TC Res. No. 1992-03RESOLUTION NO. 92-3
A RESOLUTION DIRECTING THE TOWN ENGINEER TO PREPARE
AND FILE WIM THE TOWN CLERK CERTAIN DOCUMENTS IN
CONNECTION WITH A PROPOSED IMPROVEMENT DISTRICT FOR
THE ACQUISITION OF CERTAIN LOCAL IMPROVEMENTS IN TOWN
AND PROVIDING THE EFFECTIVE DATE HEREOF.
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 of the Charter and Chapter 12.08 of the
Avon Municipal Code (the "Code"), the Town Council (the "Council") is authorized to create
local improvement districts to finance the cost of constructing local improvements; and
WHEREAS, the Council desires to acquire certain local improvements as
hereinafter described through the creation of a local improvement district.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, IN THE STATE OF COLORADO:
Section 1. All action, proceedings, matters, and things heretofore taken, had,
and done by the Town and the officers thereof (not inconsistent with the provisions of this
resolution) concerning the proposed district, be, and the same hereby is, ratified, approved
and cdnfirmed.
Section 2. The Council hereby determines to initiate the creation of a local
improvement district to be known as Town of Avon, Colorado, Local Improvement District
No. 1992-1 (the "District") pursuant to the Code for the acquisition. 'of certain local
improvements hereinafter' described. The Town Engineer (the "Engineer"), is hereby directed
to prepare, and file with the Town Clerk preliminary plans showing a typical section of the
contemplated improvements, and the type or types of material, approximate thickness and
wideness, and a preliminary estimate of the total cost, including all incidental costs, and a
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preliminary estimate of the portion of the total cost to be assessed for the acquisition and
construction of the project (the "Project"), which is more particularly described as follows:
A. Improvements to Avon Road and Beaver Creek Blvd. in accordance with
adopted Transportation Plan of the Town to relieve congestion and
improve traffic flow. These improvements generally consist of
1. Widen Beaver Creek Blvd. to five (5) lanes from Beaver Creek
Place to a point approximately 500 feet,west of the Avon Road
intersection;
2. Addition or right turn lane, to north-bound Avon Road - from
Beaver Creek Blvd. to I-70;
3. Construction of pedestrian walkways along Beaver Creek Blvd.
widening, and along westerly side of Avon Road from Beaver
Creek Blvd. to I-70;
B. Landscape Avon Road from Highway 6 to I-70 in accordance with
adopted Urban Design and Streetscape Plan. These improvements
generally consist of:
1. Installation of decorative pedestrian lighting, irrigation system,
plant materials, fixtures, art work, and other related facilities;
2. Expansion and improvement of pedestrian areas , of Avon
Road/Beaver Creek Blvd. intersection and Avon Road/Benchmark
Road intersection;
3. Reconstruction of entry sign located north and east of Avon
Road/I-70 interchange.
C. The Project shall include all grading, paving, curb, gutter, storm, drainage,
utility modifications and other related work as necessary for a complete
project.
The Engineer is hereby directed to estimate the cost of each type of
construction in a lump sum or by .unit prices, as such Engineer may seem most desirable for
the construction or installation of the Project complete in place... Such . preliminary estimate
of costs shall also include, without limiting the generality of the foregoing, the advertising,
appraising, engineering, legal, interest on interim warrants, discount on any bonds, printing
and such other ekpenses as in the ,judgment of such Engineer is necessary or essential to the
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completion of such work or improvement attributable to the costs in the improvement district
and the payment of the cost thereof.
Section 3. The Engineer is hereby directed to prepare and file with the
Town Clerk an assessment plat, showing the area to be assessed, and a preliminary assessment
roll showing a description of each lot, tract or parcel of land, the name and address of each
owner, and the amount of estimated maximum benefits to be assessed against each lot, tract
or parcel of land. Assessments are to be levied on each lot, tract, or parcel of land on the
basis of the average number of vehicle trips per day which the Town estimates will be
generated -by the current use of the property or, in the case of undeveloped property, the
expected use of such property based upon current zoning; provided, however, that an..
equitable adjustment will be made for any lot, tract or parcel not specially benefited by the
Project so that assessments according to benefits are to be equal and uniform.
1,155,024 Section 4. The Council hereby determines that a portion (estimated to be
) of the entire cost of the Project is of special benefit and shall be paid by
special assessments: a ainst the lots, tracts and parcels of land benefited and 'that a portion
$59,000
(estimated to be $50&,O 8) is of general benefit and will be defrayed by the Town from other
monies. The Project is' to be constructed by the Town which will design and administer the
Project and will advertise for and award the construction contracts.
Section 5. The boundaries of the District shall be each lot, tract or parcel
of land described below:
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EXHIBIT A
Lot 1, Wildwood Resort, a Resubdivison of Lots 5, 52A, and 52B,
Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon,
Eagle County, Colorado;
Lots 1, 2, 3, 4 and 67/68, Block 1, Benchmark at Beaver Creek,
Town of Avon, Eagle County, Colorado;
Lots 21, 22, 24, 46, 55, 56, 61, 63, 67, 68, 69, 70, 71, 73/74,
Block 2 and Tract Q, Benchmark at Beaver Creek, Town of Avon,
Eagle County, Colorado;
Buck Creek Plaza, Lot 72, Block 2,-Benchmark at Beaver Creek, Town
of Avon, Eagle County, Colorado;
Lot 65-B, The Annex At Avon, Town of Avon, Eagle County, Colorado;
Lot 1, Block 1, The Lodge at Avon Subdivision, Town of Avon, Eagle
County, Colorado;
Avon Center at Beaver Creek - I, Lot A -Avon Center at Beaver
Creek and Lots B and C, Avon Center at Beaver Creek, Benchmark at
Beaver Creek, Amendment No. 4, Town of Avon, Eagle County,.
Colorado;
The Falcon Pointe Condominium, Lot 45 and a part of Lot 46, Block
2, Benchmark at Beaver Creek, Town of Avon, Eagle County,
Colorado;
Avon Lake Villas Condominiums Filing No. 1, A Replat and
Resubdivision of Lots 43 and 44, Block 2, Benchmark at Beaver
Creek, Town of Avon, Eagle County, Colorado;
Avon Lake Villas Condominiums Filing No. 4, Lot 42, Block 2,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado;
Avon Lake Villas Condominiums Filing No. 2,- Lot 41, Block 2,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado;,
Su.nroad Subdivision, A Replat of Lots 29,30, 31 and 32, Block 2,
Benchmark at Beaver Creek Subdivision, Amendment No. 4, Town of
Avon, Eagle County, Colorado;
The Christie Lodge at Avon, A Resubdivision of Lots 25, 26,.27, 28
and 35, Block 2, Official Plat, Town of Avon, Eagle County,
Colorado - Amendment No. 4, Benchmark at Beaver Creek; ,
Tract B, Community Shopping Center, Town of Avon, Eagle County,
Colorado, Resubdivision of Lots 23 and 75, Benchmark at Beaver
Creek Subdivision, Amendment No. 6, County of Eagle, State of
Colorado;
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EXHIBIT A
(Cont)
Benchmark Plaza Office and Retail Condominiums, Lot 20, Block 2,
Official Plat - Town of Avon, Eagle County, Colorado and Final
Subdivision Plat - Amendment No. 4, Benchmark at Beaver Creek,
Eagle County, Colorado;
Lot 1, Nottingham Station, Town of Avon, Eagle County, Colorado;
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Section 6. IThe 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 7. All resolutions or parts thereof in conflict with this resolution are
hereby repealed This repealer, shall not be construed to revive any order, bylaw, or
resolution, or part thereof, heretofore repealed.
Section 8. If any section, paragraph, clause, or other provision of this
resolution is for any reason held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause, or, other provision shall not affect, the
validity of the remaining, provisions of .this resolution.
Section 9. This resolution, immediately on its final passage and adoption,
shall be recorded in the book of resolutions kept for that purpose and authenticated by the
signatures of the Mayor and Clerk.
INTRODUCED, READ BY TITLE, PASSED, AND ADOPTED ON THIS
January 28, 1992.
(SEAL)
n u). - [L~=~
Mayor
Attest:
Town erk
Councilmember Hines then moved that the resolution be passed
and adopted as read. Councilmember Bic Rory seconded the motion. The question
being upon the passing and adopting of the resolution, the roll was called with the following
result:
Those Voting Yes: Jerry Davis (mayor, non-voting)
Albert Buzz Reynolds, Jr.
Mike Bennett (resigned)
Charlie Gersbach
John Hazard
Tom Hines
Gloria McRory
Those Voting No:
none
nose Absent: none
The presiding officer thereupon declared that at least 5 of all the
members of the Town Council present having voted in favor thereoL the motion was carried
and the resolution duly passed and adopted.
On motion duly adopted, it was ordered that the resolution be numbered, and
after its authentication with the signatures of the Mayor and Town Clerk be recorded
according to law in the record of resolutions.
Thereupon, the Town Council considered other business and took other action
not concerning the Local Improvement District.
There being no further business to come before the Town Council, on motion
duly made, seconded and unanimously carried, the meeting was adjourned.
Mayor
Town of Avon, Colorado
(SEAL)
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Attest:
Town Peik
Town of Avo Colorado
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
I, Patty Neyhart, Town Clerk of the Town of Avon (the "Town"), in the-'
County of Eagle, and State of Colorado, do hereby certify:
1. A written or printed copy of Resolution No. 9 2 - 3 , was furnished to
each Councilmember on or before January 28, 1992, prior to the introduction of such
resolution at the regular meeting of the Town Council (herein the "Council")- held on
Tuesday, January 28, 1992, notice of which meeting was duly given to each Councilmember.
2. The foregoing pages numbered 1 through 8, excerpts from the minutes
of a meeting of the Council held on January 28, 1992, constitute a true, correct, complete,
and compared copy of the proceedings of the Council so far as such minutes relate to the
introduction and adoption of both resolutions. The resolution is' a true, correct, complete,
and compared copy of the. original proposed, introduced, and passed at such meeting (subject
to.the - numbering, execution, and other completion of the resolution after its passage and
relating thereto).
3. The .Mayor and 6 members of the Town Council were present at
the meeting, the members of the Town Council voted on the passage of each of the
resolutions, as in such minutes -set forth, and the resolution was filed in the record of
resolutions of the Town.
4. Attached hereto as Exhibit A is a true and correct copy of the notice
of the meeting which was posted at the Town Hall, in the Town no less than twenty-four
hours prior to the meeting.
IN VMNESS 'WHEREOF, I have hereunto set my hand and affixed the seal
of the Town this 3 0 th day of ' January . 1992.
Town erk
(SEAL)
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(Exhibit A)
(Attach Copy of Posted Agenda)
TOWN OF AVON
REGULAR MEETING AGENDA
JANUARY 28, 1992 - 7:30 P.M.
1. Call to order roll call
2. citizen input
a..) Channel #23
(Steve Miller)
b.) Avon Arts Trust
3. ordinances
a.) Second Reading, Ordinance No. 92-1, Series of 1992, AN
ORDINANCE ADDING A NEW CHAPTER 2.32 OF THE MUNICIPAL CODE OF
THE TOWN OF AVON, RELATING TO GUIDELINES FOR DETERMININ_G_
RESIDENCY QUALIFICATIONS OF COUNCIL'MEMBERS (John Dunn)
PUBLIC BEARING
4. Resolutions
a.) Resolution No. 92-4, Series of 1992, A'RESOLUTION TO AMEND
THE 1992 TOWN OF AVON BUDGET (Bill James)
b.) Resolution No. 92-3,'Series of'1992, A'RESOLUTION DIRECTING
THE TOWN ENGINEER TO PREPARE AND FILE WITH THE TOWN CLERK
CERTAIN DOCUMENTS IN CONNECTION WITH A PROPOSED IMPROVEMENT
DISTRICT FOR THE ACQUISITION OF CERTAIN LOCAL IMPROVEMENTS IN
TOWN AND PROVIDING THE EFFECTIVE DATE HEREOF. (Bill James)
c.) Resolution No. 92-2, Series of 19920, A RESOLUTION APPROVING
FINAL PLAT OF WILDWOOD TOWNHOMES SOUTH, A RES_UBDIVISION OF
LOT 11, BLOCK 5, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO (Rick Pylman)
5. Unfinished Business
a.) Separated Grade.Crossing/West Beaver Creek Blvd. (Norm Wood)
6. New Business
a.) 3-Way Stop/Westbound Ramps I-70 & Nottingham Rd. (Norm Wood)
7. Town Attorney Report
8. Mayor Report
9. Other Business
10. Financial Hatters
11. Approval of Council Meeting Minutes
a.) Approval of the January 14, 1992 Council Meeting Minutes
12. Adjournment
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