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HomeMy WebLinkAbout1978 Resolutions~. ~ • ~ ~ESO~.u1~io-as 1978 ~ ~ i RESOLUTIONS FOR THE TOWN OF VAIL 1978 1-78 A Resolution of the Town Council expressing its appreciation to the Highway Department of the State of Colorado for the opening of the Vail Pass portion of T-70 to Faur lane divided traffic; for the diligent work done an the Vail Pass portion~~of I-7O; and setting forth details relating thereto 2-78 ~..- ~;~;,~- .. ,,, ,~ cars 3/78 A resolution of the Town Council establishing a public/private joint venture program for the joint funding of capital improvements; specifying eligibility of capital projects, applicants and costs; determination of funding by the Design Review Board and Planning Commission; limiting program to one year; and setting forth details in relation thereto 4-78 A resolution of the Town Council authorizing the execution of a contract of sale between the Town of Vail and Paul Sampson for the purchase of a parcel of property known as the "King Arthur's Court Property"; with a purchase price of $145,000.00; and authorizing the Town Manage to execute the contract for and on behalf of the Town. 5-78 A resolution of the Town Council stating its support for the assign meet of a new VHF television channel to Glenwood Springs, Colorado, and urging the Federal Communications Commisssion to adopt a rule to that effect. 6-78 A resolution accepting a dedication of au pedestrian easement from Leigh H. Norgren and Company; and setting forth details relating thereto. 7-78 A Resolution of the Town Council expressing its opposition to the proposal of Colorado Fu1e and Iron Company to operate a Limestone Quarry on the edge of Deep Creek 8-78 A resolution of the Town Council authorizing the Town Manager to complete and formalize the agreement with Vail Associates for the conveyance to the Town of the pedestrian malls in the l~ionshead area; and setting forth details relating thereto 9-78 A resolution amending the development plan previously approved for special development District 6 to allow for exterior remodeling, change to the existing roof line and the addition of 4 accommodation unites to building No. 5, Vail Va11ag~ Iron. 11.78 A resolution authorizing the execution of a lease agreement between the Town of Vail and ILA Buckley, authorizing the lease of a portion of the lions Head Malls for use by a Popcorn Wagon. ~ 10-78 A Resolution of the Tawn Council vacating as easement and in substitution therefor, accepting another easement for pedestrian punposes across VailJLionshead, forth filing 12-78 A resolution of the Town Council authorizing the Vail Water and Sanitation Dlistrict to use two parcels of property owned by the Town of Vail for the enlargement of the sewa~a:treatment plant of the District; setting forth retails relating thereto. 13-78 A resolution accepting a dedication of parcel of real property to be used as a Public street from the Pu1is Ranch, a limited partnershipl and setting forth details relating thereto. 14-78 A resolution agreeing to issue revenue bonds of the Tawn of Vail to finance residential facilities far middle-income families or persons, to be developed by Pitkin Creek Park, Inc.,and authorizing the execution of a memorandum of aagreement in connection therewith between the Town of Vail and Pitkin Creek Park, Inc. ~~ 15-78 A resolution of the Town Council, Townof Vail, expressing the appreciation of the council, for itself and as representatives of the citizens of the Town far the service of councilman Bi11 H~imbach of the Town of Va i 1 16-78 A resolution of the Town Council relating to the access across United States Forest Service property to the Gondola I building to be developed by Vail Associates, Inc,; specifying the purpose of the ` project; setting forth technical requirements that wi11 be met; providing that the roadway permit f-morh the United States Forest 5ervic~e will be held by the Town of Vail and Vail Associates, inc. will construct and maintain the roadway under an agreement with the Town of Vail; stating that the project is necessary to protect the pedestrian area through '; the Vail Village Core; and setting forth details relating the the foregoing. 17-78 A resolution recognizing the members of Boy Scout Troop 230 and Cub Scout Pack 230 of Edwards-far the time they have donated to the Vail Nature Centre; and expressing the appreciation of the Town Council of The Town of Va i 1 18-78 A resolution of the Town Caunci1 designating October 24, 1978, as United Nations Day. 19-78 A resolution exercising the option and obligation of the Town Council to redeem certain of its Town of Vail, Colorado, street improvement District No 1 local improvement bonds, series October 1, 1976, prior to maturity ,and authorizing the mailingtand publication of notice thereof. 20-78 A resolution of the Town Council expressing its appreciation to Don Newcombe for his services to the State of Colorado and the Town of Vail and for his continued efforts to educate the public about the effects of al~ohb~1; designating the week of September 17 to 23 as Alcohol Awareness Week; and setting forth details relating thereto. 21-78 A resolution of the Town Council authorizing an amendment to the Town of Vai1's Pension Plan to conform with the requirements of the Employee Retirement Income Security Act of 1974; authorizing and directing the Town Manager to act as the agent for the Town of Vail with respect to said amended pension plan; authorizing and directing that the Town Manager sha11 submit the Amended Pension P1 an to the Internal Revenue Service for approval; appointing ~7ohn F. McNa11y to represent the town before the Internal Revenue Service and to act as the Agent for the Town with respect to the Internal Revenue Service in obtaining the necessary approval and qualification of this amended }pension plan; and setting forth details in relation thereto 22-78 A Resoliton of the Town Council of the Town of Vail recommending the designation of certain raadless areas within the Holy Cross Ranger District of the White River National Forest as "Instant", Wilderness; and the designation of other areas for multiple use purposes. 23-78 A Resolution accepting the dedication of a parcel of property from Elizabeth M. Webster;. and setting forth details in relation thereto. 24-78 A Resolution of the Town Council discharging the Town of Vail Housing Task Force and Expressing the appreciation of the Town Council for a job we11 done. 25-78 A resolution of the Town Council of that site known as The Gondola filing, Town of Vail; authorizing and on behalf of the Town Council documents, note and Deed of Trust documents or agreements necessary approving the agreement for purchase I site located in Vail Village First the Town Manager to execute for the purchase agreement, closing to Vail Associates, and any other for the completion of this transaction; i • ~r 26-78 A resolution of the Town Council expressing its opposition to proposition 2 to be voted on at the general election in November, 1978; and setting forth details relating thereto. 27-78 A resolution of the Town Council adlopting a Town of Vail Housing policy to encourage and promote diversity and housing withing t}~e Town of Vail and setting forth details relating thereto. ? 28-78 A resolution of the Town Council approving the Town's leasing of certain equipment; authorizing the Town manager to execute all leases, bills of sale or other odcuments to finalize said transactioon; directing the Town Clerk to attest to the Town Manager's signature and to affix the seal of the Town to all necessary documents. 29-78 A resolution of the Town council oi' the Town of Vail authorizing the granting of a franchise to Holy Crass Electric Association, Inc., for twenty years, commencing on January 1, 1979, and imposing an annual franchise fee of three percent ~3%), as more fu11y set forth in ordinance No. 49 series of 1978}; ag~^being to the terms and conditions of the resolution of the Board of Directors of Holy Cross; and setting forth details relating thereto. a a RESOLUTION NO. 1 Series of 1978 A RESOLUTION OF THE TOWN COUNCIL EXPRESSING ITS APPRECIATION TO THE HIGHWAY DEPARTr+IENT OF THE STATE OF COLORADO FOR THE OPENING OF THE VAIL PASS PORTION OF I-70 TO FOUR-LANE, DIVIDED TRAFFIC; FOR THE DILIGENT WORK DONE ON THE VAIL PASS PORTION OF I-70; AND SETTING FORTH DETAILS RELATING THERETO WHEREAS, the Highway Department of the State of ~~ Colorado has opened a portion of I--70 over Vail Pass to a11ow for four Lanes of divided traffic; WHEREAS, the Highway Department and the contractors working an Vail Pass have worked diligently to complete suffi- cient work to ailaw for four lanes of traffic over Vail Pass; WHEREAS, the Highway Department has designed a high- way system, reclamation and landscaping program, and construction approach to the Vail Pass portion of I-70 that has reduced the environmental impacts of the highway; WHEREAS, the highway system, reclamation and landscap- ing, and construction approach to the Vail Pass portion of I-70 has established a standard to be followed for future highway construction; WHEREAS, the opening of Vail Pass, I-70, for the 1977- 1978 winter travelers has made travel over the Hass safer and more expeditious' and WHEREAS, the attention to design and environmental impacts of the Vail Pass, I-70, has enhanced the travel experience; NOW, THEREFORE, BE IT RESOLVED SY THE TOj'~IN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; The Town Council hereby expresses its appreciation to the Highway Department of the State of Colorado for its diligence in completing sufficient work to open the Vail Pass portion of I-70 to four lane, divided traffic, in seeing that Vail Pass was open for the winter of 1977-1978, and for the care that was taken to lessen the impact of the highway on the environment. • ~` Res. Page 2 INTRODUCED, READ, APPROVED, AND ADOPTED, this 17th day of January, 1978. C~- Ma or ~ ~ ~ ATTEST: To C erk 1 a r RESOLL'TIO~d NO, p1 Series of ].978 A RESOLUTIONI OF THE TOWN COUNCIL ' ES'T'ABLISHING PEDESTRIAe'V MALLS ON BRIDGE STREET, GORE CREEK DRIVE FROM WILLOW BRIDGE ROAD TO A LINE WHICH TS THE EXTENSION OF THE EASTERLY BOUNDARY LINE OF TRACT G, VAIL VILLAGE FIFTH FILING ACROSS GORE CREE?C DRIVE (INCLUDING THE INTERSECTION OF BRIDGE STREET AND GORE CREEK DRIVE), EAST MEADOW DRIVE FROfZ 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 AD~TACENT TO THE CROSSROADS SHOPPING CENTER), AND HANSON RANCH ROAD FROM BRIDGE STREET TO A LINE WI-IICH IS THE EXTENSION OF THE WESTERLY BOUNDARY LINE OF LOT P-3, BLOCK 5--A, VAIL VILLAGE FIFTH FILING, ACROSS HA~TSON RANCH ROAD; MAKING THE DETERMINATIONS REQUIRED BY LAW; 8ET'I'ING FORTH PROPOSED REGULATIONS FOR USE OF THE PEDESTRIAN AZALLS BY VEHICLES; STATING THAT THERE WILL BE NO ASSESSMENTS FOR THE COST OF ESTABLISHMENT AND IMPROVE- MENT OF THE MALLS IN ACCORDANCE' WITH THIS RESOLUTION; SETTING FORTH THE MANNER OF PAYMENT OF COSTS AND CLAIMS FOR THE ESTABLISHr~ENT OF PEDESTRIAN MALLS; SETTING A PUBLIC HEARING FOR THE SUBMITTAL AND CO~~SIDERATION OF CLAIrRS FOR DA_NIAGES AND THE FIRST READING OF AN ORDINANCE ESTABLISHING PEDESTRIAN MALLS; DIRECTING THAT NOTICE B$' SENT OF SUCH HEARIi1G; AND SETTING FORTH DETAILS TN RELATION TO THE FOREGOING WHEREAS, the Planning Corlmission, Town staff, and the citizens advisory cammittee reco~nended that the Town Council establish certain pedestrian ma11s which would restrict vehicle travel thereon; WHEREAS, the Town Council adooted Resolution 17, Series of 1977, expressing its intention to establish certain ' pedestrian malls with limited vehicular use; WHEREAS, after notice was duly mailed, posted, and recorded, a public hearing was held by the Town Council on February 14, 1978, after being continued from December 20, 1977; WHEREAS, the written protests received from owners of lands abutting the proposed pedestrian malls represent less than a majority of the frontage of the proposed ma11; s Res. r ~'f Page 2 WHEREAS, it is the opinion of the Town Council that it would be in the public's interest that certain areas be used as pedestrian malls and therefore establishes the same; NO~V, THEREFORE, BE TT RESOLVED BY THE TOWN COUNCIL DF THE TOWN OF VATL, COLORADO, THAT: Section (1) The following streets and public ways within the Town of Vail shall be established as pedestrian malls with vehicular travel thereon limited in accordance with Section (4) of this resolution: {a) Gore Creek Drive from Willow Bridge Road to a line which is the extension of the easterly boundary line of Tract G, Vail Village Fifth Filing, across Gore Creek Drive; (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 Aortion of East Meadow Drive adjacent to and south of Crossroads Shopping Center); (c) Bridge Street; and (d) Hanson Ranch Road from Bridge Strf~et to a line which is the extension of the westerly boundary lane of Lot P-3, Bloak 5-A, Vail Village Fifth Filing, across Hanson Ranch Road. Only streets or public ways specifically referred to in this Resolution are established as pedestrian malls, and nothing herein shall be construed to establish or create any other streets ar public ways within the Town of Vail as ped- estrian malls Section (2) The intersections of East Meadow Drive and Bridge Street, Bridge Street and Hanson Ranch Raad, and Bridge Street and Gore Creek Drive shall be part of the pedestrian mall areas. Only intersections specifically referred to in this Reso- lution are established as part of the pedestrian ma11 areas, and nothing herein shall be construed to establish or create any other interesectian within the Tawn of Vail as mart of the pedes- trian malls. Section (3) Additional details of the mall areas and the included intersections are available at the office of the • Res. Page 3 Town Clerk and the Department of Community Development, Tawn of Vail Municipal Building, Vail, Colorado, during regular business hours. Section (4)(A) The pedestrian malls hereby established shall be primarily for the use of pedestrians, but vehicular traffic may use the same in accordance with the following restrictions: (a) East Meadow Drive, west of Willow Bridge Road, to Vail Road -vehicular traffic will be restricted to the following; (1} Public transportation vehicles operated by the Town; (2} Emergency vehicles; and (3) Repair ar maintenance vehicles authorized by the Town. (b) East Meadow Drive, east of Willow Bridge Road, to Gore Creek Road - vehicular traffic will be restricted to the following: (1} Public transportation vehicles operated by the Town; {2) Emergency vehicles; (3) Repair or maintenance vehicles authorized by the Town; and {4) Local traffic to the Vail Athletic Club, Mountain Haus and ~57ede 1 Inn . (c) Bridge Street, Gore Creek Drive and Hanson Ranch Road, as described in Section (1) above ~ vehicular traffic will be restricted to the following: {1) Public transportation vehicles operated by the Town; (2) Emergency vehicles, (3) Repair or maintenance vehicles authorized by the Town; (4) Commercial vehicles entering the mall when necessary for the purpose of making deliveries or providing services for properties fronting on the mall to which there is no other reasonable means of access; Res. P age ~ (5) Private vehicles entering the mall when necessary for the purpose of checking in or out o£ any hotel, pension or lodging establishment, or going to or from a private parking space owned by a hotel, pension or lodging establishment, as a guest thereof, picking up or delivering goods from or to establishments on the mall, or going to a private parking space in which the operator of the vehicle has permission to park from the owner of said private parking space, when there is no other reasonable means of access, and (6) Private vehicles entering the mall when necessary for the purpose of going to or from the property or business of the operator or passengers of the vehicle when there is no other reasonable means of access. Section (4)(S) The direction of vehicular traffic may be limited to one way on certain portions, and parking on the pedestrian malls may be limited to certain areas and for specified times. Section (4)(C} The restrictions on vehicular traffic in the mall areas, as herein specified or as may be finally adopted by the Council, are provided in order to insure reasonable access to the properties and businesses which require access from the public ways included in the malls, to provide access to and from private property and to protect the public interest. Section (5) All costs and expenses of establishing the pedestrian malls shall be paid by the Town, and no special assess- ment shall. be levied against the owners of lands abutting the pedestrian malls therefor. Section {6) No improvements shall be made to the pedes- trian malls in accordance with the establishment thereof. If in the future, the Council determines that the pedestrian malls should be improved, the improvements may be accomplished and financed in Re' • ~ P~e 5 g accordance with the Special Improvement ordinances of the Town or Statutes of the State of Colorado. Section (7) All monetary damages and costs and expenses related thereto that are allowed by the Town Council or a Court of competent jurisdiction shall 33e paid by the Town, and no special assessment therefor shall be levied against the owners of lands abutting the pedestrian malls unless levied against all real property within the Town. Section (8) There shall be a public hearing before the Town Council for the purpose of receiving and considering all written claims for damages from persons owning or having a legal or equitable interest in any real property which might suffer legal damage by reason of the establishment of the pedes- trian malls. Said public hearing shall be held at 7:30 p.m. on April 4, 1978, Council Chambers, Municipal Building, Vail, Co1o~- rado. The Town Council directs the Town Clerk to mail a copy of this resolution by regular mail to all persons to wham Resolution 17 was mailed no later than thirty days prior to the date of the public hearing. The public hearing may be continued from time to time by the Town Council. Section (9) Any parson owning or having any legal or equitable 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 April 4, 1978. Unless a written claim is made on or before the first reading of the ordinance estab- lishing the pedestrian mall, it will be late and, if late, will not be considered as it cannot be allowed. More details on the particulars of the information which must be included an the claim and other rights of property owners are contained in Colorado Revised Statutes, Section 31~-25406 (1973, as amended in 1975). ~^ i Res, Page 6 Section (10) The Town Council may adopt on first reading an ordinance finally establishing the pedestrian malls on April 4, 1978, or at the conclusion of the public hearing on claims. Section (11) The Town Clerk is directed to have this resolution published once in full in The Vail Trail news- paper nn later than thirty days prior to the public hearing on claims. INTRODUCED, READ, APPROVED, AND ADOPTED, this 14th day of February, 1978. 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K Y ~O rt v D m ff m M 0 n m rt a' w• m ~~ a a n ~ p m 7 r+ R ro K o M M t^J O +Q o m a a 0 m W A y M M H z O M ky M z •es r ~wr m~ r N w C r h CERTTFTCATE OF Pn5TITaG T- Dxana Toughill- Zoning Administrator of the•Town of Vail; do hereby certify that I caused to be posted a Notice of Intention to Establish a Pedestrian Mall which consists of a caption which reads, "Notice of Intention to Establish a Pedestrian Mall" in letters of bald type 1/2 inch in height, and a cony of Resolution No. 17, Series of 1977, and a Notice of Continuation of the Public hearing before the Town Council to February 14- 1978. The posting of the Notice was on each intersection of streets that are proposed to be made into pedestrian malls, and on and along each of the streets proposed for malls at intervals of no more than 300 feet apart. Further, I checked from time to time to insure that the Notices as posted remained posted and were visible. The pasting was done on December 15, 1977, '. V ay ' 7 ~ ~ .G~--[r7 i na Tough li , Zoning Adminis ator State of Colorado ) ) ss. County of Eagle ) Subscribed and sworn to before me this /yflt. day of ~Q~~!-e.L Lam.-e.~, , 19 7 8 , Notary Pub~ac My commission expires: A1y Car,:~a~?:::oh ~,.,_:°c~ J.^e 27, 1:~;~ . s s ~ PROTESTS I, Colleen Kline, Town Clerk, submit the following written protests to the establishment of the Malls, received by me on or before 7:30 p.m., February 14, 1978. 1. Herbert Glaser representing Talisman Condominiums. 2. 3. 4. 5. G. 7. 8. 9. 10. ~ • # i cLAZMs I, Colleen Kline, Town Clerk, have received the following notices of claims relating to the establishment of the Pedestrian Malls on or before 7:30 p.m., February 14, 1978: 1. Charles H. Cowperthwaite & Barbara Cowperthwaite - $1,000,000. 2. Robert T. hazier & Diane J. Lazier - $1,000,000. 3. Warner Newcombe & Diane Newcombe - $1,000,000. 4. Edelweiss Condominium Association - $1,OOO,fl00. 5. Kennard T. Perry - $1,000,000. 6. Mill Creek Court Condominium Association - $1,000,000. 7. Hanspeter A. Buhler - $1,000,000. $. Donna I. Grayson - $1,000,000. 9. Arthur G. Bishop - $1,000,000, 10. Vernon Taylor, Jr. - $1,000,000. ll. Vernon Taylor - $1,000,000. 12. Mary McLaughlin - $1,000,000. 13. Blanche C. Hill - $1,000,000. 14, A & D Enterprises, Inc. - $ 250,000. 15. Casino Partners, Ltd. - $ 250,400. 16. Vail Group, Inc. - $ 254,000. 17. Plaxa~ Lodge -- 1 504 400. 1$. 19. 2fl. -_ ~ i ~ ~ ~ COMMUNICATIONS GEtiERALLY I, Colleen Kline, Town Clerk, have received the enclosed miscell~aneaus communications concerning the estab- lishment of Pedestrian Malls on or before 7:30 p.m., February 14,.1978. 1. United Mortgage Company. 2. John L. 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R N ~ o ~ '' a fi `~ ~ rt 7 ~. ~~ m r o y ~ w r ~' " gu N W 4 y +, L p N 7 ~ ~ s { i ~. ~~ toNO of nail bcsx 100 vail, Colorado 81657 (3031 476-5613 MEMO office of the town attorney February 9, 1978 T0: Town Council FROM: Town Attorney SUBJECT: Public Hearing, February 14, 1978, for. the purpose of hearing protests on the estab- lishment of a pedestrian ma11 The Town Council has initiated the implementation of pedes- trian ma11s on the following streets: 1. East Meadow Drive, east from Vail Road to Willow Bridge Road and east from Wi11aw Bridge Road to Gore Creek Road, 2. Gore Creek Drive from Willow Bridge Road to approximately the Mill Creek Court building, and 3. Bridge Street. To officially establish pedestrian malls, the Statute provides for a three-step process. The first step is for the Council to adopt a resolution of intention to establish pedestrian malls. That was done by Resolution 17, Series of 1977. Notice is then given to ali affected property owners and encumbrance holders to allow them~to protest the establishment of the ma31s. Notice is given in a number of ways: 1. By publication in the Vail Trail. Resolution No, 17 was published three times prior to the original public hearing date on October 14 and 21, November 11, and December 9. After the public hearing was continued, Resolution No, 17 and the Nvtice of Continuation of the Public Hearing were published three times in the Vail Trail on the following dates: December 16, January 13, and February 3. There is in the f~.le of the Town Clerk proofs of publication for those publication dates. 2. Notice of intention to establish pedestrian malls must be posted on the streets and intersections that will comprise MEMO TO Town Council/FROM Town Attorney February 9, 1978 Page 2 , the proposed pedestrian malls. That posting was done on December 16, 1977, and a certification of posting has been signed by Diana Toughill and is on file with the Town Clerk, 3. The Resolution must be mailed to each person owning all or any portion of the fee interest or an encumbrance holder for all properties abutting on the mall. TransAmerica Title Company conducted a title search and provided to the Town a complete set of instruments and documents fvr each piece of property abutting on the mall, from which a list of owners and encumbrance holders was prepared. A certificate from Trans- America is on file with the Town Clerk. From the list of owners and encumbrance holders a copy of Resolution No. 17 was sent, certified mail, return receipt requested, to all owners of all or any portion of. the fee interest and encumbrance holders for properties abutting on the mall. After the public hearing was continued, a copy of the Notice of Cont~.nuation of the Public Hearing was also sent to all owners and encumbrance holders. A certification of mailing has been completed by Diana Tvughill and is on file with the Town Clerk. The mailing of Resolution 17 occurred on December , 1977, and the Notice of Continuation of the Public Hearing on December 1977. 4, No less than 60 days prior to the hearing, a copy of the list of all owners and encumbrance holders with a public notice must be filed with the Eagle County Clerk and Recorder along with a copy of the resolution of intent to establish the malls. That list of property owners and encumbrance holders, Resolution 17 and the Notice of Continuation of the Public Hearing were recorded in the Eagle County Clerk and Recorder's office on December 16, 1977. Step 2 is the holding of a public hearing for the purpose of receiving protests. The Council is presently at Step 2,~ and that will be the public Yrearing to be held February 14, 1978. On or before the date of the hearing, any interested person may file a written comment with the Town Clerk to be presented to the Town Council. At the hearing the Council will receive all written protests and oral responses from interested parties, If owners of abutting lands representing a majority of the fron- tage along the proposed mall have filed written protests, the Town Council must either stop the proceedings and not implement the mall or hold an election for all registered voters in the Town of Vail, to determine if the malls should be implemented. ' Tf a majority votes yes for the malls, the Town may proceed, but no assessments may be made for the cost of the malls unless ~.t is assessed against all property owners within the Town of Vail. If there is not a majority voting in favor of the malls, the process stags, and the malls cannot be retained. At that M~~ • • ~_ TO Town Council/FRAM Town Attorney February 9, 1978 . Page 3 time, nothing further may be done for a period of one year. If the protests represent less than a majority of the owners with frontage on the malls, the Council may adopt a resolution establishing the malls which sets a time for the filing and hearing for claims far damages resulting from the implementation of the proposed malls. When the Council receives and considers protests, it is bound to consider only written protests that have been filed with the Town Clerk or the Town Council at the hearing. The third step in the implementation of the malls is to receive and consider claims for damages filed by persons who believe that they would be damaged by the implementation of the malls. The resolution submitted to the Council at the public hearing on protests proposes April 4th as the public hearing date on claims. After that hearing the Toxin Council. may adopt an ordinance finally establishing the malls and setting forth the rules and regulations concerning the use of those malls. /5]m ' , ~a~q . L! d w ~+ I~ 11 ~+ ® f,~~ : ~ f^: ~' . ~~ ~ a m ~ O _~ ~ y O ~0 A m~ ~ ~ o .+, K ro 0 A .•~' m e so 9 ~ b c r r~ ~ ~ ~, N '~ ~« \Z m [' \ '.n ~d ~ ~ ~ I C ~ \'~ __ n ~A h a i ~ °. ~ y h ~~pp ~ ~ m e`f 67 d' f1 `"; ~ ~ ~ ~ f° 4 # m ~ ~ ~ ~ q ,~ ~. ~ ~, ~ ~ ~ a ~. ~* ~ ~ `~ . Q. ~ y ~ C ~. 7 ~ ~ O ¢ ~ o 9 ~ ~V n A ~ R n ~ • •" L ~ m ~ Q. E m ~ ~ c ` ~ ~ ~ ~ ~ ~ ~ r a '~ o C7 ' ~ c • ~ ~ r + O. ~ I ~ G co m ~ b fa. ~ O ~ r" ~ o ~ ,~ ~ ~ . m ., ~ ~ ' a ~ A ~ ro c . . y ~• ~ rZ• ~+ ~. ~ VI Q m ~ a~a~ w~•a.~m a.?. ~,~~ R.~ r ~~ ~~~ ~ ~ ~F °~~~.a m ~o O :. a 7' ~ (' y~m~~oc S O. y y Q~ Oo A~ "' a~ Cn0 ro ~'p G.fOy~U .~~ ~^~YoioFC~.°7 t*1 ~ ~. y C ~ 5' w . m m C" a~ m ~ r.x~o'a ~ y ~+ ~ ~- ~n.~ ~ o,~ a•~ R i1' R ~ ~ R, ~'B ego `D ~ ~ ~ ro :tt O d m '~ p ~ ~ a4 ~ ~. ~ ~ tD y ~ ~ ~ Al ~ Ti ~ ~o"m ro ~ ro~ `< ~ ai ~ a.. so ~ A a s~o '-C °~ d rp ~Q-n ~ rQ„ ~ nY~c~~4A;nnm-+~mnnc ~~xmo~~~~~zmoAH< ...W~~ oAZNDDx.mx~m nZ~mvo~ ~jm~yn.~k Q._ o~pplx~wZAQga U~~i~{m~rzomz~° Dm~p~p i O~mz-+p=i 2 OO-~DOm ~~zzi~Qm ,~^~~°~~z ym~ rZmllln ~Oxr~y^•'•.Z,i 3-xis.; `~~~z~bmz~c~<~'i VlSDOZ~ x,S:~.f mAn~, z~~FOz... mm~am.°i ROnZxA~ Z~S~mm-~ OrnrnQ~~T omm~tnxrzn°~h<y~.r.,m a. 0 a A .7~ ~C i ~r a Irl C H ~ ~ ~ o O ~ ~ n ~ ~ 0 ~ C O y ~~ O n7 0 '*7 C Gy r y O z • ~ CSlahll~.heU as peBestrlan malls wlln vehkuiar travel thereon limited to accordance with Section 4 of thle resolution: fay Gare Croak prlve from Wlllow 8rldpe `- lioad to a'Iine which ie.the extenston of the .~` :'atleterty` boundary Ilfk~ °+"~iatt'~8,'-Yell} yilla4B':Fifth:zFfl~n ~~a;~G~aek;~ ,~tiLCT10N' tlC:=~.1'he. vehicWar traffic 1n fl+tl m ' apecifled or s4 mall 6e flp Gounclt, ~. en provfde+~: i , ~e..nn.l~in aeeeea.•tOli the by tl be'. other 1 as part ~ iJJN eve the ~- (51 Privsh vefikles tlnlerirt0 ~l when neeeaserYlor ~ purpotd t in et" out of any hoteii peneio~ ar o•twhushrwent, ar aotntt t0 ol`.Itbm + eetabllafirriente~8?I'tfie malh or pot prlvaje parkitip space In which the c ~•at the vehlela has,pgrntlsll(In to ppa -the owners 8}• sold 'prWpts parkins 'when there le,po other mlallty of aqu ial•. f'rivata •vahtclite:'ehtlrfnq:ch when necestary,,for,dha:purpas~.of or from ;this ptdper(y: er#1wAlnbst opera(dti' or pa9ltlngern ol. iits,Vehit !here its tto olhes~ `:y`eawneble`~n SSCTiON:<tl.' he'dlrgeti0ts'8t'3ti iraff IC may ba ilrr~ted tO.One Way d portions, and parlclnp on the,p+ mslle may be limited toterfaln,tli for speclf ad.llmee;•„': x.:, t ,'. ^' . 1 ~ ~ ~ RESOLUTION NO. Series of 1978 A RESOLUTION OF THE TQWN COUNCIL ESTABLISHING A PUBLIC/PRIVATE JOINT VENTURE PROGRAM FOR THE JOINT FUNDING OF CAPITAL IMPROVEMENTS; SPECIFYING ELIGIBILITY OF CAPITAL PROJECTS, APPLICANTS AND COSTS; DETERT~IINATTON OF FUNDING BY THE DESIGN REVIEW BOARD AND PLANNTTdG COrTMISSION; LIMITING PROGRAM TO ONE YEAR; AND SETTING FORTH DETAILS IN RELATION THERETO WHEREAS, the Town Council has previously set aside $25,000.00 to be used as the Town`s share of joint capital improvements projects; and WHEREAS, the Town Council wishes to set forth the procedures and regulations for said program; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1} There is hereby established a public/private joint capital improvement program. {2} The Town of Vail's funding of the faint venture shall be $25,000.00. (3} The Town shall provide partial funding for public or capital improvements projects ors/private property that serve the community's needs. Such projects may include (but are not limited to} landscaping, beautification, cleaning up of trash ar unsightly areas, drainage projects, resolution of ice over- hangs, lighting, improvement of pedestrian ways, and public recreation amenities. Any capital improvement which has been required as part of an approved site plan and has been reviewed by the Design Review Board shall not be eligible for this joint venture program. (4} Any person or entity paying real or personal property taxes to the Town of Vail may apply for participation in the joint venture program, and any tenant or manager who has the authorization of the property owner may apply for partici- pation in the name of the property owner. Res. Page 2 (5) The Town's share of the joint venture project's funding shall be determined by the Planning Commission as provided in paragraph {7} below. Application farms shall be provided by the Department of Community Development. At the time an application is filed with the Department of Community Development, the applicant shall attach thereto a proposed cost budget for the project (which may include design, archi- tectural and engineering costs) and the proposed public/private shares. (6) For approved joint venture projects, the Town will reimburse the applicant for its share of the project expenses after the completion of the project. The Town's share shall be a percentage of the total project cost up to but not to exceed a maximum amount. The applicant shall document the project expenses by submitting to the Town bills, receipts, or invoices for the project expenses or such other information or documentation as may be reQuired by the Town. (7) Applications for participation in this program shall be submitted to the Department of Community Development. The Town of Vail staff shall review all applications and shall then submit to the Design Review Board all applications and recommendations relating thereto, The Design Review Board shall then review the applications and the staff's recommendations and make recommendations to the Planning Commission as to the pro- posed projects that the Town should participate in and the amount of the Town's share in each recommended project. The Planning Commission shall review all applications and reports and make a final determination of the projects to be funded and the amount of the Town's share. The evaluation of the proposed projects by the staff, Design Review Board, and Planning Commission shall be done on the Project Evaluation Farms hereby approved. The areas of evaluation being: (a} project location and visibility from public rights-of-way; {b) type of project; (c) general design quality; ~. Res. Page 3 (d) seasonal use of project; (e) energy and resource conser- vation; and (f) ease of maintenance. In addition thereto, project cost and proposed cost division between the Town and the applicant shall be considered. (8) The Town shall not pay or be responsible for operating or maintenance costs of the project after the initial construction costs. (9) This joint venture program is for the year 1978 and is intended as a pilot program. At the end of 1978, the Town Council shall review this proclram to determine its via- bility, effectiveness, and whether it should be continued. INTRODUCED, READ, APPROVED, AND ADOPTED, this 21St day of March, 1978. Ma~ f~ ATTEST: Town Clerk • ~ ` PUBLIC/PRIVATE ,TOINT VENTURE AGREEP'IENT THIS AGREEMENT, made this day of 1978, by and between the TOWN OF VAIL, a Colorado municipal corporation (hereinafter referred to as "Town"), and (hereinafter referred to as "Property Owner"). WITNESSETH: WHEREAS, the Town Council, by Resolution No. , Series of 1978, approved a public/private joint venture capital improvement program; WHEREAS, the Planning Commission has reviewed the applications for participation in the joint venture, and the property owner herein was approved for participation, NOW, THEREFORE, in consideration of the promises, covenants and agreements herein contained, the parties agree as follows: (1} The Town and the Property Owner sha11 jointly share in a joint venture capital improvement project as approved by the Town of Vail's Planning Commission on Said project shall consist of (2} The joint venture project sha11 be constructed in accordance with plans submitted to and approved by the P1an- Wing Commission. Modification thereof shall occur only if approved in writing by the Department of Public Works and the Department of Community Development of the Town of Vail. (3} The Planning Commission of the Town of Vail approved this proposed project on In accordance with that approval the Town's share shall be ~, up to but not to exceed $ , of the costs and expenses of the approved project. • "' JOINT VENTURE AGREEMENT Page 2 (4} Construction costs shall be documented and submitted to the Town for reimbursement after the project has been completed. (5) Operating and maintenance costs shall be the responsibility of the Property Owner. The Town shall not be responsible for or share in said costs after the initial con- struction. If the public/private project as approved by the Planning Commission and hereby contracted for is to be partially constructed on Town of Vail property, the private Property Owner agrees to be responsible for operation, maintenance and repair of the project after completion thereof. {6} The Property Owner shall provide to the Town documentation of the project costs and expenses as may be required by the Town. The Town may recxua.re an audit of the project's expenses, provided, that any such audit shall be at the sole expense of the Town. EXECUTED on the day and year first above written. TOWN OF VAIL, COLORADO PROPERTY OWNER By: Town Manager ATTEST: Town Clerk Y RESOLUTION NO. Series of 1978 A RESOLUTION OF THE TOWN COUNCIL AUTHORIZING THE EXECUTION OF A CONTRACT OF SALE BETWEEN THE T0~?N OF VAIL AND PAUL SAMPSON FOR THE PURCHASE OF A PARCEL OF PROPERTY KNOWN AS THE "KING ARTHUR'S COURT PROPERTY"; WITH A PURCHASE PRICE OF $145,000.00; AND AUTHORIZING THE TOWN MANAGER TO EXE- CUTE THE CONTRACT FOR AND ON BEHALF OF THE TOWN AND THE TOWN CLERK TO ATTEST TO THE SIGNATURE OF THE TOWN MANAGER; AND SETTING FORTH DETAILS IN RELATION THERETO WHEREAS, the electors of the Town approved the issuance of bonds for the purchase of the King Arthur's Court property from Paul Sampson on October 4, 1977; WHEREAS, the Town Council by Ordinance No. 31, Series of 1977, authorized the issuance of $200,000.00 in C,eneral Obligation Bonds to be used for the purchase of the King Arthur's Court from Paul Sampson; WHEREAS, a Contract of Sale has been agreed to that provides far a bargain sale from Sampson to the Town of Vail of the King Arthur's Court property; NOW, THEREFORE, BE ZT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VA~L, COLORADO, THAT: (1) The Contract of Sale for the purchase and sale of the King Arthur's Court property from Paul Sampson to the Town of Vail, attached hereto and identified as Exhibit "A", is hereby approved by the Town Council. (2} The Town Manager of the Town of Vail is hereby r authorized to sign said Contract of Sale for the Town of Vail, and the Town Clerk is authorized to attest to said signature and to affix the seal of the Town of Vail to the Contract. IAITRODUCED, READ, APPROVED, AND ADOPTED, this 21st day of March, 1978. 4~ ATTEST;, M or / Town Clerk i; ` ~ EXHZB~ "A" CONTRACT FOR SALE AGREEMENT dated this day of , 1978, between PAUL SAMPSON (herein "Seller"} and the TOWN OF VAIL, Calorada, a Colorado municipal corporation (herein "Purchaser"). WITNESSETH: 1. Interest Purchased. Seller agrees to sell and convey, and the Purchaser agrees to purchase and pay for real property and easements described in Exhibit A, attached hereto and made a part hereof {herein the "Property"}. The Property is sold and shall be conveyed subject to all matters in Exhibit A. 2. Purchase Consideration. The purchase price shall be $145,000.00, payable as follows: (a} $100.00 by Purchaser's check for that amount delivered to Seller upon the execution of this Contract of Sale, receipt of which is hereby acknowledged. (b) $41,900.00 sh'al1 be payable at Closing Date. (c) The balance of the purchase price, $103,000.00, shall be evidenced by Purchaser's promissory note (the form being that as per Exhibit B), payable in three (3} annual payments of $41,053.74 each, beginning one year from Closing Date, which shall include interest at the rate of 9~0 per annum from Closing Date, with final balance of accrued interest and principal to be paid on the third anniversary of Closing Date. The said promissory note will set forth that in the event an annual payment is not timely made the Seller will have to give written notice and a fifteen {15} day grace period from the date of the notice to make such payment, and' then if thre is a failure to make the said payment within the grace period, the Purchaser will then be in default. 3. Merchantable Title. '(a) Seller, at his expense, agrees to furnish to Purchaser, on ar before March 15, 1978, a title insurance • ~ . • commitment, covering all of the 7.and and the easement in- chided in the Property, from a title insurance company authorized to do business in the State of Colorado, binding said company to issue. its regular form of owner's title in- surance policy in the amount of the purchase price to Pur- chaser. (b) Yf Purchaser shall assert the existence of any encumbrance, encroachment, defect in, or objection to title, other than those set forth in Exhibit A, which shall render the title unmarketable and which Purchaser does not waive (herein "defects of title"), notice of such defects of title shall be delivered to Seller on or before Closing Date . and Seller shall be entitled to an adjournment of Closing Date for a period not to exceed 180 days in which to remove or cure all such defects. (c) If Seller shall fail to render title marketable, subject to the matters set forth in Exhibit A, an or before the adjourned Closing Date, Purchaser may either elect to waive said defects of title or to terminate this agreement. If this agreement shah. be so terminated, that portion of the purchase price then paid shall be returned to the Purchaser and neither party shall have any further liability to the other. 4. Closing Date. The transaction shall be closed at 10:x0 A.M. on March 33., 1978, at Vail,, Colorado in the Office of the City Manager. 5. Taxes. General taxes far 1978 (based on latest assessment and levy) shall be apportioned to date of delivery of deed. 6. Special Assessments. Purchaser sha11 pay that portion of special assessment taxes now due in the amount of $487.51 plus interest at 9.3~ percent from June 30, 1977,. to date of closing. Purchases sha11 be responsible for the pay- ment of the balance of the assessment. Page 2 ~. Closing Documents. on Closing Date, the trans- actions described below shall occur simultaneously: (a) The Seller shall execute, acknowledge and deliver a general warranty deed conveying the Property, sub- ject to the matters set forth in Exhibit A. {b} Purchaser shall pay the additional cash portion of the purchase price of $~l,9QQ.Q0 by check or checks of the Town. (c) Purchaser shall execute and deliver to Seller the note referred to in Paragraph 2(c). ' {d) The parties shall. execute and deliver such other instruments and take such other action as may be neces- sary or advisable in order to pezform their respective obli- gata~ons hereunder. (e) Purchaser shall furnish a certified copy of Resolution of the Town Council authorizing the execution and delivery of this contract and promissory note as backed by the full faith and credit of the Town of Vail. The note shall not permit prepayment before maturity date. 8. Possession. Possession and use of the Property shall be delivered to the Purchaser at closing, subject to matters in Exhibit A. 9. Defaults. Time is of the essence hereof. In the event Seiler defaults or Seller or Purchaser breaches any term to be performed by said party, the injured party sha11 be entitled to Specific performance. 10. srokers. Seller and Purchaser represent that they have not dealt with or employed any brokers, agents or finders in connection with the origin, negotiation or per- formance of the sale descra.bed herein. The services of Don Walker will be paid by Purchaser and Seller shall have no obligation therefor. 11. notices. All notices under this agreement shall be given by registered mail. directed as follows, or by Page 3 • written notice as follows: (a) zf intended.far Seller, Paul. Sampson, Box 100, Freedom, idew Hampshire 03836; (b) If to Purchaser, Town Manager, Town of Vaal, P.O. Box 100, Vail, Colorado 81b57. 12. Miscellaneous. (a) This instrument and the attached exhibits contain the entire agreement between the parties relating to the sale and purchase of the property. {b} This agreement sha11 bind and benefit the parties hereto, their respective heirs, personal representa- fives, successors and assigns. (c) The obligations herein imposed on Fur- chaser and Seller under the provisions hereof shall survive the closing of title and the delivery of the deed, the note, and other documents. l3. Bargain Sale. The parties hereto acknowledge and agree that the purchase price of $145;000.00 is substan- tially less than fair market value of the Property, which Property has heretofore been appraised at the request of the Town by W. A11an MacRossie, as of October 1, 1978, who certi-~ fies that his opinion of value at $220,000.00, a copy of which appraisal has been delivered to Seller, and the parties here to further agree and acknowledge Seller"s gift to Purchaser as a result of the bargain sale in the amount of $75,0©0.00, which is the difference between the appraised value of the Property and the agreed purchase price of $145,000.00. Pur- chaser agrees and acknowledges that the Gift is made exclu- sively for public purposes and that Seller may utilize the contribution deduction which may be available to him for in- come tax purposes. Page ~ .~ • i IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed as the day and year first above written. PAUL SAMPSON, Seller ATTEST: TOWN CLERK TOWN OF VAIL, a municipal corporation, Purchaser ~~ TOWN MANAGER STATE OF NEW HAMPSHIRE ) 5S. COUNTY OF ) The foregoing instrument was acknowledged before mE this day of 197$, by PAUL SAMPSON. Witness my hand and official seal. {SEAL) My Commission Expires: STATE 0~' COLORADO ) ss. COUNTY OF ) Notary Public The foregoing instrument was acknowledged before me this day of , 1978, by Terrell J, Minger, as Tawn Manager and Attested to by Colleen Kline, Town Clerk, both of the Town of Vail, Colorado, a municipal corporation. Witness my hand and official seal. {SEAL) My Commission Expires: Notary Public Page 5 SCI~EDZ~ A--Continued • ~ 2 Covering the Land in the State of Co}orado, County of Eagle Described as: A parcel of ].and situated in the 5E ~ of Section 12, T5S, R$OW of the 6th P.M. Eag~.e County, ,Ccslorado more particularly described as follows: Beginning at a point on the South line of said Section 12, whence the Southeast corner of said Section 12 bears S 89°53'24" E, 532.DD.feet said point beinq•common with a .parcel conveyed to JACK A. WITKIN and recorded in Book 211, Page 520 Eagle County records; _ Thence N 89053'24" W, 335.25 feet to a point on•the Northerly sine of Juniper Lane said point being on the arc of a curve to the left having a~radius of 185.00 feet and a chord bearing N 74048'48" W, 96.260 feet; Thence on the arc of said curve 97.38 feet to the P.T. {point of Tangency); Thence N 89°53' 24" W, ].61.61 feet to a po~.nt on the East line of Meadow Drive, said point be~.ng on the arc of a curve to the left having a radius of 108.10 feet_ and whose-long chord bears N 30~ 55'23" W, 111.96 feet; Thence on the arc of said curve 117.10 feet to the P.T.; f Thence N 62004'00" W, 248.64 feet to a point on the Northerly line of Meadow Drive; Thence N 27056'00" E, 482.1D to a point on the Southerly line of said Witkin parcel; Thence S 88007'38" Thence S 68015'2?" Thence S 43°58'05" Thence S •19°51' 52" Thence S 09002'44" Thence S 67026'02" of Eagle, State of E, E, E, E, F. , E, Co 43.83 feet; 274.54 feet; 178.88 feet; 195.00 feet; 203.85 feet; 123.29 feet lorado. EXCEPT the following parcel: to the point of beginnina,,County A parcel of land situated in the SEA of Section 12, Township 5 South, Range 80 West of the 6th Principal Meridian, more par- ticularly described as follows: Beginning at a point which is the SE corner of Section I2, Township 5 South, Range SD West of the 5th Principal Aieridian: thence N 89053'24" W 867.25 feet to a point on the arc of a curve; thence N 74048'36" W along the chord of the curve 96.26 feet to the true point of beginning; thence N 89053'24" W 161.61 feet; thence along the arc of a curve which subtends a chord bearing N 31° 02'00" W 111.46 feet; thence N 62004'00" W 150 feet thence N 27056'00" E 117.40 feet thence S 62004'00" E 368.43 feet; thence S 27056'00" W 99.43 feet to the true point of beginning. . * • EXHIi31T B 5103,000.00 Vail, Colorado, March 31, 1978 Three (years?, and in installments, after date, for value received the Town of VaiE promises to pay to the order of Paul Sampson at the office of Pau! Sampson at f3ox 100, Freedom, New Hampshire 038~G, one hundred three thousand and no/!00 dollars, with interest at the rate of nine and ane--half (9-I/2) percent per annum, payable in annual instailments of 541,053.74 each of principal and interest, commencing an P~larch 3!, 1979, and on ~•larch 31st of every year thereatter, with the final balance of principal and accrued interest to be paid on March 31, 1981. There is a grace period on each said installment. If an installment payment is not timely made the payee will have to give written natic~: to the maker and maker shall have a fifteen--day grace period from the . date of the notice to make such payment. if there is a failure to make the said payment within the grace period, the maker will than be in default. Notice shall be deemed given when mailed by certified mai! to the Town P9anager, Town of Vail, Box 100, Vail, Colorado 81557, or to such other address as the maker shall designate in writing to the Payee from time to time. No prepayment of any installment she!! be permitted. !T !S AGREED that if this note is not paid when due or declared duo hereunder, the principal and accrued into rest thereon shall draw interest at the rata of nine and one-half (9-I/2) percent per annum, and that failure to make any payment of principal ar interest when due or any default under any incumbrance or agreamen~i' securing this note shall cause the whole Hate to become due at once, or the interest to be counted as principal, at the option of the holder~~of the note, If this note or interest thereon is not paid when due, or suit is brought, maker agrees to pay a!I reasonable costs of collection, including a reasonable sum for attorney's foes, and if foreclosure is made by tho Public Trustee to the COSt of foreclosure. T04~~~d al- VA I L, Cot_ORADo BY: Town Manager DUE : r~ia rch 3 I , 1981 .~ • ' ' p y~_ 3 3 y TH S' ~~. ~`~~ ~ ~ o a "~ G. m ~ O ~ ~ ~' o 0 m m ~m I ~ o+ R ro ~, ~ w ro a e s ~ ~ ~ ~, ~'~: ~~ w a. a o w C d m ~ t~l ~ ' ro ~ o w y sp ~ .,. ~ ~ c~'v p ~ m ro ~ p ~ O a. ~ ~ n ~ ~ ~ er m ~ , ~ `~ o ' ~ ~ ~ `'" ~ ~ m ` ~' ~ T o~ ~~~.m ~o_ 3 H (D ro p 7 h d ~ ~ ~ ~ [! 4 m y '* . ~ p i. m a C ~~~ ~ ' ~' r" '~ m ~ ro ~ ie ro R~G7. c `C ~ ~ ~ eC 7' ~ o m ~ , ~ o ~ a. w ~ ` ` m o ~:m ~~ p F o m ro ~ ~ va ~ w .'t p ~. n w ~ ~ ~ ~ `a ~ ~ ~ ro ~ ~ a' pf . T er +-ti ~ R w m a n O G ~' • m ' ~ ~ ~~ ~~ ~ ~ r. ~ p t9 "~ ~ o~ ~~ n „ w ~; o ~ ~ ``" C `C , ~' ~' ~ C m m ~ ~ ~ ~' ~ f0 ~ C "~' ~ ~ ~'~~ R R _ .7'fp m ~ :S p W '~ ~ 'CI ~ ~ ~ ~ o ,a nd ~do'~'~~ K ro ~ ~ ~ ~ ~ . w r'3' IL fC ~ ~ R 'S' r'~ ' "j' C ro p ro m w '~ ~ ro a ~'h ~ C ~ C R ~ f1. !A ~ `1' ~ ~ Al G ~ p~ m G. y? o r ~ .~ ~ ~ w y e* LJ ~ m .~.... ~ ca ~. p~ m 'G O ~ F ~ ~ ro ~ ~y d ~ C. ~ m 'D w w ? .. m ~ w rn ~ ~ . , M ~ ~ '~ `~ ti N y~ Q..R.. 67 ~ i.y ~ ~ ~~0~~.~ro~~ ~ ~ ~ ~' ro to ~' m ~ '~'; ~ a c+ p ~. ~ ~ ~a~wO~~~ ~ w m r. .., . x ~ ~ '~ ~ ~"~ z y H ~ Q 0 ~ ,'~ C~ k~! a o ~ ~ ro ~ C ~• O ~ O ~- ~--- o C r_ C] O z i~ ~ ~* G f] ~ "~ ~ ~ ~ o ~' o ~ a ~+ . ° o y o R. 0 ,~ K r e~p r ~1 I~_ ~ c n 8 a A o e m A a d a ~ ~ ~. ~; w 0 r c `.~ pp ~ C "r3 pp ~ ~ ~ ~ ~ H 0 ~ f .'^.. ~ n ~ ~' ~ ~. °° w ~• a ~' ~e o .. '~ ~ Fo .. ~° a,. ° a ~~~ a m ~ * ~ ~ ~. ~,~ w ~ ~ A a ~ ~' ¢ p, ~° ~o~ ~; ~ O. ~' :^. ~ ~ ^. G7 ~ ~ C n 'C ~ ~ O n ~ ~ ~ ~,'' ^ ~ 36 ~ c ~ ~ trs~... d ~ ~ ~~"~ A R G O te ro ~. ~ ~ C w ~ ~+ ~ a m ~ Q °~~ Q,~ ~ ~ o. f7 `O ~ ~ a g . ~ - emr rt ~ "` ~ ~ t~a ~ ~~ fD •e ~ fl. r m ~ [ ~ . ~e ~ ' ' a m o m k~ ~. a' O ~ ~" ~ t" ~ A ~ ~ A 3 A Kr. M~ ~ a ~ '7 N ry ~ .d " ''T l R y m ~ '7 C C. '~. F. ~ ~ R ~a• ~ ' '~ co a ° ~i H ~ R r-n~ ~R~e° ~ " fD O. o . ~. a ~~ ~ ~ ~ ym ` ~ ~ 4 ^! O '.' W. e~ A ~ F• ~ ` tp ~ ~ N ~ ~T a ~ I ro ~ ~ ~ Q ~ ~ N ~ ~ N W b O+" "_-p~_ m _ ... [j .. . - rf ' eh m .~l1 ~ ~ ~ ~ ~ ~~r ~ m ~~~ O 'S3 LT $ SAD n ''~' '~' M r r e9~ ~ ~ PP ~ ~ .~ y ~ ~ ~ ~ ~o ~ a a ~ a m ~ ~ p ° o m ° ~ ~ . , , , ~ . [ y y ~ ''~ O ~ (7 ~ O ~ O ~ ~, vwV Q "~ ~n Cb r n z • • ~ RESOLUTION NO. Series of 197$ A RESOLUTION OF THE TOWN COUNCIL STATING ITS SUPPORT FOR THE ASSIGNMENT OF A NEW VHF TELEVISION CHANNEL TO GLE?~TWOOD SPRINGS, COLORADO, AND URGING THE FEDERAL COMMUNI- CATIONS COMMISSION TO ADOPT A RULE TO THAT EFFECT WHEREAS, the communities of Garfield, Pitkin and Eagle Counties da not have access to local television service; WHEREAS, the three above named counties of the Tri- County Region are bound together by the Region's unique geo- graphy and common interests; WHEREAS, the Tri-County Region is experiencing rapid and stable population growth and economic development; WHEREAS, local television service is necessary to provide the people of the Tri--County Region with a local source of news, public affairs, informational and entertainment pro- grams; to provide the local governments and civic and community organizations with a valuable outlet to the communities they serve; to provide the commercial community with the most effect- ive means of communication available for purposes of advertising and public service; and, to provide the substantial recreational population with a vital source of information concerning regional and local activities; and WHEREAS, Glenwood Springs, the county seat of Garfield County, is an appropriate and convenient location far a tele- vision station serving the Tri--County Region; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The Town of Vail supports the assignment of a new VHF television channel to Glenwood Springs, Colorado, and urges the Federal Communications Commission to adopt a rule to that effect; to provide a first local television service to the Tri-County Region of Garfield, Pitkin and Eagle Countie.. ' ~i ~ ~ _ Res. ~ Page 2 INTRODUCED, READ, APPROVED, AND ADOPTED, th1S 4th day of April, 1978. never, f ~~ ATTEST: r TovtuY r r ., ~Y a ~(~~, :-, RESOLUTION NO. Series of 1978 A RESOLUTION ACCEPTING A DEDICATION OF A PEDESTRIAN EASEMENT FROA4 LEIGH H. NORGREN AND COMPANY; AND SETTING FORTH DETAILS RELATING THERETO 34~..L09~ B U 0 K.........I...~~.k``, PAG f,.....~~..1..~ J~NNN~TT: ~HILE.f~:~ EAG~.~ ~1'Y. ~i~C4RDEf, ~~.P Z ~ 49 ~'~~ WHEREA5, in a settlement for a lawsuit between the Town of Vail and Leigh H. Norgren and Company, concerning a pedestrian easement across Lot 5, Block 6, Vail Village First Filing, Town of Vail, Colorado, Leigh H. Norgren and Company proposed a stipulated settlement and conditional dedication of the pedestrian easement; and WHEREAS, the Town Council is of the opinion that the stipulated settlement should be accepted and the deed of dedi- cation accepted upon the terms and conditions expressed therein; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The deed of dedication which is attached to this resolution as Exhibit A, is hereby accepted, including the conditions imposed upon said dedication. Section 2. The Mayor is hereby authorized and directed to execute the acceptance of the dedication far and an behalf of the Town of Vail, and the Town Clerk is authorized and directed to attest to the Mayor's signature and affix the Town seal to the acceptance of the dedication-. INTRODUCED, READ, APPROVED, AND ADOPTED, this 18th day of April, 1978. ~/, _. /,~~ ~~ ~ayOr / 1 ATTEST: i ~.G~`~~ ~~9~ Town Clerk ~~ .. . EXHAB I'F A DEDICATION KNOW ALL MEN BY THESE PRESENT: LEIGH H. NORGREN & CO., a partnership (hereinafter called "Norgren"}, is the owner of that property described as Lot 5, Block 6, Vail Village First Filing, Town of Vail, Co1o- rado, and Norgren intends to, and by these presents does hereby, dedicate to the TOWN OF VAZL, a Colorado municipal corporation (hereinafter called the "Town"), its successors and assigns, a pedestrian easement over and across the southerly 20 feet of Lot 5, Black 6, Vail Village First Filing, as shown on the recorded plat of Vail Village First Filing, TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise appertaining, PROVIDED AL[~TAYS, that this dedication is expressly made and accepted subject to the fallowing express conditions, provisions, restrictions, and covenants (hereinafter referred to as the "conditions hereof") which shall apply to and bind the Town, its successors and assigns, namely : 1. The easement shall be used, held and maintained for pedestrian purposes, subject to existing or recorded easements; and 2. Improvements necessary, desirable or convenient for the provision and maintenance of pedestrian passage may be con- strutted and maintained on the easement at the sole expense of the Town; and 3. The easement may not be used or improved for pedes- trian purposes until: a. The sale, grant, conveyance or transfer of Lot 5, Block 5, Vail Village First Filing, by Norgren to any person or legal entity other than his wife, children, or grandchildren; or ` ~ DEDTCATTOTd • Page 2 b. The use of the property is changed from single family use to any other use; whichever event occurs first. 4. No vehicular traffic of any kind or nature shall be permitted upon, across or through the easement. 5. The conditions hereby imposed shall be effective for 20 years from and after the life of Leigh H. Norgren. IN WITNESS WHEREOF, this instrument has been executed this ~~(J day of ~n~,'~ 197 State of Colorado ) ) 55: County of Denver ) LEIGH H, NORGREN & CO., a partnership BY ~.. _ .2~tc., ;.~ ~J ~ cam- C'. ~~ Leigh ;,H~ Norgren, Par~n~r ~°-~..,~ 1 The foregoing instrument was acknowledged before me this i0th daY of Abrii , 197 $ , by Leigh H. Norgren, a partner in Leigh H. Norgren & Co., a partnership. ~:~`. ~' Notary Public "` ~!ly ~.~cdrnrr~~sion expires A~ Ca~pisiion eflpi~+rs Dea. ]~,-19~9 ACCEPTANCE OF DEDICATION I, Rodney E. Slifer, Mayor of the Town of Vail, a Colorado municipal corporation, and on behalf of the Town of Vail pursuant to the authority vested in me by Resolution No. ~~, Series of 1978, duly adopte~d~~by the Town Council of the Town of Vail, Colorado, on ,~G~~tl~ x.978, do hereby accept the above and foregoing dedi~tion for the uses and upon the terms and conditions set forth therein. (S E A L) ATTEST: TcSGin Clerk TOWN OF VAIL, a Colorado municipal corporation, ~. kodney E~Slifer, ~kayojr • ~,. RE50LUTION NO. ~' Series of 1978 A RESOLUTSON OF THE TOWN COUNCIL EXPRESSING ITS OPP052TION TO THE PROPOSAL OF COLORADO FUEL AND IRON COMPANY TO OPERATE A LIMESTONE QUARRY ON THE EDGE OF DEEP CREEK WHEREAS, Colorado Fuel and Tron Company has proposed to operate a limestone quarry at Deep Creek Canyon, Garfield County, with a loading site at the Colorado River in Eagle County; WHEREAS, the quarrying and hauling of limestone have an immense impact on the environment, including disruption of wildlife and the scarring of the landscape, creation of dust, building of roads ax' other means of moving the limestone across the landscape; WHEREAS, the impact of this quarry will affect the residents of both Garfield County and Eagle County; and WHEREAS, the Town Council is of the opinion that a full and comprehensive evaluation should be done by the personnel and Commissioners of both Counties to consider the impacts and the possibilities of mitigation thereof; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1} The Town Council hereby expresses its opposition to the proposal of Colorado Fuel and Iron Company to quarry limestone at Deep Creek Canyon. (2} Further, the Town Council would urge the Commis- sinners of Garfield County and Eagle County to give studied and careful consideration to this proposal because of the potential for extensive impact on the surrounding area; impact on the resources of the area such as hunting, fishing, and recreation; impact and availability and degradation of air quality from the dust generated by the quarrying, crushing and hauling. ,. ~ ~ ~ ~ _ , Res. Page 2 INTRODUCED, READ, APPROVED AND ADOPTED, this 18th day of April, 1978. ,- r' ~~~ ~ .'' ~'-'t~`ti.~ ~' ~ ~_ Mayor ~ "" ~ ATTEST: C~ Totn~'i C erk ., • ~ ~ ~ RESOLUTION N0. O Series of 1978 A RESOLUTION OF THE TOWN COUNCIL AUTHORIZING THE TOWN MANAGER TO COMPLETE AND FORMALIZE THE AGREE- MENT WITH VAIL ASSOCIATES FOR THE CONVEYANCE TO THE TOWN OF THE PEDESTRIAN MALLS IN THE LIONSHEAD AREA; AND SETTING FORTH DETAILS RELATING THERETO WHEREAS, Vail Associates and the Town of Vail have discussed for some time the desirability of Vail Associates conveying to the Town the pedestrian malls in Commercial Core II, c~~~u«only known as Lionshead, within the Town of Vail; WHEREAS, a tentative agreement has been reached between Vail Associates and the Town whereby Vail Associates will convey those malls, and the Town will accept them; WHEREAS, final details have not been fu11y resolved, but Vail Associates has expressed a desire to complete the transfer before April 30, 1978; and WHEREAS, the Town Council is of the opinion that it should cooperate with Vail Associates to accomplish said trans- fer before April 30, 1978; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Town Council hereby approves of the proposed transfer of the pedestrian malls located in Commercial Core TI, commonly known as Lionshead, Vail, Colorado. (2) The Town Manager is hereby authorized to complete and formalize the conditions and agreements for the conveyance of the Lionshead pedestrian malls from Vail Associates to the Town of Vail. (3) The Town Manager is hereby authorized to execute on behalf of the Town of Vail any documents necessary to complete and formalize the conveyance of the Lionshead pedestrian malls, and the Town Clerk is authorized to affix the seal of the Town • Res. Page 2 to any required documents and to attest to the signature o~ the Town Manager. INTRODUCED, READ, APPROVED, AND ADOPTED, this 18th day o~ Apri1., 7.978. ATTEST: Town C7_erk ~~ ..'" ~~ . ~ ' ~` May r ~ v ~ ' '• w ~ _ RESOLUTION NO. Series of 197 A RESOLUTION AMENDING THE DEVELOPMENT PLAN PREVIOUSLY APPROVED FOR SPECIAL DEVELOPMENT DISTRICT 6 TO ALLOW FOR EXTERIOR REMODELING, CHANGE TO THE EXISTING ROOF LINE AND THE ADDITION OF 4 ACCOMMODATION UNITS TO BUILD- ING N0. 5, VAIL VILLAGE TNN WHEREAS, Building 5 of the Vail Village Inn will be the last portion of the existing development to be removed; WHEREAS, certain remodeling has been proposed for Building 5 which is not in conformity to the Development Plan far Special Development District 6 which was previously approved by the Town Council; and WHEREAS, the Planning Staff and Planning Commission have reviewed the proposed amendment to the Development Plan for Special Development District 6 and have recommended approval thereof; NOW, THEREFORE, BE IT RESOLVED BY THE TOTnTN COUNCIL OF THE TOWN OF VAIL, COLQRADO, THAT: (1) The Town Council finds and declares that the amendment to the Development Plan for Special Development Dis- trict 6 should be approved. (2) The amendment to the Development Plan proposed t for the purpose of remodeling the exterior of Building 5, Vail Village Inn, altering the existing roof line and adding 4 accom- modation units is hereby approved. INTRODUCED, READ, APPROVED AND ADOPTED, this 18th day of April, 1978. ~r~ M~or ~ `'`` - „ -~ ATTEST: ,~ ` ~'~ ~~/ Town C1"ems ~. . ~ ~ RESOLUTION NO. IU Series of 1978 A RESOLUTION OF THE TOWN COUNCIL VACATING AId EASEMENT AND IN SUBSTI- TUTION THEREFOR, ACCEPTING ANOTHER EASEMENT FOR PEDESTRIAN PURPOSES ACROSS VAIL/LIONSHEAD, FOURTH EYEING WHEREAS, the Town Council is willing to vacate that pedestrian easement across Vail/Lionshead, Fourth Filing, a resubdivision of a part of Tract C and a part of Lot 8, Block 1, Vail/Lionshead Third Filing; and WHEREAS, the vacated easement herein approved is to be replaced by a new pedestrian easement across Vail/Lionshead, Fourth Filing; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Town Council hereby approves the vacation of the pedestrian easement shown on the plat of Vail/Lionshead, Fourth Filing, as recorded in Book 253, Page 597 (Drawer V, Map Case 2} of the records of the Eagle County Clerk and Recorder. {2) The Mayor and the Town Manager are hereby author- ized to execute the instruments necessary for said vacation, and the Town Clerk is authorized to attest to said execution and to affix the Town's seal thereto. (3) The Town Council hereby approves and accepts the dedication of the pedestrian easement shown on the Pedestrian Easement Study, dated September 20, 1977, prepared by Morter/Todd Partnership, AIA, for Vail/Lionshead, Fourth Filing. (t~} The Mayor and the Town Manager are hereby author-- ized to execute the instruments necessary for said acceptance, and the Town Clerk is authorized to attest to said execution and to affix the Town's seal thereto. INTRODUCED, READ, APPROVED, AND ADOPTED, this 2nd day of May, 1978. ATTES~~` ~ ;~~~~~lr ~~ Town C erk .i ~ f Majror / ~ ~ 1 .~ RESOLUTION PAC). Series of 2978 A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL AND ILA BUCKLEY, AUTHORIZING THE LEASING OF A PORTION OF THE LIONS HEAD MALLS FOR USE BY A POPCORN WAGON WHEREAS, I1a Buckley presently is operating a popcorn wagon with underground storage in the Lionshead Ma11s; WHEREAS, Vail Associates has recently conveyed those malls to the Town of Vail; and WHEREAS, the Town Council is of the opinion that the popcorn wagon operated by Ila Buckley serves a public need; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Town Manager is hereby authorized to execute that Lease agreement between the Town of Vail and Ila Buckley which is attached to this resolution as Exhibit "A". The Town Clerk is authorized and directed to attest to said execution and to affix the Seal of the Town of Vail to the lease. INTRODUCED, READ, APPROVED, AND ADOPTED, this 20th day of June, 1978. ~ `'~ Mayor ~ ~ ~~ ATTEST: ~, ~~,~ Town Clerk .~ ~U~~a ~~ i ~ RESOLUTION NO. `1 Series of 1978 ' A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN Tf~E TOWN OF VAIL AND ILA BUCKLEY, AUTHORIZING THE LEASING OF A PORTION OF THE LIO]`iS HEAD MALLS FOR USE BY A POPCORN WAGON WHEREAS, Tla Buckley presently is operating a popcorn wagon with underground storage in the~Lionshead P4alls; WHEREAS, Vail Associates has recently conveyed those malls to the Town of Vail; and WHEREAS, the Town Council is of the opinion that the popcorn wagon operated by I1a Buckley sexves a public need; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Town Manager is hereby authorized to execute that lease agreement between the Town of Vail and Ila Buckley which is attached to this resolution as Exhibit "A". The Town Clerk is authorized and directed to attest to Said execution and to affix the Seal of the Town of Vail to the lease. INTRODUCED, READ, APPROVED, AND ADOPTED, this 20th day of June, 1978. Mayor ATTEST: Town Clerk } • ~ ~F RESOLUTION N0. 12 Series o£ 1978 A RESOLUTION OF THE TOWN COUNCIL AUTHOR- IZING THE VAIL WATER AND SANITATION DIS- TRICT TO USE TWO FARCELS OF PROPERTY OWNED BY THE TOWN OF VAIL FOR THE ENLARGEMENT OF THE SEWAGE TREATMENT PLANT OF THE DISTRICT; SETTING FORTH DETAILS RELATING THERETO WHEREAS, Vail Associates, Inc. has quit claimed to the Town of Vail two parcels of property, Tract D, Vail Lions- Head Third Addition, according to the recorded plat thereof, and that parcel of property described on Exhibit "A" attached to this resolution; WHEREAS, Vail Water and Sanitation District requires the use of Tract D and that portion of the parcel of property described on Exhibit "A" lying north of Gore Creek for the expansion of its sewage treatment plant; and WHEREAS, the Town Council is of the opinion that it is in the public's interest to allow the Vail Water and Sanita- tion District the use of the two required parcels; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLQRADO, THAT: Section 1. The Town Council hereby approves the use of Tract D, Vail LionsHead Third Addition, according to the recorded plat thereof, and that portion of a parcel lying north of Gore Creek by the Vail Water and Sanitation District for the enlargement and operation of the District's sewer treatment plant. Section 2. The District may use the Town`s property described in Section 1 above for so long as necessary to operate and maintain the sewer treatment plant and to the extent necessary to operate said plant. Section 3. The Town Manager is hereby directed and authorized to approve and execute for and on behalf of the Town Council any and all instruments that may be required to evidence the Town Council's granting of permission to use the property. s Res. 12 • • Page 2 Section 4. The Tawn Clerk is authorized to affix the Town Seal to any such instrument and to attest to the signature of the Town Manager. INTRODUCED,, READ, APPROVED, AND ADOPTED, this 30th day of June, 1978. ~~~~ ~ ~ r ~ yob ~ / ATTEST: ~.f r ~~° Town Clerk ~~ ~ ~ RES0LUTION NO. ~J~ Series of 1978 A RESOLUTION ACCEPTING A DEDICATION OF A PARCEL OF REAL PROPERTY TO BE USED AS A PUBLIC STREET FROM THE PULIS RANCH, A LIMITED PARTNERSHIP; AND SETTING FORTH DETAILS RELATING THERETO WHEREAS, the Pulis Ranch, a limited partnership, has dedicated to the Town of Vail a parcel of property to be used as a public street; WHEREAS, the street as dedicated by the Pulis Ranch is necessary for public travel, and the dedication was at the request and direction of the Town; and WHEREAS, the Town Council is of the opinion that the acceptance of the dedication would be in the public's interest; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The deed of dedication which is attached to this resolution as Exhibit "A" is hereby accepted. Section 2. The Mayor is hereby authorized and directed to execute the acceptance of the dedication for and on behalf of the Town of Vail, and the Town Clerk is authorized and directed to attest to the Mayor's signature and to affix the Town ,Seal to the acceptance of the dedication. INTRODUCED, READ, APPROVED, AND ADOPTED, this ~(~ day of July, 1978. Mayor f ATTEST: ~~.lipil~ /~~C~L.C Town Clerk ~~~ • DEDTCATTON KNOW ALL MEN BY THESE PRESENTS: THE PULIS RANCH, a limited partnership (hereinafter caked "Pulls"), is the owner of that property described on Exhibit "A" attached hereto and by this reference made a part hereof, within the Town of Vail, County of Eagle, Colorado, and Pulls intends to, and by these presents does hereby, dedicate to the TOWN OF VAIL, a Colorado municipal corporation (hereinafter called the "Town"), its successors and assigns, for a public street, that property described on Exhibit "A" attached hereto, TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belong- ing or in anywise appertaining, PROVIDED ALWAYS, that this dedi- cation is expressly made and accepted subject to the following express conditions, provisions, restrictions, and covenants (here- inafter referred to as the "conditions hereof"} which sha11 apply to and bind the Town, its successors and assigns, namely: 1. The dedicated property shall be used, held and maintained for public street purposes, utilities, or other related purposes, subject to existing or recorded easements; and 2. Improvements necessary, desirable or convenient for the provision and maintenance of a public roadway may be con- structed and maintained at the sole expense of the Town. IN WITNESS WHEREOF, this instrument has been executed this ~~~ day of ~~t;~~s - 1978. THE PULIS RANCH, a limited partnership ~- ."~~~ 3a~~u~.~s , J~ . , a g'~ ral [[JJ part er Warren K. Pulls, a general partner DE~ATION • Y~e 2 State of Colorado ) 5S: County of Eagle ) The foregoin instrument was acknowledged before me this ~r day of ~~~. , 1978, by day Pu1is, dr. and Warren K. Pulis, q~neral partners in The Pulis Ranch, a limited partnership. {S E A L} /~/ ~ Notary Public `!/C. My c~~~~«ission expires v~ ~~.:;i3~~~,ii ~;:~iC~ SE,~~. ~, i~~f ACCEPTANCE OF DEDICATION I, Rodney E. Slifer, Mayor of the Town of Vail, a Colorado municipal corporation, and an behalf of the Town of Vail pursuant to the authority vested in me by Resolution No. f~, Series of 1978, duly adopted by the Town Council of the Town of Vail, Colorado, on ~,~ 1978, do hereby accept the above and foregoing de cat on for the uses and upon the terms and conditions set forth therein. IN WITNESS 4~7HEREOF, this instrument has been executed this f ~ day of ~,~~ 1978. /~ U TOWN OF VAIL (S E A L) ~ /~ ;~ ~/ BY : / '+ -z ATTEST: i~tSdney E. ~.ifer, Ma~~ Town Clerk State of Colorado ) } ss County of Eagle } The fo oing Accept e of Dedication was acknowledged before me this day of ~~~~ 1978, by Rodney E. Slifer, as Mayor of the Town o~VaYl,l Notary Public My commission expires: t~~::s r .--... - .. -. F~ ~_ LEGAL. DE5CRIPTION FOR A R1GHT-OF-WAY FOR THE TOWN OF VAIL, COLORADO Apr i 1 21{, 1978 A 50-foot wide parcel in the N-1/2 of the NW-1/4 of Section 9, T55, R$OW of the 6th P.M., Eagle County, Colorado, described as fellows: Beginning at Corner No. 17 of Vail Valley, First Filing, a part of Section 9, TSS, RBOW, 6th P.hl., Eagle County, Colorado, as shown an the recorded plat thereof, said point lying on the northeasterly right-of- .. way line for Vail Valley Drive 1b.40 feet from the end of a curve; Thence N77°55'05"W along said northeasterly right-of-way line extended a distance of 63.92 feet to a point of tangent curvature to the left; Thence westerly along the arc of said curve a distance of 108.13 feet to a paint of tangency, said curve having a radius of 166.79 feat and a central angle of 37°08'44". Thence S64°56'11"W along a line tangent to the end of said curve a distance of 106.44 feet to a paint of tangent curvature to the right; Thence southwesterly along the arc of said curve a distance of 54.30 feet to the beginning of a non-tangent line, said curve having a radius of 292.00 feet and a central angle of 10°39'18"; Thence 588°3b'19"W a distance of 131.51 feet to a paint of non-tangent curvature to the right; Thence northwesterly along the arc of said curve a distance of 10.86 feet to a point of compound curvature, said curve having a radius of 292.00 feet, a central angle of 2°07'52", and a chord bearing N77°18'55"W a distance of 10.86 feet; • Thence northwesterly along the arc of said curve a distance of 2, $4 feet to the easterly line of Tract "A", Vai} Village, Eighth Filing, said curve having a radius of 120.00 feet and a central angle of 01°21'28". Thence northwesterly along the arc of a curve having the same center point and a radius as the previous curve, a distance of 78.37 feet to a point of tangency, said curve having a radius of ]20.00 feet, a central angle of 37°25'14"; Thence N37°28'17"W along a line tangent to the end of said curve a distance 'of 43.70 feet to a point of tangent curvature to the left; Thence northwesterly along the arc of said curve a distance of 127,19 feet to a point of tangency, said curve having a radius of 327,50 feet and a central angle of 22°15'0$"; Thence 1`159°43'22"W along a line tangent to the end of said curve a distance of 105.29 feet to a paint of tangent curvature to the rlght; Thence northwesterly along the arc of said curve a distance of 136.42 feet to the beginning of a non-tangent line, said curve having a radius of 250.60 feet and a central angle of 31°11'26"; Thence N}2°17'30"W along said non-tangent line a distance of 29.95 feet, more or less, to the northerly line of Tract "A", Vail Village, Eighth F'i 1 ing; Thence continuing N12°17'30"W along said non-tangent line a distance of 82.64 feet, more or less, to the southerly right~of-way line of Inter- state Highway 70; Thence S77°42'30"W along the southerly right-of-way line of Interstate Highway 70 a distance °f 50.00 feet, more or less, t° a point on a line 50.00 feet westerly of the line whose bearing was N12°17'30"W and whose }ength was 29.95 feet and 82.64 feet; -2- 1 ` ,, ~ ~ ~ W Thence S}2°17'30"E a distance of 82.22 feet, more or less, to the northerly }ine of Tract "A", Vail Village, Eighth Filing; Thence continuing 512017'30"E a distance of 37.17 feet, more or less, to a point of non-tangent curvature to the left, said curve being con- centric with and 50.00 feet westerly of the last-described curve; Thence southeasterly along the arc of said curve a distance of 171.09 feet to a point of tangency, said curve having a radius of 300.b0 feet; a central angle of 32°36'39", and a chord bearing S43°25'03E a distance of 168.79 feet; Thence S$9°43'22"E along a line tangent to the end of said curve a distance of 105.29 feet to a point of tangent curvature to the right; Thence southeasterly along the arc of said curve a distance of 107.77 feet to a point of tangency, said turve having a radius of 277.50 feet and a central angle of 22015'05"; Thence S37°28'17"E along a line tangent to the end of said curve a distance of 43.70 feet to a point of tangent curvature to the left; Thence southeasterly along the arc of said curve a distance of 115.Ob feet to a point of compound curvature, said curve having a radius of 170.00 feet and a central angle of 38°46'42"; Thence southeasterly from the point of compound curvature along the arc of a curve a distance of 18,65 feet to the beginning of a non- tangent line, said curve having a radius of 342.00 feet and a central angle of 03°07'26", and said non-tangent line be}ng the northerly line of Lots 8 and 9 of said Vail Valley, First Filing; Thence N8$°36'19"!" along said non-tangent line a distance of 13.47 feet to the southeasterly corner of Tract "A", Vai} Village, Eighth Filing; -3- Thence continuing N$8°36'18"E along said non-tangent line a distance of 12$.98 feet to a point of non-tangent curvature to the left (from which point the northeasterly corner of said Lot 9 bears N88°36'19"i a distance of 56.01 feet); Thence northeasterly along the arc of said curve a distance of 69,53 feet to a point of tangency, said curve having a radius of 342.00 feet, a central angle of ll°38'52", and a chord bearing N70°45'37"E a distance of 69.41 feet; Thence Nb4°56'11"E along a line tangent to the end of said curve a distance of 106.44 feet to a point of tangent curvature to the right; Thence along the arc of said curve a distance of 75.71 feet to the most northerly corner of Lot 10, said Vail Valley, First Filing, said curve having a radius of 116,78 feet and a central angle of 37°08'4+", and sa i d corner being the corm~on i ntersect i °n of the southwesterl y right-of- way line of Vail Valley Drive and the northerly line of said Vail Valley, First Filing; Thence N63°05'48"E along the northerly line of said Vail Valley, First Filing a distance of b4.Q6 feet to Corner No. 16 of said Vail Valley, First Filing; Thence N67°36'lg"E along the northerly line of said Vail Valley, First Filing, a distance of 17.13 feet to Corner No. 17 of said Vail Valley, First Filing, the Point of Beginning. ~ • ~ O X4239 0 •~° c,; s` n .~ - ~~l-' t~ti .~ ,.1 ,` 'tytt -~- t~ ~ ~ r ~. ~ .y ~ ` ~ ..I • + i TOWN OF VAIL, COLORADO • RESOLUTION NO. ~~ RESOLUTION AGREEING TO ISSUE REVENUE BONDS OF THE TOWN OF VAIL TO FINANCE RESIDENTIAL FACILITIES FOR MIDDLE-INCOME FAMILxES OR PERSQNS, TO BE DEVELOPED 3Y PITKIN CREEK PARK, INC., AND AUTHORI22P1G THE EXECUTION OF A MEMORANDUM OF AGREEMENT IN CONNECTION THERE- ' ~ WITH BE'T'WEEN THE TOWN OF VAIL AND PITKIN CREEK PARK, INC. WHEREAS, the Tawn of i7ail, Colorado (the "Town") is authorized by the County and Municipality Development Revenue Bond Act constituting Article 3 of Title 29, Colorado Revised Statutes 1973, as amended (the "Act"}, tc~ acquire, own, lease, improve, and dispose of properties to the end that more ade- quate residential housing facilities for middle-income families and persons may be provided; and WHEREAS, the Town is further authorized lay the Act to issue its revenue bonds (as defined in the Act, including notes and other farms of securities) far the purpose of defraying the cost of financing, acquiring, improving, and equipping any project; and WHEREAS, the Town desires to take the necessary actions to authorize, issue, sell and deliver its revenue bonds pursuant to the Act in the aggregate princigal amount presentT.y estimated not to exceed $7,500,000 for temporary financing and $12,404,404 for permanent financing (collec- tively, the "Bonds"} in one ar more series to pay the cost of residential housing facilities for middle-income families and persons, which will constitute residential real property ~~- . ~~ to pay all of the principal. of and premium, if any, and in- terest on the Honds, (b) one or mare indentures of trust {the "Indenture") to secure such Bonds, and {c) such other instru- ments and documents as shall be necessary or desirable in connection with such financing. Section 3. The Memorandum of Agreement by and be- tween the Company and the Town, substantially in the form and with the contents set forth in Exhibit A attached hereto, be and the same is hereby approved and authorized and the Mayor and the Town Clerk of the Town are hereby autharized and directed to execute and deliver said Memorandum of Agree- ment and the Town seal is hereby authorized and directed to be affixed thereto. Section 4. Mr. Kurt A. Kaufmann, Mr. Stephen P. Kregstein, and Ms. Jane Roberts of Dawson, Nagel, Sherman & Howard, 2980 First of Denver Plaza, 633 17th Street, Denver, Colorado, 80202, are hereby appointed attarneys-in--fact, any of whom may represent the Town with respect to any requests for revenue rulings to be submitted to the.Tnternal Revenue Service in connection with the Project and the Bonds, and the Mayor and Town Clerk are hereby authorized to execute and deliver any documents deemed necessary or desirable to evidence such appointments. Section 5. The Bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or in- debtedness of the Town within the meaning of any provision or limitation of the Constitution or statutes of the State of Colorado or of the Charter of the Town, and shall not give rise to a pecuniary liability of the Town or a charge against its general credit or taxing powers, but shall be secured and payable only by a pledge of the revenues derived from the Company pursuant to the Financing Agreement and other funds and security devices to be pledged under the Indenture. -~- • ~ ~ ~ ~i for family units within the meaning of §1p3(b}(4}{A), In- ternal Revenue Code of 1954, as amended, and the regulations thereunder (the "Project"} to be developed by Pitkin Creek Part, Inc. (the "Company"} and to be constructed at a site within the Town, together with the costs of funding any reserve funds for the Bonds and costs incidental to the authorization, issuance and sale of the Bonds; and WHEREAS, construction, reconstruction or acquisition of the Project has not yet commenced and it is deemed necessary and advisable that a Memorandum of Agreement be executed by the Town and the Company setting forth the agreements of the parties with respect to the financing of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE T06~TN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The Town hereby agrees that it will authorize and issue, upon the terms provided in the form of Memorandum of Agreement by-and between the Company and the Town attached hereto as Exhibit A, in one or more series, the Bonds {including obligations in such form as the Town and the Company deem appropriate, as permitted~by the Act, and repre- senting both temporary and permanent financing or either temporary or permanent financing, as the Town and the Company may determine}, to pay the cost of the Project, together with the costs of funding a reserve fund for the Bonds and costs in- cident to the authorization, issuance and sale of the~Bonds, which Project is to be located at a site within the Town, and will take all further action which is necessary or desirable .in connection therewith, and its officers are hereby authorized and directed to take all actions necessary or desirable in connection with such financing. Section 2. The Town, subject to the terms and con- ditions set forth in said Memorandum of Agreement, will au- thorize and execute {a) one or more financing agreements {as defined in the Act, hereinafter referred to as the "Financing Agreement") whereby the Company wi11 make payments sufficient --3- - • . Section 6. Nothing contained in this resolution, i.n any such rer~uest for a revenue ruling ar in such Memorandum of Agreement shall constitute the debt or indebtedness of the Town within the meaning of any provision or ].imitation of the Constitution or statutes of the State of Colorado or of the Charter of the Town, or give rise to a pecuniary liability of the Town or a charge against its general credit or taxing powers. Section 7. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unen£orceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 8. All bylaws, orders and resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order or resolution, or part thereof. ' Section 9. All action {not inconsistent with the pro- visions of this resolution) heretofore taken by the Town Council and the officers of the Tawn with respect to the Project and the authorization, issue and sale of the Bonds be, and the same hereby is, ratified, approved and confirmed. PASSED, ADAPTED, SIGNED AND APPROVED this llth day of July, 1978. (SEAL) ATTEST: G~~~'u~ Town C rk ~ f~~ -5-- Whereupon it was moved by Council Member ~ /GTl and seconded by Council Member ~~ that all rules of the Town Council which might prevent. unless suspended, the final passage and adoption of said resolution at, this meeting be, and the same hereby are, suspended far the purpose of per- mitting the final. passage and adoption of said resolution at this meeting. The motion was put to a vote, the vote being as follows ; ` Those Voting Yes: r , .t ~"~ Those Voting No: Rodney E. Slifer John F. Donavan Paula Palmateer William Heimbach~- E. William Wilto Dr. Thomas 1. Steinberg Robert Ruder ,~» xIc Those Absent: n1n~J~. A motion to adopt the foregoing resolution was then duly made by Council Member (~1L7-a and duly seconded by Council Member ~~-~ , was put to a vote, the vote being as follows: Those Voting Yes: Rodney E. Slifer ~ John F. Donovan Paula Palmateer William Heimbach E. William Wilta Dr, Thomas T. Steinberg Robert Ruder Those Voting No : ~D~ ~-' Those Absent : ~ ,~~ ~ L'" Thereupon the Mayor declared said motion carried and said resolution duly passed and adopted. -6- ~ ~ After other action on business not related ::o the foregoing resolution, on motion duly made, seconded and adop- ted, the meeting thereupon adjourned. ~ (SEAL) ~ ATTEST: own Clerk Mayor `" . _qM STATE OF COLORADO ) } COUNTY OF EAGLE } SS. TOWN OF VATL } ~~ I, Colleen Kline, the duly qualified and. acting ' Town Clerk of the Town of Vail, Colorado, do hereby certify: ].. The foregoing pages numbered 1 to 7, inclusive, are a~true, perfect and complete copy of the record of pro- ceedings of the Town Council of the Town of Vail had and taken at a lawful regular meeting of the Council held at the Town Hall in Vail, Colorado on Tuesday,~July 11, 2978, commencing at the hour of 7:30 p.m., as recorded in the regular official book of the proceedings of the Town kept in my office. Said proceedings were duly had and taken as therein shown, the meet- ing therein shown was duly held, and the persons therein named were present at said meeting as therein shown. 2. All members of the Town Council were duly noti- fied of said meeting, pursuant to law. TN WITNESS WHEREOF, T have hereunto set my hand and affixed the seal of the Town this ~ day of July, 178. (SEAL} LG( ~ vI ~~L~~ Town Clerk -8- EXHIBIT A ~ ' MEMORANDUM OF AGREEMENT . This Memorandum of Agreement is between the Town of Vail, Colorado, a municipal corporation duly organized and operating as a home--rule municipa~.ity under Article XX.of the Constitution of the State of Colorado (the "Town"), and Pitkin Creek Park, inc., a corporation organized and existing under the laws of the State of Colorado (the "Company"), for the purpose of promoting a public purpose of the Town as stated in Article 3 of Title 29, Colorado Revised Statutes 1973, as amended. 1. Preliminary Statement. Among the matters of mu- tual inducement which have resulted in the execution of this Agreement are the following: {a) The Town is a municipal .corporation of the State of Colorado authorized and empowered ' by the provisions of the County and Municipality Development Revenue Bond Act, constituting Article 3 of Title 29, Colorado Revised Statutes 1973, as amended (the "Act"), to issue revenue bonds (as defined in the Act, including notes and other forms of~securities) far the purpose of defray-- i.ng the cost of financing, acquiring, improving, and equipping one or more projects and to enter into a financing agreement (as defined in the Act, hereinafter referred to as the "Financing Agreement") with respect to such project. {b) In order to provide more adequate residential housing facilities for middle-income families and persons, the Town proposes to finance ..1., :. ,- _. the acquisition o~ a site located within the Town, by the Company, and the construction by the Company an such site of residential housing facilities for middle-income families and persons, which will constitute residential real property for family units 'within the meaning of §103 {b) (4) (A) , Inter-- rial Revenue Code of 195, as amended, and the regulations thereunder, consisting of not more than 150 condom~.nium units, together with structures, . equipment, improvements and othex facilities ne- cessary or desirable in connection with said re- sidential housing facilities and functionally re- lated and subordinate thereto (the "Project"). It is possible that certa~.n items yr facilities may be constructed but deleted from the Project for financing purposes (based upon determinations as to qualification under the Act and under the pro- visions of Section 103 (b} (4) of the internal ~te-- venue Code of 1954. as amended, and the regulations promulgated thereunder).. It is estimated that the cost of the Project may be as much as approximately $12,000,004, and that temporary financing may be required in the amount of as much as $7,500,000. • (c) It is deemed necessary and advisable fox the provision of more adequate residential housing facilities for middle--income families and persons and the promotion of the general health and welfare of the inhabitants of the Town that the Project be commenced and completed at the earliest practicable date. (d) Repx-esentatives of the Town have in- dicated the willingness of the Town to proceed with and effect such financing in order to assist the Company to grovxde more adequate residential housing ..z_ •. ` 1.. t ~' facilities for middle-income families and persons within the Town and have advised the Company that subject to due compliance with all requirements of Iaw and the obtaining of all necessary consents and . approvals and to the happening of all acts, conditions and things required precedent to such financing, the Town, pursuant to the Act, will issue and sell in one or more series its revenue bonds (including obligations, ~.n such form as the Town and the Company deem appropri- ate, as permitted by the Act, and representing both temporary and permanent financing, or either temporary or permanent financing, as the Town and the Company may determine), in the aggregate principal amount presently estimated not to exceed $7,500,000 far temporary financ- ing and $12,000,000 for permanent financing (collectively, the "Bands") to pay the casts of i:he Project, together with the costs of funding any reserve funds for the Bonds and the ex--~•'' penses incident to the issuance of the Bonds. {e) The Town considers that the financing of the Project and the entering into of the Financing Agree- ment with the Company will be consistent with the ab-- jectives of the Act, wi11 promote the provision of more adequate residential housing facilities for middle-- income families and persons, and will thereby promote the general health and welfare of the inhabitants of • the Town. This commitment is an affirmative official action of the Town toward the issuance of the fionds as herein contemplated in accordance with the purpose of the Act and Section 7..203-${a}{5} of the regulations • promulgated under Section 1.03 of the Internal Revenue Code of 1954, as amended. 2. Undertakings on the Part of the Town. Subject to the conditions above stated, the Town agrees as follows: (a} It will authorize or cause to be au-- tharized the issuance and sale of Bands in one or more series in an aggregate principal amount presently -~3~ 'iR'.. ,.t ~ t :- _ • estimated not to exceed $7,500,044 for temporary financing and $12,440,400 for permanent financing. (b) It will adopt or cause to be adopted such . proceedings and authorize the execution of such docu- ments as may be necessary or advisable for the authori- zation, issuance and sale of the Bonds and the finan- cing of the Project, including one or more Financing Agreements, and one or more Indentures of Trust be- tween the Town and a trustee or trustees to be named under which the Bonds will be issued and secured, all as shall be authorized by law and mutually satisfac-~ tort' to the Town and the Company. {c) The aggregate sums payable under the Financing Agreement or Financing Agreements shah. be sufficient to pay the principal of, premium, if any, and interest on the Bonds, all trustee's and paying agent's fees and any expenses of the Town in cannec-- tion with the Bonds as and when the same shall become due and payable. {d) It will take or cause to be taken such other acts and adopt such further proceedings as may be required to implement the aforesaid undertakings or as it may deem appropriate in pursuance thereof. • (e} In authorizing the issuance of the Bonds pursuant to this Agreement, the Town will make no warranty, either express or implied, that the proceeds of the Bonds will be sufficient to pay all costs of the Project. • (f} The Bonds shall specifically provide that they shall be payable solely out of the revenues derived from the financing o£ the Project {except to the extent payable out of Bond proceeds and other funds or security devices pledged under such Inden- ture or Indentures of Trust), that they sha11 nevex • _~- • t constitute a debt or indebtedness of the Tawn within • the meaning of any provision or limitation of the Constitution or statutes of the State of Colorado or of the Charter of the Town and that they shall not give xise to a pecuniary liability of the Town or a charge against its general credit or taxing powers. 3. Undertakings on the Part of the Company. Subject to the conditions above stated, the Company agrees as follows: (a) ~t will enter into such contract or contracts as may be necessary for the acquisition, construction and equipment of the Project. (b) Contemporaneously with the delivery of each issue of ~3or.ds, i~ will enter into a Financing Agreem~:nt with the Town under the terms of which the Company will obligate itself to cony plete the acquisition, construction and equipment of the Project financed by such .issue of Bands and to pay to the Tawn sums sufficient in the aggregate • to pay the principal of, premium, if any, and in-~ terest on such issur~ of Bands, all trustee's and paying agent's fees and any expenses of the Town in connection with such issue of Bands as and when the same shall become due and payable. Such Agree- ment shall also contain such other provisions as . may be required by law and such other provisions as shall be mutually acceptable to the Town and the Company. (c) It will take such further action and adopt such further proceedings as may be required to implement its aforesaid undertakings ar as it may deem appropriate in pursuance thereof. ~. General Provisions. (a} Tf the Bonds are not issued and sold, the Company agrees that it will reimburse the Town '~_ 1 ~. • ~ . i. ~ , for aiZ reasonable and necessary direct put-of- pocket expenses which the Town may incur at the request of the Company arising from the execution of this Agreement and the performance by the Town of its obligations hereunder. (b) All cflvenants and agreements herein contained by or on behalf of the Town and the Company shall bind and inure to the benefit of the respective successors and assigns of the Town and the Company. TN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunto duly authorized this lath day of July, 1978. TOt~IN OF VATL, COLORA3~0 oY ~~~-~~ (SEAL) ATTEST: .~ ~ 4 Town Clerk PTTKTN CREEK PARK, INC. By ~ '~` (SEAL) President ATTEST; ~P ~ ~ t ~ ' Secre y _ -6_ ~~ T'OVV~ a~ VAtL ST1~'~~ C~ CC~l~Of''~~34~ SS Ct~UidTY O~ ~AGf_~ LOi~il~i~~ ~+;.'~~~ FiJ {i3t:. .~~i'~,141L~'. 1~::1~~1'1{1~ UPON `~H~ i~:::~;3i~D~.~ G~= [~'~Y 0~l=iC~, U~~rN CL~:RK • • RESOLUTION N0, r~ Series of 1978 A RESOLUTION OF THE TOWN COUNCIL, TOWN OF VAIL, EXPRESSING THE APPRECIATION OF THE COUNCIL, FOR ITSELF AND AS REPRESEN- TATIVES OF THE CITIZENS OF THE TOi~]N FOR THE SERVICE OF COUNCILMAN BILL HEIMBACH TO THE TOWN OF VAIL WHEREAS, Councilman Bill Heimbach has resigned his Council seat in order to accept a position in his career field in Santa Fe, New Mexico; WHEREAS, Councilman Heimbach has served the Town of Vail and its citizens as a Councilman and as an interested citi-~ zen in many ways: (a) Served as Councilman since 19'75; (b} Has been an advocate of the preservation and acquisition of greenbelt and open space; (c} Was a supporter and key participant in the development of controls for valley-wide growth; (d) Has been the major advocate for the development of employee housing; (e} Served on the Vail Planning C~~««ission from WHEREAS, Councilman Heimbach has served with devotion and good cheer, and his example should serve to guide future Councilmembers; NOW, THEREFORE, BE TT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: {l} The service given to the Town by Bill Heimbach is hereby recognized by the Town Council as his colleagues and friends. {2} The Town Council expresses its appreciation to Bill Heimbach for his services to the Town. This appreciation is expressed not only for the Council but also for the citizens of the Town. Res. Page 2 (3) The Town Council extends its best wishes to Bill Heimbach for continued success in his new endeavors. INTRODUCED, READ, APPROVED, AND ADOPTED, this 18th day of July, 1978. ,~ ~ . .~~ ~ M yon j , ATTEST: ~ ' ..-- `~,~ ~ ~~ ~~ Town C erk r y ~ • RESOLUTION N0. 1~ Series of 1978 A RESOLUTION OF THE TOWN COUNCIL RELATING TO THE ACCESS ACROSS UNITED STATES FOREST SERVICE PROPERTY TO THE GONDOLA I BUILDING TO BE DEVELOPED BY VAIL ASSOCIATES, INC.; SPECIFYING THE PURPOSE OF THE PROJECT; SETTING FORTH TECHNICAL REQUIREMENTS THAT WILL BE MET; PROVIDING THAT THE ROADWAY PERMIT FROM THE UNITED STATES FOREST SERVICE WILL BE HELD BY THE TOWN OF VAIL AND VAIL ASSOCIATES, INC. WILL CONSTRUCT AND MAINTAIN THE ROADWAY UNDER AN AGREEMENT WITH THE TOWN OF VAIL; STATING THAT THE PROJECT IS NECESSARY TO PROTECT THE PEDESTRIAN AREA THROUGH THE VAIL VILLAGE CORE; AND SETTING FORTH DETAILS RELATING TO THE FOREGOING WHEREAS, Vail Associates has proposed to redevelop the building and area known as the Gondola I site located in the Vail Village First Filing; WHEREAS, said development will require increased vehicular traffic through the Vail Village core unless an alter- native access can be found; WHEREAS, alternative access has been proposed from the west of the redevelo land thereby requiring a The Town of Vail. has the the redevelopment of the not have jurisdiction on Town's boundaries; pment across United States Forest Service roadway permit from the Forest Service. authority to issue a building permit for Gondola I site, however, the Town does Forest Service land outside of the WHEREAS, the access and roadway project is necessary for the following reasons: (a) If the roadway permit is not granted, the general public will be ad versely affected by additional vehicles in the pedestrian area to service Vail Associates' new building; (b) Additional traffic in an area identified as pri- marily pedestrian is undesirable; (c) The new building proposed by Vail Associates, Inc., if built without the alternate access, would have an undesirable public effect; . ~ ~ Page 2 ' Res. WHEREAS, the project fits the Town of Vail's effort to reduce vehicular traffic on Gore Creek Drive and Bridge Street through the Vail Village core, and is in keeping with the recently enacted Pedestrian Mall Ordinance. As described in this resolution, certain mountain-oriented activities performed by Vail Associates, Inc. will also be served by the roadway; WHEREAS, the other affected, neighboring properties and the public generally are in favor of the proposed alternate access; and WHEREAS, the Town Council finds that the alternate access is necessary for the protection of the public health, safety and welfare; NOW, THEREFORE, BE TT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1} Vail Associates, Inc. has proposed and the Town has agreed to the implementation of a project to develop an access road, approximately 300 feet long and 20 feet wide, to serve on-- mountain facilities, such as a sun deck, Ski Patrol facilities and first aid room, mountain personnel locker rooms, ambulance loading facilities, and new lift ticket and Ski School offices. In addition, the roadway will serve as access to the building that Vail Associates, Tnc. intends to build as replacement of the old Gondola I building. (The "on--mountain facilities" are not to be included in the permit request, since those facilities will be included as part of the 1979 Summer Operating Plan to be submitted by Vail Associates, Inc. to the United States Forest Service.) (2) The roadway permit to be issued by the United States Forest Service shall be in the name and will be under the exclusive control of that Vail Associates, Inc. shall construct under an agreement with the Town of Vail. costs of construction and maintenance of s by Vail Associates until further agreement Vail Associates. of the Town of Vail the Town, provided, and maintain the road Specifically, all aid road shall be borne between the Town and . • Res. P• 3 g {3) The specified roadway shall be constructed in the summer and fall of 1979 by Vail Associates, Iric. , (4} The technical specifications for the roadway are as follows: (a) Approximate length _ 300 feet. (b) Construction width - 30 feet. (c) Operational width - 20 feet. (d} After construction and revegetation, the only portion of the property that will be used is the 20-foot roadway, except for snow storage from ordinary plowing activity along the roadway in the winter. (5) The Town Council hereby authorizes the Town Manager to apply to the United States Forest Service for a special use permit for the purpose of the within described roadway project. The Town Manager shall sign far and on behalf of the Town Council, and the Town Clerk shall attest to his signature and affix the Seal of the Town as may be required. INTRODUCED, READ, APPROVED, AND ADOPTED, this 18th day of July, 1978. .~..~ ~ .~ N~a~ / ~ ~ ATTEST: ~ _~/~~~ Town ~C'lerk _. • i i RESOLUTION N0. ~~ Series of 1978 A RESOLUTION RECOGNIZING THE MEMBERS OF BOY SCOUT TROUP 230 AND CUB SCOUT FACK 230 OF EDWARDS FOR THE TIME THEY HAVE DONATED TO THE VAIL NATURE CENTRE; AND EXPRESSING THE APPRECIATION OF THE TOWN COUNCIL OF THE TOWN OF VAIL WHEREAS, in the summer of 1977, Scout Troup 230 and Cub Scout Pack 230 of Edwards donated their time to build a geology wall for the Meadow Creek Trail of the Vail Nature Centre and to wood chip the Five Senses Trail, Ecology Trail, and History Trail. at the Vail Nature Centre; WHEREAS, in the summer of 1978, Scout Troup 230 and Cub Scout Pack 230 and their families helped the Vail Nature Centre by spending a day clearing the ground, digging a fire pit, and building a council ring that will be used by the Nature Centre for classes and programs; and WHEREAS, the Town Council is of the opinion that the appreciation of the Town and the Town Council should be expressed to Scout Troup 230 and Cub Scout Pack 230; NOW, THEREFORE, BE IT RESOLVED BY THE TDWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Town Council is of the opinion that donated time and services always have a special quality about them, and when they can be used to teach conservation and ways of nature, they are even more important. (2) The Town Council wishes to express its appreciation to the members of Scout Troup 230 and Cub Scout Pack 230 of Edwards and their families for the attention and time they have given to the Vail Nature Centre. Their efforts have added to the Nature Centre, giving it a greater opportunity to serve the people that will be using it. (3) The Scouts and their families should be commended for their community service, and by this resolution, the Town Council makes that commendation. . • i • Res. Page 2 INTRODUCED, READ, APPROVED, AND ADOPTED, this 1st day of August, 1978, Ma~or / ~ ~ ~' ATTEST: ~l ~~~~~~ ~~t~i Tgwn l.e~k t ., RESOLUTION N0. ~ O Series of 1978 A RESOLUTION OF THE TOWN COUNCIL DESIGNATING OCTOBER 2~, 1978, AS THE .UNITED NATIONS DAY WHEREAS, the ~,rork of the United Nations includes broad areas of need throughout the world including the fighting of hunger, disease, rights of women and children, the use and impact of science and technology to better the conditions of the world's peoples; WHEREAS, each year the theme of United Nations Day changes to emphasize different areas of the work of the United Nations; WHEREAS, the theme of the 1978 observance of United Nations Day includes two very important areas of United Nations work, THE INTERNATIONAL YEAR OF THE CHILD 1979 and SCIENCE AND TECHNOLOGY; WHEREAS, the observance of United Nations Day is an occasion not to glorify but to examine realistically the work of the United Nations system and how it has benefited Americans in the world; and WHEREAS, the Town Council is of the opinion that the designation of October 24, 1978 as United Nations Day will lead to a better perspective on how domestic problems are related to international issues; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council of the Town of Vail hereby, designates October 2~, 1978, as United Nations Day, to be observed within the Town of Vail. Section 2. The Town Council hereby appoints to act as United Nations Day Chairman for the Town of Vail. ~a~~"2 g,~ s • Y...----~.~. I"N~Rpp[IC~D r o~ Au9u~'t r lg7 $ day pRO~~D AND ADppTED , R~A17 r A~'' r ~~ Town ~~'~~~ t,~is lath R f r ,.~ i ~ 1 ~. / ~ 7 CERTIFIED RECORD OF PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO RELATING TO A RESOLUTION RELATING TO A PARTIAL REDEMPTION OF TTS TOWN OF VAIL, COLORADO STREET IMPROVEMENT DISTRICT NO. 1 LOCAL IMPROVEMENT BONDS, SERIES OCTOBER 1, X978 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 regu- lar meeting place thereof in said Town, on Tuesday, the 15th day of August, 1978, at the hour of 7:3d P.M. The following members of the Town Council were present: Rod Slifer, Mayor John Donovan Scott Hopman Paula Palmateer Bob Ruder Bill Wilto Tom Steinberg The following members of the Town Council were absent: The following persons were also present: Colleen Kline, Town Clerk Larry Rider, Town Attorney Terry Minger, Town Manager Thereupon Council Member 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: RESOLUTION NO. ~~ Series of 1978 ' A RESOLUTION EXERCISING THE OPTION AND OBLIGATION OF THE TOWN COUNCIL TO REDEEM CERTAIN OF ITS TOWN OF VATL, COLORADO, STREET IMPROVEMENT DISTRICT NO. 1 LOCAL IMPROVEMENT $ONDS, SERTE5 OCTOBER 1, 1976, PRIOR TO MATURITY, AND AUTHORIZING TF~E MAILING AND PUBLICATION OF NOTICE THEREOF WHEREAS, pursuant to Ordinance No. 27, Series of 1.976, the Town Council has heretofore issued, sold and deliv- ered its Town of Vail., Colorado, Street Improvement District No. 1, Local Improvement Bonds, Series October 1, 1976, dated October 1, 1.976, in the principal amount of $540,000 ("the Bonds" ? ; WHEREAS, Section 6 of said ©rdinance 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, 1.976, Bond and Interest Fund" ("the Bond Fund") sufficient funds exceeding six months' interest on the unpaid balance of the bonds issued and outstand- ing, the 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 Town Council hereby finds that there exists in the Bond Fund the sum of $145,000.00 exceeding six months' interest on the unpaid balance of the Bonds issued and outstand- ing, said sum being sufficient to redeem 21 of the Bonds, in the denomination of $5,004.00 each, aggregating $1D5,000.00 in prin- cipal amount; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL Off' THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Tawn Council hereby finds that there exists in the Bond Fund the sum of $105,000.00 exceeding six months' interest an the unpaid balance of the Bands issued and ' RES. Page 2 outstanding, said sum being sufficient to redeem 21 of the Bonds, in the denomination of $5,000.00 each, aggregating $105,000.00 in principal amount. Section 2. The Town Council hereby exercises its option to redeem those Bonds numbered l8 to 38, in the denom- ination of $5,000.00 each, aggregating $105,000,00 in princi- pal amount, prior to their maturity date, on October 1, 1986, at a redemption price consisting of the principal amount of each Band so redeemed plus accrued interest thereon to the redemption date, payable at United Bank of Denver National Association, Denver, Colorado, as provided more fully in the form at notice hereinafter prescribed. Section 3. The Town Clerk shall cause a Notice of Partial Redemption in the following form to be published at least once in The Vail Trail and sent by first class postage prepaid mail to the holder of each of the Bonds being redeemed, if the names and addresses of such holders have been recorded with the Town Clerk, at least thirty {30) days prior to the redemption date: RES. Page 3 (Farm of Notice) NOTICE OF PARTIAL REDEMPTION OF TOWN OF VAIL, COLORADO STREET IMPROVEMENT DISTRICT NO. 1 LOCAL IMPROVEMENT BONDS, SERIES OCTOBER 1, 1976 NOTICE TS HEREBY GIVEN that the Town Council of the Tawas of Vail, Colorado, has exercised its option to redeem bonds. numbered 18 to 38 of the above-designated issue, in the denomination of $5,000.00 each, aggregating $105,000,00 in the principal amount, prior to their maturity date, on October 1, 1986, at a redemption price consisting of the principal amount of each band so redeemed plus accrued interest thereon to said redemption date. On said redemption date there will become due and pay- able 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 prin- cipal 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 redemption 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 prin- cipal amount thereof. Any coupons appurtenant to such bands far 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 C S day of August, 1978. TOWN OF VAIL, COLORADO {S E A L) /s/ Colleen Kline Town Clerk Publish in; The Vail Trail Publish on: August ~s , 1978 RES. Page 4 Section 4. All actions, not inconsistent with the provisions of this resolution, heretofore taken by the offi- cers 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 con- flict 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. Tf any section, paragraph, clause or pro- vision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this resolution. Section 7. This resolution shall take effect immediately upon its adoption. INTRODUCED, READ, APPROVED AND ADOPTED, this 15th day of August, 1978. Mayor ATTEST: Town Clerk _ • ' RES. Page Council Member seconded the motion, and the question being upon the adoption of said resolution, the roll was called with the fallawing result: Those voting "Yes": Council Members Rod Slifer, Mayor Paula Palmateer John Donovan Scott Hopman Bob Ruder Bill wilto Tom Steinberg Those voting "No": Council Members members of the Council present having voted in favor of 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. Mayor Town of Vail, Colorado ATTEST: Town Clerk Town of Vail, Colorado (S E A L) ' RES. Page 6 STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF VAIL ) I, Colleen Kline, Town Clerk, Town of Vail, Eagle County, Colorado, do hereby certify that the attached copy of Resolution No. ~~ Series of 1978, relating to a partial redemption of Town of Vail, Colorado, Street Improvement Dis- trict No. 1, Local Improvement Bonds, Series October 1, 1976, is a true and correct copy of said resolution a.s 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 15th day of August, 1978; 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 Town Clerk of the Town, sealed with the seal of the Town, and recorded in the official records of the Town; that the foregoing six .pages constitute a true and correct copy of the record of the proceedings of the Town Council at said regular meeting insofar as said pro- ceedings 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 therein shown. TN WITNESS W~#EREOF, T have hereunto set my hand and the seal of the Town of Vail, Colorado, this 15th day of August, 1976. Colleen Kline Town Clerk (S E A L) M v l P RES. Page STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF VAIL ) I, Colleen M. Kline, Town Clerk, Town of Vail, Eagle County, Colorado, do hereby certify that T caused a Notice of Partial Redemption in substantially the form set forth herein at page 3 to be published in The Vail Trail i~ its issue of August , 197$, as evidenced by the affidavit of publication attached hereto at page S, and to be sent by first- class postage prepaid mail on August , 1.978, 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 9. IN WITNESS WHEREOF, Z have hereunto set my hand and the seal. of the Town of Vaa.1, Colorado, this day of August, 197$. Colleen M. Kline Town Glerk Town of Vail, Colorado {S E A L} l ~,. ~ ,._ RESOLUTION N0. ~ ~ Series of 1978 A RESOLUTION OF THE T4Y~N COUNCIL EXPRESSING ITS APPRECIATION TO DON NEWCOMBE FOR HIS SERVICES TO THE STATE OF COLORADO AND THE TOWN OF VAIL AND FOR HIS CONTINUED EFFORTS TO EDUCATE THE PUBLIC ABOUT THE EFFECTS OF ALCOHOL; DESIGNATING THE WEEK OF SEPTEMBER 17 TO 23, 1978, A5 ALCOHOL AWARENESS WEEK; AND SETTING FORTH DETAILS RELATING THERETO WHEREAS, Don Newcombe, as a Major League pitcher with the Dodgers, distinguished himself, being named in 1956 the Cy Young Award winner, Most Valuable Player of the National League, and the Outstanding Player of the Year; WHEREAS, Dan Newcombe has distinguished himself by serving on the National Institute of Alcohol Abuse and Alcoholism, travelling one half million miles and visiting hundreds of cities and towns across the country to educate the public, young and old, to the dangers of alcohol; WHEREAS, Don Newcombe has served the State of Colorado for four years in its program to educate the public on alcoholism, last year alone speaking to more than 20,000 people in the State- WHEREAS, alcohol use and abuse creates major social and economic impacts on the State of Colorado contributing to the accident and death to11s on the highways, loss of employee time and production for industry, family disruption, mental illness and crime; WHEREAS, alcohol use and abuse is an increasing problem for young people in the high school and junior high school age group; and WHEREAS, the Town Council is of the opinion that the Town should support Alcohol Awareness Week and recognize those who contribute so much to it; NOW, THEREFORE, BE IT RESOLVED BUY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Res. Page 2 (1) The Town Council hereby expresses its appreciation to Don Newcombe for his services to the State of Colorado and its citizens and his efforts to educate the public about alcohol, in particular, his efforts in Eagle County, speaking to high school students, civic groups, and other interested people. The Council commends Don Newcombe far his interest and dedication to a diffi- cult and time-consuming task. (2) The Town Council hereby designates the week of September 17 through 23, 1978, as Alcohol Awareness Week for the residents and visitors to the Town of Vail. INTRODUCED, READ, APPROVED, AND ADOPTED, this 5th day of September, 1978. 7 ~ ~, . ._., f- ~~ c ..~ M yor~` ~ ~ ~ ATTEST: ~~ Town Clerk ` _, RESOLUTION NO. Z~ Series of 1978 A RESOLUTION OF THE TOinTN COUNCIL AUTHORIZ- ING AN AMENDMENT TO THE TOWN OF VAIL'S PENSION PLAN TO CONFORM WITH THE REQUIRE- MENTS OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974; AUTHORIZING AND DIRECTING THE TOWN MANAGER TO ACT AS THE AGENT FOR THE TOWN OF VAIL WITH RESPECT TO SAID AMENDED PENSION PLAN; AUTHORIZING AND DIRECTING THAT THE TOWN MANAGER SHALL SUBMIT THE AMENDED PENSION PLAN TO THE INTERNAL REVENUE SERVICE FOR APPROVAL; APPOINTING JOHN F. MCNALLY TO REPRESENT THE TOWN BEFORE THE INTERNAL REVENUE SERVICE AND TO ACT AS THE AGENT FOR THE TOWN WITH RESPECT TO THE INTERNAL REVENUE SERVICE IN OBTAINING THE NECESSARY APPROVAL AND QUALIFICATION OF THIS AMENDED PENSION PLAN; AND SETTING FORTH DETAILS IN RELATION THERETO WHEREAS, the Town of Vail has a Pension Plan and Trust Agreement that requires amending in order to meet the requirements of the Federal Employee Retirement Income Security Act of 1974; WHEREAS, the Town Council is of the opinion that the pension Plan should be amended and should be submitted to the Internal Revenue Service for determination as to whether it is a qualified, tax--exempt Plan and Trust under the Internal Revenue Code; and WHEREAS, the Council is of the opinion that these amendments are necessary in order to have a properly qualified Pension Plan; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Town of Vai1's Pension Plan and Trust Agree- ment is amended and restated in its entirety to conform with the requirements of the Employee Retirement Income Security Act of 1974 ("ERISA"}. (2) The First Amendment to the Pension Plan and Trust Agreement of the Town of Vail, a copy of which is attached hereto, as Exhibit "A", is hereby approved, and the Town Manager is hereby Re ~ ~ P~~ 2 .. authorized and directed to execute the First Amendment in the name of and on behalf of the Town of Vail. (3) The Town Manager and other appropriate employees of the Town are hereby authorized and directed to promptly sub- mit the First Amendment to the Internal Revenue Service for approval as a qualified, tax-exempt Pension Plan and Trust under the Internal Revenue Code, and to execute and file on behalf of the Town any required forms and documents related thereto. {4} Terrell J. Minger and Stanley F. Bernstein are hereby appointed to act as the members of the Committee under the First Amendment to the Pension Plan and Trust Agreement until such time as the Town Council shall direct, (5) The Town Manager and other appropriate employees of the Town are hereby authorized and directed to execute in the name of and on behalf of the Town any further amendments needed to obtain the approval of the Internal Revenue Service that said Plan is a qualified, tax-exempt Plan and Trust under the Internal Revenue Code. (6) The Town Council appoints Jahn F. McNally as its attorney in fact to represent it before the Internal Revenue Service and to receive information and correspondence from the Internal Revenue Service with respect to matters pertaining to the tax-exempt qualification of the Plan and Trust, and the Town Manager is hereby authorized and directed to execute and have duly filed on behalf of the Town, Internal Revenue Service Form 2848, Power of Attorney, and Form 2848-D, Authorization and Declar- ation, copies of which are attached hereto and incorporated herein, so appointing John F. McNally as its attorney in fact. (7} In the event the Internal Revenue Service requires as a condition to approving the amended Plan and Trust Agreement as a tax-exempt Plan and Trust, the Town of Vail shall appeal to and obtain a decision from the Secretary of the Treasury or his delegate to allow the Plan and Trust Agreement to be amended retro- Res . P~e 3 actively to the date ERISA first applied to it, then the Town Manager is hereby authorized to have said appeal taken on behalf of the Town. INTRODUCED, READ, APPROVED, AND ADOPTED, this 5th day of Septer~tber, 1978. .r Mayor ~ ' ATTEST: ~~ ~ ~ ~~ Town Clerk • RESOLUTION NO. 22 Series of 1978 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL RECOMMENDING THE DESIGNATION OF CERTAIN ROADLESS AREAS WTTHIN THE HOLY CROSS RANGER DISTRICT OF THE WHITE RIVER NATIONAL FOREST AS "INSTANT" WTLDERNE55; AND THE DESIGNATION OF OTHER AREAS FOR MULTIPLE USE PURPOSES WHEREAS, there are certain roadless areas within the Holy Cross District's RARE II inventories, presently under the jurisdiction of the United States Forest Service, that would appear to qualify for specific use designation; WHEREAS, certain specified areas should be designated "Instant" Lilderness in order to protect them permanently for the public's use and enjoyment; WHEREAS, certain specific areas should be released for multiple use purposes; and saHEREAS, the Tawn Cauncil wishes to publicly state its support for specific designations of some of the Forest Service lands within the Holy Cross Ranger District; NOW, THEREFORE, BE TT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Town Council is of the belief that certain roadless areas within the Holy Cross District of the White River National Forest meet the qualifications for Wilderness protection and should be so designated. Those areas are as follows: {a) Na. 7.70, Holy Cross, should be designated "Instant" Wilderness because of its extremely high Wilderness Attribute rating, and its scenic, historical, and wildlife hab- itat values. It offers unique opportunity for a wilderness recreation experience, valuable to a resort such as Vail. {b) No. 147, Spraddle Creek, No. 148, Middle Creek, No. 149, South Fark Piney River, No. 150, Piney, and No. 151, Elliott Ridge, should be added to the existing Eagles Nest Wilderness Area because of their high wilderness quality and value Res. 2'2 Page ~ for wildlife habitat and because of the wilderness recreation experience they can provide for Vaal area visitors and residents. {2} The Town Council is of the belief that Roadless Area No. 146, Two Elk, should be released for multiple use pur- poses because of its proximity to the ski area expansion planned by Vail Associates, Inc. for the China Bawl area. (3} The Town Council includes as part of its findings Exhibits "A" and "B" which are attached hereto. INTRODUCED, READ, APPROVED AND ADAPTED, this 19th day of September, 1978. 1y Ma'~`rt5 r / ~ (J ~ ATTEST: ~fr ~-___._ Tvwn Clerk • • ... 7* o'~r ~oo m Nla•HF•~F-+.3V F~o ~Tµi titG in N ~s. O ~ g~ o G~ My~ o mH ml y ~r rwfm o ~~+ ~G m" r H N rpn `F ~ w Vi W m i+ ~ h~ i{ .' r ~ i 8 o tO9 H m~ i rt 4 h w O, kt u Ic c I~" rr ry y m m p~I o''•~,}a~y.'y ~`a'vp-a~+'.~m ~~ w ~ ~°»,~y~ o y ~rai ~;~~ `.~,fi~Wr+,~Ni+Nf ~~a w fiµw y~p~~ a v ~ ~& L=J FY N m O SD 3 to ~ Y N N N m~~ m m F-' w~ a r~u p `{ ova ~~ a; F~ < r• rW+~wf o n o o Fi p H~~ o o ~` ^J • ~. 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I _- ., . ~ - ~o,~_ ' ~ , nay ~y~s,,. ~~I r y ' } ~y ./9o I~' I ~2'}OM~. ,,. ~ , ~ !: ~ 4a `~ ! r baoo ~,. ~ : ,~~ ~ ~~ 1 /.~ ~... E '~~ ~ .~ ~ rrlb.. ~~ ~ .aO~~ ,~O~i ~Ec~~ yl, i~~J° I r ~ Nn Q, ~ Y~ 1 _ _ ~; ~: ., ~' ~ ~m I-- r' .~ _ I~ o '0 3 \r.. - I !, b. _ p °~ y _ as ~~rr~ ! w. •u ~-<.. I, '~~ . yr~.~ ~- „j,A N .Q ~ _ . ~, N _~ ra3;,i - ~ 6 'W~wa1 cr _ 1 ~_ _"_ iC- ^e-~_ f ~i~a~ n 'k ~ ~ I'° r -- l ~INU - !! A, ~ I ~ 1~MEz_ ~~~\ ty ~ ~ Z ~ ~ I P . iqy .~ u~ ~,~ ~ I ~• ~• RESOLUTION NO. ~' ~"5 Series of 1978 A RESOLUTION ACCEPTING THE DEDICATION OF A PARCEL OF PROPERTY FROM ELIZABETH M. WEBSTER; AND SETTING FORTH DETAILS TN RELATION THERETO WHEREAS, Elizabeth M. Webster has dedicated to the Tawn of Vail a parcel of property to be used as open space and for utility purposes; and WHEREAS, the Town Council is of the opinion that the dedication should be accepted under the conditions stated therein; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The deed of dedication which is attached to this resolution as Exhibit A, is hereby accepted, including the con- ditions imposed upon said dedication. {2} The Mayor is hereby authorized and directed to execute the acceptance of the dedication for and on behalf of the Town of Vail, and the Town Clerk is authorized and directed to attest to the Mayor's signature and affix the Tawn seal to the acceptance of the dedication. INTRODUCED, READ, APPROVED, AND ADOPTED, this 19th day of September, 1978. I Ma ~ ATTEST: own Clerk . _. ~ • ~ y DE~IICATTON KNOW ALL MEN BY THESE PRE5ENT: ELIZABETH M. WEBSTER {hereinafter called "Webster"), is the owner of that property described on Exhibit "A" attached hereto; and Webster does hereby dedicate_ the described property to the Town of Vail, TO HAVE AND TO HOLD the same together with all and singular the appurtanances and privileges thereunto belonging or in anywise appertaining, PROVIDED ALWAYS, that this dedication is made subject to the following provisions and covenants, which shall apply to and bind the Town, its successors and assigns, namely: The described land shall be kept in its natural state and be preserved as open space; subject, however, to the use of said land for the installation, operation and maintenance of utilities. IN WITNESS WHEREOF, this instrument has been executed h this ~ ~ * day of , 197 ~. ~ ~.~ z~ ~ ~~~~~ I~1. L~l~b,l ;;~~ ELIZABETH M. WEBSTER State of Colorado } } S5: County of Eagle } 1k The f re of g instrument was acknowledged before me this ~/3 day of ~ 197 by Elizabeth M. Webster. (S E A L) My Commission expires : ~,r--=`:. ~` Notary ~ub i • • • ACCEPTANCE OF DEDICATION 2, Rodney E. Slifer, Mayor of the Town of Vail, a Colorado municipal corporation, and on behalf of the Town of Vail pursuant to the authority vested in me by Resolution No. ~' . Series of 197$, duly adopted by the Town Council of the Town of Vail, Colorado, on ~ ~ ~,fJl, 1978, do hereby accept the above and foregoing dedicatio for the uses and upon the terms and conditions set forth therein. IN WTTNE55 HEREOF, this instrument has been executed this Z ~ day of , 197, p {S E A L) ATTEST: ~[ • Town Clerk ~` State of Colorado ) sS: County of Eagle ) TOWN OF VAIL By: ey ./Sli er, yo The fare oing Acceptan e of Dedicatio as acknowledged before me this Z~ day of ~ , 197~,~, by Rodney E. Slifer, as Mayor of tY~ Town of Vail. Notary Public {S E A L) My coruni~sion expires: r, F+ .~, ~---.. ., .nn . • • EXHIBIT "A" DEED OF DEDICATION ELIZABETH M. WEBSTER TO TOWN OF VAIL PARCEL A: A parcel of land Lying within ship 5 South,~Range 80 West c Vail, Eagle County, Colorado. Road and easterly of Lot 34, more particularly described a the NE 1/9 NE 1/9 of Section 7, Town f the 6th Principal d~eridian, Town bf Said parcel being northerly of Fore. Block 7, Vail Village First Filing•an+ s follows: Beginning at the southeasterly corner of said Lot 34 being the TRUI PDINT OF BEGINNING; thence N 00°23'00" j~ along the easterly bounda~ line of said Lot 39 a distance of 169.89 feet to a point on the southerly Right-of-way line of Beaver Dan Road; thence N. £9°37'00" along said Right-of-I~Tay line a distance of 20.00 feet to a .point of intersection of said Right-of-Way line and the easterly boundary line of said Section 7; thence S 00°23'00" E a distance of 175.40 feet to a_point of intersection of said easterly boundary line and the northerly Right-of-Way line of Forest Road; thence N 77°90'00" W along said Right-of-Way line a distance of 20.50 feet to the TRUE POINT OF. BEGII~NYNG PAxu..~.~ B A parcel of land lying within the NW 1/4 N<a 1/9 of Section 8, Town- ship 5 South, Range 80 West of the 6th Principal meridian, Town of Vail, Eagle County, Colorado. Said parcel being northerly of Fore Road and wes~.erly of Lot 35, Block 7, Vail• Village First Filing anc more particularly described as follows: Beginning at the southwesterly corner of said Lot 35, Block 7, beir, the TRUE POINT OF BEGYI~NING; thence N {}Oo23' 00" :~ along the westerl boundary line of said Lot 35 a distance of 129.69 feet; thence 5 80 00'00" W a•di.stance of 20.29 feet to a point an the westerly bounda line of said Section 8; thence S 00°23'00" E along said westerly boundary line a distance of 121.79 feet to a point on the northerly Right-of-Way line of said Forest Road; thence'S 77°90'00" E along said Right-of-Way line a distance of 2D.50 feet to the TRUE POINT OF BEGINNING • • RESOLUTION NO . ~~ ~~ Series of 1978 A RESOLUTION OF THE TOWN COUNCIL DISCHARGING THE TOWN OF VAIL HOUSING TASK FORCE AND EXPRESSING THE APPRECIATION OF THE TOWN COUNCIL FOR A JOB WELL DONE WHEREAS, the Town Council sought public input into the need for low and moderate priced housing within the Town of Vail for rental and purchase by employees and residents of the Town of Vail; WHEREAS, to aid in the study, the Town Council appointed a Housing Task Force composed of interested persons to review the information available, goals and objectives of the Town of Vail, and the need for low and moderate priced housing; WHEREAS, the Housing Task Force met numerous times during the summer of 1978 considering the housing problem and possible solutions to it; and WHEREAS, the analysis of the Housing Task Force has been completed and the report given to the Town Council; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: {1) The Town Council has received the analysis of the housing crisis within the Town of Vail and the recommendations from the Housing Task Force. This analysis and report complete the charge given to the Task Force from the Town Council, and therefore, the Housing Task Force is hereby dissolved. {2) The problem of the lack of housing for low and moderate income residents of the Town of Vail and employees required by the businesses of the Tawn o£ Vail is a difficult and complex problem. The time spent by the Housing Task Force in analyzing the problem and making its recommendations to the Town Council has been a great aid to the Council, and the Task Force's report and recommendations will act as the guide for future direction by the Town Council. The Council hereby expresses its deep appreciation to the Task Force for a job well done. ' ~ ~. ' Res. Page 2 (3) The completion of the analysis and report by the Housing Task Force is only the first step in the resolution of the low and moderate priced housing problem within the Town of Vail. The Town Council commits itself to moving forward in the implementation of solutions for the lack of low and moderate housing for residents and employees within the Town of Vail. INTRODUCED, READ, APPROVED, AND ADOPTED, this 3rd day of October, 1978. ..~---, Mayor ~ - _"_, j : ATTEST: ~~ / J Town Clerk _ ~ . RESOLUTION NO. ~_`~ Series of 1978 A RESOLUTION OF THE TOWN COUNCIL APPROVING THE AGREEMENT FOR PURCHASE OF THAT SITE KNOWN AS THE GONDOLA I SITE LOCATED TN VAIL VILLAGE FIRST FILING, TOWN OF VAIL; AUTHORIZING THE TOWN MANAGER TO EXECUTE FOR AND ON BEHALF OF THE TOWN COUNCIL THE PURCHASE AGREEMENT, CLOSING DOCUMENTS, NOTE AND DEED OF TRU5T TO VAIL ASSOCIATES, AND ANY OTHER DOCUMENTS OR AGREEMENTS NECESSARY FOR THE COMPLETION OF THIS TRANSACTION; DIRECTING THE THE TOWN CLERK TO ATTEST TO THE SIGNATURE OF THE TOWN MANAGER AND TO AFFIX THE SEAL OF THE TOWN OF VAIL TO ANY INSTRUMENTS OR DOCUMENTS NECESSARY FOR THE COMPLETION OF THIS TRANSACTION WHEREAS, Vail Associates has agreed to sell, and the Town of Vail has agreed to purchase that parcel of property known as the Gondola I site located within Vail Village First Filing, Town of Vail, Colorado; WHEREAS, Plaza Lodge, Inc., a Texas corporation, and adjacent property owner to the Gondola I site, has agreed to pay to the Town of Vail $100,000 in five yearly installments of $20,000 each; and WHEREAS, the Town Council is of the opinion that the agreements between all three parties should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Town Council hereby approves the proposed agreement between the Town of Vail and Vail Associates attached hereto as Exhibit "A" for the sale and purchase of the Gondola I site identified therein. Further, the Town of Vail hereby approves the contract between the Town of Vail and Plaza Lodge, Inc., a Texas corporation, for the payment to the Town of Vail of $100,000 to be used for the purchase of the Gondola I site. (2) The Town Manager is hereby authorized and directed to execute both contracts for and on behalf of the Town Council, Town of Vail. Further, the Town Manager is authorized to execute _~age 2 for and on behalf of the Town any documents necessary for the closing of this transaction, including the note and deed of trust referred to in the agreement with Vail Associates. (3) The Town Clerk is authorized and directed to Mayor (~ attest to the signature of the Town Manager and to affix the seal of the Town to any documents requiring the same. INTRODUCED, READ, APPROVED, AND ADOPTED, th15 17th day of October, 197$. ATTEST: .~//~7 /r~~ ! r ~~ T3ro~n " erk` ' ,-~ ~~~~~~ . ~~ ~- • /~:.~ • • RESOLUTION N0. Series of 1978 A RESOLUTION OF THE TOWN COUNCIL EXPRESSING ITS OPPOSITION TO PROPO- SITTON 2 TO BE VOTED ON AT THE GENERAL ELECTION IN NOVEMBER, 1978; AND SETTING FORTH DETAILS RELATING THERETO WHEREAS, the Town Council is of the opinion that the desire to limit governmental spending is commendable; WHEREAS, certain steps should be taken to study and consider the appropriate direction for limiting public spending, but Proposition 2 to be voted on by the voters in the general election in November, 1978, proposes an inappropriate method for achieving desirable ends; WHEREAS, the Town Council believes that same of the negative impacts that will be felt are as follows: (a) That in determining allowable expenditure levels Proposition 2 only counts the residents of the community and not tourists or those who live outside the Town but receive services from the Town; (b) Proposition 2 utilizes the Consumer Price Index for determining appropriate increases in expenditures, but the Consumer Price Index does not reflect or measure the types of purchases by municipalities; (c) The implementation of Proposition 2 may reduce State payments and revenue to municipalities and thereby lead to higher property taxes; and WHEREAS, the Town Council is of the opinion that Propo- sition 2 proposes an inappropriate method for limiting increases in governmental spending and will in fact be detrimental. to the public's interest; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The Town Council hereby states its apposition to the method proposed by Proposition 2 for the limiting of increases in governmental spending. ~~ . Page 2 (2) The Town Council urges that all voters in the Gore Valley study closely Proposition 2, considering the question of whether it is a proper method for obtaining the results sought, and thereafter to vote against Proposition 2. (3.) The Council states that its opposition to Proposition 2 is in the belief that it is contrary to the public interest. INTRODUCED, READ, APPROVED, AND ADOPTED, this 17th day of October, 1978. ~~~ Mayor ` ~ ' ATTEST: Town Clerk i~ • ~ RESOLUTION NO. Series of 1978 A RESOLUTION OF THE TOWN COUNCIL ADOPTING A TOWN OF VAIL HOUSING POLICY TO ENCOURAGE AND PROMOTE DIVERSITY OF HOUSING WITHIN THE TOWN OF VAIL; AND SETTING FORTH DETAILS RELATING THERETO WHEREAS, the Tawn of Vail and the Gore Valley have experienced an increased demand for housing both for visitors to the area and residents; WHEREAS, the increased demand far housing has caused the cost of housing to be greatly increased; WHEREAS, the increased demand for housing has been greater than the construction and supply of housing; WHEREAS, because of the increase in the demand and the decrease in the available supply of housing, the availability of housing for the full spectrum of residents and visitors has been diminished, and what housing is available has become very expen- sive; and WHEREAS, it is the opinion of the Town Council that the Town must encourage and promote diversity of housing in order to provide an adequate supply of housing for all people; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: {1) The Town Council, as the first step in the contin- •'~~ uing process of encouraging and promoting housing, adapts a Town of Vail Housing Policy specifying the goals and policies of the Town of Vail relating to housing, particularly in the Town of Vail and also the Gore Valley. (2) The following Housing Policy is hereby adopted and approved by the Town Council: TOWN OF VAIL -- HOUSING POLICY GOAL: To encourage and promote a diversity of housing geared to anticipated population growth for visitor and resident alike. To ensure an ade- quate supply of decent, suitably priced housing for moderate and middle income persons. To plan for housing patterns which provide for community diversity through social and economic integration. • . Res. Page 2 POLICIES; * Encourage and facilitate the development of moderate income housing. * Require highest quality standards for all new housing developments. * Recognize the value of the mixing and diver- sification of various social, economic, and political c~~~u«unities . * Maintain an appropriate equilibrium mix between guest and local resident housing. * There should be no direct or ongoing costs to the Town of Vail for housing, except for in- house and staff time costs. * The Town will enter into a joint agreement with Vail Associates and cause 100 units of rental housing to be constructed on the LionsHead parking lot by winter 1979, The Town will not entertain any other joint seasonal rental agree- ments for two years or until the 100 units come on line and the market impact analyzed. * The Town of Vail has established specific cri- teria for the use of Industrial Revenue Bonds or similar fiscal tools for permanent housing finance. * Increased densities may be available for projects in the RC through HDMF zone districts, which include long-term rental units as an integral part of the development. * The Town is considering the requirement of long- term rental housing units in all new housing or accommodation unit projects in zone districts PA, CCI, CCIT; CSC, or other projects that employ 10 or more full-time persons in the project area. * The Town of Vail Housing Policy will be evaluated on a regular, continuing basis. (3) The Town Council pledges itself and the Town of Vail to further the implementation of these goals and policies in order to encourage and promote adequate housing. INTRODUCED, READ, APPROVED AND ADOPTED, this 7th day of November, 1978. .. M yo r / ~ ATTEST: Town Clerk ~ ~ ~ RESOLUTION NO. Series of 1978 A RESOLUTION OF THE TOWN COUNCIL APPROVING THE TOWN'S LEASING OF CERTAIN EQUIPMENT; AUTHORIZING THE TOWN MANAGER TO EXECUTE ALL LEASES, BILLS OF SALE OR OTHER DOCUMENTS TO FINALIZE SAID TRANSACTION; DIRECTING THE TOWN CLERK TO ATTEST TO THE TOWN MANAGER'S SIG- NATURE AND TO AFFIX THE SEAL OF THE TOWN TO ALL NEC- ESSARY DOCUMENTS WHEREAS, the Town has agreed to a refinancing and leasing plan with Kirchman and Moore Leasing Co. relating to a 1974 JD 644-B wheel loader, 1975 Dodge pump truck, 1975 Unimog with snowblower and backhoe, 1975 HC 65 wheel loader, 1978 Unimog with plow, 1978 Elgin Whirlwind street sweeper, and 1978 JD 416-A backhoe wheel loader; and WHEREAS, the Town Council is of the opinion that the terms of said refinancing and lease should be approved; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (1) The refinancing and Lease arrangement summarized on the attached memorandum marked as exhibit "A" between the Town of Vail and Kirchman and Moore Leasing Co. for the above--identified equipment is hereby approved. (2) The Town Manager is hereby authorized to execute far and on behalf of the Town all documents necessary to complete the within ap- proved arrangement, including leases, bills of sale and closing documents. (3) The Town Clerk is directed to attest to the signature of the Town Manager and to affix the seal of the Town to said documents. INTRODUCED, READ, APPROVED, AND ADOPTED, this 21st day of November, 1978. r ~_ ' Ma r ATTEST: ;~ ~' ~v4 ~'I'own Clerk • ~ M El ~A N Q U 1~ REs LEASE DF EQUIPMENT THE FOLLOWING EQUIPMENT IS TO BE LEASED FROM K AND M LEASING COMPANY AS LOW BIDDERS FOR THE TERM AND ~uaAL COST,INDTACTED BELOWs 1.) 1974 JD 644-B Wt-EEL LOADER. 1975 DODGE DUMP TFtUGK, 1975 UNIMOG W/SNDWBLOWER AND BACKHOE, 1975 HC 65 WHEEL LOADER; NET AMOUNT TD BE FINANCED YS 552,329. PAYMEM'S QUAR ~ trsi_Y IN ARREARS DF ONE INSTALLMENT PAYMENT OF 5 6,798.94 SEVEN INSTALLMENT PAYM`=PITS 7,581.89 ONE INSTALLMENT PAYMENT 7,681.57 TOTAL PAYMENTS 68.253.84 TOTAL INitr<EST 5.924.84 NET INTEREST RATE $.50X 2.) 1978 UNIMOG >rlITH PLOW, 1978 ELGIN WHIRLWIND Sirc~~i SWEEPER. 1978 JD 410-A BACKFiOE WHEEL LOADERf NET AMOU~'T TO BE FINANCED 510$,002. PAYMENTS QUAR I thcLY iN ARREARS .OF ' FRYMEI^IT £RSE fIt4T CREDITED AMT CkEI1ITED TO f•illt•1I:EF' FFIYf•tEtiT TO IMTEkEST f7RIGIf•{F!L LEFISE ~'RLUE ORI~~IIIHL TEF'I4 _.~._____i __.~__-5,'K,~ 73.32 5. ~6g4.9i ~ 54r 48f1.41 ~ 103- 5I ~. 55 UF'T1Qt~{ Td f5llit'CHri~:E • 1lFILUE: 5 1 ti7:476.5f: F I f2CT kEP3EGIRL TERM 2 Sb- 543. Ur• 51- 9b9. C7 54- 073.79 598- 939. s30 3 $:6:549. ~Ga 51 s $52.25 11~4r 66t~. $1 5941 c78.95~ 4 Sb- 543. Ur. gl - 793.58 $4 r 749.48 589, 589. vl S g:6- 5+43. Ur• $1:703.83 S4- $39.83 584r 689. b8 ^F•T I Dri Tf] F~.Il~[HFi E VALUE: 9~87- 3i~4.7!~ ~ . . SEC:O-1i~ ft:EhEhfHL TEF'M 6 1:7:5•i i. Uri Sir6i1. i6 i~4-9?1.9U ~ $?9r7.ci7.78 7 1~6-'S4 3. U•_+ 51 r 517.33 g5- U25.73 x74 r 7:32. 0` 6 Sb~Sa .Ua 3~1+421.72 S•Srlcl.?4 Sb5-616.71 9 f•-.~, SA ~. [~o ~• 1 - 324. t9 SS- 218.77 564 r 391.9a OF'T 10111 TD FUFI".Hr~: E VALUE: ~•5`-f~;-S. t~~~ THIF~I1 f~ENEIdiiL TERM ' ! 0 '~~•- 54 i. E~r~ ~~] - 225.01 lv5r :~ 1$. Q5 ~ ffi59- 073.89 i l .~ti! 5,~ ?. ~1r. ~~ 1 f 1 ~ . 8 i ~.St 419. ice.: ~•~~! HJ•~. k•h 1 ^ 'I,a+°.~~~ . ~:~^ 51- i~-•i~.74 g5+S:,~'. 32 548: 1 :~.3~3 13 'i•r: + T~4 3. iti!~ $ 915. t•8 gS- 627. s8 542- SG~i. y6 pF'T I Llt1 TEI F'I sF•CHH i E v~sLCl~ : ~t.a ~ 1. ~ . ~~ .. J FBUi~TH i~EtiEWRL TERM ' ~ a4 g6r543.06 15 9br543.Gb ] E S:b r 543. Ob 17 y6x 54;i. 0ea OPT I Oli TU PU~CHFiSE VRLUE~ '. 519.0~'~3:'~7 FIFTH RENEWr~L TEkM --------------- 18 Sbs543.06 19 S:bx 543. Ob 2G $bx541.97 I}PT I ON Ta .PUkCHFiSE VALUE: S. GO • 1 $ ~G$. f 2 g5r 734.44 5 E99.5^a $5r ~:43.5a 5 53$. 3~. 5~5 r 5+54.7 G 475. G3 56x0%7.98 5 359.84 96.183.42 5 242. G1 9bx 301. G5 5 122.13 $~bx 419.84 536.770.52 " 530x926.59 5:24 ~ 572. ~9 ~18r944.31 .$12r 720.89 9b:419.84 ' .. $. t1G ~~ TOTAL PAYMENTS TOTAL INTEREST ~7' INTEREST RATE OF 5129,490.3D 21,488.37 7.6~-'~ II ~~ , t . • ~ ~~ RESOLUTION NO. ~~~ Series of 1978 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL AUTHORIZING THE GRANTING OF A FRANCHISE TO HOLY CROSS ELECTRIC ASSOCIATION, INC., FOR TWENTY YEARS, COMMENCING ON JANUARY 1, 1979, AND IMPOSING AN ANNUAL FRANCHISE FEE OF THREE PERCENT (3~), AS MORE FULLY SET FORTH TN ORDINANCE NO. 49 (SERIES OF 1978); AGREEING TO THE TERMS AND CON- DITIONS OF THE RESOLUTION OF THE BOARD OF DIRECTORS OF HOLY CROSS; AND SETTING FORTH DETAILS RELATING THERETO WHEREAS, the Board of Directors of the Holy Cross Electric Association, Inc., met on November 8, 1978, and adopted a resolution relating to a franchise between the Town of Vail and Holy Cross, a utility occupation tax for the year 1978, and specified other terms and conditions relating thereto; and WHEREAS, the Town Council has considered said resolution of the Holy Crass Board of Directors, the agreement proposed therein, and the specified terms and conditions; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT. (1) The Town Council hereby authorizes and directs that Holy Cross Electric Association, Inc., be granted a franchise for the use of the public streets and ways within the Town of Vail as more fully set forth in Ordinance No. 49 {Series of 1978}. {2) The Town Council specifically agrees to and accepts the terms and conditions numbered 1, 2, 3, and 4 of the resolution of the Board of Directors of Holy Cross Electric Association, Inc., as stated in the Certificate of the Secretary of said Board, dated November $, 1978. (3) It is agreed that the franchise is subject to review and approval by the Public Utilities C~x~u~rission of the State of Colorado. {4) Upon execution of this resolution by the Mayor and the Town Clerk, the Town Clerk is authorized and directed to for- ward a certified copy of this resolution to the Board of Directors of Holy Crass Electric Association. Res• • Pag' R INTRODUCED, READ, APPROVED, AND ADOPTED, tha.s 5th day of December, 1978. w s Mayo r ATTEST: Town Clerk i ~ • ' ~ CERTIFICATE OF SECRETARY ~ . I, GEORGE W. LOESCH, do hereby certify: 1. That I am the duly appointed, qualified and acting Secretary of Holy Cross Electric Association, Inc. 2. That a regular meeting of the Board of Directors of Holy Cross Electric Association, Inc. was held November 8, 1978, and that a quorum of said Board of Directors was present and acted throughout, 3. That the following is a true and correct copy of a Resolution duly ~~~: adapted by said Board of Directors at said meeting, as entered in the minutes of said meeting, to-wit: ` RESOLVED: That this Association formally request the enactment by the Town of Vail of a franchise ordinance granting a franchise to this Association commencing January 1, 1979 and for a period of 20 years thereafter, providing for a franchise fee of 3 percent of gross revenues, substantially in the form of the proposed franchise ordinance attached hereto and by reference made a part hereof, all subject to the approval of the Public Utilities Commission of Colorado, this request being subject to the following terms and conditions: 1. Simultaneously with the enactment of such franchise ordinance, the Town of Vail shall also enact a utility occupational tax ordinance only for the calendar year 1978 providing for a tax for such calendar year in the amount of $78,000, to be paid by this Association to the Town of Vail. 2. This Association agrees not to surcharge such utility occupational tax to its consumers within the Town of Vaii provided that both the above ordinances are enacted simultaneously, in accordance with the procedures set forth in Section 4.10 of the Charter of the Town of Vail prior to the end of the calendar year 1978. 3. That the Town of Vail, by its acceptance hereof, admits liability to this Association for the repayment of the amount of $37,920.61, which represents utility occupational taxes collected by such Town from this Association for the period from December, 1976 through December, 1977. 4. That upon enactment of the above ordinances, as stated herein, and approval of the franchise ordinance by the Public Utilities Commission, this Association shall pay to the said Town the amount of the 1978 occupational tax, as specified herein, and simultaneously therewith the said Town shall repay to this Association the aforesaid amount of $37,920.61. Such exchange of payments shall be made within 30 days following approval of the franchise ordinance by the Public Utilities Commission, and the amounts of such payments shall not be subject to interest or penalties thereon. FURTHER RESOLVED, that the above and foregoing resolution of this Association is to be presented to the Town of Vail immediately hereafter as an offer of agreement, and this Association hereby requests acceptance hereof at the next regular meeting of the Town Council of such Town, whereupon such acceptance resolution shall be delivered in writing to the management of this Association forthwith, and the terms and con- ditions hereof shall become binding upon this Association and the Town of Vail. Dated this 8th day of November, 1978, at Glenwood Springs, Colorado. WITLESS my hand and official seal. ~:" / Georg' W. Loesch, Secretary of Holy Cross Electric Association, Inc.