TC Res. No. 2003-10TOWN OF AVON
RESOLUTION NO. 03-10
SERIES OF 2003
A RESOLUTION DECLARING. THE LOWER BUCK CREEK DRAINAGE
IMPROVEMENTS TO BE IN PURSUANCE OF A,PUBLIC PURPOSE, AND
AUTHORIZING ALL STEPS NECESSARY AND PROPER FOR ACQUISITION
OF ALL INTERESTS, RIGHTS OF WAY, AND/OR EASEMENTS NEEDED TO
CONSTRUCT SUCH IMPROVEMENTS
WHEREAS, the Town Council has previously directed, authorized, and,budgeted
for construction of the Lower Buck Creek Drainage Improvements, and
WHEREAS, said improvements will be made in pursuance. of the public interest
in health, safety, and welfare, and
WHEREAS, the construction of said improvements, may require the Town of
Avon to obtain, through negotiation or exercise of the power of eminent domain, certain
interests, rights of way, and/or easements.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town of Avon Council hereby declares the Lower Buck Creek
Drainage Improvements to be in pursuance of the public interest and for a public purpose.
Section 2. The Town of Avon staff is authorized to engage the services of an
appraiser and a title company, and to take all other actions necessary and proper for
acquisition of all interests, rights of way, and/or easements needed to perform such
improvements, including, but not limited to, acquisition by negotiation or the power of
eminent domain.
ADOPTED this 1 day of , 2003.
TOWN OF AVON, COLORADO
I Albert D. Reynolds, Mayo
ATTEST: i S A r
tt ~r
BLS tlJl ~i 1 .
I:\Town Clerk\Council\Resolutions\2003\Resolution No. 03-10 Buck Creek Drainage.doc
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer,'/
Anne Martens, Assistant Town Engineer
Date: January 30, 2003
Re: Resolution No. 03-10, Series of 2003
Lower Buck Creek Drainage Improvements - Authorization to Acquire
Rights-of-Way to Construct Improvements
Summary: We are in the process of acquiring the rights-of-way and
easements required for construction of the Lower Buck Creek Drainage Improvements. It
is possible that the initiation of eminent domain proceedings may be required in the
acquisition process for some of these properties. Oftentimes the initiation of this process
is necessary to obtain possession of the property for construction, even though the actual
acquisition of the property is completed through the negotiation process. Approval of
Resolution No. 03-10 is recommended as one of the first steps necessary to begin the
rights-of-way and easement acquisition process.
Recommendations: Approve Resolution No. 03-10, Series of 2003, A
Resolution Declaring the Lower Buck Creek Drainage Improvements to be in Pursuance
of a Public Purpose, and Authorizing all Steps Necessary and Proper for Acquisition of all
Interests, Rights-of-Way, and/or Easements Needed to Construct Such Improvements.
Town Manager Comments:
CADocunmu And SettingsWwoodU=6 Settings\ =pWary Intemet ReAOMMes 03-10 Mawl.Doc
RESOLUTION NO.03-10
SERIES OF 2003
A RESOLUTION DECLARING THE LOWER BUCK CREEK DRAINAGE
IMPROVEMENTS TO BE IN PURSUANCE OF A PUBLIC PURPOSE, AND
AUTHORIZING ALL STEPS NECESSARY AND PROPER FOR ACQUISITION OF
ALL INTERESTS, RIGHTS OF WAY, AND/OR EASEMENTS NEEDED TO,
CONSTRUCT SUCH IMPROVEMENTS
WHEREAS, the Town Council has previously directed, authorized, and budgeted
for construction of the Lower Buck Creek Drainage Improvements, and
WHEREAS, said improvements will be made in pursuance 'of the public interest
in health, safety, and welfare, and
WHEREAS, the construction of said improvements may require the Town of
Avon to obtain, through negotiation' or exercise of the power of eminent domain, certain
interests, rights of way, and/or easements.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town of Avon-Council hereby declares the Lower Buck Creek
Drainage Improvements to be in pursuance of the public interest and for a public purpose.
Section 2. The Town of Avon staff is authorized to engage the services of an
appraiser and a title company, and to take all other actions necessary and proper for
acquisition of all interests, rights of way, and/or easements needed to perform such
improvements, including, but not limited to, acquisition by. negotiation or the power of
eminent domain.
ADOPTED this _ day of , 2003.
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
CADocuments and Settings\nwood\LocW Settings\TaMorwy Internet Fi1es\0UU\Reso1ution 03 0.doc