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TC Res. No. 1992-08RESOLUTION NO. 92-8 A RESOLUTION CONCERNING A PROPOSED LOCAL IMPROVEMENT DISTRICT TO BE ' KNOWN AND IDENTIFIED AS 'TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1992-1"; DETERMINING THE. DESIGNATION OF THE DISTRICT; STATING THE NATURE AND LOCATION OF THE PROJECT TO BE MADE; PRESCRIBING THE DISTRICT TO BE ASSESSED; APPROVING AND ADOPTING THEREFOR THE PRELIMINARY PLANS, THE PRELIMINARY ESTIMATE OF THE TOTAL COST, THE ASSESSMENT. PLAT AND MAP, AND PRELIMINARY ASSESSMENT ROLL, OF THE DISTRICT, PRESCRIBING A NUMBER OF DETAILS CONCERNING THE - DISTRICT, THE PROJECT THEREIN, AND THE ASSESSMENTS TO BE LEVIED THEREFOR; PROVISIONALLY ORDERING THAT SUCH IMPROVEMENTS BE MADE; FIXING THE TIME AND PLACE FOR THE HEARING ON THE IMPROVEMENTS; AND PRESCRIBING NOTICE OF THE HEARING. 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 provide for the acquisition of certain street improvements, sidewalk improvements, and park or mall- improvements as authorized by the Code and to create a local improvement district to acquire such improvements; and -2- WHEREAS, pursuant to Section 1208.070 of the Code and Resolution No. 92-3, the Town Engineer has filed with the Town Clerk a preliminary. assessment plat and map and a preliminaryassessment roll and preliminary plans and preliminary estimates of cost concerning the improvements;, and WHEREAS, the Council of the Town has examined such preliminary plans, estimate of costs, assessment plat and map, and preliminary assessment roll, and other instruments, and has found, and does hereby declare, the same to be satisfactory. in all respects; and WHEREAS, the Council has determined, and does hereby also declare, that the notice for a hearing which is provided herein is reasonably calculated. to inform each interested person of the proceedings concerning the District which may directly and adversely affect his or her legally protected rights and interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. All action (not inconsistent with the provisions of this resolution) heretofore taken by the officers of the Town directed toward the Project, herein described, and the creation of the District, is hereby ratified, approved, and confirmed. Section 2. It is hereby declared that the Project herein described will serve a public use and will promote the health, safety, and general welfare of the citizens, inhabitants and property owners in said proposed District to be formed therefor, and in said Town. Section 3. The preliminary plans, the estimate of the. total cost, the assessment plat and map, and the preliminary assessment roll, of the District, as heretofore -3- filed with the Clerk and,presented to the Council on this February 11, 1992, are hereby accepted, approved, - and adopted. Section 4. The extent of the, District to be assessed, -the kind of improvements proposed, the number of installments and the time in which the cost of the improvements will be payable, the total estimated cost, the estimated proportion of the total estimated cost of the improvements to be assessed against the property specially benefited thereby and the estimated proportion to be paid by Town funds other than special assessments, and the method of levying assessments, shall be as provided in the form of notice hereinafter prescribed and in said preliminary plans, said estimate of total cost, said assessment plat and map, and in the 'assessment roll. Section 5. The Project is hereby provisionally ordered to be made when the same have been authorized by ordinance. Pursuant to Section 12.08.140 of the Code the Town shall construct the Project by independent contracts to be let ' by competitive bid. Section 6. ' Tuesday, February 25, 1992 at the hour of 7:30 pan, at the Council Chambers in the Avon Town Hall, Avon, Colorado, is hereby fixed as the time and place for a hearing (to be held at least 10 days after the . adoption of this resolution) at which the owners of the tracts to be assessed or any other person interested herein may appear before the Council and be heard as to the propriety and advisability of acquiring the Project. Section 7. After the adoption of this resolution, the Clerk shall -by published advertisement once not less than 8 days prior to the hearing, in the Vail Trail, a newspaper of general circulation in the Town of Avon and by mailing notice, postage prepaid, as first- class mail, at least 10 days prior to such hearing, to the last known address of each last known owner or owners of each tract within the proposed District whose property will be assessed for the cost of the Project proposed, such addresses and names of owners being obtained from the 'real property assessment rolls for general (ad valorem) taxes of the county -4- wherein such property is located, or from such other source or sources as the Town Engineer or Clerk- or Deputy giving such notice deems reliable, give notice to the owners of tracts within the District "and to all persons interested generally, as required by Section 12.08.070 of the Code. The notice shall be in substantially the following form: -5- - (Form of Notice) NOTICE OF A PROPOSAL TO CREATE A LOCAL IMPROVEMENT DISTRICT 'DESIGNATED "TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1992-1," TO CONSTRUCT CERTAIN STREET, SIDEWALK AND PARK OR MALL IMPROVEMENTS THEREIN, AND TO LEVY SPECIAL ASSESSMENTS THEREFOR, AND OF A HEARING TIMREON. NOTICE IS HEREBY GIVEN to the owners of property within the proposed Town of Avon, Colorado, Local Improvement District No. 1992-1 (herein the 'T-own," the "State," and the "District"), and to all interested persons that: The Town Council of the Town of Avon, pursuant to, its Charter, Chapter 12.08 of the Avon Municipal Code (the "Code"), as amended, and a resolution adopted February 11, 1992, has provisionally ordered the acquisition of the following improvements (the "Project") in the District, which are 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 of 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: -6- 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 details of the Project are more particularly shown on the preliminary plans now on file in the office of the Town Clerk. Reference is made to the preliminary plans for construction details. Pursuant to Section 12.08.080 of the Code, the Town Council has determined to combine the improvements in one improvement district.. If after the Council has considered the ordering of the Project and has heard all complaints and objections thereto, the Council shall decide to proceed with the Project, the Council shall authorize the Project by ordinance. The Council has fixed Tuesday, February 25, 1992, at 7:30 p.m., at the Town Council Chambers at the Town Hall, Avon, Colorado, as the time and place upon which a hearing shall be had, at which the owners of the tracts to be assessed or any other person interested therein may appear before the Council and be~ heard as to the propriety* and advisability of acquiring the Project. Written complaints, protests or objections concerning the District or the proposed Project may be filed with the Town Clerk at'least one day prior to the hearing or may be made verbally at the hearing concerning the same by -the owner of any tract to be assessed, or by any person interested. The boundaries of the District shall be each lot, tract or parcel of land described below- -7- Lot 1, Wiildwood Resort, a Resubdivision 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; Sunroad Subdivision, A Replat of Lots 29, 30, 31 and 34 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; -8- 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; The preliminary estimated total cost of the Project and the amount to be assessed is as follows: Estimated Amount of Amount Available Total Cost Special Assessments From Other Sources $2,052,524 $1,155,024 $897,500 The Town Council has determined that the assessments within the Project shall be levied against all the, tracts described above, being the property specially benefitted by the improvements, and such assessments shall be apportioned 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; such number of vehicle trips being based upon the Institute of Transportation Engineers Informational Report, Trip Generator (3rd Edition, 1982). Any estimate of cost or assessments herein shall neither constitute a limitation upon such cost or assessments, respectively, nor a limitation upon the rights and powers of the Council or of any officers, agents, or employees of the Town. All assessments made in connection with said District shall be due and payable without demand within thirty (30) days after final publication of the assessment ordinance. All such assessments may, at the election of the owner, be paid in installments with interest in case of such election to pay in installments, the assessment shall be payable in fifteen (15) substantially equal annual installments of principal, with interest in all cases on the unpaid principal payable annually at a rate to be hereafter determined by the Town Council. -9- No substantial change in the District, details, preliminary plans, or estimates shall be made after the first publication or mailing of notice to property owners, whichever occurs first, except for the reduction in any estimate and except for any deletion of a portion of the Project and property from the proposed. District. The Engineer, however, shall have the right to make minor changes in time, plans, and materials. entering into the work at any time before its completion. Nothing herein shall be construed to limit the amount finally assessed as herein provided. At the above-stated time fixed for the hearing any and all property owners interested in such Project may, by specific and written complaints, protests, or objections present their views in respect, to the proposed Project to the Council or .they may present them orally and the Council may adjourn the hearing from time to time. After such hearing, if the Council shall determine-that it is not for the public interest that the proposed Project, or a part thereof, be made, the, Council shall make an order by resolution to that effect and thereupon the proceedings for the Project service facilities, "or the part thereof determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution. If after such hearing the Council has determined to proceed with said District, as modified, the Council by resolution shall direct the Engineer to prepare and present to the Council: 1. A revised and detailed estimate of the total cost, which revised estimate shall not constitute a limitation for any purpose. 2. Revised preliminary plans; and 3. A revised assessment plat and map showing the location of each improvement and the real property to be assessed and a revised assessment roll. -10- All proceedings may be modified or rescinded wholly or in part by resolution adopted by the Council at any time prior to the final passage of the ordinance authorizing the Project. Any complaint, protest, or objection to the regularity, validity and correctness of the proceedings and instruments taken, adopted, or made prior to the date of the hearing shall be deemed waived unless presented in writing on specific grounds at the time and in the manner herein specified. Pursuant to section 15.5 of the Charter, no action or proceeding, at law or in equity, to review any acts or. proceedings, or to question the validity of, or enjoin the performance of the issue or collection of any bonds, or the levy or collection of any assessments authorized by the Code, or for any other relief against any act or proceedings of the Town done or had under the Code, shall be maintained against the Town, 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. The preliminary plans, the assessment plat and map (including the preliminary assessment roll), the preliminary estimate of the total cost, the description of the tracts to be assessed, the amount of assessments estimated to be assessed on each such tract, and all proceedings in the premises are on file and can be seen and examined at said ' office of the Town Clerk during business hours, at any time, by any person so interested. By order of the Town Council of the Town of Avon, Colorado. Dated at Avon, Colorado this 'February 11, 1992. wn Cie (End of Form of Notice) -11- Section 8. The failure to mail out such notice shall not invalidate any proceedings hereunder and such notice by publication shall be verified by the affidavit of the publisher and filed with the Town Clerk.. Proof of publication and proof of mailing shall be maintained in the records of the Town until the assessments pertaining thereto shall have been paid in full, principal, interest, any penalties, and collection costs. Section 9. 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 10. 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 11. 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 12. 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 February 11, 1992. (SEAL) ~2 U" 'a" yor test: VT~ 1 own Cl k -12- Councilmember _ x i ne s then moved that the resolution be passed and adopted as read. Councilmember Reynolds-,, 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. Charlie Gersbach John Hazard Tom Hines Celeste C. Nottingham Derek Pysher Those Voting No: none Those Absent: none The presiding officer thereupon declared that at least 6 of all the members of the Town Council present having voted in favor thereof the motion was carried and the resolution duly passed and adopted. On motion duly adopted, it was ordered that the resolution be numbered 92-8 , 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. -13- There being no further.- business to come before the Town Council; on motion- duly made, seconded and unanimously carried, the meeting was adjourned. 01A, . Mayor T wn of Avon, Colorado (SEAL) Attest: T~vn Clerk Town of Avon, Colorado -14- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) L 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. 92-8, was furnished to each Councilmember on or before February 11, 1992, prior to the introduction of such resolution at the regular meeting of the Town Council (herein the "Council") held on Tuesday, February 11, 1992, notice of which meeting was duly given to each Councilmember. 2. The foregoing pages number 1 'through 14, excerpts from the minutes of a meeting of the Council held on February 11, 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 recorded according to law 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. -15- IN VMNFSS WHEREOF, I have hereunto set my hand and affixed the seal of the Town this llthday of Feb. 1992, T a rk (SEAT.) -16- Exhibit A TOWN OF AVON -REGULAR MEETING AGENDA FEBRUARY 11,-- 1992 7:30 P.M. 1. Call to order Rol1.Call a.) Appointment of New Councilmembers/Sworn in by Judge Allen 2. Citizen Input a.) Funding for Jimmie Heuga (Mr. Fletcher McNeil) ID.) Bungee Jumping 3. 'Ordinances 4. Resolutions a.)"Resolution No. 92-5, Series of 1992, A RESOLUTION ADOPTING THE RECREATION MASTER PLAN FOR THE TOWN OF AVON PUBLIC HEARING b.) Resolution No. 92-8, Series of 1992, A RESOLUTION CONCERNING A PROPOSED LOCAL IMPROVEMENT DISTRICT TO BE KNOWN AND IDENTIFIED AS "TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1992-111; DETERMINING THE DESIGNATION OF THE DISTRICT; STATING THE NATURE AND LOCATION OF THE PROJECT TO BE MADE; PRESCRIBING THE DISTRICT TO BE ASSESSED;.,APPROVING AND ADOPTING THEREFOR THE PRELIMINARY PLANS, THE PRELIMINARY ESTIMATE OF THE TOTAL COST, THE ASSESSMENT PLAT AND MAP, AND PRELIMINARY ASSESSMENT ROLL, OF THE DISTRICT; PRESCRIBING A NUMBER OF DETAILS CONCERNING THE DISTRICT, THE.PROJECT THEREIN, AND THE ASSESSMENTS TO BE LEVIED THEREFOR; PROVISIONALLY ORDERING THAT SUCH IMPROVEMENTS BE MADE; FIXING THE TIME AND PLACE FOR THE HEARING ON THE IMPROVEMENTS; AND PRESCRIBING NOTICE OF THE HEARING. c.) Resolution No. 92-6, Series of 1992, A RESOLUTION EXPRESSING APPRECIATION OF MIKE BENNETT d.) Resolution No. 92-7, Series of 1992,.A RESOLUTION EXPRESSING APPRECIATION OF GLORIA MCRORY e.) Resolution No. 92-9, Series of 1992, A RESOLUTION APPROVING THE FINAL PLAT OF MOUNTAIN VIEW TOWNHOMES, A RESUBDIVISION OF LOT 83, BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO (Rick Pylman) 5. Unfinished Business a.) Special Events Task Force Representative Appointment 6. New Business, a:) Vacancies on Planning and Zoning Commission b.) Hours of Construction Regulations (Rick Pylman) 7. Town Attorney Report 8. Mayor Report a.) Colorado Association of Ski Towns 9. Other Business 10. Financial batters 11. Approval of Council Meeting Minutes a.) Approval of the January 28, 1992 Council Meeting Minutes 12. Adjournment STATE OF COLORADO ) PROOF OF FILING OF COUNTY OF EAGLE ) SS. PRELIMINARY PLANS AND ASSESSMENT PLAT TOWN OF AVON ) Patty Neyhart, being by me first duly sworn, upon oath deposes and says: That she is the Town Clerk of the Town of Avon; that on February nth, 1992, the following documents for the Town of Avon, Colorado, Local Improvement District No. 1992-1 of said Town, made out by the Engineer, were filed in the records in her office in said Town, pursuant to the initial resolution adopted by the Town Council on January 28, 1992, as follows: A. Preliminary plans and specifications showing a typical section of the contemplated improvements included in the district, the type or types of materials, approximate thickness and widths and approximate dimensions; and B. A preliminary estimate of the total cost of each type of construction, said estimate being made in a lump sum or by unit prices and further including in said total estimate the advertising, appraising, engineering, legal, interest on interim warrants, discount on any bonds, printing, and such other expenses as were considered by the engineer necessary or essential to the completion of such work; and C. An assessment plat showing the area to be assessed and the amount of maximum benefits (and corresponding market value increases) estimated to be conferred upon each lot, tract, or parcel of land in said assessment area, such assessment plat consisting of a map showing each individual parcel of property to be assessed and an addendum to the assessment plat or map designated "Tabulation of Parcels" or "Preliminary Assessment Roll," containing a tabulation of parcels, market values, preliminary assessment estimates, and estimated maximum benefits; and that all of said documents have remained and are now on file in said office to the date of this affidavit, i.e., to a time after the hearing on said Local Improvement District No. 1992-1 and have been available for public inspection; that each of said documents were reviewed by the Town Council prior to the adoption of the resolution calling the hearing adopted by the Town Council on February 111992, and that a true, perfect and complete copy of each of said documents as so filed, is attached hereto as Exhibit W. That a copy of this affidavit is also on file in the records in the office of said Clerk of said Town. Further affiant saith not. To Clerk Subscribed and sworn to before me in the County of Eagle, and State of Colorado, this 2-/// 1992. MY COWISSION EXPIRES My commission expires JULY 29, 1995 (Notary Stamp) G Notaryublic -2- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) AFFIDAVIT: OF MAILING OF NOTICE Patty Neyhart, being first duly sworn, upon her oath according to law, deposes and says: 1. She is and at all times hereinafter mentioned was the duly chosen, qualified, and' acting Clerk of the Town of Avon, Colorado. 2. A copy of the "Notice of A Proposal To Create, A Local Improvement District Designated 'Town of Avon, Colorado, Local Improvement District No. 1992-1,' To Construct Certain Street, Sidewalk, and Park and Mall Improvements Therein, And To Levy Special Assessments Therefor And Of A Hearing Thereon," was mailed on and before 1-elo Jai . _ 1, 1992, a time at least 10 days prior to the date fixed for the hearing designated in such notice and to be, held on February 25, 1992, to each last known owner or owners of each tract within the proposed district whose property will be assessed for the cost of the proposed improvements, such names of owners being obtained from the real property assessment rolls for general (ad valorem) taxes 'of the County of Eagle wherein such property is. located, or from such other source or sources as the Town Engineer and the undersigned Town Clerk deems reliable, and being the names and addresses shown on the preliminary assessment roll for the district and such hearing, as first-class mail deposited in the mails of the United States, postage prepaid. 3. Attached hereto as Exhibit A is a true correct, complete and compared copy of such notice in the form so mailed to such property owners. 4. Attached hereto as Exhibit B ,is the affidavit of publication concerning the publication of the notice in the Vail Trail. Further affiant saith not. Town Perk (SEAL) STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) The foregoing instrument was acknowledged in the Town of Avon, County of Eagle and State of Colorado. before me this IZI day of - EL 1992, by Patty Neyhart, Clerk of the Town of Avon. WITNESS my hand and official seal. Notary Public; (NOTARIAL -SEAL) My MISSION EXPIRES My commission expires: JULY 29. 1995 Exhibit A NOTICE OF A PROPOSAL TO CREATE A LOCAL IMPROVEMENT DISTRICT DESIGNATED 'TOWN OF AVON, COLORADO, LOCAL IMPROVEMENT DISTRICT NO. 1992-1," TO CONSTRUCT CERTAIN STREET, SIDEWALK AND PARK OR MALL IMPROVEMENTS THEREIN, AND TO LEVY SPECIAL ASSESSMENTS THEREFOR, AND OF A HEARING THEREON. . NOTICE IS HEREBY GIVEN to the owners of property within the proposed Town of Avon, Colorado, Local Improvement District No. 1992-1 (herein the "Town," the "State," and the "District"), and to all interested persons that: The Town Council of the Town of Avon, pursuant to its Charter, Chapter 12.08 of the Avon Municipal Code (the "Code"), as amended, and a resolution adopted February 11, 1992, has provisionally ordered the acquisition of the following improvements (the "Project") in the District, which are 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 of 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 details of the Project are more particularly shown on the preliminary plans now on file in the office of the Town Clerk. Reference is made to the preliminary plans for construction details. Pursuant to Section 12.08.080 of the Code, the Town Council has determined to combine the improvements in one improvement district. If after the Council has considered the ordering of the Project and has heard all complaints and objections thereto, the Council shall decide to proceed with the Project, the Council shall authorize the Project by ordinance. The Council has fixed Tuesday, February 25, 1992, at 7:30 p.m., at the Town Council Chambers at the Town Hall, Avon, Colorado, as the time and place upon which a hearing shall, be had, at which the owners of the tracts to be assessed or any other person interested therein may appear before the Council and be heard as to the propriety and. advisability of acquiring the Project. Written complaints, protests or objections concerning the District or the proposed Project may be filed with the Town Clerk at least one day prior to the hearing or may be made verbally at the hearing concerning the same by the owner of any tract to be assessed or by any person interested. The boundaries of the District shall be each lot, tract or parcel of land described below: Lot 1, Wildwood Resort, a Resubdivision 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; Sunroad 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; 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; The preliminary estimated total cost of the Project and the amount to be assessed is as follows: Estimated Amount of Amount Available Total Cost Special Assessments From Other Sources $2,052,524 $1,155,024 $891,500 The Town Council has determined that the assessments within the Project shall be levied against all the tracts described above, being the property specially benefitted by the. improvements, and such assessments shall be apportioned 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; such number of vehicle trips being based upon the Institute of Transportation Engineers Informational Report, Trip Generator (3rd Edition, 1982). Any estimate of cost or assessments herein shall neither constitute a limitation upon such cost or assessments, respectively, nor a limitation upon the rights' and powers of the Council or'of any officers, agents, or employees of the Town. All assessments made in connection with said District shall be due and payable without demand within thirty (30) days after final publication of the assessment ordinance. All such assessments may, at the election of the owner, be paid in installments with interest in case of such election to pay in installments, the assessment shall be payable in fifteen (15) substantially equal. annual installments of principal, with interest in all cases on the unpaid principal payable annually at a rate to be hereafter determined by the Town Council. No substantial change in the District, details, preliminary, plans, or estimates shall be made after the first publication or mailing of notice ' to property owners, whichever occurs first, except for the reduction in any estimate and except for any deletion of a portion of the Project and property from the proposed District. The Engineer, however, shall have the right to make minor changes in time, plans, and . materials entering into the work at any time before its completion. Nothing herein shall be construed to limit the amount finally assessed as herein provided. At the above-stated time fixed for the hearing any and all property owners interested in such Project may, by specific and written complaints, protests, or objections present their views in respect to the proposed Project to the Council or they may present them orally and the Council may adjourn the hearing from time to time. After such hearing, if the Council shall determine that it is not for the public interest that the proposed Project, or a part thereof; be made, the Council shall make an order by resolution to that effect and thereupon the proceedings for the_ Project service facilities, or the part thereof determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution. If after such hearing- the Council has determined to proceed with said District, as modified, the Council by resolution shall direct the Engineer to prepare and present to the Council: i) A revised and detailed estimate of the total cost, which revised estimate shall not constitute a limitation for any purpose. ii) Revised preliminary plans; and iii) A revised assessment plat and map showing the location of each improvement and the real property to be assessed and a revised assessment roll. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the Council at any time prior to the final passage of the ordinance authorizing the Project. Any complaint, protest, or objection to the regularity, validity and correctness of the proceedings and instruments taken, adopted, or made prior to the date of the hearing shall be deemed waived unless presented in writing on specific grounds at the time and in the manner herein specified. Pursuant to section 15.5 of the Charter, no action or proceeding, at law or in equity, to review any acts or proceedings, or to question the validity of, or enjoin the performance of the issue or collection of any bonds, or the levy or collection of any assessments authorized by the Code, or for any other relief against any act or proceedings of the Town done or had under the Code, shall be maintained against the Town, 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. The preliminary plans, the assessment plat and map (including the preliminary assessment roll), the preliminary estimate of the total cost, the description of the tracts to be assessed, the amount of assessments estimated to be assessed on each such tract, and all proceedings in the premises are, on file and can be seen and examined at said office of the Town Clerk during business hours, at any time, by any person so interested. By order of the Town Council of the Town of Avon, Colorado. Dated at Avon, Colorado this February 11, 1992. Town Clerk EXHIBIT B PROOF OF PUBLr-4WN o~ ~ ~ to d kd- COlarb. LOW bpr.wnmd CMdd ma ts@.1 ' STATE OF COLORADO I ww ~ COUNTY OF EAGLE ward ip rdd llm Toa COwd d dm Town d Aron. rya rmd m® am.t, am* law d dm Ma riodebd V.04 --drd,aodm tCra ppa L ALLEN KNOB do solemnly swear that t am to itla~ FdPOOy 11. I= pw oroa.a aad,ma d 1p.'* Publisher the of THE VAIL TRAIL that the same Is a weekly newspaper w Pmado.e a printed M whole «In part and published In the County d Cagle. State d Cokxado. LMed and has a general circulation thl7reln; that said has been publ l f I t tl l C f tth A p amr.n.m m Aran rLeW ad e. B- Cnmp eedraa a .mamma aM a9 n so oun a oer o o d y o continuously and unintertuptedlyp mcrel papn r nt th t s ld news a er has been admitted to the United ~ Prn d nr Tome m,aam m. I aadwwdg aama 'd s" Th° p p o a a o States malts as second classmatter underthe provisions of the Act of Mach 3.1879. 1• vxa.n e.rw email Boded m aw w I km pan BMW 0" Pte OD a Pdt1 4 enh thereof, «1d that said newspaper is a weeky newspaper duN or onV amen dmm Padmmy am par .an d m. A.m PAW notices and adrerflsemervh within the meaning of the p I qualffieCI e e a~ lawsth Stat d Col atla sAdanm d yyo mn pme m maemaa L That the annexed legal notice «aduerHsertlent was Published in the regular and Arm LlmdtrmpBew dM Bream F70 94. ~ b entire issue of every number of sold weekly newspaper for the period d "dG eer o.rp e u =.t d ~ +W ~ ~ COnSBCU11Ve IrLtartlan5 and that the ft publication of said ratlCe was in the Issue Of 70B. Lwdwme Mw Awdp . a Igo q a m I. . b ~e1Ma admad Ubw -~i.C.fiu i.~ id 19 and that the kat t AD d d Blp.~mi.Pm. Tp..L+oim.n.e•a.~' d sa newspaper . o e ea d ddaeerrAmarb~w %N%W bnd saW notice was In the issue of said newspaper doled lk t pub xz aiorma .Nrep ptmd edaid.. swan m ~ ~ ~ ~ z smarm ad ama.nnm d war ro A.0. 19 aaa d Awn eo. Cn.p ew►aaa PA. pmrtlir mod Awn Radlaaiehmelr aced d In taAtelecf I have hereunto set my hand thl9 day of of ft WP bftd mdi A.D. 191-2- and wd d Awe P=070 hft h.M Th. 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JAMES, TOWN MANAGER FROM: NORM WOOD, TOWN ENGINEER DATE:- FEBRUARY 7, 1992 RE:- -LOCAL IMPROVEMENT DISTRICT NO. 1992-1 RESOLUTION NO 92-8 (ROLL-CALL VOTE) Recommended Action: Approve Resolution No. 92-8, A Resolution concerning a proposed Local Improvement District to be known and identified as "Town of Avon Colorado, Local Improvement District No. 1992-111; determining the designation of the district; stating the nature and location of the project to be made; prescribing the district to be assessed; approving-and adopting therefor the preliminary plans, the preliminary estimate of the total cost, the assessment plat and maps, and preliminary assessment roll, of-the district; prescribing a number of details concerning the district, the project therein, and the assessments to be levied therefor-; provisionally ordering that such improvements be,made; fixing the time and place for the hearing on the improvements; and prescribing Notice of Hearing. Action should be by Roll Call Vote. Items to be presented in conjunction with Resolution No. -92-8 include; Preliminary Assessment Plat Preliminary Assessment Roll Preliminary Cost Estimate Preliminary Plans The Preliminary Assessment Plat and Cost Estimate are enclosed. Because of delays in getting current property ownership information,, the Preliminary Assessment Roll will not be available until Monday afternoon, February 10, 1992. Preliminary Plans will be presented at the Council Meeting on February 11, 1992. TOWN OF AVON LOCAL IMPROVEMENT DISTRICT NO. 1992-1 January 28, 1992 Construction Street Improvements $ 327,684 Landscaping (North) 197,311 Landscaping (South) 574,461 Street Signs 25,000 Construction Engineering 32,768 Sidewalk Society 275,000 Total Construction $1,432,224 Design EDAW $ 50,000 Intermountain Engineering 108.000 Total Design $ 158,000 Ra Land Cost $ 256,800 Legal 20,000 Appraisals 10,000 Total R/W $ 286,800 Finance & Administration Financial Planning $ 6,500 Legal/Sherman & Howard 20,000 Bond Issuance Costs 39,000 Capitalized Interest 100,000 Administration 10,000 Total Administrative $ 175,500 TOTAL PROJECT $2,052,524 Contributions Town of Avon $ 663,750 CDOT 165,000 Avon Arts Trust 68,750 Total Contributions $ 897,500 PROPOSED PROJECT ASSESSMENT $1,155,024