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TC Res. No. 1990-31RESOLUTION NO. 90- 31 A RESOLUTION CONCERNING THE LOCAL BUROVEMENT DISTRICT KNOWN AND IDENTIFIED AS THE . "TOWN - OF AVON, COLORADO, LOCAL P"ROVEM ENT DISTRICT NO. 1990-1," RATIFYING ACTION HERETOFORE TAKEN; CONFIRMING THE ASSESSMENT ROLL AS MODIFIED, IF MODIFIED; PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the Town of Avon (the "Town"), in the County of Eagle, and State of Colorado, is a municipal corporation duly organized and existing under Article XX of the Constitution of the State of Colorado; and WHEREAS, the Town's Charter (the "Charter") was duly adopted 'at a special election held in the Town on June 13, 1978; and WHEREAS, pursuant to Chapter XV the Charter of the Town and Chapter 12.08 of the Avon Municipal Code (the "Code") as amended by Ordinance No. 90-4 adopted June 1, 1990, the Town Council (the "Council") is authorized to create local improvement districts to finance the cost of constructing local improvements; and WHEREAS, by Resolution No. 90-17, adopted on June 12, 1990, the Council prescribed the extent of the proposed Local Improvement District No. 1990-1 (the "District") to be assessed, the kind of utility line improvements proposed, the number of installments and the time in which the cost of the improvements will be payable, the-probable cost, the amount or proportion of the total cost to be paid by other than special assessments, the methods of levying assessments, and the approximate amount or share of the portion of the total estimate to be assessed against property specially benefited by the acquisition of the, proposed utility line improvements in the District; and WHEREAS, by Ordinance No. 90-6, adopted on July 10, 1990, the Council created and established the District for the purpose of making certain local improvements and to assess substantially all of the cost thereof against the property benefited thereby- (the "Utility Line Project"); and WHEREAS, by Resolution No. 90-26, adopted on July 24, 1990, the Council determined the cost of the Utility Line Project and directed the Engineer to prepare the assessment roll; and WHEREAS, on July 24, 1990 the engineer reported the assessment roll to the Council; and WHEREAS, by Resolution No. 90-27, adopted on July 24, 1990 and Resolution No. 90-29, adopted on August 28, 1990, the Council has accepted the assessment roll and scheduled hearings on the assessment roll for August 14, 1990 and September 11, 1990; and WHEREAS, upon due notice as required by the Avon Municipal Code, hearings on the assessment roll were duly held on August 14, 1990 and September 11, 1990. -1- i t NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. . All actions (not inconsistent with the provisions of this resolution) heretofore taken by the officers 'of the Town directed toward the Utility Line Project and the creation of the District is hereby ratified, approved and confirmed. Section 2. The Council hereby confirms the assessment roll filed with the Council on July 24, 1990 as modified, if modified. Section 3. Pursuant to Section 15.5 of the Town Charter, no action or proceeding, at law or in equity, to review any acts or proceedings or to question the validity or enjoin the performance of the issue or collection of bonds, or the levy or collection of assessments or for any other relief against any acts or proceedings done or had pursuant to the Town Charter relating to the District, shall be maintained unless commenced within thirty (30) days after the performance of the act or the effective date of the resolution or ordinance complained of, or else be thereafter perpetually barred. Section 4. The officers of the Town be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. Section 5. 'All orders, bylaws, resolutions, ordinances, or parts thereof, in conflict with this Resolution are hereby repealed. This repealer shall not be construed to revive any order, bylaw, resolution, or ordinance, or part thereof heretofore repealed. Section 6. If any section, paragraph, clause, or other provision of . this Resolution is for any reason held to be in invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or other provision shall not affect the validity of the remaining provisions of this Resolution. Section ' 7. This Resolution, immediately upon its final passage and adoption shall be recorded in the book of resolutions kept for that purpose and authenticated by the signatures of the Mayor and the Clerk. INTRODUCED, " READ BY TITLE, PASSED AND ADOPTED ON THIS SEPTEMBER 11, 1990. Mayor (SEAL) Att.-et- -2-