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HomeMy WebLinkAbout1977 Resolutions€':. s ~~ RESOLUTION N0. 1 Series of 1977 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL, NAMING THE ANTHOLZ PROPERTY THE GERALD R. FORD PARK AND STATING CERTAIN MATTERS IN RELATION THERETO WHEREAS, Gerald R. Ford has brought to the Town of Vail his interest and his encouragement; WHEREAS, Gerald R. Ford has shown through his private life and his public life a commitment to recreation, the environment and places set aside therefor; WHEREAS, the Town of Vail is indebted to Gerald R. Ford the man and Gerald R. Ford the President of the United States for his contribution to this community; and WHEREAS, the Town Council believes that a statement of the community's appreciation and respect for Gerald R. Ford is appropriate and called for; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The appreciation of the Council and the residents of the Town of Vail is hereby expressed to President Gerald R. Ford for his interest in and contribution to the Town of Vail, and as an expression thereof, that property commonly referred to as the Antholz Park is hereby named the Gerald R. Ford Park. INTRODUCED, READ, APPROVED, AND ADOPTED, this 18th day of January, 1977. ATTEST: -, a~~-Q,G~ ~~~~U9 Town Clerk ~~~ ,9f' ~` d ~~~~ ` ~ RESaLUTION Na. ~ Series of 1977 A RESOLUTION AUTHORIZING THE ACTING TaWN MANAGER TO EXECUTE A LEASE AND AGREEMENT TO PURCHASE BETWEEN THE TOWN OF VAIL AND THOMAS I. STEINBERG, WILLIAM A. HOLM AND WILLIAM A, BEVAN FOR THE LEASE AND PURCHASE OF LOT 10, VAIL VILLAGE SECOND FILING WHEREAS, Thomas I. Steinberg, William A. Holm and William A, Bevan now own Lot 10, Vail Village, 5ecand Filing, adjacent to Site 2~; WHEREAS, the Town Council is Of -the opinion that the acquisition Of Lot lU is necessary to relocate the public road and utilities that cross Site 24 and for the proper and full use, enjoyment and development of Site 24; and WHEREAS, the Town Council is Of the opinion that the purchase of Lot ld is in the best interest of the residents of the Town of Vail and that the agreement between. the Town and the Owners of Lot l0, as evidenced by the attached Ground Lease and Agreement to Purchase, should be approved; Nflta, THEREFORE, BE IT RESOLVED BY THE TaWN COUNCIL flF THE TOWN OF VAIL, COLORADO, THAT: {~.} The Town Council hereby authorizes the Acting Town Manager to execute the proposed Ground Lease and Agreement to Furchase attached hereto as Exhibit "A" and the Town Glerk to attest to said execution and affix the Seal of the Town thereto . (2} This resolution sha~.l take effect upon its adoption. INTRaDUCED, READ, APPROVED, AND ADOPTED, THIS lst day of Fe3aruary, 1977. jl ~r ~~ Cn ° l .` ~ r~~ I £ Mayor ~ i ~t',ati,ri ~yyl ATTEST: ~~i~~ Town Cler:~ ~,/ ~ • • ~ GROUND LEASE ' AND AGREEMENT TO PURCHASE THIS AGREEMENT, made and entered into as of the ~~ day of ~~~~ , 1977, (hereinafter r referred to as "the date of this Agreement"), by and between THOMAS I. STEINBERG,~WILLIAM A. HOLM, and WILLIAM A. BEVAN (hereinafter referred to as "LESSORS"), and THE TOWN OF VAIL, a Colorado home rule municipal corporation (hereinafter referred to as "TOWN"), . WTTNESSETH: (l) Lessors, for and in consideration of the rents, covenants, and agreements hereinafter mentioned to be paid, kept and performed by the Tc-vn, has let and leased, and does hereby let and lease unto the Town the following described real property situate in the County of Eagle and State of Colorado: Lot l0, Vail Village Second Filing, Town of Vail To have and to hold the above-described real property (all of the property hereby leased being hereinafter referred to col-• lectively as "the leased premises") to the Town for the pera.od of four months, commencing on January 1, 7.977, and ending at noon on May 1, 1977. {2) Warranties of Lessors. Lessors warrant that they have the right to lease the leased premises and covenant with the Town that, conditioned on the Town's faithful performance and observance of the Town's covenants contained herein, the Town shall have, from the date of this Agreement, quiet and peaceable possession of the leased premises during the lease term, subject to this Agreement, and Lessors will defend the Town's possession against: any and all persons whomsoever. This Agreement and the lease term shall, however, expire and all fights of the Town here- • • 3~LA5E ~ Page 2 under terminate automatically upon the expiration of the ~. term of this Agreement, without notice or demand upon the Town, {3) Covenants of the Town. The Town does hereby lease the leased premises for the term of this Agreement and agrees to the following: {a) To use the premises for recreational or governmental purposes; (b) To keep and maintain the leased premises in as good a Condition as it is on the commence-- ment date of this Lease and not to commit waste of the leased premises or any portion thereof; (c) To pay a rental fee of $2800.00 payable in monthly payments of $700.40 each, due and payable on the ~,Q~ ---, day of each month during the term of this Lease. {d} The Town will enter into possession of the leased premises immediately upon commencement of the term of this Lease and will thereafter during the term of this Lease occupy and hold possession of the leased premises, holding Lessors exempt and harmless from any damage or injury to any person, or personalty, by reason of the possession of the leased premises, or the Town's other operations conducted upon the leased premises, except as such injury or damage may result from the negligence of the Lessors. {e) The Town shall, at its sole cost and expense, maintain in force during the term of this Agreement a policy or policies of comprehensive general liability insurance covering the Lessors. {4) Covenants of Lessors. It is further agreed by Lessors in consideration of the rents and covenants to be paid or herein made to be kept • • • GROUND LEASE by the Town, that Lessors covenant as fo~.lows: Page 3 {a} That the leased premises ,may be used for the purposes set forth herein and that the Town shall have exclusive use of the leased premises, subject to the terms of this Agreement; (b) Lessors will not take any other action which would prohibit or restrict the Town's use of the leased premises in accordance with this Agreement; (c) To pay all ad valorem taxes, assess- ments and other public charges levied or assessed by the federal, state or local governments upon the leased premises, this Lease Agreement, the rents herein reserved, and any improvements erected thereon, and will at all times save the Town harmless from the payment thereof. (5) Conditions of Grant. This Agreement is made upon the condition that the Town shall perform all the covenants and agreements herein set forth to be performed by it. If there shall. be d~:fault on the part of the Town in the payment of rent, or other con- dition in the performance or observance of any of the remaining covenants or agreements to be observed or performed by it and such default shall continue for thirty (30} days after written notice of such default and demand for performance is given by Lessors to the Tawn, Lessors shall have full right, without further demand or notice which are hereby waived, to enter upon the leased premises and to take immediate possession thereof and to bring suit for and collect all rents, payments or other charges which shall have been accrued to and from the time of entry. Upan such default this Agreement and all rights herein granted shall become void to all intents and purposes whatsoever and all improvements made on the leased premises shall be held by Lessors as security for the payment of amounts due under this Lease by the Town. ~ ~ GROUND LEASE (6) Mutual Agreements. Page ~ ~t is further mutually agreed by and between the parties hereto as follows: (a) Notice. A11 notices, requests, consents, • option and other communications under this Agree-- ment shall be in writing and shall be deemed to have been sufficiently given or served if delivered or mailed by first class, registered or certified mail, sufficient postage prepaid, addressed as follows: If to Lessors: Thomas Z. Steinberg . William A. Holm William A. Bevan • Vail. Medical Professional Corporation P. 0. Box 1328 Vail, Colorado 81657 If to the Town: Tawas of Vail P, O. Box 100 Vail, Colorado 81657 Attention: Town Manager Copy to Town Attorney The addresses herein given may be changed by the party affected thereby by notice given pursuant to the provisions of this paragraph. (b} Waiver. No waiver, expressed or implied, of any breach of any covenant, condition or stipu-- lation hereunder shall be taken as a waiver, expressed or implied, of any succeeding. breach of the same covenant, condition or stipulation. The acceptance of rent~by Lessors shall not be deemed to be a waiver {except as to any default arising out of the ` failure to pay the rent so accepted by Lessors), of any breach of the Town of any covenant herein con- tained or of the right of Lessors to re-enter for breach of condition. (c) Covenants Against Liens. (i) By~the Town. During the term of this Agreement, the Town covenants promptly to discharge or cause to be discharged every lien, ~ ~ ~, GROUND LEASE Page 5 charge or encumbrance of any nature whatsoever created by thc~ Town and no others, which may be filed against the leased premises, and the Town will indemnify and save Lessors harmless from all loss, cost and expense, incXuding reasonable attorneys' fees, which Lessors may sustain by reason of such Lien, charge or encumbrance, or in defending against such lien, charge, or encum- brance. (ii) By Lessors. During the term of this Agreement, Lessors covenant promptly to discharge or cause to be discharged every lien, charge or encumbra~ice of any nature whatsoever created by Lessors and no others, which may be or have been filed against the leased premises, and Lessors wi11 indemnify and save the Town harmless from all loss, cost and expense, inclu- ding reasonable attorneys' fees, which the Town may sustain by reason of such lien, charge ox encumbrance, or in defending against such lien, charge or encumbrance. {7} Agreement to Purchase Leased Premises. It is also mutually agreed by and between the parties hereto that in consideration of the foregoing covenants of each of the parties, one to the other, the Town hereby agrees, and Lessors hereby agree to sell, on or before the first day of May, 1977, the following described real property situate in the County of Eagle and State of Colorado, to-wit: Lot 10, Vail Village Second Filing, Town of Vail {8} At the closing date for said Agreement to sell and purchase, the parties agree as follows: ~ ~ ~ ~ GROUND LEASE Page 6 (a) Lessors agree to sell and convey, and the Town agrees to purchase and pay for the real property located in Eagle County, Colorado, des- cribed as Lot 10, Vail Village Second Filing, Town of Vail. (b} The purchase price shall be Seventy Thousand ($70, OC10) Dollars payable in fu11 at the closing by the Town s delivery to Lessors of cash or certified funds. {e} The Town, at its expense, agrees to obtain a title opinion or title insurance commit- ment from a responsible title company showing the status of record title to the premises and the title commitment to ensure marketable title to the premises to the Town in the amount of the purchase price upon pay,nent of the policy premium by the Town and the satisfaction of certain requirements by Lessors. The title insurance commitment may be Subject to the standard printed exceptions appearing in title commitments issued by said insurer and subject to easements, restrictions, reservations or interests of record or visible on the ground, the taxes for 1976 payable in 1977, and the general taxes for 1377 to the date of closing. {d) Further, Lessors shall supply to the Town a Certificate of Taxes Due prepared by the Treasurer of Eagle County, Colorado. (e) Tf the Town asserts the existence of any encumbrance, encroachment, defect in or objection to title, other than those set forth or referred to in this Agreement, which renders title to any portion of the premises 1~nmarketabls which the Town does not waive (any of which is called a "Defect of Title"), ~ ~ ~ ~k GRDUND LEASL Page 7 the Town shall get written notice of such Def ect of Title to Lessors promptly after dis- covery of such defect and in any case at or before closing of title. After the receipt of such notice, Lessors may elect to proceed to remove or cure such defects,at their expense and, if Lessors so elect, Lessors shall be entitled to an adjournment of the closing of title for a period of twenty (20) days in which to remove ar cure such defects. Lessors shall be entitled to use the proceeds from the closing of title to cure or remove any 17efect of Title which may be removed by payment of an ascertain- able sum of money. Lessors shall also be entitled to provide the Town with title insurance protection against any Defect of Title and such title insurance shall be deemed to satisfy Lessors' obligation to remove or cure such defect. Tf Lessors do not remove or cure such defect, or if Lessors so elect and are unable to remove or cure such Defect of Title within twenty (2 d) days after delivery of the Town's notice thereof, the Town may elect either to waive such defect or to terminate this Agreement. if the Town does nat give Lessors written notice of termination on or before the closing date ar the adjourned closing date (if Lessors have elected to attempt to cure such defect), the Town shall be deemed to have waived such defects. (f) The closing of title shall be on May 1, 1977,, and shall be held at the office of the Town Manager, Municipal Building., Vail, Colorado, at an hour specified by the Town unless (l) adjourned pursuant to paragraph (8}(c) above, or (2) set at another date~by agreement of the parties. At the s • • GRQi]ND LEASE Page 8 closing, the following shall occur, each being a condition precedent to the others and all being considered as occurring simultaneously: {i) The Town shall deliver to Lessors cash or certified funds as provided in paragraph (8} (b) above. (ii) Lessors shall. deliver to the Town an executed and acknowledged General Warranty Deed to the premises subject only to those matters set forth in paragraph (8)(c}.above and any Defects of Title waived by the Town pursuant to paragraph {8)(e} above. {iii) 'The Town and Lessors shall execute and deliver such other documents and shall take other action as may be necessary to carry out their obligations under this Agreement. {g} Lessors sha11 pay all real property taxes levied on the premises for the year 1976 and for the period from January 3., 1977, to the date of closing inclusive. Those taxes shall be paid directly to the Treasurer of Eagle County, Colorado. {h) The Town represents and warrants that it is a duly organized and validly existing Colorado muni- cipal corporation and has full. power and authority to enter into this Agreement. The Town Manager and the Town Clerk are authorized to execute and attest to this Agreement on behalf of the Town in accordance with Resolution No. ~ , Series of 1977. (i) Each party represents to the other that there are no real estate brokers having any claim for compensation or expenses as the result of this transaction. {j) Any notice, demand, payment or other cam- munication made in accordance with this Agreement ~~ GROUND LEASE Page 9 shall be deemed to have been duly given or delivered on the date the same is Viand delivered to the recipient or seventy-two (72) hours after the same is deposited in a post office or postal box regularly maintained by the United States Post Office. (k) The Town may not assign its rights granted by this Agreement without the prior written consent of Lessors. (9) Default and Termination. Unless otherwise provided in this Agreement, upon default prior to or at closing, the party not in default may dec.Lare this Agreement terminated or obtain specific performance hereof. Upon termination of this Agreement, both parties shall be released from all further obligations hereunder. (IO) Miscellaneous. (a} This Agreement shall be binding upon and inure to the benefit of the Town and Lessors and their respective successors, heirs and assigns. (b) This Agreement contains the entire agree~- ment between the parties and may not be modified in any manner except by .an instrument in writing signed by both parties. (c) The section headings are inserted only for convenient reference and do not define, limit, or prescribe the scope of this Agreement. (d) This Agreement shall be construed and enforced in accordance with Colorado law, EXECUTED on the day and year first above written. • LESSORS: /' ~/ ~ G G'~i ~ ~!~ f~~l~ TOWN OF VAIL, COLORADO ~ , ,r / .C.4/ C.t:.IC r By : ,i~.,~ ~ _. 5t~-~nley I'. Bernstein Acting 'own Manager ATTEST~c,~// a ,~ Town'"Clerk /~ • ~ • ~j~ CERTIFIED RECORD OF PP.OCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO RELATING TO A RESOLUTION CALLING A SPECIAL BOND ELECTION TO BE HELD I~.ARCH 2 9 , 19 7 7 ~ ~ ~ RESOLUTION N0. ~ -77 A RESOLUTION CALLING A SPECIAL BOND ELECTION FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED QUALIFIED ELECTORS OF THE TOWN OF VAIL, COLORADO, TWO QUESTIONS OF ISSUING GENERAL OBLIGATION BONDS OF SAID TOWN IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $2,950,000 FOR THE PURPOSES OF ACQUIRING OPEN SPACE AND ACQUIRING, CONSTRUCTING, INSTALLING, AND EQUIPPING AN ENCLOSED ICE SKATING ARENA AND MULTI-PURPOSE FACILITY, SAID ELECTION TO BE HELD MARCH 29, 1977; DESIGNATING JUDGES AND CLERKS FOR SAID ELECTION; PROVIDING FOR PUBLICATION DF NOTICE OF REGISTRATION AND POSTING AND PUBLICATION OF NOTICE OF SAID ELECTION ,• PRESCRIBING THE FORM OF BALLOT FOR SAID ELECTION; AND OTHERWISE PROVIDING FOR THE CONDUCT THEREOF. -2- WHEREAS, the Constitution and laws of the State of Colorado, and the Home Rule Charter of the Town of Vail, Colorado ("the Town"), authorize the issuance by the Town of its negotiable coupon general obligation bonds for the purpose of securing funds to defray the costs of the acquisition and improvement of real and personal property for municipal and public purposes; and WHEREAS, the Town Council of the Town has determined that it would be in the best interests of the Town and the inhabitants thereof to issue general obligation bonds of the Town in an aggregate principal amount nat exceeding $2,950,000 for the purpose of defraying, in whole or in part, the cost of acquiring open space and acquiring, constructing, installing, and equipping an enclosed ice skating arena and multi-purpose facility~as set forth more fully in the bond questions appearing hereinafter in the forms of Notice of Special Bond Election and Ballot hereby prescribed, said bonds to be payable from general ad valorem taxes, except as they may actually be paid from other funds available therefor; and WHEREAS, it is first necessary to submit the separate questions of issuing such bonds for said municipal and public purposes to the qualified registered electors of the Town; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN Off' VAIL, COLORADO THAT: Section 1. A Special Bond Election shall be held in the Town on Tuesday, March 29, 1977, between the hours of 7:00 a.m. and 7;00 p.m. Section 2. At said Special Bond Election there shall be submitted to the vote of the registered qualified electors of the Town twa questians of issuing negotiable, interest bearing, general obligation bonds of the Town in the amounts, far the purposes and within the limitations and terms set forth in the bond questions appearing hereinafter. Section 3. No vote, either for or against the questions to be submitted at said Special Bond Election, shall be received or permitted by the judges of election unless the person offering -3- ~ ~ ~ the same shall be a duly registered and qualified elector of the Town. Section 4. Qualified electors whose names do not appear in the Official Registration List and electors who have changed their addresses may register or change their addresses at the office of the County Clerk and Recorder of Eagle County, Colorado, or at the office of the Town Clerk of the Town, at any time during regular business hours of those offices on or before Friday, February 25, 1977, in accordance with the Home Rule Charter of the Town and Colorado Municipal Election Code of 1965, as amended. In order to so inform the electors of the Town, the Town Clerk shall cause a Notice of Registration in the following form to be published in two weekly editions of The Vail Trail, a newspaper of general circulation in the Town, prior to the closing of the registration books for said Special Bond Election. -4- ~ ~ ~ NOTICE OF REGISTRATION SPECIAL BOND ELECTION TOWN OF VAIL, COLORADO March 29, 1.977 NOTICE IS HEREBY GIVEN that in order to vote at the Special Bond Election to be held in the Town of Vail on Tuesday, March 29, 1977, one must be a registered qualified elector of Vail, Colorado. Persons otherwise qualified and desiring to vate but not presently registered to vote may register at the office of the County Clerk and Recorder at the Eagle County Courthouse in Eagle, Colorado, or at the office of the Town Clerk at the Vail Municipal Building in Vail, Colorado, during regular business hours ON OR BEFORE FRIDAY, FEBRUARY 25, 1977. This Special Bond Election will be held for the purpose of submitting to the registered electors of the Town of Vail two questions of incurring bonded indebtedness in an aggregate prin- cipal amount not exceeding $2,950,000 for the purposes of acquiring open space and acquiring, constructing, installing, and equipping an enclosed ice skating arena and multi-purpose facility all as set forth in a Notice of Special Bond Election to be published in this newspaper on March 11 and 18, 1977. IN WITNESS WHEREOF, the Town Council of Vail, Colorado, has caused this notice to be given. /s/Rosalie Jeffrey Town Clerk Vail, Colorado {TOWN ) (SEAL) Publish in: The Vail Trail Vail, Colorado Publish on: February 11 and 1$, 1977 -5- ~ ~ ~ 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 1st day of February, 1977, at the hour of 7:30 p.m. The following members of the Town Council were present: John Donovan Bill Heimbach Bob Ruder Rod Slifer h ~i Josef Staufer~ ~ ~yK B-i.i..i ~i.1 L~ The following members of the Town Council were absent: ~. ~ . ~~ts The following persons were also present: Rosalie Jeffrey, Town Clerk Larry Rider, Town Attorney Thereupon Council Member _,'1/~~L~~,~ introduced and moved the adoption of the following Resolution, which was read by title, sufficient copies having previously been made available to the Council and to the public: ~ ~ ~ Section 5. The registered qualified electors of the Town shall vote at said Special Bond Election by secret paper ballot, either by submitting an absent voter ballot or by appearing and casting a ballot at the polls. Voting machines will not be used. Said Special Bond Election shall be conducted in the manner prescribed by law for the conducting of regular elections in the Town. Section 6. Registered qualified electors entitled to vote at said election who meet requirements of the Colorado Municipal Election Code of 1965, as amended, who intend to vote by absent voter ballot, may obtain information and apply far and receive an absent voter ballot at the office of the Town Clerk in the Vail Municipal Building, Vail, Colorado, at any time during regular business hours on or before Friday, March 25, 1977, by following the procedures required by said Election Code. Section 7. The Town constitutes, and there shall be for purposes of this election, one election precinct, the boundaries of which shall be the same as those of the Town, and the polling place for which shall be the Vail Municipal Building, Vail, Colorado. The absent voter polling place shall also be the Vail Municipal Building. Section 8. The following registered qualified electors of the Town are hereby appointed and shall act as judges and alternate judges and clerks and alternate clerks for said Special Band Elect~.on: Judges• Alternate Judges: Clerks. Alternate Clerks: Said judges and clerks shall receive in full compensation for their services the sum of $40 each. The Town Clerk is hereby instructed to mail certificates of appointment to such election officials and to maintain a list for public inspection of those so appointed. _~_ ~ ~ ~ Section 9. The Town Clerk is hereby instructed to publish a Notice of Special Bond Election in two weekly editions of The Vaii Trail, a newspaper of general circulation in the Town, at least ten days before said election, provided that the latter of said editions shall be the next to the last issue of said newspaper before said election. The Town Clerk is further instructed to past a copy of said Notice at the polling place at least ten days before said election. Said Notice of Special Bond Election shall be in substantially the following form: -7- ~ ~ ~ NOTICE OF SPECIAL BOND ELECTION TOWN OF VAIL, COLORADO March 29, 1977 NOTICE IS HEREBY GIVEN that at a Special Bond Election to be held at the Vail Municipal Building, Vail, Colorado, on Tuesday, the 29th day of March, 1977, between the hours of 7:00 a.m. and 7:00 p.m,, there will be submitted to the registered qualified electors of the Town of Vail the following questions: 1. Open Space Acquisition Bonds, Question Submitted: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing general obligation bonds in one series or more in an aggregate principal amount not to exceed $450,000, or so much thereof as may be necessary, for the purpose of defraying, in whole or in part, the cast of acquiring two parcels of real propVa~~y,ii~a~~e ~e~~F~~i~~ely as the Katsos property and Lot 10, t Vbe u e a op n ~3ace and/or recreation and park land, together with all necessary incidental and appurtenant properties and facilities, and the costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 30 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes and other funds legally available therefor, and such bands to be sold and issued at one time or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may later determine, including provisions for the redemption of bonds prior to maturity upon payment of a premium not exceeding 3 percent of the principal thereof?" 2, Ice skating Arena/Multi-purpose Facility Bonds, Question Submitted: "Sha13. the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing general obligation bonds in ane series or more in an aggregate principal amount not to exceed $2,500,000, or so much thereof as may be necessary, for the purpose of defraying, in whole or in part, the cost of acquiring, constructing, installing and equipping an enclosed ice skating arena and multi-purpose facility suitable for conventions, concerts, exhibitions and trade shows, together with all necessary incidental and appurtenant properties, structures and facilities, and the costs inci- dental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 30 years from the date ar respective dates of the bonds, such bonds to be payable from general ad valorem taxes and ather funds legally available therefor, and such bonds to be sold and issued at one time or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may later determine, including provisions for the redemption of bonds prior to maturity upon payment of a premium not exceeding 3 percent of the principal thereof?" -8- ~1 Those persons who are citizens of the United States, eighteen {18} years of age or older, who have been residents of the State n£ Colorado for 32 days next preceding the election and residents of the Town of Vail, Colorado, for 32 days next preceding the election and who have been duly registered shall be entitled to vote at said Special Bond Election. Those electors who are otherwise fully qualified to vote on said questions at said Special Bond Election, but who shall be absent from the Town of Vail, Colorado, on the day of said election, or who by reason of their work or the nature of their employment are likely to be absent and fear that they will be absent from the Town on the day of said election, or who because of serious illness or physical disability, or who for reasons based upon the doctrines of an established religion shall be unable to attend the polls, may apply in writing at the office of the Town Clerk of Vail, Colorado, at the Vail Municipal Building, Vail, Colorado, for absent voter ballots at any time during regular business hours on or before Friday, March 25, 1977. There will be only one election precinct for said Special Bond Election, the boundaries of which sha11 be the same as those of the Town and the polling place for which sha11 be the Vail Municipal Building, Vail, Colorado. The absent voter polling place shall also be the Vail Municipal Building. _g~ ~ ~ ~ The votes cast shall be recorded on paper ballots and said election shall be held and conducted, the returns thereof canvassed, and the results thereof declared, in the manner prescribed by law for municipal. elections. IN WITNESS WHEREOF', The Town Council has caused this Notice to be given. /s/Rosalie Jeffrey Town Clerk Town of Vail, Colorado (TOwN} (SEAL) Publish in: The Vail Trail Publish on: March 11 and 1$, 19'7'7 -10- Section 10. Ballots to be used in voting upon the questions to be submitted at said Special Bond Election shall be prepared and furnished by the Town Clerk to the judges of election, to be by them furnished to the registered qualified electors. Said ballots shall be in substantially the following form: -11- No. • STUB No, DUPLICATE STUB OFFICIAL BALLOT TOWN OF VAIL STATE OF COLORADO SPECIAL BOND ELECTION MARCH 29, 1977 (Each elector desirous of voting FOR or AGAINST any of the following questions shall designate his or her choice with respect thereto by placing a cross [x] in the square opposite the word or words expressing such choice.) 1. OPEN SPACE ACQUISITION BONDS, QUESTION SUBMITTED: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing general obligation bonds in one series or more in an aggregate principal amount not to exceed $450,000, or so much thereof as may be necessary, for the purpose of defraying, in whale or in part, the cost of acquiring two parcels of real pro Px y now res o ~vely as the Katsos property and Lot 10,~a$~ b'~ 1$~e~s~d~~~~~i space and/or recreation and park land, together with all necessary incidental and appurtenant properties and facilities, and the costs incidental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 30 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes and other funds legally available therefor, and such bonds to be sold and issued at one time or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may later determine, including provisions for the redemption of bonds prior to maturity upon payment of a premium not exceeding 3 percent of the principal thereof?" FOR THE BONDS AGAINST THE BONDS 2. ICE SKATING ARENA/MULTI-PURPOSE FACTLTTX BONDS, QUESTION SUBMITTED: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing general obligation bonds in one series or more in an aggregate principal amount not to exceed $2,500,000, or so much thereof as may be necessary, for the purpose of defraying, in whole or in part, the cast o£ acquiring, constructing, installing and equipping an enclosed ice skating arena and multi-purpose facility suitable for conventions, concerts, exhibitions and trade shows, together with all necessary incidental and appurtenant --12-~ . • properties, structures and facilities, and the costs inci- dental thereto, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 30 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes and other funds legally available therefor, and such bonds to be sold and issued at one time or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may later determine, including provisions for the redemption of bonds prior to maturity upon payment of a premium not exceeding 3 percent of the principal thereof?" FOR THB BONDS AGAINST THE BONDS {End of front of Ballot) -13- ~ ~ (To be endorsed on back of Ballot) LJ OFFICIAL BALLOT FOR SPECIAL BOND ELECTION HELD IN THE TOWN OF VAIL, COLORADO, ON MARCH 29, 1977. {Facsimile Signature) Town Clerk Town of Vail, Colorado ~-14 -- • Section 11. The votes cast at the said Special Bond Election shall be canvassed, the returns thereof made, and the results thereof declared in the manner provided by law for the canvass, return and declaration o~ the result of votes cast at regular municipal elections for the Town. Section 12. If a majority of all the votes cast on any question set forth hereinbefore to be submitted at said election shall be in favor of issuing the bonds for the purposes stated in said question, it shall then be lawful for the Town Council to authorize the proper officers of the Town to proceed to issue the negotiable coupon general obligation bonds of the Town, in accordance with the proposal so approved at the election. The authority to issue any or all of the bonds designated in the bond questions, if conferred at the election by the registered qualified electors authorized to vote thereon, shall be deemed and considered a continuing authority to issue and deliver the bonds so authorized at one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred by the electors voting in favor of said bond question. Section I3. All actions, not inconsistent with the provisions of this Resolution, heretofore taken by the officers of the Town, whether elected or appointed, directed toward holding the Special Bond Election for the purpose of authorizing the issuance of general obligation bonds of the Town for the purposes designated above in the bond questions, are hereby ratified, approved and confirmed. Section 14. All resolutions, or parts thereof, in conflict with this resolution are hereby repealed, except that this repealer shall not be construed to revive any resolution, or part thereof, heretofore repealed. Section 15. If any section, paragraph, clause ar provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution. -15- G • Section 16. This Resolution shall take effect immediately upon its adoption. RESOLUTION ADOPTED AND APPROVED this lst day of February, 1977. TOWN OF VAZL, CQLORADO ~ 1~ ~ ~ 'I ,j~; ~ i it Y 'Mayor ~ TP~ys~ {TOWN} {SEAL} ti ATTEST: ~' ~.~/I Town C1e~ Town of Vail, olo ado -16- ~ ~ ~ Council Member ~{,G'~.~ seconded the motion, and the question being upon the adoption of said Resolution, the roll was called with the following result: Those voting "Yes": Council Members: :, ~~' John Donovan Bill Heimbach Bob Ruder Rod Slifer Josef Staufe ~ 7'!?~r- p~rG,yj,L Those voting "No": ~1~'~ members of the Council present having voted in favor or the 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. (TOWN) (SEAL ) ATTEST: t Town Cl ~ (~ Town o£ Vail, Colorado C h .~ 1 ~~ ~'~ Mayor ~~7~i-rv Town o~ Vail, Co~orado ~`, -17- STATE OF COLORADO ) ) COUNTY OF EAGLE ) ss. TOWN OF VAIL ) T, Rosalie Jeffrey, Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby certify that the attached copy of Resolution No. ~ -77 calling a Special Bond Election to be held in the Town on March 29, 1977, is a true and correct copy of said Resolution as adopted by the Town Council at a regular meeting thereof held at the Vail Municipal. Building, Vail, Colorado, the regular meeting place of the Town Council in the Town, on Tuesday, the lst day of February, 1977; 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 the Town, sealed with the seal of the Town, and recorded in the official records of the Town; that the foregoing pages numbered 1 through 17, inclusive, constitute a true and correct copy of the record of the proceedings of the Town Council at said regular meeting insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken; that said meeting was duly held; and that the persons were present at said meeting as therein shown. TN WITNESS WHEREOF, 3 have hereunto set my hand and the seal of the Town of Vail, Colorado, this ~ ~u day of February, 1977. Town T,~ Town of Vai~l,T! olora o (TOWN) (SEAL) -ls~- • • RESOLUTION NO. Series of 1977 A RESOLUTION RELATING TO THE PHASED CONSTRUCTION OF A PEDESTRIAN OVERPASS OVER INTERSTATE HIGHWAY 70 FROM THE LIONSHEAD AREA TO THE LION5 RIDGE AREA; STATING THE INTENTION OF THE TOWN OF VAIL CONCERNING SAID PHASED CONSTRUCTION WHEREAS, the Town of Vail and the State Department of Highways have agreed to participate in the construction and maintenance of a pedestrian overpass over Highway I-70 from the Lionshead area to the Lions Ridge area; WHEREAS, the construction of said overpass was let out for bid, and said bids were greater than the amount of funds available to construct said overpass; WHEREAS, the Town Council of the Town of Vail has determined that the overpass project should be rebid; WHEREAS, the rebidding of the contract will involve phased construction with the first phase consisting of most of the structure, and the second phase consisting of the canopy over the overpass; and WHEREAS, the Town Council is aware that said phased construction will involve restriction of immediate use of the overpass, and no Federal funds will be used in the construction of phase two; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The Town Council directs that the construction of the overpass over Highway I-70 take place in two phases. The first phase shall consist of the construction of the structure without a canopy or covering, and phase two shall include the construction of the canopy or covering for the overpass. Further, the Town Council directs that bids be sought for the construction of phase one of the overpass as soon as possible. Res. ~ Page 2 In relat.~on to the two phases of construction for said overpass, the Council directs that the overpass structure will not be used until the completion of the covering or canopy therefor, that the completion of phase two shall be accomplished within one year of the completion of phase one, and that no Federal funds shall be used for the completion of phase two. INTRODUCED, READ, AND APPROVED, THIS ~Jr!"~l day Of ~.e b~.L1.Aht.~, 197 7 . 0 ATTEST: ~~~ _ '~'~-~/ Town lark ~ j ~J ._ i RESOLUTION N0. ~,~ Series of 1977 A RESOLUTION AUTHORIZING THE ACTING TOWN MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE TOWN OF VAIL AND THE VAIL RESORT ASSOCIATION FOR LEASE BY VAIL RESORT ASSOCIATION OF PREMISES IN THE VAIL TRANSPORTATION CENTER WHEREAS, the Town and the Vail Resort Association entered into a lease agreement for certain premises within the Vail Transportation Center and dated January 12, 1975; and WHEREAS, the parties to that lease agreement have agreed to certain amendments thereto; NOW, THEREFORE, BE TT RESOLVED BY THE TOV+'N COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: {1) The Town Council hereby authorizes the Acting Town Manager to execute the proposed first amendment to the lease agreement between the Town of Vail and the Vail Resort Association for certain premises within the Vail Transportation Center and the Town Clerk to attest to said execution. adoption. (2) This resolution shall take effect upon its INTRQDUCED, READ, APPROVED, AND ADOPTED, this 1St day of March, 1977. ATTE~riT .~-~~~,v Town Clerk .~ a or `~ ~- "I • • FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN TOWN OF VAIL and VAIL RE5ORT ASSOCIATION dated JANUARY 12, 1975 THIS AGREEMENT, entered this 19th day of February, 1977, between the TOWN OF VAIL, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "Town" and THE VAIL RESORT AS5OCIATION, a Colorado nonprofit corporation, hereinafter referred to as the "Lessee"; WTTNESSETH: WHEREAS, on January 12, 1975, the parties hereto entered into a Lease Agreement concerning certain premises located in the Town's Transportation Center; WHEREAS, since that time certain work has been required for the air handling unit to accommodate air quality and temperature needs of the Lessee; WHEREAS, the total cost thereof, $23,x+00.00, was to be split between the parties with the Town paying $7,800.00 and the Lessee $15,600.00; WHEREAS, the Town has agreed that the Lessee's portion of said cost may be paid to the Town in monthly installments at 8 per cent interest aver a period of ten years; and WHEREAS, the .Lessee has agreed to pay its portion of said cast as provided above and that said ten year period shall commence January 1, 1977, and shall continue to December, 198b; NOW, THEREFORE, in consideration of the recitals, covenants and agreements contained herein and the payment of monies as hereinafter set forth, the parties hereto mutually agree as follows: (A) The Lease Agreement between the parties hereto, dated January 12, 1975, for those premises located in the Vail '• T" . FIRST AMENDN~NT PAGE 2 Transportation Center is hereby amended by the addition of the following: (1) The Town and the Lessee agree that the Lessee owes to the Town the sum of $15,600.00 for the Lessee's portion of the cost of a new air handling unit to serve the premises leased to the Lessee. (2) The Lessee agrees to pay and the Town agrees to accept said sum in 120 monthly installments at $ per cent interest. The first monthly payment shall be paid on January 1, 1977, and thereinafter on the first of each succeeding month to and including December 1, 198b. Each monthly payment shall be $189.28 including principal and interest. (3) The monthly payment to be paid by the Lessee as specified in subparagraph (A) (2) above shall be in addition to the regular rental or other charges provided in the Lease Agreement between the parties. (E) All other terms and conditions of the Lease Agreement between the parties, dated January l2, 1975, unless expressly modified herein, remain in full. force and effect. TN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made on the day and year first above written. TOWN OF VAIL, COLORADO A T: l Town Clerk /' / ~}c-F~i~~ Town Manager VAIL RESORT ASSOCIATION ATTES.T;. ~_ ~ `. ~- Secretary! I gy:____ President • RES0LUTION NO. 6 Series of 1977 A RESOLUTION APPROVING THE CONVEYANCE OF A CERTAIN PARCEL OF REAL PROPERTY KNOWN A5 PARCEL B, VAIL VILLAGE FIRST FILING, TO FITZHUGH SCOTT; PROVIDING FOR THE CONSIDERATION THEREFOR; AUTHORIZING THE ACTING TOWN MANAGER TO EXECUTE SAID CONVEYANCE AND THE TOWN CLERK TO ATTEST TO SAID EXECUTION AND TO AFFIX THE SEAL OF THE TOWN THERETO; AND SETTING FORTH DETAILS IN RELATION THERETO • r WHEREAS, the Town presently owns a parcel of property located on the South side of East Meadow Drive and known as Parcel B, Vail Village First Filing; WHEREAS, said parcel is not presently being used by the Town; WHEREAS, Fitzhugh Scott, the owner of the property adjacent to Parcel B and South thereof, wishes to purchase said parcel; and VdHEREAS, the Town Council is of the opinion that the conveyance of Parcel B, Vail Village First Filing, to Fitzhugh Scott upon certain conditions is not contrary to the public's interest; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) Parcel B, Vail Village First Filing, may be conveyed by quit claim deed to Fitzhugh Scott upon the follow- ing terms and conditions: {a} The square footage area of Parcel B shall not be included with or counted as a part of any other parcel of property adjacent thereto for purposes of floor area ratio or gross residential floor area ratio calculations; (b) Fitzhugh Scott shall grant to the Town an easement for pedestrian purposes 20 feet in width across the Westerly, Northerly and Easterly portions of his property. ("His property" as used herein shall include Parcel B, the conveyance of which is approved herein and the adjacent and • Res. 6 Page 2 contiguous properties owned by Scott. The location and des- cription of said easement shall be reviewed and approved by the Design Review Board.); (c) A pedestrian sidewalk as approved by the Design Review Board shall be constructed by Fitzhugh Scott across the above required easement; and (d) Fitzhugh Scott shall pay to the Town a pur-- chase price of $1,500.00 upon the conveyance of Parcel B by the Town to Scott. (2} The Town Attorney is hereby directed to prepare the documents necessary to complete the above authorized con- veyance of Parcel B and the pedestrian easement to the Town. (3} The Acting Town Manager is authorized to execute the above authorized quit claim deed and other instruments or documents necessary therefor, and the Town Clerk is directed to attest to said execution and to affix the Town's seal thereto. INTRODUCED, READ, APPROVED, AND ADOPTED, this 19th day of April, 1977. ATTEST: or r' L`'~"~ G~~ Town Clerk ' RESOLUTION NO. 7 Series of 1977 A RESOLUTION VACATING THE SUBDIVISION PLAT FOR VAIL/LTONSHEAD, FIFTH FILING AND APPROVING THE RESUBDTVISION OF LOTS 5 & fi, BLOCK 1, VAIL/LIONSHEAD, THIRD FILING AS THE MORCUS SUBDIVISION AND SETTING FORTH DETAILS IN RELATION THERETO WHEREAS, in January, 1977, the Town of Vail Planning Commission and Town Council approved the resubdivision of Lats 3, 4, 5 and 6, Block 1, Vail/Lionshead Third Filing, Town of Vail, Colorado, as Vail/Lionshead Fifth Filing; WHEREAS, it has come to the attention of the Town of Vail Planning C~3~u~~ission and Town Council that there were certain errors in said resubdivision; WHEREAS, the applicants have requested that the plat for Vail/Lionshead Fifth Filing be vacated so that said errors could be corrected; WHEREAS, the Planning Commission has reviewed said requested vacation and has recommended approval; WHEREAS, Vail Associates, Inc, and M-K Corporation have requested that upon the vacation of the plat of Vail/ Lionshead, Fifth Filing that a resubdivision of Lots 5 and 6, Block 1, Vail/Lionshead Third Filing as Marcus Subdivision be approved; WHEREAS, the Town of Vail Planning ~'vuuulSSion has re- viewed said resubdivision and the proposed plat for Morcus Subdivision have recommended approval. of the same; WHEREAS, the Town Council is of the opinion that the Plat for Vail/Lionshead, Fifth Filing, should be vacated and subsequent thereto the resubdivision of Lots 5 & 6, Block 1, Vail/Lionshead Third Filing, as Morcus Subdivision be approved; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1}. The Plat for Vail/Lionshead Fifth Filing, a resubdivision of Lots 4, 5, 6 & 7, Block 1, Vail/Lionshead Res . 7 -, 197 7 Page 2 Third Filing, Town of Vail, Colorado, is hereby vacated. (2). Subsequent to the vacation of the Plat specified in Paragraph (l) above, the Town Council hereby approves the Plat for the MorcuS Subdivision, a resubdivision of Lots 5 & 6, Block 1, Vail/Lionshead, Third Filing, Town of Vail, Colorado. {3}. The Town Council accepts th,e dedications con- tained on said Plat for the Morcus Subdivision. (4}. The Mayor is hereby authorized to sign said Plat as evidence of the approval and acceptance of the Town Council and the Town Clerk to attest to his signature. INTRODUCED, READ, APPROVED, AND ADOPTED, this 19th day of April, 1977. ATTEST: ~~ ~ Mayor Town C1er~k ~ • ~ RESOLUTION NO. Series of 1977 A RESOLUTION OF THE TOWN COUNCIL EXPRESSING ITS SUPPORT FOR H.B. 1716 AUTHORIZING BOARDS OF COUNTY COMMISSIONERS TO ADOPT DOG CONTROL MEASURES AND URGING ITS PASSAGE BY THE GENERAL ASSEMBLY i WHEREAS, the existing authority of Boards of County Commissioners to regulate dogs and animals running at large is ambiguous and ineffective; WHEREAS, the control of dogs running at large in unincorporated areas of the State has become an increasing problem punctuated by the tragic death of a child in Summit County; and WHEREAS, the Town Council is of the opinion that Boards of County Commissioners should be enabled to adopt more stringent dog control measures; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VATL, COLORADO, THAT: (1) The Town Council hereby expresses its support for H.B. 1716 and urges the House and Senate of the General Assembly of the State of Colorado to adopt the same. INTRODUCED, READ, APPROVED, AND ADOPTED, this ~'~'~ day of May, 1977. ATTEST: L Tawn Clerk / ~e~~' RESOLUTION NO. Series of 1977 A RESOLUTION OF THE TOWN COUNCIL EXPRE5SING ITS OPPOSITION TO H.B. 1662 RELATING TO THE STATE COLLECTED, LOCALLY SHARED SALES TAX AND URGING ITS DEFEAT WHEREAS, the Town Council of the Town of Vail has adopted a local sales tax; WHEREAS, a substantial portion of the revenues of the Town of Vail are realized from the sales tax revenues; WHEREAS, the sales tax revenues of the Town are used to pay the bonded indebtedness of the Town; and WHEREAS, the passage of H,B. 1662 would be a serious infringement on the power and authority of Home Rule municipal- hies guaranteed by Article XX of the Constitution of the State of Colorado; 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 strong opposition to H.B. 1662 relating to State collected, locally shared sales taxes and urges its defeat by the House and Senate of the General Assembly of the State of Colorado. INTRODUCED, READ, APPROVED, AND ADOPTED, this ~~~ day of May, 1977. ATTEST: ~~'~~- - Town Clerk // ~J I' V RESOLUTION NO. lO Series of 1977 A RESOLUTION OF INTENT TO ANNEX AN AREA GENERALLY WEST OF THE TOWN OF VAIL, COMMONLY KNOWN AS WEST VAIL, TO THE TOWN THROUGH AN ANNEXATION ELECTION WHEREAS, at least ten per cent of the qualified electors, who are resident in and landowners of the area proposed to be annexed, to-wit an area generally West of the Town of Vail, c~~~u«only known as "West Vail", described in Exhibit A attached hereto and made a part hereof, which is situated in a county of less than twenty-five thousand inhabi- tants, filed a Petition for Annexation Election with the Deputy Town Clerk of the Town of Vail, Colorado, on the 7th day of Tune, 1977, requesting the Town to commence proceedings for the holding of an annexation election, and in the event the pro- posed annexation is approved in said election, to annex said area by ordinance; WHEREAS, the Deputy Town Clerk referred said Petition to the Town Council of the Town of Vail. as a communication at the scheduled public hearing on the 7th day of June, 1977; and WHEREAS, having received the Petition for Annexation Election, the Town Council is required under The Municipal Annexation Act of 1965 to determine whether said Petition is in substantial compliance with C.R.S. 31-12-107(2), and if so to follow the procedures set forth in C.R.S. 31-12-108, 109, and 110; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Petition for Annexation Election is found to be in substantial compliance with the requirements of C.R.S. 31-12-107(2), (1973, as amended). (2) The Town Council shall hold a public hearing to determine whether the Petition complies with C.R.S. 3I-12-104 and 105 (1973 as amended} in order to establish eligibility for _ . RES. ~~ Page 2 • annexation under The Municipal Annexation Act of 1965, as amended, said hearing to be held at the regular meeting of the Town Council on the 19th day of July, 1977, at 7.30 P.M., in the Municipal Building of the Town. (3) The Town Clerk shall give notice of the public hearing in accordance with C.R.S. 31-12-108(2), (1973 as amended}. (~} This resolution shall take effect upon its adoption. INTRODIICED, READ, APPROVED, AND ADOPTED, this 7th day of June, 1977. M or ATTEST• '. w.~ ~~ ~ ~ I7ep y Town `~-~rk r ~~~ EXHIB~.1' "A" LEGAL. DE5GRIPTiQN LJ NOTE: Reception Numbers referenced halos apply to the recarda of the Clerk and Retarder of Eagle County, Colorado. Territory to be annexed to the Tovm of Vail, County at Eagle, Scats of Coloreds, located within To~ship 5 South, Range 81 West of the Sixth Principal Meridian according to the Deprpdeat Resurvey of said township and Range •^ ^ppraved by the United Stataa~Dapartment of the Interior, General Land Office, on November 1, 1943, in Washington, D.C.; said Territory to ba annexed being sore particularly described a• follows, to sit: Brginning at the Northeast corner of Liana Ridge Subdivision, Piling No. 2, r subdivision recorded under reception number 121219, said point of beginning also being a point oa the North line of Section 12 of said Totrnahip and Range; thence the fallowing three couraea along the North and Wrest boundary lines of said Lion's Ridg• Subdivision, Filing No. 2: (1) 388.17'49"W 1075.76 fact along the North line of said Section 12 to as suistinR brace cap monument marking the North 1/4 Corner of se id Section 12; (2) 568'19'41"W. 2755.92 feet ^long the North line of said sectian~l2 to an wciating brass cap monument marking the Northwest corner of said Section 12; (3) 51'35'59"W. 2685.44 feet along the West tine of said Section l2 to an existing braes cap monument marking the 1/4 Corner of ^aid Section 12 and Section 11 of said Township and Range; thence 586'11'45"W. 1376.81 feat along the North line of the NE 114 SE 1/4 of acid Section ll to the Northwest corner of said N8 114 5E 1/4; thence 51.39'00"W, 1175.00 feet along the Wear line of ea id NE I/4 SE 1/4 to a point oa the westerly boundary of Vail Seighta, a subdivision recorded under reception Dumber 110985; thrnca continuing Sl'39'00"W. 1b8.50 feet along the Westerly boundary of said Vail Heights and the Weat lies of said NE 1/4 SE 114 to the Northeast corner of the SIB 1/4 SE 1/4 of said 5retion 11; thence S86'20'O4"W. 167.60 feet along the North line of said 3W 1/4 SE 2/4 to the Northeast corner of Vail Daa Schona, Piling No. 2, a subdivision rscordrd under racsp- tion noshes 110484; three• continuing 586'20'00"Sl. 458.00 feat along the North line of said SW 1/4 SB 1/4 and the North . line of said Vail Das Schone, Filing No. 2, to an angle point on th• North Line of said Vail Drs Schone, Filing No. 2; chance continuing 585.20'00"W. 752.64 feat along the North line of ^aid SW 1/4 SE 1/4 to the Northwest corner of said SW 1/4 SE 114; thence 51.51'00"N. 838.Ob fast along the Wart line of said SW 1/4 SE 114 to a paint on the Wrst boundary of said Vail Das Schona, Filing Na. 2; thence continuing S1'Sl'OOW. 532.50 font along th• Weat lino of said SW 1/4 SE 1/4 and Wast boundary of •aid Vail Das Schone, Filing No. 2 to an existing brass sap monemant marking the 1/4 Corner of said Section it and Sactian 14 of said Township and Range; thener 586'21'00"W. 505.41 feat along the North line of the NE 1/4 NW 1/4 of •aid Section 14 and the North line of a reaubdivision of Vail Dss Schona, Piling N.i. 1, a rubdivi-- sion recorded under reception number 103251, to the Nostheast corner of Vaii Ridge. s rubdivieinn recorded uadar racep- tion somber 103252; Chance continuing 586'22'00"W. 248.50 fast along the lbrth line of said NE 1/4 NW 1/4 and the North boundary of said Vail Ridgr to the Northwest corner of Lot 1. Block A, said Vail Ridge; thrnca contiaving S85'22'OOW. 579.45 feat along the North lino of said NE 1/4 N41 1/4 to the Northwest corner of said NE l/4 NW 1/4; theses 51.20'00"E 296.74 fpeC along the West line of said NE 1/4 NW 1/4 to the Northmat corner of Lot 16 of acid 5action l4; thrnca 585.41'26"W 733.92 feet slang the North line of said Lot 16; thence 51:26'18"E. 1053.84 fast along the Weat line o! said Lot l6 to r point ott the North line of Lot i9 of said Srctian 14; thence 386.42'24"W. 310.b0 feet along the North line of raid Lat 19; thence 51`26'18"E. 684.b2 fast slang the Nast line of •aid Lot 19; Choate N86'42'24"E. 1044.52 feat along the South lira o£ said Lot 19 to a point on thr Weat lin• of Lot 2l of said Section 14; thencn Si `26'18"E. 271.17 fast along the Went Iiar of said Lot ll to a point on thn Northerly Riggs-af--Way line of Interstate Highway No. 70; ihancr, the foilovi*tg five couraea along said northerly Right-of-clay lino, said Northerly Righkrof-Way line also being the South boundary r.' said Lot 21: (1) H55.57'42"E. 25b.21 fart to R point on curve; (2) rn arc distance of 285.12 feat along a curve to the left, said curve having a radius of 1760.00 feet, a central angle of 9`16'55", and a chord that bears NS9'l7'00"E. 284.92 feet; {3) N2I'30'Ob"E. 392.37 fast; (4} N4S°48'3b"E. 422.73 feat; (S} N38'40'30"E. 144.14 [sat to s paint on the South line of acid NE 1/4 NW I/4 of raid Section 14, raid point also being the Southeast corner vY Los 8, Block C of said Vail Ridge aubdiviaiaA; thence N85'42'24"E 334.31 feet slang the South lies of srid NE 1/4 NW 1/4 to the Southeast rarnar of said NE 1/4 NW l/4; chants N86`49'28"B. 2763.50 feet along the South ling of the NW 1/4 NE 1/4 and thr South Line of the NE 1/4 NE 1/4 of said Section lk, to the Southeast tosses of said NE 1/4 NE 114; thrACl N1'22'S0"W. 1391.34 feet along the E:at line of raid NE 1/4 NE 1/4 to rn existing brass cap monument larking the corers cv~an to •aid Sections 14, 11, and 12; thence &89'54'39"E. 1412.11 fret along the South line of th• 5W 114 SW 1/4 of said 5ectioa 12 to the Southeast corner o! said 5W 1/4 SW 114, said line also being the South ilea of Vail Village Wrest Filing No. 3. a subdivision recorded under reception mnaber 128787; Chance continuing 589'54'39"E. 1412.11 fact along the South line of the 5E 1/4 SW 1/4 of srid 5action 12 to the South 1/4 Corner of srid Section 12; thsnea N00'42'S0"E. 2574.72 fast along th• North-South canter section lino of said 3actioa 22; ths~nca N84'28'l0"E. 232.00 fact; thence N00.42'S0"E. 187.00 feat, to a point on the Past-Walt crs-ter arctian 1lr:a of said Ssctian 12; thence 589'28'10"W. 231.00 feat along raid Heat-West center ^ection line to the Center of said Sactioa I2; thence continuing 389.28'10"N 921.21 Tart along raid East-West canter section lies to a point vn the Southerly Right-of-Wny line of Interrtata Highrry No. 70; thence N2I'37'31"Ti, 353.42 Pert across said Inurrtata &ighra~ No. 70. to r point on the Northerly Rightrof-Way line of raid Interstate kighray No. 70; Chance the following throe courses along srid Kortherly Right-of-Way, which is also the Southerly boundary of said .Lion`s Ridge Subdivision, Filing No. 2: (1} N52'S0'29"B. 842.74 fast; (2) 1!E4l'31'43"E. 102.00 feat; {3) N52'S0'29"E. 191.45 feat to the Southwest corner of A Ruubdiviaion of Lion's Ridg• Sub- divisioa Block C, a subdivision recorded under rrception number 125309; thane the following three courser along the bnurdary of raid Rasubdivirion of Lion's Ridgy Subdivision Block C: (1) N37'09'31"W. 269.33 fast to a point on the Southerly Rightrof-Way Iin. of Lion'• Ridges Loop; (2) N59'32'O6"E. 1243.30 fast along raid Southerly Right-of--Way lia• to a point o! curvature; (3} an arc distance of 488,67 fppt along a curve to the left, said curve loving s radius of 1%71.95 lest, a eantra.l engl• of 15'48'04", and a chord that boars N51.38'04"E. • distance of 487.12 feet; thence N00.03'25"E. 583.60 feat, sore or Lsas, across Lian'• Ridge Leap sad along the -lrat boundary of Lion's Ridg• Subdivision, • subdivision retarded under reception number 111156, to the point of bag inning, caataining 28,705,040, square feet or ~5a.977 acres, sore or Iris. ~ • RESOLUTION N0. ~~ Series of 1977 A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEi~4ENT BETWEEN THE TOWN OF VAIL AND SKI CLUB VAIL FOR THE TOWN'S USE OF SKI CLUB VAIL PREMISES WHEREAS, Ski Club Vail is constructing premises for its use as off ice space and Club headquarters within the Town of Vail ; WHEREAS, said premises will be located adjacent to certain Town of Vail .recreational facilities; WHEREAS, Ski Club Vail will not require the use of said premises during the summer months; and WHEREAS, the Town Council is of the opinion that use of said premises for office space would be beneficial to the Town's summer recreation programs; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The Town Manager is hereby authorized to execute a Lease Agreement between the Town of Vail and Ski Club Vail for the TOWN'S use of the Ski Club Vail premises. INTRODUCED, READ, APPROVED, AND ADOPTED, this 21st day of June, 1977. ATTEST: 1 Town Clerk ~~ ~~~ i , w A' RESOLUTION NO. ~~ Series of 1977 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A DEED TO MANOR VAIL CONDOMINIUM ASSOCIATION FOR A PARCEL OF PUBLIC PROPERTY UPON CERTAIN CONDITIONS AND RESTRICTIONS, AND DIRECTING THE ACTING TOWN CLERK TO ATTEST TO THE SAME. WHEREAS, the Town of Vail owns certain property designated as a street which runs through the center of the Manor Vail Condominium property; and, WHEREAS, the Manor Vail Condominium Association has proposed to landscape and maintain said property; and WHEREAS, the Town Council is of the opinion that said area should be landscaped and used for public pedestrian access to Gerald R. Ford Park; NOW, T~#EREFORE, it is hereby resolved by the Town Council of the Town of Vail, Colorado that: (1) The conveyance of that public property designated as a street through the Manor Vail Condominium property is hereby approved, provided, however, that said conveyance is conditioned upon the fallowing: (a} Public pedestrian and utility access easement shall be provided across said property. (b) Appropriate signs sha11 be provided by Manor Vail to inform the public that the area is open to the public for access to Gerald R. Ford Park. (c) Landscaping and improvements sha11 be constructed by Manor Vail in accordance with the plans approved by the Council. (d) All signs erected on the property shall be approved by the Design Review Board. (e) The area may not be used by Manor Vail or its successors to determine GRFA. Res. Page 2 4 (f) Manor Vail. has agreed to grant to the Town of Vail an easement adequate for the installation of a sewer line to serve Gerald R. Ford Park, and in addition thereto, has agreed to replace any landscaping previously done by Manor Vail up to the amount of X20,000 that may have been misplaced by the Town's work in installation of that sewer line. (2} The Town Manager is hereby authorized to execute the conveyance of that public property designated as a street through the Manor Vail Condominium property to the Manor Vail Condominium Association, and the Acting Town Clerk is hereby authorized to attest to the same. INTRODUCED, READ, APPROVED, AND ADOPTED, this 21st day of June, 1977. ~~~-_ ATTEST : ~-.'~•~.- ~ r..._~ _.-_.____..._.._~ r, _~_ Act~g Town Clerk ~--,.. .w ~J P~ANOR VAIL STREET VACATION Hearing before the Vail Town Council June 21, 1977 7:30 P.M. . _ TU'~~'~~ 'ill, l" C ..f"b ~,~.f?~~~ ~~~~~.. ~t,l\, j'.~`lii1~ f4} ~S,J~~~~:-. F~1~.f~~ ~l~frs ,. - -,~..„..,.,.,.,-,-.-.-...., r~~ itr~~ Donovan: I disagree. I disagree 1008. T~e.'re ta1~1~ih~ , the dedication of the street to Manor Vail, and I think its an excellent proposal, and I've seen their plans - excellent plans to make a beautiful walkway. At this time - today - we do not know the cost of the line. Kent talks about shoring up 3 or 4 foot wide cut that goes 24 feet deep. Obviously, the cost of shoring up a cut that goes to that depth vs. laying it back could be a substantial amount - and to replace who's landscaping? The landscaping he's going to put on Town property? T~hich is fine. T think he should do it, or on his own property. But at this time I'm not ready to commit to vacating the street when at some date we might want to come right down the middle and lay it back in order to save the Town, and T'm talking hundreds of thousands of dollars, because if anyone in this audience is knowledgeable, they know that when you go 24 feet deep, and you lay it back 50 feet, that you're talking about very expensive building. And if we start ripping out Dick's landscaping, which is on our property which we have bequeathed him tonight, I think we have a very serious problem. As the Attorney outlined, T agree with that - that an agreement can be reached within the next few weeks, and T don't think it should take any Longer than that, that Manor Vail agrees that the cost of replacing this planter box or that planter box, that this can be reached, then I'm all far it. But at this stage to commit the public property to a private individual to landscape and then say that at some later date we may have to rip it up and the public will have to pay for it, I think we're makine~ a serious error. C~rilto: Kent, I have a question. That cut that would have to be 24 feet - for what distance would it have to be at that depth? Rose: That's hard to answer without really looking at it. I think we're probably talking from the Tn]ren over to the bridge, a total of about 400 to 500 feet. That type of sewer put in around here anywhere from maybe $12 to about $15 to $16 a foot. That's assuming a standard cut from about 5 to 8 feet, so we're looking at a 20 foot cut, say for 2/3 of that area. I, just off the tap of my head, can't imagine that it would be more than $40 a foot for the 400 to 500 feet, average, so we're talking maybe in the range of $16,D00 to $20,000 to do that kind of work. Wilto: But it would have to be approximately 20 feet deep for 2/3 that distance? Rose: Yes. I think sa. An average of 20 feet, maybe up to 22, and until you get very close to the bridge, probably 15 or 16 feet and then pretty quick in the last 50 to 75 feet. Elias: May I just add - I think that puts a little better perspective. I was aghast late tonight when T heard $100,000 thrown around. We've relocated electric, gas, telephone Lines far a great many feet of that distance, for $15,000. So, I hate to disae~ree with John Donovan because he, in essence, agrees with ~ ~ ~ MANOR VATL STREET VACATION Page 2/Transcript Elias, cont.: the project, but I think he's overstating the potential liability to the Town. And, if we don't know at this stage in our growth in this Village what it costs to do certain things like that, and~I think the other Councilmen should be aware that I think that's somewhat an exaggerated amount at this point. Donovan: Dick, I'm not sa much worried about cost. I guess I am worried about cost - I worry about when we start tearing out your property that we give you tonight. I worry about who's going to replace that. You may have a fountain; or you may have a very attractive rock wall, planter, and if we determine at that time that we have to go through that, who replaces it? And who's cost to replace it? I think that, unfor- tunately, youu have a deadline of Tuesday or Monday or whatever you mentioned. Unfortunately, these questions haven't been resolved. If we could resolve them before then, T'd be 100. Before I give away the public's property to private enterprise and then have to come back and literally have to buy it back a year or two from now, I would like these questions answered. Elias; T^Tell, unfortunately, I've worked an this for almost 2 years I want the public and the Councilmen to understand there was Donovan: I agree. Elias: And at work session, I wasn't confronted with any problems, and today I found out about it at 400. So, fine, I can on that part of the project. We can sit there with the Anthalz for another 4 years, because what we're trying to do, I'll guarantee you, we can solve those kind of problems later down the road with this agreement. I can't see that with the expertise this Street Department has shown in the Village in 9 years, it's going to run into those kinds of complicated problems. And I've stated that if it's less than 25~ here tonight, which can be further negotiated ~ if it's less than 25~ of that landscaped area that we put in, we will hold you harmless in replacing that landscaping. Donovan: 25~ of what figure? Elias: 25~ of the total Landscaping. Donovan: That's the figure I'm asking - what figure? Elias: It's $80,000. But, if it's 2 years down the road for the replacement of that, it would be 25~ of the land- scaped area, whatever the cast may be dawn the road. And, you know, that's fair. Donavan: That somewhat satisfies my concern that he's willing to foot the cost of replacing his landscaping up to to the tune of $20,000. Staufer: I think that, you know, Dick is right to some extent. This has been negotiated for the last - well, not negotiated, but it has been on the boards for the last 2 or 3 years. Tie all felt that it is a good approach to let private dollars pay for the landscaping that we want over there. Sure, the landscaping will be MANOR VAIL STREET VACATION Page 2/Transcript Staufer, cont.: around Manor Vail, and it doesn't harm them any either, you know. But, we wanted an approach from Golden Peak to Ford Park; we wanted to spend major dollars there. And T remember that at one point we were talking about ~ Town's money there. spending $30,000, $0,000 of the Now, by vacating that street to them, we get $80,000 worth of private money spent there. So, I think it's a very good trade-off there. We're not giving the property away. ~~Te're selling it at 1/2 an acre or 1/4 an acre - whatever it happens to be - at $80,000, and we don't put the landscaping in, you know, which we planned to do. In addition to that, we do have a pedestrian right-of-way through there, and right in the Resolution it says that we shall remain a utility access - we shall remain in possession of a utility access. 5o I don't think. so far we're all right. Now, the concern is if we have $16,000 or $20,000 to put utilities, a sewer, to Ford Park prior to the lst of June, next year. If we want to put utilities into the Ford Park, we better put them in prior to next year, because we've other things planned for over there, and things are going on, and things are happening over there. So I think we have to put the sewer in, and water is over there now, and it just can't be put to all the extensive use we want to put it to unless we do put sewer in there. So I think that if we all agree sewer should be put over there, we'll just have to agree that we ought to do it before the 1st of June next year, then we have no problem. And I think we can overcome that and go ahead and not throw the whole project out because we are not sure one way or another whether we can build a sewer line for $15,000 or $20,000. I don't think we should throw an $80,000 project out and throw it away because of the gamble of whether we will be able to or not be able to put a $16,000 sewer line in by next June. Dobson: Ok, Joe. Are there any other c~~~u~~ents from Council? Are there any comments from the Floor? Then, Larry. you have, I think, two basic recommendations or suggestions as far as Council action is concerned. Would you like to outline them? Maybe you only had one. Rider: I just suggested that there would be an alternative way to do this - approve the Resolution as written, subject to the Town Manager and Town Engineer working out an acceptable agreement with Mr. Elias. The second alterna- tive would be to in fact amend the Resolution to add a subparagraph 1(e) that says the conveyance is subject to the condition that an adequate utility easement be provided across the property as outlined by the Town Engineer. So it's one and the same really except that one you're actually putting in the Resolution, and the other one you're just giving the Town Manager the authority to go out and negotiate that provision. Dobson: OK, then I'd entertain a motion from Council on one or the other of those alternatives. Donovan: I would like to introduce into the Resolution an additional paragraph that says that Manor Vail is in agreement to replace personally destroyed landscaping up to the tune of $20,000. If we destroy their property. . Dobson: Wait a minute. If the work did not take place until after they had installed that landscaping. Does that fallow, Dick? ` ~.. ~ ~ '~ MANOR VAIL STREL'T VACATION Page 4/Transcript Elias: Yes. That's fine. Dobson: OK. Donavan: I make a motion to approve Resolution No. 12 as outlined by the Town Attorney and as modified by myself. Staufer: Second. Ruder: i have a question. Which way would you want it to read, John _ as subparagraph 1(f} or what? Dobson: OK, which ane do you want? Ruder: Do you want to put the things into the Resolution, or do you want to put it that the Tawn Manager and the Town Engineer would negotiate? Donavan: T want it part of the Resolution. Ruder: As subparagraph Z{f}. Dobson: OK, Larry, have you got all those notes? Larry, will you incorporate John's suggestion ane more time in a suggested motion? Rider: 1(f), all right, The motion would be the approval of Resolution No. 12 with the amendment by the addition of paragraph 1(f) that would provide that Manor Vail shall provide to the Town of Vail an easement adequate for the installation of a sewer line to serve Gerald R. Ford Park, and in addition thereto, to agree to replace any landscaping up to the amount of $20,000 misplaced by the Town's work in installation of that sewer line. Dobson: OK. John, is that acceptable? Donovan: That's perfect. Dobson: So, you make that motion, ok? Donavan: So move. Staufer: Second. Dobson: Moved by Mr. Donovan; seconded by Mr. Staufer. Any further c,,,~u~~ents? ~tf not, all those in favor, All: Aye. Dobson: Opposed? {none} Stands approved. finis ~ s~jm R a •! RESOLUTION NO. Series of 19 7 A SECOND RESOLUTION REGARDING THE PROPOSED ANNEXATION OF AN AREA GENERALLY WEST OF THE TOWN OF VAIL, COMMONLY KNOThTN AS WEST VAIL, TO THE TOWN THROUGH AN ANNEXATION ELECTION WHEREAS, at least ten: percent of the qualified electors, who are resident in and landowners of the area proposed to be annexed, described in Exhibit A attached hereto and made a part hereof, which is situated in a county of less than twenty-five thousand inhabitants, filed a Petition for Annexation Election with the Deputy Town Clerk of the Town of Vail, hereinafter referred to as the "Town", on the 7th day of June, 1977; WHEREAS, in a public hearing on the 7th day of June, 1977, the Town Council of the Town considered said election petition and found it to be in substantial compliance with the requirements of Section 3i--12-107(2}, Colorado Revised Statutes 1973, as amended, and enacted Resolution No. 10, Series of 1977, which set a second public hearing on said election petition at the regular meeting of the Town Council on the 19th day of July, 1977, at 7:30 P.M., in the Municipal Building of the Town; and WHEREAS, the Deputy Town Clerk gave notice of the public hearing on said election petition to be held on the 19th day of July, 1977, at 7:30 P.M., in accordance with Section 31-12--1OB(2}, C.R.S. 1973, as amended, received proof of publication of the required notice, and attached the certificate of publication of the newspaper to Resolution No. 10; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) Findings of Fact. On the basis of competent evidence presented in the public hearing on the Petition for Annexation Election on the 19th day of July, 1977, at 7:30 P.M., the Town Council of the Town of Vail, Colorado, finds and determines as follows: Res . I ~; Page 2 {~ (a) At least ane-sixth of the perimeter of the area proposed to be anne~:ed is contiguous with the Town of Vail, Colorado, the annexing municipality; the area proposed to be annexed is described in Exhibit A hereof and shown on the Annexation Plat which is incorporated herein by reference and made a part hereof. (b) A community of interest exists between the territary proposed to be annexed and the annexing muni- cipality; the territory proposed to be annexed is urban or will be urbanized; and the territory proposed to be annexed is integrated or is capable of being integrated with the annexing municipality. (c) In establishing the boundaries of the territory proposed to be annexed there was no division of any par- cel of land therein held in identical ownership. (d) The territory proposed to be annexed does not include an area of land held in identical ownership that consists of twenty acres or more which, together with the buildings and improvements situated thereon, has an assessed valuation in excess of $200,000.00 for ad valorem tax purposes in 1976. (e) No annexation proceeding concerning any part of the territory proposed to be annexed has been com- menced by another municipality. (f) Pursuant to the Petition for Annexation Election which was filed with the annexing municipality, an annexation election is required to determine the matter of the proposed annexation. (2) Conclusions and Determinations. Based on findings of fact set forth in paragraph (2) hereof, the Town Council reaches the conclusions and makes the determinations as follows: i -- ! ~.. Res. ~$ Page 3 (a) The requirements of the applicable parts of Sections 3I-12--10~ and 31-12-105, C.R.S. 1973, as amended, have been met with respect to the proposed annexation. (b) An annexation election without the imposi- tion of additional terms and conditions is required to determine the matter of the proposed annexation under Section 33.-i2-107(2), C.R.S. 1973, as amended. (c) The Town of Vail, Colorado, shall file a petition in the District Court in and for the County of Eagle, State of Colorado, requesting the court to appoint three commissioners to call and hold an annexation election to determine the matter of the proposed annexation in accordance with the Municipal Election Code, and after the election, if the majority of the votes cast is in favor of annexation, to enter an order that the territory proposed to be annexed may be annexed by the Town by ordinance. (3) This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 19th day of July, 1977. tics ~ .,.1 y ~; ATTEST: Town; Jerk ~ ! t.t J ~~'~ ~~ -~ 1 ~ ~~ .~ CERTIFIED RECORb OF PROCEED2NGS OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO RELATING TO A RESOLUTION CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD OCTOBER 4, 1977 • • • STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF V1~ ~ L ) The Town Council of the Town of Vail, Colorado, rnet in regular sessiVn at the Vail. Municipal Buildinc;, the regular meeting, place thereof in said Toy?n, on Tuesday, the 2nd day of August, 19?7, at the hour of 7:30 p.m. The fallo;•Ting members of the To~•m Council were present: John Dobson, Mayor ' John Donovan Bill Heimbach ~'.,---a.....w... . Rad 53.ifer Josef Staufer Bill E~Iil.to The following members of the Town Council were absent: C-3a.~ {~ l~ d N t2 The following persons were also present: Larry Rider, Town Attorney Samntye Meadows, Executive Assistant Thereupon Council Member ~~~-(,1~~~~ introduced and moved the adoption of the following Resolution, which was read by title, sufficient -copies having previousllr been made available tb the Ccunca.l and to tl~.e public --1 • • • RESOLUTION N0. ~ - 77 A RESOLUTION CALLING A SPECIAL h{UNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED QUALIFIED ELECTORS OF THE TOWN OF VATL, COLORADO, THREE QUESTIONS OF ISSUING GENERAL OBLIGATION BONDS OF SAID TOWN IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $2,350,000 FOR THE PURPOSES OF ACQUIRING, CONSTRUCTING, INSTALLING, AND EQUIPPING AN ENCLOSED ICE SKATING ARENA AND MULTI- PURP05E F'RCILITY, ACQUIRING REAL PROPERTY TO BE USED AS A SITE FOR A PROPOSED PUBLIC WORKS MAINTENANCE FACILITY, AND ACQUIRING REAL PROPERTY TO BE USEC AS OPEN SPACE AND/OR RECREATION AND PARK LAND, SAID ELECTION TO BE HELD OCTOBER 4, 1977; DESIGNATING JUDGES AND CLERKS FOR SAID ELECTION; PROVIDING PUBLICATION OF NOTICE OF SAID ELECTION; PRESCRIBING THE FORM OF BALLOT FOR SAID ELECTION; AND OTHERWISE PROVIDING- FOR THE CONDUCT THEREOF. ~2- • • ~ u WHEREAS, the Constitution and laws of the State of Calorada, and the Home Rule Charter of the Tawn of Vail, Colorado ( "the Trim") , authorise the issuance by the '''own of its regotiuble coupon general obligation bonds for the purpose of securing funds to dcfruy the costs of the acquisition .and improver:~ent of real and personal property for municipal and public purposes; and W~:EREAS, the Tovm Council of the Town has determined that it would be in the best interests of the To~;an.and the,inhabituntW thereof to issue general obligation bands of the Town in an aggregate prin-• cipal amount not oxceeding.~2,3~,00a far the purpose of defraying, in whole cr ir. part, the cost of acquiring,. constructing, installing, and equipping an enclosed ice skating arena and multi-purpose facility, acquiring. real property to be used au a site for a proposed public works maintenance facility, and acquiring real property to be used as open space and/or recreation and parr land, ~.s set forth more fu7.ly in the~band quest~ians appearing hereinafter in the forms of Notice of Special A~unicipal Electicn and Ballot hereby prescribed, said bonds to . be payable from general ad. valorem taxes, except as they may actually be paid from other funds available therefor; and WHEREAS, it is fist necessary to submit the Separate questicns ~of issuing such bonds for raid municipal and public purposes to the qualified registered electors of the Town; and NOW, THEREFORE, BE ST. P,ESOLVED BY THE TOE°1N COUNCIL CF THE TCWN CF VAIL, COLOR11p0 THAT: Section l: A Special Municipal.Election shall be held in the Tovm on Tuesday, October ~, x.977, between the hours of 7:00 a.m. and 7:00 p.m, Section 2. At said Special Municipal Election there shall be submitted to a vote of the registered qualified electors of the Tovm ~~G questions of issuing negotiable, interest bearing, general obliga~ion bonds of the Town in the amaunt.s, fox the purposes and with:~n the limitat:~.on: and terms set Earth in the barsd questions appearing licreinaftar. - ~.~ • • • Section 3. No vote, either for or against the questions to be submitted at said Special Municipal Election, shall be received or permitted by the ;udges of election unless the person offering the same shall be a duly registered and qualified elector of the Town. Section ~. Qualified electors whose names do rot appear on the Official Registration List and electors who have changed their addresses may regiwter or change their addresses at the office of the County Clerk and Recorder of Eagle County, Colorado, or at the office of the Town Clerk of the Town, at any time during regular business hours of those offices or. or before Friday, August 26, 1977, in accordance with the Home Rule Charter of the Town and Colorado Municipal Election Code of 1965, as amended. In order to sa inform the electors of the Town, the Town Clerk shall cause a Notice of Registration in the following form to be published in two weekly editions of The Mail Trails a newspaper of general cir- culation in the Town, prior to the closing of the registration books for said Special Municipal Election. _Q_ • • • NOTICE OF REGISTRATION ;PECIAL MUNICYPAL ELECTION TOWr] OF i,7ATT~, COLORADO OCTOBER 4, 1977 NOTICE ZS HEREBY GTVErI that in order ~o vote at the Special Municipal Election to beheld in the Town of Vail, Colorado, on Tuesday, October 4, 1977, one must be a registered qualified elector of the Town of Vail. -Qualified electors whose names do not appear on the Offical Registration List~~or the Town of Vail or who have changed their addressee may register or change their addresses at the office cf the County.Cler}: and Recorder at the Eagle County Courthouse in Eagle, Colorado, or ut the office of the Town Clerk at the Vail Municipal Builda.ng in Vuil, Colorado, during regular business hours ON OR BEFORE FRIDAY,. ALGUCT 2~, 1A77. This Special Municipal Election will be held .for the purpose of submitting to the registered qualified electors of the Town cf Vail three questions of incurring bonded indebtedness in an aggregate prin- cipal amount riot Exceeding $2,30;000 for the purposes of acquiring, constructing, installing, and equipping an enclosed ice skating arena. and multi=purpose facility, acquiring zeal property to be used as a s.ite-£or a proposed public works maintenance facility, and acquiring rea]_ property to be used as open space and/or recreation, and. park land, all as set forth in a Notice of Special Municipal Election to be published in this newspaper on September 16 and 23, 1977. IN WITNESS WHEREOF, the Town Council of the Town of Vail,. Co1o- redo, has caused this notice to be given.; (Town; ) (SEAL) Publish in: The Vail Trail Vail, Colorado /s/ Rosalie Jeffrey To~rrn Clerk Town of Vail, Colorado Publish on: August 12 and 19, 1977 -5- ~- ~ ~,_ .. . .... ., . i - ... Section 5. The registered qualified electors of the Town shall vote at said Special Municipal Election by secret paper ballot, either by submitting an absent voter ballot or by appearing and casta.ng a ballot at the palls. Voting machines will not be used. Said Special Municipal Election shall be conducted in the manner prescribed by law for the conducting of regular elections in the Towr.. Section 5. Registered qualified electors entitled to vote at said election who-meet the requirements of the Colorado Municipal Election, Code of 1965, as amended, who intend to Grote by absent voter ballot, may obtain information and apply far and receive an absent. voter ballot at the office of the Town Clerk in the Vail Municipal Building, Vail, Colorado, at any time during regular business hours on or before Friday, September 30, 1977, by followring the procedures required by said Election Code. Section 7. The Tawn constitutes, and there shall be for purposes of this elution, one election precinct, the boundaries of which shall be the same as those of the Town, and the polling place for which shall be the Vail Municipal Building, Vail, Colorado. The absent voter polling place shall also be the Vail Municipal Building. Section $. The following' registered qualified. electors of the Town are•hereby appointed and shall act as judges and alternate judges and clerks and alternate clerks for said Special ~4unicipal Election: Alternate Judges: 1~.~ r n~~l ~-F~-~vC~ v~ ~ A Clerks- Alternate Clerks: ~C A-7~t-~ ~ t~ a ss i ~ c~ ~ (~iU r~1 f(N DX Said judges and clerks shall receive in furl compensation for their Judges: . ~i~~- ~~_kwr ~ ser~•ices the sum of $40 each. The '"own Clerk is hereby instructed to mail certificates of appointment to such election officials and to maintain a list for public inspection of those so appointed. .< r,. .~ i,_ . . fi -~ ~ • • Section 9. The Tawn C1.erk is hereby instructed to publish a Notice of Special. Municipal Election in two weekly editions of The Vail Trail, a newspaper of general circulation in the Town, at least ten days before said election, provided that the latter of said editions shall be the next to the last issue of tiaid newspaper before sa~.d election, Tree Tcwn Clerk a.s further instructed to post a copy of said notice at the polling place at least ten days before said election. Said Notice oy Special Municipal .Election shall be in substantially the following form: W~~ • • • NOTICE OF SPECIAr• MUT?ZCTPAL ELECTION TOWN OF VAIL, COLORADO OCTOBER ~, 1977 NOTICE T5 HEREBY GIVEN that at a Special Municipal Election to be held at the Vail Municipal Building, '~7ail, Colorado, on Tuesday, the 4th day of October, 19??, bet~~een the hours c.f ?:00 a.m. and 7:00 p.m, there will be submitted to the registered qualified electors of the Town of Vail, Colorado, the following questions: 1. Ice Skating Arena/Multi-purpose Facility Bonds, Question Submitted: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing ger_eral obligation bonds in one series or more in an aggregate principal amount not to exceed $1,$00,000, or so much thereof as may be necessary, for the purpose of defraying, in whole or in part, the cast of acquiring, constructing, installing and equipping an enclosed ice skating arena and multi-purpose facility suit- able for conventions, concerts, exhibitions and trade shows, together with all .necessary incidental and appurtenant properties, structures, facilities and costs, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annu~'n, and to mature serially during a period of not :!lore than 30 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes and other funds legally available therefor, and such bands to be sold and issued at one time or from time to timer in such alanner and amounts and upon such terms and conditions as t!:e Tcwn Council may later determine, including provisions for the redemption of bonds prior to maturity upon payment of a premium not exceeding 3 percent of the principal thereof?" 2. Public Works Maintenance Facility Site Acquisition Bonds, Question Submitted: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing general obligation bonds in one series or more in an aggregate principal amount not to exceed $350,000, or so much thereof as may be nece s- sary, for the purpose of defraying, in whole or in part, the cost of acquiring a parcel of real property, known as the Pulls property to be used as a site-fora proposed public works maintenance facility, together with all neces- sary incidental and appurtenant properties, facilities, and casts, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 30 years from the date ar respective dates of the bonds, such bonds to be payable from general ad valorem taxes and other funds legally available therefor, and such bonds to be sold and issued at one time or from time to time, in s~ach manner and amo~:nts and upon such terms and conditions as the Town Council may later determine, including provisions far the redemption of bonds prior to maturity upon payment of a premium not exceeding 3 percent of the principal thereof?" -g- • • • 3. Open Space ~cquisitian Banda, Question Submitted: "Shall the Ta~•rn of Vail, Colorado, be authorized to issue its negotiable, interest bewaring general obligation bonds in.ore series or more in an aggregate principal amount nat.to exceed $2~O,Q04., or sa much thereaf as may be necessary, for the puarpose of defraying, in whole ar in part, the cost of acquiring a parcel of real property, known as King Arthur's Court, to be used as ,open space and/o r. recreation and park land, together with a~.l, nece:~sary incidental and appurtenant propcr.ties and facilities, and the' casts incidental thEreto, such bond to bear interest at a maximum not effecti*.re interest rate nat exceeding l0 percent per annum, and to mature serially during a period of'not more than. 30 years from the date ox respective dates of the bands, such bands to be payable from general aG va~..orem .taxes and other funds l4gally available therefor, and such bands to be sold and issued at ore time or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may later determine, including provisions for the redemption. a.f bonds prior to maturity upon payment of a premium.nat exceeding 3 percent of the principal thereof?" 8A- • • • Those persons who are citizens of the United States, eighteen (18) years of age or older, who have been residents of the State of Colorado for 32 days next preceding the election and residents of the Town of Vail, Colorado, for 32 days next preceding the election and who have been duly registered in the Town of Vail shall be entitled to vote at said Special Municipal Election. Those electors who are otherwise fully qualified to vote on said questions at said Special Municipal Election, but who shall be absent from the Town on the day of said election, or who by reason of their work ar the nature of their employment are likely to be absent and fear that they will be absent from the Town on the day of said election, or who because of serious illness ar physical disability, or who for reasons based upon the doctrines of an established religion, shall be unable to attend the polls, may apply in writing at the office of the Town Clerk of Vail, Colorado, at the Vail Municipal Building, Vail, Colorado, for absent voter ballots at. any tine daring regular business hours an or before Friday, September 30, 1977. There will be only ore election precinct for said Special Muni-- cipal Election, the boundaries of which shall be the same as those of the Toi~~n and the palling place fer which shall be the Vail Municipal Building, Vail, Colorado. The absent voter polling place shall also be the Vail Municipal Building. The votes cast shall be recorded on paper ballots, and said election shall be held and conducted, the returns thereof canvassed, and the results thereof declared, in the manner prescribed by law for municipal elections. IN WITNESS Th'HEREOF, the Tewn Council has GauSEd this notice to be given. /s/' ~?osalie Jeffrey Town Clerk Town of Vail, Colorado (TOWN } (SEAL} Publish in; The Vail Trail Publish on: September 1& and September 23 -9- ~ • • Section 10. Ballots to be used in toting upor_ the questions to be submitted at said Special T+iuni.cipal Election shall be pre- pared and furnished by the Town Clerk to the judges of election, to be by them furnished to the registered qualified electors. Sa~.d ballots shall be in substantially the follo:~ying form: -~.a- • ~ • No. STUB No. DUPLICATE STUB OFFICIAL BALLOT TOWN OF VAIL SPECIAL MUT?ICIPAZ: ELECTION STATE OF C©?~©RP_DO ~cTOBER 4, 1977 (Each elector desirous of voting FOR or AGAINST any of the follow- ing questions shall designate his or her choice witY! respect there- to by placing a cross [x~ in the square .opposite the ward or wards° expressi ng such choice. ) 1. ICE SKZ}.TING ARENA/MULTI-PURPOSE ~'ACTLITY BONDS, QUESTTOP? SUBMI'T'TED "Shall the Towr. of Vail, Colorado, be authorized to issue its negotiable, interest bearing general obligation bonc7.s in one series or mere iy~ ar. aggregate principal amount not to exceed $1,800,000, or sa much thereof as mays be necessary, for the purpose of defravinq, ir. whole or in part, the cost of acquiring, constructing, installing and equipping an enclosed ice skating arena anc~ multi.-- purpose facility suitable for conventions, concerts, ex- hibitions and trade shows, together with all necessary incidental and appurtenant properties, structures, facilities aril costs, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 30 years fx'om the date or res- pective dates of the bonds, such bonds t.o be payable from general ad valorem taxes and other funds legally available therefor, and such bends to be sold and issued at ore tame or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may ~.ater deter~r,ine, including provisions for the recemption of bonds prior to maturity upon pay- r,:ent of a premi~~.m not excePdir?g 3 percent of the principal thereof?" FOR THE BorrDs AGAINST THE BONDS -11-- • ~ • 2. PUBLIC WORKS MAINTENANCE I'ACTLITY SITE ACQL~TSTTION BONDS, QUESTIOI`7 SUBMITTED: "Shah. tl:e Town of Vail, Colorado, be authorized to' issue its negotiable, interest bearing general obligation bonds in one series or more in an aggregate principal amount not to exceed $350,400, or :~o much thereof 'as may be necessary, for the purpose of defraying, in whole or in part, the cost of acquiring a parcel of real property, knov,n as the Pulis property to be used as a site for a proposed public works maintonanc~e facility, together with all-necessary incidental and appurtenant properties, facili- ties, aid costs, such bonds to bear interest at a maximum net effective interest rate not exceeding la percent per annum, and to mature serially during a period of not more than 34 years from .the date or respective dates of the bonds, such bonds to be~ payable from genera. ad valcrem tares and other f~:nds legally available therefor, and such bands to be sold and issued at one timE or frog, time to time, in such manner and amounts and upon such terms and conditions as the Tcwn Council may later deter- ~mine, including provisions for the redemption of bands prior to maturity upon payment of a premium not exceeding 3 percent of the principal thereof?" FOR THE BONDS AGAINST THE BONDS 3. OPEN SPACE ACQUISITION BANDS, QUESTrON SUBMITTED: "Shall the Town of Vail, Colorado, be authorized to issue its ncgotia•ble, interest bearing general obligation bands in one series or more in an aggregate principal amount not to exceed $2@0,000, or so much thereof as may be necessary, for the purpose of defraying, in vahol.e or in part, the cost of acquiring a parcel of real. property, known as Kirg Arthur's Court, to be uued as open space and/or recreation and park land; together with all necessary incidental and appurtenant properties and facilities, and the costs ir~ci.dental thereto, such bond to bear interest at a maximurz net effective interest rate not exceeding 14 percent per annum, and to mature aerially during a period bf not.more than 30 years from the .date or respective dates cf the bands, such bonds to be payable from general ad valorem taxes and other funds legally available therefor, and such bonds to be sold and issued at one time or from time.to time, in. such manner and amounts and upon such terms and conditions as the Town Council may later determine, including previsions far the redemption of bonds-prior to maturity upon payment~of a premium not exceeding 3 percent of .thE principal thereof?" FOR THE BONDS AGAINST THL BONDS -12-- `i • (to be endorsed on back of Ballot) QFFICIAL BALLOT FOR SPECIAL MUNICIPAL ELECTION HELD IN THE TOWN OF VAIL, COLORADO, ON OCTOBER 4, 1.977. {Facsimile Signature) Town Clerk Town of Vail, Colorado -13- • • • Section. 11. The votes cast at said Specia3_ Municipal Election shall be canvassed, the returns thereof made, and the results thereof declared in the manner provided by law for the canvass, return and declaration of the result of votes cast at regular municipal elections for the Town. Section 12. The Town Clerk is hereby authorized and directed to perform all acts as are or may be necessary to comply with the applicable provisions of the federal Voting Rights Act Amendments of 1975, including the provision of all registration and voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, in both the English and Spanish languages. Section 13. if a majority of all the votes cast on ~ r bond question set forth hereinbefore to be submitted at said election shall be in favor if issuing the bonds far the purposes stated in said questions, it shall then be lawful for the Tawn Council to authorize the proper. officers of the Town to proceed to issue the negotiable coupon general obligation bonds of the Town, in accordance with the proposal so approved at the election. The authority to~issue any or ail of the bonds designated in the bond questions, if conferred at the election by the registered qualified electors authorized to vote therein, shall be deemed and considered a continuing authority to issue and deliver the bonds so authorized at one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority si conferred by the electors voting in favor of said bond questions. Section 14. ~ All ac.tiors, not inconsistent ~r.ith the pra- visions of this Resolutio», heretofore taken by the officers of the Tawn, whether elected or appointed, directed toward holding tha Special Municipal Election are hereby ratified, approved and confirmed. -14- s • • Section 15. .All resolutions, or parts thereof, in conflict vritr this resolution are hereby repealed, except that this re- pealer shall not be constr~aed to nevi*~e any resolution, or part thereof, heretofore repealed. Section 16. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the re- maining sections, paragraphs, clauses or provisions of this Resolu- tion. Section 17. This Resolution shall take effect iTM~.mediately upon its adoption. RESOLUTION ADOPTED AND AP'PRO~TED this 2nd dal of August, 1977. 'T'OWN OF t~Alh, CO 0_ DO ~. {TOWN) (SEAL) ATTES Town C erk Town of ~,7ail, Cc o~ado I --15- • • • Counca.l Member ~i7.t/1~..- seconded the I?ioti onY and the question being upon the adoption of said Resolution, the roll was called with the following res=alt: Those voting "Yes": Council Members: Jahn Dobson, Mayor John Donovan dill Heimbach F+~~ ~ Rod Slifer Josef Staufer Bill T^?ilto Those votinc* "No": ~,~~ members of the Council present having voted in favor or the 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 adjou ned. _~. _ or o~~m of Vail, Colorado (TOWN} (SEAL} ATTEST: ~~`,~ Town Clerk Town of Vail, C~~ora~o _lh.~ `• • • STATE OF COLORADO ) COUNTY OF EAGLE ~ ) ss. TOWN OF VAIL ) Z, Sammye Meadows, Executive Assistant, Town of Vail, Eagle County, Colorado ,, /do hereby certify that the attached copy of Resolution No. ~~` -77 calling a upecial Municipal Election to be held in the To~an or. October 4, 19?7, is a true and correct copy of said Resolution as adopted by the Tawn Council at a regular meeting thereof held at the Vail Municipal Building, Vail, Colo- rado, the regular meeting place of the Tawn Council in the Town, on Tuesday, the 2nd day of August, 1977; that .a true copy of said Resolution has been duly executed and authenticated by the sig- natures of the Mayor of the Town of Vail and the Town Clerk of the Town, sealed with the seal of the Town; and recorded in the official records of the Town; that the foregoing pages numbered I through 16, inclusive, constitutE a true and correct copy of the record of the proceedings of the Town Council at said regular meeting insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken; that said meeting was duly held; and that the persar.s were present at said meeting as therein shown, IN WITNESS WREREOF, I have hereunto set my hand and the seal of the Town of Vail, Colorado, this ~1~[,l.~ c?ay of August, ?_977. Executiv~ssistant Town of Vail, Colorado {TOWN) (SEAL) -1?- • ~ ~'~ ~~ CERTIFIED RECORD OF PROCEEDINGS OF THE TOWN COUTdCTL OF THE TOWN OF VAIL, COLORADO RELATING TO A RESOLUTION RELATING TO A PARTIAL REDEMPTION OF IT5 TOWN OF VAIL, COLORADO STREET IMPROVEMENT DISTRICT N0. 1 LOCAL IMPROVEMENT BONDS, SERIES OCTOBER ]., 1976 .. STAVE OF COLORADO ) COUNTY OF EAGLE } ss. } TOWN 0~' VAI L 1 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 16th day of August, 1977, at the hour of 7:30 p.m. The following members of the Tocvn Council were present: ~Tohn Dobson, Mayor John Donovan Eill Heimbach $~b ~su~ Rod Slifer Josef Staufer The following members of the Town Council were absent: fob RuD~R QiLL iiUILTO The following persons were also present: Larry Rider, Town Attorney Sammye Meado~n*s, Executive Assistant Thereupon Council Member b~N~ U ~ti{ introduced and moved the adoption of the following Resolution, which was read by title, sufficient copies having previously been made available to the Council and to the public: _1_ • RESOLUTION NO. ~~ -77 ~~ 3 ~' '1~ A RESOLUTION EXERCISING THE OPTION AND OBLIGATION OF THE TOWN COUNCIL TO REDEEM CERTAIN OF IT5 TOWN OF VAIL, COLORADO, STREET IMPROVEMENT DISTRICT NOM LOCAL IM- PROVEMENT BONDS, SERIES OCTOBER ~, 1976, PRIOR TO MATURTTX, AND AUTHORIZING THE MAILING AND PUBLICATION OF NOTICE THEREOF. ''~ -2- • WHEREAS, pursuant to Ordinance No. 27-76 the Town Council has heretofore issued, sold and delivered its Town of Vail, Colorado, Street Improvement District No. 1, Local Improvement Bonds, Series actober 1,_1976, dated October 1, 1976, an the principal amount of $540,000 ("the Bonds"); and WHEREAS, Section 6 of said Ordinance provides 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" ("the Bond.F'und") sufficient funds exceeding six months' interest on the unpaid balance of the bonds issued and autstanding~tlze Town Council must exercise its option to redeem the bonds of the issue in regular numerical order to the extent possible at a price equal to the principal amount of each bond so redeemed plus accrued interest thereon to the redemption date; and WHEREAS, the Tawn Council hereby finds that there exists in the Bond Fund the sum of $ 85,000.00 exceeding six months' in- terest on the unpaid balance of the Bands issued and outstanding, said sum being sufficient to redeem l7 of the Bonds, in the denomination of $5,000 each, aggregating $85,000.00 in principal amount. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN CO.UNCZL OF THE TOW-N OF VATL, COLORADO THAT: 5e~ction 1. The Town Council hereby finds that there exists in the Bond Fund the sum of $ 85,000.00 exceeding six months' interest on the unpaid balance of the Bonds issued and outstanding, said sum being sufficient to redeem 17 of the Bonds, in the denomination of $5,000 each, aggregating $ 85,000,00 in principal amount. Section 2. The Town Council hereby exercises its option to redeem these Bonds numbered 1 to l7 , in the denomination of $5,000 each, aggregating $ 85,000.00 in principal amount, prior to their maturity date, an October 1, 1977, at a redemption price consisting of the principal amount of each Band so redeemed plus accrued in- terest thereon to the redemption date, payable at United Bank of Denver National Association, Denver, Colorado, as provided mare fully in the form at notice hereinafter prescribed. -3- • ~ •~ ` Section 3. The Town Clerk shall. cause a Notice of Partial Redemption in the following form to be published a.t least once in The Vail Trail and sent by first-class postage prepaid mail to the holder pf each of the Bonds being redeemed, i~ the names and addresses of such holders have been recorded with the Town Clerk, at least thirty (30) days prior to the redemption date: -4- i ! ~~ (Form of Notice) NOTICE OF PARTIAL REDEMFTION OF TOWN OF VAIL, COLORADO STREET IMPROVEMENT DISTRICT N0. 1 LOCAL IMPROVEMENT BONDS, SERIES OCTOBER 1, 1976 NOTICE IS HEREBX GIVEN that the Town Council of the Town of Vail, Colorado, has exercised its option to redeem bonds numbered 1 to 17 of the above-designated issue, in the denomination of $5,000 each, aggregating $ 85,000.00 in principal amount, prior to their maturity date, on October 1, 1977, at a redemptian price con- sisting of the principal amount of each bond so redeemed plus ac- crued interest thereon to said redemptian date. On said redemption date there will become due and payable in lawful money of the United States of America, without deduction for exchange or collection charges, for each of the above-designated bonds of the above-designated series, at United Bank of Denver National Association, Denver, Colorado, the principal amount of each such bond plus accrued interest thereon to said redemption date, and from and after said redemption date interest thereon will cease to accrue. Each such bond will be redeemed on or after said redemp- Lion date upon presentation and surrender of such bond, accompanied by all of its coupons for interest maturing after said date, by the payment of the principal amount thereof. Any coupons appurtenant to such bands for interest payable on or before the designated . redemption date may be attached to such bond for the payment of accrued interest to said redemption date with the payment of such principal, or such coupons, if detached. from any such bond by its holder, may be presented separately for payment in the usual course. DATED at Vail, Colorado, this 26th day of August, 1977. TOWN OF VAIL, COLORADO /s/ Rosalie Jeffrey {TOWN) Town Clerk (SEAL) Publish in: The Vail Trail Publish on: August. 26, 197'1 -5- _ 1 ~ ,i -- Section 4. All actions, not inconsistent with the provisions of this Resolution, heretfore taken by the officers of the Town, whether elected or appointed, directed toward the redemption of. the Bonds as hereinbefore provided are hereby ratified, approved and confirmed. Section 5. All resolutions, or parts thereof, in conflict with this resolution are hereby repealed, except that this repealer shall not be construed to revive any resolution, or part thereof, heretofore repealed. Section 6. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid ar unenforceable, the ~.nvalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution. Section 7. This Resolution shall take effect immediately upon its adoption. RESOLUTION ADOPTED AND APPROVED this 16th day of August, 1977. TOWN 0~' VAIL, COLORADO (TOWN} (SEAL) ATTEST: l `~~'~ Town ~G1erk /' j Town of Vail, olarado J -- b - i • • Council Member ~t~u -f=~~2 seconded the motion, and the question being upon the adoption of said. Resolution, the roll was called with the following result: Those voting "Yes": . Council Members: John Dobson, Mayor John Donovan Bill Heimbach F ~ ,r Rod Slifer Josef 5taufer Those voting "No": ~LL~{members of the Council present having voted in favor or the 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 adjo reed. ~~ Yor tern of. Vail, Colorado (TowN ) (SEAL} ATTES r /rf+ V ' ,f . Town clerk vl Town of Vail, olorado ' -7- .~ STATE OF COLORADO ) COUNTY OF VATL ) ss. TOWN OF VATL ) T, Sammye Meadows, Executive Assistant, Town of Vail, Eagle County, Colorado, do hereby certify that the attached copy of Resolution No. ~~ w'77 relating to a partial redemption of Town of Vail, Colorado, Street Improvement District No. 1, Local Improvement Bands, Series October 1, 1976, is a true and correct copy .of said Resolution as adopted by the Town Council at a regular meeting thereof held at the Vail Municipal Building, Vail, Colorado, the regular meeting place of the Town Council in the Tawn, an Tuesday, the 16th day of August, 1977; 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 the Tocan Clerk of the Town, sealed with the seal of the Town, ahd recorded in the officio]. records of the Town; that the foregoing pages numbered 1 through 7, inclusive, constitute a true and correct copy of the record of the proceedings of the Town Council at said regular meeting insofar as said proceedings relate to said Resolution; that said proceedings were duly had and taken; that said meeting was duly held; and that the person were present at said meeting therein shown. TN LJTTNESS WHEREOF, T have hereunto set my band and the seal of the Town of Vail, Colorado, this f(ylZt, day of August, 1.977. Executive assistant Town of Vail, Colorado {TOWN) (SEAL) -$- STATE OF COLORADO ) , COUNTY OF EAGLE ) ss, TOWN OF VAIL ) ~ `" . ICS I, Ra~~~:; ~.y, Town Clerk, Town of Vail, Eagle County, Colorado, do hereby certify that I caused a Notice of Partial Re- demption in substantially the form set forth herein at page 5 to be published in The Vail Trail in its issue, of August 26, 1977, as evidenced by the affidavit of publication attached hereto at page i0, and to be sent by first-class postage prepaid mail on August 1977, to the holders of each of the bonds being redeemed whose names and addresses had been recorded in my office, which names and addresses are listed herein at page 11. 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O ~` ~ '~ o ~ ~ 3 ca ~ (~ ~ m~a,'~~~o ' C ~ ~ $ i U I~ r- ai 'Q d ,L~ •~.., ~.., .,,,a ,.„ ~ ?~ y ca ~ d ~' ~ ~ ~ ~" 7' .~ Q,' C r i) ^ ~ C a E ~ ~ sue. ~ Q+ .~ ~ ~ ~ ~ a a~ ~y S o ~ ~ 0 ~~~ ~ ~ p ~w ~ 3 4: ~ ~ ~ aro ~ ~ '~ ~ ~ _ O ~ +., ° W ~ ~ y~ G~i Q W ~ ~ ~o~ ~ ~ w ~ ~ ' ~ ~ C b O ~ ~ E-~ e v i fl C 0 ~ a ~ ~ ~ ~ V .~ ~. Z.d G ~o~~`~~y ~ ~ ~ y o N 4 ~ ~ C w Q ioro,~~ ~ R a~ ~v ~ ~ o . °' o ~ ;~ ~ ~~~~~„o p 'G 4G ~~ ,' ~ M m ~ '~: a C W H E-+ , tw .~ a~ ~ 'G .,~ ~ ~ ~~~a'~ s .~ C ~ ~ a L o ~, ~ ~ ~ '~ O C d ~ O C/1 U r-i •~•~ C CL C1 f~ ~ s7 +.+ I-, N .p "" y O b ~ ~' ~d a ~a 4w 0 d d c 3 ~' u A C '~ o 0 ;n d ~.a b R ~1 o A ~ ~ 6i Y d a~ m Q 3 3 C r-i .~ ,a a ~ ~~ A to ~' ~ I z ~ ~"' a o C ~' 'n ~~„ r w O w M y 0 o .~ •~ a C% U] ~I A '~ .~ C~ d a .y .~ 0 U ~~ U ;mA 'T`~ ~~ EAGLE ~ ~ C'~~~ Q~ VATS' ~ ~~ ~~ YsQ~~hQ~~~xs . Tp~II3 ~At~a~n ~~. (mot /~ ~~~ z,~ C RESOLUTION NO. f~ Series of 1977 A RESOLUTION EXPRESSING SUPPORT FOR THE STUDY OF CERTAIN AREAS TN THE HOLY CROSS RANGER DISTRICT FOR POSSIBLE DESIGNATION AS WILDERNESS OR BACKCOUNTRY AREAS WHEREAS, there are .certain areas within the Haly Cross Ranger District presently under the jurisdiction of the United States Forest Service that would appear to qualify for specific use designation; WHEREAS, certain specified areas should he studied further to protect them for the public's use and enjoyment; and WHEREAS, the Tawn Council wishes to publicly state its support for further study of the Forest Service lands within the Holy Cross Ranger District; NOW, THEREFORE, BE IT RESOLVED BY THE TOL•VN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT. {1) The Town Council is of the belief that certain areas within the Holy Cross Ranger District meet the qualifica- tions as Wilderness or Backcountry areas and that further study needs to be done to determine if such designations should be made. (2) The Town Council urges the study of the areas shown on the attached map, marked as Exhibit "A", for passible designations as follows: (a} Holy Cross, Wr - Wilderness {b) Wrl, Wr2, and Wr3 - Wilderness {c) Two Elk, Ws - Backcountry (d) XC - Wilderness {e) XP, XC-1, X~, XC-2 - Wilderness (f} Wsl and Ws2 - Backcountry INTRODUCED, READ, APPROVED. AND ADOPTED, this 6th day of September, 1977. :fi4a~or ATTEST ;/~ /" . f / ~J_ ~ GG~1l ~`~ ~ ~~~ ~~ Town Clerk ~ ~~ RESOLUTION NO. 1 Series of 1977 A RESOLUTION DF THE INTENTIOPI OF THE TOWN COUNCIL TO ESTABLISH PEDESTRIAN MALLS ON BRIDGE STREET, GORE CREEK DRIVE FROM WILLOW ~3RIDGE ROAD TO THE VAIL TOWNHOUSES, EAST MEADOW DRIVE FROM GORE CREEK ROAD TO VAIL ROAD (WITH THE EXCEPTION OF THE INTERSECTION • OF EAST MEADOW^f DRIVE AND WILLOW BRIDGE ROAD AND THAT PORTION OF EAST MEADOW DRIVE ADJACENT TO THE CROSSROADS SHOPPING CENTER) , AND ~iANSON RANCH ROAD FROM THE MILL CREEK COURT BUILDING CHUTE TO BRIDGE STREET, IN THE TOT~TN OF VAIL, COLORADO; MAKING THE DETERMINATIONS RE~UTRED BY LAW; DIRECTING THAT NOTICE BE GIVEN; AND SETTING FORTH DETAILS IN RELATION THERETO T~THEREAS, the Planning Commission, Town Staff and the citizens advisory committee have recommended that the Town Council move forward with the steps required to establish certain mall areas under the 1970 Public Mall Act, and the Council agrees with the recommendation and is of the view that action should be taken thereon; NOL~], THEREFORE , BE TT RESOLVED BY THE TOLr1N COUNCIL DF THE TOWN OF VAIL, COLOPADO, THAT: (1) The general description of the streets and public ways proposed to be established as pedestrian malls are: (a) Gore Creek Drive from T,~Tillow Bridge Road to the west end of the Vail Townhouses; (b) East Meadow Drive from Gore Creek Road to Vail Road (with the exception of the intersection of East Meadow Drive and Willow Bridge Road and that portion of East Meadow Drive adjacent to and south of Crossroads Shopping Center); (c) Bridge Street; and (d) Hanson Ranch Road from the Ma11 Creek Court Building Chute to Bridge Street, all within the Town of Vaal, Colorado. 0 R~ Page 2 , (2) The intersections of East Meadow Drive and Bridge Street, Bridge Street and Hanson Ranch Road, and Bridge Street and Gore Creek Drive will be part of the pedestrian mall areas. (3} The details of the mall areas and the included intersections can be ascertained by inquiry made at the office of the Town Clerk, Town of Vail Municipal Building, Vail, Colo- rado, where a diagram and map is available for public inspection during regular business hours. (4) The Town Council intends that the pedestrian mall areas would be for the principal use of pedestrians and bicycle traffic, and motor vehicular traffic would be prohibited with the following exceptions: (a} East Meadow Mall, west of Gdillow Bridge Road : ' (1} Public transportation vehicles operated by the Tawn; (2} Emergency vehicles; and (3) Repair or maintenance vehicles author- ized by the Town. (b} East P~eadow Mall, east of Willow Bridge Road: (1) Public transportation vehicles operated by the Town; (2) Emergency vehicles; (3} Repair or maintenance vehicles author- ized by the Town; and (4) Local traffic to the Vail Athletic Club, Mountain Haus and Wedel Inn. (c) Bridge Street, Gore Creek Drive and Hanson Ranch Raad: (1} Public transportation vehicles operated by the Town; (2) Emergency vehicles; • ' ORD . Page 3 (3) Repair or maintenance vehicles author- ized by the Town; (4) Commercial vehicles entering the ma11 when necessary for the purpose of making deli- veries or providing services for properties fronting on the mall to which there is no other reasonable means of access; {5) Private vehicles entering the mall when necessary for the purpose of checking in or out of any hotel, pension or lodging estab- lishment, picking up or delivering goods from or to establishments on the mall, or going to a private parking space of the operator of the vehicle when there is no other reasonable means of access; {6} Private vehicles entering the mall when necessary for the purpose of going to or from the property or business fronting on the mall of the operator of the vehicle when there is no other reasonable means of access; and {7} The direction of travel will be limited to one way in certain portions, and parking on the streets or public ways will be limited to certain areas and for specified times. During the public hearings, the Town Council will entertain comments on the above exceptions as to all or parts of the pedestrian ma11s, and the Council will consider all sugges- tions and comments as to exceptions to the vehicle limitations in order to provide reasonable alternative access to the proper- ties fronting on the malls and to protect the public interest. (5) The money which will be used to pay damages, if any, allowed or awarded to any property owner by reason of the establishment of the pedestrian mall wi11 come from the Tocan's General Fund, and will be paid at the time of the recognition of • OR~ Paae 4 the claim by the Town Council ar be paid at another time in accordance with the requirements of law, The amount paid may later be assessed or charged against owners of property bane-~ fiting from the establishment of the malls in whole or in part when such areas, ar portions thereof, have been included in a general or special improvement district. (6 } Any person o~uaning ar having anir legal or equi-- table interest in any real property which might suffer legal damage by reason of the establishment of the proposed pedestrian mall, or any portion thereof, must file a written claim therefor in order for any such damages to be considered or allowed. Such must be filed with the Town Clerk at any time prior to the first reading of the ordinance establishing the pedestrian mall. Such first reading may occur on December 20,1977, or within 1$0 days thereafter. [lnless a written claim is made on or before the first reading of the ordinance establishing the pedestrian mall, it may be late and, if late, will not be considered as it cannot be allowed. Poore details on the particulars of the information which must be included on the claim and other rights of property owners are contained in Article 25 of Chapter 31, Colorado Revised Statutes {1973, as amended in 1975). (7) The public hearing and consideration of the estab- lishment of the malls in those areas described in Section {1} above (or any part or portion thereof) shall be held on December 20,1977, at 7:30 o'clock P.M., before the Town Council in the Council Chambers, Municipal Building, Vail, Colorado. At such time and place a public hearing shall be held, and oral and written presentations will be heard and considered from abutting property owners and the public at large in favor of, or opposing, object- ing to, or protesting the establishment of the pedestrian mails. {8) A copy of this resolution shall be published, posted, mailed and recorded by the Town Clerk, all as required by C.R.S. 31-25-405 (1973, as amended in 1975}. .' ~ ~ . ~~ ~ ORD. Page 5 {9) It is not anticipated that the mall areas will be improved at this time. If improvements are made at this time, the Town Council may determine to pay such costs. Improvements may be made in the future and the method of payment therefor will be determined at the time the improvements are reviewed and approved by the Town Council in accordance with the Statutes of the State of Colorado and the Charter of the Town of Vail. {10) The Town Council at this time determines that the public interest and convenience require the establishment of pedestrian ma11s on the streets as set forth above in Section (1) {or any part or portion or portions thereof), and vehicular traffic will not be unduly inconvenienced thereby, and it is the intention of the Town Council to undertake the necessary proceed- ings to establish such pedestrian malls. (ll) Any question concerning the proceedings to be held, the applicable law, or any other information herein con- tamed should be referred to the Town Attorney, 476-5613, during normal working hours. INTRODUCED, READ, APPROVED AND ADOPTED, this 20th day of September, 1977. ATTEST: i,~ ~~ ~A~ ~ ayo r r~./ ~ ~ / ,C!/1~ To n Cler 31.2s-aos Government -Municipal . ~~~~ •:1 objecting to, or protesting the proposed pedestrian mall will be cons}derr: ,t mail area if, in fiaci, by the governing body at the public hearing. ~ .,sod (h) A sttztcment that any person owning or having any legal or equity • interest in any real property which might suffer legal damage by reason the establishment of the proposed pedestrian mall shall file a written cla~ of damages, if any damages are to be considered or allowed, with the clt at anyftime prior to the first reading of the ordinance establishing the ped Irian gall. . (2) ~ in such resolution any street may be described by reference there by }ts.lawfu! or official name or the Warne by which it is commonly kna~r and the pedestrian mall, the rnal# intersections, and the intersecting strec may be described by reference to a map or plat thereof an file in the offi of the clerk in order that the description is sufficient for one to ascerr which streets and parts of streets are in fact within the proposed mall. (3} If the gaverning body intends, at any lime "in the future, thrau appropriate action, to levy assessments vn lands benefited by the estah#i~ meat of the mall to help pay the compensation or damages allowed to pru erty awners, a statement to such effect shall be included in the resolution. (4) If the governing body, in connection with the initial establishment a pedestrian mail, proposes improvements and a method far paying for t same, the resolution shall also contain statements to satisfy the requireme of applicable law for special assessment districts, improvement districts. other governmental bodies or agencies or private nonprofit corporations lected to accomplish and pay for the improvements. (5) If the gavernin,; body foresees improvements being made to the peels trian mall in the future, a statement shall be included as to how the governi body anticipates the same shall be accomp#ished and paid far. Source: Repealed and reenacted, ~,. 7S, p. 1183, § 1. 31.25-445. Notice and hearing. (1) The resolution of intention shall published in a newspaper of genera# circulation. published within the co+.+n ar municipality as the rase may be, It shad be published three times; C)n less than seventy-five days but more than sixty days prior to the date the hearing; once less than foray-five days but more than thirty days rri to the date of the hearing; and ante Less than fifteen days but more t}~, ten days prior to the date of the hearing. In a manic+hality where na su newspaper is published, the restitution zhalI instead be r9 published i~ newspaper of general circulation published }n the caunty in which the mur~. polity is located. t2} Copies of the resalutian sha#1 be prepared for posting and fir t'. purpose shall be headed "Notice of Intention to Establish a Pedestria;~ At=+i` the heading to be in letters at least one-half inch in height. Such copies ~-}. be posted not less than sixty days prior to the hearing, and good ,faith effr' shall be made to ma}main the pasted copies in existence to the hearing d•~.` These copies of the resolution shall be pasted approximately three hun~'r~ feet apart, located as faf#ows; (a) On ar near ail municipal streets or portions thereof proposed t<~ ' established as a pedestrian mall; (h} On ail intersecting streets, (c; C}n all streets that are proposed to bo left open and which lie aitn #'~~ s t3} (a) A copy of the ' ~ :t++rn receipt requested, s '- + + each person awning of ;' ~ •; encumk~rance of retard ~' { •;sfl and, if the ma}} close ,pfd encumbrances of rec~ ,al# be'sent to the Last kno !h} The governing bod) ~;uled to such other pers+ `- ith the procedures in this a,~ ~ {~) The gaverning bod} :wring, shat! cause to be 1 ~• " d the caunty in which the ' ~e names o{ the parties is ascription of the proper ' .ceiving ar acquiring an i `• ' :nding of the notice and I`- i ~ the nature of the procc n'' i -: filed with the gavernin '~~ • ~; -,art d, A copy of the resole ` {5) At or before the het i ,hers, file with the clerk ejecting to, or protesting "~ ° "he same may be withdra~ ,Wed by the per3ans why tined the original docun• -ens. Such notice of will h; • :t forth in this subsectit • ~ `ant had never been filed ~6) (a} At the hearin ~'~ ~..~ns and written prates ,•• ..;il. The governing bad '~ "~~~erty awners and th • . ar protesting the esta -:may be continued frc ~h} if the awners o+ Ming a majority of the ~~tten objection or w :~aestrian mall, the ga :. the gaverning body continue the pracee~ Inc proposed pede~ nscipaiity. if si+ch i municipa#ity and a ' '.,ng such proposed «tahlish the prvpc ?i+i, part d, but all • ~1 he paid by the • .inst the owners of 13-2~ J1 409 ~~ ~ ~ ~`v a \~ e:t seq. ~ . Resolution dcclarinq intention to esL-ablisli mall - Town Council determines ghat public interest and convenience require mall, and vehicular traffic will not be unduly inconvenienced. Must contain: (1) determination as above required; (2} description of streets or portions proposed for malls; (3} general description of mall intersection; (~4} general description of .intersecting street; (5) statement that Town Council proposes to adopt an ordinance prohibiting in whole or in part vehicular traffic on mall; {If only in part, what exceptions.) (6) general statement of the source of moneys proposed to be used to pay damages; and haw and when such sum will be paid; (7) sets provision for notice (day, hour & place) for public hearing; (8) any person having a legal or ectuitable interest in real property which may suffer damage by establishment of mall shall file a written claim of damages with the Clerk prior to first reading of ordinance. Streets may be referred to by official name Mall Mall intersections Intersecting streets may be referenced to a map or plat on file with Clerk. Future intentions to assess must be stated. - If improvements are to be made and the cost assessed, it should be stated as to how they are to be accomplished and paid for. 905 Notice Resolution shall be published three times ~j;f 1st less than 75 but more than GO days before hearing 2nd less than 45 but mare than 30 days before hearing 3rd less than 15 but mare than 10 days before hearing Posted Title "Notice of Intention to Establish a Pedestrian A3all", letters 1/2 inch high, oat less than 50 days prior to hearing 300 feet apart on streets to be mailed; on all intersecting streets; on all streets to be open but within the mall area. Mailed Registered mail, return receipt requested {last known address) not more than 50 days prior to hearing to owners of record of all or any part of fee or holding on encumbrance of record against any of such lands abutting the proposed ma11. (Town Council may add others to mailing list.} ~'±~' «:~ r. ~ ~ ~ } ~. ~# r ,~ ~ ~ ~~ ,~ lld at the ~RItLAlIVN I.MCKF.IL- •, .'°:•. ~fREAS, 9tta Alalltlirtg GonrtmtlRtan: Staff and tl-Fr cltllwts ad111sar.Y itta! haw ~.. ~ that /he ~Ctxlncil mow f wHh ttte stops I~Itlalretl to eatablNh oerfaln- mall /fiaaa at~lda- ttta 1Sra tallblk tfNatF Act: and ttla ~ICII agtMa, with tM, ratatnltlatldfµah ~IslLisa the vJVr that.aetion should ba rahan ' sMOW> TFIEftfFQRE Bib Ifi Rt:S[)E.VED !~+Y',.xNE TOWN COtJNCtL GF TtiE`T~MFN :~II.~A1L, COLORADO TltAT: ~° . ..~) The gsttaral dascription.af 111a_str'aNs pedestrian mails nre:~1 to be eitabipNae . ti) ciore Creek Orlw frarit Willow Brhpe 'Read to . tlla west end. of .the ~ai# ~IlMnhouses; - ,{N Bast Maadsw [7yiva t!otn tiara CtaAalc Ah1ad to Vall Road {with'IhNxwptkn o! »N. ildarssction of Bast t1 ~. Drhnt .and 'mow Brldge Road and that portion of fast d. .. Orive adkaosrlt to 'and ttovth of lr ads tklapplrlg CaMer1; iy Isrldge Street; and E!) Flarawtt Ranch Road tram the.lNitl weak Court Bullding ChuM70 Bridge Shat, 1116 within the Towr1 of Vail, Colorado. ~) The Intersections ot. East AeaaYow and Brldile Street, Bridge Street and lillNaoa Ranch Road, and Bridge'Strad ael¢ Crack prlve' will be .part of the irlan mall arors. ~- • ~ The details at the malt aroas and.the ~tluded itltersectiala can be secartalned by rdry made atths offks of the Tawn CMrk. ' .~'aern of Vail Municipal Building, Pall, arada, where a diagram end map R Habla far public #nspection durCrld Nar business hours.. ,' ~-{;1) The Town Councll intends that 1lle [an mall arose would be for file ipal use at pedsstrialtlr and bicycle ~c, and motor vefiicular traffJc would ifs bFted with the tallowillQ 'ions: ' t10 East M :,.., , Mall, west~ot WiNaw Road: ' {i) Public transportation gehlctes berated by the Town; <#) E...,..._...Y tshlcles: and - . ~• • t$) Repair pf. -malntanance vshid#as ~~. ~ .. Iced by the Town. 4b) East Aheadow -Mall, east of WFNaw 1MNIpa Road: ti_ li) PublFC , 1renYportatfOn vehiofes .~arated by the Tovm; _' - - q) Emergency vehiClea: ti) Repair or maintenance veAlClaa 1fllot'1Led by the Town; and # rta•! Local traffic to the Vail Athletic Club, rain Naua and Wedel, Ism. `"'+ttl Bridge Street, Goro Creak Drive said on Ranh Raatl: ?'~i) Public transportstlon vehiChn ~f i .: red by the Town; - >~j~) Emergency crghicles; _: :,f~Y) Repair or maintenance vehiCMls rized-by the Toyv!!; `lCommercial vehicles entering file na1F' necessary for tt!e pyrpose of makthg varies nr proWding services tar ~, : Ies fronting on the mail to which a is no other reaaoriable means of ator of the vehicle when there IS rm oMMr able means of access:- ' s,~; Private vehtclea entering isle • rAatl , ,1~ ~ necessary for-the purpose OF going io Aom the property er business 4rontinp en malt of the operator of the.velilcle ~n is nD, attl~r rlasana6le meana-oF s; and }The dirac~kx! of travel will be limbed way In certain portions, and parking streets or pub}Ic ways w11E be limited ~tsrtaln aroas and for specified Mmes. #., Ing th! public hearFngs, .the Town Il wll! sin tomments on lFte ekcepti~ as to all or perib of the ion ma-ES, and the Councll' w111 er ekl suggestions and comments es to ' tlons to the vehicle limitations in order *ravide reasonable a)ternatlve'aeeesa.te poperfiaa fronting on the malls and to the..yub)ic )nterest..._ -. ?'~, T#n +runaY tIMNCh 1w111 Ba flog Isi pay # aiiY; atlayrrit er awarded 1. a!y soy reason •aF -'the of lfle pedestrian , dltlil tllteff)• '1saYts'a tlidtrral t Si`&ts^irrY.'~ith:5e, ::~aetai..+~d.::.~..._ :.~c ..sm, f ~...: eblpi ~meMY~ tfie"me1l11sgFn, w wie YY In t what fetch erase; e~ portions itlarast. Ie )7een lnclnded in a gssMral Or apFctal vemenl gistrlct, ~j Any.gtsrtbn m~minp or having shy ~at egt3Tfable interest in any real p . ~. irh migMxuHer legal damage by reYsaail 'the gFtebliahment of the p .. en mall, o- any portion theFeol, yet ills a vrrMfen'claim therefor in a-11s!' any such damege>3 10 be toltiidsrad ar awed. Such must be fEled with the Town rk at any time prlorto the first readihp of r ~ aeltaall#imp ~rtw!-m~u, tasR; A1rYd r. ~ ,a'ltf aair' M as tlrF 't~Maf tla ~eMMtl. AAare it^qs on the ...,.~. eatsdtlle NNormatlon hick must 4g included on the claim and Itler rights of property- owners aro Mtrahted iri ArtiGe 25 of Chapter 9i, otorado Revised'Statutes (1973, as mendetl to 1515}. p) The public hearing eritl consideration F-fhe establishment of ttla malls In tlMSa Baas described In Section {1) above {ar`any Y?t or ~portion~thereol) shall be held an ~acember 70, 1971, at 1:90 o'clock il.m., jtore the Town Councll In the ~COgnCll Clambers, 'MunlciPel Bulldlrlg, Vail, otgrado. At such time end place a pgblk- ipring Shell be 1-eid, end ore! and written rasentatilohs will be heard and considered Fern! abutting prW>NN owners attd site qbl Ic at 'large Fn' favor of, or bppo'ektg, (jtecting to;'or protesting the estebl IshirMlt f the pedeatrlan mails. {e} A copy of this resotutFOn shall ba ktydshed, Posted, mailed 'ahtl recordell by tla Town Clerk, all as required by C.R.. Sl- ~465 j1413, a5 amended in 1975), ~ ~ ~~, - ) 11 is net eMic{gated that the malt slCras . 11 be improved at this time:. It mprovements are 'made et this t)me,'the . i~pwn Cpent6t may determine 16,paY a1r~1 lots. Improvements lnaY be made itt5lte !elttre and the method of payment the-Mor ijMl be determined at the time ~Ifte wtprovaments-are raWewed and apprpvad The Town Council in arrordance with the ~utes of the State of ColpradD end the her of the Town al YaU, ', (lp) The Town Council at this ~tlnle ifrtermines'-thet .the public Interest .end fanvenience require the establishment of Midestrian maNs on the streets as set forth e la Secflon'it)'(ar anY`Part Dr ..' . ar' portions ihereot), and Vehlcuiar~ 1rRfFk piFBl slot be v1ldulY Inconvenlencetl t1teAlbY. Raid it i5 the.intention of the Town Caurltti b yhdartake the necessary protaedings.' la eatebllsh such'pede61r1an mails. ~~~' ~a:{ll} Any question concerning ~iM lrpceedings-tq' be hel{I,.the appl[cablejlaw,,' ~i any other information herein Contaln.d abould b~ ..:...: ~ t0 the Town Attorney, OM X13,-during normal working APPSRDVED yiNTRODUGEO, ~.REAI), . },I(ND r4DDPTED fihis 20th day.: eF tember, 197] sae , ~ :'.b' L ~i. ' r''~. ' f ~' ~ ~ Tt~IAF~I OF ~~ L: ~' - . Sohn A. DeYSbn rfTESTi' ~ 8wn Clark" i t[l~~al~ ~~)~ ~ li, 21r,. 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'a a .. eo m~ cfl~a~ ~ 1' v o_ ~' '. ~ ~maymo ego m „fl,,, ~° er"o C~~ o ~ m ~ ~• Q0 9 rr ~ a ~ ~ D. ~ $ ~ ~ ~ ~ ~ ro 0~~~~~`~~a ~ ~ ;~ a~ ~ C ~w q~qpp ~~~ro~~~~ fro( ~ '~ ~ fD N ~ em'• e" N ~ ~ G e" ~1 ~ ~ ~ ~ A ~ ~ ~ ~ ~ ~ ~ N e`~, ~ o N ~ ~. a~ ~ ~ ~ a. ~ ~~ a~~o'~~ ~ N ~ ~ o A ~ .~~~~w~ R ~ ~ ~ R~ ~~~ ~ ~ ~ ~ ~' ~ w ~R~FoflwQ Fo w a ~ ~ a. a 0 m E N ~' ~ -ti K ~~ i~ o t7 `~ O ¢, rw ~ ~ ~ ~ ~o ~, n Y N~<. I ~! ~gg.,. $3~S ~_ ~a~~ ~. `. m~r~m.'~~r~ ~ ~~~~ n~ R~~ ~G,~~~~i .,~ sp ~~ - . . C] ~ C ~ z ~ ~ o ~ O ~~ O r ~' __ O v ~--~ `~ ~ ~ O ,~ O I, r n z 3~Am~ ~mRaa< ~=rm.m. ~ ~$ ~ n ~~ xw ~g~ ~ C M r 'J 11 ~ 1 r 3-~- ~~ ~~ wm b= ~ ~ a~ '-rte ~o - ~'F ~ ~• ~. ~~ ZI 1` m :a4C ~ i x ~ ~ lp11Ad~ n 'l~ ~ :pm~Am t ~~~ 16x~~Yr ~S~[ - ~~ ~ y ~~• '~~'l.'- -i2702~> ~'.i~m~~fl121[- - ~cSiFSa~~ ~g~~ ~:.~ tr ~~3M f ~m{m~smm. mEo..~.r,, --. --- @1, ~ .~,~x - 2 `'~'. ~ I ~ A, A Y ~ ~~~~ ~~ S ~. ~j ~~ :~~~~~~a~~~~ ~~~.~d ~a~~~~~• a +" n ~r ~ ~~~ ~. Via, ~ ~, 3~~m ,4,s°mm H $ ~ a' M l R r < ~ ~ ~ ~ y~ • ~ ~ x.351. 1 ~.,~~ '~, a ~ ~. ~ ~, „ ; ~ ~ ~~° ~ m ~~ ..~ ~ '~~ ~, :p) The direction of ?revel will be limited ltlbtN iNay in artaln portkkne, and parking ~It~~e streets or,pubHC Waye will be limited )O cirhin flraaa and for tlpeelfled f1mN. flaring the publle Tkur)nge, iM Town founcll wilt entertain comments on the sbt-ve exosptlon6 as to all or parts of the pedestrian matte, end .thB Council will canslder elk suggestlons and comments. a6 to extepttot{s to the vehicle )Imitetlons In order to provide. reasonable altarnattve stases M yK propertle6 frcnting on the mails and to protect the public Enterest. ={S) Tike money which w111 be used to paY Wtnages:tf any, slkkwed or awarded to any piroperty owner by raaaan of the btabllahmerN o} the pedesirlsn melk will clime irom the Town's t;ansrel Fund, end yvill be paid et the time of the recognition of the ctalm 6y the Town touncfl or be paid at itwtlker time in' aaordance with the requirements of lsw. The emount,pald maY . hater be assayed or charged against owners pp}} property banefit[nq. tram the plltabllshment•ttf ~ malls In wtwle or in Yrrt when wch er es, or portlom thereof, l Vp been Intluded In a general or speclek rr9qvv,~naM-,dlsfr{C1 ~~ ' - ~3)'7aKY P~'~-~evr'fdnp aY heWnp anY legal equitable inters} in any real ,.•.,„...:y iCh mightavfferlagel damage by Faeeon Cf tfle estebllehment Df the w • , ' ~~YWdaetrian mall, ar any portion thereof, must file a written claim therefor Fn order liar anY each damages to lie cotuidered or Ilarved. Such must be filed with the Town ~lerk st any time prior to the first nadtnq of ,~ ordlnsnce establishing iM pedestrian 'mall. Such fiat reading may occur on ;pee; 20, 1177, or within 160 date -thereafter. UnMss a.written claim 1e made !ykk nor before the first reading of the ;q'dinanee establishing the pednfrlan mall, ~aY be late and . if lets, wit! not be Wsred n tt Canna} be allowed. 7Yiora ~1Fteils ontlke partEeulars of the information 'Yyhlch must be included on tike claim akW dlher rights d Y owne-e are eonteined in Itrtlcie ~ ~~ of ~ Chapter S1, Colorado Revised Statute (11+77,, rs emended iA 1973) i7} TIN`pubilc hearkq end eornlderation pease deeerlbed nMSacflon. i1 aaltww) (omen ppaart or portlan thersoff shat! ba bald on pecambN Zq. 1917, at 7;311 o'eiock p.m.. Yeton_tlke TeYVh CeynNi •M.~e Council 4hambere,- •MUnlclpal butt#ing. Vaii,, Cotaredo. AT.wch thtN slid aoe; ~ public hearing shad be Geld. and oral atkd vrrnten - etilotks will ba heePo and Comidered from abVttillq property and the ~ub1Vc at larva to fever of, or apposing. ,obledltitl to: or protestlrkg tike establishment of the pedestrian malls, "..,(0} A Copy of this raolutfen shatl• be ppuubHehed, posted. msged end recorded by Nte Tewn Glark,.afi grepuired by C.R.S. 31• 35•~ }1173, as a ~ in 1973). :iq} 1i iii dot MfkFlclpated that the mall areas ~'M-111 1M . !, ., , ~ ~ ist_. 11kis f.tltne. ' kf :ttnprovements ere made ef-this time, the *.town Gouncii may determine to peY such a^~osts. Improvements meY be made in the #~+{Ufure and the method of PaYm~f therefor iNll1 be determined et the time the ~~;lmprovements are reviewed end approved Y;bY ~ Town Goutkcll In accordance with the ~~:8tatkrier of the Stets of Colorado end the ~,.~harter of'the Town of Vall. :_ ttg) The Town : Council at this Nme '-tleterinines ttFat the puhHc lntere6t and z~onvenienee requGe the estebllshment of striae melts on the streets as set forte have in Section it) ter anY't~rt Or pardon ' r poe#ikm~ ttkereof}, end velilcular traffic ,?wiN not be unduly Inoonvenlarced thereby, ;and ii is the intention of the Town Covncl I to ~eaaaxtgs to as neld.lik! ~pllcable law, any OttkK IntdrmatglY }karate contained could be refeTrod to the TotNn A:.. . ~, I76 13, during nD-mal kvorklnq hours: IN7RODUGEI], READ, .APPRRVED ND ADPPT~D, this 90th ' day of i ~ RESOLUTION NO. Series of 1~7 A RESOLUTION AUTHORTZIPdG AND APPROVIIdG THE EXPENDITURE OF THE FEDERAL ANTI- RECESSION FISCAL ASSISTANCE PAY!uIENTS RECEIVED BY THE TOWN OF VAIL 6~HEREAS, the Town of Vail has received certain pay- ments under the Intergovernmental Anti-Recession Assistance Act of 1977 to aid in the maintenance and provision of ongoing basic services; WHEREAS, the amount of payments received through July 28, 1977, is $2,900.00; WHEREAS, the Council finds that said funds are needed for janitorial and administrative support salaries and related expenses; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The Anti-Recession Fiscal Assistance Funds received by the Town of Vail through July 28, 1977, shall be used to pay (to the extent thereof) the janitorial and administrative support salaries and related expenses of the Town. INTRODUCED, READ, APPROVED, AND ADOPTED, this 20th day of September, 1977. ATTEST: Town Clerk ! , Mayor ~ ~ ~~ ~~ ~ ~~ ~'%~/ 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 AUTHORIZING NOTICE OF BOND SALE FOR ITS $2,350,000 GENDRAL OBLIGATION BONDS SERIES DECEMBER 1 , 19 7 7 DATED DECEMBER 1, 1977 STATE OF COLORADO ) COUNTX OF EAGLE ) ss. TOWN OF VAIL ) The Town Council. of the Town of Vail, Colorado, met in regular session at the Municipal Building in said Town on Tuesday, the 18th day of October, 1977, at the hour of 7:30 o'clock p.m. Upon roll call the following were present: Mayor: John A. Dobson Councilmen: John Donavan Wm. Heimbach, Jr. Robert Ruder Rodney Slifer Josef Staufer E. Wm. Wi1to Absent: Thereupon the following proceedings, among others, were had and taken: (i) i ~ ~~ Councilman ~ introduced and Councilman O moved the adoption and approval of a .~.~ .~.~ Resolution which, copies of which having been made available to the Council and to the public, was read by title, and is as follows: (ii) • ~ ~ ~ . RESOLUTION ~f~ AUTHORIZING NOTICE OF BOND SALE FOR THE $2,350,000 GENERAL OBLIGATION BONDS, SERIES DECEMBER 1, 19'17, OF THE TOWN OF VAIL, COLORADO WHEREAS, The Town of Vail, Colorado (the "Town") is a home rule city of the State of Colorado, duly organizing and existing by virtue of a charter adopted in conformity with Article XX of the Constitution of the State of. Colorado; and WHEREAS, at a special election held in the Town on October 4, 1977, the qualified electors of the Town authorized the issuance of general obligation bonds of the mown, in a total principal amount not exceeding, $2,350,000 by voting favorably upon the following three questions submitted: 1. Ice Skating Arena/Multi~-purpose Facility Bands, Question Submitted: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing general obligation bonds in one series or more in an aggregate principal amount not to exceed $1,800,000, or so much thereof as may be necessary, for the purpose of defraying, in whole or in part, the cost of acquiring, constructing, installing and equipping an enclosed ice skating arena and multi-purpose facility suitable for conventions, con- certs, exhibitions and trade shows, together with all necessary incidental and appurtenant properties, structures, facilities and costs, such bonds to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during.a period of not more than 30 years from the date or respective dates of the bonds, such bonds to be payable from general ad valorem taxes and other funds legally available therefor, and such bonds to be sold and issued at one time .or from time to time, in such manner and amounts and upon such terms and conditions as the Tawn Council may ].a ter determine, including provisions fo.r the redemption of bands prior to maturity upon payment of a premium not exceeding 3 percent of the principal thereof?" 2. Public Works Maintenance Facility Site Acquisition Bonds, Question Submitted: "Shall the Town of Vail, Colorado, be authorized to issue its negotiable, interest bearing general obligation bonds in one series or more in an aggregate principal amount not to exceed $350,000, or so much thereof as may be necessary, far the purpose of defraying, in whole or in part, the cost of acquiring a parcel of real property, known as the Pulis property to be used as a site for a proposed public works maintenance facility, together with all necessary incidental and appurtenant properties, facili- ties, and costs, such bands to bear interest at a maximum net effective interest rate not exceeding 10 percent per annum, and to mature serially during a period of not more than 30 years from the date or respective dates of the bonds, such bonds to be ' payable from general ad valorem taxes and other funds legally available therefor, and such bands to be sold and issued at one time or from time to time, in such manner and amounts and upon such terms and conditions as the Town Council may later dete r- mine, including provisions for the redemption of bonds prior to maturity upon payment of a premium not exceeding 3 percent of the principal thereof?" -~- ~ ~ ~ ~ • ~~ 3. Open Space Acquisition Eonds, Question Submitted: "Shall the Town~of Vail, Colorado, be authorized to issue its negotiable, interest bearing general obligation bonds in one series or more in an aggregate principal amount not-ta exceed ~ - $200,000, or so much thereof as may be necessary, for the purpose' of defraying, in whole ar in part, the Cost of acquiring a parcel of real property, known as, King Arthur's Court, tp be used as open space and/or recreation and park land,~together with all necessary incidental and appurtenant properties and facilities, and the costsincidental thereto,~such bond•to bear interest at a maximum net effective interest rate not exceeding ZO percent per - annum, and to mature serially. oaring a period of not mare than 30 years from the date. or respective dates of the bonds, such bands to be payable from general. ad.. valox'em. taxes and other .funds legally available therefor,, ~~a~nd suc.h~ bonds to be: sold and issued at one time or from time to.time, in °such~•manner and amounts and upon such terms and conditions as the Town Council. may later determine, including provisions-far the redemption of bonds prior to maturity upon payment of a premium not exceeding 3 percent of the principal thereof?" WHEREAS, the Town Council of the Town has determined and hereby determines that it is in the best interests of the Town, and the inhabitants thereof that the Town proceed with the the issuance and sale of $2,350,000 of its General Obligation Bonds, Series December 1, 1977, dated December 1, 1977 (the "Bonc?s") by advertising said Bonds at public sale. NOW, THEREFORE, BE 1T RESOLVED BY THE TOC~IIV COUNCIL OF THE '.!'OWN OF VAIL, COLORADO: Section 1. That a Notice of Sale is hereby authorized to be pub- lished once, at least ten days prior to the sale date, in The Daily Bond Buyer, a financial newspaper published in £1ew.York, New York, such Notice to be in substantially the following form: --Q- • ~ . NOTICE OF BOND SALE TOWN OF VAIL, COLORADO $2,350,000 GENERAL OBLIGATION BONDS SERIES DECEMBER 1, 1977 DATED DECEMBER 1, 1977 Public notice is hereby given that the Town Council of the Town of Vail, Colorado, will at 10:00 o'clock a.m. Mountain Standard Time on Tuesday, November 22, 1977, sell $2,350,000 of its General Obligation Bonds, Series December 1, 1977. The Bonds, in the..denomination of $5,000 each, will be dated December 1, 1977; will hear coupon interest at a maximum rate not exceeding 8~ per annum, payable semiannually; and will mature in varying amounts serially from 1979 through 1997, inclusive. There is a maximum spread permitted of 2~ per annum between the highest and lowest coupon interest rates bid for different. maturities. The Bonds will be payable from general ad valorem taxes, and also from sales tax revenues of~the Town. Bidders must bid a premium not less than $100,000 far the Bonds of this issue. The Preliminary Official Statement and Notice of Sale, containing details of this issue and summarizing the provisions of the Ordinance pursuant to which the Bands are to be issued may be obtained from the undersigned Town Clerk, Tawn of Vail, Colorado, Bax 100, Vail, Colorado 81557, or from Boettcher & Company, 828 Seventeenth Street, Denver, Colorado 80202, Financial Consultant to the Tawn of Vail. BY ORDER OF the Town Council of the Town of Vail, Co].orada, this 18th day of October, 1977. /s/ Colleen.Kline Town Clerk Tawn of Vail, Colorado Publish in The Daily Bond Buyer, New York, N.Y. on or .about November 1, 1977. _5_ .' . • i • Section 2. That a more detailed Notice of Sale, which may be combined with the Town's ~'reliminary Official Statement with respect to the Bonds, 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 Members of the Town Council and the Town's Financial Consultants, such Notice to be in substantially the fallowing form: ,6- • OFFICIAL NOTICE OF BOND SALE SALE DATE: NOVEMBER 22, 1977 TOWN OF VAIL, COLORADO $2,350,000 GENERAL OBLIGATION BONDS SERIES DECEMBER 1, 1977 DATED DECEMBER 1, 1977 PUBLIC NOTICE TS HEREBY GIVEN that the Town Council of the Town of Vail, Colorado will, on Tuesday, the 22nd day of November, 1977, at 10:00 o'clock a.m., Mountain Standard Time, at the Municipal Building, Vail, Colorado, 81657, receive sealed bids for its Tawn of Vail General Obligation Bonds, Series December 1, 1977, (the "Bonds"}, in the total principal amount of $2,350,000, to be dated December 1, 1977, to bear interest evidenced by one or moxe sets of interest coupons, with a maximum coupon interest rate riot exceeding 8~ per annum, payable December 1, 1978, and semiannually thereafter on the 1st day of ,Tune and the 1st day of December each year, and to mature on December 1, as follows: Principal Amount Year ~ Maturing 1979 $35,000 1980 45,000 1981 55,000 1982 65,000 1983 75,000 1.984 85, 000 1985 95,000 1986 100,000 1987 110,000 1988 ~ 120,000 19$9 130,000 1990 140,000 1991 155,000 1992 165,000 1993 175,000 1994 185,000 1995 195,000` 1996 205,000 1997 215,000 Fer Annum Coupon Rate Bonds maturing on or before December 1, 1987, shall not be subject to redemption prior to their respective maturities. Bonds maturing on ar after December 1, 1988, shall be callable for redemption at the option of the Tawn Council, in whale, or in part in inverse numerical order, on any interest payment date beginning December 1, 1987, upon not less than thirty (30} days' prior notice, at a price equal to 103 of the principal face amount thereof plus accrued interest to the date of redemption. -- 7 -- ~~ ~ ~ .~ The Bonds will be in the denomination of $5,000 each, n~imbered I to 4'70, inclusive. The Bonds will be issued in coupon form without privilege of registration as to either principal or interest. Principal and in- terest on the Bonds are payable at American P3ational Bank, Donv'er, Colorado, Paying Agent. The Bonds are to be issued far the purpose of acquiring, con- structing and equipping an ice arena enclosure and real property for use as a site for a public works maintenance building and bus storage yard, a water storage facility, and open space for .the Town and its inhabitants. The Bonds will constitute general obligations of the Town of Vail, Colorado, secufed by the Town's covenant to levy general ad valorem taxes sufficient, along with other legally available funds, to pay principal of and interest on the Bands. If any IIond is not paid upon presentation at its maturity, interest thereon shall continue at the designated coupon rate, for said Bond until the principal thereof is paid in full. Bidders are requested to submit sealed bids specifying the lowest rate or rates of interest, not exceeding the rate set forth above, and cash premium above par, at which the bidder will purchase the Bonds. Interest shall be .evidenced until. maturity by only 'one set of coupons 'payable to bearer. Bidders shall specify rates of interest in multiples of 1/2fl or 1/8 of la per annum, with a maximum spread of 2a per annum between the highest and lowest interest rates for different maturities. Bids will be accepted fnr the entire Bond issue only. Any premium bid must be paid in lawful money of the United States - r of America as a part of the purchase price. All bids should be directed to the Town Clerk of the Town, of Vail, Colorado, and must be accompanied by a certified or cashier's check payable to the Town of Vail, Colorado in the amount of $4{1,000, which check will be regained by the Town Council as evidence of good faith, and forfeited if the bidder fails to take up and pay for the Bonds in accordance with his bid. Checks tendered by unsuccessful bidders will be promptly returned after award of -thy Sonds by the `T'own Council. -$- The Bonds will be sold at not less than par, a premium not less than $100,000, and accrued interest to the date of their delivery. The Town reserves the right to reject any and all bids and to re- advertise for the sale of said bands, or to waive any defect or irregularity in any bid. Unless all bids are rejected, the bonds will be awarded to the bidder naming the lowest "net interest cost", which is defined as the total amount of interest to accrue from the date of the Bonds to their respective dates of maturity, without regard to any option of redemption, less the amount of any cash premium above par bid. The "maximum net effective interest rate" established for this Bond issue is 8~ and the Town Council may not accept any bid which exceeds said interest rate. "Net effective interest rate" is defined as the "net interest cost" divided by the sum of.the products derived by multiplying the principal amounts of tha Bonds maturing an each maturity date by the number of years from their date to their res- pective maturities. .Delivery of the Bonds will be made at Boettcher & Company in Denver, Colorado, at the Town's expense, or elsewhere at the request and expense of the purchaser. It is anticipated that delivery of the Bonds will be made on or about December 23, 1977. The interest on the Bonds is exempt from taxation by the United States of America under present Federal Income Tax laws. Further information concerning this issue may be obtained from Vail Finance Director, Sianley F. Bernstein, Municipal Building, Vail, Colorado $1657, or from Boettcher & Company, 828 Seventeenth Street, Denver, Colorado 80202, Financial Consultant to the Town. A certified transcript of legal proceedings and the printed Bonds, with the approving opinion of Messrs. DeMuth & Fiberger, Bond Counsel, of Denver, Colorado, appearing thereon, will be furnished the purchaser without charge. A no-litigation certificate in the customary form will be in- eluded in the closing documents. -9- • s All bids may be submitted on a form which w~.ll be furnished, ta- gether with a copy of the Preliminary Official Statement, upon request to the undersigned or to Boettcher & Company, 828 Seventeenth Street. Denver, Colorado 80202. TOWN OF VATL, COLORADO /s/ Colleen l~line . Town Clerk _l{~~. • Sectian 3. That the maximum net effective •interest rate for this Bond issue is 8~. section 4 . Stan] ey F. Bernstein, Finance lei nectar, Town of Vai ] , i s hereby authorized to accept, an behalf of the Town Council, the best bid submitted for purchase and sale of the ~3onds. Sectian 5. That the members of the Town Council and officers of the Town and its Financial Consultant are authorized and directed to take such steps as may be necessary ar advisable to complete the sale of the nonds, including without .limitation the preparation and dis- semination of a Preliminary Official Statement relating to the Ronds. section 6. This Resolution sha11 take effect immediately upon its adoption. RESOLUTION ADOPTED AND APPROVED this 18th day of October, 1977: or, n of Vail, Colorado {TOWN) ~ ' {SEAL) ATTEST:. Town Clerk -11- ~ ii 1 `r ~ . ~F Councilman seconded the motion, and the question being upon the adoption and approval of said Resolution, the moll was ca~.led with the following result: Those voting "Yes": Councilmen: (/~ L e~ Those voting "No" : ..2~~~- members of the Council, having voted in favor of the adoption and approval of the Reso~.ution, the presiding officer there- upon declared the Resolution duly adopted and approved. Thereupon, after consideration of other business to come before the Council, the meeting was adjourned. f/ r~4ayor / Town of Mail, Colorado (SEAL} ATTEST; v~2 /C~ Toxin Clerk Town of Vail,~Colorado -12- ~ ~ ~ STATE OF COLORADO ) ,) COUNTY OF EAGLE ) ss. TOWN OF t7ATL ) T, Colleen Kline, the Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby certify that the attached copy of Resolution No. /q Series of 1977, regarding the authorization of notice of r sale of the $2,350,000 Town of Vail, Colorado. General Obligation Bonds, Series December 1, 1977, 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 Town Municipal. Auilding, the regular meeting place of the Town Council in the Town, on Tuesday, the 18th day of October, 1977; 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 Town Clerk of said Town, sealed with the seal of the Town, numbered and recorded in the official records of the Town kept far that purpose in my office. I further certify that the foregoing pages constitute a true and correct copy of the record of the proceedings of the Tawn Council at its regular meeting of Dctober 18, 1977, 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 WITNESS WHEREOF, T have hereunto set my hand and the seal of the Town of Vail, Colorado, this ~~ day of ~ , 1977. Town Clerk - Town of Vail, Colorado (TOWN ) (SEAL) -13- RESOLUTION NO.20 SERIES OF 1977 A RESOLUTION OF THE TOWN COUNCIL DECLARING NOVEMBER 6 THROUGH 12, 1977 AS VAIL WATER CONSERVATION WEEK. WHEREAS, water is a precious commodity in the Gore Valley; and, WHEREAS, the limited snowfall in the winter of 1976-1977 em- phasized to the residents and visitors in the Gore Valley that the wise use of water at all times is important; and, WHEREAS, the Town Council is of the opinion that wise water use and conservation should be encouraged; and, WHEREAS, the Town of Vail should act as a leader to conserve water and educate the public as to wise water use. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: That the week of November 6 through 72, 1977 is hereby declared to be Vail Water Conservation Week. 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F + 11 r i 1 .v.. nf..)W. sc.~.y~'r.... „„w~~.~~ .... .r ~... ... t+t~~tR~•~«'»a:ir..it.:f4aiv, nNrx.xtisa[`rw¢~.r-..~.. :..N ~a...~~e..iy.11NF a. ~ ~..,41rsY. u:-r .o-rv RESOLUTION N0. ~.1 Series of 197! A RESOLUTION OF THE TOWN COUNCIL, TO~r]N OF VAIL, EXPRESSING THE APPRECIATION OF THE COUNCIL, FOR ITSELF AND AS REPRESEN- TATIVES OF THE CITIZENS OF THE TQWN FOR THE LONG SERVICE OF MAYOR JOHN A. DOBSON TO THE TOWN OF VAIL .~.~e, . « ~ x.YI.. WHEREAS, Mayor John A. Dobson has elected not to seek another term on the Town Council; ir7HEREAS, Mayor John A. Dobson has served the Town of Vail and its citizens, both as a concerned citizen and within the Town government, in many ways: (a) Served as Councilman since 1966; {b) Served as Mayor since 1968; {c} T~Jas a key supporter and participant in the acqui- sition and development of the Gerald R. Ford Park; (d) Was one of the original petitioners for incorpora- tion of the Town; {e) Served on the Planning Commission of the Town from 1966 through 19'72; . {f) Served as ,a member of the Home Rule Charter Com- mission; (g) Was a key supporter and participant in the acqui- sition of Site 24 and the deve~.opment of the ice skating/multi-- purpose facility; (h) Served as Co-Founder of the Vail Institute and Vail Symposium; {i) Served as playwright for the Vail Village Players; WHEREAS, Mayor Dobson has served with devotion and goad cheer, and his example should serve to guide future Councilmembers; NOW, THEREFORE, BE IT RFSDL'~~'ED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: {1) The service given to the Town by Jahn A. Dobson is hereby recognized by the Town Council as his colleagues arid friends. (2) The Town Council expresses its appreciation to John A. Dobson for his services to the Town. This appreciation is expressed not only for the Council but also for the citizens of .the Tawn . (3) The Council would urge John Dobson to continue his active service to the community and to the government aF the Town and to make his experience and knowledge available for the benefit of the Town of Vail. ~ . INTRODUCED, READ, of November, 1977. ATTEST; ,- _~ ~ . fr Town C erk APPROVED, AND AD Mayor o Chem TED, this 15th day n' .. .,,.,~...~<•.....,-~..>. ;u-.. :..Y.~ ....-.:s ,„.-, a:~..wW.M. +w~a-m - ...«va.~.... ~. ~- ..~~ .~. ~..~..~.a,. r -.-w....,r.~.-. - ,. ~..wr.5 ._ ...~...,,...~, n..w t ..M~e„ ., ~w~ RESOLUTION'NO. ~,~ Series of 1977 A RE50LUTION OF THE TOWN COUNCIL, TO[~TN OF VAIL, EXPRESSING THE APPRECIATIOI~1 OF ' THE COUNCIL, FOR ITSELF AND AS REPRESEN- TATIVES OF THE CITIZENS OF THE TOWfd FOR THE LONG SERVICE OF COUNCILMAN JOSEF . STAUFER TO THE TOWN OF VAIL WHEREAS, Councilman Josef Staufer has elected not to seek another term on the Town Council; WHEREAS, Councilman Staufer has served the Town of Vail and its citizens as a Councilman and as an interested citizen in many ways: (a) Served as Councilman since 1972; (b) Was a key supporter in the acquisition and develop- ment of Gerald R. Ford Parkr (c) Has been an advocate of the preservation and acqui- sition of greenbelt and open space; (d) Was a key supporter and participant in the develop- ment of controls for valley--wide growth; (e) Served as a Board member on the Vail. Water and . Sanitation District and has been active in water and sewer develop- ment; (f) As a spokesman for the Vail business Community, he has- been an advocate for private and public cooperation; (g) Was a key supporter and participant in the develop ment of. the Vail Transportation Center; WHEREAS, Councilman Staufer has served with devotion and good cheer, and his example should serve to guide future Councilmembers; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TO[ti]N OF VAIL, COLORADO, THAT: (~} The service given to the Town by Josef Staufer is hereby recognized by the Town Council as his colleagues and friends. .(2) The Town Council expresses its appreciation to Josef Staufer for his services to the Town. This appreciation is expressed not only for the Council but also far the citizens of the Town. (3.) The Council would urge Josef Staufer to continue his active service to the community and to the government of the Town and to make his experience and knowledge available for the benefit of the Town of Vail. . INTRODUCED, READ, APPROVED, AND ADOPTED, this 15th day of November, 1977. ATTEST: r/~- ,- ~ "~;l.I.l! l/ Town. Clerk ~~,G~/~. RESOLUTION NO. Series of 1977 A RESOLUTION OF THE TOWN COUNCIL, TOWN OF VAIL, PIAMING THE TCE SKATING RINK/ MULTI-PURPOSE $UILD2NG LOCATED ON SITE 24, WITHIN THE TOWN OF VIGIL, THE JOHN A. DOBSON ARENA WHEREAS, John A. Dobson has served the Town of Vail with dedication since before there was a Town; WHEREAS, John A. Dobson has given of himself to the betterment and wel],--being of the Town; t~iEREAS, John A. Dobson has been a consistent and can- structive supporter for the construction of an ice rink/multi- purpose facility for the citizens and visitors of the '^o~m; WHEREAS, even though the process has been lengthy, John Dobson has consistently kept the Council's attention focused on the needs of the Town and faithful service t4 the public; and WHEREAS, John A. Dobson, by his service has made possible the construction and completion of the ice skating rink/multa~-- purpose building; NOW, THEREFORE, BE TT R~:SOLVRD BY THE TC3WN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The Town Council, to express its appreciation for the devotion and service of John A. Dobson, bath within the Town's government and as a private citizen, hereby names and dedicates the ice skating rink/mufti-purpose building the JOHN A. DOBSON ARENA. INTRODUCED, READ, APPRQVED, AND ADOPTED this 15th day of November, 1977. ATTEST: f'~/ ~ . Town Clerk Mayor o em ~~ ~'~ C E R T I F I E D R E C O R D O F PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO RELATING TO A RESOLUTION RATIFYING AND CONFIRMING THE AWARD OF ITS GENERAL O$LIGATION BONDS IN THE PRINCIPAL AMOUNT NOT EXCEEDING $2,350,000 SERIES DECEMBER ~., 1977 STATE ~F COLORADO ) ) COUNTY OF EAGLE ) ss. ) TOWN QF VAIL ) The Town Council of the Town of Vail, Colorado, met in regular session at the Municipal Building in said Town on Tuesday, the 6th day of December, 1977, at the hour of 7:30 o'clock p.m. Upon roll ca11 the following were present: ! Mayor: ~~ ' 1 J ~~ Council members: ~~~ ~ ~~ r . ~- ~,~ w~ Absent: Thereupon the following proceedings, among others, were had and taken: (i) . ~ ~ ~ , RESOLUTION NO. oC SERIES OF 1977 A RESOLUTION RATIFYING AND CONFIRMING THE AWARD OF THE GENERAL OBLIGATION BLINDS OF THE TOWN OF VAIL, SERIES DECEMBER 1, 1977, DATED DECEMBER 1, 3.977, IN THE TOTAL PRIN- CIFAL AMOUNT OF $2,350,000, TO THE BEST BIDDER THEREFOR WHEREAS, the Town Council of the Town of Vail, Colorado, has determined to offer at competitive sale General Obligation Bands.of said Town, Series December 1, 1977, dated December 1, 1977, in the principal amount of $2,350,00O,~.pursuant to the authorization con- ferred by the electors of the Town at a special municipal election duly called and held on Tuesday, October 4, 1977, for the purpose of acquiring, constructing and equipping an ice arena enclosure and real property for use a5 a site far a public works maintenance building and bus storage yard, a water storage facility, and open space for the Town and its inhabitants; anc~ WHEREAS, the Notice of Sale of General Obligation Bonds, Series December 1, 1977, in the principal amount of $2,354,440, was published in the time and manner set forth in Resolution Na./~, Series of 1977, passed and adopted on dctober ~, 1977, and such Resolution has been substantially complied with in all of its requirements; and WHEREAS, all bids which were received prior to 10:40 o'clock A.M. Mountain Standard Time, on Tuesday, November 22, 1977, have been opened and tabulated, and. it appears that the bid of Kirchner, Moore & Co., Denver, Colorado, is the best bid for said Bonds, said bid being not less than the par value of said Bonds plus a premium of $100,000 and having a net effective interest rate of 5.5967S6o. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: That $2,350,440 of General Obligation Bonds, Series December 1, 1977, dated December 1, 1977, heretofore duly offered at competitive sale by the Town of Vail, Colorado, be and the same are, hereby awarded to Kirchner, Moore & Co., Denver, Colorado, the best bidder therefor, and the bid submitted by Kirchner, .Moore & Co. for such Bonds is hereby accepted, in substantial compliance with the terms and ., . ~ ~ i ,, Council Member ,,.Lh intraduced and Councilman moved the approval of a Resolution which, copies of which having been made available to the Cauncil, was read by title, and is as follows: s {ii) .s ~ Council Member _ seconded the motion, and the question being upon the'appraval ~ t said-Resolution, the roll was called with the following result; Those voting "Yes": Council.mernbers: ~~ Those voting "No" : /Ii~~-- %~ members of the Council, which number is a majority of the entire Council, having voted in favor of the approval of the Resolution, the presiding officer thereupon declared the Resolut.ian duly ratified, approved and confirmed. Thereupon, after consideration of other business to come before. the Cauxicil, the meeting was adaourned. ~~ G Mayor Town of Vail, Colorado (SEAL} ~~TTEST: /~ ~,~-- '~ Town Clerk Town of Vail, Colorado (iii) . .• • conditions of the Tpwn's Official Native of Sale, and including the details stated in the bid of said bidder. // .RESOLUTION ADOPTED AND APPROVED this t4 day of December, 1977. ( 5 E A L ) TOWN 0~' VASL, COLORADO Mayr~r l ATTEST; Y ITV ~C.u/L[.C... Town Clerk -~ 2 -- M ,~~ r ~ ' . • STATE OF COLORADO ) COUNTY OF EAGLE } ss. TOWN OF VAT L ) I, Colleen Kline, the Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby certify that the attached copy of Reso- lution No. _~ Series of 1977, ratifying and confirming the award of the General Obligation Bonds of the Town of Vail in the principal amount not exceeding $.2,350,Q04, Series December 1, 1977, is a t~'ue and correct copy; that said Resolution was approved and adopted by the Town Council at a regular meeting thereof, held at the Town Municipal Building, the regular meeting place of the Town Council in the Town, on Tuesday, the ~ 'day of ~,~.~_ 1877; 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 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 constitute a true and correct copy of the record of the proceedings of the Town Council at its regular meeting of ~~.,~.y~,e,~i.L~ ~ 1977, 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. ZN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Tawn of Vail, Colorado, this ~ ~ day of ~_ 1977. Town Clerk J Town of Vail, Colorado {SELL) (1V} • ~; RESOLUTION NO. SERVES OF 1977 A RESOLUTION RATIFYING AND CONFIRMING THE AWARD OF THE GENERAL OBLIGATION BONDS OF THE TOWN OF VATL, SERIES DECEMBER 1, 1977, DATED DECEMBER 1, 1977, IN THE TOTAL PRTN- CTPAL AMOUNT OF $2,350,000, TO THE BEST BIDDER THEREFOR WHEREAS, the Town Council of the Town of Vail, Colorado, has determined to offer at competitive sale General Obligation Bonds of said Town, Series December 1, 1977, dated December 1, 1977, in the principal amount of $2,350,000, pursuant to the authorization con° ferred by the electors of the Town at a special municipal election duly called and held on Tuesday, October A, 1977, for the purpose of acquiring, constructing and equipping an ice arena enclosure and real property for use as a site for a public works maintenance building and bus storage yard, a water storage facility, and open space for the Town and its inhabitants; and WHEREAS, the Notice of Sale of General Obligation Bonds, Series December 1, 1977, in the principal amount of $2,350,000, was published in the time and manner set forth in Resolution No. ~, Series of 1977, passed and adopted on October ~g , 1977, and such Resolution has been substantially complied with in all of its requirements; and WHEREAS, all bids which were received prior to 10:00 o'clock A.M. Mountain Standard Time, on Tuesday, November 22, 1977, have been opened and tabulated, and it appears that the bid of Kirchner, Moore & Co., Denver, Colorado, is the best bid for said Bonds, said bid being not less than the par value of said Bonds plus a premium of $100,040 and having a net effective interest rate of 5.596786a.~ NOW, THEREFORE,, BE ZT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VATL, COLORADO: That $2,350,000 of General Obligation Bonds, Series December 1, 1977, dated December 1, 1977, heretofore duly offered at competitive sale by the Town of Vail, Colorado, be and the same are, hereby awarded to Kirchner, Moore & Co., Denver, Colorado, the best bidder therefor, and the bid submitted by Kirchner, Moore & Co. for such Bonds as hereby accepted, in substantial compliance with the terms and . ~ ~ ~ conditions of the Town's Official Notice of Sale, and including the details stated in the bid of said bidder. RESOLUTION ADOPTED AND APPROVED this ~ day of December, 1977. ( 5 E A L ) TOWN OF VAIL, COLORADO May~r`r , ATTEST: !~~ r ~~ Town Glerk -2-