least seven days prior to the hearing. C-28 i 0 Section 12.7 Council Action on Budget. (a) Amendments. After the public hearing, the Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law for debt.service or for estima- ted cash deficit. (b) Adoption. The.Council.shall adopt the budget by resolution on or before the final day established by law for the certification of the next year's tax levy:to the county. If it fails to adopt the budget by this.date, the amounts appropriated for the operation of.the current fiscal year shall be deemed adopted-for the next fiscal year on.a month-to-month basis, with all items in it pro- rated accordingly, until such time as the Council.adopts the budget for the next fiscal year. (c) Balanced Budget.- The total of the proposed expen- ditures and provisions for contingencies shall not exceed the total of estimated revenue. .(d) Tax Levy. Adoption of the budget by Council shall constitute appropriations of the amounts specified therein as-expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed. Council shall cause the same to be certified to the appropriate authorities as required by law. Section 12.8 Contingencies. The budget may include an item for contingencies. Except-in those cases where there is no logical amount to which an expenditure can be charged, expenditures shall not be charged directly to contingencies; but instead, the necessary part of the appropriation for contingencies shall be transferred to the logical account, and the expen- diture,charged to such account. No such transfer shall be-made without the express.approval of the Council, and -then only for expenditures which could not readily be fore- seen at the time the budget was adopted. Section 12.9 Public Records. Copies•of the budget and capital program as adopted shall be public records and shall be made available.to the public in the municipal building. C-29 0 0 Section 12.10 Amendments After Adoption. (a) Supplemental Appropriations. If during the fiscal year the Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by resolution may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with provisions of this Charter. To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may by emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of any fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If at any time during the'fiscal year it appears probable to the Manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the Council without delay, indicating the estimated amount of deficit, any remedial action taken by him and his recommendation as to any other steps to be taken. The Council shall then take action to prevent or minimize any deficit and for that purpose it may by resolution reduce one or more appropria- tions. (d) Transfer of Appropriations. Any time during the fiscal year,'the Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency and, upon written request by the Manager, the Council may by resolution transfer part or all of any unencumbered appropriation balance from one department, office, agency or object to another. (e) Limitation - Effective Date. No appropriation for debt service may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriation and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. C-30 0 0 Section 12.11 Independent Audit. An independent audit shall be made of all Town accounts at least.-annually, and more frequently if deemed necessary by the Council.'-Such-audit shall be made by certified or registered public accountants experienced in municipal accounting, selected by the Council. Copies of such audit shall be made available for public inspection at the munici- pal building. Section 12.12" Lapse of Appropriation. Every appropriation, except an appropriation for a Capital Expenditure Fund or Special Fund, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a Capital Expenditure'Fund or Special Fund shall continue in effect until the purpose for which it has been made has been accomplished or abandoned or it is transferred as permitted inspection 12.10. CHAPTER XIII TAXATION Section 13.1 Tax Authority and Limitations. The Council shall have authority to levy and impose any and.all forms of taxes for municipal purposes subject only to the limitations imposed by the Colorado Constitution or other applicable laws; and to provide for their collec- tion. The authority of the Council to levy a sales tax without an election shall be limited to a cumulative maximum of four (4%) per cent. Council shall also have authority to levy and provide for collection of special assessments for local improvements as provided in this Charter or by ordinance. Section 13.2 Collection of Taxes. (a) Unless otherwise provided by ordinance,-the County Treasurer shall collect Town ad valorem taxes in the same manner and at the same time as general ad valorem taxes are collected. In like manner, the Council may-provide for collection,of special improvement assessments by the said Treasurer. (b) All laws of this State for the assessment of pro- perty and the levy and collection of ad valorem taxes, sale of property for taxes and the redemption of the same, shall apply and have the full force and effect in respect to C-31 0 u taxes for the Town as to such general ad valorem taxes, except as may be modified pursuant to this Charter. Section 13.3 Authority to Acquire Property. In addition to all other power which it has to acquire property, the Town is hereby authorized to purchase or otherwise acquire property on which there are delinquent taxes or special assessments. The Town may also dispose of any property acquired under this authority in like manner as any other property. CHAPTER XIV MUNICIPAL FUNDING Section 14.1 Forms of Borrowing. The Town may borrow money for any municipal purpose as provided herein and issue the following securities to evidence such indebtedness: (a) Short-term notes; (b) General obligation bonds and other like securities; (c) Revenue bonds and other like securities; (d) Special or local improvement bonds and other like securities; (e) Any other legally recognized security which the Council may provide. Section 14.2 Short-Term Notes. The Town, upon the affirmative vote of the majority of the entire Council in office at the time the vote is taken, is hereby authorized to borrow money without an election in anticipation of the collection of taxes or other revenues and to issue short-term notes to evidence the amount so borrowed. Any such short-term notes shall mature before the close of the fiscal year in which the money is so borrowed except as is permitted in the provision of this Charter pertaining to Emergency Appropriations. - Section 14.3 General Obligation Bonds. (a) No bonds or other evidence of indebtedness payable in whole or in part from the proceeds of general property taxes and/or sales taxes and/or other municipal taxes, or C-32 • 0 to_which the full faith and credit of the Town is pledged, shall be-issued,,- except in pursuance of an ordinance adopted and approved by two-thirds (2/3) vote of the entire Council, or until the question of their issuance shall, at a general or special election, be submitted to a vote of-the electors and approved by a majority of those voting on the question. (b) The•Council shall determine which of the afore- mentioned methods of approval of such securities shall be utilized subject-to the limitations of subsection 14.3 (c) below. (c) Pursuant to subsection (a) above, the Council may, without voter.approval, issue such securities in amounts not to exceed a total cumulative outstanding bonded indebted- ness of the Town in the amount of $5,000,000.00. (d) General obligation bonds issued for acquiring water and rights thereto, or acquiring, improving or extending a,Town water system or sewer system or any combination of such purposes may be so issued without an election and upon a vote of approval by a majority of two-thirds (2/3) vote of the entire Council, without the restrictions contained in this section. (e) The provisions of this Section-shall not apply to Short-Term Notes, Revenue Bonds, Refunding Bonds, nor Special or Local Improvement District-Bonds, which are provided for elsewhere in this Charter. Section 14.4 Revenue Bonds. The Town, pursuant to ordinance, and without an elec- tion, may borrow money, issue bonds-, or otherwise extend its credit for purchasing, constructing, condemning, other- wise acquiring, extending or improving a water, electric, gas or sewer system, or other public facility or income- producing project or for-any-other capital improvement; provided that the bonds or other obligations shall be made payable from the net revenues derived from the operation of such system, utility or other such project or capital improvement; and provided, further, that any two or more of such systems, utilities, projects or capital improvements may be combined, operated and maintained as joint municipal systems, utilities, projects or capital improvements, in which case such bonds or other obligations shall be made payable out of the net revenue derived from the operation of such joint systems, utilities or capital improvements. Section 14.5 Funding of Revenue Bonds. In addition to the provisions of Section 14:4 relating C-33 - k. 4 - to Revenue Bonds, the Town shall have'the authority to issue revenue bonds payable from the revenue and income of the project, facility,-or improvement, .'to be constructed or - installed with the'-proceeds of the bond issue, or payable in whole or in part from the available proceeds of a Town sales and/or use tax which-may be imposed.pursuant to this Charter. Section 14.6 Refunding Bonds. (a) The Council may authorize, by ordinance, without an election, issuance of refunding bonds or other like securities-for the purpose of refunding and providing for the payment of'the outstanding bonds or--other like securities of the Town as-the same mature, or in-advance of maturity, by means of an escrow or otherwise. (b) Any refunding bonds or other like securities issued for the purpose of refunding revenue bonds or other revenue securities shall be payable from the revenues of.the system, utility, income-producing project or other capital improve- ment that was acquired, extended'or improved with the proceeds of the original bond issue. Section 14.7 Limitation of Indebtedness. The aggregate amount of'bonds,-or other evidences of - indebtedness of the Town shall not exceed twenty=five per cent (25%) of the assessed valuation of the taxable property within the Town as shown by the'l-ast preceding assessment for,Town purposes; or the sum of $15,000,000.00, whichever amount shall be greater provided, however, in determining - the amount of indebte-dness, there shall not be included .within the computation: (a) Bonds or other evidences of indebtedness, outstand- ing or authorized to be issued for the acquisition',-e'Rtension or improvement-'of a municipal water'-works system or municipal storm sewer, sanitary sewer, combined storm and sanitary sewers, or sewage disposal systems; (b1 Short-term notes; (c) Special or local improvement securities; (d) Securities payable from the revenues of an income-- producing system, utility, project, or other capital improvement or from Town sales or use taxes. (e) Long term installment contracts other than real property acquisitions, rentals and leaseholds pursuant C-34 0 0 to Section 14.9. Section 14.8 Bonds; Interest, Sale, Prepayment. (a) The terms and maximum interest rate of general obligation or.revenue bonds or other- like-securities shall be fixed'by the authorizing ordinance and such securities shall be sold to the best advantage of the Town. (b) Any refunding bond may be exchanged dollar for dollar-for a bond refunded. (c) All-bonds may-contain provisions for calling the same at designated per-iods prior to the final due date, with or without the payment of'a prior redemption premium. Section 14.9 Long Term Installment Contracts, Rentals and Leaseholds--Town Property. - (a) In order-to provide necessary land, buildings, equipment and other property for governmental or proprietory purposes, the Town is hereby authorized to enter into long-term installment purchase contracts and rental or leasehold agreements. Such agreements may include an option or options to purchase and,acquir-e title to such property within a period not exceeding the-useful life of such property. Each"such agreement and the terms thereof shall be concluded by an ordinance duly enacted by the Council. (b). The Council is authorized and empowered to provide for the said,payments-,by a tax levy imposed-upon property included within.the boundaries of the Town, or by rates, tolls or service charges-imposed for the use of such property or any part thereof by others, or by any other- available municipal revenue, or by any one or more of the above sources. '(c) The obligation created hereunder shall not consti- tute an indebtedness of the.Town within the meaning of the legal limitations on contracting of indebtedness by cities. (d)_ Property owned, held or used by the Town shall be exempt from taxation so long as it is owned, held or used by the Town for authorized Town functions. C-35 • • CHAPTER XV IMPROVEMENT DISTRICTS Section 15.1 Power to Create Special or Local Improvement Districts. (a) The Town shall have the power to create Special or Local Improvement Districts within designated districts in the Town, to contract for, construct or install special or local improvements of every character within the said designated districts, to assess the cost thereof, wholly or in part upon the property benefited in such district, and to issue special or local improvement bonds therefor. (b) The Council shall, by ordinance, prescribe the method and manner of creating such improvment, of letting contracts therefor issuing and paying bonds for construction or installation of such improvements, including the costs incidental thereto, for assessing the costs thereof and for all things in relation to the authority herein created. (c) Except as otherwise provided by Charter or by ordinance, the Statutes of the State of Colorado shall govern the creation and organization of Special or Local Improvement Districts, the assessment of costs, the issuance of bonds therefor and all things in relation thereto. Section 15.2 Creation of Special or Local Improvement Districts. Special or Local Improvement Districts created pursuant to this Chapter may be so created by: (a) Ordinance; or (b) On a petition by the owners of more than fifty per cent (50%) of the area of the proposed district, provided that such majority shall include not less than fifty (50%) percent of the land owners in the proposed district subject in either event, to protest by the owners of the frontage area to be assessed. Right to protest and notice of public hearing shall be given as provided by Council by ordinance. All protests shall be considered but if the public welfare warrants, Council shall have final decision. Such improvements shall confer special benefits on the real property within the said districts and general benefits to the Town-at-large. The Council shall by ordinance prescribe the method and C-36 • • manner of making such improvements, of assessing the cost thereof, and issuing and paying bonds for costs and expenses of-constructing or installing such improvements. Section 15.3 Improvement District Bonds; Levy for General Benefit to Special Fund; Pledge of Credit. (a) In consideration of general benefits conferred on the Town at large from the construction or installation of improvements in Special or Local Improvement Districts, the Town Council may-contract by ordinance prior to the issuance of any bonds- of any Special or Local Improvement District; that the payment of such bonds, both as the princi- pal, interest and cost appertaining thereto become due, is additionally secured by'a Special Fund herein created, and pursuant thereto may levy annual taxes on all taxable prop- erty within the Town at a rate not-exceeding fifteen (15) mills,in any one (1) year, to be disbursed as determined by the Council; for the purpose of.paying for improvements, pursuant.to-Section 15.4, for the payment of any assessment levied against the Town itself in connection with said bonds issued for Special or Local Improvement Districts, for the purpose of advancing money to maintain current payments of interest and equal annual payments of the principal amount of-said bonds or for any prior redemption premium appertain- ing-to such-bonds.. - (b) The proceeds-of such taxes shall be placed in a Special Fund and shall be disbursed only for the purposes specified in this. Section, provided,'-however, that in lieu of such tax levies, the Council may annually transfer to such Special Fund any available money of the Town, but in no event shall the amount transferred in any one-year exceed the amount which would result-from a tax levied in such year as herein limited.' 1. As long as any bonds issued for Special or Local Improvement Districts hereafter organized, remain outstanding, the tax levy.or equivalent transfer_ of money to the Special Fund created for the payment of said bonds shall not be-dimin- ished in any succeeding year until all of said bonds and the interest thereon shall be paid in full, unless other available funds are on hand therefor, or such bonds and interest are-paid by the Town as provided in Section 15.4 of this Chapter. (c) After the bonds have been retired in full, any monies remaining in such Special Funds'shall be transferred as provided in.Section 15.4. C-37 • i (d) Bonds of any Special or Local Improvement District payable from special assessments, which payment may be additionally secured as provided in this Section, shall not be subject to any debt limitation nor affect the Town's debt incurring power, nor shall such bonds be required to be authorized at any election; and such bonds shall not be held to constitute a prohibited lending of credit or donation, not to contravene any constitutional, statutory or Charter limitation or restriction. Section 15.4 Surplus and Deficiency Fund - Payment of Bonds by Town. (a) Where all outstanding bonds of a Special or Local Improvement District have been paid and money remains to the credit of the district or in a Special Fund created pursuant to Section 15.3 for the said bond issue, it may be transferred, in whole or in part, by ordinance, to a Surplus and Deficiency Fund, and whenever there'is a deficiency in any Special or Local Improvement District fund to meet the payment of outstanding bonds and interest due thereon, the deficiency shall be paid out of the said fund; or in the alternative, Council, may by ordinance transfer all or part of any unencumbered balance from a Special or Local Improvement District Fund or a Special Fund created pursuant to Section 15.3 for the said bond issues to any other Town fund. (b) Whenever a Special or Local Improvement District has paid and cancelled three-fourths (3/4) of its bonds issued and for any reason the remaining assessments are not paid in time to redeem the final bonds of the district, the Town shall pay the bonds when due and reimburse itself by collecting the unpaid assessments due the district. Section 15.5 Review of Improvement District Proceedings. 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 this Chapter, or for any other relief against any acts or proceedings of the Town done or had under this Chapter, shall be maintained against the Town, unless com- menced within thirty (30) days after the performance of the act of the effective date of the resolution or ordinance complained of, or else be thereafter perpetually barred. C-38 CHAPTER XVI INTERGOVERNMENTAL RELATIONS Section 16.1 Regional Service Authorities. In the interest of governmental services provided on a regional or area-wide basis and the benefits realized by the Town of Avon from said services, the Council may by ordinance provide grant of municipal funds and services on a regional or area-wide basis, existing at the time this Charter becomes effective or thereafter created. The Council shall also have the authority to allow Town partici- pation in said service authorities in any manner it deems desirable. Section 16.2 Cooperative Intergovernmental Contracts. The Town Council by two-thirds (2/3) vote of the entire Council may enter into contracts or agreements with other governmental units of every kind and character for the joint use of buildings, equipment, or facilities, or for furnishing or receiving commodities or services of public benefit under such terms and conditions as shall be approved by Council. CHAPTER XVII UTILITIES AND FRANCHISES Section 17.1 General Powers. The Town shall have and exercise with regard to all utilities and franchises, all municipal powers, including without limitation, all powers now existing and which may be hereafter provided by the Constitution and statutes. The right of the Town to construct, lease, purchase, acquire, condemn or operate any public utility, work or way, is expressly reserved. Except as otherwise provided by Consti- tution, or this Charter, all powers concerning the granting, amending, revoking, or otherwise dealing in franchises, shall be exercised by the Council. Section 17.2 Water Rights. The Town shall have the authority to buy, sell, exchange, lease, own, control and otherwise deal in water rights. Section 17.3 Utility Rates. The Council shall, by ordinance, establish rates, rules C-39 and regulations and extension-policies for'services provided by Town owned utilities, both within and outside the corpo= rate limits of the Town. Section 17.4 Management of Municipal Utilities. All municipally owned or operated utilities shall be administered as a regular department of the Town. Section 17.5 Use of Public Places by Utilities. - Every public utility, whether it has a franchise or not, shall pay such part of the cost of improvement or maintenance of streets, alleys, bridges, and other public places as-shall arise from its use thereof and shall protect -and save the-Town-harmless from all damages arising from said"use. Every such public utility may be required by the Town to permit joint use of its property and appurte- nances located in.the-streets, alleys; or other public places of the Town by the Town and by other utilities insofar as such jgint use may be reasonably practicable. Section 17.6 Granting of Franchises. The Council shall establish by ordinance the terms, fees, compensation, conditions, and any other matters related to granting of franchises.-- Section 17.7 Transit Facilities. Council may require by or and by fair apportion- ment of the cost, any railroad or other- transportation system to elevate or lower any of its right-'of-way-,or tracks running over, under, along or across any public thor- oughfare; and-to construct and maintain all street crossings, bridges, viaducts and other conveniences in good condition .with proper approaches and safety devices., Section 17.8 Revocable Permits. The Council may grant a permit at any time for the temporary use of-occupation of any street, alley, or Town owned place, provided-such permit shall-be revocable by the Council at its pleasure, regardless of whether or not such right to revoke be expressly reserved in such permit. Section 17.9 Franchise Records. The Town shall cause to be kept, in the office of the -Town Clerk an indexed franchise record in which shall be transcribed copies of all franch'ise's "heretofore -and C-40 F__1 LJ hereafter granted. The index shall give.the name of the grantee and any assignees. The record, a complete history of all-such franchises, shall include a comprehensive and convenient reference to all actions at law affecting, the same, and copies of all annual reports and.such other matters of information and public interest as the Council may-from time to time require. CHAPTER XVIII GENERAL PROVISIONS Section 18.1 Eminent Domain. The Town shall have the right of eminent domain within or without,its-corporate limits as provided by the State Consitution and the-statutes. Section 18.2 Reservation of Power. The power to supercede any law of this-State now or hereafter in force, insofar as it applies to local or municipal affairs shall be.reserved to-the Town, acting by ordinance, subject only to restrictions of Article XX of the State Constitution. Section 18.3 Restrictions on Sale of Municipally-Owned Real Property. The Town shall-not sell or dispose of municipally- owned buildings or real property in use for public purposes without first obtaining the approval of a majority of the electors voting thereon. Section 18.4 Bequests, Gifts and Donations. Council, on behalf of the Town, may.receive or-refuse bequests, gifts and donations of all kinds of property in fee-simple or trust for public, charitable, or other-purposes, and do all things and acts necessary to-carry out the pur- pose of.such gifts, bequests,- and donations with power to manage-, sell, lease, or otherwise dispose of the same in accordance with.the terms of the gift, bequest or trust. Section 18.5 Severability of Charter Provisions. If any provision, section, article or clause of this Charter or the application thereof to any person or circum- stances shall be found to be invalid by a-court, such inva- lidity shall not affect any remaining portion or application of the Charter which can be given effect without-the invalid C-41 portion or application, provided such-remaining portions or applications are not determined by the court to-be in- operable, and to this end-this-Charter`-is declared to be severable. Section 18.6 Charter Amendments. This Charter may be amended at any time_in_,the manner provided by statute. Nothing herein contained shall be construed as preventing the submission to the people of more than one Charter amendment at any one election. If provi- sions of two or'more proposed amendments adopted or. approved at the,same election conflict, the amendment re- ceiving the highest affirmative vote shall become effective. Section 18.7 Interpretations. Except as otherwise_specifically.provided or indicated by the context hereof, all words used _in this Charter indi- cating the present tense shall not be limited'to_the time of the adoption of this Charter but shall extend to'and include the time of the happening of any event or require- ment for which provision is made herein. The singular number shall include the plural, the plural shall include the singular and the masculine gender shall extend to and include the feminine gender-and neuter, and the word "person" may extend and be applied to bodies politic and corporate and to partnerships as well as.to individuals. Section 18.8 Definitions. As used in this Charter, the following words and phrases shall have the -following meaning: (a) Appropriation. The authorized amount of monies set aside for expenditure during a specified time for a specific purpose." (b) Town. Town of Avon, Colorado, a municipal corpor- ation. (c) Council. The Town Council of.-the Town'of Avon. (d) Manager. The Town Manager of the Town of Avon, appointed pursuant to this Charter. (e) Franchise. An irrevocable privilege granted by the Town permitting a specified use of public property for- a specified length of time. (f) Employee. A person employed by the Town of Avon. C-42 • • (g) General Municipal Election. A municipal-election, held every two years at which candidates for elective offices of the-Town are voted upon in'accordance with this Charter. (h) Public Utility. Any person, firm or corporation- operating heat,'power or'light systems, communication systems, water, sewer or scheduled transportation systems, and serving or supplying the public under a franchise granted by the Town. (i) Officer and/or.Official. Any person elected to office'or appointed by Council, including appointees to boards and commissions. (j) Constitution.-The-Constitution of the State of Colorado. (k) Statutes. The applicable laws.of t_he State of Colorado as'-they now exist-or as they may be amended, changed, repealed or otherwise modified by legislative procedure. (1) Elector. A resident of the Town qualified-to vote under the Constitution and statutes of the State of Colorado. Section 18.9 Chapter and Section Headings. The chapter, section and subsection headings are in- serted for convenience and reference only and shall not be construed to limit, describe or control the scope or intent of any provisions-therein. CHAPTER XIX ORGANIZATION PROVISIONS Section 19.1 Effective Date of Charter. This Charter shall become effective immediately upon voter approval, except those provisions relating to the election of Council shall become effective at the first regular municipal election scheduled under this Charter to be held on the 1st Monday in May, 1980 and also excepting those provisions relating to finance and budget as provided in this Charter which shall become effective with the fiscal year beginning July 1, 1980. C-43 • Section 19.2 U Organization; First Election of Officers. Immediately upon voter approval of this Charter, the Election Commissioners appointed pursuant.to.an Order of the District Court in and for the County of Eagle, State of Colorado, in_Civil Action Number 3496, "In,:*the Matter Of the Proposed Incorporation Of The Town Of Avon, Colorado,' shall proceed'to the first election of officers and to completion-of incorporation of the..Town of.-Avon, pursuant to Part 1, of Article 2, Title 31, Colorado Revised Statutes, 1973, as amended. All members of the first Council of the Town of Avon shall serve until the first regular municipal election, at which time the provisions relating to the elec- tion of Councilmembers-shall become effective. At said - first regular.municipal election those three (3) members of the Council having received the three,lowest number of votes cast, respectively, in the first election of fnembers of the Council shall--be required to run..for-election. In the event of tie votes, the Town Clerk shall determine by lot the members who shall be required to run for election. Section 19.3 Financing and Budget. With respect to the first budget for the•Town of Avon; Colorado, upon its organization, Chapter'-12.- "Finance and Budget" of this Charter shall be modified as necessary to effectuate and implement the budget and related finance matters. Section 19.4 Compensation of Councilmembers. With respect-to compensation of-Councilmembers first elected as.Councilmembers of the Town of Avon,, said first members of said first Council may., by ordinance,'set their compensation not to exceed $25.00 per member for each official meeting attended; but in no event to'exceed $150.00 per month. With respect to the'Mayor, he-shall receive in addition to his compensation as a Councilmember, -the additional sum of $10.00 per meeting for each meeting attended; but in no event to exceed an additional.-sum of $60.00. C-44 • • CERTIFICATE OF FINAL ADOPTION We. the undersigned, present members of the.-Town of Avon Charter Commission, duly elected by the people of Avon, Colorado, at.a special election held on April 18, 1978, or.duly appointed according to law, under authoriza- tion of Article XX, Constitution of the State of Colorado, to frame ,a Home Rule Charter for the Town of Avon, do hereby certify that the foregoing is the proposed Charter as finally approved and adopted by-the,members of the Commission on the"4th day of May, 19.78,-for submission to the people of Avon at a special election to'be held on June 13, 1978. Executed at Avon, Colorado, this 5th day of May, 1978. Angelo V. Alpi Chairman Leslie Allen, Secretary Garth-Henley Ron Allred, Richard Casserley _ Daniel" Doyle David Gaines Aleta Nottingham David Richards C-45 STATE OF COLOARDO )ss COUNTY OF EAGLE ) Subscribed and sworn to before me this 5th day of May, 1978. My Commission expires Nov. 4, 1978. Witness may hand and official seal. (S E A L) Notary Public I hereby certify that the foregoing-document is the Charter adopted by a majority of the voters at an election of the Town of Avon, Colorado, held Tuesday, June 13, 1978. By: Angelo V. Alpi, Chairman Town of'Avon Election Commission C-46 "ffg RWEN MTM)Y FOREST vicinity yip WW'' ~ ~ y 1 • ~~t yt ,l ~ ` tel.%f i ^ F`ta r+ ` ~ ,t~ , + r = fir' - ~ PO/ j ~f + t yw-.•~ 1 ~~;,,')<'F~t_' chi, • tl J ` t % ; 1r % t ~ ,Ji •~l ~ Y iC ~ t ' f -y ^ ~ t i • f/ i ~ ~ ~ Y l ~j ~J! % f 1 f 1 l. F/ / l 7~ _ l S . OCR 'I1/E, i Y. LEGAL DESCRIPTION A parcel of land located in the NE1/4 SE1/4 and the SE1/4 NE1/4, Section 2, Township 5 South, Range 82 West of the 6th P. M., Town of Avon, Eagle County, Colorado being more particularly described as follows: Beginning at a brass cap-monument marking the SW corner SEI/4 NE1/4 of said Section 2, said point also lying on the easterly right-of-way line of Metcalf Road as shown in the Official" Plat, Town of Avon, Eagle County, Colorado and Final Subdivision Plat, Amendment No. 4., Benchmark at Beaver Creek; thence along the west line of the SE1/4 NE1/4, of said Section 2 N 00° 55' 12" W 500.00 feet; thence departing said west line N 89° 04' 48" E 400.00 feet; thence S 00° 39' 06" E 755.70 feet; thence S 89° 53' 54" W.400.00 feet to a point on the west line of the NE1/4 SE1/4 of said Section 2, said point also lying on the easterly right-of-way line of Metcalf Road, thence along the west line of the NE1/4 SE1/4 of said Section 2 N 00° 07' 06" W 250.00 feet to the point of beginning, containing 300,254 square feet or 6.892 acres, more or less. • WESTERN LAND EXCHANGE COMPANY 1884 GAYLORD STREET DENVER, COLORADO 80206 (303) 394-4000 1 May 26, 1988 Mr. Larry Brooks Town of Avon Box 975 Avon, CO 81620 Dear Larry: We have no objection to the Town of Avon requesting a Special Use Permit from the Forest Service for a public works site accessed off of Metcalf Creek Road. The proposed public works site is on land presently under consideration for an exchange out of Federal ownership. Western Land Exchange Company is the proponent in that exchange. ncer y o a .H. G ss TG/sb (052688fa.dw) R-np,wed Town of Avon MAY 2 7 1988 0 M E M 0 4 TO: Bill James, Town Manager FROM: Larry Brooks, Director of Public Works, Parks & Recreation ✓ DATE: June 7, 1988 RE: Special Use Permit/Public Works Site Attached please find the Forest Service application package regarding the Special Use Permit for a Public Works site. The completed packet, which will be submitted on June 16, in Glenwood Springs, requires adoption of Resolution 88-13 as an integral part of the application. We therefore request adoption of Resolution 88-13 at the June 14, 1988, Council meeting. LB/mml 0 M E M O TO: J Bill James, Town Manager FROM: Norm Wood, Town Engineer DATE: July 8, 1988 E RE: Resolution No. 88-14, Series of 1988 Final Plat and Resubdivision, Lots B and C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado Guaranty Federal Savings and Loan has submitted a Final Subdivision Plat for the Resubdivision of Lots B and C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4. The plat establishes a new lot line between Lot B and Lot C. This plat provides for the continued use of Lot B as parking for Lot A and for the continued use of a portion of Lot C as drainage facilities for Lots A, B and C. The plat has been reviewed by Town Staff and was found to be in general conformance with Town of Avon Subdivision Regulations for a minor subdivision. Resolution 88-14 approves the Final Plat and Resubdivsion of Lots B and C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado, subject to: 1. Review and approval of plat for conformance with Town Regulations by the Town Attorney. RECOMMENDED ACTION: 1. Adopt Resolution 88-14 NW/cp E Town of Avon P. O. Box 975, Avon, CO 81620 (303) 9494280 July 14, 1988 Mr. James Lindsey Ralph Edgar Consultants 1020 North East-410 Suite 830 San Antonio, TX 78209 Re: Resubdivision of Lots B anc C of Avon Center at Beaver Creek Dear Mr. Lindsey: At its regular meeting of July 12, 1988, the Avon Town Council tabled Resolution No. 88-14, Series of 1988, a resolution approving final plat and resubdivision of Lots B and C of Avon Center, so that the Council could receive more information on this request. The Town Council has requested your presence at the July 26, 1988 Council meeting. The meeting begins at 7:30 p.m. in the Town Council Chambers. If you have any questions please do not hesitate to contact the Town Offices. n rely, Patricia yl ?Town Clerk. cc: Town Council Norm Wood File