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TC Res. No. 2011-09 USFS Land Exchange SupportTOWN OF AVON, COLORADO RESOLUTION NO. 11-09 SERIES OF 2011 A RESOLUTION BY THE AVON TOWN COUNCIL SUPPORTING A MULTI -PARTY LAND EXCHANGE LOCATED IN THE WHITE RIVER FOREST IN EAGLE COUNTY AND RECOMMENDING EXCEPTIONS TO THE CONSERVATION EASEMENTS ON THE AVON WEST PARCEL AND THE FOREST SERVICE VILLAGE PARCEL WHEREAS, the White River National Forest — Eagle/Holy Cross Ranger District has initiated a multi- party land exchange involving the Colorado State Land Board, the Upper Eagle Regional Water Authority, and the United State Forest Service (USFS); and WHEREAS, the Town of Avon may acquire two National Forest parcels conveyed to the Colorado State Land Board immediately following the land exchange: a) The West Avon Parcel containing approximately 478.09 acres within the Town of Avon; and b) The Forest Service Village Parcel, containing approximately 85.99 acres in Eagle County (collectively the "USFS Parcels"); and WHEREAS, a Conservation Easement held by the Eagle Valley Land Trust shall be established on the USFS Parcels for the purpose of preserving publically accessible open space and limited recreational uses; and WHEREAS, the Town may request suitable uses as exceptions to the Conservation Easements; and WHEREAS, the Avon Comprehensive Plan adopted in 2006, recommends that the USFS Parcels be preserved for open space and limited recreational uses and to provide a visual and physical between communities; and WHEREAS, Resolution No. 07 -29, adopted by the Town Council on August 14, 2007, initiated the acquisition of the USFS Parcels for the purpose of providing permanent protection of open space and recreational uses located near the Town of Avon; and WHEREAS, the Town Council held a public hearing on May 10, 2011 to consider the Town participation in the land exchange and suitable exceptions to the Conservation Easements, and has determine that the citizens of Avon want the USFS Parcels preserved for publically accessible open space and limited recreation uses; and WHEREAS, the physical characteristics of both USFS Parcels, including steep slopes in excess of 40 percent, prohibit or significantly restrict the construction of access roads, retaining walls and infrastructure on these parcels in accordance with the Town's zoning and subdivision standards; and WHEREAS, vehicle access through the Forest Service Village Parcel to Planning Area M of the Village (at Avon) PUD from Highway 6 as depicted on Exhibit C of this Resolution and attached hereto, is not restricted by topographic constraints, and can be designed in accordance with the Town's subdivision and road standards and the Avon Comprehensive Plan recommendations for access to Planning Area M; and WHEREAS, the development of affordable housing and community facilities in the northwest corner of the Forest Service Villilge East Parcel may be compatible with the Town's goals and policies. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Acquisition of the USFS Parcels is consistent with the goals and policies of the Avon Comprehensive Plan and necessary for the safe and orderly development of the Town; Section 2. The following uses described below and depicted on Exhibits A, B and C of this Resolution and attached hereto are consistent with the Avon Comprehensive Plan and its guiding policies, and the recommendations of the Site Suitability Analysis prepared by the Avon Community Development Department, and should therefore be reserved as exceptions to the Conservation Easements that will encumber the USFS Parcels: a Avon West Town Parcel. (Exhibit A i. The trail alignments and associated improvements recommended in the Avon Recreational Trails Master Plan (2009). ii. A conceptual alignment for a paved trail and associated improvements extending from Nottingham Rd north to the June Creek Trail. b. Forest Service Village Parcel (Exhibits B and C) i. The "Core Trail" alignment recommended in the Eagle Valley Regional Trails Plan (Dec 2001). ii. Trail alignments which follow existing wildlife corridors and old ranching/jeep roads. iii. Connector trails to Hwy 6 and the 1 -70 /Post Blvd interchange area. iv. 6.2 contiguous acres in the NW comer of the parcel for affordable housing and community facilities. v. A road easement that extends from CO Hwy 6 across the Eagle River to Planning Area M in the Village (at Avon) PUD. Section I The Town Manager is directed to work with the Eagle Valley Land Trust to provide sufficient detail concerning the location and extent of the above - described exceptions to the Conservation Easements. I�k ADOPTED AND APPROVED this a '� day of —" , 2011. TOWN COUNCIL SO N TOWN OF AVON, COLORADO W pF �� chard Carro 1, Mayor ' lv I TOWN OF AVON, COLORADO RESOLUTION NO. 11-09 SERIES OF 2011 A RESOLUTION BY THE AVON TOWN COUNCIL SUPPORTING A MULTI -PARTY LAND EXCHANGE LOCATED IN THE, WHITE RIVER FOREST IN EAGLE COUNTY AND RECOMMENDING EXCEPTIONS TO THE CONSERVATION EASEMENTS ON THE AVON WEST PARCEL AND THE FOREST SERVICE VILLAGE PARCEL WHEREAS, the White River National Forest — Eagle /Holy Cross Ranger District has initiated a multi- party land exchange involving the Colorado State Land Board, the Upper Eagle Regional Water Authority, and the United State Forest Service (USFS); and WHEREAS, the Town of Avon may acquire two National Forest parcels conveyed to the Colorado State Land Board immediately following the land exchange: a) The West Avon Parcel containing approximately 478.09 acres within the Town of Avon; and b) The Forest Service Village Parcel, containing approximately 85.99 acres in Eagle County (collectively the "USFS Parcels "); and WHEREAS, a Conservation Easement held by the Eagle Valley Land Trust shall be established on the USFS Parcels for the purpose of preserving publically accessible open space and limited recreational uses; and WHEREAS, the Town may request suitable uses as exceptions to the Conservation Easements; and WHEREAS, the Avon Comprehensive Plan adopted in 2006, recommends that the USFS Parcels be preserved for open space and limited recreational uses and to provide a visual and physical between communities; and WHEREAS, Resolution No. 07 -29, adopted by the Town Council on August 14, 2007, initiated the acquisition of the USFS Parcels for the purpose of providing permanent protection of open space and recreational uses located near the Town of Avon; and WHEREAS, the Town Council held a public hearing on May 10, 2011 to consider the Town participation in the land exchange and suitable exceptions to the Conservation Easements, and has determine that the citizens of Avon want the USFS Parcels preserved for publically accessible open space and limited recreation uses; and WHEREAS, the physical characteristics of both USFS Parcels, including steep slopes in excess of 40 percent, prohibit or significantly restrict the construction of access roads, retaining walls and infrastructure on these parcels in accordance with the Town's zoning and subdivision standards; and WHEREAS, vehicle access through the Forest Service Village Parcel to Planning Area M of the Village (at Avon) PUD from Highway 6 as depicted on Exhibit C of this Resolution and attached hereto, is not restricted by topographic constraints, and can be designed in accordance with the Town's subdivision and road standards and the Avon Comprehensive Plan recommendations for access to Planning Area M; and WHEREAS, the development of affordable housing and community facilities in the northwest corner of the Forest - Service Village East Parcel may be compatible with the Town's goals and policies. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Acquisition of the USFS Parcels is consistent with the goals and policies of the Avon Comprehensive Plan and necessary for the safe and orderly development of the Town; Section 2. The following uses described below and depicted on Exhibits A, B and C of this Resolution and attached hereto are consistent with the Avon Comprehensive Plan and its guiding policies, and the recommendations of the Site Suitability Analysis prepared by the Avon Community Development Department, and should therefore be reserved as exceptions to the Conservation Easements that will encumber the USFS Parcels: a. Avon West Town Parcel. (Exhibit A i. The trail alignments and associated improvements recommended in the Avon Recreational Trails Master Plan (2009). ii. A conceptual alignment for a paved trail and associated improvements extending from Nottingham Rd north to the June Creek Trail. b. Forest Service Village Parcel (Exhibits B and C) i. The "Core Trail" alignment recommended in the Eagle Valley Regional Trails Plan (Dec 2001). ii. Trail alignments which follow existing wildlife corridors and old ranching/jeep roads. iii. Connector trails to Hwy 6 and the 1 -70 /Post Blvd interchange area. iv.. 6.2 contiguous acres in the NW corner of the parcel for affordable housing and community facilities. v. A road easement that extends from CO Hwy 6 across the Eagle River to Planning Area M in the Village (at Avon) PUD. Section 3. The Town Manager is directed to work with the Eagle Valley Land Trust to provide sufficient detail concerning the location and extent of the above - described exceptions to the Conservation Easements. � 4 ADOPTED AND APPROVED this a� day of_f�-� , 2011. TOWN COUNCIL TOWN OF AVON, COLORADO Wchard CairST11, • TOWN OF AVON, COLORADO RESOLUTION NO. 11 -12 SERIES OF 2011 A RESOLUTION REPEALING RESOLUTION 11 -09 AND APPROVING A NEW RESOLUTION BY THE AVON TOWN COUNCIL SUPPORTING A MULTI -PARTY LAND EXCHANGE LOCATED IN THE WHITE RIVER FOREST IN EAGLE COUNTY AND RECOMMENDING EXCEPTIONS TO THE CONSERVATION EASEMENTS ON THE AVON WEST PARCEL AND THE FOREST SERVICE VILLAGE PARCEL WHEREAS, the White River National Forest — Eagle /Holy Cross Ranger District has initiated a multi -party land exchange involving Eagle County, the Colorado State Land Board, the Upper Eagle Regional Water Authority, and the United State Forest Service (USFS); and WHEREAS, the Town of Avon may acquire two National Forest parcels resulting from the land exchange: a) The West Avon Parcel containing approximately 478.09 acres within the Town of Avon; and b) The Forest Service Village Parcel, containing approximately 85.99 acres in Eagle County (collectively the "USFS Parcels "); and WHEREAS, a Conservation Easement held by the Eagle Valley Land Trust shall be established on the USFS Parcels for the purpose of preserving publically accessible open space and limited recreational uses; and WHEREAS, the Town may request suitable uses as exceptions to the Conservation Easements; and WHEREAS, the Avon Comprehensive Plan adopted in 2006, recommends that the USFS Parcels be preserved for open space and limited recreational uses and to provide a visual and physical community separator between Avon and Singletree; and WHEREAS, Resolution No. 07 -29, adopted by the Town Council on August 14, 2007, initiated the acquisition of the USFS Parcels for the purpose of providing permanent protection of open space and recreational uses located near the Town of Avon; and WHEREAS, the Town Council held public hearings on Mayr 10, 2011 and July 12, 2011 to consider the Town participation in the land exchange and suitable exceptions to the Conservation Easements, and has determine that the citizens of Avon want the USFS Parcels preserved for publically accessible open space and limited recreation uses; and WHEREAS, the physical characteristics of both USFS Parcels, including steep slopes in excess of 40 percent, prohibit or significantly restrict the construction of access roads, retaining walls and infrastructure on these parcels in accordance with the Town's zoning and subdivision standards; and WHEREAS, the Avon Town Council cannot determine at this time with the information available whether the design of a vehicle access through the Forest Service Village Parcel from Res. 11 -12 Supporting Multi -Party Land Exchange 7.7.11 FINAL Page 1 of3 RMF -1 to Planning Area M of the Village (at Avon) PUD from Highway 6 is viable, whether acceptable alternative designs or alignments are possible, whether vehicle access through the Forest Service Village Parcel presents a better design and plalming option than other potential road alignments, or whether additional road access improvements to Planning Area M are desired or required, and furthermore, the Avon Town Council does not have information regarding development plans, if any, for Planning Area M other than general uses described in the Village (at Avon) PUD Guide; and WHEREAS, the development of affordable housing and community facilities in the northwest corner of the Forest Service Village East Parcel may be compatible with the Town's goals and policies. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Resolution 11 -09 approved by the Avon Town Council on May 24, 2011 is hereby repealed in its entirety. Section. 2. Acquisition of the USFS Parcels is consistent with the goals and policies of the Avon Comprehensive Plan and necessary for the safe and orderly development of the Town. Section 3. The following uses described below and depicted on Exhibits A, B and C of this Resolution and attached hereto are consistent with the Avon Comprehensive .Plan and its guiding policies, and the recommendations of the Site Suitability Analysis prepared by the Avon Community Development Department, and should therefore be reserved as exceptions to the Conservation Easements that will encumber the USFS Parcels: A. Avon West Town Parcel. (Exhibit A) i. The trail alignments and associated improvements recommended in the Avon Recreational Trails Master Plan (2009). ii. A conceptual alignment for a paved trail and associated improvements extending from Nottingham Rd north to the June Creels Trail. B. Forest Service Village Parcel (Exhibits B and C) i. The "Core Trail" alignment recommended in the Eagle Valley Regional Trails Plan (Dec 2001). ii. Trail alignments which follow existing wildlife corridors and old ranching /jeep roads. iii. Connector trails to Hwy 6 and the I -70 /Post Blvd interchange area. iv. 6.2 contiguous acres in the NW corner of the parcel for affordable housing and community facilities. Res. 11 -12 supporting Multi -Party Land Exchange 7.7.11 FINAL Page 2 of 3 V. A potential future easement or easements for a road and trail connecting Planning Area RMF -1 to Planning Area M, Village (at Avon), Avon, Colorado, provided that any such road and/or trail easement shall be subject to future review and approval by the Avon Town Council and Avon Planning and Zoning Commission as appropriate and shall require (1) amendments to the Avon Comprehensive Plan, including Avon's 3 -Mile Plan, Major Streets PIan and Transportation Plan, (2) an amendment to the Village (at Avon) PUD Plan, (3) an application for road construction in accordance with the procedures and standards of the Avon Development Code and Avon Municipal Code, and (4) consideration of equitable compensation to the Town of Avon regarding the Town of Avon's financial expenditure to acquire the Forest Service Village Parcel. Section 3. The Town Manager is directed to work with the Eagle Valley Land Trust to provide sufficient detail concerning the location and extent of the above - described exceptions to the Conservation Easements. ADOPTED AND APPROVED by the Avon Town Council on July 12, 2011. By: Res. 11 -12 Supporting Multi -Party Land Exchange 7.711 FINAL Page 3 of 3 Patty­McKenny,(Down _.� -�.< .. - (� �� .;. y j>i tis �- i r b � 1t s a �. ''i f R ,:;a z � '. w Y -i'.'4 °!� ' . •J-y` '� p �8 ry� LLJ s - i xo-; •,i'r �S� a �... 1 ryyi 4 §�R CD W ` N a t _ '� tik ts- ,';„'•"�'�2��+,xt.1�La�i ='?J s i. ,' ;y y r r �t�.,`'.i' rR �'ti �"{� z d $); H t^' �� i,,•r � rX•r � ! . �5 +# S �4� ri�'',,�rr1 Y �� ¢ E r OY RF 4 {� 4} i rt '� \ i SLX' t t7' f. • RR' :rx.''T O x+',.i { r Frr y% •-yy, s •i`sF t 1jr I i�R n 1. r f �'! Az��,cc•+�yy �- .�q�4,:gr�a r � � �+I, "'� 9 { iN . f. tita t 1 M��t� � L tl`�'a. '�a•+'V1'fJR ,� � "} � �r tt.':!i'1 J . 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N4 L1� t � .: t: �' t- ¢ io �'. � TOWN OF AVON ORDINANCE NO. 13 -01 SERIES OF 2013 AN ORDINANCE ACCEPTING THE WEST AVON AND VILLAGE PARCELS IN THE EAGLE VALLEY LAND EXCHANGE; GRANTING EASEMENTS TO HOLY CROSS ENERGY; GRANTING A CONSERVATION EASEMENT ON THE WEST AVON PARCEL TO EAGLE VALLEY LAND TRUST; APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY; AND, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY AND BERRY CREEK METROPOLITAN DISTRICT WHEREAS, the White River National Forest - Eagle /Holy Cross Ranger District initiated a multi -party land exchange involving Eagle County, the Colorado State Land Board, the Upper Eagle Regional Water Authority, and the United States Forest Service ( "Land Exchange "); WHEREAS, the Town of Avon ( "Town ") adopted its support of the multi -party land exchange and preservation of two parcels of United States Forest Service lands as open space by adopting Resolution No. 11 -12 A RESOLUTION REPEALING RESOLUTION 11 -09 AND APPROVING A NEW RESOLUTION BY THE AVON TOWN COUNCIL SUPPORTING A MULTI -PARTY LAND EXCHANGE LOCATED IN THE WHITE RIVER FOREST IN EAGLE COUNTY AND RECOMMENDING EXCEPTIONS TO THE CONSERVATION EASEMENTS ON THE WEST AVON PARCEL AND THE VILLAGE PARCEL and Resolution No. 12 -14 A RESOLUTION SUPPORTING THE MULTI -PARTY LAND EXCHANGE LOCATED IN THE WHITE RIVER NATIONAL FOREST IN EAGLE COUNTY; WHEREAS, pursuant to the terms of the Land Exchange, the Town is to acquire two parcels of United States Forest Service lands, grant easements to Holy Cross Energy, grant a conservation easement to the Eagle Valley Land Trust ( "EVLT "), and enter into several intergovernmental agreements with various parties as further described herein; WHEREAS, and Section 2.1 of the Avon Home Rule Charter provides that the Town Council may acquire real property and grant interests in real property and Section 16.2 of the Avon Home Rule Charter authorizes the Town Council to approve intergovernmental agreements; WHEREAS, the Town is acquiring from the United States Forest Service the West Avon Parcel containing approximately 478.2 acres within the Town of Avon and the East Avon Parcel (aka the Village Forest Service Parcel), containing approximately 85.99 acres in Eagle County; WHEREAS, the Town seeks to grant to Holy Cross Energy one Right-of-Way Easement for electric transmission lines and one Right -of -Way Easement for access to the lines ( "Holy Cross Easements ") attached hereto as Exhibit C: Holy Cross Right -of -Way Easement and Exhibit D: Holy Cross Right -of -Way Easement; Ord. No. 13 -01 Implementing Land Exchange I+INAL Page 1 of 5 WHEREAS, the Town seeks to grant to the Eagle Valley Land Trust a conservation easement on the West Avon Parcel and to execute the conservation easement attached hereto as Exhibit E: Deed of Conservation Easement West Avon Parcel ( "Conservation Easement ") and accompanying Management Plan attached hereto as Exhibit F: Management Plan ( "Management Plan "); WHEREAS, § 38- 30.5 -101, et. seq., Colorado Revised Statutes, provides authority to grant conservation easements for the protection of open land, environmental quality and life- sustaining ecological diversity; WHEREAS, the Town Council finds that granting the Conservation Easement will promote Goals H.l and I.1 of the Town of Avon Comprehensive Plan and will thereby promote the health, safety and general welfare of the Avon community; WHEREAS, pursuant to §29 -1 -201 and §30 -11 -101, Colorado Revised Statutes, as amended, Article XIV, Section 18, of the Colorado Constitution, and Section 16.2 of Avon Home Rule Charter the Town may enter into intergovernmental agreements; WHEREAS, the Town seeks to execute an intergovernmental agreement with Eagle County, attached hereto as Exhibit G: Intergovernmental Agreement Between the County of Eagle and the Town of Avon; WHEREAS, the Town seeks to execute an intergovernmental agreement with Eagle County, attached hereto as Exhibit H: Intergovernmental Agreement Between the County of Eagle, the Town of Avon, and Berry Creek Metropolitan District Regarding Maintenance of West Avon Property and Related Trails; WHEREAS, the Town Council finds that all actions in this Ordinance are related to and necessary for the implementation of the Land Exchange and therefore all actions are confined to a single subject and this Ordinance is in compliance with Section 6.2 of the Avon Home Rule Charter; WHEREAS, a public.hearing was conducted in accordance with Section 6.5(d) of the Avon Home Rule Charter on January 22, 2013 and the Town Council considered all comments prior to considering final adoption of this Ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF AVON HEREBY ORDAINS: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Ord. No. 13 -01 Implementing Land Exchange FINAL Page 2 of 5 Section Z. Acceptance of West Avon Parcel and Village Parcel. The Town Council hereby accepts the conveyance of the West Avon Parcel and the Village Parcel substantially in the fonn of the United States Patent attached hereto as Exhibit A: United States Patent for the West Avon Parcel and Exhibit B: United States Patent for the Village Parcel. The Mayor, Town Manager and Town Attorney are authorized to review and approve the final form of the patent or patents to verify that such patent(s) implement the intent of this Ordinance. Section 3. Grant of Easements to Holy Cross Energy. The Town Council hereby approves the grant of Holy Cross Energy Right -of -Way Easement and the Holy Cross Energy Access Right -of -Way Easement attached hereto as Exhibit C: Holy Cross Energy Utility Right -of -Way Easement and as Exhibit D: Holy Cross Energy Access Right -of -Way Easement. Section 4. Grant of Conservation Easement. The Town Council hereby approves the grant of a conservation easement on the West Avon Parcel in the form attached hereto as Exhibit E: Deed of Conservation Easement West Avon Parcel. The Mayor, Town Manager and Town Attorney are authorized to review and approve the final form of legal description and Exhibit D to the Deed of Conservation Easement West Avon Parcel regarding the list of title exceptions to verify that the final form of the Deed of Conservation Easement West Avon Parcel implements the intent of this Ordinance. Section S. Approval of Management Plan. The Town Council hereby approves the West Avon Open Space Management Plan in the fonn attached hereto as Exhibit F: Management Plan. The Town Manager is hereby authorized to administratively approve amendments to the Management Plan in accordance with the terms and procedures for amendments to the Management Plan as set forth in Section 4 of the Deed of Conservation Easement West Avon Parcel provided that any such amendments to the Management Plan comply with the Avon Comprehensive Plan and comply with any trails plan adopted by the Town. Administrative amendments to the Management Plan shall not require adoption of any ordinance or other action by the Town Council. Section 6. Approval of Intergovernmental Agreement with Eagle County. The Town Council hereby approves the intergovernmental agreement between Eagle County and the Town in the fonn attached hereto as Exhibit G: Intergovernmental Agreement Between the County of Eagle and the Town of Avon. Section 7. Approval of Intergovernmental Agreement with Eagle County and Berry Creek Metropolitan District. The Town Council hereby approves the intergovernmental agreement with Eagle County and Berry Creek Metropolitan District in the form attached hereto as Exhibit H: Intergovernmental Agreement Between the County of Eagle, the Town of Avon, and Berry Creek Metropolitan District Regarding Maintenance of West Avon Property and Related Trails. Section 8. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and Town Clerk are authorized to execute documents related to all documents approved in this Ordinance and take such other actions as may be reasonably necessary to implement the actions Ord. No. 13 -01 Implementing Land Exchange FINAL Page 3 of 5 in this Ordinance, including but not limited to designating the order of recording of such documents and executing other necessary and customary documents at closing which have been reviewed and approved by the Town Attorney. The Mayor, Town Clerk and Town Attorney may collectively review and approve the completion of documents, correction of typos, grammatical errors, cross - reference errors, and revisions which do not alter the substantive terms of any of the documents approved in this Ordinance. Section 9. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the teen "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 10. Effective Date. This Ordinance shall take effect thirty days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 11. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 12. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Cleric, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Cleric during normal business hours. [Signature page follows] Ord. No. 13 -01 Implementing Land Exchange FINAL Page 4 of 5 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 22, 2013 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on January 8, 2013. RA OF Rich ar -oil, Mayor Published by postii Cs,prior dhr pu c places in Town and posting at the office of the Town Clerk at least seven to final a on by t he Town Council. ATTEST: Pat M envy, T wn lerk APPROVED AS TO F . Eric J. id, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISII OSTING on January 22, 2013. Rieli'Carrol , Mayor Published by po ng•,by title in afle. t three public places in Town and posting by title at the office of the Town lea(..,, , tkL'"e71. R. ; AT ST: Inc Patty l\enny� 46 ti Clerk �� Ord. No. 13 -01 Implementing Land Exchange FINAL Page 5 of 5