HomeMy WebLinkAbout1981 Resolutions• ~ ~ - ~ • --
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RESOLUTION #I
( Series o~.~ 198I }
THIS MATTER came before the Town Council of the `d'own
of Vail, Colorado on January 65 198I at a regularly scheduled
meeting of said Council. Prior to the meeting a disagreement had
arisen between the administration of the Town of Vail and Holy
Cross Electric Association, Inc. concerning the meaning and inter-
pretation of Section 2, Paragraph D, of Ordinance No. 49 (Series
of 1978}, known as the "Town of Vaal -- Holy Cross Electric Franchise
Ordinance". The Town administration took the position that the
section of the ordinance which was in question required Holy Cross
to change or relocate electrical facilities within any easement
servicing the town works or facilities in order to facilitate a
change in the town facility or a relocation of streets, street
grades, pavements, or other utilities adjacent to the easement.
Holy Cross Electric took the position that such provision of the
ordinance only applied to the public ways set forth in the ordinance
itself. Meetings were held between officers of the town and manage-
ment of Holy Cross Electric, at which a settlement of the matter
was reached. Such agreed settlement is incorporated into the
following Resolution, which upon Motion duly made, seconded, put
and carried, finds and resolves as follows:
BE IT RESOLVED that far the purpose of interpreting
and clarifying Section 2, Paragraph D, of Ordinance No.
49 (Series of 1978) granting an electric utility franchise
from the Town of Vail to Holy Crass Electric Association,
Inc., it is agreed:
That Section 2, Paragraph D shall require Holy Cross
Electric Association, Inc. to pay its own costs of changing
the position of any pole, conduit or service connection of
the Company in the event such change is necessary to permit
the Town of Vail to lay, make or change street grades,
pavements, sewers, water mains or other Town works, only
under the following conditions:
(1) The change or relocation is made with regard to
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pales, conduits ar service connections lying within
public easements as defined and described in Section
2, Paragraph A, of said Ordinance No. 49; or
{2) The change or relocation is made with regar.'d
to poles, conduits, or service connect-.ions, the change
or relocation of which shall meet all of the following
conditions:
{a) The electrical facilities which are the
subject of the change or relocation must, prior to
relocation or change, lie within an easement granted
exclusively to Holy Cross by the Town of Vail; and
(b) Such electrical facilities must, prior to
and after relocation or change, supply electricity
only to a Town-owned facility located on Town-owned
property; and
(c) The Town work, facility or project, the con-
struction, reconstruction, removal, repair or revision
of which necessitates the change or relocation of
electrical facilities, must be constructed, reconstructed,
removed, repaired or revised by the Town, using its own
Tawn employees, primarily, other than incidental sub-
contracts of work on the project for minor or specialized
portions of the work, it being the intent hereof that
Holy Cross shall not pay for its relocation costs where
the Town shall hire a general contractor to handle con-
struction of the project, or the Town shall subcontract
.~ out a substantial portion, of the project,
(3) Any change or relocation of poles, conduits ox ser~rice
connections made at the request of the Town which does not meet
the specific conditions of paragraphs numbered (1) and {2)
above shall only be made after the Town has agreed to pay '
Holy Cross` actual costs of such change or removal upon comple-
tion of the work by Holy Crass.
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Done and to become effective as of ,T,a,,~~r~r F ~ ~~~
the date~on which the Town Council has passed the <~Bove and
foregoing Resolution.
TOWN OF VAIL, COLOR?ADO
BY [~
Mayor ~ ~'
ATTES'T' : I
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Tohah er
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:~GRELMENT
THIS AGREE~'.~E'iVT is entered into between the Town of Vail,
a Colorado muna.cip~zl corporation hereinafter referred to as
"the Town", and Holy Cross Electric Association, Inc., a
Colorado non--profit corporation, hereinafter as referred to
as "Holy Cross", on this day of , 1980.
WHEREAS, a disagreement had arisen between the Town and
Holy Cross concerning the meaning and interpretation of
Section 2, paragraph d, of Ordinance No. 49 (Series of 1975),
known as the "Town of Vail--Holy Cross Electric Franchise
Ordinance", and
WHEREAS, the Town took the position that the Section
of the Ordinance which was in question required Holy Cross
to change or relocate electrical facilities within any easement
servicing the Town works or facilities in order to facilitate
a change in the Town facility or a relocation of streets,
street grades, pavements, or other utilities adjacent to
the easement, and
WHEREAS, Holy Cross took the position that such provision
of the Ordinance only applied to the public ways set forth in
the Ordinance, and
WHEREAS, the parties have compromised their differences
and have reached a settlement of this matter, it is therefore
agreed as follows:
.. 1. Section 2, paragraph d of Ordinance No. 49
(Series of 1978) shall be interpreted by the
parties to require Holy Cross to pay its own
costs of changing the position of any pole,
conduit, or service connection of the company
in the event such change is necessary to permit
the Town of Vail to lay, make or change street
grades, pavements, sewers, water mains or other
town works, under the following conditions:
a. The change or relocation is made with regard
to the poles, conduits or service connections
lying within public easements as defined and
described in Section 2, paragraph a, of said
Ordinance No. 49; or
b. The change or relocations made with regard
to poles, conduits, or service connections,
the change or relocations of which shall meet
all of the following conditions:
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i. The electrical facilities which are the
subject of the relocation must, prior to
relocation or charAge, lie within an easement
granted exclusively to Holy Cross by the Town
of Vail.; and
ii. S~:ch electrical facilities must, prior to
and after relocation or change, supply
electricity only to the town-owned facility
located on town-owned property; and
iii. The Town work, facility, or project, the
construction, reconstruction, removal, repair
or revision of which necessitates the change
or relocation of the electrical facilities,
must be constructed, reconstructed, removed,
repaired, or revised by the Town, using its
own Town employees, primarily, other than
incidental subcontracts of work on the
project for minor or specialized portions of
the work, it being the intent hereof that
Holy Cross shall not pay for its xelocation
casts or the Town shall hire a general
contractor to handle construction of the
projects, or the Town shall subcontract
out a substantial portion of the project.
2. Any change or relocation of poles, conduits, or
service connections made at the request of the
Town which does not meet the specific conditions
herein above set forth in Paragraph No. 1 shall
only be made after the Town has agreed to pay
Holy Cross's actual costs of such change or
removal upon final completion of the work by
Holy Cross.
THE PARTIES have signed this Agreement this
day of , 1980.
TOWN OF VAIL, COLORADO
By:
Richard Caplan, Town Manager
HOLY CROSS ELECTRxC ASSOCIATION
By:
ATTEST:
President
By:
Secretary
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RESOLUTION Z
(Series of 1981)
A RESOLUTIONd C}F TiiE TOWN COUNCIL
AUTHORIZING THE PURCtIASE OF A PARCEL
OF PROPERTY KNOWN AS TH;~~ KING ARTHUR'S
COURT CONDOMINIUMS r'ROM THE EAST DENVER
NATIONAL BANK FOP A NET PUFCHASE PRICE OF
$280,000.; AUTHORIZING THE TOWN MANAGER
TO EXECUTE IE'OR AND ON BEl-iALF OF THE TO~YN
ALL INSTRTJMENTS AND DOCUMENTS NECESSARY
THEREFORE; AND, DIRECTING THE TOWN CLERK
TO ATTEST TO SAID EXECUTION; AND, SETTING
FORTH DETAILS IN RELATION THERETO.
WHEREAS, the Town Council by resolution #18, Series
of 1980, authorized the Town Attorney to commence a
preceeding in eminent domain for the acquisition of the
property known as The King Arthur's Court Condominiums
from the East Denver National Bank; and
WHEREAS, under the threat of condemnation, the owner
of the property, East Denver National Bank, has agreed to
the sale of the property to the Town and the Town Council
is of the opinion that the purchase of the property under
the terms of the agreement with the bank are in the interests
of the public;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, THAT:
Section 1. The Town Council hereby approves the following
terms and conditions for the purchase of the ring Arthur's Court
Condominium property from the East Denver National Bank:
(a) The net purchase price to be paid by the Town
shall be $280,000.
(b) In addition to the net purchase price specified
in subparagraph (a) above, the Town agrees to pay the cost to
the Owner of the removal of the foundations located on the
property.
{c) The Owner shall provide the Town, at its expense,
a title insurance committment, covering all of the property
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from a title insurance comp~.ny authorized to do business in
tine State o~ Colorado, binding said company to issue its regular
forr~i of owner's title insurance policy in the amount of the
net purchase price to the Town.
(d} If the Town shall assert the existence of any
encumbrance, encroachment, defect in, or objection to title,
which shall render the title unmarketable in which the Town does not
waive (herein "defects in title"}, notice of such defects
of title shall be delivered to the owner an or before the
closing date and the owner shall be entitled to an adjournment
of the closing date from a period not to exceed one hundred and
eighty days in which to remove or cure all such defects.
(e} If the owner fails to render the title to the
property marketable, an or before the adjourned closing date,
the Town may either elect to waive said defects of title or
to terminate the agreement to purchase. If the agreement is
so terminated, neither party shall have any further liability
to the other.
{f} A date, time and place f'ar closing shall be set
by the parties, but in no event later than February ]., x.981.
(g) The owner shall convey the property to the Town
by a good and sufficient general warranty deed free and clear of
all encumbrances, interests or restrictions, except for easements,
restrictions or covenants of record.
Section 2. The Town Manager is hereby authorized to sign
all instruments and documents necessary to complete this
transaction and `the Town Clerk is directed to attest to said
execution and to affix the seal of the Town thereto.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL this ~~_ day of January, 1981.
//
• Mayor ~ (/ '
ATTEST:
-~ ~ G~
Town erg
(2)
S ~ ~~
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RESOLUTION iV0 .. S
(Series of 1981)
RESOLUTION OF THE TOWN OF VAL TOWN
COUNCIL OPPUSING ANI' REDISTRIBUTION
OF THE STATE CONSEr~V~'~TiON TRUST FUND
PROCEEDS FOR O1~'IIEP THAN PARKS AND
RECREATION PUatPOSES.
WSiEREAS the voters of the State of Colorado, on November 4, 1980,
approved a constitutional amendment to authorize a state-run Tottery,
and
WHEREAS the ballot material designated the lottery proceeds
for local parks and recreation projects, and
WHEREAS all proceeds from a lottery are to be directed to the
Conservation Trust Fund, and
WHEREAS the proceeds from the Conservation Trust Fund are to
be used for the acquisition, development and maintenance of new
city, county and state conservation sites, and
WHEREAS the Town of Vail has significant unmet park and
recreation development object~.ves,
NOW, THEREFORE, be it resolved that the Town Council of the
Town of Vail opposes any redistribution of the Conservation Trust
Fund proceeds for other than parks and recreation purposes.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL this ~t'rf'%`.~, day of January, 1951.
__~ J.~;
~ ~.,
Mayox
ATTEST:
..
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~~ ~~~
Town Clerk
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RESO~uT~ON No. ~
(Series of 1981)
A RLSuLUTION DECLAI~,ING THE DEED FOIE
A HOUSING AUTHORITY TO I'UNCTIUN II3
THE COUNTY OF EAGLE, COLORADO AND
FOR THE TOWN OF VATL, COLORADO TO
BE INCLUDED jVITHIN THE BOUNDARIES OF
SAID HOUSING AUTHORITY.
WHEREAS, there is a shortage of decent, safe, and sanitary
dwelling accommodations in the County of Eagle, Colorado, avail-
able to persons engaged in agricultural work and their families,
and other low income-Iamilies;
WHEREAS, municipal and county governments are attempting to
work together to address the housing problem: The establishment
o~ a county-wide housing authority has been studied and is
considered to be a necessary step in addressing the County's
housing problems.
NOW THEREFORE, be i:t resolved that the Town of Vail requests
to be included in the Eagle County Housing Authority upon its
creation by the Board of Commissioners in accordance with
Section 29--4-501: j C.R.S. 1973, as amended.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL this ~.~G' [.t%
day of January, 1981.
'._~~ ti
14~ayoi~ ~ ~,
ATTEST
Town Clerk
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RESOLUTION #~5
(Series of 19&1)
A RESOLUTION Or THE TOWN COUNCIL
APPROVING THE RESOLUTION OF THE
LEGAL ACTION t3ROWN V. TOWN OF
VAIL RELATIIV'C TO Il0`1` G-4, LION'S
RIDGE SUBDIVISION, FILITdG N0. 2;
AND SETTING FORTH DETAILS RELATING
THERETO.
WHEREAS, a legal action has been commenced relating to the
development rights on Lot G-4, Lion's Ridge Subdivision, Filing
No. 2, hereinafter referred to as Lot G--4; and
WHEREAS, a proposal for resolution of that legal action has
been made by the Plaintiff; and
WHEREAS, the Town Council believes that the proposed resolution
should be accepted;
NOW, TH%REFORE, BE IT ORDAINED BY THE T0~"JN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section {1), In relation to the legal action - Brown v. Town
of Vail -relating to Lot G-4, the Town Council hereby accepts and
approves the proposed settlement in accordance with the following:
{a) The Court shall enter a declaratory judgment that the
rights of the Plaintiff consist of the Subdivision Covenants, the
rights granted by the judgrent in Civil Action No. 3~~9 and that
the County Subdivision regulations and Uniform Building Code in
effect on November 10, 1.9'T7 are applicable.
(b) The Town shall issue its appropriate permits in
accordance with and subject to said vested rights, upon application
by the Plaintiff.
(c) The stipulative judgment concerns this case only and
the parties hereto the Town is estopped to deny or oppose the
declaration of and existence of the vested rights.
(d) For a judgment that Plaintiff's rights shall inure to
the benefit of his heirs, successors and assigns.
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k~~.ction {2}. The Town approval is expressly contingent on the
following:
(a) The parties recognize and agree that the issues herein
inay have implications beyond the suit and it is their intention that
the Stipulation apply only to these parties and the facts in this
case.
(b) The Plaintiff wi11 dismiss with prejudice civil actions:
Brown v Town of Vail, 8J.CV26 and Brown v Town of Vail 81CV25 presently
flied in the Eagle County District Court.
(c) That the Plaintiff agrees that the development rights
on Lot G-d shall nat exceed 30 dwelling units, constructed in
accordance with the vested rights specified in (a) above.
Section (3). The Town Attorney is hereby authorized and
directed to prepare and sign for and on behalf of the Town the
documents and pleadings necessary to implement the terms of this
Fvesolution.
INTRODUCED, READ, APPROVED, AND ADOPTED this 3rd day of
February, 1981.
ATTEST:
.~
,/ . ,~~
Town Clerk
~~i/
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i
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rtayo~r ~~ ~ %` ~'
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RESOLUTION N0. 6
;Series of 1981)
H RESOLUTION APPROVING A SPORTS FACILIi'Y
PROJECT AND BONDS FOR VAiL ASSt~CIATES, TNC.,
bIAKING FINDINGS AMID AUTfIORIZ'NG BOND FINANCING
IN CONNECTION THEREWITH ~'~ND AU'THORIZING
REPRESENTATIVES OF THE ~1~OWN TO TAKE ACTION
INCIDENTAL THERETO.
WHEREAS, Vail Associates, Inc. (the "Company"} has requested
the Town of Vail, Colorado, for assistance with financing for a
project {the "Project") consisting of certain sports and recre-
ation facilities and related equipment for the Vail Mountain resort
area to be located within the Town or within three (3) miles thereof,
as more fully described in a letter of the Company dated February 12 ,
19$1, submitted to this meeting (a copy of which shall be filed with
the records of the Town); and,
WHEREAS, the Town desires to encourage the Company to proceed
with. the Project in order to further the purposes of the County and
Municipality Development Revenue Bond Act {the "Act") and the purposes
set forth in Ordinance No. 17, Series of 1975, enacted October 7, 19'75,
as supplemented and amended;
NOW, THEREFORE, BE IT RESOLVED, BY THE TOVdN COUNCIL OF THE TOWN
OF VAIL, COLORADO, AS FOLLOWS:
Section 1. Approval of the Project; Findings,. Based upon the
representations made and information supplied by the Company, the
Town hereby approves the Project and makes the following findings
in connection therewith:
A. The Project constitutes a "project" for purposes of the
Act in that it consists of properties, other than inventories, raw
materials and other working capita]., suitable or to be used for or
in connection with sports and recreational facilities available for
use by members of the general public, to be owned and operated by a
commercial. enterprise; and
B. The Project will promote the public purposes of the
Act and the safety, welfare, convenience and prosperity of the
inhabitants of Colorado by promoting industry and developing trade
thxou.gh tYaP ind~~cement of the Company to maintain and expand its
cperatio~zs, mitigG.ting a threat of 'anemplayment a.nd securing and
maintaining ~. balanced and stable economy in Colorado.
Section 2. Authorization of Band Financing. The Company's
letter proposal is hereby approved. The Town will issue its sports
Facility Revenue Bonds or Notes for the financing of the Project up
to a maximum aggregate principal amount of $ 6,000,000, such Bonds
or Notes (a) to be issued in compliance with the act, {b} to be
subject to such terms and conditions as the Company and the Town
Council, by ordinance, shall approve, and (c) not to pledge the
faith and credit or taxing power of the Town, but to be special,
limited obligations of the Town, payable solely from the revenues
of the Town derived from the payments to be made by the Company in
respect of the financing of the Project.
Section 3. Authorization of Town Representatives To Take
Incidental Action. The Mayor, Town Manager and Finance Director
of the Town or any of them are hereby authorized and directed to
take all action necessary to accomplish the purposes of this
resolution, including the acceptance and delivery of the Company's
letter proposal and the negotiation of agreements in connection with
the f ~.nancing of the Project .
Section 4. Effective Date. This resolution shall take effect
immediately upon its adoption.
INTRODC3CED, READ, APPROVED AND ADOPTED, this 17th day of
February, 1.981.
~~
%~ ;
.- -~
. _ b~ayor~ ~~
ATTEST:
,~
r Li v{,
Town Clerk
_2_
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RESOLUTION #7 .
(Series of 1981)
RESOLUTION OF TIIE TOWN COUNCIL OIL' THE
TOWN OF VAIL SUPPORTl~7G THE PUBLIC
ACQUISITIOi1 OF THE RrJEDI RESERVOIR
A~'VD DAb4 SITE .
WHEREAS, the Ruedi Reservoir represents an important
recreational amenity to residents of and visitors to Eagle and
Pitkin Counties; and
WHEREAS, the continued public ownership would provide
for more balanced water management policies and activities;
and,
WHEREAS, a publicly owned hydro-electric power which could
be constructed at the Ruedi Dam would best serve the broadest
pub~.ic interest; and
WHEREAS, the private acquisition of this reservoir would
potentially diminish the recreational, water management and power
generating opportunities for residents of Eagle and Pitkin Counties.
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF THE
TOWN OF VAIL does hereby support the application of the City of
Aspen and Pitkin County to the Federal Energy Regulatory Commission
in its effort to obtain approval to construct a hydro-~electra.c
power project at Ruedi Dam; and
BE IT FURTHER RESOLVED that the Town of Vail supports and
encourages the public. acquisition of the Ruedi Reservoir.
APPROVED AMID ADOPTED THIS 17TH DAY OF FEBRUARY, 1981.
----~ ~/~
~llayox ~ 3
ATTEST:
~~ .~ /~~
((f//!
Colleen Kline, Town Clerk
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• • •
RESOLUTION X10
(Series of 1981)
a.
A RESOLUTION OF THE TOWN COUNCIL Or"
THE TOWN OF VAIL, COLORADO, URGING
THE ESTABISISHMENT 0~' A CONGRESSIOi~AL
DISTRICT ENCOMPASSI~tG WESTERN COI30RAD0.
WIIEREAS, the ].980 census data have caused tl~iat Golor~.dc will
gain one additional seat in the United States Congress; and
WHEREAS, at present there is na single unified representation
of Western Colorado in the Congress; and
WHEREAS, in the coming decade there will be dramatic growth
in the Western Colorado area; and
WHEREAS, no present member of Congress lives on the Western
Slope of Colorado; and
WHEREAS, the effectiveness of the region in Congress and
Washington D.C, may be more greatly enhanced with the additional
presence of an elected representative from the Western Slope;
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF THE
TOWN OF VAIL does hereby urge the Governor and the Colorado Chief
Justice to each appoint residents of the Western Slope to the
Colorado Legislative Reapportionment Commission and does further
resolve that the Legislative Reapportionment Commission establish
a new unified Congressional seat comprising all of Western
Colorado.
PASSED AND ADOPTED THIS 7th day of April, 1981.
}
,'
Mayor ~ ~ `~'
~J
ATTEST;
Town Cler
RESOLUTION ~r11
_ (Series of 1981)
A RESOLUTION AUTHORI~TNG THIS
TOWN COUNCIL OF THE TOWN OF VAIL
TO MAKE AVAILABLE A DEFERRED
COMPENSATIGN PLAN TO ALL PERMANENT
EMPLOYEES OF THE TOWN OF VAIL.
-•
WHEREAS, with the passage of the Tax Reform Act of 1978,
Congress established deferred compensation plans for public
employees; and
WHEREAS, a deferred compensation plan is a valuable fringe
benefit which can be provided to employees at little cost to the
public employer; and
WHEREAS, a deferred compensation plan provides employees
with an attractive method of investing or saving, for retirement
on a before-tax basis; and
WHEREAS, a deferred compensation plan provides employees with
additional retirement security, since it is supplemental to any
benefits payable from any other retirement plan; and
WHEREAS, a public employer, to establish a deferred compensation
plan, must first pass a resolution authorizing such.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
There is hereby established a Town of Vail Deferred Compensation
Plan, to be placed with a reputable company, active in public and
private retirement plan markets. The Plan hereby established is in
accordance with the State of Colorado's legislative requirements
for public deferred compensation plans.
INTRODUCED, READ, APPROVED AND ADOPTED, this Z ~ day
of 1981.
-,
~._.
i'
Mayor ~ ~
ATTEST
~L-~~(~f.(~
~~
To n Clerk
_ ,,.
~~----.
i
RESOLU'.l'ION r'}`1~
(Series o:~ 1981, )
A RESOLUTION AUTIIOILIZING TIITS
TOWN COUNCIL OF TIIL 'Pl)WN OF VATL
TO A4AiCr AVAILAI3LL A DI;FI;RRI;D
COIIIPLNSA~'TON PLAN TO ALL PliFi,;sIANEtv~T
EP,~IPLOYEES OF THL TOj'yN OF VATL.
~~
WHEREAS, with the passage of the Tax Reform Act of 1.978,
Congress established deferred compensation plans for public
employees; and
WHEREAS, a deferred compensation pl4~n is a valuable fr~a_nge
benefit wkzich can be provided to employees at little cost to the
public employer; and "
WHEREAS, a deferred compensation plan provides employees
with an attractive me~i;hod of :investin7 c.~~ saving, far ret;iromen•~
on a before-tax basin; and
WHEREAS, a deferred compensation p1E~n provides employees with
additional retirement security, sa.nce it is supplemental. to any
benefits payable from any other reta.rec:~ent plan; and
WHEREAS, a public eir~pioyer, to esty-~}:dish a deferred compensation
plan, must first pass a resolution authc~xi~irig such.
NOj'u, 7'II:!5k~i;FUi'tii~, $E IT Ri.~SOLVED 1=3I' '~xi~; TO~YN CC)U~VTCIL ()I+~ ~.~'`SiE
TOIi'IQ OF VATL, COLORADO, '1'Ii~xT :
TI?.ere i.s hereby established a Town cif Vail Defexred Co~s~perzsation
Plan, to be placed with a reputable company, active in public and
private retirei~er~t plan markets. The Plan hereby establ~.sheci is in
accordance with the State of Colorado's lc~;islat~.ve requirements
far public deferred compensation plans.
. TNTRODJCED, READ, APPROVED AND ADO~-•`T;~,
of ~ ~ , 1.981.
ATTEST
G~
~/~
Town Clorlc
this Z/9t- day
_ ~ .~~ ~/ ~
~~ _~r~
Mayor PRO-TEM `'~ ~~'
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lowo of nail
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RE~3OLUTION #1.3
( Series of 1.981 }
A RESOL[7TION PERTAINING TO THE
CONSTRUCTION OF THE VA1L/LIONSHEAD
AUXILIARY BUILDING; AND APPROVING
THE CONTRACT FOR THE CONSTRUCTION
OF SAID BUILDING.
~YHEREAS, the Town Council enacted Resolution No. 21,
Series of 1979, calling for a municipal election on the 20th
day of November, 1.979, for the submission to the qualified
elect oars of the Town of Vail the question as to whether or not
the Town should issue its general obligation bands in an amount
not to exceed 7 million dollars to be used for the construction
of a public parking facility located in the Lionshead area of
the Town of Vail (is hereinafter referred to as the Vail/Lionshead
Parking Center);
WHEREAS, the Town Council adopted Resolution No. 21,
Series of 1979, which provided for the question to be submitted
to the voters in said election, the form of the ballot to be used,
the giving of notice of said election, and other matters and
details relating to said election;
WHEREAS, at the election duly held on the 20th day of
November, 1979, the electors of the Town of Vail approved the
question as submitted by the vote of 405 in favor and 140 against;
WHEREAS it is the opinion of the Town Council that because
o~ the great need for additional parking and related public
transportation services; and
WHEREAS, the Town previously engaged an architect, James
Ream of Robbins and Ream, for the development of the Lionshead
parking facility and auxiliary building, and agreed on a
construction contract for the main facility ~,vith a contractar,
J. A. Hyder Construction Company.
r
~ • ~
RESOLUTTON #13
Page 2
WHEREAS, the Town entered :into contracts with J. A, Fiyder
Construction Company on the ~th,day of December, 1.979, and the
1st cYay of April, 1950 for tYie constrL3.ction of the Vail/Lionshead
Parking tenter;
N0~'V, THEREFORE, BE IT RESOLVEll BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, T~IAT:
Section 1. The Construction Agreement which is attached
to the Standard Form of Agreement Between Owner and Contractor
dated the 12th day of May, 1981, said contract for the construction
of the Vail/Lionshead Parking Center Auxiliary Building, is hereby
approved by the Town Council and the Town Manager zs hereby
authorized by the Council to execute said amendment in behalf of
the Town of Vail, Colorado.
Section 2. After said contract has been duly executed by
the Town and J. A. Hyder Construction Company, an executed copy
of the construction cantract for the Vail/Lionshead Parking Center
Auxiliary Building shall forthwith be marked "Exhibit 1", attached
hereto, and made a part hereof.
INTRODUCED, READ, APPROVED AND ENACTED THIS 12th day of
May, 1.981.
~,
'~11~"ayor i,
ATTEST:
~ y~~~
Town Clerk
RESOLUTION #14
(Series of 1981)
A RESOLUTION OF THE TOWN GOI!NCI;~ CORRECTING
THE SPELLING ON THE BUFFEHt2 CREEK STRtET SIGN
AND SETTING FORTH DETAILS IN RELATIOf'J THERETO.
WHEREAS, the street sign for Buffeter Greek Road is incorrectly
spelled "Buffer"; and
WHEREAS, the Town Council wishes to correct said spelling;
N04d, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VA2L, COLORADO, THAT:
1. The street sign for Buffeter Creek Road be corrected to
reflect the proper spelling of Buffeter.
2. The Town Manager is hereby directed to take all steps
necessary to make the appropriate change in said street signs.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 16TH DAY OF JUfJE,
1981.
c-7
~ ~~
1f ~~ f,~
~%/ G /f,`J~ G
Mayor ~ {/'~J
ATTEST:
~ ~ _ ~~
(I.a'w Ter k ~"
~ ~
town of nail
Series 1981
A RE50LUTION OF THE TOWN COUNCIL OF THE
TOWN OF VAIL, EXPRESSING ITS APPRECIATION
AND SUPPORT FOR THE FIFTH ANNUAL JERRY FORD
INVITATIONAL GOLF TOURNAMENT, JULY 5-7, 1981
~~
WHEREAS, The Town of Vail is established as a premier
Recreation and Resort Community; and
WHEREAS, continued emphasis an the year-round aspects of Vail 's
outstanding summer environment and recreational facilities is a stated goal
of the community; and
WHEREAS, the Jerry Ford Invitational Golf Tournament has
become a permanent, annual pro-am event of growing economic benefit to
SummerVail; and
WHEREAS, the Tournament brings positive, national recognition
to Vail as well as contributing to the excitement and enhancement of
5ummerVail;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN.
0~ VAIL, COLORADO, THAT:
The Tawn Council hereby supports and endorses the Jerry Ford
Invitational Golf Tournament scheduled far July 5 through 7, 7981, now in
its fifth year, as an important community event and encourages all Vail
residents and visitors to support, attend and enjoy this outstanding annual
event.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 23rd day of
JUNE, 1981. ~
/ /~f/ ~- : r~~
A ~~~~ / - -
_ odney E. S~ifer, ~lay~
wn C1 erk
.L_ 11.4i5'i~ _~ L . aF. ~~.i~ .-'!i s Yd_'sE's.~e.~ ~ ~ L r rw 1 M,.. gifdG' ~4, v.•r _ 4~;._~u .. •ia . n _ .o ~ a . 'b ic..~
1 ..
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., _, ,.
RESOLUTION #16
(Series of 1.981)
A RESOLLTION ACCEPTI;JO THE DEDICFi~IOP~ FROM
THE PULIS RANCH OF A P~}RTION OF RGADIIAY
BETl1EEN UAIL UALLEY THIRD FILING AND 5UNBURST
FILING NUMBER TWO ACROSS AN UNPLATTED 5 ACRE
PARCEL LOCATED IN THE "JORTH HALF OF' THE NORTH
EAST ONE FOURTH OF 5EC. 9, TSS, R80W OF THE
G+ P.M.; AND SETTING FORTH DETAILS IN RELATIO~~!
THERETO.
WHEREAS, the Pulis Ranch, a general partnership in the State of
Co1arado, has dedicated a certain ~4•D-fooJr wide parcel of land currently
improved and used as a public roadway; and
WHEREAS, a certified legal description and map of the parcel of
land has been prepared and submitted with the dedication, which is
incorporated herein by reference; and
WHEREAS, the Town Council of the Town of Vail wishes to accept the
dedication for the public health, safety and welfare;
~f01!J, THEREFORE, BE IT ORDAINED BY THE T01JPJ COUNCIL OF THE TOIAlN OF
UAIL, COLORADO;
It is hereby known that the dedication of the roadway across the 5 acre
unplatted parcel between Vail Valley third filing and Sunburst Filing No. 2,
as evidenced on the attached Exhibits A and B, incorporated herein by
reference, being duly executed by Warren Pulis, General Partner of The Pulis
Ranch, be accepted.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 7th day of July, 1983..
/~ ~
~~/~~ ~~
Ra~"ney E. Safer, ~l~ayar '
ATTEST:
~ ~, ~-~'
!/~
Town Cler
..
f ~ ; a~.,N,~ ~s ~ N
r,
~:NG~•+ '~,~L f~1Efl BY THESE PRESENTS:
! ~-;-~ ~
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7J 5. ifv~iercc r~G~
nail, cc,orado S'L57
THAT The Pulis Ranch , a limited partnership
in the State of Colorado
is the owner of a certain parcel of land more particularly described in Exhibit
A attached hereto and incorporated herein and does hereby dedicate to the Town of
Vail, A Colorado Municipal Corporation, far public street purposes, said parcel
of land, as built and existing, and The Pulis Ranch a limited
partnership in the State of Colorado
does hereby convey, release, sell and quit claim, all of i~x$sright, title,
interest in said property free and clear together with all appurtenants and
priviledges, free and dear of any estate, claim, title or interest «hatsoever
of The Pulis Ranch ~~ssuccessors
and assigns, to be used by the Town of Vail for public street purposes only.
IN WITNESS WHEREOF, the said Warren K.Pulis, General Partner,
The Pulis Ranch
has caused his namee to be hereunto subscribed and attested this Z 9 day of
.vas-C. 19 a / .
ATTEST:
STATE OF COLORADO )
ss
COUNTY OF EAGLE )
THE FOREGOIfdG Ih'STRUiiENT 1ti'AS ACY.i~0ir'LEDGED BEFORi~ f•iE THIS ~ I JAY OF
19_ ~~ , 8Y ~C~~._.~ _ . .....__._.... __ AfaD
'rlitness my hand and official seal ~ ,
Mly Commission Expires . ~ /C,~~~
~~OTARY PUBLIG
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sU1;Biif:ST %lr.~r: r:a_ 2
A 4fl foot vice parcel. for use as a public rcao::ay in the 1Jorth half of
Section 9, ~'o'"nsh:p 5 South, P,ange 30 1'c:st of the 6th l'rinci_~al d~feridian,
~'o:.~ of Z'ail, Eagls~ Co anty, Colorado, described as beginni~~g at the 5out_h~°ost
earner of Lot '1, ':ail t'alley - Third riling, a subditi'is10n in said Town of
~`ai1, which point is on the north line of 5unbuist Drive, 'thence due South
40.02 feet to a pint on the South line of szid Sunburst Drive; thence .
S 8S `21'29" ~+ 100.41 feet to a f oi.nt of curvature; thence 14°.Sti feet along
the arc of a 152.37 foot radius curve to the xight whose central a*~gle is
56°21'1-1" and whose long chord bears N b3°27'55" id 143.90 feet to a point of
confound curve; t:-.ence 25.50 feet along the arc of a 155.00 foot radius curve
to the right whose central angle is 10°32'10" and whose long chord bears
N 30°01'].5" ~' 25.46 feet to a point on the South line of Sunburst Filing
1~0. 2 which is on the Westerly line of Sunburst Drive; thence S 8&°07'fll" E•
46.92 feet along sand South line to a point on the £zsterly line of said
Sunburst Drive; tr~ence SoutheasterJ~y 130.52 feet along the arc of a 112.37
foot xadius curve to the 1e€t whose central angle is 56°21'11" and whose
long chord bears S 63°27'55" E 106.12 feet to a point of tangency; thence
N $S°21'Z9" E 101.56 feet to the true point of beginnins, containing 4.2256
E
acres more or less,
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ACCEFiANCE OF DEDICATION
I, Rodney E. Slifer
~~
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f. ; i 'y'n ~ S 'Yt-- a ~L~ I ~ l _ ~' f
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Loll, CC1G'f3'~~' ~ _C~J1
~~a~or of t~~e Toi'rn of
Vail, A Colorado i~l~_inicipal Corporation, and an behalf of the Torrn of fail
pursuant to the authority vested i n me by _ __ ._ _ ..__...~ ~.
duly adopted by the Town Council of the Town of Vail on the 7th day
of duly 1g 81 da hereby accept the ,above and foregoing
dedication for the uses and upon the terms and conditions set forth therein.
IN WITNESS WHEREOF, this instrument has been executed this 7th
day of J u l v , 19 81 -
(SEAS)
ATTEST:
,~ ~
~~ ~~ ~
T017iV CLERK
STATE OF COLORADO )
ss
COUNTY OF EAGEE }
TOWN OF VAIL
1
~i~ ~ ~~
hiA'S'~SR 0 '
The foregoing Acceptance of Dedication was ackno'~•rleaeed before
me this ;.~~i~ilCR day of '--% _ ! ~. - ~ 19_„~ / ~ by
t
~?~~ ~{f ~ ~,; /t { as p',ayor of the To~.~n of Vai 1 .
_ r
Y
WITNESS my hand and official se=al
,:~ -.
i•3y Canuaissian Expires: ~; ~"~~ '~ '
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~dDT~;RY p~f 8L I C ~ /
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RESOLUTION X117
(.Series of 3.981)
A RESOLUTION OF THE TOWN COUPJCIL AUTI-30RIZING
THE REALIGPJMENT OF THE RIGHT-OFrWAY OF
KINNIKINPJICK ROAD FOR THE INTER~~•IOUNTAIN
BRIDGE; AUTEIORIZING THE TObJ~J ~~APJAGER TO
SIGN ALL COiJTRACTS, INSTRUf~9ENTS OR DEERS
AS NECESSRRY THEREFORE; AND SETTING FORTH
DETAILS IN RELATION THERETO.
WHEREAS, the Town has obtained a survey from Johnson and. Kunkel,
Engineers, for the area from the intersection of the South Frontage
Road West and Kinnikinnick Road to the intersection of Be7lflovrer
Drive and Kinnikinnick Road in the Intermountain area fo•r the purpose
of constructing a new bridge over Gore Creek; and
WHEREAS, the survey indicates that a portion of the existing
road right-of-way is being used by the private property owners for
their improvements and the existing roadway lies outside of a portion
of the right-of-way on private property; and
WHEREAS, the Town Council is of the opinion that the right-ofi-way
ought to be properly aligned with the existing roadway and that the
transfer of lands to accomplish that would be in the public interest;
NOW, THEREFORE, 6E IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
1. The transfer of the properties described on Exhibits A through
D attached hereto and by this reference made a part hereof is hereby
specificai1y approved by the Town Council.
~. The Town Manager is hereby authorized and directed to execute
for and on behalf of the Town of~ Vail all contracts, instruments or
deeds necessary to accomplish this transfer of property. The Town
Clerk is authorized to attest to said execution and to attest the
Town seal thereto,
INTRODUCED, READ, APPROVED AND ADOPTED THIS th day of ~3uly, 1981.
[~odney E, l i fer, ~Xay~r
ATTE~: •
vy
Town Clerk
1~lEST [;IGfIT OF ~~1i'~,Y 11f31'tiP,GO;~f~i:!'~T
FOfz LOT 1 L'LOCf~ 6 V(~IL Iff~Tf=R1•EOU;~TAIld
!~ parcel of land in the S!d rt of Soction 14, Tot~rnship 5 South,
range 81 blest o+ the 6th principal r~eridian, Eagle County,
Colorado more particula:°ly described as follo~,~~s;
Com~encing at a brass cap set far the Vritness corner to the
4! ?~ corner of Section 14; To~•rnship a South, range 81 blest of
the 6th principal meridian; Thence S 39 20' 20"E, 762.52 to
the north carncr of Lot 1 Block 6 Vail Intermountain being the
true point of being; thence S 39 11' 30" E, 55.15 feet; thence
along a curve left, concave to the northeast, radius 101.69 feet,
central angle 37 04' 06", arc length 65.79 feet to anon-tangent
. point on the north right of 4ray of E3e71floti:er Drive; thence f~
. Q3 09' 48" l~l, 119.13 feet; thence S 39 ~48' 00" irl, 12,53 feet
to the true paint of beginning. ..
Said parcel containing 1535.94 square feet or 0.0353 acres more
or less.
. _ ~.r
~~ .
- ~ ir~ 4•
EXH1L']-f I;
Y.1C1CP)f'1ii~J1C}; f?()IlU
1•!C_S7 FZIG1i1" UT' t-,'/1Y llf~lli,C)L;~i•~E:iiT
F'OFZ t.OT 6 13Lr~c~, 5 VP,II_ Ir~17EC~i ~DlJPIT1lIr2
11 parcel of land in the 54•! '.; of Section 14, T'o~~,~nship 5 South,
ra~~gc f;1 hest of the Gth principal meridian, Eagle Co~n%y,
Colorado, more particularly described as follol~~s;
Commencing at a brass cap set for the vritness corner to the
41 ';, corner of Section 14, Tot•:nship 5 South, range 81 'vlest of
the 6th principal meridian; thence S 39 20' 20" E, 762.52 feet
to the east corder of f_ot 6, f31oc4% 5 of Vail Intermountain being
the true point of beginning; thence N 39 48' 00" E, 12.53 feet; ~~
thence N u3 09' 48" G1, 92.95 feet; thence S 43 14' 44" 4J, 5.91
feet; thence S 39 11' 00" ~[, 94.35 feet to a point being the
• true paint of beginning.
Said parcel containing $54.43 square feet ar 0.0196 acres more
or less.
a -~~
l~lf:S7 f:1G;rr or ~•,'!tY hL„``,;;f;Jiir1EiIT
~oF~ Lor ~ ~LOCt; ~ vnru ~;~r~r;jr~ou~~~nz~~
fl parcel of land i r~ the Sl~I '-.~ of Section 14 , To4~~nshi 1~ 5 South,
range 8I 4~lest oi" the Gt1~ principal rif~>ridian, Eagle County,
Col orac]o, more parti cul arty described as foT ]o,~rs ;
Com;~tencing at a br<~ss cap set for the ~ritness corner of the
1d 4 corner of Section 14, To1.lnship 5 South, range 81 t•lest of
the Gth principal tt~eridian; thence S 39 20' 20" E, 762.52
i'eet; thence Pd 39 11' 30" E, 179.53 feet, to the northeast
corner of Lot 5, Bloc: 5 of Vail Intcrrnountain, being the
true point of beginning; thence S 43 09' 48" E, 84.61 feet;
thetzce S 43 14' 44" Y!, 5.91 feet; thence ~ 39 11' 30" Y!,
85.3.8 feet to a point being the true point of beginning. ~~
.Said parcel containing 249.46 square feet or 0.0051 acres
more or less.
~~~~
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f:1lST ftIGfI1 fl; ~•.I~iY
ll tract of ltst~d f~ei~7g a portion ai' tfi~~ ~;'.r ''-4, Scctic~n Z4,
Tocrri.hi>> 5 Sc;rrth, r~,nr}c~ r>0 i~rest, G~.h ~~t~-incif?a3 rncridian,
Carne Caunty, Co1or~~cia, r~ore ~~articulc~z~ly describcc~ as ~`a~~ows:
Co:r,~nencing at the -~ritncss corner for t.hc~ west a corner of
said section 1~1; thence S 44` 22' 2t~" l,, 593.04' to the true
point of f7cg i nni ng : "f trence a7 ong a Tine beari ng S 43° 09' 48"
f; a distance 236.06 feet to a point of curve:
Thence along a curve loft, radius 49.16', central angle 62° 44'
53", arc lrrngth 54.71', to a point of non-tangency along the
northerly right of ~ti~ay of Kinnikinnicf: Road; thence angle left
1II0~' 00' 00' and along a line bearing S 14° 05' 19" Y~, and
distance }.0.75` to a point of curve: Then along a curve right,
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RESOLUTIO~J N0. 19
(Series of 1983}
RESOLUTION AL~Th?ORIZING THE FILING
OF AN APPLICATIUf~ WITH THE DEPART-
MENT OF TRANSPOftTATTON, UNIT~:D
STATES OF AMERICA, FOR A GRANT UNDER
THE URBAN h~ASS TRANSPORTATION ACT
OF 1964, AS A~iEiVDED.
WHEREAS, the Secretary of Transportation is authorized to
make grants far mass transportation projects;
WHEREAS, the contract for financial assistance will
impose certain obligations upon the applicant, including
the provision by i,t of the local share of project costs;
WHEREAS, it is required by the U. S, Department of
Transportation in accord with the provisions of Title VI
of the Civil Rights Act of 1964, that in connection with
the filing of an application for assistance under the Urban
Mass Transportation Rct of 1964, as Amended, the applicant
give an assurance that it will comply with Title VI of the
Civil Rights Act of 19.64 and the U. S. Department of Trans-
portation requirements thereunder; and
WHEREAS, it is the goal of the Applicant that minority
business enterprise be utilized to the fullest extent possible
in connection with this project, and that definitive pro-
cedures shall be established and administered to ensure that
minority businesses shall have the maximum feasible opportunity
to compete for contracts when procuring construction contracts,
.. i". .
~~ supplies, equipment contracts, or consultant and other services.
NOW, THEREFORE, BE IT RESOLVED BY THE T01~1P~ COUi~CIL OF THE
'~ =?:"~'.; . TOWN OF VAIL, COLORADO, THAT
".~~ -- 1 . That Richard Caplan , Town Iianager, i s authorized to
r',
°execute and~file an application on behalf of the Town of Uail
" with the U. 5. Department of Transportation, to aid in the
financing and construction of a bus Storage facility.
2. That Richard Caplan, Town Manager is authorized to
execute and file with such application an assurance or any
ot~rer document required by the t.f. S. Department cf Transportation
pffec~uacing the purposes of Title VI of the Civil Rights ~lct
of 1964.
3. That Richard Caplan, Town Manager, is authorized to
furnish such additional information as the V.S. Department of
Transportation may require in connection vrith the application
of the project.
4. That Richard Caplan, Town Manager, is authorized to
set forth and execute affirmative minority business policies
in connection with the project's procurement needs.
CERTIFICATE
The undersigned duly qualified and acting Mayor of the
Town of Vail, Colorado certifies that the foregoing is a true
and correct copy of a resolution, adopted at a legally convened
meeting of the Town of Vail held on ~luiy 21, 1981.
w
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Rodney E. ,S1 fifer, Mar'
ATTEST:
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Town Clerk
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RESOLUTION #20
(Series of 1981)
A RESOLUTION OF THE l~0'~N COUNCIL
AUTHORIZING THE PURCHASE BY THE
TOWN OF VAIL OF LOT 40 BUFFER CREEK,
COUNTY OF EAGLE AND STATE OF COLORADO,
FOR THE PURCHASE PRICE OF $117,884.00;
AND DIRECTING THE 'GOWN MANAGER TO TAKE
WHATEVPR STEPS MAY BE NECESSARY TO
ACQUIRE SAID PROPERTY FOR SAID PURCHASE
PRICE.
WHEREAS, the owners of a certain parcel of real estate known
as Lot 40, Buffer Creek Subdivision, County of Eagle and State of
Colorado, have offered to se71 same tv the Town of Vail for the
purchase price of X117,884.00; and
WHEREAS, the Town Council is of the opinion that the purchase
price is well under the market value for said property; and
WHEREAS, said property can be used by the inhabitants of the
Town of Vail for park purposes or other public purposes;
NOW, THEREFORE, BE TT RESOLVED, BY THE VAIL TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, THAT;
1. The Tvwn purchase the property known as Lot 4O Suffer Creek
Subdivision, County of Eagle and State of Colorado for the purchase
price of $117,884.00.
2. That the Town Planager be hereby empowered to take all
necessary steps and actions to so purchase said property.
INTRODUCED, READ, APPROVED AND ENACTEq THIS 21st day of Juiy,
~-
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Town C erk -"
Rodney E~ SI i~fer, ~lay!or
- ~ • .~~ ~~
i
RESOLUTION #z1
(Series of 1981)
A RESOLUTION CONCERNING THE TOWN OF VAIL`J
APPROVAL OF THE SALE OF THE CABLE TELEVISION
SYSTE(~9 AND THE ASSIGNMENT OF THE FRANCHISE
AND CONTRACTUAL RIGHTS PELATIVE THERETO, TO
HERITAGE COMMUNICATIONS, INC.; APPROVING
CERTAIN A~~END~1ENTS AfVD ADDITIONS TO THE
FRANCHISE AND COLLATERAL RGREEMENT RELATIVE
TO THE CABLE TELEVISION FRANCHISE; AND,
SETTING FORTH DETAILS RELATING THERETO.
WHEREAS, the Town of Vail by Ordinance #14, Series of 1974,
granted a cable television franchise to Community Television
Investment, Inc. (CTI) and simultaneously entered into an agreement
dated September 3, 1974, with CTI relating to certain mutual obligations
of the parties under said franchise; and
WHEREAS, the sale of the cable television franchise from CTI to
Vail Cable Communications, Inc. was approved by the Town Council on
September 7, 1976; and
WHEREAS, Vail Cable Communications, Inc., has agreed to sell
the cable television system and assign its rights and responsibilities
under said franchise and collateral agreement to Heritage Communications,
Inc.; and
WHEREAS, the Town has entered into negotiations with Vail Cable
Communications, Inc., and Heritage Communications, Inc., relative to
the operation of the system and the required approval by tY~e Town of
Vail of the proposed sale. Said negotiations have resulted in certain
additions and amendments to the rights and responsibilities of the
three parties as specified in the franchise and collateral agreement
and those agreements and amendments have been specified in letters
between the parties.
NOW, THEREFORE, BE IT RESOLVED BY THE TOl~1N COONCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
{1) The Town Council hereby approves the transfer by Vail Cable
Communications, Inc., of its television cable system, all of it's rights
under the franchise granted under Ordinance X14, Series of 1974, and
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the ca71ateral agreement dated September 3, 1974, which was earlier
assigned to it by GTI.
Section 2. ~ihe amer;dment to the cable television franchise
orti7inance and co~ilateral agreement as specified above as contained
in the Addendu~~ which 'is attached hereto and by this reference made
a part hereof, 'is her~.~by «ppraved by the Town Council. Said addendum
shall be added to the franchise ordinance and collateral agreement and
shall be binding upon the Town of Vail, Vail Cable Communications, Inc.,
and Heritage Communications, Inc.
Section 3. No sale or transfer of the cable television franchise
shall be effective until Heritage Communications, Inc., has acquired
the cable system and is filed in the office ofi the Town Clerk of the
Town of Vail a satisfactory instrument duly executed reciting the fact
of said sale and accepting the terms of said franchise and said agree-
ment, and agreeing to perform all conditions thereof, all conditions
of the addenda added thereto by this Resolution, and provided further
that said transfer must take place not later than August 30, 1981.
INTRODllCED, READ, APPROVED AND ADOPTED THISIgth day of August,
19$1.
~~ .
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Mayor ~ ," '
ATTEST:
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Town Clerk
_2-
RESOLUTTON #?_2
{Series of 1D81)
A RESOLUTION OF THE TOWN COUNCIL APPR^VING
THE TOWN OF `JAIL PERSONNEL RULES AND REr,ULAiIONS
FOR THE EMPLOYEES AND OFFICERS OF THE. TOWN OF
VAIL; AUTHORIZING THE TOWN MANAGER, TN ACCORDANCE
WITH THE CHARTER OF THE TOWN OF VAI1., TO IMPLEMENT
AND ADMINISTER SAID PERSONNEL RULES AND REGULATIONS,
EFFECTIVE DATES THEREOF, AND AMENDMENTS; AND,
SETTING FORTH DETAILS RELATING THERETO.
WHEREAS, the Town of Vail has had a Personnel Policy in effect
for a number of years that requires amendment and updating; and
WHEREAS, numerous changes have been made in the law relating
to employees and employee benefits; and
WHEREAS, the Charter of the Town of Vail in Section b.3 and 6.4
provides that the Town Manager shall be the chief administrative
officer for personnel matters and the Town Council has received a
recommendation from the Town Manager that a new personnel policy be
adopted; and,
WHEREAS, the Town Council is of the opinion that the proposed
Personnel Rules and Regulations should be implemented for the benefit
of the employees and officers of the Town of Vail.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. The personnel rules and regulations proposed in
accordance with Sections 6.3 and 6.4 of the Charter of the Town of
Vail by the Town Manager are hereby approved as the official personnel
policies and guidelines for employees and officers of the Town of
Vail.
Section 2. The Town Manager shall implement and administer these
Personnel Rules and Regulations, including determining the effective
date thereof (in whole or in part}. The Town Manager is directed to
attach to the Personnel Rules and Regulations a written attachment
indicating the effective date or dates of the policies.
~.
• ~- • ~- ~
section 3. The Town Manager is authorized and directed to adopt
administrative guidelines f~~r the purpose of implement~irg and adminis-
tering the personnel policies an~i guidelines. Said administrative .
guidelines shall bjl red~_~ced to writing and copies thereof kept in
the Office of the `('own Personnel Officer, available for inspection by
all interested parties during regular business hours.
Section 4. The Personnel Rules and Regulations may be amended
from time to time as may be necessary far the benefit of the Town of
Vail, and its officers and employees. Amendments to the personnel
policies and guidelines may be made in writing by the Town Manager,
a copy thereof [<ept in the Office of the Town Personnel Officer,
provided that the Town Council shall be regularly informed of said
amendments.
INTRODUCED, READ RND APPROVED this 18th day of August, 1981.
.~,
hlayor ; W
ATTEST:
~~ .
Town ~C1 er
-2-
RESOLUTION #23
Series of 1981)
A RESOLUTION EXr_RCISING THE OPTION AND
OBLIGATION OF THE TOWN COUNCIL TO REDEEM
CERTAIN OF ITS TOWN OF VAIL, COLORADO,
STREET IMPROVEMENT DISTRICT N0. 1 LOCAL
IMPROVEMENT BONDS, SERIES OF OCTOBER 1,
1976, PRIOR TO MATURITY, AND AUTHORIZING
THE MAILING AND PUBLICATION OF NOTICE
THEREOF.
WHEREAS, pursuant to Ordinance No. 27, Series of 1.976, the
Town Council has heretofore issued, sold and delivered its Town. of
Vail, Colorado Street Improvement District No. 1, Local Improvement
Bonds, Series of October 1, 1976, dated October 1, 1976, in the
principal amount of $540,x00 ~"The Bonds");
WHEREAS, Section 6 of said ordinance provides that whenever
on any interest payment date there exist in the "Town of Vail,
Colorado, Street Improvement District No. 1, Local Improvement Bands,
Series of October 1, 1976, Bond and Interest Fund" ("The Bond Fund")
sufficient funds exceeding six months' interest on the unpaid balance
of the bonds issued and outstanding, the Town Council must exercise
its option to redeem the bands 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 $55,000,00 exceeding six months' interest on the
unpaid balance of the Bonds issued and outstanding, said sum being
~. ~sufficien't to redeem 11 of the Bonds, in the denominat-ion of $5,000.
', each, aggregating $55,000.00 in principal amount;
i~OW, THEREFORE BE I7 RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
~. Section 1. The Town Council hereby finds that there exists in
the Bond Fund the sum of $55,000.00 exceeding six months` interest
on the unpaid balance of the Bonds issued and outstanding, said
Burn being tiufficient to redeem 11 of the Bonds, in the denaminatiort
of $5,000.00 each, aggregating. $55,000.00 in principal amount.
Section 2. The Town Cour3cil hereby exercises its apticn to
redeem those Bonds number 86 to 9f, in the denomination o: $5,000.00
each, aggregating in or--incipal amount, r,rior to their maturity date,
on October 1, 19$6, at she redemption price consisting of the
principal amount of each Bond so redeemed plus accrued interest
thereon to the redemption date, payable at United Bank of Denver
National Association, Denver, Colorado, as provided more fu11y in
the farm at notice hereinafter prescribed.
Section 3. The Tvwn 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:
{Form of Notice)
NOTICE OF PARTIAL REDEMPTION
OF TO~fN OF VAIL, COLORADO
STREET IMPROVEMENT DISTRICT N0. 1
LOCAL IMPROVEMENT BONDS, SERIES OCTOBER 1, 3.976
NOTICE IS HEREBY OTVEN that the Town Council of the Town of
Vail, Colorado, has exercised its option to redeem bonds numbered 8G
to 96 of the above-designated issue, in the denomination of $5,000.00
each, aggregating $55,000.00 in the principal amount, prior to their
maturity date, on October i, 1986, as a redemption price consisting
of the principal amount of each bond so redeemed plus accrued interest
thereon to said redemption date.
On said redemption date there will become due and payable in
lawful money of the United States of America, without deduction for
exchange or collection charges, for each of the above-designated bonds
of the above-designated series, at United Bank of Denver National
Rssociation, Denver, Colorado, the principal amount of each such band
-2-
plus accrued interest thereon to said redemption date, and from.aand
after said redemption date interest thereon will cease to accrue.
each such bond will be redeemed on or after said redemption date. upon
presentati~~~ and surrender of such bond,, accompanied by all of its
coupons for interest maturing after said d«te, by the payment of the
principal amount thereof. Any coupons appurtenant to such bonds for
interest payable on or before the designated redemption date may be
attached to such bond for the payme~~t 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
far payment in the usual course.
DAT~B at Vail, Colorado this
day of August, 1981.
TOWN OF VAiL, CO~oRAOO
Town Clerk
(S E A E.)
Publish in the Vail Trail
Publish on August ~ g I981
Section 4. All actions not inconsistent with the provisions of
this resolution, heretofore taken by the officers of the Town, whether
elected or appointed, directed towards the 'redemption of the Bonds
as hereinbefore provided are hereby ratified, approved and confirmed.
Section 5. All resolutions, or parts thereof, in conflict with
this resolution are hereby repealed, except that this repealer small
not be construed to revive any resolution, or part thereof, heretofore
repealed,
Section 6. If any section, paragraph, clause of provision of
this resolution shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceabi1ity of such section,
paragraph, clause or provision shall not affect any of the remaining
sections, paragraphs, clauses or provisions of this resolution.
-3-
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Section 7. This resolution shall take effect immediately upon
its adoption.
IN'T'RODUCED, BERG, APPROVEG AND ADOPTED ~CHIS 18~.h day of August,
1981.
..,
N1 a y~r
ATTEST:
f
G
;~ ~ ~l~
Town Clerk
l
:-
-4-
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RESOLUTION #24
{Series of 1981)
A RESOLUTION VACATING AN EASEMENT ACROSS
LOT 16 VAIL VILLAGE THIRD FILING; APPROVING
A VACATION AND ABANDONMENT OF EXISTING EASE-
MENT AGREEMENT; AUTHORIZING THE TOWN MANAGER
TO EXECUTE SAID AGREEMENT AND DIRECTING THE
TOWN CLERK TO ATTEST THERETO.
WHEREAS, a certain easement of record has been shown across
Lot 16, Vail Village Third Filing, as recorded in Book 292, at
page 859 of the records of the Clerk and Recorder of Eagle County,
Colorado, allowing easement users the use of such easement for
Utility and pedestrian purposes as more fully set forth in the
vacation and abandonment of the existing easement agreeement; and
WHEREAS, Holy Cross Electric Association, Mountain States
Telephone and Telegraph Campany, Public Service Company of Colorado,
Gas Facilities, Inc., and Vail Water and Sanitation District, have
agreed that such easement may be abandoned; and
WHEREAS, the Town Council is of the opinion that there is no
further need for such easement and should be abandoned as requested
by the owner of ~6he property;
NOW, THEREFORE, BE TT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
C Section 1. That certain easement of record as shown across
Lot 16, Vail Village Third Filing, Vail, Eagle, Colorado, as recorded
yin Book 202, at page 859, in the records of the Clerk and Recorder of
`Eagle County, Colorado, allowing easement users the use of such ease-
~;;° `;;:meat for• the construction, maintenance, and reconstruction of pedestrian,
~~~~'r~i=i~~:sewer, water, gas, electric and telephone transmission facilities, and
;: ~i.9;':~r ao::j;..
:~~i...'
~~z.,:,:;.:;the maintenance of natural drainage ways, is hereby vacated.
,,, ~„<~.
Section 2. The Town Manager is authorized to execute for and on
~• behalf of the Town that vacation and abandonment of exciting easement
and agreement which is attached hereto and by this reference made a
part hereof. The Town Clerk is authorized and directed to attest to
C_ ~°
said execution and to affix the seal of the Tovrn thereto.
--,
~ ~
IN'~RODUCED, RERD ACID APPROVED, A~fD ADOPTED THIS 151: DAY OF
cor,+omhar ~ ~98~•
,~ .
/~ ~
Mayor ,~
C
ATTEST:
~j,
Town Clerk
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~ ~
RESOLUTION #25
Series of 1981)
A RESOLUTION OF THE TOWN COUNCIL
ADOPTING A MINORITY BUSINESS ENTER-
PRISE PROGRAM FOR THE TOWN OF VAIL,
COLORADO.
WHEREAS, the Town is, and from time to time may be, an applicant
for financial assistance under various programs administered by the,
U.S. Department of Transportation {"W,S.D.O.T,"}; and
WHEREAS, certain federal laws, including particularly, the Civil
Rights Act of 1964, as amended, forbid discrimination in the provision
of benefits, services and participation in federally assisted programs;
and other laws, including particularly, the Urban Mass Transportation
Act of 1964, as amended, require federal agencies to affirmatively
ensure that such discrimination does not occur; and
WHEREAS, the U.S,O.O.T. has issued regulations (49 CFR 23) imple-
menting these laws which require agencies receiving certain amounts
and forms of financial assistance to consider, adopt, implement, and
enforce local Minority Business Enterprise Programs to provide for
affirmative action ensuring the elimination of discrimination in the
award of contracts pertaining to applicable federally assisted projects;
NObd, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. That it is the policy of the Town of Vail to prohibit
discrimination on the basis of race, color, sex, creed, religion,
ancestry, or national origin, in connection with the award of, and
performance under, any contract with any person or firm for the
procurement of goods or services for the Town of Vail, its various
departments, or agencies; and
Section 2. That the Town of Vail hereby adapt a Minority Business
Enterprise Program to affirmatively ensure and encourage the participation
of minority business enterprises in contracts for goods and services
awarded through any project meeting the criteria established in the
Program Plan and that toward these ends, the Town hereby adopts the
percentage goals contained in the Program Plan for the participation
of MBE's in such contracts, and shall follow the procedures prescribed
therein to assure the achievement of these goals; and
The Minority Business Enterprise Program shall remain in effect
until the successful completion of all projects meeting the criteria
established in the Program Plan; and
Section 3. That the Town Manager, or his designated subordinates,
is hereby authorized to take such actions which are necessary or advis-
able to implement and enforce the Program, its goals, objectives, and
procedures; and the Town Manager is further authorized to make such
amendments to the Program Plan, as presented the day of adoption of
this Resolution, which may, from time to time, be necessary or advis-
able to ensure the successful and efficient achievement of the goals
and objectives hereby adopted and established, provided such amendme~~ts
are consistent with federal law and lawfully promulgated agency regula-
tions and orders of courts issued thereunder.
INTRODUCED, READ, APPROVE[? AND ADOPT F.i) THIS 15th day o-
September 198I.
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Mayo r i`
ATT T
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Town Clerk
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PgO~~~ ~~
TEgPg~~g PR~~g~ ,
Y~Qp.I.T`I BUS~~gsS E~
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A~GUS~j 19$~-
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A. ovrRVx~r
'i'he purpose of this document is to provide for the establishment and
successful execution of a Minority Business Enterprise ("MBE") program
for the Town of Vail, Colorado. This pr.ograrc~ will only be used in con--
junction with certain Town projects funded in whole or in part by the
U.S. Department of Transportation. Since Vail is an extremely small
{3.980 estimated population about 4,000) rural community, the antici-
pated number .of such projects is extremely limited. In fact, the only
project in the history of the community, or within its forseeable future;
which requires a specific MBE program is the proposed construction
of a Bus Storage Building Addition under Section 3 of the Urban Mass.
Transportation Act of 19G4, as amended. Therefore, while the Town'
AZBE program will be written to permit its application to other projects,
the program has been designed specifically with the Bus Storage Building
Addition in mind.
xri the past, the Town has had successful experience with nontraditional
construction and bidding techniques. Tlae Town has found, for .example,
that under some circumstances, use of the "construction management"=~~'
approach has produced a project of superior quality in less time and':
at a lower cost than the traditional process involving the award of -:
a single bad to a general contractor. Similarly, with regard to tools,
eguipment and furnishings, the Town has found that, under some circum-
stances, a bidding process which permits multiple awards on an item-
by-item basis produces superior quality at less cost than a single
contract far all items in the bid. Until design of the Bus Storage
Building Addition is t~nc~~rway, it will not be possible to determine .
w: at t.~chriquPS of t~idding/construc~ti~,:~ are the most appropriate for
this t.,.v jec:t. ~3~herefore, the MBE plan presented here has been drafted
to permit adoption to whatever technique the Town may subsequently choose
to employ. As a result, the plan encompasses overall goals only; con-
tract goals wi11 not be determined until the structure of contracting
for the project has been established.
B. DEFYNITxONS
The definition used herein shall be the same as those adopted by the
U.S. Department of Transportation in its MBE Program Regulations. 49
CFR 23.5, entitled "Participation by Minority Business Enterprises
in Department of Transportation Programs; Definitions," as amended or
may be amended, is hereby incorporated as part of the Town's MBE pro-
gram by reference.
C. POLICY
It is the policy of the Town of Vaal to prohibit discrimination on the
basis of race, color, sex, creed, religion, ancestry, or national origin,
in connection with the award of, and performance under, any contract
with any person or firm for the procurement of goods or services for
the Town of Vail, its various departments, or agencies.
It is further the policy of the Town of Vail. with regard to any project
meeting the criteria established in this MBE Plan, to affirmatively
ensure and encourage the participation of minority business enterprises
iii contracts far goods and services awarded through the project.
~~ ~~ i~
Toward these ends, the '.Gown has adopted the percentage goals con-
tained herein for the participation of MBE's in such contracts, and
.shall follow the procedures prescribed herein to assure the achieve-
ment of these goals.
This policy and the implernentation plan provided herein shall remain
in effect until the successful completion of all projects meeting the
criteria established in this plan.
D. PROJECT CRITERIA
The Minority Business Enterprise Program shall apply to all Town spon-
sored projects meeting one of the following criteria established below;
(1} Involving grant funds in excess of $250,000, exclusive of
transit vehicle purchases, under Section 3,5 and 17 of the
Urban Mass Transportation Act of 1964, as amended, and
Federal Aid Urban Systems;
(2) Involving grant funds in excess of $100,000 under Section
r. 6 and 8 of the Urban Mass Transportation Act of 1964, as
amended,
{3} involving grant funds under Section 402 of the National
Highway Traffic Safety Act; ~-
(4) Snvo).ving funds in excess of $250,000 awarded by the
Feder~+~ Aviation Administration to general aviation
airports;
{5) involving funds iii ex cess of $400,000 awarded by the Fed-
eral Aviation Administration to non~hub airports;
{6) involving funds in excess of $75,000 awarded by the Federal
Aviation Administration for planning purposes; and
{~) Involving a license under the Deepwater Part Act of 1964.
E. LIAISON OFFICER
The Director of the Department of Public Works and Transportation is
hereby designated as the MBE Liaison Officer far the Town of Vail.
This staff person reports directly to the Town Manager who is the
Chief Executive Officer of the Town. The Liaison Officer shall be
responsible for developing, managing, and implementing the MBE program
on a day-to-day basis; for carrying aut technical assistance activities
for MBEs; and for disseminating informat~.on on available business
opportunities so that MBEs are provided ayl equitab7.e opportunity to
bid on the Town's contracts.
F. PROCEDURES
General. Each solicitation to bid or contract subject to MBE goals
under this plan shall incorporate the entire terms of this plan, its
. ' ~ ~~
•
attachments, and reference provisions, by reference. Invitations to
bid, requet~ts far proposals, specifications, delivery schedules, and
prebid conferences shall bG arranged to facilitate the participation
of MBEs ~~. The 7~'ot~rn shall. arrange assistance to MBE's where appro-
priate, iaz overcoming barriers to participation such as inability to
obtain bonding, financing, or techinical assistance. The Town shall
assist all potential. and successful bidders/proposers, and subcontrac-
tors thereunder, in thea.r development, submission, and implementation
of programs to mast the requirements of the Tovrn's MBE plan. Informa-
tion pertaining to contracting opportunities and procedures shall be
directed to MBEs in a timely and appropriate fashion which encourages
their participation. Contractors shall be encouraged to use the ser-
vices of banks owned and controlled by minorities or women, (Nate:
There are no such local banks; consequently, the Town shall make no
use of such banks.) .
Solicitations and Bids. The Town shall state, in all solicitations
for contracts under projects covered by this plan, where an MBE goal
is other than zero, the goals for use of MBE minority and MBE female
firms. Bidders/propasers shall be prohibited from entering into an
agreement with any MBE which prevents the MBE's participation in other
bids/proposals.
Contract Award. Any contract under projects covered by this plan, which
is not set aside for exclusive MBE competition, where an MBE goal is
other than zero, shall. only be awarded to a bidder/praposer who has
met the M23E goal or expended sufficient reasonable efforts toward
meeting the MBE goal. The apparently successful bidder/proposer shall
be required to provide the following information for the Town's use
in determining whether the bidder/px'opcser has met the goal: {1) the
names and`addresses of MBE participants in the bid/proposal, {2) a
description of the work each is to perform, and {3} the dollar value
of such work. In instances where the goal has not been met, the Town
shall require additional information, outlined below, to determine
whether the bidder/proposer has made good faith efforts toward meeting
the goal.
Good Faith Efforts. xn instances where the apparently successful bidder/
praposer has not met the slated MBE goals, the following factors will
b~ considered by the Town in determining whether the bidder/proposer
has made adequate good faith efforts toward meeting the goal:
{1} Whether the contractor attended any prebid meetings that
were scheduled by the Town to inform MBEs of subcontracting
opportunities;
(2) Whether the contractor advertised in general circulation,
trade association, and minority-focus media concerning the
subcontracting opportunities;
{3) Whether the contractor provided written notice to a reason-
able number of specific MBEs that their interest in the contract
is being solicited;
~~
~~ ~,
(4} Whether the contractor followed up initial. solicitations
of interest by contacting r1~3~:s to determine with-certainty
whether the MBEs were interested;
(5) Whether the contractor selected portions of the work to
be performed by MBEs in order to increase the likelihood of
mc:cting the MBE goals;
(6} Whether the contractor provided interested MBEs with
adequate information about the plans; specifications, and
requirements of the contract;
(7} Whether the contractor negotiated in good faith with
interested MBEs, not rejecting idBEs as unqualified without
sound reasons based on a thorough investigation of their
capabilities; and
(8) Whether the contractor made efforts to assist interested
MBEs in obtaining bonding or insurance required by the rew
cipient ar contractor.
Determination of Goal Achievement. Prior to the award of any con-
tract to a firm claiming to be an MBE or to have achieved MBE goals
through subcontracts with an MBE(s), and prior to the certif ication
of MBE eligibility, the Town shall determine whether the firm has
proposed MBE participation in a manner which in fact meets the MBE
~ goals. This determination shall be conducted in conformance with the
'procedure established by the U.S. Department of Transportation in its
MBE Program Regulations. a4 CFR 23.7, entitled "Participation by
Minority Business Enterprises in Department at Transportation Programs;
Counting MBE Participation Toward Meeting MBE Goals, as amended, or
may be amended, is hereby incorporated as part of the Town's MBE
program by reference.
Certification. Prior to the award~of any contract to a firm claiming
to be an MBE or to have achieved MBE goals through subcontracts with
an MBE (s}, the Town shall certify the eligibility of all MBEs encom-
passed by the contract. The bidder/proposer or contractor, as appro-
priate, sha11 inform the Town of any proposed substitutions of MBE
contractors until such substitute subcontractors have been certified
eligible by the Town Certification shall be conducted in conformance
with the procedures established by the U.S. Department of Transporta-
tion in its MBE Program Regulations. 49 CFR 23.51. - 23.53, entitled
"Participation by Minority Business Enterprises in Department of Trans-
portation Programs; Certification of the Eligibility of Minority
Business Enterprises; Eligibility Stan.dards," as amended or may be
amended, is hereby incorporated as part of the Town s MBE program by
reference.
Post Award Enforcement. To ensure a~Z obligations under contracts
awarded to MBES~, or to firms pxo~:osing to meet MBE goals through
the use of MBEs , are met, the Town shall review each contractors'
MBE involvement efforts d~~ring the term of the contract. Contractors
s}gall be rcc~uired to briny to the attention of the Tawn any situation
in which regularly scheduled progress payments are not made to MBE
subconl:ractor.s. The Town may issue: stop work orders, withhold pay-
ments due, oz' terminate contracts, at ~.ts discretion, upon a finding
that any firm is not n~aeting its MBE related commitments; specific
enabling provisions outlining the procedures for use of these enforce-
ment powers shall be incorporated into each contract subject to MBE
goals.
G . D 11tECT0 RX
The Town hereby adopts and incorporates by reference the current
edition of the Colorado Minority Business Enterprise Directory, as
it may be revised and updated, published by the Colorado Office of
Minority Business Enterprise, as the official directory of the Town
for use in the conduct of its MBE program. The Tawn will make this
directory available to bidders/proposers in their efforts to meet
MBE requirements. The Town will use this directory in its determina-
tions of appropriate goals for various types of MBE contracts: The
Tom will use this directory in its solicitation of bidders/proposers
for contracts subject to MBE goals.
H. ~~ GOAD
The overall percentage goals for the dollar value of work to be
~: awarded to MBEs shall be as provided in Attachment 1, "Goals". These
~ overall goals shall be applicable to the entire Tawn MBE program and
the only project anticipated to fall within the scope of this program,
the construction of the Bus Storage Building Addition. These goals
shall be reviewed annually in comparison with actual MBE participation
rates for the year and updated accordingly. Overall goals have been
and shall be based upon a consideration of the percentage of minority
population within Eagle County and the numbers and types of contracts
to be awarded by the Town, under projects subject to this MBE program,
and the numbers and types of MBEs likely to be available to compete
far these contracts. For purposes of making these determinations, the
Town has used a 1~0 mile driving radius of the Town of Vail as the area
of Colorado appropriate for considering firms "available to compete."
This encompasses the Denver metropolitan area and other Front Range
communities. The initial goals are not based upon the Town's past
MBE experience, as the Town has no past experience administering MBE
programs.
Prior to the solicitation of bids on .any contract under a project
covered by this plan, contr~.c~~-specific goals shall be established
by the Town Manager .for alb contracts and, where appropriate, sub-
3 contracts anticil-~atcd for the project. The Tawn Manager may amend
contract-specific goals while a project is underway to adjust to
change-11g circurnstancas or new information which may warrant such
.-~rrfondments. Contract-specific goals shall be based upon a consid-
eration of the overall goals, the contracting/construction methods
to be employed on the project, and tl~e number, type, and quality of
MBEs likely to be available to compete far these contracts.
~~
^ , _ r.r
•' •'
I. SET-ASIDES
•
Where the Town Manager deems it appropriate, a specific contract,
subcontract, ox part thereof, may be set aside exclus~ve~y fo.r an
MBE firrtt or firms_ Where set-asides are used, the.Town Manager shall
initially establish them in conjunction with the setting of all con--
tract-specific goals for the project. ~'he Town Manager may amend any
set-aside from time to time while the project is in process to adjust
to changing circumstances or new information which may warrant such
amendments. Where Town purchasing policies require such contracts
or Subcontracts to be bid, a set--aside shah. only be used if the Town
determines that three or more MBEs are eligible to compete for the
contract. Where it has been determined that three ar more MBEs are
eligible to compete, a contract award shall net be prohibited because
three or more MBEs were not found to be responsive to the bid.soli-
citation.
J. MONITORING, RECORDS, AND REPORTS
The Liaison Officer shall be responsible for ongoing monitoring of the
performance under the MBE plan. The Town shall maintain such records
as are necessary to determine performance, meet the requirements of
this plan and the U.S. Department of Transportation MBE Program Regu-
lations, and document that such requirements have been met. These
reports shall include special efforts to solicit MBE bids/proposals;
determination of apparently successful bidders; MBE eligibility
certification; determinata_on of apparently successful bidder goal
achievement; comparison of Town MBE performance with MBE goals; and
any other such records or reports which may be required by the U.S.
bepartment of Transportation, the Urban Mass Transportation Admin-
istration, or other applicable Departmental element. All such reports
shall distinguish M~iE goals, activities and achievements between those
applicable to minorities and those applicable to women. Contractors
and subcontractors subject to MBE goals shall be required to keep such
records and submit such reports as are required to meet the intent of
this paragraph. All records and reports shall be retained for a period
of three years. subsequent to project termination or completion.
K. APPEALS AND COMPLAINTS
Any firm or person believing she/he/it has been wrongfully denied
certification as an MBE or joint venture, or believe she/he/it or
another person or firm, or class of persons or firms, has been sub-
ject to a violation of this plan ar the U.S. Department of Transpor-
tation MBE Program Regulations, may file an appeal or complaint, as
appropriate, in writing with the U.S. Department of Transportation.
A full copy of such complaint or appeal, and all attachments thereto,
shall. be submitted to the Town Liaison Officer. Procedures for filing
such appeals or complaints are provided in the U.S. Department of
Transportation MBE Program Regulations. 49 CFR 23.55 and 23.73,
entitled, "Participation by Minority Business Enterprise in Department
of Transportation Programs; Appeals of Denials of Certification as an
MSE; Complaints", as amended or may be amended, are hereby incarpor-
atec~ as part of the Town's MBE program by reference.
~',
~ ~ ~ -. `
Attachment 1 .
Goals
MINORITY BUSINESS ENTERPRISE PROGRAM
Town of Vail, Colorado
The overall goals for i~tI3E participation i.n projects covered by the
MBE Plan shall be as follows:
Minority Women Total
MB3~s MBEs-. MBEs;
Percent of dollar value of
contracts awarded for can-
struction, equipment, material,
su~aplies, furnishings, or
sexvices l~ '~~ 1~~
~.~, ..
1: ---r
RESOLUTION #Z6
(Series of 19$1}
l
A RESOLUTION REVISING THE VAIL LIONSHEAD
Uf:BAN DESIGN GUIDE PLAN AND DESIGN CONSI7ERATIONS
REVISING SUB-AREA CONCEPT N0. 5 FROM A STUDY AREA
TO A CONCEPT PROVIDING FOR COMMERCIAL AND OFFICE
USG AND THE UPGRADING OF PEDE:iTatIAN WAYS AND
ENTRANCES.
WHEREAS, sub-area concept No. 5 of the Vail Lionshead Urban
Design Guide Plan provided for a Study Area to explore potential
design concepts for the Lionshead area; and
WHEREAS, a proposal has been suggested to revise sub-area
l
concept No. 5 to provide for new commercial and office uses, to
upgrade pedestrian ways and entrances from the east, and to improve
service and delivery aspects and keep nonessential parking from the
area; and
WHEREAS, the Planning and Environmental Commission has reviewed
the suggested revision of sub area concept No. 5 and officially rec-
of
ommended revision/sub-area concept No. 5; and
WHEREAS, 18.26.1$0 B of the Municipal Code of the Town of Vail
provides that the Vail Lionshead Urban Design Guide Plan may be re-
vised by a Resolution of the Town Council3 and
WHEREAS, the Town Council is of the belief that said
revision reflects the purposes and intent of the Vail Lionshead
Urban Design Guide Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
(1) Sub-area concept No. 5 of the Vail Lionshead Urban Design
Guide Plan be hereby revised 'to read as follows:
New commercial and office uses, upgrading of pedestrian
ways and entrances from the east, improvement of service
and delivery aspects and the keeping of nonessential
parking from area.
INTRODUCED, READ, APPROVED AND ADOPTED T~iIS 15TH DAY OE SEPTEMBER,
1981.
( ~ ,~
..r _ ~ '111....-~~_
Mayor `' :'
ATTEST:
_~
Town erk
! t !
RESOLUTION NO. 27
(Series of 19$1)
A RESOLUTION APPROVING THE GRANTING OF AN
EASEMENT FOR SANITARY SERVICE PURPOSES TO
CHEVRON OIL COMPANY ACROSS THE TOWN OF
VAIL'S OLD TOWN SHOP SITE; AUTHORIZING
THE TORN MANAGER TO EXECUTE SAID CONVEYANCE
AND THE TOWN CLERK Tti7 ATTEST TO SAID EXECUTION
AND TO AFFIX THE SEAL OF THE TOWN THERETO; RAND
SETTING FORTH DETAILS IN RELATION THERETO.
WHEREAS, the Town presently owns a parcel of property commonly
known as the Old Town Shop site; and
WHEREAS, Chevron Oil Company is in need of an easement across
the Town's property for the purpose of connecting its property to
necessary sanitary service lines; and
WHEREAS, the Town Council is of the opinion that the conveyance
of an easement to Chevron Oil Company for sanitary service purposes
would be in the public's interest;
NOW, THEREFORE, DE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
(1} That easement described on the attached Exhibit "A"
shall be conveyed to Chevron Oil Company to be used far sanitary
service purposes.
(2) The Town Attorney is hereby directed to prepare the
documents necessary to complete the above authorized conveyance to
Chevron Oil Company.
(3} The Town Manager is authorized to execute the above
authorized deed for easement necessary therefor, and the Town Clerk
is directed .to attest to said execution and to affix the Town's seal
thereto.
INTRODUCED, READ, APPROVED, RND ADOPTED, this 15th day of
September, 1981.
r ~'J
,.
~r~,-~ -, ~; r,'~e
~- .- ~ - ,
ATTEST:
Town Clerk
r
C
:w
-.
r ~i i~
'-
`~
D~SCRiBED 3p' S/aNITAR~(
SEWER E~SEMENr-
gESCRIPTIOH OF
A 30 foot wide permanent sanitary sewer easement with shortened and
extended side lines to meet existing property lines as shown an the
accompanying plat; located in the ~~! 1/4 of Section 7, TSS, R80W, of
the 5th P.M., eagle County, Colorado being more particularly described
as follows:
Considering the west line of Tract G, VAIL VILLAGE S~CONq FILING, a
5ubdiVlSian recorded with the Eagle County G1er~ and Recorder as bearing
S 00° Ob' Ofi" W and with ail bearings contained herein and relative thereto.
~;~Comnencing at the N1~ corner of said Tract C; thence, S OD° 05' 06" W and
along the west line of Tract u, also the West line of the NW l/4 of Section
7, 7aS, RSOW, of the 6th P.M. a distance of l43 feet to the point of
beginning and centerline of said 3~ foot easement; thence, along the
centerline, N 84° ll' 06" E a distance of lbQ feet to the terminal point
of said easement.
The above described easement is subject to a17 easesaents and right-of-way
now on retard or existing ar indicated on the attached p]at,
~'• ~•
RESOLUTION N0. ~8
Series of 1981
A RESOLUTION SETTING THE. ANNUAL. MAXIMUM
INCOME ~UALiFICATION FOR PURCHASERS OF
THE PITKIN CREEK PARK CONDOMINIUh9S.
•
WHEREAS, Paragraph 22 of the Condominium Declaration for the
Pitkin Creek Park Condominiums provides that a maximu~~ income
qualification can be established annually by resolution of the
Town Council; and
WHEREAS, the Town Council now wishes to set such maximum income
qualification;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
THAT the maximum income qualification shall not exceed $38,550
and sha11 remain at such level until again adjusted by the Town
Council of the Town of Vail by resolution.
INTRODUCED, READ, APPROVED AND ADOPTED this Co ~ day of October,
1981.
~~~~
M~y o r U '
ATTEST:
.~
Town Clerk
- ~ ~ ~ • ~ •
RESOLUTION #3O
(Series of 1981)
A RE5OLUTION APPROVING AND RATIFYING THE i~lOTE
PURCHASE AGREEMENT FOR 7HE TOWN OF VAIL, COLORADO,
CONSTRUCTION LOAN REFUNDING NOTES, SERIES NOVEMBER
1, 1981, DATED NOVEMBER 1, 1981, IN THE AGGREGATE
PRINCIPAL AMOUNT OF $7,000,000.
WHEREAS, pursuant to Ordinance No. 32, Series of 1981 (the
Ordinance), the Town Manager was authorized and directed to
negotiate a Nate Purchase Agreement with Boettcher & Company,
Denver, Colorado (the Note Purchase Agreement), for the Town of
Vail, Colorado, Construction Loan Refunding Notes, Series November
1, 1981, dated November 1, 1981, in the aggregate principal amount
of $7,000,000. (the Notes), at a net effective interest rate and with
prior redemption premiums not exceeding those set forth in the
Ordinance; and
WHEREAS, the Town Manager has so negotiated and executed the
Note Purchase Agreement; and
WHEREAS, the provisions of the Ordinance require that the
Note Purchase Agreement be approved and ratified by the Town
Council by resolution duly adopted at a regular or special meeting
thereof.
BE IT RESOLVED SY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO,
that the Note Purchase Agreement for the Notes, a copy of which is attached
hereto, is hereby approved, and all action taken by the Town Manager with
respect thereto is hereby ratified.
INTRODUCED, PASSED, ADOPTED, ENACTED, AND APPROVED THIS 3rd DAY
OF NOVEMBER, 1981.
~~~'~~,~ ~lr ,-1
~~~`s ~ .1
(TOWN)
(SEAL) ~ ~,
ATTEST:
,~
r~; ,
~y
Town Clerk
TOWN OF VAIL, COLORADO
~~
~~ ~~
Mayor ~ '
lorio a(uail
~1n ?3uunr~rt~ ~e~nltt#i,zn of #f~r C,ntun Lnnnril, ~uwn n#
~J~i1, r~~arru~in3 #I~P ~~.~rrriu#intt of #~r Lx~nnril, far i#-
~rl~ uixd x~ rP~sre~sEn#u#iuaeu u# #1~r ri#i~rtt~ n~ #~p c;umn
trtr #1~Q ~sEruir~ of L~tuncilmemhQr ~~~ ~~~7~~~L~ faa #l~s c:utun
of uuil, Lnlurudtt.
~~~~~~lS, Lnunz.i#mrmltrr dud ~rttrdir# ,~rrurd wi#1~
di~a#inz#izzn un #F~r ~Jui1 c~,zswn Lnun,cil ~rstm ~u~ix~# n~
l~~,d tl~rztu~l~ ~VnuQmb~er of 1~$# : end
3II~~~~~~, ?3ttd 33rttrdir# wuu utt ~r#iup rr~rr~rn#ixfiur
stn I~rF~ttl£ n£ #f~r uixil ~r~ztr# 31~a~uriu#iixn; end
3~~~~~~IS, ~iud ~iPZtrdir# ~ix~ 1rPPn ix uz~irr #ztr nuuli#~
#nuri.~#~rs1ix#,ed ~a~erui~r~ wl~ilr ~~ervittg zsn #f~P c;zzwtt LnixnriL;
and
?~~~R~~1S, ~iud 33Enrtliz# ~ix~ ~z1~z~rd u ,~#rnzz3 i~ixdrrrl~i.~
ruZr itt #1}~e im~zruu~mPn# u# #~r uixil/~iAns~g~~d ~reu wl~i lP
~Eruin~ zttt f1~~e iuwn Lnunri#;
i~T(~II. u~~~t~~(~R~, ~i~ ;~% ~~~(~~~1~~, e~~i. c;~~ c(~iU~T L(~~I~(!'~~
~t~1~1~t~~J.3~c~.:1C~N ~~~ (~~~c~,:1c;iIz~~ ~(~ ~3I~7 ~~~i~~~i~e ~U~~ ~3S S~~t~:1L~
;1n#ru~tured, rrixd, a~~srnurd and ~dn~s#rd #l~ir I7#1~ d~~
n~ ~Vaurmbrr, 1~~1.
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uilern 3~Itnr, c;~amn Llrrf~
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RESOLUTION #32
(Series of 1981)
A RESOLUTION APPROVING THE GRANTING OF AN
EASEMENT TO HOLY CROSS ELECTRIC ASSOCiATI011,
INC., FOR THE PURPOSE OF MAINTAINING AN
UNDERGROUND ELECTRIC TH,ANS~VIISSION OR DIS--
TRIBUTION LINE, OR BOTH: AUTHORISING THE
TOWN MANAGER TO EXECUTE SAID CONVEYANCE
AND THE TOWN CLERK TO ATTE:~T TO SAID
EXECUTION AND TO AFFIX THE SEAL OF THE
TOWN THERETO; AND SETTING FORTH DETAILS
IN RELATION THERETO.
WHEREAS, the Town presently owns a parcel of property commonly
known as a parcel of land in Vail Village, First Filing and Vail
Village, Fifth Filing, plats of which Subdivisions are recorded
in the office of Eagle County, Colorado Clerk and Recorder; and
WHEREAS, Holy Cross Electric Association, Inc. is in need of
an easement across the Town's property for th.e purpose of constructing
and maintaining an underground electric transmission or distribution
line, or both with the underground vaults, conduit, fixtures and
equipment used or useable in connection therewith., together with
associated equipment required above ground as more specifically
described in the attached easement and description.
WHEREAS, the Town Council is of the opinion that the conveyance
of an easement to Holy Cross Electric Association, Inc. would be in
the public's interest;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN CQUNCiL OF THE TOWN
OF VATL, COLORADO, THAT:
(1) That easement described on the attached exhibits shall be
conveyed to Holy Cross Electric Association, Inc. to be used for the
above-stated purposes.
(2) The Town Attorney is hereby directed to prepare the documents
necessary to complete the above authorized conveyance to Holy Crass
Electric Association, Inc.
{3) The Town Manager is authorized to execute the above authorized
deed for easement necessary therefore, and the Town Clerk is directed
! 4
~0 ~,~G~BSt t0 Said CxCCti~iOn anal ~;o affix the Town's seal thereto.
INTRODUCED, R}~AD, APPROVED, AND ADOPTED this 17th day of November,
191.
.~
~~
~ ~ i ,
~~~~
' - Rodney E .~1 i f er , ..ayor
ATTEST:
~/ l/ C.
Co~.leen Kla.ne, Town Clerk
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RESOLUTION ~~~35
(Series of I9S1)
A RESOLUTION ACCEPTING THE DEDICATIGN FROM
FRED ii IBBERD , JR . , A PART OI' V T LI;AGE CENTER ,
TOWN OF VAIL, COLO:~ADO; Ai`~D SET'T'ING FORTH
DETAILS IN RELATi0x1 THEr~ETO.
WHEREAS, Fred Hibberd, Jr. has dedicated a certain parcel. of land
to be used as a public roadway; and
WHEREAS, a certified legal description of the parcel of land
has been pxepared and submitted with the dedication, which is
incorporated herein by reference; and
WHEREAS, the Town Council of the Town of Vail wishes to accept
the dedication for the public health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO;
It is hereby known that the dedication of such property as
evidenced on the attached Exhibit A and incorporated herein by
reference, being duly executed by Fred Hibberd, Jr., be accepted.
INTRODUCED, READ, APPROVED AND ADOPTED THIS /~~ day of
~ 1951.
Rodney E. ~Slife~, II~%a~y`or
ATTEST
~ ~ ~. I~
Colleen Kline, Town Clerk