The URL can be used to link to this page

Home My WebLink About1975 Resolutions• ~ INDEX OF RESOLUTIONS #I A Resolution concerning the Recreational 1975 Amenities Tax due for the development within special develnpmnnt district 1 (SD 1). Passed:l/7/75. #2 A Resolution urging passage of House Bill 1.975 1092 by the Colorado General Assembly, known as the Land Use Planning and Urban Service Act of 1.975. Passed: 2/4/75. #3 A Resolution approving a commercial develop- 3.975 ment and sports facility project for VA, Inc. making findings and authorizing bond financing in connection therewith, and authorizing representatives of the Town to take action incidental thereto. Passed: 3/1.8/75. #4 A Resolution authorizing the transfer of funds in the 1975 Y amount of $130,000 for planning and designing on the Antholz property. Passed: 4/15/75. #5 A Resolution authorizing a second transfer of Funds in 1975 the amount of $8,342.50 from a contingency fund for additional expenses incurred in the construction of the Town of Vail/Eagle County Animal Shelter. ,Passed: 4/15/75. #6 A Resolution calling a Special Municipal Election to be 1975 held October I4, 1975, regarding General Obligation Bonds not to exceed $1,160,000, Passed: 9/9/75. #7 A Resolution appointing judges and clerks at the Special 1975 Municipal Election to be held October I4, I975. Passed: 9/1&/75. #8 A Resolution directing compliance by the Town Clerk of 1975 the Federal Voting Rights Act of .1965, as amended, concerning bilingual election materials, in connection with the October I4, 1975 Special Municipal Election. Passed: 9/I6/7S. #9 A Resolution authorizing the lease of 9/16/75 between the 1975 Town of Vail and Eagle County School District for the site of a public elementary school in the municipality. Passed: 9/16/75. #IO A Resolution concerning the Gymnasium of the public I97S elementary school in Vail/Potato Patch. Passed: 9/16/75. #1l A Resolution of intent to annex an area generally 1975 north of and west of the Town of Vail to the Town through an annexation election. (Lions Ridge) Passed: 10/7/75. #IZ A Resolution concerning the public sale of General 1975 Obligation Bonds in the amount of $S&0,000. Passed: 10/21/75. #13 A Resolution designating Care Week in Vail. Passed: 11/4/75 I97S #I4 A Resolution supplementing Ordinance No. I7, relating I97S to VA Industrial Bands and determining rates of interest regarding bonds in the amount of $3,500,000. Passed: 11/4/75. INDEX OF RESOLUTIONS #15 A Second Resolution regarding the proposed annexation 1975 of an area generally north of and west of the Tawn of Vail to the Town through an annexatian election. Passed: Z1/IZ/75. #16 A Resolution regarding the sale of General Obligation 1975 Bonds in the amount of $860,000. (See Ordinance File: Proceedings of Bond sale for original of Resolution) Passed: 11/.I8/75. ~t'7 ~P..S~ru~i r~x. ~~ "T`"h ~. r~2,~x.~.t`1>rnp~r-~- o~ ~~~ e 5~ c~~ a..P T~ ~~-/ err~ey. /U i ~ ~, ': RESOLUTION N0. 1 Series of 1975 A RESOLUTION CONCERNING THE RECREATIONAL AMENITIES TAX DUE FOR THE DEVELOPMENT WITHIN SPECIAL DEVELOPMENT DTSTRTCT 1 (SDl) WHEREAS, the Planned Unit Development Permit issued by the Town of Vail, Colorado, to Shamrock-Vail, Ltd., devel- oper of the Sunburst project in Special Development District 1 (SDl}, states in Paragraph III4 that the permittee will nego- tiate with the Town Council regarding the amount of the recrea- tion fee due for each phase of said project; WHEREAS, said recreation fee was superseded by the recreational amenities tax through the enactment of Ordinance No. 2, Series of 1974; and WHEREAS, negotiations engaged in by Shamrock-Vail, Ltd., and the Tawn Council have resulted in an agreement concerning the recreational amenities tax due for the Sunburst project, the terms of which are herein set forth; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Concerning Recreational Amenities Tax for Development in SD1". Section 2. Recreational Amenities Tax for Develop- ment in Special Development District 1 {SD1}. Pursuant to Paragraph III4 of the Planned Unit Devel- opment Permit issued by the Town of Vail, Colorado, to Shamrock- Vail, Ltd., and Section 13.300 of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado., as amended, the recreational amenities tax due for the Sunburst project in Special Development District 1 {SDl) under Ordinance No. 2, Series of 1974, of the Town of Vail, Colorado, shall be deter- mined and paid as follows: Deputy Tb n Clerk i ~~ ~_ Res. 1, 1975 Page 2 A. The recreational amenities tax shall be assessed at the rate of $0.75 per square foot of gross residential floor area or commercial floor area. B. A credit not to exceed 75 per cent of the tax assessment shall be allowed in accordance with Ordinance No. 2, Series of 197. C. The net tax due on Phase 1 of the Sunburst project shall be paid to the Department of Finance of the Town prior to the issuance of a Certificate of Occupancy for said phase. D. The net tax due on each subsequent phase of the Sunburst project shall be paid to the Department of Finance of the Town prior to the issuance of a building permit for said phase. E. In the event an amended development plan for the Sunburst project is approved by the Town Council the tax assess- ment and credit established herein may be amended to an appro- priate extent. Section 3. Supplement to Approved Development Plan. This resolution sha11 be a supplement to the approved development plan for the Sunburst project in Special Development District 1 (SDl). Section 4. Effective Date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 7th day of January, 1975. ATTEST: lle i P ~~~. ,y ~ • ~~ RESOLUTION NO. 2 Series of x.975 A RESOLUTION URGING PASSAGE OF HOUSE BILL 1092 BY THE COLORADO GENERAL ASSEMBLY, KNOWN AS THE LAND USE PLANNING AND URBAN SERVICE ACT OF 1975 WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", considers that comprehensive statewide land use and municipal boundary adjustment legislation is needed in the State of Colorado in order to preserve the environment of the state as a whole and to protect the quality of life of all its inhabitants; WHEREAS, adequate land use planning and control throughout the state can be accomplished only through compre- hensive state legislation and cannot be left solely to local, county, and regional governmental agencies having limited authority over only the areas within their jurisdiction; WHEREAS, there is presently pending in the Colorado General Assembly a bill drafted by the Colorado Municipal League referred to as H.B. 1092, which provides for the desig- nation of urban service areas throughout the state, control of land use within said areas, preservation of nonurban areas from urban encroachment, expansion of urban service areas, annexation of areas within an urban service area by a munici- pality in accordance with existing annexation laws, limitations on incorporations of municipalities or formation or extension of special service districts, and creation or expansion of state boards and commissions to implement the legislation; ` WHEREAS, general control over the area within its jurisdiction is retained by a municipality under H.B. 1092; WHEREAS, the Town is presently seeking to annex wes-~ tern portions of Gore Valley since it is desirable that conti- guous areas which are a de facto part of the Vail community be brought within the jurisdiction of the Tawn; and Town lark ~ I ,~ ~ i Resolution 2, 19'75 Page 2 WHEREAS, the following are specific reasons for the adoption of H.B. 1092: 1. H.B. 1092 utilizes a comprehensive plann~.ng approach to boundary adjustment questions rather than a case- by-case, appeal-by-appeal process. 2. The planning process of defining urban service areas begins at the local level but is carefully balanced to allow state review and alteration where needed. 3. H.B. 1092 affords predictability to local govern- ments once the urban service areas are defined rather than leaving each annexation decision to the whims, etc. of a boundary commission. 4. It avoids involving the state or a boundary commission in a review of every annexation, no matter how small or noncontroversial. 5. H.B. 1092 restricts the powers of municipalities to annex (annexation continues pursuant to the eligibility requirements of the present annexation act} by prohibiting any annexation by a municipality beyond its designated urban ser- vice area. 6. Tt also covers municipal incorporations or special district formations or extensions - not just annexations. 7. Protection is afforded against urbanization beyond the boundaries of municipalities, which urbanization might otherwise occur to the municipality's detriment if annexation powers alone were reduced. 8. It reduces the opportunity for developers to shop among local governments for the best deal and reduces the pres- sure for defensive annexations. 9. It provides perhaps the first meaningful approach in Colorado to the major problem of urban sprawl. 10. H.B. 1092 encourages and allows municipalities and counties to plan on a long-range basis for community develop- meat and growth; and Town lerk ~ ~ « Resolution ~, 1975 Page 3 11. H.B. 1092 provides a positive system to conserve valuable agricultural lands, reduce energy consumption, and reduce costs of public improvements. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Urging Passage of H.B. 1092". Section 2. Passage of H.B. 1092 Urged. The Colorado General Assembly is urged by the Town Council to pass H.B. 1092 during the current legislative session in an effort to preserve the environment of the State of Colo- rado and to protect the quality of life of all its inhabitants. Section 3. Transmission of Resolution to Legislature. The Town Manager is directed to promptly send repro- duced copies of this resolution to all members of the Colorado General Assembly to inform them of the position of the Town with respect to the pending bill referred to herein and to such other parties as within his sound discretion he considers appropriate. Section 4. Effective Date. This resolution shall take effect upon the passage hereof . INTRODUCED, READ, APPROVED AND ENACTED, this 4th day of February, 1975. ATTEST: Town Cle ' ~~~~ ~ ma~o~ . .~ RESOLUTION NO. 3 Series of 1975 A RESOLUTION APPROVING A COr.4MERCIAL DEVELOPMENT AND SPORTS FACILITY PROJECT FOR VAIL ASSOCIATES, INC., MAKING FINDINGS AND AUTHORIZING BOND FINANCING IN CONNECTION THEREWITH, AND AUTHORIZING REPRESENTATIVES OF THE TOWN TO TAKE ACTION INCIDENTAL THERETO WHEREAS, Vail Associates, Inc. (the "Company") has requested the Town of Vail., Colorado, for assistance with a project (the "Project"} consisting of the acquisition, construc- tion and financing of certain commercial and sports facilities and related equipment to be located within the Town or within eight {8) miles thereof, as more fu11y described in a letter of the Company dated March 18, 1975, submitted to this meeting (a copy of which. shall be filed with the records of the Town}; and WHEREAS, the Town desires to encourage the Company to proceed with the Project in order to further the purposes of the County and Municipality Development Revenue Bond Act (the Act}; NOW, THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Concerning a Commercial and Sports Project for Vail Associates, Inc.". Section 2. Approval of the Project; Findings. Based upon the representations made and information supplied by the Company, the Town hereby approves the Project and makes the following findings in connection therewith: A. The Project constitutes a "project" for purposes of the Act in that it consists of properties, other than inven- tories, raw materials and other working capital, suitable or to be used for or in connection with a commercial enterprise; and ow Clerk ~ ~ ~ Res. 3, 1975 Page 2 B. The Project will promote the public purposes of the Act and the safety, welfare, convenience and prosperity of the inhabitants of Colorado by promoting industry and developing trade through the inducement of the Company to main- tain and expand its operations, mitigating a threat of unem- ployment and securing and maintaining a balanced and stable economy in Colorado. Section 3. Authorization of Bond Financing. The Company's letter proposal dated March 18, 1975, is hereby approved. The Town will issue its Commercial Devel- ment and Sports Facility Revenue Bonds or Notes for the finan- cing of the Project up to a maximum aggregate principal amount of $5,000,000.00, such Bonds or notes to be issued in compliance with the Act, to be subject to such terms and conditions as the Company and the Town Council, by ordinance, shall approve, and to be payable solely from the revenues of the Town derived from the payments to be made by the Company in respect of the finan- cing of the Project. Section ~. Authorization of Town Representatives to Take Action in Connection Herewith. The Mayor, Town Manager and Finance Director of the Town are hereby authorized and directed necessary to accomplish the purposes of ding the acceptance and delivery of the dated March 18, 1975, and the negotiati~ tion with the acquisition, construction Project and the sale of Bonds or Notes. Section 5. Effective Date. to take all action this resolution, inclu- Company's letter proposal ~n of agreements in connec- and financing of the This resolution shall take effect upon its adoption, o Clerk ~ ~ .~ Res. 3, 1975 Page 3 INTRODUCED, READ, APPROVED AND ADOPTED, this 18th day o~ March, 1975. ATTEST: r ~T , Mayor Town C1 "Qoldman, Saoha & Co. ~ b_ .,road Stree# ~ Ne~rk, NewYor~C 10004 - Te1:21P-B7$-8000 ~a~~ma» ae 5 March 18, 1975 Town of Vail P.O. BOX 100 Vail, Colorado 81b57 Re: Vail Associates, Inc. Gentlemen: Vail Associates, Inc. has requested that Goldman, Sachs & Ca. consider the feasibility of selling approximately $ 5 , 000 , 000.00 principal amount of sports facility and commercial development revenue bonds to be issued by the Town of Vail. Having studied the financial aspects of the Company and the pro- posed expenditures in the Project as outlined in the Company's letter sent to you on this subject, it is our opinion that it is feasible to market tax-exempt revenue bonds to finance these expenditures. Goldman, Sachs & Co. is willing to act as sales agent or as investment banker for the proposed financing and, accordingly, upon receipt of suitable documents and opinions will act to place the bonds with institutional investors, or will purchase the bonds for resale at appropriate market prices. Very truly yours, GOI~DMAN, SACHS & CO. - cc; Messrs. Paul Johnson 3. M. Gardner New York ,' Boston', Chicago ' Qallas ~ Los Angeies ~ Philadelphia ' St. Louis ;San Francisco ~ Qetrcit ; Memphis • , :,...~, tee, March 18 , 197' 5 Town of Vail P .0 . Bax 144 Vail, Colorado $1657 RE: Commercial Development Project Gentlemen: The purpose of this letter is to request your approval of a commercial development project under the Colorado County and Municipality Development Revenue Bond Act. The proposal contem- plates that the Town of Vail and this Company will enter into a Financing Agreement providing for {1) the construction of improve- ments to and expansion of the Vail skiing area and acquisition of equipment related thereto (the "Project") and (2) the financing of such Project. The Project will be located in the Town of Vail or within 8 miles thereof. The Project will consist of new mountain facilities and improvements to the existing recreational complex operated by the Company. The Project will be available for use by the general public without limitation or restriction. The aggregate cost of the projects to be undertaken in the next three years is presently estimated at $5,440,444. A description of the Project is attached as Schedule A hereto, We propose that the Town and the Company enter into a Financing Agreement with respect to the Project as permitted by the Act. Under the Financing Agreement, either the Company or the Town will acquire the necessary sites for the project. The purchase orders and construction contracts will be awarded and administered by the Company, and certain portions of the work mayy be done by Company personnel. If financing is not undertaken by the Town, or when the Company completes payments under the proposed Financing Agreement, any title which the Town obtains will be transferred to the Company. As required by the Act, the Financing Agreement will provide that the Company will maintain and repair the Project, carry all proper insurance with respect thereto and pay taxes, or the equivalent, with respect to the Project to the taxing entities entitled to receive same. The Company will also pay all expenses incurred by the Town in connection with the Project not paid from the proceeds of any bonds or notes issued by the Town. AREA COLE 303 476-560! • BOX 7, VAIL, GOLORADO 81657 2~ of Vail Mai.:h 1$, 1975 Page Two In order to finance the Project, it is contemplated that the Town will issue its commercial, development and sports facility revenue bonds or notes in the amounts necessary to pay Project costs, The bonds or notes may be secured by a mortgage, may be issued in one or more series and might be sold privately, delivered pursuant to a loan agreement with institutional investors, or Bald to the public by a group of underwriters to be selected by the Company. Tn this connection, we are presenting herewith a financial feasibility letter of Goldman, Sachs & Co. The net proceeds of the bonds or notes will be deposited in a construction fund held by a bank or trust company designated by the Company and satisfactory to the Town. The construction fund will be used to pay costs of the Project, including casts of financing, interest during construction, contractors' bills and reimbursement to the Company for work done or moneys advanced by it. All payments will be made upon appropriate requisitions by the C~~u~,any. If the construction fund is not sufficient to pay the costs in full, the Company will pay the balance. The Company will make payments in respect of the Project in installments corresponding in date and amount to the payments of interest and principal on the Town's bonds or notes. In evidence of its obligation to make such payments, the Company may choose to deliver to the Town its Hates specifying equivalent principal and interest payments. The Town's right to receive the installment pay-. ments (and any notes issued by the Cv«s~any to evidence the same} will be assigned directly to holders of the bonds ar notes of the Town, or will be held by a corporate trustee under a trust indenture for the benefit of the Town's bondholders. The Town's revenue bonds or notes will be payable solely from the revenues from this Project represented by the Company's payments. The assistance provided by your undertaking of this Project will encourage the continued growth and development of the Company's operations at Vail. We ask that, in approving the Project, you find that the Project will promote the purposes of the Act by creating and developing business and employment opportunities and by assisting in the maintenance of a balanced and stable economy within Colorado. If the foregoing is satisfactory to you, please indicate your approval of the Project and your undertaking of the financing thereof by signing and returning the enclosed copy of this letter. Very Truly Yours, VATL ASSOCIATES, TNC. APPROVED AND ACCEPTED: ,~,tl BY ~~ GLt/~~ -~=-c~~'y~1 //~ T Wig OF VAI ~ - ~~` 0 L / BY ,~ ,,,~ -~~~ , Date: Mar 8, 1975 Vail Associates, Inc. Proposed Sports Facilities ~, Industrial Revenue Bond Financing Schedule - A Lifts • Upper Northwoods, Eagles Nest Beginner, Golden Peak ~~2, Four Bowls, Main Drain, China Bowl ~~1, China Bowl ~k2. • Equipment improvements, renovation, capacity upgrade. • Summer facilities. Trails and Slopes • 1Q0 acres in the Northwoods Ski Center. • 50 acres on the front side of the mountain, and in Game Creek. • China Bowl clearing, catwalks. • Snowmaking facilities at Golden Peak, Mill Creek, Catwalk to Lift ~~10, LionsHead extensions . • Children's Mountain program - Trails, equipment, shelters. • Ski patrol facility in the Northeast Bowl. Equipment/Facilities • New snowcats and grooming equipment. • Ski patrol equipment replacement, trail markers, Northeast Bowl equipment for expansion. • Northeast Bowl Restaurant facilities and equipment. • Midvail, Eagles Nest facilities decking and expansion. t RESOLUTION NO. 4 Series of 1975 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $130,000.00 FROM A CONTINGENCY IN THE OPEN SPACE/CAPITAL IMPROVEMENTS FUND FOR THE PLANNING AND DESIGN OF THE ANTHOLZ PROPERTY CIVIC/ CULTURAL/RECREATIONAL COMPLEX WHEREAS, pursuant to Ordinance No. 0, Series of 1973, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", has acquired the parcel of land, commonly known as the Antholz Property, for multiple public and municipal purposes, including the construction of a civic/ cultural/recreational complex; WHEREAS, various technical consultants have been retained to participate in the planning and design of the afore- said complex; WHEREAS, a certain amount of travel is anticipated on the part of various Town staff members to facilitate the aforesaid planning and design; WHEREAS, the Town Council enacted Ordinance No. 30, Series of 197, adopting the 1975 Budget and Financial Plan, which contains the Open Space/Capital Improvements Fund that includes a contingency in the sum of $158,522.00; and WHEREAS, having the written request of the Town Manager in accordance with Section 9.10(d) of the Charter of the Town of Vail, Colorado, the Town Council finds that it should transfer $130,000.00 from said contingency and designate said $130,000.00 as a special appropriation for the planning and design of the Antholz Property civic/cultural/recreational comp 1 ex ; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Deput wn Clerk y Res. d, 1975 Page 2 Section 1. Title. This resolution shall be known as the "Resolution Authorizing Transfer of Funds for the Planning and Design of Antholz Complex". Section 2. Transfer of Part of Contingency Appro- priation of Open Space/Capital improvements Fund and designa- tion of said funds as a special appropriation. From a contingency appropriation in the sum of $158,522.40 of the Open Space/Capital Improvements Fund of the 1975 Budget and Financial Plan of the Town of Vail, Colorado, a part thereof, to-wit the sum of $130,000.00, is hereby trans- ferred to and designated as a special appropriation for the planning and design of the Antholz Property civic/cultural/ recreational complex. Section 3. Planning and Design of Antholz Complex. The Town Manager is hereby authorized to expend said special appropriation of $130,000.00 or a portion thereof in a reasonable manner as set forth below for the planning and design of the Antholz Property civic/cultural/recreational complex, and is directed to periodically informthe Town Council as to the progress of said planning. Architectural services Statistical consultation Solar energy consultation Accoustical consultation Travel expenses TOTAL Section 4. Effective Date. $ 75,000 25,000 10,000 la,ooo 10,000 $130,000.00 This resolution sha11 take effect upon its adoption. Depu own Clerk ~~ ~ ~ . Res. 4, I975 Page 3 INTRODUCED, READ, APPROVED, AND ADOPTED, tha.s I5th day o£ Agri]., 1975. ATTEST: r u tawo of rail box '! 00 nail, calarado 81657 {303} 476-5613 Town Council Town of Vail, Colorado P. 0. Box 100 Vail, Colorado 81657 office of the town manager April l5, 1975 Re: Transfer of a part of a contingency appropriation of the Open Space/Capital Improvements Fund and designation thereof as a special appropriation for the planning and design of the Antholz Property civic/cultural/recreational complex Gentlemen and Ms. Klug: t Pursuant to Section 9.10{d} of the Charter of the Town of Vail, Colorado, I hereby request that the Town Council promptly adopt a resolution to transfer $130,000.00 from a contingency appropriation of $158,522.00 of the Open Space/ Capital Improvements Fund of the 1975 Budget and Financial Plan and to designate said $130,000.00 as a special appro- priation far the planning and design of the Antholz Property civic/cultural/recreational complex. Sincerely, !~~ '~'O Terrell Minger Town Manager sjm Subscribed and sworn to before me this 15th day of April, 1975. f~-~2~e. Alotary Public County of Eagle, State of Colorado my co~r~nission expires : June 27 , 1978 ~~ RESOLUTION N0. 5 Series of 1975 A RESOLUTION AUTHORIZING A SECOND TRANSFER OF FUNDS IN THE AMOUNT OF $8,342.50 FROM A CONTINGENCY FUND OF THE OPEN SPACE/CAPITAL IMPROVEMENTS FUND FOR ADDITIONAL EXPENSES INCURRED IN THE CONSTRUCTION OF THE TOWN OF VAIL/EAGLE COUNTY ANIMAL SHELTER WHEREAS, the Town Council of the Town of Vail, Co1or- ado, hereinafter referred to as the "Town", adopted Resolution No. 17, Series of 1974, authorizing an expenditure of a special appropriation of $15,000.00 to develop and construct the Town of Vail/Eagle County Animal Shelter in Eagle-Vail in Eagle County on a parcel of land which was dedicated to the Town and Eagle County by Fred Green for said purpose; WHEREAS, the Town's one-half share of the construction costs of the Tawn of Vail/Eagle County Animal Shelter were $23,342.50, being in excess of the 1974 special appropriation of $15,000.00 due to changes in design and increased costs of material; WHEREAS, the Town Council enacted Ordinance No. 30, Series of 1974, adopting the 1975 Budget and~Financial Plan, which contains the Open Space/Capital Improvements Fund that includes a contingency fund in the sum of $158,522.00; WHEREAS, the Town Council heretofore adopted Resolution No. 4, Series of 1975, transferring $130,000.00 from a $158,522.00 contingency fund of the Open Space/Capital Improvements Fund and designating said $130,000.00 as a special appropriation for the plan- ning and design of the Anthoiz Property civic/cultural/recreational complex, thereby leaving an unencumbered contingency appropriation in the sum of $28,522.00; and WHEREAS, having the written request of the Town Manager in accordance with Section 9.10(d} of the Charter of the Town of Vail, Colorado, the Tawn Council finds that it should transfer $8,342,50 from said unencumbered contingency appropriation of $28,522.00 r~°~' Deputy own Clerk Res. 5, 1975 ~ ~ Page 2 and designate said $8,342.50 as a special appropriation for the payment of the Town's share of the additional expenses incurred in the construction of the Tawn of Vail/Eag1e County Animal Shelter; NOW, THEREFORE, SE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Authorizing a Second Transfer of Funds From Contingency Fund of Open Space/Capital Improvements Fund". Section 2. Second Transfer of a Part of the Unencumbered Contingency Fund of the Open Space/Capital Improvements Fund and Designation of Said Funds as a Special Appropriation. From the unencumbered; appropriation of $28,522.00 in the contingency fund of the Open Space/Capital Improvements Fund of the 1975 Budget and Financial Plan for the Town of Vail, Colorado, a part thereof, to-wit the sum of $8,342.50, is hereby transferred to and designated as a special appropriation for the payment of the Town's one-half share of the additional. expenses incurred in the construction of the Town of Vail/Eagle County An~.mal Shelter. Section 3. Authorization for Expenditure of Special Appropriation. The Town Manager is hereby authorized to expend said special appropriation of $8,342.50 for Town's share of the additional expenses which were incurred in the construction of the Town of Vail/ Eagle County Animal Shelter. Section 4. Effective Date. This resolution sha11 take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 1 th day of April, 1975. Mayor ATTEST: epu y To town of rail box 100 vail, Colorado 81657 (3031 476-5613 Town Council Town of Vail, Colorado P. 0. Box 100 Vail, Colorado 51657 office of the town manager April 15, 1975 Re: Transfer of a part of a contingency appropriation of the Open SpacejCapital Improvements Fund and designation thereof as a special appropriation for the payment of additional expenditures incurred in the construction of the Town of Vail/Eagle County Animal Shelter Gentlemen and Ms. Klug: Pursuant to Section 9.10(d} of the Charter of the Town of Vail, Colorado, I hereby request that the Town Council promptly adopt a resolution to transfer $8,342.50 from a contingency appropriation of $158,522.00 of the Open Space/ Capital Improvements Fund of the 1975 Budget and Financial Plan and to designate said $8,342.50 as a special appropria- tion far the payment of additional expenditures incurred in the construction of the Town of Vail/Eagle County Animal Shelter. Sincerely, h //~ Terrell Minger Town Manager sjm Subscribed and sworn to before me this 15ich day of April, 1975. ;~CZ. LL ~cCrn~s r7o~ar;; Publi Gount;r of Eagle, State of Colorado My commission expires: June 27, 1975 0 -- ., t t~v ~~~aDUa~LLS (~CG~~S OZ[ C+~(N~L.. r ./~j~.J' r~ C E R T I F I E D R E C O R D 0 F PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN Off' VAIL, COLORADD RELATING TO A RESOLUTION CONCERNING THE SPECIAL MUNICIPAL ELECTION 0 F OCTOBER_14L_~.~75 NOTICE OF SPECIAL MEETING OF THE TOt^dN COUNCIL OF THE TOWN OF . VATL, COLORADO SEPTEMBER 9, 1975 PUBLIC NOTICE IS HERESY GIVEN that the Town Council of the Town of Vail, Colorado will hold a special meeting at the Vail Municipal Building, Vail, Colorado, at 7:30 p.m. on Tuesday, the 9th day of September, 1975, at which meeting the Town Council will consider the passage of a Resolution calling a Special Municipal Election to be held Dctober 14, 1975, relating to the issuance by said Town of its General Obligation Bonds in a total principal amount not exceeding $1,250,000, for real estate acquisition and other municipal and public purposes. This meeting is open to the public. IN WITNESS S~1~iEREOF, the Town of Vail, Colorado has caused this notice to be given as of the 2nd day of September, 1975. (S E A L} /s/ Rosalie Jeffrey Town Clerk Town of Vail, Colorado ~ 1 ~.. ACKNOWLEDGMENT, WAIVER OF NOTICE, AND CONSENT TO ACTIONS OF SPECIAL MEETING OF THE TOWN COUNCIL OF THE TOWN OF VATL, COLORADO, HELD SEPTEMBER 9, 1975 We, the undersigned members of the Town Council of the Town of Vail, Colorado, do hereby acknowledge personal receipt of proper written notice of the special meeting of the Town Council held September 9, 1975, at 7:30 P.M., said notice having been so received more than 48 hours before such meeting and which notice informed us of the date, time and place of the meeting and the purposes for which it was called, which stated purposes included the fact that the Town Council would eansider the passage of a Resolution calling a special municipal election relating to the issuance by the Town of Vail of its General Obligation Bands for real estate acquisition and other municipal. and public purposes, and we do hereby waive any and all. irregularity, if any, in such notice. and in the time and manner of service thereof upon us, and we do hereby waive any and all other notice which might be required by law, and we do hereby approve the Resolution calling said Special Municipal Election adopted at such peci ~A , Q o n! , , /~- n . . f ! ' ..~ _. ~ ~. ~.l~Y\ . r •- ~ -' ~~ , STATE OF COLORADO ) ) COUNTY OF EAGLE ) sS. TOWN OF VA1L ) The Town Council of the Town of Vail, Colorado, met in l special session at the Municipal Building in said Totan on Tuesday the 9th day of September, 1975, at the hour of 7:30 o'clock P.M. Upon ra11 call, the following were present: Mayor: John A. Dobson Councilmen: Thomas Steinberg John Donavan Josef Staufer Kathleen Klug James M. Slevin Town Clerk: Rosalie Jeffrey Town Attorney: Gene A. Smith Tohrn N1 av-a~~-: T~-+~-r~~ ~ ~ , NI in~~r' Absent: Jos~Qk I.-av,~w-a.id- t Councilman ~ ~ ~~~ ~,,, informed the Council that a Notice of Special Meeting substantially iri the form set forth at page 1 of these proceedings had been prepared by the Town Clerk at the request of the Town Manager, and had been served personally upon, or left at the usual place of residence of each member of the Town Council at least 48 hours prior to the time of this meeting, and that such notice had also been published in The Vail Trail, a newspaper of general circulation within the Town of Vail, Colorado, on Sepftember 5, 1975. Thereupon Councilman ~ flsQT ~u~~' introduced and moved the adoption of the following Resolution which was read -~ul~. and is as follows: ~ -° 1 1 ~.- RESOLUTION NO. (p ' S~et~s aF I9'~S A RESOLUTION CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD OCTOBER J.4, 1975 TN THE TOir,TN OF VAIL, COLORADO; DESIGNATING JUDGES lND CLERKS FOR SUCH ELECTION; PROVIDING I:'OR THE PUBLICATION OF NOTICES OF REGISTRATION FOR AND NOTICES OF SAID ELECTION; PROVIDING FOR OTHER DETAILS FOR SAID ELECTION; SUBMITTING TO THE REGISTERED QUALIFIED ELECTORS OF THE TOWN OF VAIL, COLORADO, AT SAID SPECIAL ELECTION, THREE QUESTIONS OF ISSUING GENERAL OBLIGATION BONDS OF THE TOWN IN THE TOTAL PRINCIPAL AMOUNT NOT EXCEEDING $ p ~~„FOR THE PURPOSE OF ACQUIRING, CONSTRU~G AND ' PROVIDING PARK AND RECREATION, PEDESTRIAN OVER- PASS, AND TRANSPORTATION CENTER PROPERTY, FACILITIES, AND IMPROVEMENTS FOR SAID TOWN. ~ ., '~ S~°HEREMS, the Constitution and laws of the State of Colorado, and the home rule Charter of the To~,Tn of Vail, Colorado, authorize the issuance by said Town of its negotiable coupan General Obligation Bonds for the purpose of securing funds to defray the costs of the acquisition and improvement of real and personal property for municipal and public purposes; and WHEREAS, for a combination of such purposes, the Town Council of the Town of Vail, Colorado has determined that it would be in the best interests of the Town of Vail and the inhabitants thereof to issue General Obligation Bonds of the Town of Vail in an amount not exceeding $ ~~ ~ Gp.pop_GO for the purpose of defraying, in whole or in part, the cost ~'o''f~""'~a'cquiring, constructing and providing park and recreation, pedestrian overpass, and Transportation Center property, facilities and improvements for the Town, as more fully set forth in the Bond Questions appearing in Section 2 hereof, said bonds to be payable except to the extent other funds are available therefor, from general ad valorem taxes, and WHEREAS, it is first necessary to submit the separate questions of issuing such General Obligation Bonds for said municipal and public purposes to the qualified registered electors of the Town of Vail; NOW, THEREFORE, BE TT RESOLVED BY THE TOWN COUNCTL OF TFiE TOWN OF VATL, COLORADO THAT: Section 1. A special election shall be held in the Town of Vail, Colorado, an Tuesday, October 14, 1975, for the purpose of submitting to the qualified registered electors of the Town the Band Questions set forth in Section 2 hereof. Section 2. At said special municipal election to be held in the Town of Vail, Colorado on Tuesday, October l~, 1975, there shall be submitted to the vote of the gualified registered electors of the Town the questions of issuing negotiable, interest bearing, general obligation bonds of the Town in the amounts, for the purposes and within the limitations and terms hereinafter set forth in the following forms of Bond Questions (herein sometimes designated as the "Bond Questions"}: ~J • , ~ 1. PARK AND RECREATION BONDS, QUESTION SUBMITTED: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing General Obligation Bonds in one series or more in an aggregate principal. amount not to exceed $ ~n or so much thereof as may be necessary for the purpos of defraying, in whole or in part, the cost of acquiring, constructing and equipping park and recreational land, improvements, and facilities, to include open space land, athletic fields, a public recreational center, a public museum facility and a gymnasium, together with all necessary incidental and appurtenant facilities, structures, land and equipment, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 25 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are available therefor, and such bonds to be sold and issued at one time or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may determine, including at the option of the Town Council provisions for the redemption of bonds prior to~~a~.urity with or without the payment of a premium?" 2. TRANSPORTATION CENTER IMPROVEMENT BONDS, QUESTION SUBMITTED: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing General Obligation Bonds in one series or more in an aggregate principal amount not to exceed $ $~',ppp ~ or so much thereof as may be necessary for the purpose of defraying, in whole~or in part, the cost of acquiring, constructing and equipping additions and improvements to the Vail Transportation Center, together with all necessary incidental and appurtenant facilities, structures, land and equipment, and including casts incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 25 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are available therefor, and such bonds to be sold and issued at one time or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may determine, including at the option of the Tawn Council provisions for the redemption of bonds prior to maturity with or without the payment of a premium?" 3. I-70 PEDESTRIAN OVERPASS BONDS, QUESTION SUBMITTED: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing General Obligation Bonds in one series or more in an aggregate principal amount not to exceed $'~pp, ~, o~_or so much thereof as may be necessary for the purpose of defraying, in whole or in part, the cost of acquiring, constructing and equipping a pedestrian overpass and site therefor, together with all necessary incidental and appurtenant facilities, structures, land and equipment, to provide a pedestrian overpass over Interstate Highway 70 between the Potato Patch and LionsIIead subdivisions, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 25 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent ot~=er funds are available therefor, and such bonds to be sold and issued at one time or from time to time, in such manner and amounts and upon such terms and conditio~~s as the Town -6- ~ ~ ~ Council may determine, including at the option of the Town Council provisions for the redemption of bonds prior to maturity with or without the payment of a premium?" Section 3. Said Bond Questions shall be submitted to the qualified registered electors of the Town of Vail as provided by law in the said Town, which Town constitutes one voting precinct, at the Town of Vail Municipal Building, which is.the polling place used for regular Town elections and which is hereby designated as the polling place for said special municipal election, between the hours of 7.OO o'clock A.M. and 7:60 o'clock P.M. on October 14, 1.975. Section 4. The qualified registered electors of the Town shall vote at said special municipal election by secret paper ballot, either by absentee ballot or by appearing in person and voting at the polling place. Voting machines will not be used. The said special election sha11 be conducted as nearly as practicable in the same manner prescribed by law for the con- ducting of regular elections in the Town of Vail, Colorado. Section 5. e f°~_l~ii~ qualified reg~.stered electors of the Town of Vail a~`rP.~~'~L~~ appointed and sha11 act as judges and alternate judges, and clerks and alternate clerks for the special municipal election on Tuesday, October 14, 1975. .,~ . ~ ~ ~~ +- ., r ~~ -rte ~ ~ . ~J 1~.? :. -- 7 -- ~ , Said judges and clerks shall receive in foil compensation for their services the amount of $~,gZ each. The Town Clerk is directed, pursuant to Colorado Revised Statutes 1973, X31-10-403, to mail certificates of appointment to such election officials. Section 6. Qualified electors possessing qualifications entitling them to vote at said special election and whose names do not appear in the Official Registration List, and electors who have changed their addresses, may register ar change their addresses at the office of the Vail Town Clerk ar the office of the Eagle County, Colorado, County Clerk at any time during regular business hours of those offices on or before Friday, September 12, 1975, in accordance with the home rule Charter of the Town of Vail. and the Colorado Municipal Election Code of 1965, as amended. Pursuant to Colorado Revised Statutes 1973, X31-10-244, the Town Clerk o€ the Town of Vail is hereby authorized and directed to serve as a deputy county clerk and recorder for purposes of such registration. Qualified registered electors, entitled to vote at said election who meet requirements of the Charter of the Town of Vail and the Colorado Municipal Election Code of 1965, as amended, who are voting by absentee ballot, may obtain information, apply for and receive an absentee ballot from the Town Clerk at any time during regular business hours of the Town Clerk's office an or before Friday, the 10th day of October, 1975, by following the procedures required by the Charter and said Election Code. Section 7. Ballots to be used in voting upon the questions to be submitted at said special municipal election shall be prepared and furnished by the Town Clerk to the Judges of Election, to be by them furnished to the qualified registered electors, which ballots shall be in substantially the following form: ~ _w_ No. ___~------_-----___w--STUB------..~.._---___-.~_----_.~___-------_~__.»..____ No. DUPLICATE STUB OFFICIAL BALLOT TOWN OF VAIL SPECXAL MUNICIPAL ELECTION STATE OF COLORADO OCTOBER 14, 1975 (Each elector desirous of voting FOR or AGAINST the following Questions shall designate his ar her choice by placing a cross (x] in the square opposite the word or words expressing has or her choice.) 1. PARK AND RECREATION BONDa, QUESTION SUBMITTED: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing General~Obligation Bonds in one series or mare in an aggregate principal amount not to exceed $?75 pD~~ ar so much thereof as may be necessary for the purpos~ of defraying, in whole or in part, the cost of acquiring, constructing and equipping park and recreational land, improvements, and facilities, to include open space land, athletic fields, a public recreational center, a public museum facility and a gymnasium, together with all necessary incidental and appurtenant facilities, structures, land and equipment, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 2~5 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are available therefor, and such bonds to be sold and issued at one time or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may determine, including at the option of the Town Council provisions for the redemption of bands prior to maturity with or without the payment of a px'emiuzn~" FOR THE BONDS AGAINST THE BONDS 2. TRANSPORTATION CENTER IMPROVEMENT BONDS, QUESTION SUBMITTED: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing General Obligation Bonds in one series or more in an aggregate principal amount not to exceed $Qp,g~,or so much thereof as may be necessary for the purpose of defraying, in whole or in part, the cost of acquiring, constructing and equipping additions and improvements to the Vail Transportation Center, together with all necessary incidental and appurtenant facilities, structures, land and equipment, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not e};ceeding 10 percent per annum, and to mature serially dua:'ing a period of not more than 25 years from the date or respective dates of the bonds, such bonds to be payable from general ~'~~ ~~_ • ~ 1 ad valorem taxes, except to the extent other funds are available therefor, and such bonds to be sold and issued at one time or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may determine, including at the option of the Town Council provisions for the redemption of bonds prior to maturity with or without the payment of a premium?" FOR THE BONDS AGAINST THE BONDS 3. I--70 PEDESTRIAN OVERPASS BONDS, QUESTION SUBMITTED: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing General Obligation Bonds in one series or more in an aggregate principal amount not to exceed $~p~_4C or So much thereof as may be necessary for the purpose of defraying, in whole or in part, the cost of acquiring, constructing and equipping a pedestrian overpass and site therefor, together with all necessary incidental and appurtenant facilities, structures, land and equipment, to provide a pedestrian overpass over Interstate Highway 70 between the Potato Patch and LionsHead subdivisions, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 25 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are available therefor, and such bands to be sold and issued at one tame nr from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may determine] including at the option of the Town Council provisions for the redemption of bonds prior to maturity with or without the payment of a premium?" FOR THE BONDS AGAINST THE BONDS (End of front of Ballot) -10-~ ~ ~ .~ (To be endorsed on back o~ Ba1~.ot) "OFFICIAL BALLOT FOR SPECIAL MUNICIPAL ELECTIOI~7 HELD IN THE TOWN OF VATL, COLORADO, OP1 OCTOBER ~.4, 1975. {Facsimile Signature) Town Clerk Town o~ Vail, Colorado -Z~.- F . _ ~~ Section 8. No vote, either for ar against the questions to be so submitted at said special election, shall be received by the Judges of Election or permitted by the Judges of Election unless the person offering the same shall be a duly qualified and registered elector of the Town of Vail, Colorado. Section 9. The votes cast at the said special election shall be canvassed and tallied, and the returns thereof made, and the results thereof declared in substantially the same manner as is provided by law for the canvass, tally, return and declaration of the result of votes cast at regular municipal elections for the Town of Vail, Colorado. Section l0. if a majority of all the votes cast an each of the various questions set forth herein to be submitted at said election shall be in favor of issuing the bands far any one or all of the purposes stated in said questions, it shall then be lawful for the Town Council to authorize the proper officers of the Town of Vail, Colorado, to issue the negotiable coupon General Obligation Bonds of the Town of Vail, Colorado, in accordance with the proposal or proposals so approved at the election. Section ll. Notice of the subject special municipal election shall be published in The Vail Trail, a newspaper published and of general circulation in the Town of Vail, Colorado, in the editions of said newspaper dated September 26, 1975 and October 3, 1975, and in addition, notice of the election shall be publ~.shed in The Eagle Valley Enterprise, a newspaper published and of general circulation in Eagle County, Colorado, and in the Town of Vail., Colorado, in the editions of said newspaper dated September 25, 1975 and October 2, 1375. Section l2. A copy of the notice of the election shall be posted by the Town Clerk at the polling place at least ten days before said special election. Said notice of the election to be so published and posted shall be in substantially the following form: _l~_ PUBLIC NOTICE OF SPECIAL MUNICIPAL ELECTION TOWN OF VAIL, COLOF.ADO OCTOnER 14, 1975 PU~3LTC NOTICE I5 HEREBY GIVEN that at a Special Munici- pal Election to be held in the Town of Vail, Colorado, on Tuesday, the 14th day of October, ,1975, there will be submitted to the qualified registered electors of the Town, the following questions: 1. PARK AND RECREATION BONDS, QUESTION SUBMITTED: "Sha11 the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing General Obligation Bonds in one series or more in an aggregate principal amount not to exceed $77S ppp,~'. or so much thereof as may be necessary for the purpose of defraying, in whole or in part, the cost of acquiring, constructing and equipping park and recreational land, improvements, and facilities, to include open space land, athletic fields, a public recreational canter, a public museum facility and a gymnasium, together with all necessary incidental and appurtenant facilities, structures, land and equipment, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 25 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are available therefor, and such bonds to be sold and issued at one time ar from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may determine, including at the option of the Town Council provisions far the redemption of bonds prior to maturity with or without the payment of a premium?" 2. TRANSPORTATION CENTER IMPROVEMENT BONDS, QUESTION SUBMITTED: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing General Obligation Bonds in one series or more in an aggregate principal amount not to exceed $ $5~0~'~ or so much thereof as may be necessary far the purpa~e of defraying, in whole or in part, the cost of acquiring, constructing and equipping additions and improvements to the Vaal Transportation Center, together with all necessary incidental and appurtenant facilities, structures, land and equipment, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 25 years frnm.the date ar respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are available therefor, and such bonds,to be sold and issued at one time or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may determine, including at the option of the Town Council provisions far the redempt~.on of bonds prior to maturity with or without the payment of a premium?" -13- ' ~ ~ 3. I-70 PEDE6TRIAN OVERPASS BANDS, QUESTION SUBMITTED: "Shall the I'o~,~n of Vail, Colorado, be authorized to issue its negotiable, interest bearing General Obligation Bonds in one series or more in an aggregate principal amount not to exceed $w{pp oc~ ar so much thereof as may be necessary for the urpase of defraying, in whole or in part, the cost of acquiring, constructing and equipping a pedestrian overpass and site therefor, together with all necessary incidental and appurtenant facilities, structures, land and equipment, to provide a pedestrian overpass over Interstate Highway 70 between the Potato Patch and LionsHead subdivisions, and including costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than ~25 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes, except to the extent other funds are ' available therefor, and such bonds to be sold and issued at one time or from time .to time, in such manner and amounts and upon such terms and conditions as the Town Council may determine, including at the option of the Town Council provisions for the redemption of bonds prior to maturity with or without the payment of a premium?" The election on the above three questions will be held at the Vail Municipal Building on Tuesday, October 14, 1975, between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M. Those elector's who are citizens of the United States, of the age of eighteen (18? years or over, who have been residents of the State of Colorado for 32 days next preceding the election and who have been residents of the Tawn of Vail, Colorado, for 32 days next preceding the election, and who have been duly registered, shall be entitled to vote at the special municipal election. Those electors who are otherwise fully qualified to vote on said questions at such special municipal election, but who shall be absent from the Town of Vail, Colorado, or by reason of their work or the nature of their employment are likely to be absent and fear that they will be absent from the Tawn of Vail on said election day, or because of serious illness or physical disability or far reasons based upon the doctrines of established religions shall be unable to attend the polls, may apply in writing at the office of the Vail Town Clerk, at the Vail Municipal Building, Vail, Colorado, for absentee ballots, at any time during regular business hours, on or before Friday, October 10, 1975. _l~}_ ~ • The votes cast shall ba recorded on paper ballots and said election shall be held, conducted and the returns thereof shall be returned, canvassed and declared, as nearly as practicable in the manner prescribed by law for regular elections of the Town of Vaal, Colorado. XN WITNESS WHEREOF, the Town Council has caused this Notice to be gaveri as of the 9th day of September, 1975. ( S E A L ) /s/ Rosalie Jeffrey Town Clerk Town of Vail, Colorado Publish in The Eagle Valley Enterprise on September 25 and October 2, 1975. Publish an The Vaal Trail on September 26 and October 3, 1975. -15- • . 3 Section 13. Tn addition to the above specified Notice of the election, a Notice of Registration has been published in The Eagle Valley Enterprise on September 4, 1975, and in The Vail Trail on September 5, 1975. All actions of officials of the Town of Vail directed toward such publications are hereby ratified, approved and confirmed, and it is directed that said Native of Registration shall also be published in The Eagle Valley Enterprise on September 11, 1975, and in The Vail Trail on September 12, 1975, in substantially the fallowing form: ~`Q -i6- ~ ~ , •~' NOTICE OF REGTSTRATIO~I SPECIAL RIUNICIPAL ELECTION TOWN OF VAIL, COLORADO OCTOBER 1~, 1975 NOTICE TS HEREBY GIVEN that a Special municipal Election of the Town of Vail, Colorado, will be held on Tuesday, October 14, 1975, Said Special Election relates to the issuance of General Obligation Bonds of the Town of Vail in a total principal amount not exceeding $1,250,000 for real estate acquisition and other municipal and pub-- tic purposes of said Town. In order to vote at such election on Tuesday, October 14, 1975, an elector must be a qualified, registered elector of the To~~m of Vail, Colorado. Persons who will be otherwise qualified to vote but who are not presently registered to vote should register at the office of the Vail Town Clerk at the Vail. Municipal T3uilding in Vail., Colorado, or at the office of the Eagle County Clerk and Recorder at the Eagle County Courthouse in Eagle, Colorado, at any time during the regular business hours of those offices, NOT LATER THAN FRIDAY, SEPTEMBER 12, 1975. A Notice of Election giving mare detailed information will appEar in the editions of this newspaper dated (far The Vail Trail newspaper, insert September 26, 1975 and October 3, 1975} (for The Eagle Valley Enterprise, insert September 25, 1975 and October 2, 1975) . TN WITNESS WHEREOF, the Tawn of Vail, Colorado, has caused this Notice to be given as of the 2nd day of September, 1975. (S E A L) /s/ Rosalie ~'effrey Town Clerk Town of Vail, Colorado Publish in: Tl.1e Eagle Valley Enterprise on Septenl~er 4th and September 11th, 1975. Publish in: The Veil Trail on September 5th and September 12th, 1975. -17- ,~ ' .Section 14. The authority to issue any or all of the bonds designated in the Bond Questions, if conferred at the election by the qualified registered electors authorized to vote thereon, shall be deemed and considered a continuing authority to issue and deliver the bonds so authorized at one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority sa conferred by the electors voting in favor of any or all of said Bond Questions. Section 15. All action, not inconsistent with the provisions of this Resolution, heretofore taken by the officers of the Town of Vail, Colorado, elected and appointed, directed toward holding the special municipal election for the purpose of authorizing the issuance of General Obligation Bands of the Town of Vail for the purposes designated above in the Bond (questions, is hereby ratified, approved and confirmed. Section l6. All resolutions, or parts thereof, in conflict with this Resolution are hereby repealed. This repealer shall not be construed to revive any resolution, or part thereof, heretofore repealed. Section 17. Zf any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution. Section 18. This Resolution shall take effect immediately upon its passage. RESOLUTION ADOPTED AND APPROVED this 9th day of September 1975. TOWN OF A , CO 0 By Mayor ( S E A L ) ATTEST: ~t.d Town C erk J Town of Vail, C lorada j -18- 1 .~ ' ~~ Councilman [~ac .~~~ b~ar~ seconded the motion, and the question being upon the passage and adoption of said Resolution, the roll was called with the following result: Those voting "Yes": Councilmen: John A. Dobson Thomas Steinberg John Donovan ~ ~a~~~ Josef Stauf er • Kathleen Klug James M. Slevin Those voting "No": ~~ members of the Council present having voted in favor of the passage and adoption of the Resolution, the presiding officer thereupon declared the Resolution duly passed and adopted. Thereupon, after consideration of other business to come before the Council, the maetin was adj ~= own of Vail, Colorado (S E A ) ATTES 0 Townl erk r~" Town of Vail, Co orado ! --19- ~-~ STATE OF COLORADO } COUNTY OF EAGLE } ss. } TOWN OF VATL ) T, ROSALTE JEFFREY, the Town Clerk of the Town of Vail, Eagle County, Colorado, da hereby certify: That the attached copy of Resolution Nv.~~s.~i~a~'1975, regarding the Town of Vail Special Municipal Election of October 1~, 1975, is a true and correct copy of said Resolution as passed and adopted by the Town Council at a Special Meeting thereof held at the Town Municipal Building, the regular meeting place of the Town Council in the Town, on Tuesday, the 9th day of September, 1975; that a true copy of said Resolution has been duly executed and authenticated by the signatures of the Mayor of the Town of Vail and myself, as Town Clerk of said Town, sealed with the seal of the Town, and recorded in the official records of the Town. T further certify that the foregoing pages constitute a true and correct copy of the record of the proceedings of the Town Council at its said special meeting of September 9, 1975, insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken; that said meeting was duly held; and that the persons were present at said meeting as therein shown. TN WITNESS WHEREOF, T have hereunto set my hand and the seal of the Town of Vail, Colorado this ~ day of S~r,~, 1975. own Clerk own of Va , Lora o ( S E A L ) --~a- ~ , ~ - F ~ ~ .~ l~'~ ~~~ f /~//( C E R T I F I E D R E C O R D O F PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF VATL, COLORADO RELATING TO A RESOLUTION CONCERNING THE APPOINTMENT OF JUDGES AND CLERKS FOR THE SPECIAL MUNICIPAL ELECTION O F OCTOBER 14, 1975 • ~ • STATE OF COLORADO Y COUNTY OF EAGLE ) ss. . TOWN OF VAIL ) The Town Council of the Town of Vaal, Colorado, met in regular session at the Municipal Building in said Town on Tuesday the l6th day of September, 1975, at the hour of 7:30 o'clock P.M. Upon roll call, the following were present: Mayor: John A. Dobson Councilmen : '~1~,. a ~ ... _. ,="_ _ ~'_...." Jose h Lana'i.d P g Josef Staufer Kathleen Klug James M. Slevin Town Clerk: l~osalie Jeffrey Town Attorney: Gene A. Smith Towh Maier: TrrY.I, l s , N1 i nc~+r~r• Absent : "~"~~-~l~S..~ i,,- Aga ~ .~ e ~ ~ ti ~ y Thereupon Councilman .,~4~_a-~. s'~~~-~~+ introduced and moved the adoption of the following Resolution which was read in full and is as follows: ~ -_ • P.ESOT,UTTON 1~1D. 'l Series o'F t 9 ~5 A RESOLUTION APPQINTING QUALIFIED REGISTERED ELECTORS TO ACT AS JUDGES AND CLERKS AT THE SPECIAL MUNICIPAL ELECTION CALLED FOR TUESDAY, OCTOBER 14, 1975 • ~ WHEREAS, at a Special Pdeeting of the Town Council of the Town of Vail, Colorado, held Tuesday, September~9, 1975, the Town Council did by Resolution call a Special Municipal election to be held on Tuesday, October 14, 1975; and WHEREAS, Colorado Revised Statutes 1973, X31-10-401 requires that at least 15 days prior to any municipal election, the Town Council shall appoint judges and clerks of election and their alternates, NOW, THEREFORE, BE TT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section ].. The following quali.~ied registered eJ.ectors of the Town of Vail are hereby appointed and shall act as judges and alternate judges, and clerks and alternate clerks for the special municipal election to be held Tuesday, October 14, 1975. Judges: Sandra Mills I~largaret Leale Burdick Barbara C. Hoyt Clerks: Jeannine Hallenbeck Alternate Judges: Marcia Sage Doris Bailey £~Sary Susan McLaughlin Alternate Clerks: Eve Bascon Nott Eileen Schilling Heien Fritch Section 2. Said judges and clerks shall receive compensation for their services in the amount of $ ~,~.4P. each. -2- • Section 3. The Town Clerk ~.s da.rected, pursuant to Colorado Revisea Statutes 1973, X31-10-403, to mail certificates of appointment to such election officials. RESOLUTION AbOPTED AND APPROVED this ~{,~ day of September 1975. 7 E ( S E A L ) ATTEST: .~/N Tow}~i Clerk To n of V"a i1, a rada, ~ ~- f .~ Councilman L, ~ ti ~ seconded the motion, i and the question being upon the passage and adoption of said Resolution, the roll was called with the following result: Those voting "Yes": Councilmen: John A. Dobson 3s~ ~ ~;;. ~id Joseph Lang a Josef Staufer Kathleen Klug James A~. Slevin Those voting "No": o ~ ~ ~i..~ members of the Council present having voted in favor of the passage and adoption of the Resolution, the presiding officer thereupon declared the Resolution duly passed and adopted. Thereupon, after consideration of other business to come before the Council, the meetin s you r . ~wn of Vail, Colorado (S E A L) ATTEST: Tow Clerk Tow of Vail, o do -4- • ~ ~ ~, STATE OF COLORADO ) COUNTY OF EAGLE } ss. TOWN OF VAIL } I, R4SALIE JEFFREY, the Tawn Clerk of the Town of Vail, Eagle County, Colorado, do hereby certify: That the attached copy of Resolution No. ~„~tqy~, regarding the appointment of judges and clerks for the Town of Vail Special Municipal Election of October 14, 1975, is a true and correct copy of said Resolution as passed and adapted by the Town Council at a Regular Meeting thereof held at the Town Municipal Building, the regular meeting place of the Town Council in the Town, on Tuesday, the 16th day of September, 1975; that a true copy of said Resolution has been duly executed and authenticated by the signatures of the Mayor of the Town of Vail and myself, as Town Clerk of said Town, sealed with the seal of the Town, and recorded in the official records of the Town. I further certify that the foregoing pages constitute a true and correct copy of the record of the proceedings of the Town Council at its said regular meeting of September 16, 1975, insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken; that said meeting was duly held; and that the persons were present at said meeting as therein shown. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town, of Vail, Colorado this ~ day of , 1975. To n Clerk T n of Vai C brad { S E A L ) ~ 5_ • • RESOLUTION NO. 8 Series of 1975 A RESOLUTION DIRECTING COMPLIANCE BY THE TOWN CLERK WITH THE FEDERAL VOTING RIGHTS ACT OF 1965, AS AMENDED, TN CONNECTION WITH A SPECIAL MUNICIPAL ELECTION TD BE HELD OCTOBER 14, 1.975, TN THE TOWN OF VAIL, COLORADO WHEREAS, the President of the United States of America on August 6, 1975, signed into law Public Law 94-73, which law, among other things, amends certain provisions of the Federal Voting Rights Act of 1965; WHEREAS, pursuant to the Federal Voting Rights Act of 1965, as amended, certain duties with respect to the conduct of elections are ar may be imposed upon the Town Clerk of the Town of Vail, Colorado, in addition to those duties imposed by Colo- rado law and the Charter of the Town; and WHEREAS, at a special meeting on September 9, 1975, the Town Council adopted Resolution No. 6, Series of 1975, of the Town of Vail, Colorado, which calls a special municipal election to be held in the Town on October 14, 1975, having three questions with respect to issuing general obligation bands of the Town in the total principal amount not exceeding $1,160,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Directing Compliance by Town, Clerk with Federal Voting Rights Act of 1955, as Amended". Section 2. Town Clerk Directed to Comply with Federal Voting Rights Act of 1965, as Amended. The Town Clerk of the Town of Vail, Colorado, is hereby directed in connection with the special municipal election to be T~cwn Jerk . ~ ~ ~ # .~ Resolution 8, 1975 Page 2 held in the Town on October 14, 1975, to do all acts with respect to said election as are or may be necessary to fully comply with the applicable provisions of the Federal Voting Rights Act of 1965, as amended, in addition to all other duties imposed by Colorado law and the Charter of the Town. Section 3. Effective Date, This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 15th day of September, 1975. ATTEST: ~_ ~~'~[~ Town C1 ~~~ ~ nevo= ~ ~. RESOLUTION NO. 9 Series of 1975 A RESOLUTION AUTHORIZING THE LEASE OF SEPTEMBER 16, 1975, BETWEEN THE TOWN OF VAIL, COLORADO, AND EAGLE COUNTY SCHOOL DISTRICT RE 50J, FOR THE SITE OF A PUBLIC ELEMENTARY SCHOOL IN THE MUNICIPALITY WHEREAS, it is the desire and intent of the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", to benefit Eagle County School District Re 50J so as to further the education of the people within its juris- diction; WHEREAS, the Town purchased a 4.301 acre parcel of land, a portion of Lot 8, Block 2, Vail/Potato Patch, County of Eagle, State of Colorado, for $225,000.00 on May 15, 1975, which it will lease to the local school district on a long-term basis for rent of $10.00 per year so that Eagle County School District Re 50J can construct, maintain, and operate a public elementary school in the municipality; and WHEREAS, at its regular meeting on September 10, 1975, the Board of Directors of Eagle County School District Re 50J by resolution approved and executed a proposed lease far said school site and authorized its attorney to negotiate and execute an addendum to said lease; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Authorizing Lease of September 16, 1975, for the Site of a Public Elementary School". Section 2. Authorization for Lease of September 1b, 1975. The Town of Vail, Colorado, is hereby authorized pur- suant to Section 13.3 of the Charter of the Town to enter into To n Jerk • • ~ Resolution 9, 1975 Page 2 the Lease of September 16, 1975, and the Addendum to Lease of said date, which were previously approved and executed by Eagle County School District Re 50J, and then to enter into the redrafted version of the Lease of September 16, 1975, which will supersede said Lease and Addendum to Lease and constitute the only lease between the Town and the school district for the site of a public elementary school in the municipality. Section 3. Execution of Lease Instruments The Town Council authorizes the Town Manager to execute the lease instruments authorized in Section 2 hereof and the Town Clerk to attest thereto. Section 4. Effective Date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 16th day of September, 1975. ATTEST: Mayor " Town C ~~ ~ ~ ~ ~• ! RESOLUTION NO. 10 Series of 1975 A RESOLUTION CONCERNING THE GYMNASIUM OF THE PUBLIC ELEMENTARY SCHOOL TO BE CONSTRUCTED, MAINTAINED, AND OPERATED BY EAGLE COUNTY SCHOOL DISTRICT RE 50J IN THE TOWN OF VAIL, COLORADO WHEREAS, on May 15, 1975, the Town of Vail, Colorado, purchased far $225,000.00 a 4.301 acre parcel of land, a portion of Lot 8, Block 2, Vail/Potato Patch, County of Eagle, State of Colorado, to be used for a public elementary school; WHEREAS, the Town Council adopted Resolution No. 9, Series of 1975, authorizing the Town of Vail, Colorado, to enter into the Lease of September 16, 1975, between the Tawn and Eagle County School District Re 50J, for the site of a public elemen- tary school in the municipality; WHEREAS, at its regular meeting on September 10, 1975, the Board of Directors of Eagle County School District Re 50J by resolution approved a contract to construct a school building for $1,$64,400.00 on the site leased from the Town of Vail, Colorado; and WHEREAS, said $1,864,400.00 school construction cost includes the cost of the gymnasium which is substantially larger than was originally planned by the school district, said :expanded gymnasium being included in the school construction plans at the request of the Town; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shalt be known as the "Resolution Con- cerning the Gymnasium of the Public Elementary School in the Town". Tow lerk b Resolution 10, 1975 Rage 2 Section 2. Intent of Town Council to Contribute to Construction Cost of Expanded School Gymnasium. Tt is the intent of the Town Council that the Town of Vail, Colorado, will pay $124,000.00 to Eagle County School District Re 503 within one year from the adoption hereof as its contribution to partially offset the additional construction cost incurred by the school district for the expanded gymnasium of the public elementary school which the school district wi11 construct, maintain, and operate on the site leased from the Town under the Lease of September 16, 1975, said sum being approx- imately twenty-five per cent (25~) of said additional construct- ion cost. Section 3. Effective Date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 16th day of September, 1975. ATTEST: { TOWri ~~~ ~ Ma.o~ f RESOLUTION NO. 11 Series of 1975 A RESOLUTION OF INTENT TO ANNEX AN AREA GENERALLY NORTH OF AND WEST OF THE TOWN OF VAIL TO THE TOWN THROUGH AN ANNEXATION ELECTION WHEREAS, at least ten per cent of the qualified elec- tors, who are resident in and landowners of the area proposed. to be annexed, to-wit an area generally North of and West of the Town of Vail, Colorado, County of Eagle, State of Colorado, described in Exhibit A attached hereto and made a part hereof, which is situated in a county of less than twenty-five thousand inhabitants, filed a Petition for Annexation Election with the Town Clerk of the Town of Vail, Colorado, on the 7th day of October, 1975, requesting the Town to commence proceedings for the holding of an annexation election and in the event the pro- posed annexation is approved in said election to annex said area by ordinance; WHEREAS, the Town Clerk referred said Petition to the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", as a communication at the scheduled public hearing on the 7th day of October, 1975; and WHEREAS, having received the Petition for Annexation Election, the Town Council of the Town is required under The Municipal Annexation Act of 1965, Title 31, Article 8, Part 1, Colorado Revised Statutes 1973, as amended, to determine whether said Petition is in substantial compliance with Section 31-8-107(2} of said Act and, if so, then to follow the procedures set forth r in Sections 31-8-108 31-8-109, and 31-8-11a; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution of Intent to Annex an Area Generally North of and West of the Town", Tow Jerk i '~ . •~ . Resolution I1, 1975 Page 2 Section 2. Petition in Substantial Compliance with Annexation Statute. The Petition for Annexation Election is found to be in substantial compliance with the requirements of Section 31-8-107(2), C.R.S. 1973, as amended. Section 3. Intent to Annex. The Town Council hereby expresses the intent to annex an area generally north of and west of the Town of Vail, Colorado, described in Exhibit A hereof, to the Town subject to the proce- dures set forth in Sections 31-8-108, 31-8-109, and 31-8-11Q, C.R.S. 1973, as amended, and subject thereafter to the approval of the proposed annexation in an annexation election to be held in accordance with Section 31-8-112. Section 4. Public Hearing on Petition for Annexation Election. The Town Council of the Town of Vail, Colorado, shall hold a public hearing to determine whether the Petition for Annexation Election complies with Sections 31-8--104 and 31-8-105, C.R.S. 1973, as amended, or the applicable portions thereof, as may be required to establish eligibility for annexation under The Municipal Annexation Act of 1965, as amended, said hearing to be held at a special meeting of the Town Council on the 11th day of November, 1975, at 7:30 P.M., in the Punicipal Building of the Town. Section 5. Notice of Public Hearing. The Town Clerk shall give notice of the aforesaid public hearing and special meeting in accordance with Section 31-8-108(2), C.R.S. 1973, as amended, Section 4.2 of the Charter of the Town of Vail, Colorado, and Section 4 of Ordinance No. 1, Series of 1974, of the Town. Section 6. Effective Date. This resolution shall take effect upon its adoption. Town er}c . ~ ~ ~ ! ~~ .. Reso~.ution 1~., X975 Page 3 INTRODUCED, READ, APPROVED, AND ADOPTED, this 7th day of October, X975. ~` ayor ATTEST: 15~'~ Town g`~/e 4 M' , • i ~ 1r .'"~'' 41~'~ l~~R~~hi dj r''~f•, 'M. ;`f.nl'~, s,r '~•~~," ~a In ~ 4~~;{, 'r'j ~ ',_ ' 4 ~' , {y?, q i! 4 fE !~ y ~' ~+rn Ili 1 t '';'~.,.~i't:' I~i~, EXHIBIT A :!,.'•'>, s't~:e ''~' ' i`~~~~~.egal Description of Territory Annexed to the Town of Vail , Colorado , +.:,'7.': -^ t1f ~~°'7~tr4 ~~ I'I,r;t~~.t~ 'j ,x, J', . ~,~~"~~';'~.~'A tr~ICt of land lying in portions of Section 1 and 12, Township 5 South, R nge 81 ,'"~',~•~s ;~, ~~'~~; . ,West of the 6th Principal Meridian and in portions of Lots 1 and 2 of Section 6,' ,, •,~ .: ~,4,:,~~,, Township 5 South, Range 80 West of the 6th Principal Meridian being more p rticu- '~;~,~~. "~~ ~~~ ~ • l arty described as follows : '' ',;~~` +h ~,.,d~ir ~ ~ `. ~. ' , t. '._~~~~;t;-:s+n' Beginning at the Southwest corner of the SE 1/4 of the SE 1/4 of said Section 1, ` ~`°'}~~,~~~ ;~y~~~~'s.~~.'sald point of beginning also being a point on the boundary line of Lions Ridge Sub••;;'~°;, .' "~` ~ i`•'~ ''''~di vi s ion as recorded i n the office of the Clerk and Recorder, County of Ea 1 e, ~ ~':' lAp .rr. ~ ~ ~ •r"~~~I <~;,~,~; `~, Colorado; thence along said Lions Ridge Subdivision boundary line, said lie ~•~~-° Ir~~~, .i. '+'r~•y~ also being the west line of said SE 1/4 of the SE 1/4 of Section ], N 00°0 '25" '~' """'"r;;~~ ~..,~ ''~4~~f's~`4•'~ E 769.32 feet to a Dint on the northwester) right-of-wa line of .Lions Ride `'.•',~~; .°'*~~ Y Y 9 ',:tit '~~;,`; ~ Loop in said Lions Ridge Subdivision; thence departing said Lions Ridge Su divi- ~ ~.~'~?~'-~ ;~,~ ~''•~r•'~~ soon boundary line but continuing along said west Tine of the SE 7/4 of th SE '~''~~''to i"''~ '. ;~~, ~~' 1 /4 of Section 1 rJ 00°03' 25" E 610.40 feet to the Northwest corner of said '~" ~r: .~.~~~',,,~ SE 1/4 of the 5E 1/4; thence ri 87°48'35" E 802,69 feet along the north li a of :~,.,'•' +,~,''~l,,,'' said SE 1/4 of the 5E 1/4 to a point on the north boundary 1 ine of said Li ns ~`~~`~,'~I.~~ `~1 x~~,,~, f; Ridge Subdivision, said point also being on the northwesterly right-of-way line .:. ~;~;;.,,~~~' >,~.~. of said Lions Ridge Loop; thence continuing along said north line of the SR 1/4 ' ~ ;,„t; •~ F `'•';s of the SE 1/4 and also along the north boundary Tine of said Lions Ridge S bdi- ''•°k';~~ ~~,~~nt: ~~;':; .vision N 67°48' 35" E 574.81 feet to the rlartheast corner of said SE l/4 o the ,;'.~~'~~, ~~ "',J~y~r Yr'`~.' SE 1/4 of Section 1 , said corner al sa being a point on the west 1 ine of sa d Lot .' • ~, ~ x `;~. ~ti~y~~,~ l of Section 6; thence departing said Lions Ridge boundary line on a tours bear- , .~.•`~.~ ~'~ ~~,~ ~`"ing N 00°04'45" E 353.92 feet along the west line of said Lat 1; thence dpart- . ~ ~"~ :~"~`~ ''s;=• ing said west 1 ine an a course bearing S 89°55' 15" E 337.00 feet; thence 00° "`:'I'~` '~~:•`°=' 41'15" E 91,57 feet; thence S 86°49'15" E 428.27 feet; thence S 84°44'15" E ~ ~`''~` !1"~,•~~••f~s 164.18 feet; thence S 65°38' 45" W 206.97 feet; thence S 44°45' 45" W 89.4 feet; ' :.: , ~Y~f ''~'~~~~';~'~' thence S 14°58'45" b! 83.96 feet; thence S 34°03' i5" E 162.45 feet; ~ thenc , •;~.~_;;,;~ ..,., ,;~a:, ' ~':~~'~~ S 00°00' 15" E 274, 38 feet; thence S 89°59' 45" l~! 336.53 feet; thence S .62 35'45" '-` ;;: ,'' .~ ~.~~~~~~~''.' W 71.82 feet; thence N 89°55' l5" bf 341.79 feet to a poi nt on the west 1 i e of ~ ; ,~`r ~~' 5 ~ •i , '~` '``~~~~' said Lat 2 of Section 6; thence S 00°04'45" t! 250,69 feet along said west line `°y~~` ,~,a,:.;..~ 0 a 11 ,,,: ~, „`~~ ~~ '~'~ of .Lot 2; thence departing said west ]ine on a course bearing S 83 18 09 ,;..'~~ '~~~'~~,~;~,;':•"l43.35 feet; thence S 53°)8'09" 1•! 50.00 feet; thence N 87°38'37" W 45.00 feet; ,` ' ,~tN~++ ,. .,,. .. ° .. ° II ° ~ : ~; r,,..r~ ,~ " '~~'~ thence S fit 52 37 Y! 66.35 feet; thence S 17 00 49 V'! 40.00 feed; thence S 02 ~- ~;~; .~4r1~',1' 21' 11" E 469.00 feet; thence S 01 °49' 29" W 117.86 feet to a aint on the norther) ~'~~ ~~ .~,~';{.:`,~ right-of-way Tine of Inters ate High y ng said I-70 rig t-of- Y.'+~ ~ '~ t wa No. 70• thence alo ;,~r~~.s;~:"' way l ine N 62°26' 45" E 268.92 feet; , . ~''~ .f~ ~ thence along said I-70 right-af-way 1 ne •~ ~~S't.`:'~~..' N 00°31'36" W 19,70 feet; thence along said I-70 right-of-way line N 59°3 '22",; ~ ~ ,,,,~,'~;~~,~ ;;~~,~~';~~ .E 49.90 feet to a paint an said west line of Lat 2~; thence along said wes '' ~ ;..~,~,~ .~;N~',,.~°•,~'~.line S 00°04'45" W ~ 161 .00 feet to the Southeast corner of said Section 1; thence - '~',hw~' '~~:°'~'~~:;"';' S 00°07`01" W 1397.09 feet to the Northeast corner of Lot l in said; Secti n 12; ,' ~ ;~-~•.4 ¢, ,. r thence 5 89°06'03" W 1387.64 feet to the Northwest earner of said Lot 1; hence '' ',:~,,'~~~ „ f~~' r f5 00 40 34 4J 2182,01 feet along the_west ]ine of said Lot 1 and Lot 2 of said '•,~,,~f~« &~ ~ .p~~r Section 12 to the Northeast corner of Lot 3 of said Section 12; thence N 8°38'12" `~ `~~~'"~~€i _~~,a. ~~' #~~;~`W 1391.70 feet to the northwest corner of said Lot 3; thence N 00°42'50" E ~ ,<;';~:'~'~ a +x~'. ~~~;.k~',1193.86 feet along the rlarth-South centerline of said Section 12; thence depart-''~.. •~°`~"°~; ~,~;-:''`•;ring said North-South center)1 ne N 89°28' 10" E 232.00 feet; thence N 00°42' 50" E .i ..~'i;~~'~ ,;s '~~~'khr}y~~,~ 187.00 feet; thence S 89°28' 10" 4J 232.00 feet to the center of said Section 12; '~• '~~'~z~~t'•~ ., . ~! ~•. .~;,~u~+''~'.s;~.thence along the East-West centerline of said Section 12 S 89°28'10" W 921.21 1'"':'`''~~ ~. ~~ •.~;:•;. ' ' ~' ~`~ feet to a point on the southerly right-af-way 1 ine of Interstate Highway No, 70; `; }1` ~'';~'I ;M 'thence N 21°37'31" W 363.42 feet to a point on the northerly right-of-way line ~~~~•' ..,,....y; ,. ~, t .; ,..}, -;, ,, ...;''of said Highway, said point also being a point on the southerly boundary line of `°°'~,;;~~}~~~' ~~~~''~ ~'~`,Lions Ridge Subdivision Filing PJo. 2 as recorded in the office of said Eagle County:~~;~~•r~~~~M~~ t+u~11.-~~.' ~:. Clerk and Recorder; thence along said southerly boundary 1 ine and northerly right- :.ri~$',,.;J,; r' ~ ' y ~~,~~,,,'.w; of-way 1 ine on the fol l awi ng courses : N 52°50' 29" E 842, 34 feet; thence N 41 ° ;:,.y;~+ ~s;;',r~l~;sf;.31'43" E 102.00 feet; thence N 52°50'29" E 191.45 to the Southwesterly corner ;~'•'}~~' ~',. ;~~~,~•~~~ .. II ~' ~',~"'a~~' ,~~.u;N;tof Block C of said Lions Ridge Subdivision; thence departing said northerly ';~,.,~~~,~ ~' ''"' right-of way line and along the westerly boundary line of said Black "C"; N 37° '~~' :.~;-,~~; .~~~~'~%~~`!~ 09'31" W 269,33 feet to a point on the southerly right-of-way line of Lions ~ '.~'..y.~~ ,,~t~..,.,, Ridge Loap in said Lions Ridge Subdivision; thence along said southerly right- ': ;i:.r~~`~,, '•,'~~ 'f ".F; of-way on the following courses : N 59°32' 06" E 1243.30 feet; thence 488.67 ~ ~~ '~~ ~~~' `'i'~'feet along the arc of a 1771.95 foot radius curve to the left, the chord of ~.~'~~~;,k'~°"~~~, ~~`~ "which bears N 51°38'04" E 487.12 feet; thence departing said Lions Ridge Loop•'~`.'r;~~~'~`~~~ +•~i`, ~:~ right-of-way along the westerly boundary line of said Lions Ridge Subdivision ' •~-"~~*~s+ ~.•,.~.,. N 00 03 25 E 583.80 feet to a paint on t.1~e north line of said Section 12; thence ;;,„.ry~~a .;~;° 'N 88°17'49" E 300.00 feet along said narZlt line to the point of beginning, con- '~''~~';~~, , ra' • ' taining 222.93 acres more or less . ''4s 4. , ~ ' '.I:; . `',`~~;,t~ . ~~ ; .. 1 r;..i', ., i ~~ ~ ~ ~~ ti ~ ~ ~ a e ° o a '~ ~m~~~a~a~n'° a ~" n- ~ ~ ~ ~ ~ 4 m' ~ ~ ~*~~~~C~~,~ ~ ~ ~ Q ~ c1, ~ ~: ~ p ~ ~, ~ ~ ~ ~ ~ ~ o a~a ~ h ~ ~ C ~, ~ ~ 'zJ '"' co r« .p ~' ~mro~~raaa~ D' ~ ro ~ c~ ~c ~ c ~o ~~~~ ~~~x ~ C w ~ b a °+ „ ~ °'°+~H~o~m eo p, y a ~ "' G 8 c °' ~ba+a~"c~ ~ y O V ~ I ~,T, b d ~ ~ V1~ ~ R ~ fL 67 ~ CD ~ m rT A ~ m ~ (~~+ ~ R ° K. ~ d Vl ~ 1W"~C 70~~ ~~ ~NO~ ~N ~~7 C>n.?7 'W"O n~F+Ww .{gyp ~~V ....nn~ Omwm a ~,~,..- °-_ .. .- r`~ q m' 111 ~ m _ 66 -1 -i 1~! _ 7'in ~ O~w m'. »~..,E 1~ m,^,3n -~C ° O^m ~.m.'°'~+c' .~p ssoo:~ 'myy3o°'o--< mro,.~~.~*m~ - i-+Or~tr~o'~'S-iXN~, tiT-4 Wus'"D ~srr Z4' ~ .a O ~mro_ a ro roro~~~ °N ~~`~, . p ~~ 6'_ y2 ~ '~ !R 3~• ~ of oc~° .^» 4' E'~"Ena '^ ~qc .am-• Nln m v-.a w~y_ iaN y ~~ ~ ~ y-' n.. -1 -1 i.s a » p ~ y d o° ~ n p_ 1 0 O O ~. , a -, ~• y a a n n~ a'n y.-. y ,. ~ +, Lr' D. O'D D ° A ~ oo m ro "D° ,y I,~~-i ° " m -~ o K c" ~~~'- Z ~1r'O_ G~»''+k ... .{ as D^i,~-1r Nn~ O ~ a '~»a~az..a<~..~' ~ ~n,~'~ Si Off' ?~~` .w ZD_o r_1I "~~~oon ~ y~,.^. ~ °G ~m~..°.° IM 7~ r ~ ~WwDs~°o "$~~IZOEO~ D.m a^^~`"' cn.,A'aEo. ~~,~$ s_ ~,o0g. ,g°jQO ,.1p7°n~ ~ ~..$1'ZtD 1+ ~~ 00 ~ 7 ~ G ~ ~ ' d W, m -. 7 ~ ~ •>7'~ C ~ O ~ .~ ~ rt n .,^y ~ a-o +1'° 111 v .14 _ b ° '~ ~+y~ 'Z 4°~o,~m-IZ a O"f0 M= n,o,p?~nr~ Om ~~-~-'!^'"o ~'° c~<~~° o~g~~~a2= ztn U1 4: ~' ~ ''" z»X_ +'~~ »«. ~' ~mm~~ 'o yDDnn-y~ nD mogg ~~.. ~,33fnfm ~D InZZO w '~ po-+ •„f3~" ' o r 002 H a ~n N» y .,3 a ~a~`, d .O~ 0 AA .. ~ ~~ a m' a e~'yy. ~ O- $ s"o ~ .. -11". '<p~~ N pm.. drn3 Savo '~m~ hc°}y nBOO ° •~A~anm OZQ.xFX[ mE p ~°. P ~ ~ -I -1 ~ .r M to ~+ a a m ~ m ~, ~ w 4 n .~1 d.• ...c: +I ,'" -{ A -r3 a •~,~ so 0 ~ as ~O=fib o°o+~n°wR~=`~~n;» ~":~ ~°i^a~~ =o~'.a ., d 2 z0,~- ~.w w ao -I ~. 3z o~~r 0 1n~~o~'~~a ° ..~.•'m a~. ~caW1n 2~ m.: ,.°o~`Rw rn g~ yn rl r~ 0q,,., A"1c oy~n y~ ,~ o ~.o~ya vd o m ~'l~ g r y' A O~~ Vin"' r2-I ..,.~~' 1a :y»a+ov3~"o ~ ~~"'K9. o.~oa,,~~,»<<a.or~`;~;Za!~DZ!~? . '~ .. ~Xa' ~ :lntwDD~~ ,ow'~~ i Q~I~_~nW'~~°ismlm±j•Vs_~C~'3v~a~ gphm»nm,°p,~n :ggD~~O.mE~,~ "q~ylAOym~ . m "N y r O N91z F+N.aaWt7 hWdS~1Y '~' ~~ OWC'G~~n7~ro ~ 1f .+ a C, D7 ~ so m i, ~ ~' C 0 n ,,... c .. m fl' y m 3 a ro• Z 1 , v~ ~ b ~ a y F. p.ao ro "~ .. -~ m n ~`,D ? ~ a ~. a o 'Ci fJ'o.: r ~ ~ 'C ...~,,, ' ~ Do.c' vyC 1 Z nD +7 ODD,, tn' p«..ca aa~,m, ~ro~.~+ xy.m'a.~, pya F ~0..' ~~~-" ~ ~ <Omo'~oo~~aD~E~q ~"'~ ~ ~icnma3aorofcv~--~~~n»o s$ 2~~,z `~ F q ~i~ ~, Wks (n ~y~ DC .i~$F»y y, ~:o<on' o.^.`~~cro~M~ E-^~$' ova I'.e"Zd _ rm ~~Q~gOY ~~ ~l 1-2 3o"-'s{~^ro_~z •.~ °'E° Q~."~OO"'~~ao~ydnmaamF ~f° A-~i~mx '~ ~~X,.-~~ '_T.~T:~. i:.,~R"~iy.,~... ~ 'N ~~~07ii °.xu mm m.wN -77C `G an7 ~®7m~~^a SjLO O.~. .`. IP 6.~.. i~p-I '.~-~ - f... - .. ~ .. ~`~ • • i .~ ...,.r subject ther~prti rto~4 sppro~aT' 4f trle prop aAnetpttfon .in en pnnezatfon elec on tn' ba `bald In acctgrdance with. 5ectian 31x8-lla: ' SECTION 4. PI,FBLIC HI:ARINQ ON,P'HTI7'tON POii ANNHXATION ELECTION, ~ `< =.' ' '.~ Tha Town Council of ShA Tawn of Vall,.t:olaratla, shailfia;d a publla F neafJng to dstsrrr+ine whether the Petition. 'for Annexation F~dction cdmpHas with Setti6ns 31-B+IYy4 and °31+8.105, C.R.S: 19.73, as amended, + or the applicable portions, thereof,, as may be requ{reed' 'to establish ~ oilgib111ty for ar}rdxation under The MunlQipai, Annexstlor~ Art' of 1965, as amtsnd~tl, saitl hetirfng to be held at a spacial meeting of the town Counc}I. arr."' the ' 11th day ..of November, 1976, at 7:30 P.Ni., in.tne Municipal t3ulltlln9of the Town. • 5ECT.lON,_ $. NOTICE bF PUB- LIC HEARIN4, Tne,Town Cierk shall glvie' notice of the aforesaid public haarir4g and `• special meeting ' in accordance with S'ectlon 31.8.10&{2}, C.R.S. 1973, as amytittled, Section 4.2 of the Charter of thy, Town of Vall, CalQrado, pod SeFtio.n 4 of Ordinance Na• 1; 5erles of 1974, of the Town, "' SECTION §. EFPECTIV£ SATE. Thrs resalutian_ iheil take etfeot upon Its adoption. 1NTR000CED, RHAD,' AP• PROVEr3 ANO AOOPTELI, th€s 7th _ da_y of October, 1975. ~ ~ ;" TOWN. Q.F VAIL - - ~ John A, Dobson - Mayor ATTfSTp "` Town CNiIF ~ - ,EXIiIBI~' A.' ~,_ I_EG'A'1: p£SQFttP-TION OF TERRI- TORY. ANNk~CE,p TQ.TI•{Ez'fONlN OF VQIIL,: COL•O14A~i /i traet':of land iyirig•In' par11one. of Section 1 and i2, _Townshkp,.9`~South, Range 81 West of the ~Fitn 'Principdh Meridian and._ii1 ; portions.o,.} ~..ats , 3 sad _ z of Sectigr},.5, Tawnsftlp 5 South~>:tanlle 80 trkASt'af .thq ti~h prlnciPat.fatef}dtan being rYlo~'q:,-particularly ¢escribAtl as l,ar:tt(iso~ithwpsk;cor~ier of >1f tb0:5~J/+Cf.~'aittS~Ction ilrit.o be4lnninA else beEna a is sf E, Loons Ridge Loop in said LionLRld SubtllvEsiont thenCS depa/ttnq Lions Ridge Subdlvtst6n bound _ Tine but continuing aforsg 9peld w line of the SE va 0 ttf:e SE t4 -t1€ Section' 1 N ~[!0 de reel 43'25" E 610.40 feet to. the Northwest carMt'., of Bald -SE di of the SE tkl theniSS f~+ ; !hs ,~ ~'Jk,,?o~ -i~~ -qrv, - boltiMbi'[y"lbf said-G.1 sub'tllvls ort~~ d paiirt else the ndrthwestfrly rl~ll~-of-way ssld L,lon; Rld9e Laopt thM cantlnWng elfsrrg said north line' the SH 4h of the 5f«.:k and aiso'aH the north }»urtdary floe of sald'l.4 f3iage subdtastar+ .N a7 degi 48'38" E 1174,87 fast 'to; Northeast corner of sold SE ?k of SB ya of Scotian 1,. said ;earner ; being i point an the wart Iltaeo? t Lot 1 of 5ttctfon 61 thsnot} depart said Lions Rfdgp batatdary iln0 0 Course bearing N 84 degrees 04'+i~ 353,82 fast aion4 tns West IIrN sited°on a~eou~M iseap 9#d 69 tdeq ds9r+Nf 4Y'i$" S 9~~ f~etl thi ~ 86 8epr~es 4016" ~ 48.27. feet~!t thence S 84i,~ 44'18" E~O+fi18 feet; thence 5 65 de4retle 38'4$" W age.97 teetp- t€;i.nee 9..44 degrtiss 45'a$^ w 89.48 festj ttHnce 5 14 ,degrees $8'46" W x3.98 feed thence 5 34 ifegreas 03'15" E `162.48 feet thenca~5 00 tlsyraet 00'1'3+' E 274.2 festi thence 5 89 degisas 59'48" W 335.53 fast; thence S 52 degrees 35'45° W 71.82 }sell thence N.'89 degrees 55'15" W 347,79 feet tq a point•on the west Ilns of saEd t.ot 2 of section fit thence 5 00 de{ffsss 04'45" W 2SD.4$ foal along saltl West tins of Lot 2~o th@nca 'departing s;Ed ,vest tine on a course baaNn}~ S 83' degrees 19'09" W 143.35.feett thence 5 53 degrees 18'09" W 50.00 fast} thence N' 87 deyt'ees 38'37° w 4fi.DQ fee#; thence S 51 degrees 52'37+' 66.35 feet; thence S 17 tiegrsa , 00'49" w ao.DO rest; thence s .D,~., degrees 21'11" E 459.00 featLth:lnC1? S+OI degrees 89'24" W 117.88 test t4 a point on the northerly right-ofW4ay Ilne of {nterstate Highway fYv.~`70I thenc@ slang saltl I-70. right-of-way Ilne N~ &2 -degreas_ 25'45" E 268.93 feet; thence along saitl I.70 right•of+ way Ilne N 00 degrees 31'35°' W. 19.70 .feat; thence along-, said _I'-7$ rlght•of-way line N 59 degrees 36'22" E 49.90 feet to ,a point on .said w4sY line of Lot 2; thence along Bald wesf Ifne 5'00 degrees 04'45" W 16]„OQ re@t to the Soy thaasY carpei• of sold 9~t19n9~1firtdi4l~rTl5~'O1D' degres~ OTDi" W 1397.D9~; fee • t'ti -thsi fVdf1{feast corner of .4a#.:~ in wale Sect}pn 121 thence, 5 ,8~. Wgr,s. 06'033 W 1387.64. 'tp~1t- tp . t., r, Northwest corner of a+tEd Lo{,, therr't3e 5 OD degrees"- 40'34'": W 2782.01 feat along tM' w4st Ifrsq' of sold Lot 1 and Lot 2 of saltl 5ectian , 12 to the Northeast cgrtisr of Let of ~ sold Sactip9 12t ' thenco t~ R iegrAtis 38'12" GV 1397.70 feet to thy, Northwest corner of sold'- L.ot' thence N 00 degresh '.'42'50" 1193,86. feet along the ~+lorth.dp4t centerline of said Seetiam 12; thaq iyp~iitfng,saitl NDrth-SOUtIt centerlln~~. ,V 89 tlegrees 28'10" E 232:00 fes~} tnance N 00 da9rees 42'50!' E 187.0 rEatt !hence S 89• depress _x'8'10'! W 232:00 fast .tb the ean.ter of Paid iecrio{r 12; thence algng -the °_ast-West centerline otif.~alq Section l2 5 89 degrees 28'10". W 921.21. 'eat to a point on the~'sautherly 'fight-of•way Ilne of Interstats~Htpn-~ ,vay No. 70; thence N ,21 tlagraas 37'31" W 353.42 fMt tp a Point or4 hA no!tl?ertx-rlg7~ot-ffia~satid ~f Lions- Rfapsi.Stto4+wlNR+r-r ,.ti Z as Yecordad ~ftt the offf ',i =ogle County Clairk antl. lie thence al6rig sold southerly bor. Ina and narthes(>6- right4f•uta in tqe . toliawing cqursstss,, ]egrast (10'29"'F 842:34fee'tl' V 41 degrees 31'43" E 1A2:0 thence N 5Z degrse~ !f0'29!' E ; to the 5outhwesterfy enfntirol "C" ai sold ~ItIM Rid9+ $It#Itll :hence departing sakd .noi 'lght-af•way Ilne . antl atop rvestarly bosindsfy lifts of ~sl~lild 'C" 'N 37 degrees 09'31"' W rest to a point on the sot 'i9ht-of•way Ilse of • I,lons Loop In • sold Lions.. Rtd91 ilv{sion;~ thence, along said sol •tght-of-way ow ttla - tol ~aursasr N 59. dsgrees~'3¢' ?43.30: fella .th4ncq ~{~8.! Ong th0 arc of"'i ~.1 1:9 itu~ curve to the faR,•tltf el rich bears N .51 detr~eea 31 7.12 fsett thence depaftlt ins. RId9e' Loap -lgftt-of~lri a westerly boundlll'Sf Noe ms R1dge SulydlWtNolli hl Oil '25" E 583.80 tNE' CO a p a north Ilne of ?1e1p:t anon N 88 degrees 17'4, ' 4 jt along said Werth li+}e to tt baginning, corltaisrlM 4~9+' at :rs or leaf. ~ ..:~ ;,?~-' LJ • ~ ~; ~~- i . C E R T I F I E D R E C O R D O F PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO RELATING TO A RESOLUTION AUTHORIZING NOTICE OF BOND SALE FOR ITS GENERAL OBLIGATION BONDS DATED DECEMBER 3., 1975 ZN THE PRINCIPAL AMOUNT OF $$6D,ODD STATE OF COLORADO ) COUNTY OF EAGLE ) ss. } TOWN OF VAIL ) The Town Council of the Town of Vail, Colorado, met a.n regular session at the Municipal Building in said Town on Tuesday the 21st day of October, 1975, at the hour of 7:30 o'clock P.M. Upon roil call, the following were present: Mayor: John A. Dobson Councilmen: Thomas Steinberg John Donovan Joseph Langmaid Josef Staufer . Kathleen Klug ~~~~~ Town Clerk: Rosalie Jeffrey Town Attorney: Gene A. Smith Absent: James M. Slevin Thereupon Councilman John Donovan introduced and moved the adoption of the following Resolution which was read in full and is as follows: ~ ~ RESOLUTION N0. 1.2 Series of 2975 CONCERNING THE PUBLIC SALE OF GENERAL OBLIGATION BONDS OF THE TOWN OF VATL; PROVIDING DETAILS CONCERNING THE BONDS, THEIR SALE, THE PROJECT AND FUNDS RE- LATING THERETO; AND PROVIDING OTHER MATTERS RELATING THERETO. WHEREAS, the Town of Vail, in the County of Eagle and the State of Colorado, is a political subdivision of the State, a body corporate and politic, and a home-rule town pursuant to Article XX of the State Constitution, and article 2 of title 31, C.R.S. 1973; and WHEREAS, at a special municipal election duly called and held in the Town of Vail on Tuesday, October 14, 1975, the electors of the Town qualified to vote thereon approved each of three band questions submitted thereto, which bond questions included authorization for the Town to issue its negotiable, interest bearing general obligation bonds for the purpose of providing park and recreational land, improve- ments and facilities as well as bonds to provide additions and improvements to the Vail Transportation Center (herein collectively referred to as the "project" or "projects"), in aggregate principal amounts not to exceed the respective amounts hereinafter stated, to defray in whole or in part the cost of each project designated in the respective bond question submitted, as follows: Character of Bonds Park and Recreation Bonds Maximum Amount of Principal $775,000 Transportation Center Improvement Bonds and; $ 85,004 WHEREAS, the Town Council has determined to offer its bonds for said park and recreational purposes and for said Transportation Center Tnprovement purposes at public sale by means of its General Obligation Bonds, Series December 1, -2- 1975 {the "Bonds") as provided by this resolution; and ' WHEREAS, due to the necessity o£ immediately issuing without further delay the said Bonds and of obtaining promptly the proceeds thereof far the purpose of defraying in part ~ the cost of the project pravided in the Park and Recreation 1 bond question and the Transportation Center Improvement bond question, due to the necessity of accepting a bid for the purchase of said Bonds and of issuing them in a relatively favorable market and at a time when a volatile and rapidly changing market without predictable direction permits their C sale and issuance on terms favorable to the Town, due to the necessity of undertaking each such project authorized by I said bond questions without further delay and of avoiding to the extent practicable any further maternal and rapid escalation of construction and other acquisition costs per- taming to said project, and due to the urgent need of ad- ditional facilities for use by and service to the public without serious disruption, the Town Council has also deter- mined, and does hereby further declare, that an emergency now exists and that this resolution sha11 take effect im- mediately from and after its passage in accordance with law. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Town of Vail General Obligation Bands, Series December 1, 1975, in the aggregate principal amount of $850,000, sha11 be, and the same are hereby ordered to be, advertised publicly for sale, as hereinafter provided; and on Wednesday, November 5, 1975, at the hour of 10:00 a.m., Mountain Time, at Room 203, Boston Building, 828 17th Street, Denver, Colorado 80202, the Town Manager shall cause sealed bids to be received and to be opened publicly for the pur- chase o£ the Bonds. -3- ~ ~ `~ Section 2. The Town Manager be and hE~ hereby is authorized and directed to have published a notice of sale of the bonds in abbreviated form in the Vail Trail, Vail, Colorado, on a date sufficiently prior to the sale date to give adequate notice thereof. The Town Manager is also authorized to give such other and further notice of such sale as may seem apW propriate. ,. Section 3. Such abbreviated notice so to be published shall be in substantially the following form: _~_ (Form of Notice) NOTICE OF BOND SALE $860,000 TOWN OF VAIL, COLORADO GENERAL OBLIGATION BONDS SERIES DECEMBER 1, 1975 PUBLIC NOTICE IS HEREBY GIVEN that the Town txanager of the Town of Vaal, Colorado, on Wednesday, November 5, 1975, at the hour of 10:00 a.m., Mountain Time, in Room 203, Boston Building, 828 17th Street, Denver, Colorado 80202, sha11 receive sealed bids and publicly open the same for the I purchase of the Town of Vail General Obligation Bonds, Series December 1, 1975 in the aggregate principal amount of $850,000, said bonds being dated December I, 1975, maturing serially in varying amounts on December 1, in each of the years 1976 through 1995, inclusive. The bonds will bear in- terest at a rate or rates not exceeding 10~ per annum, payable semiannually, with the first interest coupan being payable June 1, 1976. There is a maximum interest spread permitted of 2~ per annum between the highest and lowest interest rate for different maturities. Bonds maturing on and after December 1, 1986, will be subject to prior re- demption on and after December 1, 1985 at a price equal to the principal amount of each bond so redeemed, accrued interest thereon to the redemption date, and a premium of 1 1/2~ of the principal amount of each bond so redeemed. The Town shall furnish to the successful bidder the executed bands and the unqualified opinion of Messrs. Rovira, DeMuth & Eiberger, Attorneys at Law, 1600 Western Federal Savings Building, Denver, Colorado 80202, approving the legality of the bonds. The Official Notice of Bond Sale, of which this publication is a condensation, together with the official statement and the purchase proposal are available at the offices of the Town Manager, Town of Vail, P.O. Box 100, -5- Vail, Colorado 81657, or from Boettcher and Company, 828 17th Street, Denver. Colorado 80202. . BY ORDER OF the Town Council of the Town of Vail, Colo- rado, this 21st day of October, 1975. _ Rosalie Jeffrey Town Clerk, Town of Vail, Colorado (End of Form of Notice) _6_ ~ ~ ~ Section 4. That an Official Notice of Bond Sale is hereby author~.zed to be prepared and mailed to such bond and investment houses and other interested persons as shall be deemed expedient by the Town Council. or Boettcher and Company, such Notice to be in substantially the t'ollowing form: -7- ~ ~ ~+ OFFICIAL NOTICE OF BOND SALE $$60,000 TOWN OF VAIL COLORADO GENERAL OBLIGATION BONDS Series December 1, 1975 PUBLIC NOTICE IS HEREBY GIVEN that the Town of Vail, Colorado (herein "TDwn"? will, on Wednesday, NOVEMBER S, 1975, at the hour of 10:00 a.m., rlountain Time, at Room 203, Boston Building, 828 17th Street, Denver, Colorado 80242, receive sealed bids and publicly open the same for the purchase of the negotiable, coupon, general obligation bonds of the Town, par~.icularly described below: BOND PROVISIONS ISSUE: "Town of Vail General Obligation Bonds, Series December 1, 1975," in the principal amount of $860,000, dated as of December 1, 1975, in the denomination of $5,000 each, numbered consecutively in regular numerical order from 1 upwards, and payable to bearer (herein "bonds"). MATURITY: The bonds will mature serially in regular numerical order on December 1 in each of the years and amounts hereinafter designated, as follows: Bonds Numbered Principal (all incl usive} Amounts Maturity 1 to 3 $15,000 1976 4 to 7 20,004 1977 8 to 12 25,000 1978 13 to 16 20,000 1979 17 to 21 25,000 '1980 . 22 to 27 30,000 1981 28 to 33 30,000 1982 34 to 39 30,000 1983 40 to 46 35,000 1984 47 to 53 35,000 1985 54 to 61 40,000 1986 62 to 70 45,000 3.987 71. to 79 45,000 1988 80 to 89 50,000 1989 90 to 100 55,000 1990 101 to 112 ~ 60,000 1991 113 to 125 ~ 65,000 1992 126 to 139 70,000 1993 140 to 153 70,400 1994 154 to 172 95,000 1995 ., g.. • ~ ~ PRIOR REDEMPTION: Bonds numbered 54 through 172 maturing on and after December ~., 1986, will be subject to redemption prior to their respective maturities, at the option of the Town, in whole or in part, in inverse numerical order, on December 1, 1985, or on,any interest payment date thereafter prior to maturity, at a price equal to the principal amount of each band so redeemed, accrued interest thereon to the redemption date, and a premium of one and one--half percent (1 1/2~) of the principal amount of each bond so.redeemed, INTEREST RATES AND LIMITATIONS: The maximum net effective interest rate is ten percent (l00) per annum, The maximum interest spread permitted for the issue is two per- cent (2~) per annum; that is, the maximum rate of interest accruing on~any band prior to its maturity cannot exceed the minimum rate of interest accruing on any other bond prior to its maturity by more than two percent (2~) per annum. Interest on the bonds shall be evidenced by only one set of coupons payable to bearer (that is, a second set of coupons designated "B" or any other sat of detachable coupons is not permitted) and payable semiannually on June 1, and December 1 in each year, the first coupon being payable .7une 1, 1976. A zero (0) interest rate cannot be named. It is permissible to bid different or "split" interest rates for the bonds, provided, however, one interest rate only shall. be specified for any maturity. Each rate stated must be a multiple of one-eighth { 1/8 ) or one--twentieth (1/2 d ) of one per cent (1~) per annum. PAYMENT: Both the principal. of and the interest on the bonds wall be payable in lawful. money of the United States of America without deduction for exchange or collection at United Bank of Denver National Association, Denver, Colorado, - 9-- . ~ F NO REGISTRATION FOR PAYMENT: The authorizing proceedings and the bonds will contain no providian for the registration of bonds for payment, as to principal, or interest, or both. AUTHORIZATION. The bonds will be authorized and issued and the contract of the Town of Vail creating an indebtedness of the Town for payment of the principal of and interest on said bonds shall became effective, only pursuant to an ordinance of the Town Council which will be finally adopted following the sale, under the limitations of the Colorado Constitution and the Charter of the Town of Vail. PURPOSE OF ISSUE: The bonds herein offered for sale will be authorized for the purpose of providing Town park and recreational facilities and of providing improvements to the Vail Transportation Center of the Town {herein "System"}. SECURITY: The bonds will, in the opinion of the bond counsel, be direct general obligations of the Town, payable as to both principal and interest from general (ad valorem) taxes levied against ail taxable property within the Town without limitation as to rate or amount. The bands are additionally secured by a pledge of the Town's sales tax revenues derived from a sales tax of 2g of gross receipts from the sale of tangible personal property and the furni- shing of services within the Town, provided, however, such pledge of said sales tax revenues is on a parity with the Town's obligation to pay, from said sales tax revenues, the interest on and the principal of the Town's General Obli- gation.Bonds, Series November 1, 1973 in the original prin- cipal amount of $3,000,000 and the Town's General Obligation Bonds, Series March 1, 1974 in the original principal amount of $5,500,000, and the Town's General Obligation Refunding Bonds, Series 1974, dated November 15, 1974 in the original principal amount of $2,640,000, which Refunding Bonds refunded the full $3,000,000 principal amount of the Town's General Obligation Bonds, Series November 1, 1973. The bonds are additionally secured by a pledge of net revenues of the System. -10~ ~ . • TERMS OF SALE BID PROPOSALS: Any bidder is required to submit an unconditional and written bid for the entire issue, specifying the interest rate or rates and premium, if any, bid for the bonds. No specified bid form is required. It is also re- quested for informational purposes that each bid disclose the total net interest cost in dollars and cents and the net effective interest rate. Each bid must also be in a sealed envelope addressed to the Town Manager, Town of Vail, Room 203, Boston Building, 828 17th Street, Denver, Colorado 80242. BID CHECK: Each bid must be accompanied by a cashier's check or a certified check of a solvent bank or trust company made payable to the Town of Vail in the amount of at least $10,U44, or by a cash deposit in a like amount. Such check or cash deposit will be held as evidence of good faith pending the delivery of the bonds, which deposit (check or cash) will be promptly returned to any such bidder if his bid is not accepted. TAX STATUS: In the opinion of bond counsel, the interest on the bonds is exempt from taxation by the United States of America under present federal income tax laws. If priar to the delivery of the bonds to the successful bidder therefor, the income received by private holders of obligations of the same type and character shall be taxable or shall be required to be used in any income tax computation by the terms of any federal law hereinafter enacted, then the successful bidder at his election made prior to the tender by the Tawn of the bonds for delivery, may be relieved of his obligation under the contract to purchase the bonds. Tn such case the contract to purchase the bonds will terminate, and the deposit acM companying the purchaser's bid will be returned to the purchaser upon written request therefor. Any such option shall be exercised by a letter addressed to the band counsel. hereinafter designated and deposited in the United States mails, as first-class mail, postage prepaid. -11- . ~ SALE RESERVATIONS: The Town reserves the privilege: (1) Of waiving any irregularity or informality in any bid; (2} Of rejecting any and all bids for the bonds; and (3) Of reoffering the bonds for sale, as provided by law. BASIS OF AWARD: The bonds, subject to such sale reser- vations, will be sold to the highest responsible bidder making the bid for the bonds to the~best advantage of the Town, which bid will be determined on the basis of the ' lowest net interest cost to the Town, which is defined as the total amount of interest to accrue from the date of the bonds to~the date of maturity, without regard to any option of redemption, less the amount of any cash premium above par bid. If there are two {2) or more equal bids for the bonds, and such equal bids are the best bids received, the Town will determine which bid will be accepted. NO SALE BELOW PAR: The bonds will not be sold at less than their principal amount and accrued interest thereon to the date of their delivery. MANNER AND TIME OF DELIVERY. The deposit of the best bidder will be credited to the purchaser at the time of delivery of the bonds (without accruing interest}. If the successful bidder for the bonds fails or neglects to complete the purchase of the bonds within ten (10) days after the bonds are made ready and are tendered by the Town for delivery, the amount of his deposit will be forfeited (as liquidated damages for noncompliance with the bid} to the Town, except as hereinafter provided. In that event the Town may reoffer the bonds for sale as provided by law. The purchaser will not be required to accept delivery of any of the bonds, if. they are not tendered for delivery within seventy (7a) days from the date herein stated for opening bids; and if the bonds are not so tendered within said period of time, the good faith deposit will be returned to the purchaser upon his request. The Town contemplates, however, effecting the delivery of the bonds to the purchaser thereof on or before January 9, 1976. -12- PAYMENT AND PLACE OF DELIVERY: The successful bidder or bidders will be required to accept delivery of, and to make payment of the balance due for. the bonds: (1) At the office of Boettcher and Company, Denver, Colorado; or (2) At the successful. bidder`s request and expense. at some bank or trust company in the United States of America, as requested. .Payment of the balance of the purchase price due at delivery must be made in federal funds or other funds acceptable to the Town and to any bank or trust company designated as the place of delivery for immediate and unconditional credit to the Town, or as otherwise directed by the Town. The balance of the purchase price, including any premium, must be paid in such funds and not by. cancellation of any interest coupons, nor by any waiver of interest, nor by any other concession as a substitution for such funds. CUSTP NUMBERS: It is anticipated that CUSTP identifi- cation numbers wi11 be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and to pay for the bonds in accordance with the terms hereof. A11 expenses in relation to the printing of the CUSTP numbers on the bonds shall be paid for by the Town, but the CUSTP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by the purchaser. LEGAL OPINION, BONDS AND TRANSCRIPT: The legality of the bond issue will be approved by Messrs. Rovira, DeAluth & Eiberger, Attorneys at Law, 1500 Western Federal Savings Building, Denver, Colorado 80202, whose unqualified, final, approving opinion, together with the printed bonds and a certified transcript of the legal proceedings, including a certificate stating that there is~no litigation pending af- fecting the validity of the bands as of the date of their delivery, and other closing documents, wi11 be furnished to -13- • ~ t the purchaser without charge by the Town. Sond counsel's approving opinion appertaining to the bond issue will recite, in conventional form, that bond counsel has examined the Constitution and the laws of the State of Colorado, the Charter of the Town, and a certified copy of the record of the proceedings of the Town Council taken preliminary to and in the issue of the bonds, and that bond counsel has examined bond numbered one of said issue and has found the same properly executed and in due legal forts. The opinion will then conclude (subject to the provisions hereinabove entitled "Tax Status"} substantially as follows: "It is our opinion that the above specified proceedings of the Town of Vail, Colorado evidence lawful authority for said bonds under the laws of the State of Colorado, including the Town of Vail Charter, now. in force; that said bonds are valid and the Town is legally bound by the same; and that all of the taxable property in said Town is subject to the levy of an ad valorem tax. to pay the saane without Limitation of rate or amount, and that the Town Council has provided for the application of certain sales tax revenues of the Town of Vail to pay the interest on and the principal of said bonds. It is also our opinion that the interest on the subject bonds is exempt from Federal income taxes under existing laws and regulations of the United States of America." A certified true copy of such opinion will be printed on each bond at the Town's expense. ZNFORMATYON: This Official Notice of Bond Sale (a con- densation of which may be published) and financial and other information concerning the Town and the bonds may be obtained from the Town Manager, Town of Vail, P.O. Box 100, Vail, Colorado 81657 or from Boettcher and Company. $2$ 17th Street, Denver, Colorado $0202. /s/ ROSALIE JEFFREY Town Clerk Town of Vail, Colorado -14-- . ~ ~ Section 5. Upon receipt of such bids, the Town Manager shall tabulate the same and he thereupon shall accept the bad of the best bidder or shall reject all bids forthwith, reporting to the Town Council which shall thereupon approve or disapprove of the action so taken. Section 5. The officers of the Town of Vail, with the assistance of its.financial consultants and bond counsel be, and they hereby are, authorized and directed to take all action necessary or appropriate to effecuate the provisions of this resolution. Section 7, All action heretofore taken by the Town Council and by the officers of the Town of Vail on its behalf directed toward the respective projects for which the subject General Obligation Bonds, Series December 1, 1975 are to be offered for-public sale be and the same hereby is, ratified, approved and confirmed. Section .8. The Bonds shall be authorized and issued and the contract of the Town of Vail creating an indebtedness of the Town to pay the principal of and interest on said Bonds shall become effective only pursuant to a duly adopted ordinance of the Town Council of the Town of Vail. Section 9. A11 by-laws, orders and resolutions, or parts thereof, in conflict with this resolution, are hereby repealed. This repealer shall not be construed to revive any by-Iaw, order or resolution, or part thereof, heretofore repealed. Section 10. If any section, paragraph, clause or pro- vision of this resolution shall for any reason be held to be invalid or unenforceable, such invalidity or unenforcea- bility shall not affect any of the remaining sections, para- graphs, clauses or provisions of this resolution. Section 11. In view of the factors stated in the last preamble of this resolution, the Town Council finds that this resolution is necessary for the immediate preservation -15- . i ~ ~~ and protection of the public pacoperty, welfare, health and public safety, and determines that this resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED, PASSED, AND ADOPTED this 21st day o£ October, 1975. 1 (SEAL) f Attest: ~~ Town Clerk / Town of Vail, C rado TOS~Ti~T OF VAXL 7 '~ By L.~_ Pzayor ' -1~- ,~ ~ i i Councilman Kathleen Klux seconded the motion, and the question being upon the passage and adoption of said Resolution, the roll was called with the following result: Those voting "Yes": ~ Councilmen: John A, Dobson • Thomas Steinberg • John Donovan Joseph Langmaid Josef Staufer Kathleen Klug . ~Ctt~sc~xx~$~~ Those voting "No": None ~;x lF1 members of the Council present having voted in favor of 'the passage and adoption of the Resolution, the presiding officer thereupon declared the Resolution duly passed and adopted. Thereupon, after consideration of other busin ss to come before the Council, the meeting s djo e . M o zL,. _ . -~. of Vail, Colorado (S E A L) ATTEST: A .BLJI~~ Torn Cleric Town of Vai / olora o -17- i ~ STATE OF COLORADO ) COUNTY OF EAGLE } ss. } TOWN OF VAIL } a i I, ROSALIE JEFFREY, the Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby certify: That the attached copy of Resolution No. 12 authorizing Notice of Bond Sale for its General Obligation Bonds, Series December 1, 1975, is a true and correct copy of said Resolution as passed and adopted by the Town Council at a Regular A4eeting thereof held at the Town Municipal Building, the regular meeting place of the Town Council in the Town, on Tuesday, the 21st day of October, 1975; that a true copy of said Resolution has been duly executed and authenticated by the signatures of the Mayor of the Town of Vail and myself, as Town Clerk of said Town, sealed with the seal of the Town, and recorded in the official records of the Town. I further certify that the foregoing pages constitute a true and correct copy of the record of the proceedings of the Town Council at its said regular meeting of October 21. 1975, insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken; that said meeting was duly held; and that the persons were present at said meeting as therein shown. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Vail, Colorado this 21st day of October 1975. Tow~i Clerk Town of Vail, o ado ( S E A L 1 --18~ ~ ~ ~, t RESOLUTION NO. 13 Series of 1375 A RESOLUTION DESIGNATING CARE WEEK IN THE TOWN OF VAIL, COLORADO WHEREAS, an international charitable relief organi- nation, Cooperative for American Relief Everywhere, hereinafter referred to as "CARE", was established in 1945 in New York, New York, and since then has helped to alleviate human suffering throughout the world; WHEREAS, because of unprecedented famine in many nations, including India, Bangladesh, Sierra Leone, Sri Lanka, Niger, Chad, Honduras, and Haiti, CARH created the World Hunger Fund in 1974 to provide food to starving people and assistance in food cultivation in undeveloped areas; and WHEREAS, the Town Council considers that the Town of Vail, Colorado, should support CARE's emergency famine-relief programs by encouraging the people of the municipality to contri- bute to the CARE World Hunger Fund; NOW, THEREFORE, BE TT RE50LVED BY THE TOWN COUNCIL OF Ti3E TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution sha11 be known as the "Resolution Designating CARE Week". Section 2. Designation of CARE Week. The Town Council hereby designates the week beginning the 20th day of November, 1975, as CARE Week in the Town .of Vail, Colorado. Section 3. Publication. The Town Clerk shall have this resolution published once in full within ten days after passage in a newspaper having general circulation in the Town of Vail, Colorado. To `Clerk • • • Res. 13, 1975 Page 2 Section 4. Effective Date. This resolution sha11 take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 4th day o£ November, 1975. ATTEST: t '~'o:vn C ie `~ ~% Mayor t d Ste! ~o i ~~ 0 a C M o °' ~ s. o ~' O ~~ °~, ~' c 0 K 0 a t7 '~ ~ o 1~ d Q ~~ n R °~ fl. 0 c A .0+, ~: a K d y ~i. eo m '~ O. G d ~~ I o. ~ ~ ~~~~~~coa. A v1~ H •~ ~ ~ a'7a m w ~• C..'3~' ~ G. d A ~ rah ~ Fi CL o0a ''~ A ~ '.y ~ ~~ ~ d ~ C ti y M~ 0 ~ii tD A O ~;m ~ ro a y,m O ~ as .., Ca a ~. ~ M C ~ er eD 'C rn -ae O ~ a4 M ~ mr'~~sn~~~' ro~ ~3 cn o ~, ~• a „ 'a ~ a m ?~Yv.~~~o~•~~.~ trs H ~ ~ ~. ~ n~~~~~~~a. r A ~o ~ w ~+ ~o ~ ~ w °;V ~ to ~ ~-e ~' C O~ '3" fD f0 ~-y ~ G vi 7'a 7 ~ ~ ~ ~ ~ C'Cy m ~ `~ ~. C tc ~' ~ ~~3"~rao.a b c. ~~ c;~ ~ ~ ~ ~ ~' "'y ~.^~"'~ R = ~ d ~ °C ~„ 4 ~o .O.h ~ ~, ~ d O w w ~~1 n H 0 r k~! H yy LJ O O ~ O vvw Q ~ ~ ~ [ r z av c s as 4n X00 ~nmmno rmv^I as ooafs"'; Z~-17uD m~ a .ymE~, m°':: D ~m Der ov'n3o~ QsAp~o~~= ~mm~^~pC y oB~ ~ ~O-~-I+n~wi?-itnm~m-~IUN~ -Im <2=°=o~oN. mw< s~G.. ~ m ~ -~~ ~ Z smmva~sm~'o"~mm"-"7mO--~ nCe ma~<5in~~ma~~sm N- m~ O ~ w 111 < m m ~,,.m n•'ANnOI O ,im'S plnsmo. ~ mc~a~D@~ ~ N.. ~anmU~ m-iN,nn~ n~ O I ~~~m~n .m m Im 7? $G o~:~ ~ OO~m.-~o~m~-i~..2.~~~~ ~'m~Dm~~3o~`~P~~AOmpaNN!o~~OmFS€m~~~ Z~O m OnnOE~a oOso o O NONE -I ~Tc,.,,mm o ~- ~. ~ d70~ ~ ;. Y+ x~ ,~Dpo ss '° gxx Ra < ~ s p"aIm_•aa~"'sti~ri~~oD •n ~ m 3ZC~~Zamno~Z.~~ yi Z ~Z~IO, Imo. ,.m~mDb3 3 a aramo -. }q~~ ,.. ,~ r <m6 ~ ,r0 ~m saBo..N. ..rm a,N.. na.,s~ v~. yr V-I ~C71nrF~o"G~`~anW~37C(~, ro s.p• ;r,.zTA~y°a.5',,. ~:+o~'I~"wa~ mNS~ '~m Amp"$~' mma N-~ S o ,"'~(j mm, _~ ~~..NoN~~ '~ m7G-y 2 /~nm },DC7• ~~='$+~az?o"~ g~w~q^ p¢¢,O.a~a"~4~~;m°0ig.71R-~'~'s '"$'enm•°»~ r7C0'"O `=1 ~~.: zKns'"a Mo-•~ O ~ag~i]j:~OA 'W~n°-1 0. Sc- .a s ~"'wo+o" n_ ~Z < oO~n~p m<o~~o~~'~va~ ~ ~T'-°<~m m_-~y0.a c,osnhZno~.'& m_n.-m ~~ OZ~N2 m s~ =mo'd93~"-u+~~ .a m DZ», oo~~o£ - p_ s s.sNmf1:: r-Ifi) O D mOnn~m ~ a«, ~ r.nm .s ,.o 7 sm m`s a~gZ.mfl~ AIZ ~. .m` fl~ a~ mm~['~.~< oNm~ 0 1Oo' nC'~ m~mQ~C1 oti?~py ds ss{D~'$°-'~ DOm-~ 30'C N 'W" m_ ~ ypN~ ~ pE. p~i0 D~~~<G 3mAd ?y"A GmtXI 3Li t1 p Z ~~D AD "' ~sG? cpc'~' ~' rnm ~~ may', a mn~Nm ~mi~mn °' G) ~~ ~ ~a=N °m~'? °. mG 9r~' m;~~N. _ 3aoa. m. a.. `~7 s~ 5 !f G, ~. ~, a c C7 0 ~ ~ ~~ ~ '~ i ~ ~ ~ 5 ~ ° o ~ ~ ~~~~~~~a~ ~ ~" A rn ~ °~ ~' a ~ m my~~'~~°~ A ~ a o-r ~ o' ~' Vn ~ ~ .., C.'4 ~ ~. C h ~ M p 'n ~ ~C ~ ~ ~ ~ ~ M ~ ~ ~ ~ ~ ~D.y. Cn O ~ ~ Qc ~ 0' BAs ~ r~l~"i ~ m G ~* ~ fD~~°~,m~n• C 0 •, o ~., m w G ~ r1 ~ ~ o ~aB~~~ ,~ d O C ~ ~ ~ ~ ~ ,~~ Oa4 ~ "'°~y ~0 CC"~ ~s .~ , J ~ ~ (~ C `C e~'E p TQ p ~ p~~i k 'C ~S r~~o C' ~ ~ I~~ ro~V{ ~ ~ ~ amm~~p~o, ~ r••+ 1co ,~ I~ ~ a ~ fD ~ ro y p ~ Boa ~ ° ~ `C x y o ~~ ~ ~ ~" p+ ~ y T'`'m ~ a ~+~ ~ ti d C ~ ~ a ~ ~ ~ ~~~ ~ a•~ ~ ~ e~ 0 r CZ H z oCOO1 ~p c '~mFgg, ~aa fi ~7 X00 ~=7mnC,3a~oI@~s,RpZE~p~ D ~ S $'~.. D ~m Dri- o'Pn3o~ tRo O ns °~.. $N 3~m °,<z'-sm°a3~sm'~O"~mm~C-~m$-tl<etpa.+e~mn=4~a~Emn~aI~~O<.°~.o°iDm~ Q ~. . ~~ n°N m-INenn-~a °n~.,..m n..•pNn. IO I~ty~ ° 3mo~' ~ °cOa~. °_ ~ N ~a~'-'`~ IO'ba.~o~m '~.+ 3i ~ rmn~.gDm ~C..'° ~~An$.,=,n '°~•~pE°.:"~om^7p 2~ U xm,.. ~. OamO~`~~oOmo'RO~O. oa0~-f~-i3O~~N..tn° paa~'-~~1 Qmx~'~m'Iq Q~~' fe ~_ DOP z EF e$ '$ s a- 3 m 3 o~x dsv-E2 ,~ ~2 T.~2~1p I n' a aZ ~-.JA~•~~' O O C d n -1 7.. c '`O•" sa~y3 e3 sfa uC~tn°a~D ~m~~ ~+ ~ Z, '~ C p .. t a G W ~ O .. r+ 0 ~{ 'f~ R1 - s 3 O •~. ~ ~ ~ -• 4 M ~np I/i. w ~pno... 3 v_ o3~.n s-• ~ TR~~°-sue., r,o, ~~°' 3a ro a C~- ~-I ~ ~~o111dw`~N{?11E~ a-!u ~'~rZm~~= ~'a~M~-oN~~~~ a3:°v~'~ DmZor tui m . h, AQ • ~ x: n s m c 3 ~ ~1_a-rs ~ ~e ..m ~ m 1'-I °-~~,m aOy ~ S~'n~`~,0~'~O ,~.Orou• o°'nm'n=~~,~ a~e'"on_~~ I'~O. ~~D8. inn ^'nx~M*. -•~ ~~ .'q ,5-c ~ 9 C. .G„..p r.m-.* w~ < rSOvi m=oo$ r^~<SG~•* O w,=~r ~~ AnaT.,~'~~.~n~an '33 :~w0'"Og n_~11,p ~ ~Z m~ -,;°d~~~=P~-cn~~ ? a~~ .DZ~ oaao3f waa~~~p~i~~ ~~.~uai~n°; ~••Ifil°'Q D O~ a0 n~n ° s~' y- a ~ rn11! -~~yO.a a rtroa mK. ms2 O- T2 w. ~ O l7 x°.:o~3i S• nN..~ C •O~ O,. °~m' O. wpwtsl: a ~ Ng~~o~ ~1qi a v p'n ~. a~,• c`~sc O m O~ o nC-1 'aOy~,n n,D~ ~~ s~ ~~.a D $O m m on ~ AE OI n3 ~ smvron~»o o°<nE~ G 0 o~p »D n ~~e~ oA*,~,~ °. Aq pn~ .A~~man 3..m~~~~ m~°. m,=,~, O L1 3 ~ I~ ? ~ r+ a - a 111 '1 . IR v F' . i11 S• •~ ui :' ~ 9 Q O II. a N ?t a 7c ~ . R ~' 1 . ~» ~ - ~ •~ r . ~ ~ ~ u ~NAL TO~~N OF NAIL, COLORADO RESOLUTION N0. l4 Series of 1975 A RESOLUTION SUPPr.,~rr~~TZrrG oz~i~z~v~c~ rro. z7, SERIES OF 1975, AS AMF~NDED; DETERMINING THE PRINCTPAL AMOUNT, BOND NUI~IBERS, PROVISIONS FOR REDEI~iPTION AND MATURITIES OF, AND RA'C'ES OF INTEREST ON $3,500,000 OI" TTIE TOWN'S SPORTS FACILITY REVENUE BONDS (NAIL ASSOGIAT~'S PROJECT); DETERMINING REVENUES TO BE PAID FOR SUCH PROJECT; AUTHORIZING INCIDENTAL ACTION; AND REPEALING INCONSISTENT ACTIONS, WHEREAS, the Town Council by Resolution No. 3, Series of 1975, adopted March 18, 1975, and by Ordinance No. l7, Series of 1975, finally passed October 7, 1975, as amended by Ordinance No. l8, Series of 1975, approved the financing of a corr~ercial development and sports facility project (the "Project"} for Vail Associates, Inc. (the "Company") pursuant to the Caurzty and-Municipality Development Revenue Bond Act {the "Act"); and, WHEREAS, the Town has approved a Sports Faci.liti_es Financing Agreement dated as of November 1, 1975 (the "Agreement") with the Company and has determined to finance f~he initial portion of the Project and its related costs by the issuance of $3,500,000 in aggregate principal amount of its bonds to be knoz~n as "Sports Facility Revenue Bonds (Vail Associates Project), Ser~.es A" (the "Bonds") to be issued pursuant to a Trust Tndenture dated as of November ~., 1975 {the "Indenture") to Central Bank of Denver as Trustee (the "Trustee"), and to be further secured by an Tndenture and Security Agreement dated as of Nove~.~ber 1, 1975 (the "Security Agreement") from the Company to the Trustee; and, WHEREAS, Ordinance No. 17, Series of 1975, as so amended, authorized the issuance of the Bonds and the determination of final terms thereof by subsequent resolution of the Town Council; and, ~€HEREAS, Goldman, Sachs & Go., Bosworth, Sullivan & Company, Xnc., and Boettcher and Company (the "Underwriters") have offered to purchase the Bonds at 942 percent of the principal amount thereof, with stated maturity and redemption dates and interest rates and propose to enter into an Underwriting Agreement (the "Underwriting Agreement") relating thereto with the Town, and the Company will join in said Underwriting Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF NAIL, COLORADO, that: Section 1. TITLE, This Resolution shall be known as the "Resolution Determining the Aggregate Principal Amount and Terms of the Town's Sports Facility Revenue Bonds". Section 2. TERMS OF BONDS. The Bonds shall be dated November 1, 1975, shall be in the aggregate principal amount of $3,500,000, and shall be issued as coupon bonds registrable as to principal only, in the denomination of $5,000 each, payable at the principal corporate trust office of the Trustee or at a successor paying agent. The Underwriting Agreement is hereby found to comply with the maximum net effective interest rate for the Sends stated in Ordinance No. l7, Series of 1975, as so amended. The principal amount, numbers, maturities and provisions for redemption of, and the rates of interest on, the Bonds sha11 be as set Earth below and in the final Town rk ~~ Offiesa~- Statement Bonds Numbered (AC- ) ~n respect of the o~. ~~x Yu~ av u~~t i4 Aggregate Principal Amount Bonds to be aptpzav~d ~Y `5 ~~ctie~ It dL tZt'LS' '~LS'~1ut~or! Interest Rate Per Annum ' Maturity Date (February 1) 1-90 $4'50,000 8 ~-/4°/0 150 91-160 350,000 8 1/2% 1981 161-220 300,000 8 5/8% 1982 221-300 400,000 8 3/4% 1983 301-340 200,000 8 718% 1984 341-380 200,000 9 % 1985 381-700 1,600,000 9 3/$% 1990 In accordance with the provisions of the Indenture, the Trustee shall establish a Series A Bonds Sinking Fund into which the Trustee shall transfer the following amounts on or before the following dates: Year (February 1) Amount 1986 $3ao,ooo x987 300,000 1988 ~ 300,000 1989 300,000 In addition to other redemption provisions of the Bands as contained in the form of Indenture previously approved, the Bonds shall be subject to redempt~.on prior to maturity at the option of the Town in whale or in part, and if in part then in the inverse order of maturity and by lot within a maturity, on any date on or after February 1, 1986. The Redemption Price to be paid in such event shall be the amount shown below as a percentage of principal amount, plus interest accrued to the redemption date: Redemption Dates Optional Redemption Price February 1, 1986 to January 3l, 1987 ---------___....__ZQ3% February 1, 1987 to January 31, 1988 ---------------__--102°/, February 1, 1988 to January 31, 1989 ----_--------______101°/Q February 1, 19$9 and thereafter ----------------------100% Section 3. DETERMxNATION OF REVENUES. Tn accordance with the Act, it is hereby determined that (a) no amount is 'necessary fvr payment into any reserve fund for retirement of the Bands and mainte- nance of the Project, and (b) the following amounts,~in addition to the amounts set forth in Section 2 hereof far the payment off' maturing principal and sinking fund payments, will be necessary for the payment of interest on the Bonds: Year Ending February 1 1976 -$ 78,375 1977 - 313,500 1975 - 313,500 1979 - 313,500 1980 - 313,500 1981 - 27b,375 1982 -,246,625 1983 - 220,750 1984 - 185,750 'own ~xk Year Ending February 1 1985 -$7.68,000 1986 - 150,000 1987 - 121,875 1988 - 93,750 1.989 - 65, 625 1990 - 37,500 Total $2,898,675 ''~, ~ ~ - ~ Section 4. INCIDENTAL ACTION. The Mayor and To Clerk of the Town are hereby authorized and directed to execute and deliver such other documents, including acceptances and conveyances of property interests, and to take such other action as may be necessary or appro- priate in order to effectuate the execution and delivery of the afore- said Agreement, Security Agreement, Indenture, .Official Statement and Underwriting Agreement {including the approval of changes. in such docu- menCs which the Town's special ~ounse]. approves and which do not alter the basic terms and substance of the proposed transactions, such approval to be evidenced by the execution by such officers),. the performance of the Town's obligations thereunder, and the issuance and sale of the Bonds to the Underwriters at a price.of 94~% of the principal amount thereof, plus ,interest accrued to the date of closing, all in accordance with the foregoing Sections hereof and the provisions of Ordinance No. 17, Series of 1975 as so amended. Section 5. REPEAL. A11 prior resolutions or parts thereof inconsistent herewith are hereby repealed. Section 6. EFFECTIVE DATE. This Resolution shall. take effect ©n the 13th day .of November, 19'76. INTROD~ICED, READ, APPROVED AND ADOPTED, THIS 4th day of November, 1975. ATTEST: ` /' ~ "" (r Town Cler / ~~ O Mayor Town erk ~~ ";:~~. ,, ,.,. .~ °,~, ,~~ RESOLUTION NO. 15 Series of 1975 A SECOND RESOLUTION REGARDINCx THE PROPOSED ANNEXATION OF AN AREA GENERALLY NORTH OF AND WEST OF THE TOWN OF VAIL TO THE TOWN TH~,QUGH AN ANNEXATION ELECTION '4'~HEREAS, at least ten per cent of the qualified electors, who are resident in and landowners of the area pro- posed to be annexed, described in Exhibit A attached hereto and made a part hereof, which is situated in a county of less than twenty-five thousand inhabitants, filed a Petition for Annexation Election with the Town Clerk of the Town of Vail, Colorado, hereinafter referred to as the "Town", on the 7th day of October, 1975; WHEREAS, in a public hearing on the 7th day of Octo- ber, 1975, the Town Council of the Town considered said election petition and found it to be in substantial compliance with the requirements of Section 31-8-107(2), Colorado Revised Statutes 1973, as amended, and enacted Resolution No. 11, Series of 1975, which set a second public hearing on said election petition at a special meeting of the Council on the 11th day of November, 1975, at 7:30 P.M., in the P4unicipal Building of the Town; and WHEREAS, the Town Clerk gave notice of the public hearing on said election petition to be held on the 11th day of November, 1975, at 7:30 P.M., in accordance with Section 31-$-108 {2), C.R.S., as amended, Section 4.2 of the Charter of the Town of Vail, Colorado, and Section 4 of Ordinance No. 1, Series of 1974, of the Town, received proofs of publication of the required notices, and attached the certificates of publication of the newspaper to said Resolution No. 11; NOW, TIsEREFORE, BE IT RESOLVED BY THE TOWPd COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Sect ion 1. Title . This resolution shall be known as "Resolution #~2 Regarding Proposed Annexation of an Area Generally North and West of the Town Through an Annexation Election". ~~t Town Jerk • ~ ~ r a r~ Res. 15, 1975 Page 2 Section 2. Findings of Fact. On the basis of competent evidence presented in the public hearing on the petition for annexation election on the 11th day of November, 1975, at 7:30 P.M., the Town Council of the Town of Vail., Colorado, finds and determines as follows; A. At least one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Vail, Colorado, the annexing municipality; the area proposed to be annexed is described in Exhibit A hereof and shown on the Annex- an on Plat which is incorporated herein by reference and made a part hereof . B. A community of interest exists between the terri- tort' proposed to be annexed and the annexing municipality; the territory proposed to be annexed is urban; and the territory proposed to be annexed is integrated or is capable of being integrated with the annexing municipality. C. Yn establishing the boundaries of the territory proposed to be annexed there was no division of any parcel of land therein held in identical ownership. D. The territory proposed to be annexed does not include an area of land held in identical awnership that con- sists of twenty acres or more which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars for ad valorem tax pur- poses in 1974. E. No annexation proceeding concerning any part of the territory proposed to be annexed has been commenced by another municipality. F. Pursuant to the Petition for Annexation Election which was filed with the annexing municipality, an annexation election is required to determine the matter of the proposed annexation. Tow C erg ,~ . ~'c ~ ~ s. f Res. 15, 1975 Page 3 Section 3. Conclusions and Determinations. Based on findings of fact set forth in Section 2 hereof the Town Council reaches the conclusions and makes the determinations as follows: A. The requirements of the applicable parts of Sections 31-8-104 and 31-8-105, Colorado Revised Statutes 1973, as amended, have been met with respect to the proposed annexation. B. The Annexation Plat which is incorporated herein is approved and shall be executed by the Mayor and the Town Clerk. C. An annexation election without the imposition of additional terms and conditions is required to determine the matter of the proposed annexation under Section 31-8-107(2}, C.R.S. 1973, as amended. D. The Town of Vail, Colorado, shall forthwith file a petition in the District Court in and for the County of Eagle, State of Colorado, requesting the court to appoint three commis- sioners to call and hold an annexation election to determine the matter of the proposed annexation in accordance with Section 31-9-112, C.R.S. 1973, as amended, and after the election, if the majority of the votes cast is in favor of annexation, to enter an order that the territory proposed to be annexed may be annexed by the Town by ordinance. Sect ion 4 . Effective Date . This resolution sha11 take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 11th day of November, 1975. ATTEST' : Town Clerk y~~ C~ 2,--- G- L- ,~ Mayor 'r {~fr ~' i 1 ~~~'~ ~`l~al Oescri pti an Lei 1:.~ •i ~xxr~xT A h ~ ~i~t.. ' 4 f•1 ^4~ ~~. .,,; r•~ of Terri tor,y Annexed to the ~ Town of Va i 1 , Colorado , ~ ~,'' ~',34~~"i WestBOf thel6th Pri nci pal priers dian ~,E.;~,.~ Township 5 South, Range 80 West of „•~', larly described as follows; ~~i ~ . ,,., ,~ ~~ ~~ ,;-'~a' Beginning at the Southwest corner of the SE 1/4 of the SE 1/4 of said Section 1, ~ ~~~, ~~ ~....5 .,,y~, ~~,~~~~{, said point of beginning also being a point on the boundary line of Lions Ridge Sub-~,; f.~r,~,~~~.r~fivision as recorded in the office of the Clerk and Recorder, County of Eagle,' .~;;; :f~ ~,;~r~;''~;Colorado; thence along said Lions Ridge Subdivision boundary line, said line. "•"~~~~ :c! `•!~'~'~k~~~kr~,also being the west line of said 5E 1/4 of the 5E 1/4 of Section 1, N 00°03'25" '~"'`''" t~ E 769.32 feet to a point on the .northwesterly right-of-way line of .Lions Ridge :;~~~,;~,,;. 1F•~ ~ !~'9 ~• ?,~~'• .5~.,'~ Loop in said Lions Ridge Subdivision; thence departing said Lions Ridge Subdivi- ,.'~:~,'~- ;' ,~~;,~~sion boundary line but continuing along said west line of the SE J/4 of the SE ~• '•~~~ ~. /~~-~~" ' 114 of Section 1 ti 00°03'25" E 610,40 feet to the Northwest corner of said ~ ~ ~'' ~~ ,~~ ~ ,, SE 1 /4 of the S~ 1 /4 ; thence N 87 48 35 E 802.69 feet a 1 ong the earth 1 i ne of ,~',.: ;~ ~~,1, said SE 1/4 of the SE 1/4 to a point on the north boundary line of said lions ; ~,f~-~Y~ '~~1 §- ,..s'.~. Ridge Subdivision, said point also being on the northwesterly right-of-way line .,..;.i~l,;,'~ 'J' ~y't~of Bald Lions Ridge Loap; thence continuing alone said north line of the 5~ 1/4 '''~:~~~ ,,~ R. ':~,~ of the SE 1/4 and also alonei the north boundary line of said Lions Ridge 5ubdi- '~~ ~~i~;r,~~~~'..,.vislon N 87°48'35" E 574.87 feet to the northeast corner of said 5E 1/4 of the '''~~ .~ ~~',~~,r~''-:~'' SE 1/4 of 5ect~on 1, said corner also bein a Dint on the west line of said Lot 'f ,,.,,,. ~;,~; .w.;,~; . g p ;, ,; ;,,,,,l~of Section 6; thence departing said Lions Ridge boundary line on a course bear- ~'}•'S~;',~~"ing N 00°04'45" E 353,92 feet along the west ]ine of said Lot 1; thence depart- . .•+',; ,s~`~ .~ ~;, ~ ing said west l i'ne on a course bears nq S 89°55' 15" E 337.00 feet; thence S 00° ~~''~ ~~`~~' 41'15" E 91.57 feet; thence S 86°49'15" E 428,27 feet; thence S 84°44'15" E ~~~~''~"~' ,,4. ~ry~. ~~; 164.18 feet; thence S 65°38'45" W 206,97 feet; thence 5 44°45'45" W 89.45 feet;' ''~",~,~ 7K ~ o - i! o i n '~X •~ i f'~'.'~j~~~~K!` thence S 14 58 45 V1 83.96 feet; thence 5 34 03 15 f: 162,45 feet; thence ;~,E,~S~.{ .. .~a•`;~~'~'~,~5 00°00'i5" E 274.38 feet; thence S 89°59'45" 1~1 336.53 feet; thence 5.62°35'45"~'•`1+~. ~~~;~?~~~~;';'' W 71.82 feet; thence N 89°55 `15" 4t 347.79 feet to a point on the west 1 ine of ~~ ; i;j; •k'~`~~~ said Lot 2 of Section 6; thence S 00°04'45" l~1 250.69 feet along said west line ~~ °;`•y~ i~'~1:`;',~~~;` of .Lot 2;~ thence departinn said west line on a course bearing S 83°18'09" W "~' ,,,-... ''~i ,••~~~~,:~'.,.143,35 feet; thence S 53°18'09" I'1 50.00 feet; thence N 81°38'37" W 45,00 feet; ,~~ ~~ ~;'~ .~~'~} .s~ thence S 61°52'31" ~! 66.35 feet; thence S 17°00'g9" 41 40.00 feet; thence S 02° ~~ ~~ `'~`'• a5 p~•'. ,? ~ • ': ~~jj'~"~'~~ 21'11'" E 469.00 feet; thence S Ol°49'29" IJ 117 86 feet to a paint an the northerly' '~:~~';~~:~~'~l,right-af~way line of Interstate Highway Na, 70; thence along said I-70 right-of- ~~, ~' ~?~ ,~. wa line N 62 26 45 E 268.92 feet' thence aloe said I-10 ri ht-of-wa line ~ °{~`°• .k.r ~., ~• Y g g y •~ ,~ t~t.iY~'"^a~ H 00°31'36" W 19.70 feet; thence clan said I-10 right-af-way line N 59°36'22"~ r,~~, "~ ,~~,,~;f~,Er 49.90 feet to a point on said west line of Lot 2'; thence along Bald west '`4•' ~.~. ~,;F ~'~'i~•~'~ line S 00°04'45" W 161 .00 feet to the Southeast corner of said Section l; thence i ~~.``w, '•~.~;~~~' ~'S 00°07'01" W 1397,09 feet to the Northeast corner of Lot 1 in said, Section 12• ~ '~~}~ ~ k;,;;~:~~thence S 89°06'03" 4d 13F37.64 feet to the Nar.thwest corner of said Lot 1; thence~~' ~.'~~y~~ ~,~,r~, ~;j,~S 00 40 34 4l 2782.01 feet along the~west line of said Lot 1 and Lot 2 of said ~ ' •• ~. t;~', Section 12 to the Northeast corner of Lot 3 of said Section 12; thence N 89°38'12" ''''•`'~~~• ~µ f~~~ ~,~~~~;`W 1397.70 feet to the r~arthwest corner of said L ' ;~ ~~~~~~+~~ ~, ,, ..,,, of 3; thence N 00 42 50 E ..,, ;".~~, +~ ~~t`~k~~~.1193.$6 feet along the rlorth-South centerline of said Section l2; thence depart-'~;. ;~a~~' ,~, `;'~F~~•ling said North-South centerline N $9°28510" E 232,00 feet; thence N 00°42'50" E.~~.L'•+~5y ~~'~~~J#~„ya;~.,181 00 feet • o ~~ _, ~~~~~, :•,"'~ +,,,~'~,~;~/r~,k .. ,thence S 89 28 10 4J 232.00 feet to the center of said Section 12; ~.:~~,i,~;, .,;~;;~+;~ k;~.thence along the East-West centerline of said Section 12 S 89°28'10" W 921.21 ,"~`~:""': !.,;•` ?`''feet to a point an the southerly right•-of-way line of Interstate Highway No. 70;'' ,~'~'~'~'' ,';~:'?i,,r~;,,;~ thence N 21 °37' 31" W 363,.42 feet to a point on the northerly right-of-way 1 i ne ` ,,}„~v,, ,,~~~of said Highway, said paint also bei ng a poi nt on the sauthprl y boundary ]ine of '~ 1- ~~ ..:~' .~z~~~t•~~'~~Lfions Ridge Subdivision Filing Pao. 2 as recorded fin the office of said Eagle County;~.`~;, ~;a~•,~~~,i.Clerk and Recorder; thence alone said southerly boundary line and northerly right-,,~i~~' '~'~~~'~~:.x of-way 1 ine on the following courses ; N 52°50' 29" E 842.34 feet; thence N 41 ° ~. ~~~;~.~ '+. {~t;~'~r~~ti~~31'43" E 102.00 feet; thence r~ 52°50'29" E 191.45 to the Southwesterly corner ;.;~;;~;',T; •;~~°~;''N'.X~t of Block "C" of said Lions Ridge Subdivision; thence departing said northerly ~ ' ;~::• :;` :~~~~;~'~ ` right-of-way 1 ine and along the westerly boundary 1 ine of said Block "C": N 37° ' •'::~,y ~~~'~~'~_~ '^ 09 31 W 269.33 feet to a Dint an the southerl ri ht-af-wa line of Lions ~ ~' ~~~'~~ • •''~.~•~'Ridge Loop in said Lions Ridge 5ubdi vision; thence along said southerly right- ~':~;i.r'~~~ t~~~;;~`;~rof-way on the following courses: N 59°32'06" E 1243.30 feet; thence 488.67 ~•~'~~~~ .;. .;; ,~~.~':', !v ~,; :~.:. ,,,fie feet along the arc of a 1771.95 foot raditi~s curve to the left, the chord of ~4 4 ~~ ~'~~"r' which bears N 51°38'04" E 487.12 feet; thence de artin said Lions Rid a Lao '•~`~'~~'~``~~~ ~'~pt~~''~ right-of-way along the westerly boundary line of said Lions Ridge Subdivision ~ ~"•~~~ ,r~~,ifi~..`' N OQo03~25~~ E 583.80 feet to a point an the north line of said Section 12; thence~'~~~t,~,' ~,,,';~d~.. ~~N B8 17 49 E 300.OD feet along said north line to the point of beginning, con- .~ :~:;,4 ,'~±'~~ • talning 222.93 acres more or less. ;`;>~~~ ;`.il~,. ~.! 5 a~{~ ~ ..4?r ,' ' i ~ t ~~1V of Section 1 and 12, Township 5 South, Range 81~.;~ and in portions of Lats 1 and 2 of Section 6,'.,.~, the 6th Principal Meridian being mare particu ,~ ?iY ,~ ~ ~ . j ~ cn ~n ~ ~ o ~ ~3 ~ ~ ~ ~ g 'o C]'a c~ ~ ~ ~ ~ ~. o ~ ~ ~y~ ~~~°~ Q1 ~' ~ ~ •~ ~~x y'~ o b ~ ~ ego so ~ °"~~~o~ ~~ ~ ~' ~ ~ c K ~ ~ as ~aK~O~o~iD O. w ~ e6 ~ f~l+a O o ~ C~ a' .~ 'O ~. ~ ~ d ~ w M ~ Fr ~ O ~' fD C C ~. ~. ~ ~. o p ~ m a ~ ~. cD o a w ~ ~~ ~ ~ ~ ~ omz~~~•v,~+oo~ ~* ~ ~ ~e ~ p ~ o ~~ ~e`~ ~ o ~.... ~~ o o ~'~D Q+ N• ~y ~. N Q pi F. ~ ~ fC t~ ~' ~ R. ~ a, CL'ti7 ro ~. ~` K ~' I~ ~ ~ w w'4 O O+~ to ~ ~ eno ~. ~ ro 'O p' 'a t~ ~ ~, b ~ ~'i, p ~ w 0 p ij O~ ~j C ~ r" ~ ~ ~°'m~pf9~n~ C 0 m +~ W xo ~ ~ ~z;G-my-D~;x34om; ,.. ~ w M A p 4 G N 7•'+ m C n~ ,y .~iai A D n gg k,. WPM ;^-t'.. - ~ ~f~lDpQa~rtiF°'gm°i,~, m~..~y. .~ C ~ ~ ''' .'o s, .'r '~' ~r. '^ortm.N`-Nm~~,D7V1 G1n A r m. a> ~. '" _o~o~.N:om~3~~.mgm =gym D 2 d. ~Z r, 9F mo~~ .i n o[~ ~OZ ~, ..~~ Oym ~ -F~m~a_.br~aboW~ z-ry a io m~D a ~w~,~,Q~$3'm~'n.~~Vm ~ 4~r .~F~r O. ~K3m.d.~a3K&c~4fZ I - ~H O ~ ~ y y t~1 "~ O O `~ ~ r Q wn r~ 0 ...r ~..~ 0 C Yr r °z . f . d~ _Ir l~(~ 0 ~, see b P ~ c ~, c~ a "~ GL o ~ O W ~ "AY ~~ A+ ~ ~ 0 0 -r ~ I+~ CO ~~ 5 ~~ o~ ~ a a m a a l7 O I.J ~ 4~ ~ c G`"r' m GG o iJ~ ~' a d ~ ~ ~ ~~ c M Q: ~'p~ fD es SD c ~ ~ ~~~~~oco~. ~. ~ ~ ~ ~~ ~K~o~ O "" fD m ~ ~~~ReOrG+~ to ~y `~o' m iC ~ "O ~' `'~' `C ~ !V ~~s ~ eeo R. ~ G „Qy ~ ~a"'. ~ O ~'n O ~ y `~ ~ c~ ~~o~~o ~ ~ ~ ~ ~ o.~ w ~ ~~ ~ ~ M ~ ~Sa y rr ~ ~ c oar ~~ V: y~ ~ c ~3 ~. ~ ~ eo ~ C ~' Ad yr ~~R~~~~~ ~ w~ ~ ~ ow^~'~~~~ ~ O ~ ~ w~`~°fpp~Q A G ~ c c a~ ~ ~ a ~ ~o ~ ~ ~ ~ aQ~j eD ~~~.~ N ~ y e K~o~~ ~ ~ ~ ~. ~ ~ .d p ~ ~"a ~ °, (gyp C K ~D ~ H ~p ~ ~ ~ ~ N d ~ C m ems-' K „Q,n ~ n w~~ ~ rr ~ ~' ~ ro ~ ~ A Lt' {~ N ~ r"~r' Q~7 ~ tD anw QfO., ~ R, ~ ~ '«7 ~ ~' rr ~D ~ m A. m 'C ~, O~ ~. p ~. K a 0 y H [ a H '~ o '~ n ~ O ~ O ~ ~ e~ 0 O ~ ~ C[d n y O IIJ m-w~ m D 00 3^~o,a'n~vas -4~~1~E°in3g'ia ~3a~S»'m~mc mH~D-iD . ;~~~ f~ ~~m s5x'om~m' ~omM" ~ ~ozH~nr4zen~ea~Ry~~s1°$°~eR-'•~°-`D~°'_ef A/° te~~Qm~ ~"Om,yx~ n, $~ m'~n oS~-~~ip rR-~~ 7m w ~~ ~.+ m ~ ^ ~ n~ x~~ a o y m~Hmmm *x r~ ~~-. C ~~O~a`<<'_.n3$'3"'~~W~xc y~wD"ya''~y~.- _NAD2~dn~o-l~~~pnum„a~.~a~w,~_.ns'"Irye°~a~~'~~~ m^~z-ID~n ~Ni-~dm~`$3 v~..~~e wn"~..~ HI3~a, H- m'~o n3 •70w3- e~o'np' 7i 7G• ~i_n X76 O AO H3-._•r~m» ,t ,4 _, ~o~oD~oz.. ~~ 5 rm.~w-.c °o• ~nm ~ ~o~ ~p-.-•~-' 3 m 0-1~rpp2 ~a~p m~ .om D mNw~ ~o Bn O•.'~o-g !D• 1 ;y ~~~°1..p; s ~~ ~'~A~ en8 w° ~- ~¢ui'9y Zx' mv4 70 ~~~ '~ ~D~x a ~~ 2'. to3~~Z = ~~AD m n D.~mo m '~i ~Z ~ u~ a ~~^~, o-'Ea ~+ ^ S n0 5 O ~~ 7~rN A~.~~$A~~+u~m,~, Rl~n~ '~v+ ATmp m a d ~ ~ ~~7 n ~~"'3~ "'' ^~ Z~• r~A~ Ra y~ :'-•~ ~-.~ !~pp'"~' a s+CRac°'•s~ ~ Cm;umm O ~?.3 ~ axa n..~ d'~$ 3 ~o ~ w. do_.HOZmo~aA_.Hmn ~~ n~ ~3a. w~. n a,e'c~ HDVN r w i~p~~ 'n'S 3 ~3Me~m3u+r ~~a..~~Anm~a~~a'I m 3r~aA ~m3...~,~~m~y -~P`~,~_., ~- Li r O m o wi a DOO n ~ 3 0 ~ m •m ~~9'~'8i ~' mn-~~.~}m ~~cn No ~~ ~` s Zn `g.n~ a ~~i~ ~ m m ~~ ~t~r Dr ~~H• i ,d~3$Op~-•J'm~ ~-.o x ,o c.' 7~ c;a m ac~cs'~°3g f- S, ~$ w b.,<zc o aY~ ca x.~c~_.w ~~ y7g~~ ~ •,gx~, ~.~=°d. ;;m ~~_. sue.,-~ ~ za-s,' i ~~ 7`° $_.'< 3'~x n'~D~N "'q°-g^"' QG~A°' n e+~ ~Z<$~^p "Cn i_i 6o ~~'n~- n ~~v_~r~m'~~~ ~~pzmpD„ x ~~ ~^ ~w~ a,3 $v ° ~~ ^3~ ~~~= Dr.~J m °m_ zm ~Tmn ~ R=r '8• ~3 '° mOXZ ~z ~ 3~ ~~' ~3a w dg oo,m.,'R~ z w m~ $aor_r„~.Kr~~ ~ ~~5"$~ ~i•.~g~ ~ a'a ,..~<Aa °~ $ ~ca~$w ~ ~~~-c $~ m~dg O"' m ~m A w ~_ ZfHr ~~'~~,' ~ -aH ~ x~ m Km o°w y ~$ ~r-~ ma n~a~ ~ g.33~v~m~3~n ~ ZY.=..m ~„ rt '&^, '~~~ m~.. ~ < ~1A' ma~o`~'~g~c a~gy ~-'`~m'''-'~~~' $a~~~. D3`3» ~rOZQ,. ',~ i$ ~ ~mN$~~TR~~n na~~ ~ :OmN. ~ nom i~m ~`'~'~~i~do~~n.~ ~:AnY»~~ ' DO~DA ~~ ~'~¢ ~~c ~ m2 n °33 ~ ~~ r{H~ `~~$$^'~.n+~ .o ~~ omgs ~ n3m4~.cnm~7$, ,~ rp ~ ~q x,?~m~~. ~ R$ ~; °~a m °~^O¢ $i 2 `+'C-'n $../8 ~.~ SA dm~ -1D ~9. y x m$ ~ ~ y:^7N '^ ~v En v 'C `xx.,T3 m Oxz DZ is ~~~ ~~~~$nN7~~~'aw~w~. $~~~n ~~rmn ~O.~e3o3P~w°.p°:o~. ~°:mc:;+~~Ya~~~ S,'R3.~mw~$$~ zmGZ4+ •.~.:y ~ ~ • n. me mrllorY proposed td be anMxsd does not IncluM an ersa of land bald In Identical ownership iha! consists M iw.nty acres pr mor# which, toppller With m0 buNdlnpa and impfovamenfa fltualeq thereon, has an asteaaatl value In exCeta of two huntlrad thousand dollars far ad valorem tax purposes in 1914. - E-NOannaxetlonprocestllnpcontarning any part of the territory proposed to be annexed nos been commancaq by another muMcipallty. F. Pursuant to tha~ Pt11}Ion for Annexation fflectlon which was lllad with the ahMxinp municlppgfy. an annexatlyrt elecflon Fs retluirad to det~rmiM the matteF of the proposed ennaxatlar. , SBCTIDt4:' 3. Canclusiona #ttd•I Drtrr- minatit-rls. - Based do findings o} }act eat Tath In Sactian 2 hart0!-the Town Council readlaa the conelustona and makes th9 determinantint at tollowll:" - A. The raquiramentt of.1hR apglicabfi• parts of Stttlpna 7T•8•lg4 and 31.1.1OS, Colorado Ravld•d Statutes 1973, a: amended, have been met with respatr ip me proposed annexation: B, The Annaxatlan ~Plet wnlth, Is Incorporated herein is apprroved and ahali be executed by the nnayor and the Town Uerk. C: An annexation election without ma impositiDn of addlNonaf farms and conditions is required to determine the matter of the proposed annexation under Section 3t-e•107(2), C.k.S.-1973, atamended. p. The Town of tall, ColOretla, shall tormwlthfpe a petitiat fn me District Cpurf in and tSlr the County rot Eagle, ,State, 01 Colorado, requesting the court to appoint three commissioners to calf and Hold an annexation election to determine the matter of ins proposed annexat1a11 in accordance with Section 31.4=T 12, C.R.S. 1973, as amended, and after the election, if the mafarity of the votes call is in fever of i annexation, to enter an order that the territory proposed 10 !se anrwtxad may be annexed by tilt Town by ordinance. 3ffCT14M 1. ENacMva Darr. Thies resolution snail take effect upon Its adoption. rNTRO~UCEO. READ, APPRQVED, AHD ADOPTEp, Mis 11th day of November, 1tn5. -. TOWN OF VAIL John A. IJObtan ~~ .~ ATTEST: Rosalie Jeflrey Town Clark _ 6XM1~1T a Legal paferlptlan of Terrflrry AatwxM h thr town of Yrts, G A tree! of lapel lylna In pprtlan o! Sae:Ytap 7 and -TT, T4MR1;111y- S 10ur1lr Range at wear Df flit em PNnclpal hAeridian end In ~pOrtlOeR of 1,Otf 1 and ? of 8actlan 6, Township! South, Range 14 Watt of ma 6th Prlntipal N1arldlan befog more partleuUrly datcrlbad as follo-Yt: Raginninp of the Southwrtt t:erMr of me SE ~+ DI the SE'+ of s#kt faction 1, seitl lhrntbaw~xla~l~M Of Llau~Ridllr Subdivision as ratatlsd in me oklca of the Clark and Recorder, County o} Eagle, Colaatlo: merits along aald Lbns Ridge SuWWlsion I1dxWary Ilea, said fine also befog 1M was(Ilna of saift SE ~i+ 01 the SE FS pf Settipn b tit 011 degrees 07'23" E 769.]2 fast fiD a painf an the northweetarty rtgtlt•af•way litre p) Lionf Rldga Loop In said Lkl}s R(idd~pa Subdivralan; thence gapartittq slid utxn Rldps Subdivltlpn bountlary line but CDnlinuinq along takF wtnf line Of Ina SE Y+ Of the SR '•h of Section 1 N fl0 degrees 03'23" E 610.10 left f0 file Nwmweat corner of said SE ~. p! fns SE i+: thsnca N 87 dagraN 41'3S" E 804.49 - feet along ma n«m Ifne of astd S1E' ~ of the 5E ~+ td a p01nf ptl the north boundary Ilrw of said Llans Ridge Subdlvi5lon, said point Also being all ma northwesterly right•Dt-waY Ilea Df aild Lions Ridge Loop: thante Ctxdtnutnp atone Bald north line of the SE i4 of the S6 ~. anti also alorlp the north bound#ry Ilrla of sold Lunt Ridpa SubdlYialon N 87 dpraea 4a'aS" @ 371.47 het la the Natneast corner of saw Sff +p of the Sri Grp+Qlon} Settfan 1, said!e~a~n!er else bale~q~a1 v. ~$acil a w~ Id~rh~L'fdsa ' ~ R Idge troufltlarl~ I Inc sit s CotirN Waring . N 00 dapraaa OA'4a" !389.9? faH akmp the went IMa of Bald Lot ,1; thanes dapartlnq said wKt Ihta ail s ctwtrsa bearhW S M tltlpraia 5S'iS" ff 377.00 fart; tnenta 500 degrees A1'1S" E 41.57 feet, tfienca S 86 degrees 19'15" E 428.27 feet: tnenta S 84 degrees 44'15" E 164:18 fast; thence S b5 degrees 38'45" W 206.47 teat; tnenta 5 4A degrees 45'45" W ap.1S fear; thence S 14 degrtrsa 58'45'" W 83.96 feet: fnence 5 34 degrees 03'15" E 162.45 feat: thence 5 4g degrees 00'15" E 274.38 fart: thence S 89 degrees 59'15" W 376.53 fit; thence 5 62 tlegrers 35'4S" W T1.82 feat; thence N B9 degrees SS'13" W 347.14 last to a point an the wal liM,pf said Lot 2 of Section 67 mints S 00 dprear0l'45" W 250.44 hat along s#Idwaat 11M 4/ Lof 4; thane tlapartinp raid wet 11na: on.a ~1~rw -; n daacaaa: laro4'~ w av aeq~raef +o-sr c ,r.r~-rear ra a pamr on said west IMe of Lot 2; tttenca altktp. - said wet IIM S 00 dpraas 04'~S" W 161.00 last totha Southeast earner of apid section 1; m.ngr S oa wpraas 07'01" w 1397.09 leer to the Normasat corttsr M '. Lot 1 in said Section 12r tnenta S 89 ~ degrees 06'03" W 1387.64 feet to the ' Northwest corner of said Lot i; thence S -~ 00 degrees 40`34" W T/82.0! feet along the " west Ilea of Said Lot 1 and Lot : of said Section 12 to the Northeast corner QF Lot s 3 of seitl Section 12: Ihente N 89 tlegrees -' 38'12^ W 1397,70 feet to the Northwest carnet of said Lot 3; thence N 40 degrees r 44'3`0" E 1193.86 feet along the North- g South center11h8 of said Stxtlon t2; thence departing said North•South Centerline N B9 tlagrers 28'14" E 432.00 4 feat: thence N 00 degrees 12'50" E 187,00 ~ Poet: thence S 89 degrees 28'10" W 272.00 test to The center of said Sec}Ion 12; (hence along the East-West centarlina of seitl Section 12 S 89 tlegrees 28'10" W t 921.21 lest to a point on iha aoumarly right-.Wway lino o! Inleralate Highway No. 70; thence N 21 degrees 37'31" W 36.7.42 feet to a paint on the normariy righf~af-way Ilrte of said Highway, seitl paint also being a paint on the southerly boundary Ilea of Lions Ridge Subdivision Filing No. 2 as retarded [n the office of said Eagle County Clark and Recorder; thence along said aDUfherly boundary line and northerly right-of• way line on fhb following coursies: N 52 degrees 30'29" E 842.34 feet;thencs N 41 degrees 31'47" E 147.00 feet; tnenta N s2 degrees 50'29" E 191,45 Cent to the Southwesterly cornsr'of t3lock "C" of said Lions Aidge SubdivEslon,- manes departing said northerly rlght•of•Way fine and stoop the weaterlY bpundarY Ilne of said Block "t" N 37 degrees 09'31" .w 264.33 feet to' a point on the southerly righROf•way Ilne of Liens Ridge Loap in setd Lions Ridge $llbdlViliian; thent8 along Said eoumerly right-ol ~ W ay On the lot lowing [Daises: N 59 depress 12'06" E 1243.30 feet; thence d8B.67~eer along the arc of a 1771.45 toot radius curve to the Icft, the chord of whlcn bean N 51 degrees 38'04" ff 487.12 feet: thencetleparting Said Liont Ritlge J Loop rlpht•o4Way along tea Westerly hDUndary Ilne o1 sold Llplf Ridge Subdivision N 40 degrees 03'25" E 583.10 feet to a point on !ha norm sine of said Section t2; thence N 88 degreat 1T1!" E 300.00 lent along Bald north Ilne to the point of beginning, tantilniflq 222.97 acre meta or lass. Publisheq in The Vall Troll on November t4, 1975. ~. RESOLUTION N0. 17 Series of ].975 A RESOLUTION FOR THE APPOINTMENT OF THE SPECIAL TOWDI ATTORNEY WHEREAS, the Charter of the Town of Vail, Colorado, Article VTI, Section 7,1, provides that the Town Council shall appoint a Town Attorney to serve at the pleasure of the council and prescribes the qualifications of the attorney and the duties of said position; WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", initially appointed Gene A. Smith, Attorney at Law, to serve as Town Attorney on an interim basis under a Memorandum of Agreement dated the 13th day of December, 1973, and Gene A. Smith served in that capacity from the i4th day of December, 1973, thx'ough the 15th day of February, 1974; WHE~2EAS, on the 19th day of February, 1974, the Town Council adopted Resolution No. 3, Series of 1974, of the Town of Vail, Colorado, appointing Gene A. Smith as Town Attorney on a permanent basis far a term of ten and one-half months, from the 16th day of February, 1974, through the 31st day of becember, 1974, pursuant to the Employment Contract of Town Attorney dated the 15th day of February, 1974; WHEREAS, on the 3rd day of December. 1974, the Town Council adopted Resolution No. 25, Series of 1974, of the Town of Vail, Colorado, reappointing Gene A. Smith as Town Attorney for a term of one year. from the lst day of January, 1975, through the 31st day of December, 1975; WHEREAS, Gene A. Smith resigned on the 30th day of September, 1975, effective the 31st day of December, 1975, the end of his current term of office; Tow erk ~~~~ ~ Re~l7, '1975 ~ Page 2 WHEREAS, due to the regular municipal election to be held on the 18th day of November, 1975, in which four of the seven council seats were at issue, the Town Council did not consider it appropriate to appoint a successor to Gene A. Smith as Town Attorney prior to said election; WHEREAS, since said election, in which three new members were elected to the Town Council, the council has not had sufficient time to determine the role of the Town Attorney in 1975 or to select a successor to the current Town Attorney; WHEREAS, to give the Town Council adequate time in which to determine the functions of the position and to select a qualified person to serve as the Town Attorney in 1976, the council has requested Gene A. Smith to continue to serve the Town as Special Town Attorney, including serving as acting Town Attorney until his successor is selected, for a term of two months, from the 1st day of January, 1976, through the 29th day of February, 1976; and WHEREAS, the Town Council considers that Gene A, Smith has served the Town as Town Attorney in a competent, diligent, and satisfactory manner since the 14th day of December, 1973, and finds it appropriate to appoint Gene A. Smith as Special Tawn Attorney for a term of two months as aforesaid, subject to the pleasure of the council, as set forth in the Employment Contract of Special Town Attorney dated the 16th day of December, 2975. NOW, THEREFORE, BF, IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Appointing Special Town Attorney". Tow erk ~e~w-~y ~ ~. 17, 1975 ~ Fage Section 2. Appointment; Employment Contract. The Town Council hereby appoints Gene A. Smith, Attorney at L,aw, as Special Town Attorney of the Town of Vail, Colorado, to serve the Town for a term of two months, from the 1st day of January, 1976, through the 29th day of February, 1976, pursuant to the Employment Contract of Special Town Attorney dated the 16th day of December, 1975, which is incorporated herein by reference and made a part hereof, and the Mayor is authorized to execute said contract on behalf of the Town on this date, the execution of which shall be attested to by the Town Manager and sealed by the Town Clerk with the Town seal. Section 3. Disposition of Employment Contract; Cer- tified Copy. The original executed Employment Contract of Special Town Attorney referred to in Section 2 hereof shall be recorded by the Town Clerk in the records of resolutions of the Town of Vail, Colorado, and the Town Clerk shall furnish a certified copy of said contract to Gene A. Smith, Special Town Attorney. Section 4. Effective Date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 16th day of December, 1975. ATTEST: .._.-.. _ -~ - L ~~, v J Town C~3~er Mayor EMPLOYMENT CONTRACT OF SPECIAL TOWN ATTORNEY THIS EMPLOYMENT CONTRACT, made this 16th day of December, 1975, by and between the TOWN OF VAIL, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "Town", and GENE A. SMITH, ATTORNEY AT LAW, here- inafter referred to as "Attorney", WITNESSETH: Section 1. Appointment and Employment; Term; Salary. Pursuant to the Charter of the Town of Vail, Colorado, Article VII, Section 7.1, the Town acting through the Tawn Council has appointed and employed Attorney to serve as the Special Town Attorney o.f the Town for a term of two months, from the 1st day of January, 1976, through the 29th day of February, 1975, at a monthly salary of $2,291.67 to be paid semi-monthly without any tax or other deduction {except a voluntary contribution by Attorney to his interest in the Town pension plan). Section 2. Hours of Work; Compensatory Time Off. Attorney will be employed on a full-time basis of 40 hours per week, having normal working hours of 8:00 A.M. to 5:00 P.M. on Monday, Tuesday, Thursday, and Friday (or in the alternative Wednesday), and 8:00 A.M. to 12:00 Noon on Wednesday (or in the alternative Friday); it is recognized that Attorney must devote a considerable time outside his normal working hours to the business of the Town, and accordingly Attorney wi11 be allowed as a set-off to over- time work to take compensatory time off as he deems appropri- ate during said normal working hours; and overtime entitling Attorney to compensatory time off may be accumulated and utilized during any subsequent term of employment. Town Manager n ,Attorney s itract, 197_ ,pag Section 3. Rights and Duties of Employment. Attorney will endeavor to discharge his duties as Special Town Attorney, performing such duties as are pre- scribed by the Town Council, as specified in the aforesaid section of the Charter of the Town to the best of his ability and in a competent and professional manner and in general Attorney will have all the employment rights and obligations of the other employees of the Town; Attorney at the request of the Town Council wi11 serve as acting Town Attorney until the appointment of his successor as Town Attorney. Section 4. No Conflicting Interests. Attorney will not engage in any private practice of law nor have any other business interests which would in any appreciable manner interfere with his capacity as a Town employee or occasion any conflict of interest relative to his employment by the Town. Section 5, Office facilities. The Town will furnish to Attorney a suitable office, office facilities, secretarial services, books, paper, mater- ials, and any other items reasonably requested by Attorney to enable him to function in a proper manner as the Special Town Attorney. Section 6, Annual Fee of Supreme Court of State of Colorado; Professional Dues and Subscriptions. Upon the request of Attorney the Town will pay the annual fee imposed on Attorney by the Supreme Court of the State of Colorado and the professional dues and subscriptions of Attorney necessary for his participation in national, regional, state, and local bar associations and other organizations which are desirable in his opinion for his continued professional participation, growth, and advance- ment or for the good of the Town. ~'~ ~ Town Manager Tc~ Attarney t .itract, 1975 ~ Page ~ ~ r Section 7. Discharge only for Cause; Severance Compensation. During the term of this contract the Town will dis- charge and remove Attorney from his position as Special Town Attorney only for cause, to-wit those reasons set forth in Article VII, Section 7.2(d) of the Charter of the Town; in the event of said discharge and removal, which shall require the adoption of a resolution, the Town will forth- with pay to Attorney severance compensation equivalent to his salary for a period of one-half month (or his salary for the remainder of the term if such is a lesser sum); and Attorney will be entitled to a continuation of his salary and said discharge and removal will not be effective until said severance compensation has been paid. Section 8. Resignation Only for Good Reason. Except for good reason Attorney will not resign from his position as Special Town Attorney during the term of this contract, and in the event of resignation Attarney will not be entitled to termination pay pursuant to Section 9 hereof. Section 9. Termination Pay. The Town will pay to Attorney termination pay of $500.00 upon the termination of the employment. Section 10. Contract Extension. By subsequent written agreement the parties hereto may extend the term of this contract for any period not to exceed two months without the adoption of a resolution. Section 11. Cooperation in Selection of a Successor. Attorney will cooperate with the Town in its selection of his successor as Town Attorney. Section 12. Continuation of Current Employment Contract. The current Employment Contract of Town Attorney dated the 3rd day of December, 1974, as amended by the Agreement Amending the Employment Contract of Town Attorney dated the Town Manager 'I'San Att.b,rney C ttract, 197 e Page• 4 +~: 30th day of September, 1975, wi11 continue in effect through the 31st day of December, 1975, and all provisions of said amended contract shall be implemented in accordance with said instruments. Section 13. Effective Date of Contract; Commencement Date for Contract Provisions. This contract will be effective upon its execution; the commencement date for the provisions herein will be the fist day of January, 1976. Section 14. Entire Agreement; Severability Provision. The provisions herein constitute the entire agreement between the parties for the term specified in Section 1 hereof and this contract is the only contract existing between the parties with respect to said term; if any provision, or any portion thereof, contained in this contract is held to be unconstitutional, invalid, or unenforceable by the final decision of a court of competent jurisdiction, the remainder of this contract, ar portion thereof, will be deemed severable, will not be affected, and will remain in full force and effect. Section 15. Express Authorization for Contract Execution. This contract has been entered into by the Town at the direction of the Town Council, has been executed by the Mayor with the express authorisation of the Town Council, the execution hereof has been attested to by the Town Manager, and the Town seal has been affixed hereto by the Town Clerk upon the execution hereof. IN WITN~:SS WHEREOF, the parties hereto have affixed their hands on the date first above written. ATTEST: f • ell finger, Town h2anager TOWN SEAL TOWN OF VAIL, COLORADO By: o n A. Dobson, Mayor r the Tawn Ca cif GEN~}A~ SMI H, V ATTORNEY AT L