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Dept of Local Affairs Submittal Creating Avon URASherman & Howard L.L.C. Matthew O. Gray Direct Dial Number: (303) 299 -8216 E -mail: mgray @sah.com Ms. Ann Watts Department of Local Affairs 1313 Sherman Street, Room 518 Denver, Colorado 80203 ATTORNEYS & COUNSELORS AT LAW 633 SEVENTEENTH STREET, SUITE 3000 DENVER, COLORADO 80202 TELEPHONE: 303 297 -2900 FAX: 303 298-0940 OFFICES IN: COLORADO SPRINGS RENO• LAS VEGAS• PHOENIX July 19, 2007 Re: Town of Avon, Colorado / Urban Renewal Authority Dear Ms. Watts: In accordance with Colorado Revised Statutes 31 -25 -104, enclosed for filing are the following original documents: 1. Certificate of Formation of the Avon Urban Renewal Authority in the Town of Avon, Colorado; and 2. Town of Avon, Colorado Resolution No. 07 -20. Sincerely, Matthew O. Gray MOG /mm Enclosures 001024.048 BUS—RE \1289241.1 CERTIFICATE OF FORMATION OF THE AVON URBAN RENEWAL AUTHORITY IN THE TOWN OF AVON, COLORADO The undersigned commissioners of the Avon Urban Renewal Authority (the "Authority ") hereby certify as follows: 1. On June 26, 2007, the Town Council of the Town of Avon, Colorado (the "Town "), pursuant to Section 31- 25- 104(1)(b) of the Colorado Revised Statutes ( "C.R.S. "), held a public hearing (the "Hearing ") for the purpose of determining the need for an urban renewal authority in the Town. Prior to the Hearing, the Town Clerk gave notice of the time, place, and purpose of the Hearing by publishing a notice, at least ten days preceding the day of the Hearing, in a newspaper having general circulation in the Town. 2. After the Hearing, the Town Council found that one or more slum or blighted areas exist in the Town, and found that the acquisition, clearance, rehabilitation, conservation, development, or redevelopment, or a combination thereof of such area is necessary in the interest of the public health, safety, morals, or welfare of the residents of the Town, and declared it to be in the public interest that the Authority exercise the powers provided in Title 31, Article 25, Part 1, C.R.S., to be exercised by an urban renewal authority. 3. Pursuant to Section 31- 25- 115(1), C.R.S., the Town Council has designated itself as the Authority. WITNESS our hands as of June 26, 2007. Ro4 Wolfe Brian Sipes Rich arroll Dave Dantas TOWN OF AVON, COLORADO RESOLUTION NO. 07-20 SERIES OF 2007 A RESOLUTION TO CREATE THE AVON URBAN RENEWAL AUTHORITY A RESOLUTION FINDING THAT ONE OR MORE BLIGHTED AREAS EXIST IN THE TOWN AND THAT ACQUISITION, CLEARANCE, REHABILITATION, CONSERVATION, DEVELOPMENT, OR REDEVELOPMENT, OR COMBINATION THEREOF OF SUCH AREAS IS NECESSARY, DECLARING IT TO BE IN THE PUBLIC INTEREST THAT AN URBAN RENEWAL AUTHORITY BE CREATED AND EXERCISE THE POWERS PROVIDED BY STATE STATUTES, CREATING- THE AVON URBAN RENEWAL AUTHORITY, AND DESIGNATING THE TOWN COUNCIL AS THE COMMISSIONERS OF THE AUTHORITY WHEREAS, a petition bearing the required number of signatures has been duly filed with the Town Clerk of the Town of Avon (the "Town ") setting forth that there is a need for an urban renewal authority to function in the Town; and WHEREAS, the Town Clerk has caused notice of the time, place and purpose of a public hearing to be held concerning the need for the establishment of such an urban renewal authority to be published on June 14, 2007, in the Eagle Valley Enterprise, a newspaper of general circulation in the Town; and WHEREAS, at said hearing, evidence was presented that supports the findings contained herein that certain areas of the Town are presently in a blighted condition and are in need of acquisition, clearance, rehabilitation, conservation, development, or redevelopment, or a combination thereof, and WHEREAS, at said hearing all residents and taxpayers of the Town and all other interested persons were given a full opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: The Town Council hereby finds as follows: a. One or more blighted areas exist in the Town, which, in their present condition and use, and, by reason of the following factors, substantially impair or arrest the sound growth of the Town, and constitute an economic or social liability, and are a menace to the public health, safety, morals, or welfare: Slum, deteriorated, or deteriorating structures; ii. Predominance of defective or inadequate street layout; iii. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; iv. Unsanitary or unsafe conditions; V. Deterioration of site or other improvements; vi. Unusual topography or inadequate public improvements or utilities; vii. The existence of conditions that endanger life or property by fire or other causes; viii. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; ix. The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements b. The acquisition, clearance, rehabilitation, conservation, development, redevelopment, or a combination thereof, of such blighted areas within the Town is necessary in the interest of the public health, safety, morals, or welfare of the residents of the Town. 2. The Town Council hereby declares that it is in the public interest that an urban renewal authority for the Town, created pursuant to Part 1, Article 25, Title 31, Colorado Revised Statutes (the "Urban Renewal Law "), exercise the powers provided therein to be exercised by such authority. 3. Pursuant to the Urban Renewal Law, there is hereby created an urban renewal authority to be known as the Avon Urban Renewal Authority. The Authority is hereby vested with all of the rights contained in and is authorized to carry out all of the duties and functions as provided in the Urban Renewal Law, as now existing or as amended hereafter. 4. The members of the Town Council, as from time to time in office, shall constitute the Commissioners of the Authority. The Mayor is hereby designated as the Chairman of the Authority. The terms of the Commissioners of the Authority shall coincide with the terms of office of the members of the Town Council. 2 ADOPTED this 26th day of June, 2007. 3 TOWN VON, COLORADO Ronald C. Wolfe, M yo: k } If ATTEST: 3 TOWN VON, COLORADO Ronald C. Wolfe, M yo: STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) I, Patty McKenny, the duly elected, qualified and acting Town Clerk of the Town of Avon, Colorado (the "Town ") do hereby certify: 1. That the foregoing pages are a true, correct, and complete copy of a resolution (the "Resolution ") concerning the Avon Urban Renewal Authority, adopted by the Town Council (the "Council') of the Town, at a regular meeting of the Council held at the Town Municipal Building on June 26, 2007. 2. The Resolution was adopted at an open, regular meeting of the Council on Tuesday, June 26, 2007 by an affirmative vote of the members of the Council as follows: Name "Yes" "No" Absent Brian Sipes ✓ Richard Carroll Dave Dantas ✓ Kristi Ferraro Amy Phillips Tamra Nottingham Underwood ✓ 3. The Resolution has been signed by the Mayor, sealed with the corporate seal of the Town, attested by me as Town Clerk, and duly recorded in the books of the Town; and that the same remains of record in the book of records of the Town. 4. Notice of the regular meeting of June 26, 2007, in the form attached hereto as Exhibit A, was posted in a designated public place within the boundaries of the Town no less than twenty -four hours prior to such meeting and was published in The Eagle Valley Enterprise, a newspaper of general circulation in the Town, at least 10 days prior to the hearing, all as required by law. IN VWITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this ;ZO day of June, 2007. a(S AL) S E:. . L, OL005 BUS RE \1264238.1 r� G �f To 77k EXHIBIT A (Attach Notice of Meeting) PUBLIC NOTICE OF HEARING ON THE CREATION OF AN URBAN RENEWAL AUTHORITY IN THE TOWN OF AVON, COLORADO PUBLIC NOTICE IS HEREBY GIVEN that, pursuant to Section 31 -25 -104, Colorado Revised Statutes, the Town Council of the Town of Avon, Colorado (the "Town ") will hold a public hearing on June 26, 2007, at 5:30 p.m. at the Avon Municipal Building, which is located at 400 Benchmark Road, Avon, Colorado 81620. The hearing will be held for the purpose determining the need for an urban renewal authority in the Town. At the hearing, all residents and taxpayers of the Town and all other persons will be granted a full opportunity to be heard. DATED, this 22nd day of June, 2007. If you require additional information, please call the Town Clerk's Office at (970) 748- 4035. Avon Town Clerk Published once at least ten days preceding June 26, 2007, in the Eagle Valley Enterprise, a newspaper of general circulation in the Town. .I- V I rH N M O Q a W O W O a A O 0 O d v� a d w w z O U N V >, K= O O � .! i� �Q�••Otago* � of ai O � • � � +' y ip. O O W a •:o o � o }s 'd -v Q) o Cd to cla :d C ca Q 4.) ¢ >' U c0 j3° c W ° Cc- y 4+ G O ° �J p Q O cd .O Cis .� � 1 a a 3 t j a� 0> 4" N O> N cd N U Y N 4, C3V Cd °�3°' 'OV] tiaCO- o v -o cv w R rn o ca to h °� ., a. cz cotw � ° o a CO b a? .� �, .ti o a, '� .a E o . 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