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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 fN`~ 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 ($25,000,000) in tax exempt bonds. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, as follows: The Town Council hereby expresses its support far H.R. 3561 and requests that members of the Colorado Congressional Delegation join Congressman William F. Klinger in supporting this legislation. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1988. Kent R. Rose, Mayor ATTEST: Pamela R. Brandmeyer, Town Clerk ~~ ,i ~~~ ~`+ .__. f r..._. f ~ +~. 1 RESOLUTION NO. 3 Series of 1988 A RESOLUTION SETTING THE DATE FOR A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO 7HE VOTERS FOR THEIR APPROVAL QR DISAPPROVAL, ORDINANCE NO. 39, SERIES OF 1987, AN ORDINANCE REPEALING AND REENACTING CHAPTER 5.04 ANNl1AL BUSINESS LICENSE. WHEREAS, a referendum petition has been filed with the Tawn Clerk of the Town of Vail, Colorado demanding that the Town Council reconsider Ordinance No. 39, Series of 1987 pursuant to Article 5 Initiative and Referendum of the Municipal Charter of the Town of Uai7; and WHEREAS, said petition has been certified as sufficient by the Municipal Clerk of the Town of Vai]; and WHEREAS, the Town Council reconsidered Ordinance No. 39, Series of 1987, at the regular meeting of the Town Council of the Town of Vail held an January 19, 1988; and WHEREAS, upon such reconsideration, the Council failed to repeal the Ordinance sa reconsidered; and WHEREAS, pursuant to Section 5.6 of the Charter of the Town of Vail, Colorado, said Ordinance must be submitted to the voters of the Town at an election to be he]d not less than thirty (30j days nor later than ninety {9Oj days from the date of the final Council vote on the reconsideration of the Ordinance; and WHEREAS, no regular Town election is to be held within said period and therefore the Council must provide for a special election. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. A special election is hereby set for February 23 198$ 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: , ~.Y ~~J Pamela A. 8randmeyer, Tavin Clerk _2_ D~ uai~4~~~~ ~ ~ ~ C] ,U ~ ~~~~~o`~ ~ ~ ~ ~ ~~ ttl ~~ ~ .~~ ~~~ ~~, t ~ ~ ~ ~C~~~ ~ ~ c '~ v~`ay~ $ g v ~' ~ ~ tam~i c~ ~ ~ ~ u ~ ~ _ ~a ~~cj ~~~ ~° ~ ~ ~ r.7 H C U-~ ~ ~~ C' n~ ~ ~ ~~~~ow~?~~ o ~ $LC~m~C= ~ ~ ~ C L~~~c~C~~Q~~ ~ V V ~- (y.o U ~~i ~ a ~ d O o I o ~ ~~ o ~ v r' ~ r ..~~ Kent R. Rose, Mayor ATTEST: g ; + ~ .~~~~`~ Toyvn C1 erk ___._Pamela A. Brar,dmeyer, • ~ • 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 v ,. [ 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. -__. 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 ~i 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. ~ .~ Kent R. Rose, Mayor ATTEST: ~~' i~~~.2L+u~. 1 ~~1 ~C~Y~ Pamei a A. Brandr!~eyer, T wn C1 erk -2- E, 7' ~ ~5 l RESOLUTION N0. 7 Series of 1988 `~ 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. ~ _" I f 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. y° ~7 ~ ~~ _ Kent R. Rase, Mayor` ~. ATTEST: ~~Pamela.A. Brandmeyer, Tows Glerk _2_ ~ ~ c SC/k'. ~~ ~,~ 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; C. ~ FLemium ~~~ 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 CC : R. FtiILLIF i S ~ r.WART TITLE auw>:wxxY coMrwx~r ~. • 1652 (25M 3166) /, 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 ~: 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. w 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. .. "2- ,~ A y ~ Y l~. 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: .._ ~. ~~~ Pamela A. Brandmeyer, To n CTerk -3- 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 ~_ ~ . < < ~~ 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- w: _. ,~ F:_ '~ -.r > .. 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. --- -~ _. . ,~.~. ~....~. a...~ .. :.. t e j `~. . f`.` tR S ~x~zBlr a 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. b p~_ 7 0 ~~ ~, Q ~\ ~~ ~ ~ o~ ~ $~ ~ ~~ _, 1 ~`. by ~~ ~ ~ p w ~ _ ~ ~. _ s~~ a v ~ O ~~ ~. r ~, ~ ~ A ~' ~ v ~~ ~ ~ ~ ~~ Q v ~ ~ ~ a ~~ ~ ~ ~ ~, ~~~_~m~~~a~m ~ ~ Q, ~^ 7 ~~ Q3~~~4~ ~ ~ ~~n~ ~~ ~ ~ ~3~~,.~C_~ fD [u a ~, `~ ~ ~a3~~~9~Q~ a -~ ~ ~ ~. ~'p m y4 a ~ ~~~Q.~.7~CCT~ ~~~~ ~ ~ o ~-' ~ ~ ~ a~ ~ ~~~ ~ ~~o ~ r ~~~~ ~ ~~ ~~an~ ~~ o,~ Q ~ ~. ~ ~~~~~~rt -~ ~. ~ ~~ ~ ~ ~~~~~~ ~ ~ ~~ ~~~ ~ ~.. ~ 3 D {{~ i5 ~..M/ T O Z ~. m ~ ~~rta~~ m ~ ~ ~ ~ ~,~ ~m~'o~ ~ ~ mrt~~R ~y-~ ~. ~' ~ ~ m~ ~~ a~~ 3 ~ ~ A A ~ ~ ~ ~ ~°Q~~~N~~flo ~ ~ ~ ~i d `n G ~' 3 ~ ~ r ~, ~ ~ ~ ~ i2~ ~ O Q~~~ '~ ~ ~ ~ a ~ ~-~ ~~~~c 7 ~ i7 ~ ~. ~ ~ ~ ~~ ~a an~ ~_ ~ ~ ~~~-~ g~ n ~ ~, Q ~ a ~~ ~ ~~ ~~ o _ ~ ~ ~ ~~~~~~ o~ ~ w ~ ~ ~~, ~ ~ ~~~a~~o~ Q o oQ ~ ~ 30°~~~ ~ ~~~$°~ J ~ ~ ~ 3 ~~ X ~~ n ~ ~' ,~' ~ ~ ~ Q ~aa~w~ ~~~ x 0 ~_ a 3 ~~ ~~ T T r a b 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 ~ ~ ..