Loading...
TC Res. No. 2007-04 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITHTOWN OF AVON, COLORADO RESOLUTION NO. 07-04 SERIES OF 2007 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH CONFLUENCE AND AVON STATION METROPOLITAN DISTRICTS WHEREAS, on March 28, 2006, the Town of Avon adopted and approved an Amended and Restated Consolidated Service Plan (the "Service Plan") for Confluence Metropolitan District and Avon Station Metropolitan District (the "Districts"); and WHEREAS, pursuant to the Service Plan, the Town of Avon authorized the Districts to issue bonds in accordance with Colorado law to pay for public improvements to be constructed within and to serve the property within the Districts; and WHEREAS, the Confluence Metropolitan District is proposing to issue bonds to provide such public improvements and desires assurance that, in the event the Town of Avon were to create an urban renewal authority, the Town of Avon would not approve an urban renewal plan that provided for incremental property taxes or the related specific ownership taxes from property within the Districts to be pledged to pay debt service or other obligations of such urban renewal authority; and WHEREAS, the Council has determined that it is appropriate to allow the incremental property taxes and related specific ownership taxes that would be imposed by or accrue to the Districts to be retained, used, and spent by the Districts in accordance with the Service Plan rather than being directed to pay obligations of an urban renewal authority; and WHEREAS, the Council desires to confirm such intention by means of an Intergovernmental Agreement with the Districts. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Avon, Colorado: 1. That the Council does hereby authorize and direct the Mayor of the Town of Avon to execute, and the Town Clerk to attest, an Intergovernmental Agreement with the Districts wherein the Town agrees that in the event an urban renewal authority is created within the Town, the Town shall not approve an urban renewal plan that would allow such urban renewal authority to receive incremental property taxes imposed by the Districts from increased property values or the related specific ownership taxes from property within the current boundaries of the Districts, except that portion of the Avon Station Metropolitan District located within Lot B, Avon Center at Beaver Creek, for a period through and including December 31, 2047. 2. That a certified copy of this Resolution shall be filed in the records of the Town. 3. That all Resolutions or parts thereof in conflict with the provisions hereof shall be and the same are hereby repealed. Done this 27 h day of February, 2007 at Avon, Colorado t~4% l ~ ~Au~ r 'Ilk f rq SEAI.a r~'~ - ATTEST: ®l ' rlc. j L TOWN COUNCIL OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO By: C Mayor Av To Clerk Resolution No. 07-04 IGA Confluence Metro DistrictI Page 2 of 2 INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF AVON, CONFLUENCE METROPOLITAN DISTRICT, AND AVON STATION METROPOLITAN DISTRICT CONCERNING INCREMENTAL TAXES TIPS INTERGOVERNMENTAL AGREEMENT is made and entered into as of this day of 2007, by and between the TOWN OF AVON, a Colorado municipal corporation (t " own"), the CONFLUENCE METROPOLITAN DISTRICT, a quasi-municipal corporation of the State of Colorado, and the AVON STATION METROPOLITAN DISTRICT, a quasi-municipal corporation of the State of Colorado (collectively, the "Districts"). RECITALS WHEREAS, the Town is a Colorado municipal corporation with the power, inter alia, to organize an urban renewal authority in accordance with Section 31-25-101, et seq., C.R.S. (the "Act"); and WHEREAS, the Town is investigating the-possibility of forming an urban renewal authority to provide for improvements, facilities and other functions of benefit to the Town and its residents and taxpayers; and WHEREAS, the Districts are quasi-municipal corporations organized to provide certain- public improvements for the benefit of a development project known as "Riverfront," and WHEREAS, the Town approved an "Amended and Restated Consolidated Service Plan" for the Districts on March 28, 2006 (the "Service Plan"), which Service Plan authorized the Districts to issue general obligation bonds (the "Bonds") to finance such public improvements; and WHEREAS, the issuance of the Bonds is dependent upon the Districts' ability to impose and collect all or most of the real property taxes imposed by the Districts within the boundaries of the Districts; and WHEREAS, in order to perform certain operations and maintenance functions with respect. to public improvements not dedicated to the Town, and to pay the costs of general administrative expenses of the Districts, the Districts will also depend on the imposition and collection of real property taxes; and WHEREAS, if organized, an urban renewal authority would have the power to collect certain real property taxes imposed by the Districts, if approved by the Town, based on the incremental increase in property values within the Districts following such organization, and to apply such revenues for the purposes of the urban renewal authority rather than the purposes of the Districts; and WHEREAS, the public improvements being funded by the Districts will assist the urban renewal authority and reduce the burden on the Town or the urban renewal authority to directly fund such public improvements; and WHEREAS, the Districts' ability to issue bonds and otherwise fund operations, maintenance and administrative expenses will be impaired if the Districts are not able to impose and collect real property taxes, and associated specific ownership taxes; and WHEREAS, it is consistent with the Town's approval of the Districts' Service Plan to preserve the Districts' ability to impose and collect real, property taxes levied by the Districts, together with the associated specific ownership taxes, during the 40-year potential term of the Districts' bonds; and WHEREAS,'the Districts are in the process of issuing bonds, and the execution of this Intergovernmental Agreement is necessary to facilitate the marketing of such Bonds at the lowest possible interest rate; and WHEREAS, the Town is willing to allow the Districts to collect, retain, and spend the real property taxes and specific ownership taxes from property within the current boundaries of the Districts, except Lot B within the Avon Station Metropolitan District, as described on Exhibit A, and based on uses in accordance with the zoning entitlements for such property as of the date of this Agreement; and WHEREAS, the parties desire to establish their agreement relating to collection and use of real property tax by the Districts and associated specific ownership taxes; NOW, THEREFORE, in consideration of the covenants and mutual agreements herein contained, and of the receipt of other good and valuable consideration, the amount and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: COVENANTS AND AGREEMENTS 1. Districts to Retain Property Tax and Specific Ownership Tax. The Town has approved certain zoning entitlements for the property within the Districts. In accordance with the Act, the Town has the authority to approve the organization of an urban renewal authority following compliance with certain statutory requirements. The Town also has the authority to approve an urban renewal plan that would allow such urban renewal authority to receive certain incremental real property taxes imposed by the Districts from increased property values. Notwithstanding such authority under the Act, the Town agrees to allow the Districts to collect, retain, and use until December 31, 2047 the real property tax and associated specific ownership taxes obtained from within the current boundaries of the Districts, except for Lot B within the Avon Station Metropolitan District, all as described in Exhibit A, and based on uses in accordance with the zoning entitlements for such property as of the date of this Agreement. The Town shall not approve an urban renewal plan that, prior to December 31, 2047, would pledge to an urban renewal authority incremental real property taxes and specific ownership 2 bus_re\intergovemmental agreement v6 (1128081_6) taxes from property within the current boundaries of the Districts, other than Lot B of the Avon Station Metropolitan District, that would otherwise be payable to the Districts,, except for and to the extent of any incremental real property taxes or specific ownership taxes generated by an increase in the total number of permitted dwelling units or commercial square footage in the zoning entitlements existing as of the date of this Agreement. 2. Funding of Public Improvements. The Districts shall use any real property taxes and associated specific, ownership taxes it receives only for those purposes permitted by the Service Plan, including paying for public improvements to serve property within the Districts.' 3. Miscellaneous. This Agreement shall be enforceable in accordance with . the laws of the State of Colorado and may be specifically enforced by either party hereto. No amendment or assignment of this Agreement shall be permitted without the mutual written agreement of the parties. EXECUTED AS OF THE DATE AND YEAR FIRST WRITTEN ABOVE. TOWN OF AVON By: - Q AMayor . . r t ATTES By: ` % 7 CONFLUENCE METROPOLITAN AVON STATION METROPOLITAN DISTRICT DISTRICT By: BY sid nt 4nt ATTEST ATTEST r By: Z 5/ By: ecretary Secretary. 3 bus_re\intergovemmental agreement v6 (1128081_6) EXHIBIT A 6 r g its 1 J e' 1 tf 9RyF1• i ~ 1 m-s d" 1 7 ""•v f ~ ~ - 4 -3 g X n F m ~5 To: Avon Town Council From: John Dunn, Town Attorney Randy Funk, Special Counsel Date: February 27, 2007 MEMORANDUM q b-1 - D4 Re: Intergovernmental Agreement With Confluence Metropolitan District Council is being asked to approve an Intergovernmental Agreement with Confluence Metropolitan District which would limit the incremental tax revenues from Riverfront Subdivision in the event an urban renewal authority is created. The effect of the agreement would be that the urban renewal authority, if created, would not receive incremental property and specific ownership taxes otherwise payable to the Confluence and Avon Station Metropolitan Districts (the "Districts"). The agreement would have no effect on incremental tax revenues assessed within Riverfront Subdivision and payable to other jurisdictions. On March 28, 2006, the Town approved an Amended and Restated Consolidated Service Plan (the "Service Plan") for the Confluence Metropolitan District and the Avon Station Metropolitan Districts. The Service Plan authorized the Districts to issue general obligation bonds to finance certain public improvements. The Town is investigating the possibility of forming an urban renewal authority. If an authority is created, an- urban renewal plan for an area that includes property within the Districts known as "Riverfront" could be approved. When the Council approves an urban renewal plan, one component is the financing plan. Such an urban renewal plan could commit the tax increment from an area, including the incremental taxes from other local governmental entities, to pay debt service on bonds or other obligations of the urban renewal authority. The Confluence Metropolitan District is preparing to issue bonds. By law and under the limitations of the Service Plan, the term of such bonds issued by the Districts could be up to 40 years. In order to assure that the property taxes and specific ownership taxes imposed by the Districts are not used by the urban renewal authority, the Confluence Metropolitan District has requested that the Town enter into an Intergovernmental Agreement to agree not to approve an urban renewal plan that would allow the urban renewal authority to receive incremental property taxes imposed by the Districts during the potential term of the bonds. bus_r6council memo 022707 (1143738_1).doc Avon Town Council February 27, 2007 Page 2 Under the proposed IGA, the Town agrees to allow the Districts to collect, retain, and use the property tax and associated specific ownership taxes obtained from within the current boundaries of the Districts until December 31, 2047. The Town agrees not to approve an urban renewal plan that, prior to December 31, 2047, would pledge to an urban renewal authority property tax increment payable to the Districts and specific ownership taxes from property within the current boundaries of the Districts that would otherwise be payable to the Districts. In consideration of such agreement by the Town, the Districts will use such taxes for the purposes specified in the Service Plan, including paying for public improvements to serve property within the Districts. The proposed IGA is not an agreement for the joint use of buildings, equipment- or facilities, or for furnishing or receiving commodities or services of public benefit within the meaning of the Town Charter. Accordingly, a two-thirds vote for passage of the resolution is not required. bus_r6council memo 022707 (1143738_1).doc .L