HomeMy WebLinkAbout1988 ResolutionsRESOLUTION NO. Z
Series of 1988
A RESOLUTION SETTING FORTH THE TOWN COUNCIL OF
THE TOWN OF VAIL'S OBJECTION TO THE HOMESTAKE II
WATER DIVERSION PROJECT.
WHEREAS, the Town Council of the Town of Vaii believes that diversion of water
to the East Slope by Homestake II will cause concentrations of toxic heavy metals
to exceed water quality standards set by the Colorado Department of Health and
reduce water quality on the Eagle River; and
WHEREAS, the Town Council of the Town of Vail is aware of testimony presented
during the Homestake II hearings which established the fact that Homestake II will
result in a loss of valuable wetlands within the Holy Cross Wilderness area; and
WHEREAS, the combined effects of Homestake II would degrade many of the
natural amenities that have enabled the Town of Vail and Eagle County to develop a
healthy and stable economy based upon summer and winter tourism and recreation;
and
WHEREAS, Homestake II clearly violates the Eagle County Master plan; and
WHEREAS, Homestake II is only one phase of a much larger plan for
transmountain water diversion to the Colorado Front Range which in the aggregate
will have a devastating impact on the economy and the environment in the Town of
Vail and Eagle County.
NOW, THEREFORE, BE IT RESOLUED $Y THE TOWN COUNCIL OF THE TOWN OF UAIL,
COLORADO, that the Town Council is strongly opposed to the Homestake II Water
Diversion project for the following reasons:
1. Violation of water quality standards on the Eagle River.
2. Loss of wetlands.
3. Degradation of our natural environment and its effect on our economy.
4. Clear violation of the Eagle Gounty Master Plan.
INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of January 1988.
Kent R: Rose, Nfayo
ATTEST:
--~~• ~~
Pamela A. $randmeyer, Town Clerk
RESOLUTION N0. 2
Series of 1988
A RESOLUTION REQUESTING THAT MEMBERS OF THE COLORADO
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CONGRESSIONAL DELEGATION COSPONSOR BILL H.R. 3561 WHICH
MOULD BENEFIT SMALL ISSUERS OF MUNICIPAL BONDS.
WHEREAS, Congressman William F. Klinger (R-Pa.) recently introdu~C.~
legislation, N.R. 3561, designed to help local governments utilize the tax exempt
municipal bond market; and
WHEREAS, this small issuers relief act promises to offer significant
assistance to local governments throughout the country; and
WHEREAS, the Bili raises the small issuer exemption from five million dollars
{$5,000,000) to twenty-five mil]ion dollars ($25,000,000) for purposes of the
arbitrage rebate requirement and increases the private use limit on governmental
bonds from ten percent {IO%) to twenty-five percent (2596) for states and localities
that issue no more than the twenty-five million dollars ($25,000,000) in tax exempt
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, as follows:
The Town Council hereby expresses its support far H.R. 3561 and requests that
members of the Colorado Congressional Delegation join Congressman William F.
Klinger in supporting this legislation.
INTRODUCED, READ, APPROVED AND ADOPTED this day of
1988.
Kent R. Rose, Mayor
ATTEST:
Pamela R. Brandmeyer, Town Clerk
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RESOLUTION NO. 3
Series of 1988
A RESOLUTION SETTING THE DATE FOR A SPECIAL ELECTION
FOR THE PURPOSE OF SUBMITTING TO 7HE VOTERS FOR THEIR
APPROVAL QR DISAPPROVAL, ORDINANCE NO. 39, SERIES OF
1987, AN ORDINANCE REPEALING AND REENACTING CHAPTER
5.04 ANNl1AL BUSINESS LICENSE.
WHEREAS, a referendum petition has been filed with the Tawn Clerk of the Town
of Vail, Colorado demanding that the Town Council reconsider Ordinance No. 39,
Series of 1987 pursuant to Article 5 Initiative and Referendum of the Municipal
Charter of the Town of Uai7; and
WHEREAS, said petition has been certified as sufficient by the Municipal Clerk
of the Town of Vai]; and
WHEREAS, the Town Council reconsidered Ordinance No. 39, Series of 1987, at
the regular meeting of the Town Council of the Town of Vail held an January 19,
1988; and
WHEREAS, upon such reconsideration, the Council failed to repeal the Ordinance
sa reconsidered; and
WHEREAS, pursuant to Section 5.6 of the Charter of the Town of Vail, Colorado,
said Ordinance must be submitted to the voters of the Town at an election to be
he]d not less than thirty (30j days nor later than ninety {9Oj days from the date
of the final Council vote on the reconsideration of the Ordinance; and
WHEREAS, no regular Town election is to be held within said period and
therefore the Council must provide for a special election.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
1. A special election is hereby set for February 23 198$ for the
purpose of submitting Ordinance No. 39, Series of 19$7, to a vote of the registered
electors of the Town of Vail.
2. The Town Clerk is hereby directed to take all steps required by law for
the purpose of holding said special election.
3. This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of Uanuary
1988.
Kent R. Rose, Mayor
ATTEST: ,
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Pamela A. 8randmeyer, Tavin Clerk
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ATTEST:
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RESOLUTION N0. 4
Series of 1988
A RESOLUTION ESTABLISHING TOWN OF VAIL
POLICY REGARDING THE FUNDING OF STREET
IMPROVEMENTS
WHEREAS, Uail streets are in need of major improvements due to a
lack of proper street construction during original installation; and
WHEREAS, the Town of Vail has deferred major street
improvements for a number of years; and
WHEREAS, continued deferment of major street improvements is
undesirable due to functional and financial considerations; and
WHEREAS, the Vail Town Council deems the use of special
improvements districts to fund major street improvements to be undesirable.
NOW, THEREFORE, be it resolved by the Town Council of the Town of
Vail, Colorado, that the following policies are adopted:
1. On April 1, 1988, the Town of Vail will call $475,000 of
outstanding bonds issued by the West Vail Local Improvement District No. 1.
These bonds will be redeemed out of the existing Capital Improvement Program
fund balance.
2. Improvement districts will not be utilized to complete the
Five Year Street Improvement Plan.
3. The mill levy for the Town of Vail shall be increased to a
level sufficient to raise an additional $914,000 in annual property taxes
for the collection years 1989-1992 only. The revenues generated by said
mill levy shall be earmarked for funding a portion of the Town's street
improvement plan.
4. This Resolution shall take effect immediately upon its
passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of
January, 1988.
Kent R. Rose, Mayor
ATTEST:
,--
Pamela A. Brandmeyer, Town Clerk
'~ RESO: SON NO , 5
Series of 1988
A RESOLUTION ADOPTING THE TOWN OF VAIL
TRANSIT DEVELOPMENT PLAN UPDATE 1988-1992
WHEREAS, the Town of Vail adopted an initial Transit
Develapment Plan in 1978 and Plan Updates in 1981 and 1986.
WHEREAS, the Colorado Department of Highways, Division of
Transportation Development requested that the Town revise its
plan; and
WHEREAS, Colorado Department of Highways approval of this
plan is required as a condition precedent in applying for Federal
and State transit assistance; and
WHEREAS, the Town of Vail Department of Public
Works/Transportation completed a Transit Development Plan Update
1988-1992, forecasting ridership demands and fleet requirements
through 1992; and
WHEREAS, the Transit Development Plan Updated 1988-1992 has
been reviewed by the Town of Vail Transportation and Parking Task
Force made up of representatives from:
Vail Town Council
Vail Planning and Environmental Commission
Vail Associates
Vail Resort Association
Colorado Department of Highways
Eagle County
Citizens-at-Large
Vail Town Staff
NOW, THEREFORE, be it resolved by the Town Council of the
Town of Vail, Colorado, that:
The Town Council hereby recognizes and adopts the Town of
Vail Transit Development Plan Updated 1988-1992.
INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of
March, 1988.
~~~~~~~
Kent Rose, Mayor
ATTEST:
L~.U~L~IP.KCGC.~(~1~
!'amela A. :3randmeyer, Town Clerk
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RESOLUTION N0. 6
Series of 1988
A RESOLUTION SUPPORTING THE BLACK LAKES RESERVOIR PROJECT
PROPOSED 8Y THE VAIL VALLEY CONSOLIDATED WATER DISTRICT,
WITH CERTAIN CONDITIDNS.
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WHEREAS, the Vail Valley Consolidated Water District {VVCWD} has submitted an
application to Eagle County for a 1041 permit to enlarge Black Lake No. 1 located
near Vail pass and constructing an additional two hundred twenty-seven (227) acre
feet of additional storage capacity; and
WHEREAS, the Town of Vail has received advice on the issue from an engineer;
and
WHEREAS, the Town's engineer believes the project will not adversely affect
the Gore Creek fishery; and
WHEREAS, the reservoir project is an element of an overall augmentation plan
now being implemented and said plan will not have adverse impacts on Gore Creek;
and
WHEREAS, the Town's engineer believes the p7 an is a reasonable compromise
meeting the municipal water demand of the Vail area and the fish and stream demands
necessary for a resort community; and
WHEREAS, the augmentation decree contains a clause which would allow the Town
of Vail to reopen consideration of the plan if the Council finds the plan does not
operate as anticipated and stream flow has dropped below those expected resulting
in damage to the fish population or other forms of adverse impacts; and
WHEREAS, the Town Council believes that while it can support said augmentation
plan, it is necessary to place certain conditions upon its support to help protect
the fish habitat in Gore Creek.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
The Town Council of the Town of Vail generally supports the Vail Valley
Consolidated Water District plan of augmentation for the Black Lakes reservoir
project with the following conditions:
1. The VVCWD shall participate with the Town of Vail and the Trout Unlimited
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organization in a multi-year stream habitat improvement program. The VVCWD shall
contribute a minimum of ten thousand do]lars ($10,000} to this program.
2. The VUCWD shall be responsible for restocking fish in Gore Creek if a
significant fish kill occurs through the diversion of water from Gore Creek. The
Colorado Division of Wildlife shall be solely responsible far determining when a
significant fish kill occurs. The fish stocking program shall be done in
accordance with direction given by the Goiorado Division of Wildlife.
3. The VVCWD shall enter into an agreement with the Town of Vail committing
to the terms and conditions set forth in paragraphs 1 and 2 hereof.
INTRODUCED, READ, APPROVED AND ADDRTED this 15th day of March ,
1988.
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Kent R. Rose, Mayor
ATTEST:
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Pamei a A. Brandr!~eyer, T wn C1 erk
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RESOLUTION N0. 7
Series of 1988
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A RESOLUTION AUTHORIZING THE ACQUISITION BY THE TOWN OF VAIL,
COLORADO OF CERTAIN REAL PROPERTY LOCATED IN THE TOWN FROM THE
HOLY CROSS ELECTRIC ASSOCIATION, INC. FOR A PURCHASE PRICE OF
FIVE HUNDRED EIGHT THOUSAND NINE HUNDRED FIFTY DOLLARS {$508,950);
SUCH REAL PROPERTY TO BE DEVOTED TO PUBLIC PURPOSES; AND PRESCRIBING
OTWER DETAILS IN CONNECTION WITH SUCH ACQUISITION AND PURCHASE.
WHEREAS, Seller is owner of certain real property (the "property") legally
described in Exhibit A of that certain contract to buy and sell real estate ("the
contract") attached hereto and made a part hereof; and
WHEREAS, Seller desires to sell the property and the Town of Vail ("the Town")
desires to purchase and acquire the property.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF TWE TOWN DF VAIL,
COLORADO:
1. The entering into the Town of the contract with Seller with respect to
the property is hereby authorized.
2. In accordance with the contract, the total purchase price for the
property shall be five hundred eight thousand nine hundred fifty dollars ($508,950)
payable as follows:
A. Twenty-five thousand dollars ($25,000) payable at time of the
execution of the contract.
B. Fifty thousand dollars ($SD,ODO) payable in cash or certified funds
upon delivery of the deed.
C. The balance of the purchase price paid by the Town executing and
delivering at closing, its promissory note secured by a first deed of trust on the
property in the principal amount of four hundred thirty-three thousand nine hundred
fifty dollars ($433,950) payable in installments as follows: seventy-five thousand
dollars ($75,000) plus accrued interest at six percent (6~) per annum shall be due
and payable one {1) year from date of closing; thereafter the remaining principal
balance of three hundred fifty-eight thousand nine hundred fifty dollars ($358,950)
shall be payable in amortized annual installments, due on or before the anniversary
each year of the date of closing, including principal and interest at six percent
(6~) per annum, said installments shall each be in the amount of thirty-eight
thousand six hundred fifteen dollars and eighty-four cents {$38,615.84), a total of
fourteen (14) amortized installments.
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3. In accordance with the terms of the contract, the promissory Hate and
deed of trust provided far in the contract shall be prepared by bond counsel and
shall be submitted to the Town and Seller a reasonable time before the date of
closing for their review and approval.
4. The contract is hereby authorized in substantially the form attached
hereto, which document is presently before the Town Council and available for
public inspection at the Office of the Town Clerk.
5. The Mayor of the Town and the Town Clerk are hereby authorized to take
any and all action towards the execution of the purchase agreement.
fi. If any portion of this Resolution shall for any reason be held to be
invalid or unenforceable, the invalidity or unenforceability of such portion or
provision shall not affect any of the remaining provisions of this Resolution, the
intention being that the same are severable.
7. All acts, orders and resolutions and parts thereof in conflict with this
Resolution are hereby rescinded.
INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of April ,
1988.
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Kent R. Rase, Mayor` ~.
ATTEST:
~~Pamela.A. Brandmeyer, Tows Glerk
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SC:HEQULE A
Order Number: 3 9 ~ 9 _v Gommrtment Number;
1. Effective date: A~ C' 1 ~, l 4 , ~. ~ ~ ~ A t $ : ~ ~ A , ~~ .
2. Policy or Policies to be Issued: Amount of Insurance
A. ALTA Owner's Pulley ~ TDB
Proposed Insured:
Town of vAIL
B. ALTA Loan Polley ~
Proposed Insured;
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FLemium
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3. The estate or iniarest In the land described or referred to in this commitment end covered herein Is fee simple and title thereto is at tt,e effective dais hereof
vested In:
HOL'rr CR055 ELEuLKIC ASSOCIATIOtJ, II1C.
4, The iartd referred to in Ibis commitment Is described as follows:
Parc•t of Section 12, Township a South, Range 81 West caf the
6th P.M., described as folluwss beginning at t:he point cif
intersection of the West line of a Cc~unt,y It~oacl with the
tlortherly right-of-way line of formert~ U.S. Highway tie. 6
from which point the Northeast corner` of said erection l2
bears North 4°31' East, 552.6 feel:; thence South 73°45'
West, along said highway right-of-way lime, 252 t'laet to the
center of Red Sandstone Creek, thence Ncrrt~t>< h°30' ~rietat,
along the centerline of Red sandstone Creep, t;0.4 Feet;
thence North 10°44' East, along I:he centerline of Reci Sand-
stone Creek, 34.3 feet to a point on the 5outhl~rly right-
of-way line of U.S. Interstate Eiighway PJo. 70; thence
Northeasterly on a curer, to the >r~ighi: with a radius of 2715
Feet, an arc distance of 264.28 feet to a point an the West
line of said County road; tY><ence Southerly alc~ny said West
line, 222.31 feeL-, more err less, to the point of beginning.
COUNTY OF EAGLE
STATE OF COLORADO
FOR QUESTIONS REGARDItJG THIa COt7[~7ITT4EI+1T PLEASE CALL SAr1D7 CAFELL
AT 303-949-1011.
STEWART TITLE OF EAGLE COUNTY
P.O. BOX 1248
"'T' COLORADO 81658
Page z
APRIL 26, 1988
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RESOLUTION NO. 8
Series of 1988
A RESOLUTION URGING GOVERNOR ROMER AND ARMY CORP5 OF ENGINEERS
TO OPPOSE THE CONSTRUCTION OF ANY TRANSMOUNTAIN DIVERSION
PROJECT UNTIL SUCH TIME THAT A STATEWIDE WATER PROGRAM
IS ARTICULATED AND ADOPTED.
WHEREAS, the State of Colorado currently lacks a comprehensive statewide water
policy or program; and
WHEREAS, such lack of water policy negatively affects economic development
potential for the State; and
WHEREAS, the current activity and planning of Front Range water provides in
procuring water sources far the Front Range holds adverse impacts for the entire
State; and
WHEREAS, major transmountain water diversion projects emphasize the regional
and vested interests of the Front Range to the detriment of the remainder of the
State.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, that:
The Town of Vail strongly urges the Army Corps of Engineers and Governor Romer
to oppose the construction of any transmountain water diversion project until the
following have been achieved.
A. Alternatives to the Two Forks Dam construction are adequately explored.
6. The cumulative long term impacts of all state water projects have been
explored.
C. An Environmental Impact Statement properly addresses West Slope economic
and recreational development in relationship to transmountain water diversion
projects.
D. The State develops a workable statewide water policy so that this project
is not looked at in isolation, but rather comprehensively in relation to the entire
State's water policy.
INTRODUCED, READ, APPROVED AND ADOPTED this ~~ day of ~;i ,
1988.
1. ~,~~
Kent` R. Rose, Mayor `
ATTEST:
Pam21a A. 6randmeyer, T n Clerk
RES[ V'ION NO. 9
Series of ].988
A RESOLUTION ADOPTING THE
RECREATIONAL TRAILS MASTER PLAN
WHEREAS, the Town Council considers it a priority to
develop a Recreational Trails Master Plan; and
WHEREAS, the Town Council is of the opinion that the plan
has a general purpose to guide the coordinated development of
recreational trail construction in accordance with effective
design and cultural needs of the community; and
WHEREAS, the Recreational Trails Master Plan provides for
recreational and cultural uses, access, and enjoyment of the
community by citizens and guests of Vail; and
WHEREAS, it is important to the success of the community
to make every effort to maximize the use of the Town of Vail's
recreational opportunities and resources; and
WHEREAS, it is in the public interest to develop a
Recreational Trails Master Plan to allow far the orderly and
efficient development of the Town of Vail's recreational trail
system.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, AS FOLLOWS:
Section 1.
The Vail Town Council hereby adopts the Recreational Trails
Master Plan.
APPROVED AND ADOr~r~D THIS ,3~ day of ~.tl. , 1988.
Kent'R. Rose, ~Iayar
~TTEST .
Pamela A. Brandmeyer, Town Clerk
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RESOLUTION NO. 10
Series of 1988
A RESOLUTION ADOPTING CERTAIN RESTRICTIONS FOR LARGE
DELIVERY VEHICLES IN VAIL VILLAGE,
WHEREAS, the Town of Vail has conducted two experimental periods of
restricting large delivery vehicles in the Vail Village Core in .1987 and 1988; and
WHEREAS, large vehicles delivering goods in Vail Village conflict with large
numbers of pedestrians travelling on Town streets; and
WHEREAS, the Tawn desires to minimize large delivery truck-pedestrian
conflicts to enhance the guest experience in Vail.
NOW, THEREFORE, 8E IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, that:
The Town Council hereby recognizes and adopts the following restrictions for
large delivery vehicles in the Vail Village.
SKI SEASON RESTRIGTIONS
From opening day of Vail Mountain through closing day, the following
restrictions apply:
1. Trucks larger than 10,500 lbs. gross vehicle weight {GUW} will be
prohibited from parking on Bridge Street, Hanson Ranch Road {south of the Red Lion
Building) and Gore Creek Drive (north of the Lodge at Vail) during the hours from
8:30 a.m, until 10:30 a.m. and from 2:00 p.m. until 5:00 p.m,
2. During the hours from 8:30 a.m. to 10:30 a.m. and 2:00 p.m. to 5:00 p.m.,
trucks larger than 1O,500 lbs. gross vehicle weight wi11 be required to park in one
of three °staging areas" in the Village Core and use their own wheel carts to
deliver goods into the Core. The following truck loading zones will be used for
these staging areas:
East - Truck loading zones on Gore Creek Drive (east of Mill Creek
only).
West - Truck loading zones north and south of Willow Bridge. Willow
Bridge will remain open to northbound truck traffic only.
North - Village Transportation Center charter bus lot.
3. Taxis are prohibited from entry into any Village Core location except to
pick up passengers from specific locations. Taxis are prohibited from standing and
waiting for potential passengers in the Village Care without receiving a specific
request from passengers for pick-up.
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4. Town of Vail Municipal Code 8.24.060(G).
(1) It shall be unlawful for any person to idle or permit the idling of
the engine of any bus, truck or any motor vehicle of any kind whatsoever, for a
period of time in excess of twenty minutes within the Town limits of the Town of
Vail.
(2) Notwithstanding paragraph G.1., it shall be unlawful for any person
to permit any id]ing whatsoever of the engine of any unattended bus, truck or any
motor vehicle, except for refrigeration vehicles, within the Commercial Core I or
the Commercial Core II zone district of the Town.
OFF-SEA54N RESTRICTIONS
From the day following the closing day of Vail Mountain through the day before
the mountain reopens each year, the following restrictions apply:
1. Trucks larger than 10,500 lbs. gross vehicle weight {GVW} will be
prohibited from parking on Bridge Street, Hanson Ranch Raad (south of the Red Lion
Building} and Gare Creek Drive (north of the Lodge at Vail} during the hours from
1,1:00 a.m. until 5:00 p.m.
2. During the hours from 11:00 a.m. until 5:00 p.m., trucks larger than
10,500 lbs. gross vehicle weight will be required to park in one of three "staging
areas" in the Village Care and use their awn wheel carts to deliver goods into the
Core. The following truck loading zones will be used for these staging areas:
East - Truck loading zones on Gore Creek Drive (east of Mill Creek
only).
West - Truck loading zones north and south of Willow Bridge. Willow
Bridge will remain open to northbound truck traffic only.
North - Village Transportation Center charter bus lot.
3. The above restrictions apply to vehicles larger than 10,500 lbs. GVW.
Delivery vehicles weighing 10,500 lbs. GVW or less are not affected by the
restrictions. Taxis, service trucks (post office, UPS, plumbers, electricians,
etc.) and personal cars are not affected by these restrictions and are subject to
the existing Core closure regulations outlined in 4. below.
4. The existing summer Village Core closure regulations will remain in
effect:
No vehicles will be allowed entry to the Village Core through Checkpoint
Charlie between the hours of 11:00 a.m. and 2:00 p.m. except for emergency vehicles
and vehicles with a specific destination exempt from the closure.
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5. Taxis are prohibited from entry into any Village Core location except to
pick up passengers from specific locations. Taxis are prohibited from standing and
waiting for potential passengers in the Village Care without receiving a specific
request from passengers for pick-up.
6. Town of Vail Municipal Code 8.24.060{G).
(1) It shall be unlawful for any person to idle ar permit the idling of
the engine of any bus, truck or any motor vehicle of any kind whatsoever ,. for a
period of time in excess of twenty minutes within the Town limits of the Town of
Vail.
{2) Notwithstanding paragraph G.1., it shall be unlawful for any person
to permit any idling whatsoever of the engine of any unattended bus, truck or any
motor vehicle, except for refrigeration vehicles, within the Cammercial Core I or
the Commercial Core II zone district of the Town.
INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of .3une ,
1988.
John C. Slevin, Mayor Pro Tem
ATTE:T:
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Pamela A. Brandmeyer, To n CTerk
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RESOLUTION NO. 11
Series of 1988
A RESOLUTION ExPRESSING OPPOSITION TO THE NATIONAL FOREST
SERVICE'S PROPOSAL TO REVISE THE CURRENT ADMINISTRATIVE
APPEAL PROCESS.
WHEREAS, the National Forest Service has proposed a revision of the current
administrative appeal process; and
WHEREAS, the proposed revision will reduce the appellate rights of those who
are detrimentally affected by Forest Service National Environmental Policy Act
decisions in the following particulars:
A. The rights of those who wish to take part in an appeal of a Forest
Service decision as intervenors will be greatly reduced.
B. Oral presentations will be totally eliminated.
C. The appellate process will be changed from a due process style proceeding
to a "conflict resolution proceeding"
D. There are presently two levels of appeal on initial decisions. This
would be reduced to one level of review under the new proposal.
E. Under the old regulation, decisions not to grant a stay of agency action
were immediately reviewable. This apparently will not be true with the new
proposal.
F. It appears that the officer dealing with the appeal will be a lower level
staff officer rather than the Chief of the Forest Service in the present appeal
process.
G. There will be no obligation on the part of the Forest Service to respond
to the appellant's initial appeal brief.
H. The appeal retard under the new process does not seem to be as well
defined as that under the o]d.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
The Town Council strongly objects to the National Forest Service proposal
revising the current administrative appeal process.
INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of June ,
1988.
ATTEST:
C~J-,l. .
Pamzla A. BraF~dmeyer, Town Clerk
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~~
Jahn C. Slevin, Mayor Pro Tem
RESOLUTION NO. 12
Series of 1988
A RESOLUTION DESIGNATING TexasBanc Savings Association
AS A DEPOSITORY FOR THE FUNDS OF THE TOWN AS PERMITTED
BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE
STATUTES OF THE STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositaries far funds of the Town; and
WHEREAS, the Town wishes to designate TexasBanc Savings
Association as a depository for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. TexasBanc Savings Association is hereby designated as a
depository for the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name of
the Town of Vail at TexasBanc Savings Association. When an account
with TexasBanc Savings Association is liquidated, a check shall be
made to the Town of Vail and mailed to 75 S. Frontage Road, Vail,
Colorado 51657.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
Jv.ly, 19^8.
Rend Rase, Mayor'
1111 ST:
~JQh'rU,~1,1
Pa~r~ela A. Brandmey~er~,JTown Clerk
RESOLUTION N0. 13
Series of 1988
A RESOLUTION DESIGNATING United Savings Association of
Texas AS A DEPOSITORY FOR THE FUNDS OF THE TOWN A5
PERMITTED BY THE CHARTER OF THE TOWN, iT5 ORDINANCES, AND
THE STATUTES OF THE STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositaries far funds of the Town; and
WHEREAS, the Town wishes to designate United Savings
Association of Texas as a depository for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. United Savings Association of Texas is hereby designated
as a depository for the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name of
the Town of Vail at United Savings Association of Texas, When an
account with United Savings Association of Texas is liquidated, a
check sha11 be made to the Town of Vail and mailed to 75 S.
Frontage Road, Vail, Colorado 81657.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
Jttly, 1988.
Kent Rose, Mayor
ST:
Pamela A. Brandmeyer, Town Clerk
RESOLUTION NO. 14
Series of 1988
A RESOLUTION DESIGNATING UNITED SAVINGS BANK AS A DEPOSITORY
FOR THE FUNDS OF THE TOWN AS PERMITTED BY THE CHARTER OF THE
TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF
COLORADO.
WHEREAS, the Town has the power to designate banks ar
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate United Savings Bank as
a depositary for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Vail, Colorado, as follows:
1. United Savings Bank is hereby designated as a depository
for the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name
of the Town of Vail at United Savings Bank. When an account with
United Savings Bank is liquidated, a wire transfer should be made
to the Town of Vail's account # 570-0337, at the First Bank of
Vail, Colorado.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
July 1988.
Kent ~2ose, Mayor
A T:
.l~(.1 x~. ~~
Pamela A. B~-andmeyer, Town Clerk
RESOLUTION NO. 15
Series of 1988
A RESOLUTION DESIGNATING American Savings and Loan
Association AS A DEPOSITORY FOR THE FUNDS OF T8E TOWN AS
PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES , AND
THE STATUTES OF THE STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks ar
financial institutions as depositories for funds of the ToW~ and
a`1 ~~.
WHEREAS, the Town wishes to designate American ~ng ~c~nd
1
Loan Association as a depository for the funds of the ~o :~•~' •_.
.~~
,, ,.
NOW, THEREFORE, BE IT RESOLVED by the Town Council t '~~'~~tn
of Vail, Colorado, as follows:
~c,
1. American Savings and Loan Association is hereby designated
as a depository for the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name of
the Town of Vail at American Savings and Loan Association. When
an account with American Savings and Loan Association is
liquidated, a check shall be made to the Town of Vail and mailed
to 75 S. Frontage Road, Vail, Colorado 81657.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
July, 1988.
-P . ~ r/Y~
Kent Rose. Mayor ~
,•~ 5T:
_ 1~.
YaUrt~ttt~'li.LtlU.~~
'~/'74t-a-~
~Q-~-C~
Pamela A. Brandmeyer, Tawn Clerk ~ ~+ O ~ ~ ~~ y
RESOLUTION N0. 16
Series of 1988
A RESOLUTION DESIGNATING Capitol City Savings AS A
DEPOSITORY FOR THE FUNDS OF THE TOWN AS PERMITTED BY THE
CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF
THE STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks ox
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate Capitol City Savings as
a depository for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. Capital City Savings is hereby designated as a depository
for the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name of
the Town of Vail at Capitol City Savings. .When an account with
Capitol City Savings is liQuidated, a check shall be made to the
Town of Vail and mailed to 75 S. Frontage Road, Vail, Colorado
81657.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
July, 1988.
h V / _
Kent ose, Mayor
ST:
Pamela A. Brandmeye'r, Town Clerk
RESOLUTION NO. 17
Series of 1988
A RESOLUTION DESIGNATING Carver Savings and Loan
Association AS A DEPOSITORY FOR THE FUNDS OF THE TOWN AS
PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES , AND
THE STATUTES OF THE STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate Carver Savings and Loan
Association as a depository for the funds of the Town.
NOW, THEREFORE, SE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. Carver Savings and Loan Association is hereby designated
as a depository for the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit ar checking accounts in the name of
the Town of Vail at Carver Savings and Loan Association, When an
account with Carver Savings and Loan Association is liquidated, a
check sha11 be made to the Town of Vail and mailed to 75 S.
Frontage Road, Vail, Colorado 81657.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
:7uly, 1358.
~ ~.!Z~ ~'
Kent Rose, Mayor ~ '~
ST:
Pamele. A. Brandmeyer~, Town Clerk
RESOLUTION NO. 1$
Series of 1988
A RESOLUTION DESIGNATING CHAMPION SAVINGS ASSOCIATION AS A
DEPOSITORY FOR THE FUNDS OF THE TOWN AS PERMITTED BY THE
CHARTER OF THE TpWN, ITS ORDINANCES, AND THE STATUTES OF THE
STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate Champion Savings
Association as a depository for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Vail, Colorado, as follows:
~.. Champion Savings Association is hereby designated as a
depository for the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name
of the Town of Vail at Champion Savings Association When an
account with Champion Savings Association is liquidated, a wire
transfer should be made to the Town of Vail's account # 570-0337,
at the First Bank of Vail, Colorado.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
July 1988.
~ ~C~
Kent Rose, Mayor
~' EST:
~. r1.L~
Pamela A. Brandmeye , Town Clerk
fit ~ ~ ~.U
RESOLUTION NO. 19
Series of 1988
A RESOLUTION DESIGNATING First American Bank For Savings
AS A DEP05ITORY FOR THE FUNDS OF THE TOWN AS PERMITTED
BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE
STATUTES OF THE STATE DF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositaries for funds of the Town; and
WHEREAS, the Town wishes to designate First American Bank For
Savings as a depository for the funds of the Tawn.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Caloradn, as follows:
1. First American Bank For Savings is hereby designated as a
depository far the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Tawn of Vail, or his successor, and Steve Thompson, Financial
Controller of the Tawn of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name of
the Town of Vail at First American Bank For Savings. When an
account with First American Bank For Savings is liquidated, a check
shall be made to the Town of Vail and mailed to 75 5. Frontage
Road, Vail, Colorado 81557.
3. This Resoiutian shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
JLly, 1988.
T° 11 ~/Y~
Kent Rose, Mayor
~T'_" S T
Pam~_la A. Brandmeyer, Town Clerk
RESOLUTION NO. 24
Series of 1988
A RESOLUTION DESIGNATING First American Bank and Trust
AS A DEPOSITORY FOR THE FUNDS OF THE TOWN AS PERMITTED
BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE
STATUTES OF THE STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate First American Bank and
Trust as a depository for the funds of the Tawn.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. First American Bank and Trust is hereby designated as a
depository far the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, ox his successor, are hereby
authorized to open any deposit or checking accounts in the name of
the Town of Vail at First American Bank and Trust. When an account
with First American Bank and Trust is liquidated, a check shall be
made to the Town of Vail and mailed to 75 S. Frontage Road, Vail,
Colorado 81657.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
July, 198S.
Kent dose, Mayo
ST:
Pamela A. Brandmeyer~, Town Clerk
RESOLUTION NO. 21
Series of 1988
A RESOLUTION DESIGNATING First Bank of Gladstone AS A
DEPOSITORY FOR THE FUNDS OF THE TOWN AS PERMITTED BY THE
CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF
THE STATE DF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate First Bank of Gladstone
as a depnsitary for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. First Bank of Gladstone is hereby designated as a
depository fnr the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Tawn of Vail, or his successor, are hereby
authorized to apen any deposit or checking accounts ~.n the name of
the Town of Vail at First Bank of Gladstone. When an account with
First Bank of Gladstone is liquidated, a check shall be made to the
Town of Vail and mailed to 75 S. Frontage Rvad, Vail, Colorado
81657.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, AFPROVED AND ADOPTED this nth day of
July, 198$.
Rent Rbse, Mayor'
A 5T:
~,,r . ~~-~c.a~t.tc~~t.-~
Pamela A. Brandmeyer, Town Clerk
RESOLUTION NO. 22
Series of l98$
A RESOLUTION DESIGNATING Investors Federal Savings and
Loan Association AS A DEPOSITORY FOR THE FUNDS OF THE
TOWN AS PERMITTED BY THE CHARTER OF THE TOWN, ITS
ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate Investors Federal
Savings and Loan Association as a depository for the funds of the
Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. Investors Federal Savings and Loan Association is hereby
designated as a depository far the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
autharixed to open any deposit or checking accounts in the name of
the Town of Vail at Investors Federal Savings and Loan Association.
When an account with Investors Federal Savings and Loan Association
is liquidated, a check shall be made to the Town of Vail and mailed
to 75 S. Frontage Road, Vail, Colorado 81557.
3, This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
July, 1988.
~/I 1 O'Y<
Kent~Ro~se, Maya
`iJ ST:
~ ~. r.~J
Parnela A. Brandmeyer, Town Clerk
RESOLUTION NO. 23
Series of 1988
A RESOLUTION DESIGNATING MeritBanc Savings AS A
DEP052TORY FOR THE FUNDS OF THE TOWN AS PERMITTED BY THE
CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF
THE STATE OF COLpRADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Tawn; and
WHEREAS, the Town wishes to designate MeritBanc Savings as a
depository far the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. MeritBanc Savings is hereby designated as a depositary for
the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Tawn of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name of
the Town of Vail at MeritBanc Savings. When an account with
MeritBanc Savings is liquidated, a check shall be made to the Town
of Vail and mailed to 75 S. Frontage Road, Vail, Colorado 81657.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
,Tuly, 1988.
`~ ~ ~~~
Rent Dose, Mayor
'"'EST
~. ! ~ct.~fGlt~cl.[...J
Pamela A. Brandmeyer, Town Clerk
RESOLUTION NO. 24
Series of 1988
A RESOLUTION DESIGNATING Olney Savings Association AS A
DEPOSITORY FOR THE FUNDS OF THE TOWN AS PERMITTED BY THE
CHARTER OF THE TOWN, zT5 ORDINANCES, .AND THE STATUTES OF
THE STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Tawn; and
WHEREAS, the Town wishes to designate Olney Savings
Association as a depository for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail. Colorado, as follows:
1. Olney Savings Association is hereby designated as a
depositary for the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name of
the Town of Vail at Olney Savings Association. When an account
with Olney Savings Association is liquidated, a check shall be made
to the Town of Vail and mailed to 75 S. Frontage Road, Vail,
Colorado 81657.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
July, 3958.
~ ~ U ~~
Rent R se, Mayor
ATTEST:
~J~~1 ~~~
Pamela A. Brandmeyer, Town Clerk
RESOLUTION NO. 25
Series of 1988
A RESOLUTION DESIGNATING STANDARD FEDERAL SAVINGS AND LOAN
ASSDCIATION AS A DEPOSITORY FOR THE FUNDS OF THE TOWN AS
PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE
STATUTES OF THE STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate Standard Federal
Savings and Loan Association as a depository for the funds of the
Town.
NOW, THEREFORE, BE iT RESOLVED by the Town Council of the
Town of Vail, Colorado, as follows:
1. Standard Federal Savings and Loan Association is hereby
designated as a depository for the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative ServlCeS Of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit ar checking accounts in the name
of the Town of Vail at Standard Federal Savings and Loan Associa-
tion. When an account with Standard Federal Savings and Loan
Assaciation is liquidated, a wire transfer should be made to the
Town of Vail's account # 570-0337, at the First Bank of Vail,
Colorado.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
July ?.988 ,
~ ~ v ~d~~
Ken Rose, Ma or
3~TTF,ST ;
. ~ ~ ~~~ a~
Pamr~la H. k3randmeyer, 'Town Clerk
RESOLUTION NO. 2b
Series of 1988
A RESOLUTION DESIGNATING Suffield Bank AS A DEPOSITORY
FDR THE FUNDS OF THE TOWN AS PERMITTED BY THE CHARTER OF
THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE
4F' COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate Suffield Bank as a
depositary for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. Suffield Bank is hereby designated as a depository for the
funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson. Financial
Controller of the Tawn of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name of
the Town of Vail at Suffield Bank. When an account with Suffield
Bank is liquidated, a check shall be made to the Town of Vail and
mailed to 75 S. Frontage Road, Vail, Colorado 81557.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
July, 198$.
1~ ~~-
Kent ose, Mayor `
AT ST:
J~- ~~~lG~/I1~J
PanFe~.a A. Brandmeyer, Town Clerk
RESDLUTION N0. 27
Series of 1988
A RESOLUTION DESIGNATING Sunbelt Savings Association of
Texas AS A DEPOSITORY FOR THE FUNDS OF THE TOWN AS
PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES , AND
THE STATUTES OF THE STATE OF CDLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories far funds of the Town; and
WHEREAS, the Town wishes to designate Sunbelt Savings
Association of Texas as a depository for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. Sunbelt Savings Association of Texas is hereby designated
as a depository far the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vaii, or his successor, are hereby
authorized to open any deposit or checking accounts in the name of
the Town of Vail at Sunbelt Savings Association of Texas. When an
account with Sunbelt Savings Association of Texas is liquidated,
a check shall be made to the Town of Vail and mailed to 75 S.
Frontage Road, Vail Colorado 81657.
3. This Resolution shah take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of
July, 1988. /^~
~r 1
Kent R se, Mayon'
EST:
-~r~c.~.~J~. ~~~tccrl~r.~.~
Pamela A. Brandmeyer, Town Clerk
RESOLUTION NO. 28
Series of 1988
A RESOLUTION SETTING THE DATE FOR A SPECIAL ELECTION
TO CHOOSE A COUNCIL MEMBER TO FILL THE UNEXPIRED TERM
OF RETIRING COUNCIL MEMBER CORDON PIERCE; AND PROVIDING
DETAILS IN REGARD THERETO.
WHEREAS, Councilman Gordon Pierce has announced his resignation from the Town
Council of the Town of Vail effective September 15, 1988; and
WHEREAS, Gordon Pierce has an unexpired term of more than one year and Section
3.9 of the Town of Vail Charter provides that when it becomes necessary to replace a
Council member who has an unexpired term of more than one year, a special election
must be called for that purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN AF VAiL,
COLORADO, as follows:
1. A special election is hereby set for September 13, 1988 for the purpose of
electing a new Council member to fill the unexpired term of retiring Council member
Gordon Pierce.
2. The Town Clerk is hereby directed to take all steps required by law for the
purpase of holding said special election.
INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of July, 1988.
John~C. Slevin, ayor Pro Tem
ATTEST:
~_~ ~~
~..~ -.
Pamela A. Brandmeyer, To4un Clerk
y 4 W `~ u
• .. ,1
5. The Town Clerk is hereby directed to give notice of said public hearing in
accordance with the provisions of 33.-12-108(2), C.R.S., as amended.
6. This Reso]ution shall take effect upon its adoption.
INTRODUCED, READ, APPROVED A~1D ADOPTED this 2nd day of August, 1988.
Kent Rose, Mayot'' ~
A.TTE ST
~• ~y~n~c,~~r.~..~J
Pamei~ A. Brandmeyer, Town Clerk
-z-
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RESOLUTION NO. 29
Series of 1988
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF A PETITION
FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS
THE ULBRICH PROPERTY TN WEST FAIL; AND SETTING FORTH
DETAILS IN REGARp THERETO.
WHEREAS, the landowner comprising 100% of the landowners in the area proposed to
be annexed (which area is described in Exhibit A attached hereto and made a part
hereof by reference) and owning 1DO% of the area excluding public streets and alleys
and any land owned by the Town of Vail has filed a petition for annexation of said
area with the Town Clerk of the Town of Vail, Colorado, requesting the Town to
commence proceedings for the annexation of said area; and
WHEREAS, the Town Clerk has referred said petition to the Town Council of the
Town of Vail as a communication at a regular meeting of the Town. Council an the 2nd
day of August, 1988; and
WHEREAS, having received the petition for annexation, the Town Council is
required under the Municipal Annexation Act of 1965 to determine whether said
petition is in substantial compliance with C.R.S. 31-12-107(1), and if so, to follow
the procedure set forth in C.R.S. 31-12-108, 109, 110 and 111.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, that:
1. The Town Council hereby finds that the petition for annexation has been
signed by 100% of the landowners in the area purposed to be annexed and owning more
than 1DO% of the area excluding public streets and alleys and any land owned by the
Town of Vail.
2. The Town Council hereby finds that the petition for annexation is in
substantial compliance with the requirements of C.R.S. 31-12-107(1), as amended.
3. The Town Council hereby finds that it has the necessary jurisdiction to
proceed with the annexation of said territory.
4. The Town Council hereby determines that it shall hold a public hearing to
determine if the proposed annexation complies with Sections 31-12-104 and 31-i2-1O5,
C.R.S., as amended, to establish whether or not said area is eligible for annexation
under the Municipal Annexation Act of 19fi5, said hearing to be held at a regular
meeting of the Town Council on the 6th day of September, 198$, at 7:30 p.m., in
the Municipal Building of the Town of Vail.
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Lots 16 and 19, Section 14, Township 5 South, Range 81 West of the Sixth
Principal Meridian according to the Dependent Resurvey and Survey of said Section as
approved by the United States Department of the Interior, Bureau of Land Management,
in Washington, D.C. on September 29, 1975.
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CERTIFIED RECORD OF PROCEEDINGS
OF THE
TOWN COUNCIL
OF THE
TOWN OF VAIL. COLORADO
RELATING TO A RESOLUTION
INITIATING A
SPECIAL AND LOCAL IMPROVEMENT PROJECT
IN
BOOTH CREEK
~~
nn
~1\ F
l ~ ~J (~
STATE OF COLORADO )
COUNTY OF EAGLE ) ss.
TOWN OF VAIL 7
The Tawn Council of the Tawn of Vail, Colorado, met in regular session at the
Uail Municipal Building, Vail, Colorado, the regular meeting place thereof, on
Tuesday, the 16th day of August, 1988, at the hour of 7:30 p.m.
The following members of the Town Council were present:
Mayor: Kent R. Rose
Mayor Pro Tem: John Slevin
Council Members: Eric Affeldt
Merv Lapin
Gail Wahriich-Lowenthal
Gordon Pierce
Thomas Steinberg
The following members of the Town Council were absent:
None
The following persons were also present:
Town Manager: Randall V. Phillips
Town Attorney: Lawrence A. Eskwith
Director of Administrative
Services: Charles Wick
Thereupon the following proceedings, among others, were had and taken:
-2-
a~
Counci 1 Member Gordon Pierce
introduced and moved the passage and
adoption of the following Resolution, which was then read by title, sufficient
copies thereof having previously been made available to the Town Council and to the
public:
~..
RESOLUTION N0. 30
Series of I988
A RESOLUTION INITIATING A SPECIAL AND LOCAL IMPROVEMENT PROJECT
IN THE BOOTH CREEK AREA; DIRECTING THE TOWN MANAGER TO HOLD
ADMINISTRATIVE HEARINGS AND OTHER PROCEDURES FOR THE IMPLEMENTATION
THEREOF; RATIFYING AND APPROVING WORK PREVIOUSLY DONE BY THE
ADMINISTRATION ON SAID SPECIAL AND LOCAL IMPROVEMENT PROJECT; AND
SETTING FORTH DETAILS IN RELATION THERETO.
WHEREAS, it is the opinion of the Town Council that certain improvements shou]d
be made to mitigate rockfall in the Booth Creek area; and
WHEREAS, said project is necessary for the ful] and complete use and enjoyment
of the private property in the Booth Creek area; and
WHEREAS, it is the belief of the Town Council that said improvements will confer
special benefits of a local nature on the private property in the Booth Creek area.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, that:
1. There is hereby initiated by this Resolution a special and ]oval
improvement project to construct and install certain improvements to mitigate
rockfall in the Booth Creek area, including but not ]invited to, construction of a
berm to stop failing rocks from reaching private property in the Booth Creek area.
2. The Town Manager or his authorized agents are hereby directed to proceed
with the project by holding such administrative hearings and investigations as they
may deem necessary or appropriate to inform affected property owners about the
project and the assessments proposed and to obtain their reactions thereto, to
implement the project, and to recommend to the Town Council for its consideration
and adoption the manner of construction and installation of the project, the extent
of the project, the portion, if any, of the cost of the project to be paid by the
Town, the method of assessing ail or a portion of the cost of the project against
-4-
r
the properties in the vicinity thereof specially benefited thereby, the portion of
the cost of the project to be paid by special assessments, and any further
recommendations that the Town Manager may deem appropriate.
3. The Tawn Council hereby ratifies and approves any hearings, work, or
proceedings previously carried out by the Town Manager or his authorized agents in
relation to the project.
4. This Resolution shall take effect immediately upon its adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of August, 1988.
Kent~R. Rose, Ma r ~
ATTEST:
~-~
Pamela A. Bran meyer, Town Clerk
Council Member Merv Lapin seconded the motion, and the question
being upon the passage and adoption of the Resolution, the roll was called with the
following result:
Council Members Voting "Yes": Kent R. Rose
John Slevin
Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Gordon Pierce
Thomas Steinberg
Council Members Voting "No": None
A majority of the Council Members present having voted in favor of the passage
and adoption of the Resolution, the Mayor thereupon declared the Resolution duly
passed and adopted.
Thereupon, after consideration of other business to came before the Council, the
meeting was adjourned.
a~
Kent R: Rose, Mayor
ATTEST:
~• U~iYhl~,lLLt~/
Pamela A. 8randmeyer, Tbwn Clerk
-6-
4
f
STATE OF COLORADO }
}
COUNTY OF EAGLE ) ss.
TOWN OF VAIL )
I, Pamela A. Brandmeyer, the Town Clerk of the Town of Vail, Colorado, do hereby
certify that the attached copy of Resolution No. 30, Series of 198$, is a true and
correct copy; that said Resolution was passed and adopted by the Town Council at a
regular meeting thereof held at the Vail Municipal Building, the regular meeting
place of the Town Council in the Town, on Tuesday, the 16th day of August, 1988; and
that true copies of said Resolution have been duly executed and authenticated by the
signatures of the Mayar of the Town of Vail and myself, as Town Clerk of the Town,
sealed with the seal of the Tawn, and numbered and recorded in the official records
of the Town kept for that purpose in my office. I further certify that the
foregoing pages 1 through 6, inclusive, constitute a true and correct copy of the
record of the proceedings of the Town Council at its meeting of August 16, 1988,
insofar as said proceedings relate to said Resolution; that said proceedings were
duly had and taken; that the meeting was duly held; and that the persons were
present at said meeting as therein shown.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of
Vail, Colorado, this ~~~day of August, 1988.
~ ~ ru.~
Pamela A. Brandmeyer, ow Clerk
Town of Vail, Colorado
..a._
RESOLUTION N0. 31
Series of 1988
A RESDLUTION SETTING FORTH THE RENTAL RATE FOR DECK SPACE
LOCATED ON PROPERTY OWNED SY THE TOWN; AND SETTING FORTH
DETAILS IN REGARDS THERETO.
WHEREAS, the Town Council in February 1988 by motion set forth a rental rate of
two dollars ($2.00} per square foot for each month used by the Lessee as a uniform
rental rate to be charged for deck space located on Town property; and
WHEREAS, the Town Council now wishes to memorialize said rental rate by
resolution.
NOW, THEREFORE, SE IT RE50LVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
The rent for all deck space located on Town of Vail property shall be two
dollars ($2.00) per square foot of deck space per month for each month the Lessee
utilizes said deck space.
INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of September ,
1988.
~ ~~ ~ t) ~ 1~ 0~~~-
Kent R. Rose, Mayer `
ATTEST:
_^-~
Pame?a A. 3r•,andmeyer, Town Clerk
RESOLUTION NO. 32
Series of 1988
A RESOLUTION DESIGNATING BANCO DE BOGOTA, 375 PARK AVE.,
23RD FLOOR, NEW YORK, NEW YORK, AS A DEPOSITORY FOR THE
FUNDS OF THE TOWN AS PERMITTED BY THE CHARTER OF THE TOWN,
ITS ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate Banco De Bogota as a
depository for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Vail, Colorado, as follows:
1. Banco De Bogata is hereby designated as a depository for
the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name
of the Town of Vail at Banco De Bogota. When an account with
Banco De Bogota is liquidated, a wire transfer should be made to
the Town of Vail's account # 570-0337, at the First Bank of Vail,
Colorado.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of
September, 1988
~/,~/L 1~G~0'1~
Kent Rose, Mayor
P
~.~ ~
Pamela A., Brandmeyer, 'down Clerk
RESOLUTION NO. 33
Series of 1988
A RESOLUTION DESIGNATING AMERICAN STATE BANK OF OLIVIA,
BOX 10, OLIVIA, MINNESOTA, AS A DEPOSITORY FOR THE FUNDS
OF THE TOWN AS PERMITTED BY THE CHARTER OF THE TOWN, ITS
ORDINANCES, AND THE STATUTES OF THE STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories far funds of the Town; and
WHEREAS, the Town wishes to designate American State Bank of
Olivia as a depository for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council Of the
Town of Vail, Colorado, as follows:
1. American State Bank of Olivia is hereby designated as a
depository for the funds of the Town of Vaii.
2, Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name
of the Town of Vail at American State Bank of Olivia. When an
account with American State Bank of Olivia is liquidated, a wire
transfer should be made to the Town of Vail's account # 570-0337,
at the First Bank of Vail, Colorado.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of
September, 198$
~r~ ~~
Kent Ro e, Mayo'
ATTESTe
Par~?la. A. Brandmey~er, Town Clerk
rl
es
RESOLUTION NO. 34
Series of 1988
A RESOLUTION DESIGNATING FIRST SERVICE BANK, 15 MONUMENT
SQUARE, LEOMINSTER, MASSACHUSETTS, AS A DEPOSITORY FOR
THE FUNDS OF THE TOWN AS PERMITTED BY THE CHARTER OF THE
TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF
COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate First Service Bank as
a depository for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Vail, Colorado, as follows:
1. First Service Bank is hereby designated as a depository
for the funds of the Town of Vaii.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open any deposit or checking accounts in the name
of the Town of Vail at First Service Bank. When an account with
First Service Bank is liquidated, a wire transfer should be made
to the Town of Vail's account # 570-0337, at the First Bank of
Vail, Colorado.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTE^ this 6ch day of
September, 1988
~' ~ c~~
Kent ~tose; Mayor
P.T ST:
~~. ~
Pamela A. Brandmeyer; Town Clerk
~ ~ ~
RESOLUTION NO. 35
Series of 1988
A RESOLUTION DESIGNATING NATIONAL BANCSHARES CORPORATION,
P . O. DRAWER 121 , SAN ANTONIO, TEXAS , AS A DEPOSITORY FOR
THE FUNDS OF THE TOWN AS PERMITTED BY THE CHARTER OF THE
TOWN, ITS ORDINANCES, AND THE STATUTES OF THE STATE OF
COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositaries for funds of the Town; and
WHEREAS, the Town wishes to designate National Bancshares
Corporation as a depository for the funds of the Town.
NOW, THEREFORE, BE TT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. National Bancshares Corporation is hereby designated as a
depository for the funds of the Tawn of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successnr, are hereby
authorized to open any deposit or checking accounts in the name of
the Town of Vail at National Bancshares Corporation. When an
account with National Bancshares Corportioan is liquidated, a check
shall be made to the Town of Vail and mailed to 75 S. Frontage
Road, Vail, Colorado 81657.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of
~~.^tember, 1988 ~~~~~~
Kent Rose, Ma or
Y
ST:
~7i~'r.(kU~
Pamela A, Brandmeyer,'Town Clerk
~.~ .. A .~ ti.~ ...~
~~
RESOLUTION N0. 36
Series of 1988
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT,
AND REACHING CERTAIN CONCLUSIONS RELATING TO THE
ANNEXATION OF A PORTION OF THE AREA OF WEST VAIL
GENERALLY KNOWN AS THE ULBRICH PROPERTY; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the landowner comprising one hundred percent (100) of the landowners
in the area proposed to be annexed {which is described in Exhibit A attached hereto
and made a part hereof by reference} and owning 100% of the area excluding public
streets and alleys and any land owned by the Town of Vail has filed a petition for
annexation of said area with the Town Clerk of the Town of Vail, Colorado,
requsting the Town to commence proceedings for the annexation of said area; and
WHEREAS, the Town Clerk has referred said petition to the Town Council of the
Town of Vaii as a communication at a regular meeting of the Town Council on the
2nd day of August, 1988; and
WHEREAS, at said regular meeting the Town Council passed a resolution making the
fallowing findings:
A. That the petition for annexation has been signed by one hundred percent
{100%} of the land owners in the area proposed to be annexed and owning mare than
one hundred percent (100) of the area excluding public streets and alleys and any
land owned by the Town of Vail.
B. That the petition for annexation was in substantial compliance with the
requirements of C.R.D. 31-12-107 (1), as amended.
C. That the Town Council had the necessary jurisdiction to proceed with the
annexation of said territory; and
WHEREAS, the Town Council passed Resolution No. Z9, Series of 1988, and
determined in said resolution that it should hold a public
the proposed annexation complies with Section 31-12-104 an
amended, to establish whether or not said area is eligible
Municipal Annexation Act of 1965, as amended, said hearing
meeting of the Town Council on 6th day of September, 1988,
Municipal Building of the Town of Vail; and
hearing to determine if
d 31-12-105, C.R.S., as
for annexation under the
to be held at a regular
at 7:30 p.m, in the
WHEREAS, the Town Clerk gave notice of said public hearing on the annexation
petition in accordance with the provisions of 31-12-108 (2), C.R.S., as amended; and
WHEREAS, the Town Clerk has received proof of publication of the regular notice
and of the publication of Resolution No. 29, Series of 1988,
~ ~Mf
NOW THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado,
that:
1. Findings of Fact
Dn the basis of competent evidence presented in the public hearing on the
petition for annexation on the 7th day of September, 1988, at 7:30 p.m., the Town
Council of the Town of Vail, Colorado, finds and determines as follows:
A. At least one-sixth of the perimeter of the area proposed to be annexed
is contiguous with the Town of Vail, Colorado, the annexing municipality; the area
proposed to be annexed is described in Exhibit A hereof and shown on the annexation
plat which is incorporated herein by reference and made a part hereof.
B, A community of interest exists between the territory proposed to be
annexed and the annexing municipality; the territory proposed to be annexed is urban
or will be urbanized in the near future; and the territory proposed to be annexed is
integrated with or is capable of being integrated with the Town of Vail.
C. In establishing the boundaries of the territory proposed to be annexed
there was no division of any parcel of land therein held in identical ownership,
whether consisting of one tract or parcel of real estate of two ar more contiguous
tracts or parcels of real estate, that has been divided into separate parts or
parcels without the written consent of the landowners thereof.
D. The territory proposed to be annexed does not include any land held in
identical ownership, whether consisting of one tract or parcel of real estate or two
or more contiguous tracts or parcels of real estate, comprising twenty (20} acres or
more {which, together with the buildings and improvements situated thereon has a
valuation or assessment in excess of two hundred thousand dollars ($200,0000 far ad
valorem for the year next preceding the annexation.)
E. No annexation proceeding concerning any part of the territory proposed
to be annexed has been commenced by any other municipaiity.~
F. The annexation of said territory will not not result in the detachment
of any area from any school district.
G. No election is required for the annexation of said territory under
Section 31-12-107 (2}.
!H. The County Commissioners of the County of Eagle, State of Colorado, by
Resolution No. 88-29, a copy of which is attached hereto as Exhibit B waived
preparation by the Town of Vail of an annexation impact report required by Section
31-12-108.5, C.R.S., as amended.
-2-
. ,
~~ -~ . .
2. Conclusions and Determinations
Based on the findings of fact set forth in paragraph 1 hereof, the Town
Council reaches conclusions and makes determinations as follows:
A. The requirements of the applicable parts of Sections 31-12-104 and
31-12-105, C.R.S., as amended, have been met in regard to the proposed annexation.
B. No annexation election is required under Section 31-12-107 (2),
C.R.S., as amended.
C. The Town Council hereby determines that no additional terms and
conditions are to be imposed on the territory to be annexed.
3. This Resolution shall take effect upon its adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of September, 19$$.
Kent R. Rose, Mayar
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-3-
M .r M ~ ` v
~xHIBIT a
Lots 15 and 19, Section 14, Township 5 South, Range 81 West of the Sixth
Principal Meridian according to the Dependent Resurvey and Survey of said Section as
approved by the United States Department of the Interior, Bureau of Land Management,
in Washington, D.C. on September 29, 1975.
l
RECD J l1 L ~ ., '1988
Exhibit "B"
Commissioner ___~~i!~'~SO~ _maved adoption
of the following Resolution:
BORRD OF COUNTY COMMISSIONERS
COUNTY DF EAGLE: STATE OF COLORADO
RESDLUTiDN ND. 88-~~__
WAIVER OF RNNEXATIDN IMPACT REPORT FOR THE TOWN OF VAIL
WHEREAS, it has been proposed that the Town of Vail annex Lot lb and Lat
19, Section 14, Township 5 South, Range 81 West of the 6th P.M. Eagle County,
Colorado; and
WHEREAS, Pursuant Section 31-12-1Q8.5, the Town of Vail is required to
prepare an annexation impact report and submit sorb report to the county; and
WHEREAS, the Tawn of Vail has requested the County to waive preparation
of such report; and
and
WHEREAS, roads and improvements have not been installed on the property;
WHEREAS, the Board of County Commissioners has carefully studied the
_ need for such a report under the particular circumstances presented in this
proposed annexation;
BE IT RE5OLVED 8Y THE HOARD DF COUNTY COMMISSIONERS ^F THE COUNTY DF
EAGLE, STATE DF CDLDRRDO:
The Board finds that the property can be better developed as an
incorporated part of the Tawn of Vail, and that such annexation will have na
detrimental impact on adjacent properties remaining within the unincorporated
area of the County.
The Board of County Commissioners hereby agrees the required annexation
impact report in this case is unnecessarily burdensome and therefore agrees to
waive the requirement of its preparation.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
Count of Eagle, State of Colorado, at its regular meeting held the _~~ day
of _____, 1988.
•
•
~/ COUNTY OF EAGLE, STATE OF
I~ COLORADO, $y and Through Its
BOARD OF COUNTY COMMI55IONERS
~_ . ' !,~"~
erk of the rd of ~~`-~_~- George A. ates, Chairman
ounty Commissioners
Don d H. Welch, Co~oner
is and L. ust son,
Commission r
v~
Commissioner ___ ~_______ seconded adoption of the
foregoing resolution. The roll having been called, the vote was as follows:
Commissioner George A. Gates ~_t~~_
Commissioner Donald H. Welch ~.
Commissioner Richard L. Gustafson _~.~,_Q~
This Resolution passed by ~~h~~~°~@l~tS vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
_E_
a
~ r
N0. 37
Series of 1988
A RESOLUTION HONORING MAYA WALKER FOR HER
EXCELLENT PERFORMANCE IN THE MISS AMERICA
PAGEANT AND FOR HER OUTSTANDING ACHIEVEMENT
OF ATTAINING FIRST RUNNER UP TO MISS AMERICA.
WHEREAS, Maya Walker as Miss Colorado performed in an excellent
manner in the Miss America Pageant; and
WHEREAS, Maya Walker through her excellent performance made an
outstanding achievement of attaining First Runner Up to Miss America;
and
WHEREAS, congratulations are due to Maya Walker for her achievement
as First Runner Up to Miss America.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, that:
The Town Council hereby expresses the Town's pride in the
accomplishments of Maya Walker in both the Miss Colorado and Miss
America Pageants and also expresses their appreciation and
congratulations for her extraordinary achievement in being named First
Runner Up to Miss America.
INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of September.,
1988.
ATTEST:
~ _ ~ ~ a~
Kent R. Rose, Mayor '
Pamela A. Brandmeyer, Town Clerk
RESOLUTION N0. 38
Series of 1988
A RESOLUTION AUTHORIZING THE TOWN OF UAIL TO RENT A SAFE
DEPOSIT VAULT AT THE FIRSTBANK OF UAIL AND AUTHORIZING
CERTAIN OFFICERS TO SIGN A LEASE THEREFOR, TO TERMINATE
THE LEASE, TO SURRENDER THE BOx, RETURN THE KEYS, AND
RELEASE THE BANK FROM ANY LIABILITY IN CONNECTION THEREWITH.
WHEREAS, the Tawn has the power to rent safe deposit boxes in financial
institutions; and
WHEREAS, the Town wishes to rent a safe deposit box at the FirstBank of Vail.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, as follows:
1. Ron Phillips, or his successor as Town Manager, and Charles Wick, or his
successor as Administrative Services Director, are hereby a
deposit box in the FirstBank of Vail safe deposit vault and
Town a lease therefor, to terminate the lease, to surrender
keys, and release the bank from any liability in connection
this authorization is access to such box and control of the
above named officers.
uthorized to rent a safe
to sign on behalf of the
the box, return the
therewith. Included in
contents thereof by the
2. At least one of the authorized officers set forth above shall be present
whenever access is had to the box and shall sign whatever application for access may
be required by the bank as a prerequisite to granting access to said box.
3. This authorization shall remain in effect until and unless the bank is
notified otherwise by the Town.
INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of October
1988.
Kent R: Rose, Mayor '
ATTEST:
~w,Gv~. ~~2t~u.LU1~/
Pamela A. Brand~neyer,' Town Clerk
RESOLUTION NO. 39
Series of 1.988
A RESOLUTION DESIGNATING CENTRAL BANK OF DENVER AS A
DEPOSITORY FOR THE FUNDS OF THE TOWN AS PERMITTED BY THE
CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUTES OF THE
STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate Central Bank of Denver
as a depository for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Vail, Colorado, as follows:
1. Central Bank of Denver is hereby designated as a
depository for the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open a public super now account in the name of the
TOWn of Vail at Central Bank of Denver.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of
November 1988.
`~~~ ~ ~~ ~
Kent Rose, Mayor'
A TEST.
~1 ~~ ~
Pamela A. Brandmey~er, Town Clerk
RESOLUT; NO. 40
Series of 1988
A RE50LUTION OPPOSING PROPOSED AMENDMENT b
OF THE COLORADO CONSTITUTION.
W~IEREAS, the proposed Amendment 6 to the Colorado Constitution will be submitted
to the voters at the General Election on November 8, 1988; and
WHEREAS, Amendment 6 will impose severe limitations on the ability of the Town
of Vaii to raise all revenues related to any tax, license, permit or fee; and
WHEREAS, Amendment 6 will impose severe limitations on the ability of the Town
to issue all types of debt related to general obligation bonds, short term
borrowing, lease purchasing, or debt refinancing; and
WHEREAS, Amendment 6 repeals the existing real estate transfer tax which will
cause severe hardship on the Town, in that the Town has approximately nine hundred
thirty-two thousand dollars ($932,000) in annual debt service paid from the real
estate transfer tax fund which would have to be paid from alternative existing
revenues used for other Town services; and
WHEREAS, Amendment 6 repeals the real estate transfer tax which eliminates the
future purchasing of open space and severely restricts the development and
improvement of bike and recreation paths and parks within the Town; and
WHEREAS, Amendment 6 will cause many service level reductions in the Town which
heretofore have been desired and/or mandated by the citizens of the Town; and
WHEREAS, the Town Charter and the Town ordinances adopted by the citizens of the
Town of Vail contain reasonable and practical provisions for the self-government of
Vail by its citizens and elected Town officials; and
WHEREAS, Amendment 6 creates a statewide approach to taxation and fails to
recognize special local needs or the desires of the citizens of the Town; and
WHEREAS, Amendment 6 mandates that all debt be approved by a two-thirds majority
of voters which is in direct conflict with Town Charter provisions and with the
basic tenets of simple majority rule of democracy.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
The Town Council hereby sets forth its strong opposition to proposed Amendment 6
of the Colorado Constitution and urges all registered voters to reject Amendment 6
at the General Election on November 8, 1988.
INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of November, 1988.
~j~ J U Y ~
Kent R. Rose, Mayor
ATTEST:
-~~
~~~. ~
Pamela A. Brandmeyer; Town Clerk
RESOLUTION NO. 41
Series of 1988
A RESOLUTION SUPPORTYNG THE TOWN OF MINTURN'S CONTINUED
FUNDING FROM THE COLORADO HIGHWAY COMMISSION TO CONSTRUCT
IMPROVEMENT TO U,S. HIGHWAY 24.
WHEREAS, the Colorado Highway Commission has included funding
for design and construction of improvements to U.S. Highway 24 from
the Town of Minturn to Dowd Junction.
WHEREAS, U.S. Highway 24 is a major route for guests and
workers commuting to Vail.
WHEREAS, U.S. Highway 24 has had a history of traffic
accidents due to its narrow, winding configuration.
WHEREAS, the Town Council of the Town of Vail believes it to
be in the best interest of the Town of Vail, the County of Eagle
and the State of Colorado, that funding for design and construction
of improvements for U.S. Highway 24 be included in the State's
five-year plan.
NOW, THEREFORE, be it resolved by the Town Council of the Town
of Vail, Colorado, that:
The Town Council of the Town of Vail hereby requests that
continued funding be made available far improvements to U.S.
Highway 24.
INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of
November, 1988.
.~ J ~/t
Kent Rose, Mayor
Town of Vail, Colorado
ATTEST
-.~'inu,~ x~ . ~i~~u.~~k,~cr~,~--~
Pam Brandmeyer, Town Clerk
Town of Vail
RESOLUTION NO. !+2
Series of 1988
A RESOLUTION IN SUPPORT OF U.S. WEST'S PROPOSAL
FOR LOCAL TELEPHONE CALLING AREAS IN RURAL COLORADO.
WHEREAS, U.S. West has proposed to expand local telephone calling areas in rural
Colorado; and
WHEREAS, expanded local calling areas could eliminate long distance charges
between communities located in the same area; and
WHEREAS, the Denver metro area is opposing expansion of the rural local calling
concept as they feel the metro communities will absorb the costs of this rural
program; and
WHEREAS, the Uail Town Council is supportive of the local telephone calling
areas for Eagle County and the Upper Eagle Valley; and
WHEREAS, the Public Utilities Commission has to approve the local telephone
calling areas and needs to know the opinions of rural Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
The Town Council hereby sets forth its support to U.S. West's proposal for local
telephone calling areas in rural Colorado.
INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of November ,
1988.
'i~~ v ~ U v`
Kent R. Rose, Mayor
ATTEST:
.:
Pamela A. 3randmeye~n Clerk
~~, ~_
RESOLUTION N0. 43
Series of 1988
A RESOLUTION TO ENDORSE THE MISSION STATEMENT
OF THE EAGLE COUNTY TELEVISION TRANSLATOR COMMITTEE.
WHEREAS, the Town of Vail believes that investigation of the feasibility of a
television translator system for Eagle County is important; and
WHEREAS, the Town of Vail has contributed funds for a portion of the cost of an
engineering feasibility study for a television translator system in Eagle County,
and
WHEREAS, a member of the Vail Town Council serves as one of the representatives
on the Eagle County Television Translator Committee.
NOW, THEREFORE, SE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
The Vail Tawn Council endorses the mission statement of the Eagle County
Television Translator Committee which is to develop a business plan far the
construction and operational funding of a five (5) channel Television Translator
System~to serve a majority of Eagle County residents and businesses.
INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of November, 1988.
"~%iZ~/ / V ` ~ l! Yl
Kent R. Rose, Mayor
ATTEST:
Pamela A. Srandrneyer, Town Clerk
e
t
E.~,GLE. COI.'^1TI' TV TRAI`'SLATOR GOPI~IITTEE
August 'L9, 1988
>`iission Statement.
w~
To de~•elop a business plan for the construction, operation
and tam base funding of a five (51 channel Television
Translsator S~=stem to scree majorit~> of Eagle Count~• residents
and businesses, (I-7U/ Eagle River/ Colorado River Corridors).
Goal. Statements
1. Engineering Feasibility Study
a. obtain money for study (complete)
b. finalize study (December 15, 1988)
.. c . intex•pre tat. ion of study ( January 15 , ].989 )
2. Financial Plan/Funding Sources
a. tax based plan (February 15, 19891
(special districts through inter-governmental
agreements/ ne~~=ly created special suthorit~=/ count~•}
b. financing alternatives such as lease purchase of
capital eq;.ti»ment (]?ebruar}= 15 , 1989 }
3. Organi.zationaZ Str•uct+tre
si. hot. will organi•zfltion ~.roi•1c? ("larch 15. 19891
1.~. determinet.ion of lead agency t contact Pitl;in at~d
' atl~~er cnttnt. ies } t "larch 1 :~ , 1989 }
c . pool in7 of licenses foz~ count= wick' s~-stem
(March 15, 19h9}
d. outside contracts vs .' in house management and
operation (hfarch 15, 1989) w
T\'oLe: Organizational structure and recommended funding
sources .ill be guided by Engineering Feasibility= Study and
Financial Plan.
4. System Construction
a. equipment specifications do bid documents
{April 15, 1989)
b. award construction (installation) contract
{.Tune 1 , 19$9 )
c. construction complete and system operational
(September 1, 1989}
Associates, September 21, 1988.
APPROVED AND ADOPTED THIS 6th DAY OF December , 1988.
-t%~ ~ ~? ~G~~~
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk c
ti • •
RESOLUTION NO. 44
Series of 1988
A RESOLUTION AMENDING THE FORD PARK MASTER PLAN
WHEREAS, the Vail Town Council and Vail Metropolitan
Recreation District believe that the amendments to the Ford
Park Master Plan provide for a more effective way to develop
Ford Park for the benefit of the Vail community; and
WHEREAS, the Vail Town Council and Vail Metropolitan
Recreation District are of the opinion that the Phase I
amendment to utilize the on-site tennis courts with a provision
to add an additional four courts and the Phase II amendment to
locate the aquatic facility on the eastern softball field are
in accordance with effective park design and recreational needs
of the community and efficient expenditure of public funds for
park improvements; and
WHEREAS, the amendments to the Ford Park Master Plan
provide for recreational uses, access, and enjoyment of Ford
Park by citizens and guests of Vail; and
WHEREAS, it is important to the success of the community
to make every effort to maximize the use of the Town of Vail's
recreational facilities and resources.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, AS FOLLOWS:
Section 1.
The Vail Town Council hereby adopts the Phase I and Phase II
amendments to the Ford Park Master Plan as drawn by THK
Associates, September 21, 1988.
APPROVED AND ADOPTED THIS 6th DAY OF December , 1988.
Kent R. Rose, Mayor
ATTEST:
I~~ 1 ~. v1.l~-J
Pamela~A. Brandmeyer, Town Clerk
N0. 45
Series of )i988
A RESOLUTION HONORING LESLEY DAM ES FOR HER
OUTSTANDING ACHIEVEMENT OF BEING THE FIRST WOMAN TO SOLD
FLY A HOT AIR BALLOON OVER THE CONTINENTAL DIVIDE.
WHEREAS, Lesley Davies, through her excellent performance made an
outstanding achievement of being the first woman to solo fly a hot
air balloon over the Continental Divide; and
WHEREAS, Lesley Davies' historic flight originated with her
ascension/lift off from Ford Park in Vail, Colorado; and
WHEREAS, congratulations are due to Lesley Davies for her
achievement as the first woman to solo fly a hot air balloon over the
Continental Divide.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, that:
The Town Council hereby expresses the Town's pride in the
accomplishments of Lesley Davies in her historic solo flight and also
expresses their appreciation and congratulations for her
extraordinary achievement in being the first woman to solo fly a hot
air balloon over the Continental Divide.
INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of
December, 1988.
v ~ ~
Kent R'. Rose, Mayo'
ATTEST:
Pamela A. Brandmeyer, To n Clerk
RESOLUTION NO. 46
Series of 1988
A RESOLUTION APPROVING A SERVICE AGREEMENT BETWEEN
THE TOWN OF UAIL AND THE UAIL METROPOLITAN RECREATION DISTRICT.
WHEREAS, the Town of Uail ("the Tawn"} and the Uail Metropolitan Recreation
District ("the District") have provided and presently provide recreational programs
and services to the inhabitants and guests of the Town; and
WHEREAS, after a long period of discussion and negotiation, it is the desire of
both parties to provide for the provision of all such services by the District; and
WHEREAS, the Town and the District are authorized by the Constitution and the
Statutes of the State of Colorado, including C.R.S. 29-1-203, as amended, to enter
into intergovernmental agreements to govern the provision of such services to the
inhabitants and visitors of the Town; and
WHEREAS, the parties wish to enter into the agreement attached hereto as Exhibit
A and made a part hereof by reference providing for the provision of such
recreational programs and services by the District to the Town, and setting forth
details in regard thereto.
NOW, THEREFORE, BE IT RESOLVED 8Y THE TOWN COUNCIL OF THE TOWN DF UAIL,
COLORADO:
}.. The service agreement between the Tawn and the District attached hereto as
Exhibit A be hereby approved.
2. The Town Manager be hereby authorized to execute said agreement, and a71
employees, officers, and agents of the Town of Vail to take all steps necessary to
put said agreement into effect.
INTRODllCED, READ, APPROVED AND ADOPTED this 2Oth day of December, 1988.
Kent P!. Rose, Mayor
ATTEST:
Pamela A. Branameyer,v Town Cleric
TOWN OF VAILiUAIL METROPOLITAN RECREATION DISTRICT
' AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
1988, by and between the TOWN OF UAIL, COLORAnO, a Colorado municipal corporation,
hereinafter referred to as "the Town," and the UAIL METROPOLITAN RECREATION
DISTRICT, a Colorado quasi-municipa] corporation, hereinafter referred to as "the
District".
WHEREAS, the Town and the District provide recreational programs and services to
the inhabitants and guests of the Town; and
WHEREAS, it is the desire of both parties to provide far the provision of all
such services by the District; and
WHEREAS, the Town and the District are authorized by the Constitution and
Statutes of the State of Colorado, including C.R.S. 29-1-203, as amended, to enter
into governmental agreements to govern the provision of such services to the
inhabitants and visitors of the Town.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties hereto agree as follows;
I. PEfRPOSE
It is the general purpose of this Agreement to transfer the management and
provision of all recreational services for the inhabitants and visitors of the Town
of Uail to the District. It is intended that such a transfer shall be financially
neutral to the Town and that all financial benefits and costs viii accrue to the
District.
2. SERVICES TO 8E PROVIDED BY THE DISTRICT
The District shall provide to the Town recreational programs and services.
Such services and programs shall be of high quality and shall be of sufficient
diversity and scope to meet the recreational needs of the inhabitants of the Town
and the visitors thereto.
3. REAL PROPERTY AND IMPROVEMENTS THEREON
A. The Town grants the District a license to use the following real
estate, and improvements thereon set forth below and more particularly described in
Exhibit A attached hereto (the Premises):
i) John Dobson Ice Arena and Environs
ii) Upper Floor of the Old Town Shop, except the Police Weight Room
iii} Youth Center
iv) Nature Center
v} Upper Bench of Ford Park
vi) Public Tennis Courts
vii) Athletic Field
subject to the following terms and conditions:
1) Use of Premises
The premises sha17 be primarily used for recreation programs and
services except as otherwise provided for herein. The district shall permit the
Town to use the Upper Bench of Ford Park for skier parking during the ski season.
The Town, at its sole cost, shall repair any damage to the Park caused by such
parking.
2) Utilities
The District sha71 pay all charges for gas, electricity, light,
heat, power, and telephone, or other communications services used, rendered, or
supplied upon or in connection with said premises and shall indemnify the Town
against any liability ar damages on account of such charges.
-2-
3) Access to the Premises
The Town and its agents shall have the right to enter in or on
the premises to examine them, to make and perform such alterations, improvements, or
additions that the Town may deem necessary or desirable for the safety, improvement,
or preservation of the premises.
4) Alterations b.v the District
The District shall make no alterations, additions, or
improvements in or to the premises without the Town's prior written consent. All
such work shall be performed in a good and workmanlike manner, and a17 alterations,
additions, or improvements upon the premises shall, unless otherwise agreed at the
time the Town's consent is obtained or unless the Town requests removal thereof,
become the property of the Town.
5) Maintenance and Repairs
The District shall take good care of the premises and the
fixtures and improvements therein including without limitation, any storefront
doors, p7ateglass windows, heating and air conditioning systems, plumbing, pipes,
electrical wiring and conduits, and at its sole cost and expense perform maintenance
and make repairs, restorations, or replacements as and when needed to preserve them
in good working order and first class condition. The District's obligation for
repair and replacement shall include all interior, exterior, nonstructural, ordinary
and extraordinary, unforeseen and foreseen repair, snow removal, and rubbish
removal, landscaping and lawn care. The Tawn shall replace all plumbing facilities
and equipment installed for the general supply of hot and cold water, heat, air
conditioning, and electricity when such replacement is necessary to keep the
property and improvements functioning properly, when the cost of the replacement
thereof exceeds five thousand dollars {$5,000). The repair, maintenance and
replacement of the refrigeration system for the ice surface in the Dobson Ice Arena
-3-
shall be the sole responsibility and cost of the District. The Town shall not be
responsible far the replacement of any equipment damaged by the willful acts or
negligence of the District. The District shall develop a maintenance schedule for
each respective improvement used pursuant to this Agreement, which schedule shall be
subject to the approval of the Town. The District shall keep a log setting forth
actual maintenance performed at the Dobson Ice Arena. The log shall be kept in the
same manner as presently maintained by the Town prior to the effective date hereof.
6) Assignment
This license shall be non-assignable and the District shall not
mortgage, hypothecate, or encumber any of the facilities set forth herein without
the prior written consent of the Town in each instance.
7} Damage to or Destruction of Premises
If any of the licensed premises are damaged by fire or other
cause so that they may not be used for the purpose which they were intended and the
repair or replacement of such premises shall require substantial cost, the Town may
elect not to repair such damage and this license shall automatically terminate as it
relates to said damaged or destroyed premises effective as of the giving of notice
by the Town of such election.
8) In.7ury to Person or Property
a) The District covenants and agrees that the Town, its agents,
servants and employees shall not at any time or to any extent whatsoever be liable,
responsible or in any way accountable for any loss, injury, death or damage to
persons or property or otherwise which at any time may arise in connection with the
premises or be suffered ar sustained by the District, its agents, servants or
employees, or by any other person rightfully on the premises for any purpose
whatsoever, whether such loss, injury, death or damage shall be caused by or in any
way result from or arise out of any act, omission or negligence of the District, its
-4-
agents, servants or employees or of any occupant, subtenant, visitor or user of any
portion of the premises, or shall result from or be caused by any interference with
or obstruction of deliveries to the premises by any person or by the lass or
destruction by any person of furniture, inventory, valuables, files or any other
property kept or stared on or about the premises or by any other matter or thing
unless resulting solely from the negligence or willful misconduct of the Town, its
agents, servants or employees. The District shall forever indemnify, defend, hold
and save the Town free and harmless of, from and against any and all demands,
claims, causes of action, liabilities, losses, damages or judgments on account of
any of the foregoing provided that this indemnity shall not extend to damages
resulting solely fram the negligence or willful misconduct of the Town, its agents,
servants or employees. The foregoing obligation to indemnify shall include
indemnification to the Town for all costs, expenses and liabilities (including, but
not limited to, attorneys fees) incurred by the Town in investigating and defending
any of the matters covered hereby.
b} The Town, its agents, servants and employees shall not be
liable for injury, death ar damage which may be sustained by the improvements,
betterments, persons, goods, wares, merchandise or property of the District, its
agents, servants, employees, invitees or customers or any other person in ar about
the premises caused by or resulting from fire, explosion, falling plaster, steam,
electricity, gas, water, rain ar snow, leak or flow of water, rain, or snow from or
into part of the building or from the roof, street, subsurface or from any other
place or by dampness of fram the breakage, leakage, obstruction or other defects of
the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting
fixtures of the building or the premises.
-5-
9) End of Term
Upon the expiration or other termination of this Agreement, the
District shall promptly quit and surrender to the Town the premises in goad order
and first class condition, ordinary wear excepted. The District sha]1 remove such
alterations, additions, improvements, fixtures, equipment, and furniture as the Town
shall require.
10) Compliance with All Laws and Reaulations
The District agrees not tv use or permit the premises to be used
for any purpose or in any fashion prohibited by the laws of the United States, or
the State of Colorado, or the ordinances or regulations of the Town of Vail
including the Town's no smoking ordinance, Ordinance No. 11, Series of 1988.
B. In addition to the recreational premises set forth in this Agreement,
the Town further grants a license to the District to utilize the offices they are
presently utilizing at the time of the signing of this Agreement in the Uail Public
Library for continued use as office space only, subject to the terms and conditions
set forth in Section 3A hereof, except that the District shall not pay utility costs
for said offices which costs shall be the responsibility of the Town. The Town
further grants the District the right to utilize ten (10) parking spaces on the land
commonly known as the Mud Lvt. The right to use said parking spaces may be
terminated by the Town upon the giving of thirty (30) days written notice of such
termination to the District.
C. The Town currently leases from third parties the following premises
for recreational purposes:
a) Red Sandstone Gym
b) Potpourri Day Camp
The Town shall attempt to assign said leases to the District subject
to any restriction on assignment contained in said leases.
-s-
Q. EQUIPMENT
A. The Town hereby transfers to the District for its use during the term
hereof the personal property, equipment, and vehicles set forth in Exhibit B hereof.
B. Except as otherwise provided far herein, the District shall furnish
and supply all necessary labor, supervision, equipment, motor vehicles, office
space, operating and office supplies necessary to provide the Town with the services
contemplated hereunder. All equipment and vehicle maintenance costs steal] be the
sole responsibility of the District.
5. SERVICES PROVIDED BY THE TOWN
The Town shall provide the District with financial and computer services as
set forth in Exhibit C attached hereto and made a part hereof by reference. In
addition, the Town shall provide the District with planning services subject to such
control and provisions as the Town deems appropriate. The District steal] pay no
charge for ordinary ongoing day-to-day planning services, but for services which the
Town in its sole discretion deems extraordinary, the District shall pay a rate as
shall be agreed upon by the parties on a case by case basis. Throughout the term of
this Agreement the Town shall have the right to use the Apple computer located in
the District office on the date of execution hereof or any replacement or substitute
therefor, at all reasonable times.
6. HEALTH INSURANCE
The District shall be liable for eleven and one-half percent (11.5%) of
accrued liabilities of the Town`s health insurance plan existing on December 31,
1987 based on the number of eligible District and Town employees as a percentage of
the plan's total eligible employees.
7. CONTROL OE THE JOHN DOBSON IGE ARENA
The parties understand the John Dobson Ice Arena is a multi-use facility
utilized for both recreation and other purposes by the Town, and further understand
_~_
the Arena is subject to certain terms and conditions contained in a Deed of Gift
between the Town and the Websters, a copy of which is attached to this Agreement as
Exhibit D. The District agrees not to violate any of the terms and conditions of
said Deed of Gift during the term hereof. The District's use of the Arena pursuant
to this Agreement shall be subject to all outstanding agreements between the Town
and third parties far or relating to the use of the Arena. The District agrees that
during the term hereof the District shall allow the following organizations the
right to use the Arena free of charge. The District shall allow other nonprofit
corporations_which are located in the Upper Gore Valley to use the Arena for events
that provide a social or cultural benefit to the Town for a fee equal to the casts
and expense of staging the event.
- Battle Mountain High School for graduation ceremonies
The District agrees to use its best efforts to maximize the use of the
Arena for conventions, meetings, conferences, concerts, and other income producing
events during the period it is not required to use the Arena for ice skating by the
Deed of Gift. During the term of this Agreement, the Town shall have the right to
use the Dobson Ice Arena for a total of thirty (30) days during each year of the
term hereof for whatever purposes it deems appropriate upon the giving of thirty
(30) days written notice of such use to the District. The Town may exercise twenty
(20) of said days between March ].5 and December 15, and ten (10) of said days
between December 1.5 and March 15. The Town shall be responsible and shall have the
right to negotiate all terms and conditions of any activity or event the Town wishes
to use the Arena for during said thirty (3Q) days. The District shall be entitled
to receive the gross receipts or rent produced by any such event less all expenses
and casts thereof.
If the Town makes a good faith decision at a public meeting that the
welfare of the Town and its inhabitants requires that the Dobson Arena be utilized
-a-
entirely for purposes other than recreation, it shall give notice thereof to the
District. The District shall have ninety (90} days from the giving of such notice
to vacate the premises in accordance with the provisions set forth in paragraph
3A(9} hereof.
8. RECREATION PLAN
During the month of February, 1989, at a regular or special meeting of the
Town Council of the Town of Uai7, and during each subsequent February during the
term of this Agreement, the District shall present a recreation plan to the Town
Council detailing the District's fees, budget, plans and programs for the
forthcoming year. The Town Council shall be given the appartunity to critique the
plan and suggest changes in the plan to the District. The District shall give due
consideration to all requests of the Town regarding the plan. The District shall
base its recreational program for the forthcoming year on said plan.
9. FINANGIA~ CONTRIBDTIONS
The Town shall contribute to the District the sum of five hundred
twenty-two thousand thirty-three dollars ($522,033) as set forth in Exhibit E hereof
for each year during the term of this Agreement to be used by the District
exclusively for the provision and development of recreational services, programs,
and facilities to the Town. If the Coors Classic is not held within the Town and if
the District does not provide Fourth of July youth programs during any year hereof,
the contribution of the Town shall be reduced accordingly. This contribution shall
be made to the District for each year during the term hereof as follows:
A. January - 4%
B. February - 2~
C. March - 15~
D. April - 6~
E. May - 6~
-g-
F. June - 5%
G. July - 15%
H. August - 14%
I. September - 10%
J. October - 10%
K. November - 6%
L. December - 6%
No later than two (2) years from the date hereof the District will hold an
election and submit a mill levy increase to the authorized voters of the District.
The mill levy increase shall be sufficient to increase the District`s annual tax
revenues in an amount equal to the Town's annual contribution provided for in this
paragraph. 5houid the mill levy increase be approved, the Town shall take all steps
necessary to reduce its mill levy so its tax revenues are reduced by an amount
equivalent to the District's increase.
in any year during the term hereof in which the Town decreases its general
fund expenditure budget subsequent to January 1 of any fiscal year, the Town's
contribution to the District shall be proportionately reduced.
In any year in which the Town reduces its budget by decreasing its general
fund expenditures five percent (5%) or greater than the expenditures in the previous
year's budget due to a fiscal emergency occasioned by severely reduced sales tax
revenues or extraordinary expenditures, the Town`s contribution to the District
shall be proportionately reduced.
ZO. GOLF, TENNIS, AND SKATING PASSES
The Town will be charged by the District at the residential rate in effect
at the time for each time a Town employee plays golf or tennis. However, the Town
shall not be charged a total amount for any employee in excess of the respective
-10-
cost then in effect for a resident golf or tennis pass. The District shall provide
skating passes for Town employees at na cost.
11. DEBT
The Town shall be solely responsible for all debt related to recreation
facilities owned by the Town existing on the effective date of this Agreement. All
financing far recreational purposes occurring subsequent to the effective date of
this Agreement shall be agreed upon by the Town and the District on a case by case
basis.
12. DISTRIDT BO~JNDARIES
The District and the Town will use their best efforts to take whatever
steps are necessary to make the boundaries of the District and the Town coterminous.
13. PERSaNNEf~
The Town and the District and their respective officers, agents, and
employees shall fully cooperate sa as to facilitate the performance of this
Agreement. The provision of recreational services and programs as contemplated in
this Agreement, the hiring, firing, and discipline of District employees shall be
the responsibility of the District. No person employed by the District, in
accordance with this Agreement, shall have any right to Town benefits including
health insurance and pension. The District, however, may invest pension funds with
the Town subject to such conditions as may be established by the Town and permitted
by law. The Town shall not be liable for the payment of any salaries, wages, or
other compensation to any District personnel performing recreation services pursuant
to this Agreement, .nor.f.ar..arty obligation of the District other than provided for
herein. Nothing herein shall obligate the Town to be liable for the injury or
sickness of any District employee arising out of his/her employment.
-11-
f4. LIABILITY AND INSURANCE
A. The Town, its officers, and employees shall not be deemed to assume
any liability for the intentional or negligent acts, errors, or omissions of the
District or of any officer, agent, or employee thereof. Likewise, the District, its
officers, and employees shall not be deemed to assume any liability for the
intentional or negligent acts, errors, or omissions of the Town or of any officer or
employee thereof.
B. The District agrees to indemnify, defend, and hold harmless, to the
extent a7~owed by law, the Town, its respective agents, officers, servants, and
employees of and from any and all loss, costs, damage, injury, liability, claims,
liens, demands, action, and causes of action whatsoever, arising out of or related
to the District's intentional or negligent acts, errors, or omissions, or that of
its agents, officers, servants, and employees, whether contractual or otherwise.
Likewise, the Town agrees to indemnify, defend, and hold harmless, to the extent
allowed by law, the District, its respective agents, officers, servants, and
employees of and from any and all loss, costs, damage, injury, liability, claims,
liens, demands, action, and causes of action whatsoever, arising out of or related
to the Town's intentional or negligent acts, errors, or omissions, or that of its
agents, officers, servants, and employees, whether contractual or otherwise.
C. The District and the Town shall respectively provide their own public
liability, property damage, and errors and Omissions insurance policies sufficient
to ensure against all liability, claims, and demands or any other potential
liability arising from this Agreement. Further, the District and the Town,
respectively, shall name, subject to the approval of each respective party's
insurance carriers, the other respective party as a coinsured under such insurance
policies and to the extent of any potential liability arising under this Agreement
and, upon reasonable written request, shall furnish evidence of the same to the
-12-
other respective party. In any event, each party respectively shall procure and
maintain the minimum in insurance coverages listed below. All coverages shall be
continuously maintained to cover all liability claims, demands, and obligations
assumed by the parties hereto. In the case of any claims-made policy, the necessary
retroactive dates and extended reporting periods shall be procured to maintain such
continuous coverage.
a} Workman's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract.
b) General Liability insurance with minimum combined single limits
of one million dollars ($1,000,000) each occurrence and one million dollars
($1,000,000) aggregate. The policy shall be applicable to all premises and
operations and shall include coverage for bodily injury, broad form property damage,
personal injury, blanket contractual, products, and completed operations.
c} Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not less than one
million dollars ($1,000,000) each occurrence and one million dollars {$1,000,000)
aggregate with respect to each of the parties owned, hired or non-owned vehicles
used in the performance of services hereunder.
d) Errors and Omissions insurance with minimum limits of one million
dollars ($1,000,000} each claim and one mi]lion dollars ($1,000,000) aggregate.
e} If the District obtains a liquor license to serve wine, beer, or
intoxicating liquors, it shad obtain liquor liability insurance with limits of one
million dollars ($1,000,000) each claim and one million dollars {$1,000,000) in the
aggregate.
-13-
Failure of either party hereto to maintain policies providing the
required coverages shall constitute a material breach of this contract, upon which
the non-breaching party may immediately terminate this Agreement.
15. EFFECTIVE DATE
This Agreement shah become effective on the first day of January, 1989.
16. TERMINATION
A. Unless sooner terminated as provided for herein, this Agreement shall
terminate on December 31, 1993. Nothing contained herein shad be deemed to prevent
or estop the Town during the term of this Agreement from taking action to dissolve
the District pursuant to Section 32-1-701 C.R.S., as amended.
B. Upon termination of this Agreement as set forth herein, the District's
license to use Town real property and all improvements thereon shall cease as
provided for in paragraph 3A(9) hereof. In addition, the District shall convey to
the Town all equipment, vehicles, and personal property set forth on Exhibit B which
had been previously transferred to the District. In the event that any such
equipment, property, or vehicles had been replaced by the District, the District
shall convey to the Tawn such replacement.
17. MISCELLANEOUS PROVISIONS
A. No modification or waiver of this Agreement or of any covenant,
condition, or provision herein contained shad be valid unless in writing and duly
executed by the party to be charged therewith.
B. This written Agreement embodies the whole Agreement between the
parties hereto and there are no inducements, promises, terms, conditions, or
obligations made or entered into either by the Town or the District other than those
contained herein.
C. This Agreement shall be binding upon the respective parties, their
successors or assigns.
-14-
D. All agreements and covenants herein are severable, and in the event
that any of them shall be held invalid by a court of competent jurisdiction, this
Agreement shall be interpreted as if such invalid agreement or covenant were not
contained herein.
E. The District and the Town have represented to each other that each
possesses the legal ability to enter into this Agreement. In the event that a court
of competent jurisdiction determines that either of the parties did not possess the
legal ability to enter into this Agreement, this Agreement shall be considered null
and void as of the date of such court determination.
F. Any notices to be sent to the parties pursuant to the terms of this
Agreement shall be mailed to the following addresses:
Town Manager
Town of Vail
75 South Frontage Road
Vail, CO 81657
Chairman
Vail Metropolitan Recreation District
292 West Meadow Drive
Vail, CO 81657
G. This Agreement shall not be deemed to confer or grant to any third
party any right to claim damages or bring any legal action or claim against either
the District or the Town because of any breach hereof or of any covenant, condition,
or provision contained herein.
IN WITNESS WHEREOF, the Town and the District have executed this lease as of the
date first set forth above.
TOWN OF VAIL, a Colorado municipal
corporation
VAIL METROPOLITAN RECREATION
DISTRICT, a Colorado
quasi-governmental corporation
By:
Rondall V. Phillips, Town Manager
By:
Timothy R. Garton, Chairman
-15-
EXHIBIT C
FINANCIAL/COMPUTER SRRVTCES THE TOWN WILL PROVIDE FOR VMRD FOR A
FEE
PURCHASING AND CASH DISBURSEMENTS
Input Claims
Print Checks
Prepare Hand Checks
Prepare Checks for Signing
Review Checks and Backup
Mail Checks
File Checks and Stamp Paid
PAYROLL
Master File Updates
Print and Distribute Time Sheets
Time Sheet Preparation
Input Time
Verify Batch Totals
Input Voids and Handwrites
Run a Trial Register and Verify
Print and Sign Checks
Run Reports
Maintain Payroll Personnel Files
Process Payroll Advances
Quarterly Reports
Preparation of W-2's
CASH RECEIPTS
Review Daily Sheets and General Ledger Posting
Ice Arena
General Recreation
Nature Center
Tennis Courts
Golf Deposits
Make the Bank Deposits {For Recreation and Ice Arena)
Pick up money at Ice Arena and Recreation Department Daily
Monday-Friday
CASH MANAGEMENT
Track Interest Income
Reconcile Bank Accounts
EXHIBIT C = --
PAGE 2 • -._-- -- -~
~CQMPUTER . _ _- -- --- - - - - -- - - .. ..- _- -. - -._ - - ~-
Provide Necessary Computer Time
Daily Backups (Mainframe only)
Upgrades to Financial Software including GL, APfPO, CC, PR,
AR, FA
System Maintenance
Query into Accounts Payable, Accounts Receivable, and General
Ledger, Payroll/Personnel and Fixed Asset Software
:- Programs
OTHER
Reconcile any Hotel and Convention Advance Deposits
Prepare Sales Tax Return
Reconcile other General Ledger Accounts
Review Month End General Ledger
Maintain Fixed Asset Ledger as information is provided by
. VMRD -
Invoice Misce~,ianeous Charges
TOWN OF VAIL FEE
Tatal_1989 fee for these services will be $33,375. The Town
will bill VMItD in equal monthly installments of $2,781.25.
VMRD is~to let the Town know on an annual basis, by mid-July,
what financial/computer tasks they want the Town to provide
for the next year. The Town will then provide VMRD the next
years, cost for those services.
FINANCIAL/COMPUTER SERVICES VMRD WILL PERFORM FOR THEMSELVES
CASH RECEIPTS
Receigt Cash Through the Register
~lose~-th_e_Register..and Prepare.Daily Cash Sheet
Collect Bad Checks _~and_ Bad Debts . , . ~_ _ _
PURCHASING CASH DISBURSEMENTS
Purchase Order Preparation
Print Purchase Orders and Distribute
Distribute Mail
Obtain Purchase Order Authorization
Vouch the Invoices '
Reconcile Monthly Vendor Statements
Sign Checks
EXHIBIT C
PAGE 3
PAYROLL
Payroll Audit per FLSA
COMPUTER
P.C. Repairs: and: Maintenance _ _
Software Maintenance on Parks and Recreation Programs and
Requested Upgrades
PURCHASE OF FORMS
VMRD is responsible for the procurement and payment of their
own payroll and accounts payable checks, time sheets,
computer-paper and any other_necessary forms.
ONGOING FINANCIAL/COMPUTER RELATED SERVICES TOV WILL PROVIDE FOR
AN ADDITIONAL FEE '
Financial/computer related services not included in standard
fee to VMRD but the Tawn will provide upon request for a fee
of $30 per hour, adjusted annually.
Meeting Attendance _
Financial Planning _
~udget_ Control ,. _ - - - „ _ : _ - - - _ ..... _ ._ _ . ._ -.. . .
Preparation, of Month-end~Treasurer!s Report -
Contract Administration '
Preparation of Annual Budget
Audit Preparation
T_~'_~~Financial and Computer Training
Cash ~ Flow Projections - - ~ ---- - "~- ' ' --~
Document, Design and Maintain Accounting Systems for Good
Internal Control
Maintain Cash Ledger -
iDY~st~ExcessrCash _-- _ _ ~ ~ ~_:- . _ _ _ . ~.. -
EXHIBIT C
PAGE 4
ONE-TIME SERVICES AND PURCHASES
The Town will perform these one-time services for VMRD at an
hourly rate of $20 plus any direct equipment or service costs.
Set up New Accounts with Budget History (1987-1988) Data
Transfer Employee Master File Information to VMRD
Fixed Asset Input ,and Reconciliation for VMRD Assets (prior
to January 1, 1989) ~ ~ -
Set up Independent Cash Receipting System
Dot Matrix Printer (estimated cost $4,000-$7,000)
Pension Plan Document and Trust Agreement
Modifications to Quarterly Benefit Statement and Reports
Personnel Systems and Processes
OTHER - ~ . " _ ~ - - ;.. ~ . _ . -. _ ._ ' :.
VMRD will maintain a printer at the recreation offices to:
Print Purchase Orders -"_ _, - __.__.___ _ _ ..
Print Financial Reports
Print Daily Cash Reports_ ,
VMRD is responsible far all their own procurement oi' supplies
and materials.
The pay phones in the Ice Arena and the Teen Center shall
continue to exist with the Town per its multi-year agreement
with U.S'. Transcommunicatians, Inc. U.S. West pay phones
shall-remain the responsibility of recreation.
If. the Town performs VMRD's financial services as described
Herein, ~ then VMRD agrees . to bank at the same bank as the
Town. -The Town and VMRD may contract together for banking
services in order tv maximize savings.
The Town shall notify the District Manager in a timely manner
of~any violations of policies or procedures established by
~he~~District. The Town Controller shall be notified if any
changes are made to policies and procedures established by
the District.
The Town's accounting staff shall not be held liable far
errors and irregularities that may occur if they acted
prudently and in conformance with the District's written
accounting policies and procedures, or if the District has
not provided for written accounting policies and procedures.
EXHIBIT C
PAGE 5
VNgtD shall set up separate accounts with vendors and notify
them that all invoices and statements be mailed directly to
VMRD's past office box.
4• .. ~ ... ..,
_ O y ~ ~ Y
Estimate of Costs to Provide Accounting Services far the
Proposed Vail Metrop,alitan Recreation District
CDHP TOTAL BILL FATE DOLLAR
AF'~LICAT IDty VMRD CCMr^ HD'sR"a HR5 P"cr EMir AM~:i:~~tiT
TASf;5 TA5f:5 RQD PEF MD. PE4 Mn, PEP HDllr^, PER MD.
Purchasing and Cash ,
Disbursements:
P.Q. preparation
Print P.D.s & distribute
Distribute mail
Obtain authc+rizatian
Vouch the 1nV41ce
Reconcile ma. stmt5
Input claims
Write che~_fa
Hand checks
Prepare chks far sig
Sign che~_€:s
Review ci~ks °~ bac€.up
Mail chks
Pile checks °~ stamp paid
PayraIl:
Master file updates
Print L. distribute time
sheets
Time sheet prep
Input time
Verify batch totals
Input voids and handwrites
Run atrial register verify
Print & sign checks
Run reports
Misc duties iMaintain personnel files)
Process advances
Quarterly reports
Prepare W-2's
12/13/88
AVE~;A~sE
Afv?~I;AL RILL FATE
FATE PEF NDUk
x x 18
x x 5
x
x
x
x 32 X2.40 313. b0 3416.64
x 1 1.04 513.00 313.40
x 10 14.04 513.44 314.44
2.44 $11.04 322.b6
x
4,ctt~ $22.75 591.04
4.44 311.44 $44.40
4,44 $11.40 $44.44
66 57,~~4 Si64.b6 59,12b.44 313.33
x 3 3.54 515.25 .355.88
x 4 3.50 311.06 338.54
x 7 1.44 311.04 513.:.44
x 1 7.46 315.46 391.44
x 2 1.54 516.25 524.,3
x 1 1.50 316.25 324.38
x 1 3.64 311.04 5,3.44
x 1 3.40 313.46 339.66
x 3 2.40 311.44 322.06
x 5.64 31fi.?5 381.25
x 2.56 31fi.?5 $Y4.fi3
x 3125.04
x
------ 3114.46
23 ---------
44.54 - ---------
358^a.Ob
36,936,46 313.10
Estimate of Costs to Provide Accounting Services for the
Proposed Vail Metrapalita.n Recreation District
COMP TOTAL FILL PATE DOLLAR AVEF'AGE
AF'PLiCATION VMRD COMP HO1JR5 fiRS PER EMP AMOtfNT Ai~hlUAL B1LL RATE
TA5k.5 TA5};S RED FEP, MO. PER' Ma. FER HOJR FcR lid, RATE PER HOUR
Cash receipts:
P,eceipt cash thru the register
Close the repister and
prepare daily sheet
Collect bad checks
P.eview daily sheets °~ past G.L.
Ice arena
Gen Rec
Nature center
Tennis courts
Golf deposits
Pict; up daily cash Ice °{ Rec
Ma};e the danl; depr~sit Ice & Rec
Cash management:
Track interest income
P.ecan~_ile han1:: a~~tts
Review hank rec's
Other accounting activities
reconcile hotel advance deposits
Invoice mile charges
Prepare sales tax return
Reconcile other G.L. accts
Financial repsrts
Review general ledger
Maintain fixed asset records
Tat al computer hours 161
Total computer maintenance i% of Actual Cults)
Pension administration ('/. of Actual Casts)
VMACF'ROl
x 44
x
x
x B 15.04
x 9 5.04
x 3 3.00
x ~ 3.75
x 5 5.50
5.54
20,40
------
6$ ---------
57.75
1.40
f+~l
0 =0
• V
5.50
0.54
1.50
1.00
2.04
x 2 1.00
1.50
x 2 2.00
4 9.54
511.00 51b5.00
~ll.40 555.04
$11.04 $33.44
511.00 541.25
$11.44 560,50
511.04 360.50
313.04 3~b0,+)0
6'S.?5 3B,i03.00 311.b9
513.04 313.00
31w.00 35"Z. tin
322.75 311.39
76,39
3916,50 313.93
316.'5 $8.13
$16.25 324.3B
316,25 31b.25
316.25 $2,50
311,00 311.00
5"?2.75 334,13
513.04 3:5.00
3152.38 3i,B2B.50 316.04
51.7a` 32Bf.75 $3,381,40
5204.00 32,44C-,00
$395.04
3s.;, x75.40
RECGOMI
EXHIBIT E
Detail of TOV Payment to VMRD
for Provision of Recreation Services
ITEM
PAYMENT
AMOUNT
--------------~__-_-----------------
TOV Recreation Subsidy -~-------W-
476,383
Office Support Expenses 5,850
Unemployment Insurance Costs 2,500
Personal Computer Repair & Maint. 500
Software Maintenance 788
Coors Classic 14,100
4th of 3uly Youth Event 8,000
Current VMRD Management Fees (29,234)
New VMRD Management Fees 33,375
Zamboni Replacement 3,196 ~
Refridgeration Equip. Replacement 5,700
Parking Passes 1,200
TOV Payment to VMRD 522,358
~ This amount will be supplemented by a
one-time payment of $7,500 for the Zamboni
and $12,000 for the refridgeration equipment.
x ~ ~ EXHIBI ~ l
r..~ ...
DEED OF GIFT
• AN15 AGREEt~iENT
P-
THIS AGREEd~iENT made this ~~ day of lvfd ~ •
•'. •1976 b 'and between the TOWN OF VAIL;•~a Colorado municipal
Y
_~
corporation, and ELIZABETH M. j~TEBSTER. •. -
• ~~THEREAS, Mrs. Elizabeth M. Webster has offered to
make a gift to the Town of Vail of stock presently held by .
her in McGraw-Hill, Inc. for the purpose of enabling the Town
•to build a regulation size ice rink; and :. _ ~ •
' ~ti'HEREAS, the Town has long felt the need for such
a facility .and has accepted by Resolution No: 4, Series of .•
1976, • the gift offered by 'Nirs. Webster; ~ •
NOW, THEREFORE, in consideration of the recitals,'
mutual promises and agreements herein contained,. the parties
agree as folloc+'s: •,~ ~ ~ '
(1} Mrs. Elizabeth M. t~Tebster hereby agrees to
transfer as a gift to the Towr-~ o` Vail sufficient sto:.3: in
ticGraw-Hill, Inc. having a value equal to the cost of~purchase
and installation of the following;
.. ~ (a) A complete, installed Holmsten Rinkma~ter
Direct Liquid Refrigeration ICE RINK including all
refrigeration and mechanical equipment necessary
for the making of ice fora regulation size ice
rink;
(b) The boards, dasher shields. and hockey
goals surrounding the rink but not including
benches+or other enclosures;
' (e} Restroo:n and changing facilities;
(d) Public address and music system;
- .r. ~;.
.._ ~ (e) First .aid station; ~. •: • • ~ :z:• . ': ~` .
i dr equivalent; '.,~- ;:, '..:~.'. "?.ti:
. _ ..~,• ' . '. .. • . • .. -_ • . •(g) ..Site preparation, ~ costs •and expens ., . ~:~~<: ~~, :~.
.. ~ :.. .. ~{ • _ ; ,. ~ ~ ~ ~ ~ t -five Thousand •~:~ ~'~ _~" .
'~ d to cost not over Twen y .;,
.:'.. Dollars ($25,000.00}. - - •. ' . ; .~'-,~''',
- •r.
~~ ~ /''
L _.
AGREEr1ENT
Page 2
• {h) Incidental travel or investigation '
expenses that may be incurred by Town officials,
staff, or advisors for the selection of a con-
. tractor, design of the rink, or a portion or all
of the facility expected to cost not over Five
• Thousand Dollars ($5,800). •
. {2) fihe gift shall not exceed stock having a •value of
r
Three Aundred Fifty-Five Thousand Dollars ($355,000). .
• i3} The above specifie3 gift shall be. made in •faur .
installments, commencing on May 11, 1g75, with the remaining
three installments to be made at mutually convenient times, expect
to be completed prior to December 31, 1976. The first install-
ment of the gift shall be &000 shares being transferred on or
before riay 11, 1976. '
(4) The Tawn of Vail states that it is its intention
to place the ice rink on that parcel of property within the
Town known as Site 24. The Town intends that if it decides
to enclose the ice rink within a structure or building in the
future, such enclosed facility will be available for ice
related activities at Least ?5~~of the time it is open. ThE
Town also intends to provide sufficient staff and advisory
services to provide a quality facility that will be an asset
to the corm~-nunity. The Town further intends.
(a) To provide grading, utility relocation
or replacement, and other site preparation that rtay
be necessary far the construction of the ice rink;
(b) To pro:~ptly take all necessary steps
to select a contractor and other services so that
the ice rink rlay be substantially co*~pleted by
December 31, X376,
.-
~ ..~
. ~._ . •
AGRE ;~T ~ ~ - Page 3
tcl To keep Elizabeth M. Webster and r'
her family fully informed as to progress that.
is being made toward planning an3 completion
of the facility.
(d) To the extent feasible, to keep
the identity of Elizabeth M. T~Iebster,as donor,
confidential. •
EXECUTED on the day and year first above ~' .
- ~ written.
' ~ ELIZABETH M. WEBSTER
State of JIl~,J c~'l~Sell ) •
county of ~-e.rC~2 ! } ss: •
Subscribed and scaorn to by Elizabeth M. S:ebster
_ this 4~- day of iday, 197b.
Notary Public
.--
• N07ARY pU~.1~ OF RrLY JERSEY
r•Sy COIrw'Tt1SSlOn expires: $~ Ccmnis~isn Eisirti Ha~tm~et B, 1478
• ACCEPTED
TOZ•7~T OF VAIL, COLORADO,
A Colorado municipal corporation
y•
• ~ .J J J ~
A~'TEST:
Town Clerk ~ `~~
~ C `~
f ~ ~ ..