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HomeMy WebLinkAbout2008-30 PROOF OF PUBLICATION STATE OF COLORADO } SS. COUNTY OF EAGLE I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 12/6/2008 and that the last publication of said notice was in the issue of said newspaper dated 12/6/2008. In witness whereof has here unto set my h this 15th day of December, 2008 Publisher/G2i fal a an ger/EEic itor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 15th day of, ber, 2008. Pamela Joan Schultz Notary Public My Commission expires: November 1, 2011 'i N 0 ORDINANCE NO. 30 reason hel SERIES 2008 effect the AN ORDINANCE AMENDING TITLE 1, CHAP- ordinance; would have TER 3, SECTION 2 OF THE VAIL TOWN CODE section, st BY THE ADDITION OF THE DEFINITION OF THE thereof, re< WORD "PUBLICATION"; AND SETTING FORTH parts, secti DETAILS IN REGARD THERETO. phrases be WHEREAS, the Town of Vail, in the County of Ea- Section 3.' gle and State of Colorado (the "Town"), is a home Town Code rule municipal corporation duly organized and ex- affect any isting under laws of the State of Colorado and the posed, any Town Charter (the "Charter"); and fective datt WHEREAS, the members of the Town Council of nor any oth under or bl the Town (the "Council") have been duly elected amendmer and qualified; and vive any pr WHEREAS, Section 4.10 of the Charter requires pealed or herein. Publication of ordinances upon their introduction and adoption; and Section 4.F WHEREAS, the Charter does not define what is nances, or repealed to required by "publication;" and This repeal WHEREAS, the Council understands that more bylaw, orde of, theretofc and more citizens are receiving information through the World Wide Web than through traditional Section5.T newspapers; and and declare WHEREAS, the provisions of this ordinance pro- proper for I Town of Val vide for the greatest dissemination of information to the citizens of the Town regarding matters of pub- INTRODUC lic concern; and PROVED, A WHEREAS, the Council considers it in the interest FULL ON F cember, 2C of the public health, safety, and welfare to adopt this amendment to the Vail Town Code. reading of t December, NOW, THEREFORE; BE IT ORDAINED BY THE Vail Municip TOWN COUNCIL OF THE TOWN OF VAIL, Richard Cie% COLORADO,THAT: Ion 1.Title 1, Chapter 3, Section 2 of the Vail Attest: Lorelei Dona Town Code is hereby amended by the addition of the definition of the word "publication" which shall Published i read as follows: (2668408) Publication, publish or Published: For the purposes of the Town Char- ter and this Code, except Published:where publi- cation in a newspaper is specifically required by the Charter, an ordinance or state statute, the term "publication", "publish" or "published" shall mean posting on the Town of Vail web site. If, for any reason, publication on the Town's web site cannot be accomplished "publication", "publish" or "pub- lish ad" shall mean a minimum one (1) of the fol- lowing two (2) methods: (1) physical posting at the Town of Vail Municipal Building; or (2) publication in a newspaper of general circulation in the Town of Vail. Section 2.if any part, section, subsection, sen- tence, clause or phrase of this ordinance is for any OF pjJ,6tjCATION PROOF OF COLOV SS. ST,,TE UN E,'GLE same Daily CO TY OF Vail Daily. That the eneral of the Colorado, and has a g resentative State of in said County of ualified rep 0f Eagle, and uninterruptedly eyed legal swear that I am a q the County of the ann as rt and published in Continuously first publication advertisement do solemnly been published riot to the once and 1, Steve POpe� in whole 0r in pa has weeks next p nested legal n newspaper printed, newspaperthe req III that saidtwo consecutive ubiisned circulation ape" of more than fifty-two a er has under Colorado's Eagle for a p that sata newsp p o crating notice or advertisement and only for jurisdictions P requested. ising medium, numb of ted legal advert o f every rum . an accep ular and entire issue was in The Vail Daily the reg of said notice provision. was published in ublication of said Rome Rule p in the issue al notice or advertisement and that the firs p publication of said notice was That the annexed leg consecutive insertions' daily newspaper for the period of 1 d that the last p said a er dated 12120(2008 an ber, 2008 the issue of said newsp P hand this 15th day of Decem newspaper dated 1212012008. witness whereof has here unto sit my In erlEditor pu' ish r1CJeneral Manag ublic in and for the County of Eagle, State of Colorado this 15th d and sworn to before me, a notary p Subscribe 2008. d:P;; b��3.S ONARYultz 0. 0 N Notary Public 2p11 �,� A iur'n1-�C' Q�o Tres: November 1, My Commission exp o���fior- co� ��. ORDINANCE Nb. 33 SERIES 2008 AN ORDINANCE AMENDING SECTION 11-7-10, OPEN HOUSE SIGNS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. North Frontage Road, South Frontage Road, Bighorn Road, and Interstate 70 right-of-ways. c. Vehicular directional open house signs are prohibited within any designated public pedestrian area. d. Vehicular directional open house signs are prohibited on private property without the consent of the property owner. WHEREAS, on November 4, 2008, the Vail Town Council directed the Community Development Department to prepare amendments e. Vehicular directional open house signs shall not obstruct any public street, sidewalk, recreational path or any public to the Town of Vail Sign Regulations to update the Town's regulation open house signs; and, snow removal operations. WHEREAS, on December 8, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and 4. Area: The matunwm-stgn area of any single sign on -site open house sign or vehicular directional open house sign shall not reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Sign exceed three (3) square feet. Regulations in accordance with the procedures and criteria and findings outlined in Section 11-3-3 of the Vail Town Code, and, 5. Height: The height of the sign -any single on -site open house sign or vehicular directional open house sign shall not exceed ' WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted five feet (5') as measured from the top of the sign to and the grade at the base of the sign. goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2008, 6. Display Duration: _ , _ _.._.. ,,,, ,,,. „ ,,,,,y dur;ny ILc crc.-. cr I , whiehev and the evidence and testimony presented; and, per;J /.. Y;,,,o ,„h,,,ier. WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Sign Regulations, based upon Section VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VII of the Staff memorandum dated December 8, 2008; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 11-2-1, Definitions, Vail Town Code is hereby amended as follows (Text that is to be deleted is stricken. Text that is to be added is bold. Sections of text that are not amended may be omitted ) OPEN I lGUSE&r_N AA o,y„ o OPEN HOUSE: The period of time during which a specific for -sale or for -rent property is open for viewing by potential buy- ers or renters with the realtor, broker, owner, or other similar agent present on the property. OPEN HOUSE SIGN, ON -SITE: A temporary sign advertising an open house for the property on which the sign is located. OPEN HOUSE SIGN, VEHICULAR DIRECTIONAL: A temporary sign directing vehicular traffic to an open house. Section 2. Section 11-7.10, Open House Signs, Vail Town Code is hereby amended as follows (text to be deleted is in striketh- rough, text that is to be added is bold): - a -r-hz;;,a: c, .: J-,,c:�-r c,,:./., „r-„ :vhieh ilk., ,a . nigrlo...i—I W41�be-subjeette-t1� �: A. Description: Signs advertising and directing vehicular traffic to an open house are subject to the following: 1. Type: The sign may be freestanding or a wall sign. 2. Quantity Number: There shall be a maximum of one sign on the property where the open house is being conducted and one three (3) vehicular directional sign off -site. 3. Location: a. An on -site open house sign shall be located on the specific property being shown, and shall not be located off -site (including at real estate offices). b. Vehicular directional open house signs are prohibited within the Colorado Department of Transportation's (CDOT's) a. On -site open house signs and vehicular directional open house signs may be displayed up to one (1) hour before the beginning of the open house and must be removed no later than one (1) hour after the conclusion of the open house. b. On -site open house signs and vehicular directional open house signs may only be displayed between 8:OOAM and 8:OOPM on a daily basis. c. On -site open house signs and vehicular directional open house signs shall not be displayed for more than three (3) consecutive days. 7. Design: Not subject to design review 8. Lighting: Not permitted. 9. Special Provisions: No flags, pennants, banners, bunting, balloons, any other similar items may be attached to an on -site open house sign or a vehicular directional open house sign. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other faction or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of December, 2008 and a public hearing for second reading of this Ordinance set for the 6th day of January, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk The Published in the Vail Daily December 20, 2008. Saturday, January 10, 2009 � C23 Without the consent of the Property owner. rohibited on Private property Path Or any public directional open house signs are P recreational V hicutar ct any public street, sidewalk, Com d. e 49.0555 t} vafldallY Open house signs shall not obs ru en house sign shall not VA1L DAILY It 970,9 a, Vehicular direceretions ORDINANCE NO .33 snow removal op nor vehicular donalirectional op 1'�E SERIES 2008 area of any single sign on - site open house sig VAIL TOWN CODE, AND SETTING FORTH DETAILS IN a. Area: The three (3) square feet. n house sign shall not exceed OPEN HOUSE SIGNS, are amendments exceed n house sign or vehicular directional open REGARD THERETO• any single on -site open the grade at the base of the sign. AN ORDINANCE AMENDING SECTION 11-7-1D, Development [)apartment to prep of the sign to and 5, Height: The height of the sign , house signs; and, five feet (5') as measured from the top WHEREAS, on November 4, 2008, the Vail Town Council directed the pemmurnty and 6. Display Duration: la up to one (1) hour before the to the Town of No Sign Regulations to update the Town's regulation open o osed text amendments to the Sign be disp Y en house. the Plan and Environmental Commission o the Town of Vail t aTVld a Town ��� and, conclusion of the open r 8, 2008, royal to the Vail Town Council for the proposed f hour after the rA la between B:OOAM and WHEREAS, on Decembe s outlined in Section 11-3-3 of the en house signs and vehfcular directional open house signs me only be disp Y a• On -site op n house signs may rocedures and criteria and finding applicable elements of the adopted of the open house and must be removed al later than one rev ad and forwarded a with th endat on of approval ment objectives ofthe 008 beginning Regulations in accordance with the p compatible with the develop b pn-site open house signs and vehicular directional open displayed for more than three (3) rehensiva Plan and is comp mmfssfon dated December 8, basis. ns shaft not be WHEREAS, and Environmental Co 8:00pM on a daily n house sig the Town Council ot esloutaned naheeVail Cndummo the PlannI e amendments are consistent with the goals, objectives and poi es of the Sign c On site open house signs and vehicular directional ope Town, based upon Section VII of the sented and ra general and specific purees -fiber 8, ,,,,,dssron dated Deca "ti consecutive days - and the evidence and testimony p and Environmental Co subject to design review. the Town Council finds and determines that the amendments further t e g 7 Design: Not WHEREAS, Section VII of the Staff ma d randum to the planning orals, and general welfare, be attached to an on c Regulations, based uponresented; safety, m enhances its htfng: Not permitted. an other similar items may amendments promote the health, r that conserves and enhan 8. Llg banners, bunting, balloons' y 2008, and the evidence and testimony p on Section s, pennants, nfous development of the Town in a manna 9. SP of the highest quality, based up eoial provisions: No flag reason held to be nvand, such WHEREAS, the Town Council finds and determines that the ame open house sign or a vehicular drrectionai open house Sig declares it would have Promote the coordinated and harmo one or of the Town and p sentence, clause or phrase of this ordinance is for anyardless of the fact that any 2008; and, OF VAIL> COLORADO, THAT: It any part, section, subsection, portions of this ordnance; and the Town Council hereby natural environment and its established character as a resort and residential community action 3 hides thereof, rag Text part, section, subsection, sentence, clause or p VII of the Staff memorandum dated December 8, hrases be declared invalid. decision shalt not effect the validity of the remafnmg P ro er for the health, OWN passed this ordinance, and each , clauses or p and p P NOW, THEREFORE, amended as follows (Text that is to be deleted is fin_ sections, subsections, sentences, BE R ORDAINED 13Y THE TOWN COUNCIL OF THE T be omitted.) more parts, ecllon 1. Section ,1 2-1 Definitions, Vail Town Code m hereby The Town Council hereby fight which has of text that are not amended may finds, determines and declares that this ordinance is "cress any that is to be added is bold. Sections potential buy on 4. nor any other is Open for viewing by Po provided in this hereof, any Pr secut on commenced, safely and welfare of the Town of Vail and the inhabitants t ere � rowsion hereby shall not Pro of the Town Code as critic for sale or for -rent Property The amendment of io' Pon that occurred Prior to the effective date hereof,amendment Of I any any p ant resent on the p f>e Sept on 5. du .imposed, any virtue of the provision amended. The essI stated herein, p per of time during which a other sfmflar agent P property on which the sign is located. accrued, any OPEN HOUSE: The ps broker, owner, for the prole roceeding as commenced under or by repealed or superseded unless exp action or p ordinance Previously p thereto- ers or renters with the realtor, Drat sign advertising an open hours o en house. revive any provision or any or art thereof, N ON -SITE: A temporary vehicular traffic to an P or arts theefeoo , i order I eaclution oir o d'nanpealedPo the extent Only o OPEN HOUSE SIG A temporary sign directing All bylaws, orders, resolutions and ordinances P Sit--1O� 6' This repealer hail not be construed to revise anybylaw, VEHICULAR DIRECTIONAL: amended as follows (text to be deleted is in str keth such inconsistency. OPEN HOUSE SIGN, signs, Vail Town Code Is hereby fore repealed. of January, 2009, n the Open House Sig gthe AND ORDo REDhis OrdBance set for theCE l6lh day N FULL ON FIRST READING this motion Section 11-7-10, p READ ON FIRST READING, . toOsecond reading rough, text that is to be added is bold): INTRODUCED, 2ooa and a public hearing ;ath day of December, the following: Council Chambers of the Vail Municipal Building, Vail, Colorado. f l fellow ng vehicular traffic to an open house are subject to D_ Cleveland, Mayor I and directing Richard A. Description: Signs advertising or a wall sign. being conducted and sne three Attest: of January 2009. )per) house is b 9 1onaldson, Town Clerk 1. Type; The sign may be freestanding n on the property where the P Lorelei L. There shall be a maximum of one rig ,, ;ND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 61h a 2 Quantity Number: signs off-sfte. v READ A (3) vehicular directional sig _ Htchard D. Cleveland, Mayor specific property being shown, and shaft not be located Ole-ei� . ,•' 3. Location: Attest: house sign shaft be located on the spat �rlaUon's (COOT'$) Lorelei Donaldson, Town Clerk a. An on opent of Trans 10, 2009• at real estate offices). within the Colorado Depar►1 (including signs are prohibited ht-of-ways• Published in the Vail Daily January`���r... n house lit horn Road, and Interstate 70 ri9 Road, tl nated public pedestrian area. b• Vehicular geeeRtoad, South Frontagen desig _ -- North Frontag prohibited with'" any _ c. Vehicular directional Open house signs are a LXCSly 0� �B O gOOF OF COtiO0D ASS. the same Deneral Th a O ��GI,E the fail Daolorado,. *Sald cova e1 ga O entati�e °f gtate °�ptedl afihe annexe ent as repres of�agle, unin tton verbs H . lam a Aced in tl1e C° ontynnovsl`Itb fTTst p ablri Lice and ad swear that d publish ublished ext prior toUested leg olorado's lemnl� in pavt an s been p weeks n the TeA der C ers, do s° IN or aper ha secutive Ubbshed ns eratin un her of Don lZog Tinted, in said newsp two cOn apex leas p dlctio op �newsxz�lpapon there d f m mat aTd ne``lsp •nn�1 °°ly f o� e issue of e"e� n" � was in Eagle f oT a d e �sement ��ertls�ng'medT egnlaT and entTTTcation Of said n°SSAe of sz: CeAcestea n acceptea,e$a` a s published in the that the first pa notice was in the wvv The V Wk �e pr°�TS oo� e °T ad�extise'z'ene dve inseztio st pUblicatlon of Sal 2009 Kovtje L legal notTc d of j cons that the la of 1an,,ary ghat the annex sd apeT for the peated 111012�09 a"d hand this ZZ"d da`I new p et d vat') het roy ii ap �h said d� of said Ile , ,1009• of has here .. erlEditor d "t the apeT dated in,�itness `NheTe eYlGeneTa�Manag �oloTado t�,s Ili newsy publish f Eagle Smote °f and for the Coun�3 0 nblic in worn to before rice, a notary p ribed ands �. 'CJ'%C! Subs a of 3anuary 2009 � �°� ���Py dy PamelasoanYA�fgchu be 1,2p11 ��Q�0 b rotary m�ss,On expires My C°m �— ORDINANCE NO.29 SERIES OF 2008 PROOF OF PUBLICATION AARDINANCE MAKING SUPPLEMENTAL STATE OF COLORADO } APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND SS. DEBT SERVICE FUND OF THE 2008 BUDGET COUNTY OF EAGLE FOR THE TOWN OF VAIL, COLORADO; AND } AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily WHEREAS, contingencies have ada.tduring newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general the fiscal year reasonably foreseesee which could not been n or anticipated 6jr.1he Town Council at the. time it enacted Ordinance No. 29, circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Series of 2007, adopting the 2008 Budget and Fi- nancial Plan for the Town of Vail, Colorado; and, Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal WHEREAS, the Town Manager has certified to notice or advertisement and that said newspaper has published the requested legal notice and advertisement as •`Town charge there appropriations funds are avail- �l g a to discharge ppropriations referred to requested. herein, not otherwise reflected in the Budget, in ac- cordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the forego - The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's ing, the Town Council finds that it should make certain supplemental appropriations and budget Home Rule provision. adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COL - That the annexed legal notice or advertisement was published in the regular and entire issue of eve ry er onumbf rursu that: 1:Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in Council hereby makes the following supplemental appropriations and budget adjustments for the 2008 Budget and Financial Plan for the Town of the issue of said newspaper dated 12/20/2008 and that the last publication of said notice was in the issue of said Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: newspaper dated 12/20/2008. General Fund $ 828,077 aal Projects Fund 20,000 Estate Transfer Tax Fund (88,832) Debt Service Fund 35.000 Taal $ 792,246 In witness whereof has here unto set my hand this 15th day of December, 2008 2. If any part, Win, subsection, sentence, clause or phrase of ttwt ordinance Is for any reason held to be Invalid, such decision shall not affect the validi- �LLlc L rtn ryry of the remaining portions of this ordinance; and tha Town -Council hereby declares it would have Pu isher/General Maria er/Editor pasead Vie ordinance, end each part, section, sub- g seWon, �ctause or phrase thereof, re- gardless of the that any one or more parts, pections,.Subsections,'sentences, clauses or Jollies be dwiared Invalid. .�Jtjfh. town, Council hereby finds, determines, and Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 15th declares that this ordinance is necessary and er for the health, safety, and welfare of the day of D ember, 2008. Cn of Vaff and the inhabitants thereof. 4.The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail /7�,�t S/19ra whided in ch has thiaccrued�any duty imposed, ny vance shall not affect Y v L r {,�J l.� fiation that occurred prior to the effective date Pam a Joan Schultz �v G hereof, any prosecution commenced, nor any oth- er Public ` •+y virtue actionor proceedings as commenced under or ►vo�R Y � bvirtueue of the provision repealed or repealed and v V V reenacted. The repeal any provision hereby shall not revive any provision n or any ordinance pre- viously repealed or superseded unless expressly My Commission expires: November 1, 2011� pp� stated herein. PUBLIC a " 5.AN bylaws, orderg, resolutions, and ordinances, Q o��or parts thereof, inconsistent herewith are re- rp of such �of- COC Q� ��tTW repealer shall not le inconsistency. construed ed to revise any ORDINANCE NO.30 tion in a newspai SERIES 2008 Town of Vail. PROOF OF PUBLICATION ii AN ORDINANCE AMENDING TITLE 1, CHAP • on If any STATE OF COLORADO f TER 3, SECTION 2 OF THE VAIL TOWN CODE sentence, clause r BY THE ADDITION OF THE DEFINITION OF THE any reason held tr WORD "PUBLICATION-; AND SETTING FORTH not effect the vali( SS. DETAILS IN REGARD THERETO. this ordinance; a i declares it would h COUNTY OF EAGLE } WHEREAS, the Town of Vail, in the County home each part, section, gle and State of Colorado (the "Town'), is a hphrase thereof, rec rule municipal corporation duly organized and ex- or more parts, sec istin under laws of the State of Colorado and the clauses or phrases Town Charter (the "Charter'); and ��n 3 The ame swear that I am a qualified representative of the Vail Daily. That the same Day WHEREAS, the members of the Town Council of Town•Code as prop I, Don Rogers, do solemnly in the Cty of Eagle, State of Colorado, and has a general the Town (the "council') have been duly elected affect any right w and qualified; and imposed, any viola newspaper printed, in whole or in part and publishe ublished continuously and uninterruptedly in said County effective date hereo WHEREAS, Section 4.10 of the Charter requires nor any other actior circulation therein; that said newspaper has been p publication of ordinances upon their introduction under or by virtue o eriod of more than fifty-two consecutive weeks next prior to the first publication of the annexed ega and adopbon;and amendment of am Eagle for a p ublished the requested legal notice and advertisement as revive any proviaioi WHEREAS, the Charter does not define what is repealed or supers notice or advertisement and that said newspaper has required by "publication;" and herein. requested. r WHEREAS, the Council understands that more Section 4.AII bylaws and more citizens are receiving information through nances, or parts thei only for jurisdictions operating under Colors O s the World Wide Web than through traditional repealed to the exte newspapers; and This repealer, shall n The Vail Daily is an accepted legal advertising medium y J bylaw, order, resol WHEREAS, the provisions of this ordinance pro- thereof, theretofore r( Home Rule provision. vide for the greatest dissemination of information to number of the citizens of the Town regarding matters of pub- lion .The Coun lic concern; and and declares that thl, roper for the healtl That the annexed legal notice or advertisement was published in the regular and entire issue o eve W the public health, safety, and welfare i adopt this amendment al the Vail Town Code. INTRODUCED, RE s paper for the period of 1 consecutive insertions; and that the first publication of said th ISSUe Of said WHEREAS, the Council considers it in the interest APPROVED, AND OF said daily new p p NOW, THEREFORE, BE IT ORDAINED BY THE IN FULL ON FIRST TOWN COUNCIL OF THE TOWN OF VAIL, December, 2008 and the issue of said newspaper dated 1i10/2009 and that the last publication of said not was COLORADO, THAT: reading of this Ordim December, 2008, in tl Section (.Title 1, Chapter 3, Section 2 of the Vail Vail Municipal Building newspaper dated 1/10/2009. Town Code is hereby emended by the addition of the definition of the word "publication" which shall Richard Cleveland, Toy 2009 _ read as follows: hand this 22nd day o January, Attest: In witness whereof has here unto set my 1 Publication, publish or For the purposes of the Lorelei Donaldson, Tov �f Town Charter and this Code, except Published: where publication in a newspaper is specifically re- READ AND APPROVE quired by the Charter, an ordinance or state slat- AND ORDERED PUBI ute, the term "publication", "publish" or "published" uary, 2009. Publisher/Gener Manager/Editor shall mean posting on the Town of Vail web site. If, Riche for any reason, publication on the Town's web site Attest: cannot be accomplished "publication", "publish" or Lorelei Donaldson, Tow "published" shall mean a minimum one (1) of the following two (2) methods: (1) physical posting at Published in the Vail sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 22nd the Town of Val i Municipal Budding; or (2) publics- . (2829264) Subscribed and day o nuary, 2009. Pamela Jlan Schultz Notary Public �{4�A®iARY G<N My Commission expires: November 15 2011 O PUBLIC