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HomeMy WebLinkAbout1976 Resolutions~ • • INDEX OF RESOL[3TION5 - 1.976 TOWN OF VAIL, COLORADO 176 A resolution requesting membership for the Vail Public Library in the Three Rivers Library System. Adopted: 1/20/76. 2-76 A resolution initiating a special improve- ment project for the streets, roads, and public ways in the Bighorn area, Adopted: 4/6/76. 3-76 A resolution of the Town Council requesting the Board of County C~~~~«issioners of Eagle County, Colorado, to join with the Town of Vail and cooperate in a growth management study for the Gore Valley. Adopted: 4/20/76. 4-76 A resolution accepting a gift from an anonymous donor for an ice rink. Adopted: 4/20/76. 5-76 A resolution accepting the dedication of a certain parcel of property from Vail Associates, Inc. {Part of Lot A, Block 5-B, Vail Village 1st) Adopted: 4/20/76. 6-76 A resolution accepting the dedication of a certain parcel of property from Vail Associates, Inc. (Forest Road -~ Vail/Lionshead Third Filing) Adopted: 4/20/76. 7-76 A resolution accepting the conveyance of certain parcels of property from Vail Associates, Inc.; and agreeing to the conditions requested by Vail Associates, Inc. Adopted: 5/4/76 8-76 A resolution regarding library funding. Adopted: 5/18/76. 9-76 A resolution providing for participation in the federally subsidized flood insurance program. Adopted: 6/15/76. 10-76 A resolution specifying the zoning regulations applicable to control of buildings and struc- tures in flood plain or mudslide areas. Adopted: 6/15/76. 11_76 A resolution approving contract with State Highway Department for Pedestrian Overpass. Adopted: 7/20/76 12-76 A resolution regarding a $300,000 bond issue and accepting a bid for General Obligation Bands, Series September 1, 1976. Adopted: 8/24/76 1 - 6 A resolution regarding $570,000 bond issue for the Vail Street Improvement District No. 1. Adopted: 8/24/76 14-76 A resolution authorizing the design of the structure of the ice arena portion of Site 24. Adapted: 8/24/76. ~ ~ 15-76 A resolution regarding Bighorn ,Street Impxavement District assessments. Adopted: 9/7/76. 16-76 A resolution regarding sale of CATV system. Adopted: 9/7/76. 17-76 A resolution regarding the agreement between the Town of Vail anal the Eag.Te County School Re50j concern.zng cooperative use of the K-4 school. Adopted: 9/7/76 IS-76 19-76 20-7fi 21-76 22-76 23-76 A resolution regarding the "Goals and Objectives" Proposal as submitted by the Vail Today and Tomorrow Citizens' Goals Committee. Adapted: 9/7/76. A resolution awarding purchase contract for Special Assessment bonds. Adopted: J/21/7b. A resolution accepting a dedication of properties from Frederick W. Distelhorst and Ines W. Diste7horst to the Town of Vail. Referred to Planning Commission: 10/5/76. A resolution regarding Fire prevention Week. Adapted: 10/5/76. A resolution expressing tho Town Council's support far Proposition No. 8, bottle bill. Adopted: 10/19/76. A resolution expressing the Twon Council's opposition to Proposition No. 10, re. majority vote in tax Issues. Adopted: 10/19/76. 24-76 A resolution of the Town Council urging the President to sign into law H.R. 9719, the "Payments in Lieu of Taxes" bill. Adopted: 10/19/76. 25-76 A resolution expressin; the Town Council's support far Proposition No. 5, re: County Commissioners' setting compensation for elected officials. Adopted: 10/19/76. 26-76 A resolution expressing the opposition of the Town Council to land trades within the valley. Adapted: 11/2/76. 27-76 A resolution authorizing the Town Manager to execute an agreement between the T.O.V. and Hertz Corp. for lease of space in the V.T.C. Adopted: 11/2/76. 28-76 A resolution naming or renaming certain streets and public ways within the Town of Vail. Adopted: 11/16/76. 29-76 A resolution regarding Bighorn street improvements. 30-76 A resolution in support of Rocky Mtn. Aixways application for exemption of the Federal Aviation Act of 1958. Adopted: 12/7/76. 31-76 A resolution expressing the concern of the Town Council over the lack of public transportation from Denver to Vail and Eagle County. Adopted: 12/7/76. 32-76 A resolution of the Town Council expressing its support for the proposed extansian of the White River Forest national boundaries. Adapted: 12/7/76. a ~ ~ 3a-76 A resolution regarding the need fora full service hospital facility. Adopted: 12/21/76. 35W76 A resolution regarding addit~or~a2 funds for the construction of I-7d overpass. Adopted: 12/21/76. ~ ~ RESOLUTION N0. 1-76 A RESOLUTION REQUESTING MEMBERSHIP FOR THE VAIL PUBLIC LIBRARY IN THE THREE RIVERS LIBRARY SYSTEM WHEREAS, the 1975 Colorado General Assembly passed HB 1384 establishing Regional Library Service Systems; WHEREAS, public libraries are invited to participate as full members in cooperative interlibrary services within such systems; WHEREAS, the Colorado Department of Education has designated Three Rivers Library System, New Castle, Colorado, as the Regional Library Service System far the Vail area; and WHEREAS, the Town Council of the Town of Vail, Colorado, considers that the Vail Public Library should participate in said interlibrary system; 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 Requesting Membership in the Three Rivers Library System". Section 2. Request for Membership. The Town Council hereby requests membership for the Vail Public Library in the Three Rivers Library System as pro- vided in HB 1384. Section 3. Publication. The Town Clerk shall have this resolutian published once in full within ten days after passage in a newspaper having general circulation in the Town of Vail, Colorado. Section 4. Effective Date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 20th day of January, 1976. ATTEST: _ ~.vr Town C 1 ,/f ,~ " ~ `~ /~~ ,f~ Mayor i~ ~; ~~ H i rv r ~ ,~ ~~> ~ 84 ~ '.h~ ~ J~ ~ S;~ ~~ $ 111 sr[ ~_ s~. p 11CiiWII>~ y$~ 3:~'~.n~f' vq~ ~~8 FLLkG `~EE~u~ ~.~~• ` '~<~~ .. ~ .~1' ~~~YT q~'a~i-~£ 'E~4 ~.. ~,+~=OF~,Y~JKU Sm~~.~~WC YFO-:". .. ~ _ .,~Wlf ~~yyiN ~ ~~~0 d~ e"'¢~~aW~tflJ^gKl~eic~ ITV 4~~•rjY 3F ~~ WOf>Y~ W~,~WR'~WCCS. ~b l~.`,,6Z'S1.. ti 3 pmet ~~. 2" aa u ~ ,~. 0C 4-'~K' OC~~gK ~yC O~~. '.~ J`f W~I'a~'~o'~f p1~0~ ~~~' 'D ~~ ~y o ~qij~~ t_ a • ~ .~ ~mm_3~$~~~x9a~asa""fir>~~'~ uo~~~i~~ '0v~~1~- ~_+~~ W ~~ L~#~a e3»~2}1LWN~ ~uWil=- ~uWi~p^~uWiFiZC.d ~ao . d~{~J ~d3' ~G W..1~> 5~~ 11t0 ~l=- ~~~ ~~'~ ~Q~• q~~.h C~ .SC +~ _ 'i7 -~ ' ~ 3 w 3,.. ~,~ a av C ~ „ ~ m o i 'd m m~ O O a a. aC ro C1, ry w A w ~ a-+ V +.a 41 a1 .C w ~ 13. ~ o ~ O o ,-~ ~ ~ u .~ ~ ~ u ~ a, ~°i m o ro °' W ~ Q ~ ~tl ~ ~ ~ ~ w °' O ~ '~ w+ d ~ w ~ a a W ~ y ~ ~ ~' ~ ~ w a~i ~ 'D d p ~ ~ 3 ~ o~ ~`~m.~~ ~ c a ~ o ~ 3 ~ _o 0 o ~mat~ ~ U O Qi U a a w w O A~.~ -~.. ~. RESOLUTION NO. .~ Series of 1976 A RESOLUTION INITIATING A SPECIAL IMPROVEMENT PROJECT FOR THE STREETS, ROADS, AND PUBLIC WAYS IN THE BIGHORN AREA; DIRECTING THE TOWN MANAGER TO HOLD ADMINISTRATIVE HEARINGS AND OTHER PROCEDURES FOR THE IMPLEMENTATION THEREOF; AFFIRMING WORK PREVIOUSLY DONE BY THE ADMINISTRATION ON SAID LOCAL IMPROVEMENT PROJECT; AND SETTING FORTH DETAILS IN RELATIQN THERETO WHEREAS, it is the opinion of the Tawn Council that certain improvements should be made to the streets, roads, and other public ways in the Bighorn area; and, WHEREAS, said improvements are necessary to protect said public ways and to prevent further deterioration thereof; and, WHEREAS, said project is necessary for the full and complete use and enjoyment of the private property in the Bighorn area; and, WHEREAS, it is the belief of the Town Council that said improvements wi11 confer special benefits of a local nature on the private property in the Bighorn area; and BE IT THEREFORE RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1} There is hereby initiated by this resolution a local improvement project to construct certain improvements including grading, base, asphalt paving, 1oca1 drainage improve- ment, provision for public utilities, and bridge improvements on Bridge Road, Lupine Drive, Willow Way, Spruce Way, Columbine r Drive, Aspen Lane, Nugget Lane, Streamside Circle, Juniper Lane, Meadow Lane, Meadow Drive, Snowshoe Lane, Meadow Road, Ute Lane, Black Gore Drive, Kel Gar Lane, and Main Gore Drive in the Bighorn area. (2} The Town Manager ar his designated representatives shall hold such administrative hearings and investigations as he may deem necessary to properly implement the above initiated ~. ~! Res. ~ 1976 Page 2 project and to recu~~LL«end therefrom to the Town Council for its consideration and adoption the manner of construction of said project, the extent of s~ the cost of said project of assessing the special in the vicinity thereof, project shall be paid by recommendations that the yid project, what portion, if any, of sha11 be paid by the Town, a manner benefit of the project to the properties and what portion of the cost of said special assessments, and any further Town Manager should deem appropriate. (3) The Town Council hereby affirms and ratifies any hearings, work, or proceedings previously carried out by the Town Manager or his designated representatives in relation to the above specified project. (~}} This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED this 6th day of April, 1976. TOWN OF VAIL, COLORAbO n A. Dobson, Mayor ATTEST' : Ro alie Jef~ , Tovln C~.erk RESOLUTION N0. _~ SERIES OF 1976 A RESOLUTION OF THE TOWN COUNCIL RE~UEST~NG THE 64ARp QF COUNTY COMMISSIONERS OF EAGLE COUNTY, C4LORAao, 70 ~DTN WITH THE TOWN OF VAIL AND COOPERATE TN A GROWTH MANAGEMENT STUDY FOR THE GORE VALLEY. WHEREAS, the Town of Vail is presently in the initial stages of a Growth Management Plan to determine the direction of growth for the Gore Valley, limitations to growth within the valley, can the proper balance be reached to minimize the consequences of increased populations, and what are the impacts and effects on specific development types and the population location and growth; and, WHEREAS, it is the opinion of the Town Council that managed growth consists of a well integrated, efficient, and affirmative system where choices ar decisions are made explicitly and with full knowledge of the variables and the tradeoffs involved and where the programs are coordinated in furtherance of clear community growth and land use objectives; and, WHEREAS, a portion of the Gore Valley is located outside of the boundaries of the Town of Vail in Eagle County, Colorado under the jurisdiction and direction of the County Commissioners; and, WHEREAS, it is the opinion of the Town Council that properly directed growth and growth management is in the best interests of the residents of the Gore Valley whether they be located within the Town of Vail ar the County of Eagle; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1.} The Town Council requests that the County Commissioners of Eagle County, join with the Tawn and its administration and staff to cooperate in the completion of a Growth Management Study for the Gore Valley. (2.} That the Soard of County Commissioners authorize and direct its planning staff and board to cooperate with the Town's planning staff and board in the sharing and use of certain information necessary for the completion of an effective Growth Management Study. ~ s • INTRODUCED, READ, APPRQVED, ANQ AD~PTE,D, this 2Qth day of April 1976. ATTEST: ~ ~~ M o ~l~l 1~ ~ -~""` Town Clerk s RESOLUTION NO. ~ SERIES OF 1976 A RESOLUTION ACCEPTING A GIFT FROM AN RNONYMOUS DONOR FOR THE CONSTRUCTION OF AN ICE RINK TN THE TOWN OF VATL: AUTHORIZING THE TOWN MANAGER TO TAKE Al,l. NECESSARY STEPS Tp FORMULAIC SAID GIFT, PROVIDdiVG A ~TRFF AfVO ADMINISTRATIVE SERVICES FOR PLANNTNG ANb SUPPORT OF THE CONSTRUCTION OF THE ICE RINK, RND THE ESTABLISHMENT OF AN ACCOUNT FOR THE RECEIVING AND SALE OF RNY STOCK THAT IS PART OF THE GIFT; AND AUTHORIZING THE TOWN CLERK TO AFFIX THE TOWN SEAL AND ATTEST TO THE SIGNATURE OF THE TOWN MANAGER WHEN NECESSARY. WHEREAS, the Town of Vail has been offered a gift of certain stacks from anonymous donors to pay for the cost of construction of an ice rink in the Town of Vail; and, WHEREAS, the Town Countil believes that an ice rink would be in the best interest of the Town of Vail and that the gift should be accepted; NOW, THEREFORE, BE TT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THRT: (1) The Town Council for the residents of the Town accepts the gifts of certain stocks to be sold and the proceeds therefrom used to pay for the construction of an ice rink. The Town Council wishes to express its gratitude to the anonymous donors for this gift and to commend them for their civic awareness and public support. (2) The Town Manager is hereby authorized and directed to: (a) Execute any document or agreement with the donors that may be necessary to formalize the gift and the construction of an ice rink. (b} Provide the necessary administrative and staff services for planning, site preparation and support in the construction of the ice rink. (c} Take all necessary steps to establish an account at the Bankers Trust Company of New York to receive and sell the stock donated, the proceeds from said sale to be used for the financing of the construction of the ice rink. t` • w (3) The Town Clerk is hereby authorized and directed to affix the Town Seal and attest to the signature of the Town Manager on any documents necessary to complete or fulfill the foregoing. INTRODUCED, READ, APPROVED, AND ADOPTED, this 20th day of April 1976. Mayor ATTEST: ~.~.~,' R,~~..c ~ Cry Town Clerk Q ~! V ~ _Z_ i • ' ~ . 3 i ~, r RESOLUTION NO. .S^ Series of 1976 A RESOLUTION ACCEPTING THE DEDICATION OF A CERTAIN PARCEL OF FROPERTY FROM VAIL ASSOCIATES, INC. WHEREAS, Vail Associates, Inc. has agreed to dedicate to the Town a parcel of property located in the Vail Village for use as a fountain; and WHEREAS, it is the opinion of the Town Council that it would be in the best interest of the Town to accept said dedication and to use said property for a fountain; NOW, THEREFORE, BE YT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: {1} The dedication of that property described as A part of Lot a, Block 5-B, Vail Village First Filing, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Northwest corner of said Lot a thence North 66°18' East and along the North line of said Lot a, 111.45 feet to the point of beginning; thence South 85°15'52" East a distance of 126.64 feet; thence North 79017' East a dis- tance of 63.41 feet; thence South 10043' East a distance of 7.5 feet; thence North 79017' East a distance of 41.0 feet; thence South 10043' East a distance of 22.0 feet; thence North 79°17' East a distance of 24.0 feet; thence South 10°43' East a distance of 12.71 feet; thence North 79°17' East a distance of 4.0 feet; thence South 10°43' East a distance of 63.0 feet to a point on a curve; thence a distance of 63.34 feet along the arc of a curve to the right of said curve having a radius of 622.79 feet, a central angle of 5°49'39" and whose chord bears North 84°54'08" East a distance of 63.32 feet; thence North 0°09' West a distance of 89.27 feet; thence South 79°17' West a distance of 72.40 feet; thence North 63°36' West a distance r of 44.79 feet; thence North 10°43' West a distance of 82.38 feet; thence South 66°18' West a distance of 231.59 feet to the point of beginning, contain- ing 0.424 acres, more or less. from Vail Associates, is hereby accepted to be used for a foun-,5 tain, pedestrian, and similar uses in accordance with the con- ditions of said dedication. (2) The Mayor is hereby directed to execute the acceptance of said dedication on behalf of the Town and the -1- Res. ~ 1976 Town Clerk to attest to the same with the seal of the Town. INTRODUCED, READ, AND APPROVED THIS ~ ~° day of April., 1976. ATTE,~,T ,a ~.,~;~~ - ~ Town C~.erk ( ' ` TOWN OF VAIL, COLORADO J~ n A. Dobson, Mayor ~. DEDTCATTON KNOW ALL MEN BY THESE PRESENTS: VAZL ASSOCIATES, It~C, , a Colorado corpora~lon t'tVail") is the owner of that certain property described in Exhibit "A" attached to and by this reference made a part hereof. Such property is hereinafter referred to as the Real Property. Vail does hereby dedicate the Real Property to the Town of Vail, a Colorado municipal. corporation {"Town"), its successors and assigns, for public use as hereinafter described, TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise appertaining, and all the estate, right, title and interest whatsoever, of Vail, its successors and assigns; PROVIDED ALWAYS, that this dedication is expressly made and accepted subject to the following express condi-~ Lions, provisions, restrictions, and covenants which shall apply to and bind the Town, its successors and assigns. I. No use of the Subject Land shall conflict with or violate any provision in the Protective Covenants of Vail. Village First riling, Eagle County, Colorado as recorded in book 174 at page l79 of the records of the Clerlc and Recorder of Eagle County, Colorado and the amendment thereto as recorded in book 178 at page 345 of the records of the Clerk and Recorder of Eas;le County, Colorado 2. The Real Property shall. be used, held and maintained in good order and condition by the Town, subject to easements or rights- of-way of record or apparent (included without limitation an easement contained in instrument dated August 29 , 197 5 and recorded on October 20~ 1~75~ in Book 242 at Page 450 pf the retards of Eagle County, Colorado) for use only as an open area for the general public as a public park which may be improved by landscaping with trees, shrubs, grass, and improved walkways, and through or under which may be constructed and maintained improvements necessary, desirable or con- venient for the provision and maintenance of utility services to adjacent or other nearby lands provided that said utility improvements shall not cause permanent disruption or alteration to the surface of the Real Property. Vail shall have na obligation or responsibility of any kind to maintain or care for the Real Property. +~ -~ 3, No part of the Real Property shall be used for pi.cnicklr~,g, camping or overnight stays by any person or persons. Nor shall there be permitted within or upon the Real Property any informal or organized public or private gathering or any other act by any person or persons, which in the judgment `of Vail or the Town, may deface, alter, destroy or damage the landscaping, vegetation or aesthetic value of the Real Property or litter its surface 4. Except for trees, shrubs, grass, improved walkways, fountains and other decorative items consistent with the use of the Real Property as a public park, na structures, either temporary or permanent, nor any other a.mprovements shall be constructed or permitted to remain on the Real ?'roperty, I£ at any time the surface of. the Real Property shall be disturbed, Vail reserves the right, but shall not be under any obligation, to take any action necessary to restore such land to its original condition. 5. In the event of a failure by the Town, its successors and assigns to comply with each and every one of the conditions hereof, after having received written notice of such failure and the continuance of such failure for a period of sixty (6Q) days after receipt of such notice, it shall be lawful far Vail, its successors or assigns, to re-enter and repossess the Read, Property or any part or portion thereof, and thereafter hold and enjoy it as if these presents had not been made. IN WITNESS WHEREC}F, this instrument has been executed this 24th day of October 1975. ~ - ___ ATTEST: VAIL A55QCIATES, INC. (S E A L) t~ r Frederick ~S. G#;to, Secretary xew D. Norris, Vice-President _2_ - r • ! ~ .- STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this 24t.h day of October 1975, by Andrew D. Norris gS Vice- President and Frederick S, ~tt0 a5 S2Cretary of Vail Associates, Ync., a Colorado corporation, on behalf of such corporation. WITNESS my hand and official, seal. My commission expires SePtember~..,~.,,~1979. ~ ~~ toy ublic ACCEPTANCE OF DEDICATION I, ~ ~ Mayor of the Town of Vail, a Colorado municipal corporation, and on ,behalf of the Town of Vail pursuant to the autharity vested in me by Ordinance No. duly adopted by the Board of Trustees of the Town of Vail, Colorado, on _, 197 do hereby accept the above and fare- going dedicatz.on for the uses and upon the terms and conditions set forth therein. IN WITNESS WHEREOF, this instrument has been executed this day of ATTEST: ~~'own C 1 er ( f STATE OF COLORADO ) } SS. COUNTY OF EAGLE } 197 ~. TOWN OF VAIL ' $y /' ~ '~ ayor The foregoing Acceptance of Dedication was acknowledged before me this day of 1975, by as Mayor, and +,~~ as Town Clerk of the Town of Vail, State of Colora o. WITNESS my hand and official seal. My commission expires Notary Public -3- r/ • ~ EXHI33IT A to a Dedication dated the 29th day of August, 1975 from Vail Associates, Inc. a Colorado Corporation to the Town of Vail, Colorado, a Municipal Corporation. LErAL DESCRIPTION A part of Lot a, Block 5-g, Vail Villac{e First Filing, County of Eagle, State of Colorado, snore particulaxly described as follows: Commencing at the Northwest corner of said Lot a thence North 56018' East and along the North Line of said Lot a, 1.11.45 feet to the point of beginning; thence South 85°15'52" East a distance of 126.64 feet; thence North 79°17' East a distance of 63.41 feet; thence South l0°43' East a distance of 7.5 feet; thence North 79°l7' East a distance of 41.0 feet; thence South 10°43' East a distance of 22.0 feet; thence North 790.17' East a distance of 24.0 feet; thence South 10043' East a distance of 12.71 feet; thence North 7901'1' East a distance of 4.0 feet, thence South 10oa3' East a distance of &3.0 feet to a point on a curve; thence a distance of 63.34 feet along the arc of a curve to the right of 'said curve having a radius of 522.79 feet, a central angle of 5049'39" and whose chord bears North 84°54_'08" East a distance of 63.32 feet; thence North 0009' T^]est a distance of 89.27 feet' thence South 79°17' west a distance of 72.40 feet; thence North 6303fi' ~^]est a distance of 44.79 feet; thence North 10°43' West a distance of 82.38 feet; thence South 56°18' West a distance of 231.58 feet to the point of beginning, containing 0.424 acres, more or Less. ,~ RESOLUTION NO. ~~ Series of 1976 ,~~~ moo= A RESOLUTION ACCEPTING THE DEDICATION OF A CERTAIN PARCEL OF PROPERTY FROM VAIL ASSOCIATES, INC. WHEREAS, Vail Associates, Inc. has agreed to • dedicate to the Town a parcel of property and a bridge situated thereon, located on Forest Road, and WHEREAS, it is the opinion of the Town Council that it would be in the best interest of the Town to accept said dedication; NOW, THEREFORE, BE ZT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: {1) The dedication of that property described as: FOREST ROAD - VAIL/LIONSHEAD THIRD FILING That portion of Forest Raad and the bridge commonly referred to as the Sanitation Plant Bridge located west of and adjacent to Tract "B", from Vail Associates, is hereby accepted to be used for road and bridge purposes. (2} The Mayor is hereby directed to execute the acceptance of said dedication on behalf of the Town and the Town Clerk to attest to the same with the seal of the Town. INTRODUCED, READ, AND APPROVED THIS 20th day of April, 1976. ATTEST: r' :~ Town Clerk r ~ «' • DEDICATION AND CONVEYANCE OF PUBLIC WAYS TO THE TOWN OF VAIL, COLORADO. KNOW ALL MEN BY THESE PRESENTS: That Vail Associates, Inc., a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, is the owner of all the reserved rights relative to the streets, roads, Circles, drives, bridges, public ways and rights of way for public use for public roads herein described. Said Vail Associates, Inc. does hereby dedicate to the Town of Vail. Eagle County, State of Colorado, an incorporated town, duly organized and existing under and by virtue of the laws of the State of Colorado for public use all the streets, roads, drives, bridges, circles, public ways, and rights of way for road purposes herein described. The areas and rights so being dedicated to the public use by this title transfer instrument for road and bridge purposes as built and existing subject to existing or recorded easements, rights-of-way and rights of any person in and to the lands upon which said roads are located, include the following: Vail/LionsHead Filing In Which All Street, Road, Circle, Bridge or Drive or Part of Public Way is Platted FOREST ROAD THIRD FILING That portion of Forest Road and the bridge commonly referred to as the Sanitation Plant Bridge ' located west of and adjacent to Tract "B". Vail. Associates, Tnc. does hereby convey, remise, release, sell and quit Claim to said Town of Vail, its successors and assigns, all of said Vail Associates, Inc.'s right, title, interest, claim and demand in and to said areas herein described, together raith a].l appurtenants and privileges free and clear of any estate, title, Claim or interest whatsoever of said Vail. Associates, Inc., its successors and assigns, to be used by the Town of Vail for use far public roads, streets, or_ public ways, then the said areas shall automatically revea-t to Vail Associates, Tnc., and the Town of Veil's interest in said areas shall. automatically terminate. I1V WITNESS WI~EREOF, the said Vail Associates, Tnc. bath Caused its corporate name to be hereunto subscribed by its President, and its corporate seal. to be hereunto affixed attested by its Assistant Secretary. the ~ ~, day of ,~.~-~~4µ- ~,,~197~. ~ ~_ - continued - r ~ „ ATTEST: ..~~ .k~ _ ~~ Assi~~an Secretar~ STATE OF COLORADO } )ss. COUNTY OF C ~` .1~~.,-.. ) r The foregoing instrument was acknowledged before me this '~'t~ day of ~ (~^..~,_~.L1-;- 1972, by Richard L. Peterson as Presi:~ent asZd Larry E. Wright as Assistant Secretary of Vail Associates, Tnc., a Colorado Corporation. Witness my hand and officio]. seal.. f My ccmmssion expires: ~;',°~~,~,.r.l' ."If l~~']~i ~ )1 / ] l / r` otary Public ~ ~~ ACCEPTANCE OF DEDICATION I , ~JQY) y~ ~ • ..LTV /J~L~(/~ , Mayox of the Town of Vail,, a Colorado municipal corporation, and on behalf of the Town of Vail pursuant to the authority vested in me by Ordinance No. duly adopted by the Board of Trustees of the Town of Vail, Colorado, on 197, do_hereby accept the above and foregoing dedication far the uses and upon the terms and conditions set forth therein. xN WITNESS WHEREOF, this instrument has been executed this day of - 2 - VAIL ASSOCIATES, INC. ,! ~ _% s ,~,l1 mod'' ,:~? .C~.ca~Y~r Y~ President 1972. TOWN OF VAIL By: Mayor (Seal) ~~a , Attest : ,~.-`, ~~ Cle~ i i ~. ~ - 3 - STATE OF COLORADO} )ss. COUNTY OF EAGLE } The foregoing Acceptance of Dedication was acknowledged before me this day of , 1972, by as Mayor of the Town of Vail. WITNESS my hand and affic9.al seal.. My commission expires Notary Public } 1 1°' ~ ~R.S.t/ * ~• M ~ v. w y'Ql~~ ~ ~ ~ February 9, 1972 Mr. Larry Robinson Attorney-at-Law Town of Vail Vail, Colorado $1657 Re: Sanitation Bridge Dedication Dear Larry: T am enclosing for your handling two executed copies of a dedication to the Town of Vail of the Sanitation Plant Bridge. Terry Minger and T as well as you and I have previously discussed this matter and are in agreement on this transfer. T checked with our shop manager, Bob McTlveen, who advises that the engineer's letter of certification was sent to Terry Minger last fall. The engineer was Don T, Pyle of K.K.B.N.A. Consulting Engineers out of Denver. This should satisfy the remaining item discussed at our luncheon last week. Let me know if more data is needed. Best reg ds, Larry E. i t Corporate Attorney LEW:su Enclosures cc: Bob Nott AREA CQDE 303 476-5601 • BpX 7, VA1L, COLORADp 81657 DEDICATION AND CdNVEYANCE OF P~18LIC WAYS TO THE TOWN OF VAIL, COLORADO, KNOW ALL MEN BY THESE PRESENTS: That Vail Associates, Inc., a corporation duly organized and existir~q under and by virtue of the laws of the state of Colorado, is the owner of all the reserved rights relative to the streets, roads, circles, drives, bridges, public ways and rights of way for public use for public roads herein dascrib®d. Said Vaii Associates, Inc. does hereby dedicate to the Town of Vail, Eagle County, State of Colorado, an incorporated t„~~.,,., duly organized and existing under and by virtue of the laws of the State of Colorado for public use all the streets, roads, drives, bridges, circles, public ways, and rights of way for road purposes herein described. The areas and rights so being dedicated to the public use by this title transfer instrument for road and bridge purposes as built and existin~q subject to existing or recorded easements, rights-of-way and rights of any person in and to the lands upon which said roads are located, include the following: Vail/LionsHead Filing In Which Ail Street, Road, Circle, Bridge or Drivo or Part of Public Wad is Platted FOREST R+gAD THIRD FILING That portion of Forest Road and the bridge commonly referred to as the Sanitation Plant Bridge located west of and adjacent to Tract "8". Vail Associates, Inc. dace hereby convey, remise, release, sell and quit claim to said Town of Vail, its successors and assigns, all of said Vail Associates, Int.'s right, title, interest, claim and demand in and to said areas herein described, together with all appurtenants and privileges free and clear of any estate, title, claim or interest whatsoever of said Vail Associates, Inc., its successors and assigns, to be used by the Town of Vail for use for public roads, streets, or public ways, then th® said areas shall automatically revert to Vail Associates, InC., and the Town of Veil's interest in said areas shall automatically terminate. IN WITNESS WHEREOF, the said Vail Associates, Inc. bath caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be her~nunto affixed, t sted by its Assistant Secretary, the ww~i~ day of rvl,..r r 1972. ~- continued - ATTEST: e• As s nt 8ecret,~rf STATE OF COLORADO i ~~ - 2 - VAIL ASSOCIATES, INC. ~' ! _. President ~ } ss. COUNTY OF~~Q ~ ~ } The foregoing instrument was acknowledged before me thi$ ~7/ ~ day of =~~~rc~.z,~s.4z, 1972, by Richsrd L, Peter~aon as President ar~d Larry E. Wrigf~t as Assistant Secretary of Vail Associates, Inc., a Colorado Corporation. Witnesa~ my hand and offic 1 seal. My c~~..~.ui.ssion expires : (~„~> >, ,' ~ ~~ ~~ ~. - _ ~otary Public ACCEPTANCE OF DEDICATION /~, ~ ~ 7 I, ~F~l°~'~'L ~. ~ ~~~'E-~~ , Mayor of the Town of Vail, a Colorado rnun~.cipal corporation, and on behalf of the Town of Vail pursuant to the authority vested in me by Ordinance No. duly adopted by the Board of Trustees of the Town ox vaa:.~, Colorado, on , 197 , dv hereby accept the above and foregoing dedication for thc~ uses and upon the terms and coalitions a®t forth therein. IN WITNESS WHEREOF, this instrument has been executed this day of Xseal) Attest= .C~~.~~.~.0 1 . {.~.a„ Clan . 1972. TOWN OF .~ By : ~``-- t~layar ~ ~ ~ r ~ .w STATE OF COLORAAO) ' S$ w COUNTY OF EAGLE ) The foregoing Acceptance of Dedication was acknowledged before me this day of , 1972, by as Mayor of the Town of Vail. WITNESS my hand and official. eea1. My commission expires Notary Public DEDICATION AND CONVEYANCE OF PUBLIC WAYS TO THE TOWN OF VAIL, COLORADO. KNOW ALL MEN BY THESE PRESENTS: That Vail Associates, Inc., a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, is the owner of all the reserved rights relative to the streets, roads, circles, drives, bridges, public ways and rights of way for public use for public roads herein described. Said Vail Associates, Inc. does hereby dedicate to the Town of Vail, Eagle County, State of Colorado, an incorporated town, duly organized and existing under and by virtue of the laws of the State of Colorado for public use all the streets, roads, drives, bridges, circles, public ways, and rights of way for road purposes herein described. The areas and rights so being dedicated to the public use by this title transfer instrument for road and bridge purposes as built and existing subject to existing or recorded easements, rights-of-way and rights of any person in and to the lands upon which said roads are located, include the following: Vail/LionsHead Filing In Which All Street, Road, Circle, Bridge or Drive or Part of Public Way is Platted FOREST ROAD THIRD FILING That portion of Forest Road and the bridge commonly referred to as the Sanitation Plant Bridge located west of and adjacent to Tract "B". Vail Associates, Inc. does hereby convey, remise, release, sell and quit claim to said Town of Vail, its successors and assigns, all of said Vail Associates, Inc.'s right, title, interest, claim and demand in and to said areas herein described, together with all appurtenants and privileges free and clear of any estate, title, claim or interest whatsoever of said Vail Associates, Inc., its successors and assigns, to be used by the Town of Vail for use for public roads, streets, or public ways, then the said areas shall automatically revert to Vail Associates, Inc., and the Town of Vail's interest in said areas shall automatically terminate. IN WITNESS WHEREOF, the said Vail Associates, Inc. hath caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed att sted by its Assistant Secretary, the _~ad day of ~~~~ ,x'1'972 / /j - continued - - 2 - ATTEST: _ VAIL ASSOCIATES, INC. • r Assi~n Secretar~ STATE OF COLORADO B -~'-c'I ~. President r~ ) ss . COUNTY OF ~ cc_,~I~Q_, ) l The foregoing instrument was acknowledged before me this '~t~ day of ~~~~~,u,~,.U.Y 1972, by Richard L. Peterson as President and Larry E. Wright as Assistant Secretary of Vail Associates, Tnc., a Colorado Corporation. Witness my hand and official seal. My commission expires : (~i~~ ,; .~ %~ is /~~ ll~ c'~'~ /A/ ' otary Public ~7 ~,, ACCEPTANCE OF DEDICATION I, ~'d2,~t ~ ~ ~~~,~~~ti~ , Mayor of the Town of Vail, a Colorado municipal corporation, and on behalf of the Town of Vail pursuant to the authority vested in me by Ordinance No. duly adopted by the Board of Trustees of the Town of Vail, Colorado, on 197 do hereby accept the above and foregoing dedication for the uses and upon the terms and conditions set forth therein. IN WITNESS WHEREOF, this instrument has been executed this day of (Seal) Attest: '~,`"+~ G~~~`~" , ; -~ ~/ Cle-rl~ V 1972. TOWN OF L BY ~ ~C ~~ -~. Mayor RESOLUTION NO. Series of 1976 A RESOLUTION ACCEPTING THE CONVEYANCE OF CERTAIN PARCELS OF PROPERTY FROM VAIL ASSOCIATES, INC.; AND AGREEING TO THE CONDITIONS REQUESTED BY VAIL ASSOCIATES, INC. WHEREAS, Vail Associates, Inc. has agreed to convey to the Town three parcels of property upon the agreement by the Town of the conditions placed upon said conveyance; and WHEREAS, it is the opinion of the Town Council that it would be in the best interest of the Town to accept said property and to agree to the conditions requested by Vail Associates, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The conveyance of those parcels of property generally known as: (a) Lots 9, 10, and 11, Vail Village Tenth Filing; (b) The Mountain Bell Site, consisting of approximately 25 acres; and (c) The Golf Course Park Site, located at the west end of the Katsos Property, consisting of approximately 28 acres; from Vail Associates, Inc., is hereby accepted by the Town of Vail. {2) The Town Council states that the three parcels of property are all presently zoned Agricultural, and it is the intention of the parties hereto that said parcels of pro- perty will be used essentially as open space and greenbelt areas. (3) It is the intention of the Town Council that if it is deemed desirable to change the zoning upon said property or its use, that the procedural requirements contained in the Zoning Ordinance of the Town of Vail shall be followed and Res. ~ 1976 Page 2 public review and hearings held as provided therein. Said procedures sha].1 be followed prior to any change in zoning classification or use. (Q} The Town Manager is hereby directed to approve a letter from Frederick S. Otto, Secretary and General Counsel of Vail Associates, Inc., and to have the Quit Claim Deeds conveying the above specified property recorded. INTRODUCED, READ, AND APPROVED this 4th day of May, 1976. ATTEST: M Town Clerk /~ RESOLUTION N0. $ (Series of 1976) A RESOLUTION APPROVING A CONTRACT WITH THE COUNTY OF EAGLE FOR THE SHARING OF LIBRARY SERVICES AND THE REIMBURSEMENT OF FUNDS TO THE TOWN`S LIBRARY: AUTHORIZING THE TOWN MANAGER TO EXECUTE SAID AGREEMENT AND THE TOWN CLERK TO RTTEST TO THE SAME. WHEREAS, the Town of Vail and the County of Eagle wish to share Library Services; and WHEREAS, taxes for the Town's and the County's Libraries are paid by the residents of the Town; and WHEREAS, the Town Council is of the opinion that the Agreement between the Town and the County for the sharing of Library Services and the return of funds to the Town for library purposes is in the best interest of the residents of the Town; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. The Agreement between the Town of Vail and the County of Eagle attached hereto as Exhibit "A" is hereby approved. 2. The Town Manager sha17 sign the same for the Town and the Town Clerk sha11 attest to the same and affix the Seal of the Town. INTRODUCED, READ AND APPROVED THIS 18th DAY OF MAY, 1976. TOWN OF VAIL By Deputy Mayor ATTEST _~~~~ Town Clerk ~ ~~ '~ i RESOLUTION N0. 9 Series of-19761 A RESOLUTION PROVIDING FOR PARTICIPATION IN THE FEDERALLY SUBSIDIZED FLOOD INSURANCE PROGRAM; AGREEING TO ENFORCE CERTAIN MEASURES FOR THE PROTECTION FROM FLOOD AND MUD SLIDE HAZARDS; AUTHORIZING THE TOWN MANAGER TO ASSIST THE FEDERAL ADMINISTRATION IN SAID PROGRAM; AND SETTING FORTH DETAILS IN RELATION THERETO WHEREAS, certain areas of the Town of Vail are subject to periodic flooding and mudslides from streams and run-off, causing serious damages to properties within these areas; and WHEREAS, relief is available in the form of Feder-- ally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968; and WHEREA5, it is the intent of the Town Council to require the recognition and evaluation of flood and mudslide hazards in all official actions relating to land use in the flood plain and mudslide areas having special flood and mud- slide hazards; and WHEREA5, this body has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to the Constitution of the State of Colorado and the Charter of the Town of Vail; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT IT HEREBY: {1) Assures the Federal Insurance Administration that it will enact as necessary, and maintain in force for those areas having flood or mudslide hazards, adequate land use and control measures with effective enforcement provisions consistent with the Criteria set forth in Section 191Q of the National Flood Insurance Program Regulations; and (2) Vests the Town Manager or his agents with the responsibility, authority, and means to: .i ~. Res. 9 1976 Page 2 (a) Delineate or assist the Administrator, at his request, in delineating the limits of the areas having special flood and mudslide hazards on available local maps of sufficient scale to identify the location of building sites. (b} Provide such information as the Admin- istrator may request concerning present uses and occupancy of the flood plain and mudslide area. (c) Cooperate with Federal, State, and local agencies and private firms which undertake to study, survey, map, and identify flood plain yr mudslide areas, and cooperate with neighboring communities with respect to management of adjoin- ing flood plain and mudslide areas in order to prevent aggravation of existing hazards. (d) Submit on the anniversary date of the community's initial eligibility an annual report to the Administrator on the progress made during the past year within the community in the develop- ment and implementation of flood plain and mudslide area management measures. (3) Appoints the Town Manager or his agents to main- tain for public inspection and to furnish upon request a record of elevations (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures located in the special flood hazard areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be recorded. (4) Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the program. r i Res. 9 1976 page 3 INTRODUCED, READ, AND APPROVED THIS 1S.th DAY OF JUNE, 1976. ATTEST: ~~ ~ Town Clerk r f ~ __.. or ~ _: { RESOLUTION N0. ~G Series of 1976 A RESOLUTION SPECIFYING THE ZONING REGULATIONS APPLICABLE TO CONTROL OF BUILDINGS AND STRUCTURES IN FLOOD PLAIN OR MUDSLIDE AREAS; AND SETTING FORTH DETAILS IN RELATION THERETO WHEREAS, the Town of Vail has adopted and is enforcing Article 16 of Ordinance No. 8, Series of 1973, and the 1973 Uniform Building Code; and WHEREAS, Section 301 {a) of the Uniform Building Code prohibits any person, firm or corporation from erecting, constructing, enlarging, altering, repairing, improving, moving or demolishing any building or structure without first obtaining a separate building permit for each building or structure from the Building Official, and WHEREAS, the Building Official must examine all plans and specifications for the proposed construction when application is made to him for a building permit; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: (1) That the Building Official and the Zoning Administrator shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites wi11 be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substan- tial improvement {including prefabricated and mobile homes) ` must {a} be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, (b) use construction materials and utility equipment that are resistant to flood damage, and (c) use construction methods and practices that will minimize flood damage; and (2) That the Zoning Administrator shall review subdivision proposals and other proposed new developments to Res. 10 1976 Page 2 assure that {a} all such proposals are consistent with the need to minimize flood damage, (b) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or elim- inate flood damage, and (c) adequate drainage is provided so as to reduce exposure to flood hazards; and (3) That the Department of Community Development shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or elimi- nate infiltration of flood waters into the systems and dis- charges from the systems into flood waters, and require on- site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. INTRODUCED, READ, AND APPROVED THIS 15th DAY OF JUNE, 1976. ATTEST: ~~~~. Town Clerk // /., -. '" ~ - ~ ,.- M or RESOLUTION N0. II Series of 197 6 A RESOLUTION APPROVING THE CONTRACT tiVITH THE STATE DEPARTMENT OF HIGHWAYS FOR CONSTRUCTION OF A PEDESTRIAN OVERPASS OVER INTERSTATE HIGHWAY 70 WHEREAS, the Town of Vail and the State Department of Highways have agreed to participate in the construction and maintenance of a pedestrian overpass known as BWRF 070-- 2 (5) ; and WHEREAS, the Town Council of the Town of Vail. believes that said project and the Town's participation therein is in the best interest of the Town; and WHEREAS, the Charter of the Town of Vail authorizes such cooperation and contracts; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Contract between the Town of Vail and the State Department of Highways for the construction and mainte- nance of the pedestrian overpass over I~-70, known as project BWRF 070--2 (5) is hereby approved. (2) The Town Manager is hereby directed and authorized to execute said Contract on behalf of the Town of Vail, and the Town Clerk is authorized and directed to attest and affix the Town's seal to said Contract. JULY, 1975. ATTEST: <~~` J Town C.1erk INTRODUCED, READ AND APPROVED THIS 20th DAY OF ~=v s ,~ ~ j RESOLUTION N0. 12 SERIES OF 1976 A RESOLUTION AWARDING THE GENERAL OBLI- GATION BONDS OF THE TOWN OF VAIL, SERIES SEPTEMBER 1, 1976, DATED SEPTEMBER 1, 1976, IN THE TOTAL PRINCIPAL AMOUNT OF $3aa,oo0, TO THE BEST BIDDER THEREFOR WHEREAS, the Town Council of the Town of Vail, Colorado, has de- termined to offer for sale the General Obligation Bonds of said Town, Series September 1, 1976, dated September 1, 1976, in the principal amount of $300,000, pursuant to the authorization conferred by the electors of the Town at a special municipal election duly called and held on Tuesday, October 14, 1.975, for the purpose of providing a ped- estrian overpass over Interstate Highway 70 between the Potato Patch and LionsHead subdivisions; and WHEREAS, as a means of selling such Bonds at private sale to the best advantage of the Town, pursuant to Section 10.5 of the Charter of the Town of Vail, Colorado, the Town has, by a notice of sale, furnished to a limited number of interested parties, solicited bids for such Bonds; and WHEREAS, all bads which were received by the Town far such Bonds prior to 11:30 o'clock A.M., on Tuesday, August 24, 1976 have been opened and tabulated, and it appears that the bid of Kirchner, Moore & Co. is the best bid for said Bonds, said bid being not less than the par 6.532673 value of said Bonds and having a net effective interest rate of ~. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: That $300,000 of General Obligation Bonds, Series September 1, 1976, dated September 1, 1976, heretofore duly offered for sale by the Town of Vail, Colorado, be and the same are, hereby awarded to Kirchner. Moore & Co. , the best bidder therefor, and the bid sub- mitted by Kirchner, Moore & Co.for such Bonds is hereby accepted, in substantial compliance with the terms and conditions of the Town's notice of sale, including the details stated in the bid of said bidder. -3- ~ • RESOLUTION Ai~OPTFD AND APPROVED this 24th day of August, 1976. {SEAL } ATTEST: TOWN OF VATL, COLORAD Town Clerk .~4~ .. • ~ Councilman Heimbach 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: J~~-A~~-D~4n John Donovan Bz ~. l Heimbach Kathleen Klug Bctb- ~~er Josef Staufer Bill Wilto Those voting "No" : / ~/Ory1 ~J 5 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 meeting was adjourned. yor own of Vail, Colorado (TOWN ) {SEAL) ATTEST: Town Clerk ~~ ''77 Town of Vail, Colorado a - 5-- ., ~ ~ ~, Councilman Heimbach 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 : J ol~ra- ~.- ~o~-.ten John Donovan BiII Heimbach ' Kathleen Klug Bob- ~tit~r Josef Staufer Bill Wilto Those voting "No": N~ ~J 5 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 meeting was adjourned. yor own of Vail, Colorado (TOWN) (SEAL) ATTEST: Town Clerk Town of Vail, C lor~do -5- STATE OF COLORADO ) COUNTY OF EAGLE } ss. TOWN OF VAIL ) I, Rosalie Jeffrey, the Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby certify that the attached copy of Reso- lution No. 12 , Series of 1976, regarding the award of the Town of Vail General Obligation Bonds, Series September 1, 1976, in the prin- cipal amount of $300,000 is a true and correct copy; that said Re- solution was approved 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, tYie 24th day of August, 1976; 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 numbered and recorded in the official records of the Town kept for that purpose in my office. T further certify that the foregoing pages numbered 1 through 6 , inclusive, constitute a true and correct copy of the record of the proceedings of the Town Council at its special meeting of August 24, 1976, insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken; that the meeting was duly held; and that the persons were present at said meeting as therein shown. IN WTTNE55 WHEREOF, I have hereunto set my hand and the seal of the Town of Vail, Colorado, this day of ~, 1976. ~~:~ Town C Town of Vail, lorado {SEAL ) -7- .. ,~ KIRCHNER, MOORS AND COMPANY i6D0 6ROAdWAY, SUITE 2500 bENVER, t040RADd 80202 (303) 29I-1600 OMAHA aFFICE: 7171 MERCY ROAD August 24, 197b Tawas of Vail c/o Office of the Director of Finance ~.0. Box 100 Vail, Colorado 81657 RE: $300, 000 Town of Vail, Eagle County, Colorado General Obligation Bonds ~' tries September 1, 3976 In full accordance with your Official Notice of Sale, dated ---------------- which by reference is made a part of this bid, far $ 300, 000.00 of legally issued General OUIig~Wtion Bonds, Series September 1, 1976, of the Town of Vail, Eagle County, Colorado wt; will pay $300,000.00 (Par) and accrued interest from date of issue to date of delivery to us, for bonds bearing interest and maturing as follows: Maturity Schedule Arr~ount Maturity Caupan Amount Maturity Coupon $ 5, 000 4-1-77 R_ nn $15, 040 9-1-87 -,~jZ,,,75 5, 000 9-1-78 8.00 15, 000 9-1-88 6.75 i0, 000 9-1-79 7.25 15; 000 9-1- $g 6.75 10, 000 4-1-80 7.25 2a, OOO g- I-90 6.75 10,040 9-1-81 ,J.O~ 15,000 9-1-91 6. b0 10, 000 9-1- 8~ 7 . oa 20, 000 9-1-g2 6.70 10,000 9-1-83 e;. 7.5 Z5, 000 4-1-93 6.75 10, 000 9- I••84 „6, 75 20, 000 9-1-94 6, 75 10,0013 L~-~.-~5 x,75 ~S,C~(i0 y-1-9s 6.00 15, 004 9-1- 8b b. 75 35, 000 9-1-9b 6.00 Attached hereto is a Cashierls check, payable to "Town of Vail, Colorado" ----___-.. _.. _---------•----------------------- in the amount of $ 10, 000.00 as evidence of our good faith; and if we are the successful purchasers of these bands, said check is to be retained by you and held uncashed and is to apply an the purchase price of said bands at the tulle of delivery. Said check represents full liquidated damages in the event we should fail or neglect to take up and pay for said bonds in accordance with the terms of this proposal. If we are net the successful purchasers, our check is to be returned to us immediately. It is understood and agreed that you will furnish the fully printed bonds, a certified tran- script of proceedings authorizing said bonds and the approving legal opinion of Messrs. DeMuth & Eiberger, Attorneys at Law, Denver, Colorado free of expense. In accordance with the Notice of Sale and/ar customary practice for the delivery of bands, these bands tivill be available for delivery within 45 days or thereafter at our option. For information purposes only, the interest cast ar± this proposal is as follows: Gross Interest Cost $ 255,427.50 Net Interest Cost $ 255,425.50 Net Effective Rate 6.532673 °~ Respectfully submitted, K IR CHNER, MOOR E AND COMPANY • ~ William 3'l/White The above proposal ;.a hereby accepted for and on behal f this c~ ~ day of Z 9~; and receipt of a check i;~ the amount of $10, 000.00 is reby acknowled ATTEST: ~- `3 ~ ; ~ ~ ~~ ~ i .. ~ 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 OF VAIL, COLORADO RELATING TO A RESOLUTION ACCEPTXNG THE BID OF THE BEST BIDDER FOR SAID TOWN'S GENERAL OBLIGATION BONDS, SERIES SEPTEMBER 1, 1976, IN THE AGGREGATE PRINCIPAL AMOUNT OF $300,000, BONDS DATED SEPTEMBER ]. , 1.9 7 6 S ~ • PUBLIC NOTICE NOTICE OF SPECIAL MEETING NOTICE TS HEREBY GIVEN that there will be a Special Meeting of the Town Council of the Town of Vail, Colorado, on Tuesday, August 2~, 1976, at 7:30 P.M. in the Municipal Building of the Town of Vail. This meeting is rescheduled from the regular meeting day of the Tawn Council due to the Vail Symposium. Agenda items include: Ordinance No. l8, second reading, supplemental appropriation; Ordinance No. 19, second reading, zoning amendments; Ordinance No. 20, first reading, supplemental appropriation; Ordinance No. 2l, first reading, Town Code; Ordinance No. 22, first reading, general repealing ordinance; appeal of Design Review Board decision re. campaign banner for Pres. Ford; Conditional Use Permit requests - Racquet Club and The Cornice. TOWN OF VATL ,~,,// /~ .. Tawn C 1~ r}~ /i - ..~ ~ i r PUBLIC NOTICE SUPPLEMENTAL NOTICE Of Items To Be Considered at SPECIAL MEETING AUGUST 24, 1976 Public Notice is hereby given that in addition to those items stated in the Town's Notice of Special Meeting published an August 20, 1976. The following items will be considered at that Special Meeting: 1. Consideration of a Resolution awarding the Town's $300,000 principal amount of General Obligation Bonds to the best bidder thex~efoa~; 2. Consideration of a Resolution concerning the public sale of special assessment bonds of the Town for the Town of Vail, Calozado, Street improvement District Number 1. TOWN OF VAIL, COLORADO Rosalie Jef ~. ' 6~ Town Clerk ! • ~ (Attach Notice of Special Meeting as Supplemented.) -I- • ~ Z STATE OF COLORADD } COUNTY OF EAGLE ) ss. TOWN OF VAIL ) The Town Council of the Town of~Vai3, Colorado, met in special session at the Vail Municipal Building in said Town an Tuesday, the 24tYi day of August, 1976, at the hour of 7:30 p.m. The following members of the Town Council were present; Mayor : ~.}~;....A.rRn Councilmen: John Donovan Bill Heimbach Kathleen Klug -L,,.~ -i~ttC~e-~ Josef Staufer Bill Wilto The following members of the Town Council were absent: `John A. Dobson & Bob Ruder The following persons were also present: Terrell J. Minger & Lawrence C. Rider Thereupon, the following proceedings, among others, were had and taken: The Tawn Clerk reported that she had, at the request of the Town Manager, called this special meeting of the Council and that she had at least 24 hours prior to this meeting caused to be served personally upon, or left at the usual place of residence of, each member of the Council, and posted in two public places within the Town, a notice and supplement thereto in substantially the form attached hereto at page l of these minutes. Thereupon, Councilman Donovan introduced and moved the adoption of the following Resolution, which was read in full -2~ ~ RESOLUTION 13, 1976 REPEALED '` RESOLUTION NO. ~~ Series of 1976 A RESOLUTION CONCERNING THE DESIGN OF THE STRUCTURE FOR THE TCE ARENA PORTION OF SITE 24; AUTHORIZING THE DEVELOPMENT THEREOF; AUTHORIZING THE ENGAGING OF A SPECIAL CONSULTANT; APPROVING A CATENARY DESIGN FOR SAID STRUCTURE WITH CERTAIN CONDITIONS; AND SETTING FORTH DETAILS IN RELATION THERETO WHEREAS, the Town of Vail is presently constructing an ice arena on Site 24 which will need a covering; and WHEREAS, numerous and lengthy public meetings and debates have been held to discuss the appropriate uses for Site 24 and the improvement of the Site; and WHEREAS, there are certain restrictions on Site 24 development; and WHEREAS, the Town Council is of the opinion that in order to get the ice arena covered in time to insure its use, certain planning should proceed; NOW, THEREFORE, BE IT RESOLVED BY THE TOihTN COUNCIL OF THE TOi~]N OF VAIL, COLORADO, THAT: {1) The architect is authorized to proceed with the design development phase and his services, but only on the Ice Arena portion of the project until the Town, working with its newly formed Steering Committee, has confirmed or redefined the facilities program for the C~.~««unity Center part of the project, {2? A schematic design utilizing a cable net catenary structure for the Vail Tce Arena and Community Center, as presented by the Architect and recommended by the Town staff, is approved subject to the following understandings: (a) That the Town staff is of the opinion this design complies with all restrictions for Site 24 including those in regard to height imposed by letter agreement between the Town of Vail and Vail Associates as executed at the time of land purchase. Res. 197& a Page 2 • {b) That the architect is submitting a report and outline specification confirming responses already made to various technical questions about the proposed structure, (c) That the architect will proceed immed- lately to confirm through investigation with potential fabricators and erectors probable cost of a cable catenary structure constructed in Vail. {3) The architect is authorized to engage Dr. Frei Qtto in association with Buro Happold as a special consultant, with the understanding that the total additional fees including reimbursables for this special consultant is not to exceed $75,000.00, and with thc~ further understanding that not more than 35~ of this sum is to be expended prior to the band election. INTRODUCED, READ, AND APPROVED this 24th day of August, 1975. ATTEST: TOWN CLERK _ ,.' 1 OR ' ~ ~ ~ ~ RE50LUT10N N0. ~~ -76 CONCERNING THE PUBLIC SALE OF SPECIAL ASSESSMENT BONDS OF THE TOWN OF VAIL, FOR TOWN OF VAIL, COLORADO, STREET IMPROVEMENT DISTRICT N0. 1, AND AUTHORTZING NOTICE THEREOF. WHEREAS, the Town Council has heretofore by Ordinance No. 14-75 created Town of Vail, Colorado, Street Improvement District No. 1 and authorized the construction of improvements thereon; and WHEREAS, the Town Council is empowered by Ordinance No. 9-76 to finance said construction by issuing its special assessment bands payable out of moneys collected on account of assessments to be levied against the property within said District and specially benefited by said improvements; and ' WHEREAS, the Town Council has determined to offer special as- sessment bonds to be designated Town of Vail, Colorado, Street Im- provement District No. 1 Local Improvement Bonds, Series October 1, 1976, for said purpose for public sale; and WHEREAS, the Town Council has heretofore adopted Resolution t1o. 1.3 -76 authorizing and prescribing the form of notice of such sale; and ,, WHEREAS, no action has been taken pursuant to said Resolution; and WHEREAS, the form of said notice requires revision prior to the publication and distribution thereof in order to conform to the pro- visions of Ordinance No. 14-76. NOW, THEREFORE, BE IT RESOLVED BY THE 'T'OWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Resolution No. ~3 --76 is hereby repealed and re- placed hereby. Section 2. The Town of Vail, Colorado, Street Improvement Dis- trict No. 1 Local Improvement Bonds, Series October 1, ].976, in the aggregate principal amount of $540,000, are hereby ordered to be advertised publicly for sale, as hereinafter provided. On Friday, September 17, 1976, at the hour of 10:00 a.m., Mountain Time, at Roam 203, Boston Building, 828 17th Street, Denver, Colorado, the Town Manager shall cause sealed bids to be received and to be opened _2~. ~~ ' publicly for the purchase of the Bands. Section 3. The Town Manager is hereby authorized and directed to have published a notice of sale of the bonds in abbreviated farm 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 appropriate. The abbreviated notice so to be published shall be in substantially the following form: a -3-- ~~ r ,~ ~ _. ! i ~S CERTIFIED RECORD OF PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO RELATING TO A RESOLUTION AUTI30RTZTNG NOTICE OF PUBLIC SALE a OF TTS SPECIAL ASSESSMENT BONI]S xN THE PRINCIPAL AMOUNT OF $S~O,OdO FOR TOL~N OF VATL, COLORADO STREET IPiPROVEl~ENT DISTRICT NO. I. . i • ~ ~ ST11TE OF COLOR71D0 } COUNTY OF EAGLE ) ss.• ) TOWN OF VAIL ) The Tawn Council of the Town of Vail., Colorado, met in regular ' session at the Vail Municipal. Building in said Town on Tuesday, the 7th day•of September, 3.976, at the hour of 7:3a p.m. The following members of the Town Council were present; Mayor: John A. Dobson Councilmen: John Donovan Bi11 Heimbach r~~Lz rcrsT±±~~? ~~ .. Bob Ruder -7asef Staufer The following members of the Town Council were absent: -~'' s ~.~G W~~ The following persons were also present: Thereupon, the following praceedings,,among athers~, were had and taken: Councilman f~j~L(~.~[/v introduced and moved the adoption of the following Resolution which was read in full. -1. ~ ~ 4 {Form of Nvt.ice ) NOTICE OF BOND SALE $540,000 5 TOWN OF VAIL, COLORADO STREET IMPROVEMENT DISTRICT NO. 1 LOCAL IMPROVEMENT BONDS SERIES OCTOBER 1, 1976 PUBLTC NOTICE IS HEREBY GIVEN that the Town Manager of the Town of Vail, Colorado, on Friday, September 17, 1976, at the hour of 10:00 a.m., Mountain Time, in Room 203, Boston Building, 828 17th Street, Denver, Colorado, 80202, shall receive sealed bads and publicly open the same for the purchase of the Town of Vail, Colorado, Street Im- provement District No. 1 Local Improvement Bonds, Series October 1, 1976 in the aggregate principal amount of. $540,000, said bonds being dated October 1, 1976, maturing on October 1, 1987. The bonds will bear interest at a rate or rates not exceeding 10~ per annum, payable semiannually, with the first interest coupon being payable October 1, 1977. There as a maximum interest spread permitted of 20 per annum V! between the highest and lowest interest rate for different bonds, The bonds will be redeemable prior to maturity at the option of the Town an any interest payment date in regular numerical order, at a price equal to the principal amount of each band so redeemed, plus accrued interest thereon to the redemption date; provided, however, that whenever on any interest payment date there exist in the "'T'own of Vail, Colorado, Street Improvement District No. 1 Local Improvement Bonds, Series October 1, 1976 Bond and Interest Fund" hereinafter described, sufficient funds exceeding six months interest an the unpaid balance of the bonds issued and outstanding to redeem one or more bonds, the Town must exercise its option to redeem to the extent possible. The Town shall furnish to the successful bidder the executed bonds and the unqualified opinion of Messrs. DeMuth & Eiberger, Attorneys at Law, 1600 Western Federal Savings Building, Denver, _4~. ~ ~ ~ L 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. Bax 100, Vail, Colorado, 81657, ar from Boettcher and Company, 828 17th Street, Denver, Colorado, 80202. BY ORDER OF the Town Council of the Town of Vail, Colorado, this 7th day o£ September, 1976. Rosalie Jeffrey Town Clerk, Town of Vail, Colorado (End of Form of Notice) 0 _5_ • Section 4. An Official Notice of Bond Sale is hereby authorized 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 fal- lowing form: -6- OFFICIAL NOTICE OF BOND SALE $rJ~~,aaa TOWN OF VAIL, COLORADO 5TREET IMPROVEMENT DISTRICT N0. 1 LOCAL IMPROVEMENT BONDS OCTOBER 1, 1976 PUBLIC NOTICE IS HEREBY GIVEN that the Town of Vail, Colorado, (herein the "Town") will, on Friday, SEPTEMBER 17, 1976 at the hour of 10;00 a.m., Mountain Time, at Room 203, Boston Buil- ding, 828 17th Street, Denver, Colorado, 80202, receive sealed bids and publicly open the same for the purchase of the negotiable, coupon, special assessment bonds of the Town, particularly described below: BOND PROVISIONS ISSUE. The bonds will be "Town of Vail, Colorado, Street Tm- provement District Na. 1 Local Improvement Bonds, Series October 1, 1976," in the principal. amount of $540,000, dated as of October 1, 1976, in the denomination of $5,000 each, numbered consecutively in regular numerical order from 1 to 108, and payable to bearer~.(herein the "bonds") . MATURITY: The bonds will be term bonds maturing on October 1, 1987. PRIOR REDEMPTION: The bonds will be redeemable prior to maturity at the option of the Town on any interest payment date in regular numerical order, at a price equal to the principal amount of each band so redeemed plus accrued interest thereon to the redemption date; provided, however, that whenever on any interest payment date there exist in the "Town of Vail, Colorado, Street Improvement District No. 1 Local Improvement Bonds, Series October 1, 1976, Bond and Interest Fund" hereinafter described, sufficient funds exceeding six months' interest on the unpaid balance of the bonds issued and outstanding to redeem one ar more bonds, the Town must exercise its option to redeem to the extent possible. -- 7 ~ • • V INTEREST RATES AND LIMITATIONS: The maximum net effective in- terest rate is ten per cent (l00) per annum. The maximum interest spread permitted for the issue is two percent (20} per annum; that is, the maximum rate of interest accruing on any bond prior t^ its ma- turity cannot exceed the minimum rate of interest accruing on any other bond prior to its maturity by more than two percent (24) per annum. Interest on the bonds may be evidenced by one or more sets of coupons payable to bearer and payable semiannually on April 1 and October 1 in each year, the first coupon being payable October 1, 1977. 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 bond. Each rate stated must be a multiple of one-eighth (1/8) or one-twentieth (1/20) of one percent {lg) per annum. PAYMENT: Both the principal of and interest on the bonds will 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. ~d0 REGISTRATION FOR PAYMENT: The authorizing proceedings and the bonds wi11 contain no provision for the registration of bonds far payment as to principal or interest, ar both. AUTHORIZATION: The bonds wi11 be authorized and issued, and the contract of the Town of Vail for payment of the principal of and interest on said bonds shall become 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 and Ordinances of the Town of Vail, PURPOSE OF ISSUE: The bonds herein offered for sale will be authorized for the purpose of constructing street improvements, including grading, base asphalt paving, local drainage improvement, provisions for public utilities, and bridge improvements in the Bighorn area of the Town, SECURITY: The bonds wi11, in the opinion of bond Counsel, be special, limited obligations of the Town, payable as to both principal and interest solely from moneys collected on account of assessments -8~ ~; + 4 to be levied against the property within Town of Vail, Colorado, Street Improvement District No. 1 and specially benefited by the construction of the improvements therein, and not otherwise, The bonds are secured by an irrevocable pledge of the "Yawn of Vail, Colorado, Street Improvement District No. 1 Local Improvement Bonds, Series October 1, 1976, Bond and Interest Fund", into which such money shall be deposited, and of the "Town of Vail, Colorado, Local Im- provement District Surplus and Deficiency Fund", into which shall be deposited surplus moneys of any local improvement district of the Town now existing or hereafter created. As additional security, the Town will covenant in the authorizing proceedings that whenever three- faurths of the bonds have been paid and cancelled, and for any reason the remaining assessments are not paid in time to take up the re- maining bonds and the interest coupons appurtenant thereto and there are not sufficient moneys in the "Town of Vail, Colorado, Local Im- provement District Surplus and Deficiency Fund" to do so, then the Yawn shall pay said bands and the interest thereon when due and reimburse itself by collecting the unpaid assessments due. TERMS OF SALE BID PROPpSALS: All bidders are required to submit an uncon- ditional and written bid for the entire issue, specifying the interest rate or rates and premium, if any, bid for the bands. No specified bid form is required. It is also requested for informational purposes that each bid disclose the foal 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, Rvom 203, Boston Building, 828 17th Street, Denver, Colorado 80202. BTD 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 Tawn of Vail in the amount of at least $10,000, 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 band counsel, the interest on the -9-- • • • bands is exempt from taxation by the United States of America under present federal income tax laws. If prior 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 hereafter enacted, then the successful bidder at his election made prior to the tender by the Town of the bonds for delivery, may be relieved of his obligation under the contract to purchase the bonds. In such case the contract to purchase the bonds will terminate, and the deposit accompanying 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 bond counsel hereinafter designated and deposited in the United States mails, as first-class mail, postage prepaid. 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 reservations, will be sold to the 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. zf 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 liqui- -10- • • ~ dated 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 (70) days from the date herein stated for opening bids; and if the bonds are not so teedered within said period of time, the good faith deposit will be returned to the purchaser upon his request. The Town contemplates, however, effecting the de- livery of the bonds.ta the purchaser thereof on or about November 4, 1976. 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, Co1o- rada; 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 di- rected 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. CUSIP NUMBERS: Tt is anticipated that CUSIP identification numbers will 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 far the bands in accordance with the terms hereof. All expenses in relation to the printing of the CUSIP numbers on the bonds shall be paid for by the Town, but the CUSIP 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. DeMuth & Eiberger, Attorneys at Law, -~13.- • . ~~ . y f 1600 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 affecting the validity of the bonds as of the date of their delivery, and other " closing documents, will be furnished to the purchaser without charge by the Tawn. Bond 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 pro- ceedings of the Town Council taken preliminary to and in the issue of the bonds, and that bond counsel has examined bond no. 1 of said issue and has found the same properly executed and in due legal form. The opinion wi11 then conclude (subject to the provisions hereinabove entitled "Tax Status"} substantially as follows: "Tt is our opinion that such proceedings show lawful autha~ rity for the creation of said District, the construction of said improvements, and the issue of said bonds under the Constitution and laws of the State of Colorado and the Charter and ordinances of the Town of Vail now in force; that said bands are valid and legally binding obligations of said Town; that the principal of and interest on said bonds are payable solely from a special fund irrevocably and exclusively pledged for the full and prompt payment of all said bands designated "Town of Vail, Colorado, Street Improvement District No. 1, Local Improvement Bands, Series October 1, 1976, Sand and Interest Fund", consisting of all the moneys collected by the Town on account of special assessments (principal, interest, and penalties, if any) to be levied upon the completion of said improvements against all the assessable lots, tracts, and parcels of land in said District, including any proceeds derived from the sale of the bonds and remaining after the payment of all the casts and expenses of making said improvements; that said bonds, together with bonds of other special or local improvement districts in the Town now existing or hereafter created are additionally secured by and are payable from moneys in the °Town of Vail, Colorado, Local Im- provement District Surplus and Deficiency Fund"; that whenever there is a deficiency in said Bond and Interest Fund, to meet the payment of outstanding bonds, principal and interest, as the same become due, the deficiency shall be paid, if possible, out of said Surplus and Deficiency Fund; that whenever three-fourths of said bonds have been paid and cancelled and for any reason the remaining assessments therefor are not paid in time to take up the remaining bonds of said District and interest due thereon, and there is not sufficient money therefor in said Surplus and Deficiency Fund, then the Town shall pay such remaining bonds when due and interest due thereon and reimburse itself by col- lecting the unpaid assessments due the District. It is also our opinion that the ordinance creating said District provides that except for the cost to be paid by other than special assessments, the total cost shall be apportioned, levied and assessed against such land in the District upon the completion of the work there- in. It is also our opinion that as to any subdivisions of any real estate assessed in pursuance of said ordinance, the as- sessments shall in each case be a lien upon all the subdivisions -12- ~: in proportion to the respective shares, and that the lien for each such assessment shall be prior and superior to all other liens, claims, encumbrances and titles, whether prior in time or not, and shall constitute such a lien until paid, provided, however, a lien shall not attach to any tract or parcel of land so assessed which is owned by the state, or any agency, or in- strumentality thereof, or any county, municipality, school district, special or quasi-municipal district, other political subdivision, or private corporation operating a public utility; provided further, such assessment lien is subordinate and junior to any lien for general taxes and is subject to extinguishment by the sale of any property on account of the nonpayment of general taxes; and provided, further, any such assessment lien on any tract or parcel of land is prior and superior to any assessment lien thereon subsequently levied. Tt is also our opinion that the interest on the subject bonds is exemgt 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. INFORMATIQN: This Official Notice o£ Bond Sale (a condensation of which may be published) and financial and other information con- cerning 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, 828 17th Street, Denver, Colorado 80202. /s/ RQSALZF JEFFREY Town Clerk Town of Vail, Colorado -13- ` ~ ~ 4~ L Section 5. Upon receipt of such bids, the Town Manager shall tabulate the same and he thereupon Shall accept the bid 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 6. The bonds shall be authorized and issued and the contract of the Town of Vail to pay the principal of and interest on said bonds shall become effective only pursuant to a duly adapted ordinance of the Town Council of the Town of Vail. Section 7. The officers of the Town of Vail, with the assistance of its financial consultants and bond counsel, are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. Section 8. A11 action heretofore taken by the Town Council and by the officers of the Town of Vail on its behalf directed toward the accomplishment of the project for which the bonds are to be offered for public sale is hereby ratified, approved and confirmed. Section 9, A11 by-laws, orders and resolutions, or parts there- of, in conflict with this resolution, are hereby repealed, except that this repealer., shall not be construed to revive any by-.law, order or resolution, or part thereof, heretofore repealed. Section 10. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unen- forceable, such invalidity or unenforceability shall not affect any of the reamining sections, paragraphs, clauses ar provisions of this Resolution. Section 11. This Resolution shall take effect immediately upon its adoption. INTRODUCED, READ, APPROVED, PASSED, AND ADOPTED this 7th day of September, 1976. {TOWN) (SEAL ) Attest: Town Cle~dk TOWN OF V I Sy Mayor -1=~- N • ~ ~' ~ ` ,, - -~ Councilman '~CM~G(~(if^~ 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 • John Donovan• Bill Neimbach ~r,..1.:. l ~ ~... ~ I~ l u.~ Bob Ruder Josef Stainer Those voting "No" : "/ c~~ members of the Council present having voted in ~Eavor 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 meeting was adjourned. a (TOWN} (SEAL} ATTEST: Town Clerk Town of Vail., Colorado of Vail, Colorado -1!:i_ r ~ •' STATE OI' COLORADO ) ) COI3NTY OF EAGLE ) ' s s . TOWN QF VATL ) T, Rosalie Jeffrey, the Town Clerk of the Town of Vail, Colorado, do hereby certify that the attached copy of Resolution No. -~76, authorizing Notice of Bond Sale for its Town of Vail, Colorado, Street Improvement District No. 1 Local Improvement Bonds, Series October 1, 1976, 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 Vail Municipal Building, the regular meeting place of the Town Council in the Town, on Tuesday, the 7th day of September, 1976; that a true copy of said Resolution has been duly executed and authenticated by the s~.gnatures of the Mayor of the Town of Vail and myself, as Town Clerk of said Town, sealed with the seal of the Tawn, and recorded in the off~.cia1 records of the Tawn, T further certify that the fore- going pages constitute a true and correct copy of the record of the proceedings of the Town Council. at its regular meeting of September 7, 1976, insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken'; that said meeting Baas duly held; and that the persons were present at said meeting as therein shown< IN WITNESS WHEREOF, T have hereunto set my hand and the seal of the Town of Vail, Colorado this 7th day of September, 1976. Town Clerk Town of Vail, Colorado (TOWN) (SEAL ) -~.(~- ~ i RESOLUTION NO. 16-76 A RESOLUTION CONCERNING TOWN OF VAIL APPROVAL OF CTI`s SALE OF ITS CATV SYSTEM AND ASSIGNMENT OF FRANCHISE AND CONTRACT RIGHTS TO VAIL CABLE COMMUNICATIONS, INC. ~~ WHEREAS, the Town of Vail by Ordinance No. l4, Series of 1974, effective September 3, 1974, granted a CATV Franchise to Community Television Investment, Inc. (CTI} and simultaneously entered into an Agreement dated September 3, 1974 with CTI relating to certain mutual obligations of the parties under said franchise; and WHEREAS, GTT has agreed .in principal to sell its CATV system and assign its rights under said franchise and contract to Vail Cable Communications, Inc. of which Mr. Frank Thompson is the principal owner and operator; THEREFORE, BE IT RESOLVED, that the Town Council hereby approves the transfer by Community Television Investment, Inc. of its cable system, all of its rights under the CATV franchise granted under Ordinance No. 14, Series of 1974, and aI1 of its rights under the Agreement dated September 3, 1974, to Vail Cable Communications, Inc., PROVIDED HOWEVER, that no sale or transfer of the CATV franchise shall be effective until Vail Cable Communications, Tnc. has acquired the cable system and has filed in the office of the Town Clerk of the Town of Vail a satisfactory instrument duly executed reciting the fact of such sale and accepting the terms of said franchise and said agreement and agreeing to perform all conditions thereof; and provided further that such transfer must take place nat later than November 30, 1976. day of Septembe ATTEST: Mayor Town GI e This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOP ED, this 7th r, 1976. RESOLUTTON NO. 17 1976 CONCERNING THE AGREEMENT BETWEEN THE TOWN OF VATL AND EAGLE C017NTY SCHOOL DISTRICT RE50J FOR THE COOPERATIVE USE OF THE VAIL K-4 ELEMENTARY SCHOOL. WHEREAS, the Town of Vail donated a site valued at $250,000 to the Eagle County School District RE50J for the construction of an elementary school; WHEREAS, the Town of Vail contributed $124,000 to the School District far the purpose of constructing a full-size gymnasium in the elementary school building for the general use of the residents of Vail; WHEREAS, the School District is constructing said faci 7 i ty; WHEREAS, the Town and the School District have developed a mutually beneficial Agreement governing the cooperative use of portions of the school building; THEREFORE, BE IT RESOLVED that the Town Council authorizes the Town Manager to sign and execute the Agreement between the Town of Vail and the Eagle County School District RE50J. This Resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 7th day of September, 1976. ATTEST: ~~ Town C7 erk (/ ([ RESOLUTION N0. 18, 1976 CONCERNING THE "GOALS AND OBJECTIVES" PROPOSAL FOR THE TOWN OF VAIL AS St1BMITTED BY THE VAIL TODAY AND TOMORROW CITIZEN'S GOALS COMMITTEE. WHEREAS, the Town Council sought assistance from Citizens for the development of policies about the desired future of the community; WHEREAS, the Citizens' Committee has considered the community's future and has submitted their proposal to the Council; THEREFORE, BE IT RESOLVED, that l.} The Town Council acknowledges receipt of the "Goals and Objectives" proposal as submitted by the Citizens' Committee and thanks the Committee for their considerable time and effort in preparing the proposal, and the Tawn Council authorizes; 2.} The Town Manager to make public the Committee's "Goals and Objectives" proposal and to prepare it in such a manner as to be available to the Town Council for reference in future policy considerations; and 3.) The Citizens' Committee to continue meeting on a regular basis and to advise the Tawn Manager periodically of any changes or up-dating of their "Goals and Objectives" proposal. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 7th day of September, 1976. ATTEST: Town Clerk ~ ~c"5" --1 ~! -' x" CERTIFIED RECORD OF PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO RELATING TO A RESOLUTION ACCEPTING THE BID OF THE BEST BIDDER FOR ITS SPECIAL ASSESSMENT BONDS IN THE PRINCIPAL AMOUNT OF $540,000, FOR TOWN OF VAIL, COLORADO, STREET IMPROVEMENT DISTRICT PdO. 1 STATE OF' COLORADO COUNTY OF EAGLE TOWN OF VAIL ~ M ) ss. The Tawn Council of the Town of Vail, Colorado, met in regular session at the Vail Municipal Building in said Town on Tuesday, the 21st day of September, 1976, at the hour of 7:30 p.m. The following members of the Tawn Council were present; Mayor: John A. Dobson Councilmen: John Donovan Bill Heimbach Kathleen Klug Bob Ruder Josef Staufer Bill Wilto The followi.ng~m~emebers of the Town Council were absent ,W~ The fallowing persons were also present: Thereupon, the following proceedings, among others, were had and taken: k Councilman ~ introduced and moved the adoption of the following Resolution, which was read by title: -1- ~~ RESOLUTION N0, ~~ -76 A RESOLUTION AWARDING THE PURCHASE CONTRACT FOR SPECIAL ASSESSMENT BONDS OF THE TOWN OF VAIL IN THE TOTAL PRINCIPAL AMOUNT OF $540,000, FOR TOWN OF VAIL, COLORADO, STREET TMPROVEMErdT DISTRICT NO. 1 TO THE BEST BIDDER THEREFOR t ~~ WHEREAS, the Town Council of the Tawn of Vail, Colorado, has de- termined to offer for sale the special assessment bonds of said Town, to be designated "Town of Vail, Colorado, Street Improvement District No. 1 Local Improvement Bonds, Series October 1, 1976", in the prin- cipal amount of $540,000, for the purpose of constructing and instal- ling street improvements in the Bighorn area; and YdHEREAS, as a means of selling such bonds at public sale to the best advantage of the Town, pursuant to Section i0.5 of the Charter of the Town of Vail, Colorado, the Tawn has, by an Official Notice of Bond Sale prepared and mailed to such bond and investment houses and other interested parties as specified by the Tawn Council or its fiscal advisor, and by and abbreviated Notice of Band Sale published in The Vail Trail on September 10, 1976, solicited bids for such Bonds; and WHEREAS, all such bids received by the Town prior to 10.00 a.m., on Friday, September 17, 1976, have been opened and tabulated, and it appears that the bid of Boettcher & Company, Denver, Colorado, is the best bid far said Bonds, said bid being not less than the par value of said Bonds and having a net effective interest rate of 8.498530. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: That the purchase contract for $540,000 of "Town of Vail, Colorado, Street Improvement District No. 1 Locai Improvement Bonds, Series October 1, 1976", heretofore duly offered for sale by the Town of Vail, Colorado, be and the same is, hereby awarded to Boettcher & Company, the best bidder therefor, and the bid submitted by Boettcher & Company for such Bonds is hereby accepted. -2- ^ ~ ~ INTRODUCED, READ, APPROVED, PASSED, AND ADOPTED this 21st day a~ September, 1976. (TOWN} (SEAL) ATTEST: down Clerk TOWN OF VAIL, COLORADO M O ~' -3- i ti ~+ Councilman seconded the motion, and the question being upon the passage and adoption of said Resolution, the ro11 was called with the following result: Those voting "Yes": Councilmen: John A. Dobson John Donovan Bill Heimbach Kathleen Klug Bab Ruder Josef Staufer Bi11,yW~iJ.to Those voting "No": ,~~~(/I~iGL/ 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 meeting was adjourned. (TOWN} (SEAL) - Al o r ~ n of Vail, Colorado ATTEST: '3~own Clerk Town of Vail, C lorado/ -4- . ~ ~ ~'. l STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF VAIL ) I, Rosalie Jeffrey, the Town Clerk of the Town of Vail, Eagle County, Colorapdo, do hereby certify that the attached copy of Reso- lution Na. ~'! ~-76, regarding the award of the purchase contract for "Town of Vail, Colorado, Street Improvement District Pdo. 1 Local Improvement Bonds, Series October 1, 1976", in the principal amount of $540,000 is a true and correct copy; that said Resolution was passed and adopted by the Town Council at a regular meeting thereof, held at the Vail Municipal Building, the regular meeting place of the Town Council in the Town, on Tuesday, the 21st day of September, 1976; that a true copy of said Resolution has been duly executed and au- thenticated 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 numbered and recorded in the official records of the Town kept for that purpose in my office. I further certify that the foregoing pages numbered 1 through 4, inclusive, constitute a true and correct copy of the record of the proceedings of the Town Council at its regular meeting of September 21, 1976, insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken; that the meeting was duly held; and that the persons were present at said meeting as therein shown. the Town of Vail, Colorado, this ~ day of September, 1976. ../ - Tnwn~f~ ~ Town of Vii , Col~ado (TOWN) (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and the seal of -5- RESOLUTION NO. 21 Series of 1976 A RESOLUTION DECLARING THE WEEK OF OCTOBER 3 - 9, 1976, A5 FIRE PREVENTION WEEK WITH THE THEME "LEARN NOT TO BURN" WHEREAS, the Town Council is of the opinion that it is important for the public health, safety, and welfare of the citizens of the Town of Vail to learn more about fire prevention, the local fire department, and fire safety measures; and WHEREAS, a time of cooperation, learning, and education is important for fire prevention and safety; NOW, THEREFORE, BE IT RESOLVED BY THE TO[nTN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The week of October 3 -- 9, 1976, is hereby designated as Fire Prevention Week with the theme "Learn Not to Burn". {2} The Town Council hereby expresses its appre- ciation to the Vail Fire Protection District and urges the citizens of the Town of Vail. to participate in this Fire Prevention Week to learn more about fire prevention and safety. INTRODUCED, READ, AND ADOPTED THI5 5th day of October, 1976. ATTEST: /~~(.i~t.C~ Town Clerk i~ ~ ,' /:. ~ta~or V . RESOLUTION NO. ~~a- Series of 1976 A RESOLUTION EXPRESSING THE TQWN COUNCIL'S SUPPORT FOR PROPOSITION N0. $, REQUIRING A MINIMUM DEPOSIT REFUND FOR BEVERAGE CONTAINERS WHEREAS, convenience packaging and increased use of disposable containers have increased the volume of urban solid waste materials; WHEREAS, the problem of litter and leaving of disposable containers on public thoroughfares and property has become an increasing problem, not only in the Town of Vail, but the State of Colorado and the United States; WHEREAS, the Town Council has long supported measures to conserve the natural resources of our Town, State and nation and believe that Proposition 8 is another step in that conservation; and WHEREAS, the benefit from recycling and reuse of aluminum, particularly, is a valuable resource of this nation; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Town Council hereby urges the adoption of Proposition No. 8 and the approval thereof on November 2, 1976. INTRODUCED, READ, AND APPROVED THIS 19th day of October, 1976. ATTEST: lei E.~ ~i'iM ~ Town C ~. erk ~~~~' ~~~ ~,o. ~ ~ ~~ RESOLUTION NO. ~ 3 Series of 1976 A RESOLUTION EXPRESSING THE TOWN COUNCIL'S OPPOSITION TO PROPOSITION 10, CONCERNING THE REQUIREMENT THAT ALL NEW OR INCREASED TAXES BE APPROVED BY A MAJORITY OF THE REGISTERED ELECTORS WHEREAS, Proposition 1Q amends the Constitution of the State of Colorado to require all new or increased taxes of State or local government be approved by a majority of the registered electors; WHEREAS, Proposition 14 significantly alters the representative form of government which is a fundamental part of the American system of self-government; WHEREAS, the amendment defines tax so broadly as to possibly include non-tax items, such as users' fees and charges necessary to offset operating expenses for various government services; WHEREAS, the requirement of an additional step prior to the power to tax would hamper the ability of the Town to provide necessary services and improvements for its citizens and to fulfil its obligations; WHEREAS, the election requirement of Proposition 10 imposes unnecessary financial and administrative costs on the Town which the taxpayers ultimately must pay; WHEREAS, Proposition lU may require an annual election on taxes which are reimposed each year; and WHEREAS, it is unclear whether the election require- ment applies to increases in the tax levy, tax revenues or bath; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) It is the opinion of the Town Council that Proposition 10 is detrimental to the citizens of the Town of Res . ,~,~ Page 2 Vail, and it is therefore i.n opposition to said proposition and urges its defeat on November 2, 1976. INTRODUCED, READ, AND APPROVED THIS 19th day of October, 1976. ATTEST: To n Jerk 1 ,,1 ,~~ ` • r or ~ ~ ~ RESOLUTION NO. ~ Series of 197b A RESOLUTION OF THE TOWN COUNCIL URGING THE PRESIDENT OF THE UNITED STATES TO SIGN INTO LAW H.R. 9719, THE "PAYMENTS IN LIEU OF TAXES" BILL WHEREAS, the 94th Congress has passed H.R. 9719, >. the "Payments in Lieu of Taxes" bill, and the same is being considered by the President of the United States; WHEREAS, H.R. 9719 will provide payments in lieu of taxes to local governments for certain Federally-owned lands; WHEREAS, within the State of Colorado there are numerous Federally-owned lands including National Parks, National Forests, Wilderness Areas, BLM lands, water resource projects, and many others that are tax-exempt; WHEREAS, the extensive Federal holdings place undue burden an the local taxpayer to maintain the local government system; and WHEREAS, it is estimated that 55 Colarado counties are eligible for payments under the bill, including Eagle County in an approximate amount of $258,000; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Town Council strongly believes that payments in lieu of taxes are necessary to local governments and their viability, and therefore urges the President of the United States to sign H.R. 9719 into law. INTRODUCED, READ, AND APPROVED THIS 19th day of October, 1976. ATTEST: ~, Town Clerk / 1 ~' ail ~ ayor /~ t r .~ ~2.~-- RESOLUTION NO. Series of 1976 A RESOLUTION EXPRESSING THE TOWN COUNCIL'S SUPPORT FOR PROPOSITION N0. 5, ALLOWING THE COUNTY COMMISSIONERS TO SET COMPENSATION FOR COUNTY ELECTED OFFICIALS WHEREAS, the present provisions of the Constitution of the State of Colorado provide that the General Assembly will fix the salaries of elected County officials; WHEREAS, the Commissioners of the Counties are responsible for formulating the County budget, determining levels of administrative services, and controlling County funds, and they should also have the authority to set salaries for County officers; WHEREAS, in setting salaries, the Board of County Commissioners may give attention to relative responsibilities, complexity of assignments, work loads, comparisons among classes or types of job categories, and other socio-economic factors that are prevalent in the County; and WHEREAS, the County C~~~~«issioners have a day-to-day working knowledge of their respective County personnel systems and are in the best position to set salaries of County officers in relation to local needs; NOW, THEREFORE, BE TT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADQ, THAT: (1) The Town Council hereby expresses its support for Proposition No. 5, which allows County Commissioners to set compensation of County elected officials and urges the adoption of Proposition No. 5 on November 2, 1976. INTRODUCED, READ, AND APPROVED THIS 19th day of October, 1976. ATTEST: Town Clerk 1 ~~~k ~o~ - .. , RESOLUTION N0. ~(C Series of 197fi A RESOLUTION EXPRESSING THE OPPOSITION OF THE TOWN COUNCIL TO THE TRADES OF LAND AD3ACENT TQ THE BOUNDARIES OF THE TOWN OF VAIL OR WITHIN THE GORE VALLEY BY THE UNITED STATES FOREST SERVICE OR OTHER GOVERNMENTAL AGENCIES FOR THE PURPOSE OF INCREASING DEVELOPABLE LAND IN THE GORE VALLEY WHEREAS, the development in the Gore Valley is fast reaching maximum proportions; WHEREAS, the numbers of people living in the Gore Valley or using the Gore Valley for recreational purposes is limited by the topography, availability, of governmental services, availability of water resources, skiing capacity on the Mountain, and other restrictions; WHEREAS, the Forest Service and certain governmental agencies have in the past agreed to land trades that have increased the land in the Valley available to residential and commercial development, thereby adding more residents and users to the Valley; WHEREAS, there have been trades of land that benefited the public when the land traded was used for recreational pur- poses, open space and public facilities; WHEREAS, the Town Council is of the opinion that future land trades that would add to the densities of the Gore Valley should be discouraged; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: {1} The Town Council of the Town of Vail hereby expresses its opposition to the trading of U. S. Forest Service or other governmental agency lands adjacent to the boundaries of the Town of Vail or located within the Gore Valley that would be used for residential or c~~~u~terciai development. • • • Res. ~' Page 2 (2} The Town Council urges the rejection of such trades unless the same are clearly demonstrable to be within the public interest, and the land would be used far recrea- tional purposes, open space or other public facilities. INTRODUCED, READ, APPROVED, AND ADOPTED, this 2nd day of November, 1976. 1~ ~ ~.~~ r ATTESTo 1n ~1 r~ L ~i Town Clerk i' .~ 1 Y u `3.~J~1~ •UU W U l!VrJ.I~ i FOR IMI~,EDIATE RELEASE VAIL ASSOCIATES SCRAPS PLANS FOR POTATO PATC~I ADpITION November 2, 1976 '~. Vail Associates, Inc. announced on November 2, 1.976, that p1,~.ns for pursuing a trade with the U. S. Forest Service to expand the Potato Patch subdivision have been dropped. At the same time, the company announced its support of the Vail Town Council resolution designed to discourage trades for public lands where the net resin! t tivou7 d be adcli ti onal Gore Creek Valley beds , The determination to take a leadership role in this issue was made after a review of the Town of Vail's preliminary Growth Management pats. The data indicates that there are mare accor~madations currently zoned in the Valley than the mountain capa- city wi]1 support. "Adding mare beds under these circumstances will arl;7 further complicate t1~e growth management problem which is currently being acldressAd by ~:he Tcwn--and we feel that support on the 'trade issue' is a step toward solving these problems", according to Dick Peterson, Vail Associates, Inc. President. Concurrently, Vail Associates, Inc. is urging the county and ~frban cor-~munities tc, keep all avenues open for land exchanges that will benefit the upper Eagle Valley. examples could include exchanges for recreation, back country access, open space, grazing and timber sales among others. ****~* Press Contact: Roger Tilkemeier Vag! Associates, ~~(i. Box 7, Vail, Colorado 81657, 303/476-5601 • ~ RESOLUTION N0. c~ 7 Series of 1976 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF VAIL AND THE HERTZ CORPORATION FOR LEASE BY HERTZ OF PREMISES IN THE VAIL TRANSPORTATION CENTER FOR RENTAL CAR FURP05E8 WHEREAS, the Town now owns, operates, and maintains a transpartation center in the Town of Vail, Colorado, known as the Vail Transportation Center, hereinafter referred to as the "VTC"; WHEREAS, the Town Council is of the opinion that the convenience of travelers using the VTC is served by the rental of automobiles for their business and pleasure; and WHEREAS, the Hertz Corporation has submitted a lease agreement for the Town's consideration to provide such rental service from premises in the VTC; NOW, THEREFORE, BE IT RE50LVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1} The Town Council hereby authorizes the Town Manager to execute the proposed lease agreement and the Town Clerk to attest to said execution. adoption. (2) This resolution sha11 take effect upon its INTRODUCED, READ, APPROVED, AND ADOPTED, this 2nd day of November, 1976. ATTEST- ~~.,~;rC~~~ Town Clezk i~ ~ .;.! ~ ,~ ~ c"' ~- _~~ / ~t~e. a or i RESOLUTION NO. Series of 1976 A RESOLUTION NAMING OR RENAMING CERTAIN STREETS AND PUBLIC WAYS WITHIN THE TOWN OF VATL ~` WHEREAS, there are certain public streets or ways within the Town of Vail that have never been named; WHEREAS, because of duplication of names, reloca-- tion and other changes, confusion has arisen concerning the names of certain streets and public ways; and WHEREAS, the Town Council is of the opinion that certain streets should be named and others renamed; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VATL, COLORADO, THAT: (1) The following streets, ways or public thorough- fares within the Town of Vail shall be named or renamed as follows: (a) Main Gore Drive from Lots 5146 to 5056 is renamed "Gore Circle". (b) Spruce Way shall be extended easterly deleting the small section of Aspen Lane and then southerly to U.S. 6. (c) Tha public way extending north of U.S. 6 opposite Lupine Drive shall be named "Spruce Drive". (d) Meadow Drive from Main Gore Drive shall be renamed "Grouse Lane". {e) Gore Creek Road shall be renamed "Vail Valley Drive", and that name shall be extended to the South Frontage Road. . f ~ •~ << Res. 2 0 Page 2 (f) The road immediately west of the Vail Transportation Center shall be known as the "Village Center Road". (g) The road from East Meadow Drive to the southernmost boundary of the Town and c~a~u«only referred to as "Willow Bridge" shall be known as "Willow Bridge Road". (2} The naming or renaming of certain public thor- oughfares specified in Section (1} above are shown on Exhibit "A" attached hereto. (3) The Council finds that these changes are in the public interest, facilitating the use of the streets and ways and eliminating confusion thereon. INTRODUCED, READ, APPROVED, AND ADOPTED, this 16th day of November, 1976. .~ ,. ~ ~ ~.s'~ ~ Mayor ATTEST. Town Clerk ,/~ _., ._._ - .. xo w% w~ xo V~ w~ O d ~; U ~a h~ h~ U~ h, J o \_ y,0 i.+% ~ yo0 h m r ~ n ~ m r ^, ~ ~ ~ :, ~ " ~ ~~ ..r+ v h, ~y Z~©~ I Zvd4 zov • h~ n~ 7/ Gl s ~ dA 40 .,J~ r ~~ ~'t 7 . ~ ~ W x _,.-• a ~ ~ ~~ ~ ~~. ~, • .` ~ , 1. a°y • P~ r • '~ ~~ ~~ ~~ . pa U .~ p DO ~ ~. ` ~~ S ~~ ` +\' ~ m b ~ W 5 h N ~~ v ~ i r o p N •"\ O G N W rWr J ~ ~4'_ 9 Q ..u m a ti„J o ~ / h P ~~ o p (~ ~ f J - ~D a {yJ `J 7 M a M ~' + a ~~ ~ t ~ o m p y:~ .: ~~ ~ 4Q / N ~t~%~ ~ Q ~' Y Q • ~ ~ ~~,, ~O p ~ 1! a pl W N •~ •~ J V ~ ¢ n _ r ~ ~_a ~ ~ n e ~ i V ~~ +. ~ v `mot • m V N r~ ~ i. b N~ ~ Y` w y 1 h Q' t ~ YP1 1 9 i7 1~ 4 ' ~ 1 10 ` "' f - YI l ~ ~y : ~ l5 4 rr ° /,. 4^~ ~M ~~ Y 1 ~ h~ o- ~ ~ s r.'i5t• Iq, O~, v~ ~' a ~ 21Gtr a ro l . ~ ~ L: l I ' y0 . ~ tr. ' p 6 v 9 u r p ~ ~' ,n r' ~ a ~ n v O p a N N ~ ~ ~ p h ~ or p Pta `" ~ • ~ a ~ ~ a I ~ a F a ~ n o ~ n , ~ ~: a ~ 1• a m M 4` r 1 ~ •P r ~ I ~ S r m R h O ~~ n Y ~!v ~ Oi "' B02f a n n 1 ° .1 ml~ L h ~ ~ ~ " hu .d ~ eL f ~, >~ o ~^ vm ', ~ v '~ 119rp / I V ~ / ~Z~ *~ i1 ~ v r~N « !!! ~~ ~ M ~ ~ ~, N 01 ~ OI • ~ ~':wlC• v • p n f1 > P n Y Y ~ Y N r w • ' ~ 'w/ N + W h • V f ~',.. ~~, k t i yM1 • pp %]3Y3 NtAH9tY . ,r~ ~ j '~~ r * ~ s~ i `°' L ~ ~~ `1~ ,.~ ~ ~ •~~~ ~ .~ # y r » !' ~Y~ 0 3a ~ ~ N ~ ~ X67 V ~ ~ S ..++-' 8~ tom' ...~~t ' ~O Pry ~a 0 Y~ wL ~ r J d `j 7 0 V N ~'~ O o! O bq ~, O iS7 ~ ~ r H 0 Y t J /~ P 8 r K N p a~ a- R Y w a ,~ ws r ~ Y V s y Y ~^ • ^ 4 ~' ~: C ~' ~~ M O hf ~ ~ ( ~~,~ ~~E• • l DDL GQL a0i C0~ a ao~ OOl ooc '~i l ..; y ~, ' ~, z 4 i N~RS o N .i i~~~ t ~f~~ A ~ ~ ,'' ~ a 0 ~ ~ ~~ n ~ -~ A .Y N ~1 ~ ! ~• (\\\ I rA ~3W v P, A ~ ~~~ Y } 1`~~ _; .~,.. r-- _ . ~ - _w ~. ~~ ~~~ ~` k-;~' ~ -~ ~. i ~ A ~. , ~ ~ ! .~' N I N ~~ L ` U_. A + ~~ 'rr}a ~ a ~\ N `1f~i`".~t ~r 4 ~ ' N ~~. a~~~;~~~ OOd \ I - ~' [ r' o~ c ~I,~" i +wJ A W ~ ~ *~~ 4NAL[ T 110AC ]! t l uh~5 • ~~ COURtb~ 005i '~~ ffff i w Yco~ir o ~" ~ o r.r.r~r O '+ ~, ~ `* ~ 0 O l r a ~. ~ .~, H ~, oaa' • ooc` ~~ ~_ P' ~„ ~.. GO d .~.. r ~. SEF. PAGE T • ' r ,• ~z -/ CERTIFIED RECORD OF P320CEEDZNGS OF THE TOWN COUNCIL OF THE TOWN OF VATL, COLORADO RELATING TO A RESOLI3TION CONFIRMING THE DATE AND RATIFYING NOTICE OF A PUBLIC HEARING TO BE HELD DECEMBER 21, 1976 CONCERNING THE LEVYING OF SPECIAL ASSESSMENTS AGAINST PROPERTIES WITHIN ~~ TOWN OF VATL, COLORADO, STREET IMPROVEMED]T DISTRICT NO. 1 ~ • • 4 STATE OF COLORADO ) COUNTY OF EAGLE ) ss. ) TOWN OF VAIL ) The Town Council of the Town of Vail, Colorado, met in regular session at the Vail Municipal Building, the regular meeting place thereof, in said Town on Tuesday, the 7th day of Decembex- 1976, at the hour of 7:30 p.m. The following members of the Town Council were present: John Dobson, Mayor John Donovan Bill Heimbach Kathleen Klug Bob Ruder Josef Staufer Bill Wilto The following members of the Town Council were absent: `~ The following person~jwere also present• 4'' J Thereupon, the following proceedings, among others, were had and taken: Council Member introduced, moved the approval of, and read by title the fallowing Resolution, copies of which had previously been made available to the Council and to the public: -~ 1- RESOLUTION NO. ~~ ~ -76 A RESOLUTION CONFIRMING THE DATE AND RATIFYING NOTICE OF A PUBLIC HEARING TO BE HELD DECEMBER 21, 1976, CONCERNING THE LEVYING OF SPECIAL ASSESSMENTS AGAINST PROPERTIES WITHIN TOWN OF VAIL, COLORADO, STREET IMPROVEMENT DISTRICT N0. ~. ~~ WHEREAS, the Town Council of the Town of Vail has heretofore by Ordinance No. 14--76 authorized and ordered the construction and in- stallation of improvements therein described for Town of Vail, Colorado, Street Improvement District No. l and determined thereafter to levy special assessments against the affected properties in the District, according to the method and within the limitations therein described, and WHEREAS, Ordinance No. 14-76 requires that such assessments shall be levied by ordinance after a notice thereof and a hearing thereon; and WHEREAS, Ordinance No. 9-76 provides that the Town Manager shall be responsible for the publication of such notice as more particularly described in ~1-11 thereof; and WHEREAS, the Town Manager has selected December 2l, 1976, as the date most suitable for the aforesaid public hearing; and WHEREAS, at the request of the Town Manager the Town Clerk has heretofore caused a notice in the form attached hereto at page 3, to- gether with a copy of ~1-11(c) of Ordinance No. 9-76, to be mailed by first class postage prepaid mail to the record owners of the affected properties on December 2, 1976, and further caused said notice to be published in the Vail Trail, a newspaper of general circulation in the Town, in its issue of December 3, 1976. -2- • • • S NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT. 1. The date selected by the Town Manager for the hearing on the special assessments to be levied against properties within Town of Vail, Colorado, Lacal Tmprnvement District No. 1, i.e. December 21, 1976, is hereby approved and confirmed. 2. The mailing and publication of notice by the Town Clerk as hereinbefore recited is hereby approved and ratified. 3. All acts, orders, ordinances, resolutions, or parts thereof, of the Town in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed so as to revive any act, order, ordinance, resolution, or part thereof, heretofore repealed. 4. 1f any paragraph, clause or provision of this Resolution is judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses or provisions hereof, the intention being that the various paragraphs, clauses or provisions hereof are severable. APPROVED AND ADOPTED this 7th day of December, 1976. (TOWN) {SEAL) ATTEST: ~ ~WL Town Cl c TOVdN OF VA~I~, COLORADO ,~~~ _.~ ?~ ~ ,.I~ a>:~ ~~~~ _ ~~r ~~ ~~~~ Mayor ~~ _~~ i (Attach Farm of Notice} -3- i • r Council McMber seconded the motion, and the question being upon the approval and adoption of said Resolution, the roll was called with the following result: Those voting "Yes": Council Members: Jahn Dobson, Mayor John nanovan Bill Heimbach Kathleen K1ug Bob Ruder Josef Staufer Bill Wilta Those voting "No": Council Members: members of the Council present having voted in favor of the approval and adoption of the Resolution, the presiding officer thereupon declared the Resolution duly approved and adopted. Thereupon, after consideration of other business to come before the Council, the meeting was adjourned. /~. ~ ~ L~-._ ~ Mayor Towr~i~f Vail, Colorado (TOwN) (SEAL) ATTEST: 1 _ - ~ ~~~ Town Cle~' Town of Vail, Colorado / -5- STATE OF COLORADO ) COUNTY OF EAGLE ) ss. ) ~ow~ of VAIL ) (Attach Affidavit of Publication of Notice.) -6- STATE OF COLORADO ) } COUNTY OF EAGLE } ss. TOWN OF VAYL J I, Rosalie ,7effrey, Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby certify that the foregoing copy of Resolution No. -76, confirming the date and ratifying notice of a public hearing to be held December 21, 1976, concerning the levying of special assessments against properties within Town of Vail, Colorado, Street Improvement District No. 1, is a true and correct copy; that said Resolution was approved and adopted by the Town Council at a regular meeting thereof held at the Vail Municipal Building, the regular meeting place of the Town Council in the Tawn, on Tuesday, the 7th day of December, 1976; that true copies of said Resolution have been duly executed and authenticated by the signatures of the Mayor of the Town of Vail and myself, as Tawn Clerk of said Town, sealed with the seal of the Town, numbered and recorded in the official records of the Town kept for that purpose in my office; that an December 2, 1976, which date was not more than 23 nor less than 18 days prior to the public hearing to be held December 21, 1976, I caused a notice in the form attached hereto at page 3, together with a copy of §1-11(c) of Ordinance Na. 9-7b, to be mailed by first class, postage prepaid mail to the record owners of all affected properties within the District at the addresses listed therein, which owners and their respective addresses were ascertained by examining the real property assessment rolls for general (ad valorem} taxes of Eagle County as of November 27, 1976; that T also caused said notice to be published in the Vail Trail, a newspaper of general circulation in the Town of Vail, in its issue of December 3, 1976, which date was not more than 24 nor less than 10 days prior to said public hearing, as evidenced by the affidavit of publication attached hereto at page 6. I further certify that the foregoing pages numbered 1 to 6 constitute a true and correct copy of the record of the proceedings of the Town Council at its regular meeting of December 7, 1976 insofar as said proceedings relate to said -7- . I • • Resolution; that said proceedings were duly had and taken; that the meeting were duly held; and that the persons were present at said meeting as therein shown. IN WITNESS WHEREOF, T have hereunto set my hand and the seal o£ the Town of Vail, Colorado, this day of December, 1976. Town 1 Town of Vail, olorado (TowN ) (SEAL) -$- .. ~ ~ RESOLUTION NO. ~~ Series of 1976 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, IN SUPPORT OF DOCKET NO. 30058, APPLICATION OF ROCKY MOUNTAIN AIRWAYS, INC. FOR AN EXEMPTION PURSUANT TO SECTION 416 (b} OF THE FEDERAL AVIATION ACT OF 1958, AS AMENDED WHEREAS, Rocky Mountain Airways has filed with the Civil Aeronautics Board for exemption from certain portions of the Federal Aviation Act of 1958 to a11ow Rocky Mountain Airways to operate a new type of aircraft, the deHavilland DHC-7; WHEREAS, the Council believes that the use of the DHC-7 aircraft will allow Rocky Mountain Airways to provide a better class of service to serve the traveling public in and out of Eagle County; WHEREAS, Rocky Mountain Airways has represented to the Town Council that the particular aircraft is suitable and acceptable to the environment of Eagle County due to its very low noise emission levels, and the low emission and solid pollutants discharge from the aircraft operations; and WHEREAS, the Town Council presently supports alter- native transportation systems, and the use of the DHC-~7 will provide a service that will encourage present users of travel by automobile to use transportation by air; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Town Council hereby expresses its support for the request of Rocky Mountain Airways, Inc. to be granted an exemption pursuant to Section 416 (b} of the Federal Aviation Act of 1958, as amended. (2} The Town Council respectfully requests that Rocky Mountain Airways, Inc. be granted its application for exemption in Docket No. 30058. ~' f Res. ~G Page 2 INTRODUCE, READ, AND ADOPTED this '7th day of December, 19'76. ~, k~ ~ ~,.~ .. "' Mayo ATTEST: ~~ ~i~.~,~ a Town Clerk RESOLUTION NO. 31 Series of 1976 A RESOLUTION EXPRESSING THE CONCERN OF THE TOWPd COUNCIL OVER THE LACK OF PUBLIC TRANSPORTATION FROM DENVER TO VATL AND EAGLE COUNTY, AND SETTING FORTH DETAILS IN RELATION THERETO WHEREAS, the Town Council has supported energy conservation measures and as a part thereof the limited use of automobiles both within the Town and transportation to and from the Town; WHEREAS, at the present, public motor vehicle transportation from Denver to the Gore Valley is restricted to the limited bus service, rental car, and chartered Iimou- sine; and WHEREAS, the Town Council is of the opinion that additional public transportation into the Gare Valley is necessary; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VATL, COLORADO, THAT: (1) The Town Council urges the initiation of additional public motor vehicle transportation service from Denver and Stapleton International Airport to the Gore Valley to reduce the use and number of private automobiles in the Valley. INTRODUCE, READ, AND ADOPTED, this 7th day of December, 1976. ATTEST: ~~G~ ~< ~~ Town Clerk ,% ' - RESOLUTION NO. ~~ Series of 1976 A RESOLUTION OF THE TOWN COUNCIL EXPRESSING ITS SUPPORT FOR THE PROPOSED EXTENSION OF THE WHITE RIVER NATIONAL FOREST BOUNDARIES WHEREAS, steps have been initiated to legislatively authorize the extension of the United States Forest Service boundary and management control for the White River National Forest; WHEREAS, the Bureau of Land Management and the Forest Service manage public lands under very similar management prin- ciples; WHEREAS, the consolidation of management under the United States Forest Service would simplify and improve admin- istration of those lands; and WHEREAS, the rapidly changing nature of public and private land use makes one agency management highly desirable from the efficiency and uniformity of policy standpoint; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOW1V OF VAIL, COLORADO, THAT: (1) The Council hereby expresses its support for the proposed extension of the boundaries of the White River National Forest to an area bounded by Cross Creek on the south, the foot of Vail Pass on the east, Wolcott on the west, and the Colorado River on the north. (2} The Town Council urges the Colorado Congres- sional delegation to take whatever steps are necessary to initiate legislation to extend the boundary as above stated. INTRODUCED, READ, AND ADOPTED this 7th day of December, 1976. ATTEST: J'' ~~ ~ ~ x ~~ Mayor ~~ i ~ /1`~ ,` Town ~. ~ RESOLUTION N0. ~`7 Series of 1976 A RESOLUTION OF THE TOT~IN COUNCIL EXPRESSING ITS SUPPORT FOR EXPANSION OF THE VAIL MEDICAL CENTER TO A FULL SERVICE HOSPITAL WHEREAS, the Town of Vail is growing in the number of residents and visitors; WHEREAS, the residents and visitors to the Town should be protected by a full service medical facility; and WHEREAS, the addition of obstetrics and surgery to the Vail Medical Center would bring it to a full service medical facility; NOW, THEREFORE, BE IT RESOLVED BY THE TOG^]N COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The Vail Medical Center's plans for the addition of obstetrics and surgery to its services and facilities are hereby applauded by the Town Council and the support of the Council pledged therefor. INTRODUCED, READ, APPROVED, AND ADOPTED, this 21st day of December, 1976. AT'E`EST f ~v i ~~ r Town Clerk ~~ / RESOLUTION NO. Series of 1976 A RESOLUTION APPROVING THE CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS WIiICH PROVIDES ADDITIONAL FUNDS FOR CONSTRUCTIpN OF A PEDESTRIAN OVERPASS OVER INTERSTATE HIGHWAY 70 WHEREAS, the Town of Vail and the State Department of Highways have agreed to participate in the construction and maintenance of a pedestrian overpass known as BWRF 070- 2(5}; WHEREAS, by Resolution No. 11, Series of 1976, the Town Council approved and authorized the Town Manager to execute a contract between the Town of Vail and the State Department of Highways for the construction and maintenance of said pedestrian overpass; WHEREAS, estimates revealed that additional funds would be necessary to construct said overpass; and WHEREAS, the Town of Vail requested and received said additional funds from the State Department of Highways; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Contract between the Town of Vail and the State Department of Highways for the construction and mainte- nance of the pedestrian overpass over I-70, known as project BWRF 070-2 (5) is hereby amended to accept the additional funding. (2) The Town Manager is hereby directed and authorized to execute said amended Contract on behalf of the Town of Vail, and the Town Clerk is authorized and directed to attest and affix the Town's seal to said amended Contract. INTRODUCED, READ AND APPROVED this 21st day of December, 197fi. ATTEST: ,~ ~. j ~~ ~f ~.{ F Town Mork ~~/ /; 1' ~' y r `.' r