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HomeMy WebLinkAbout1989-03-28 Support Documentation Town Council Work Session~~ VAIL TOWN COUNCIL WORK SESSION TUESDAY, MARCH 28, 1989 2:00 p.m. AGEPIDA 1. Description of Summer Street Entertainment Selection 2. Update on Comprehensive Plan 3. Presentation by Forest Service Representatives on "Recreation Amendments to the Land and Resource Management Plan - White River National Forest 4. Planning and Environmental Commission Report 5. Information Update 6. Other 7. Executive Session - Personnel Matters VAIL TOWN COUNCIL WORK SESSION TUESDAY, h1ARCH 28, 1989 2:00 p.m. EXPANDED AGENDA 2:00 1. Description of Summer Street Entertainment Selection Micky Poage Background Rationale: Members of the Committee will discuss a~hat the street entertainment gill be for the summer. 2:15 2. Update on Comprehensive Plan Peter Patten Action Requested of Council: Listen to presentation and ask questions as necessary. Background Rationale: Due to recent discussions by Council regarding growth issues, transportation and parking problems and density concerns, it is good timing to explain the comprehensive plan and the status of each of its elements. 2:45 3. Presentation by Forest Service Representatives on "Recreation Amendments to the Land and Resource f~lanagement Plan - White River National Forest Action Requested of Council: Listen to presentation, ask questions, and comment as necessary. Background Rationale: The Forest Service is putting increased emphasis on improving recreation facilities and they've developed some plans to implement this for the !dhite River National Forest 3:15 4. Planning and Environmental Commission Report Peter Patten 3:25 5. Information Update Ron Phillips 3:35 6. Other 3:45 7. Executive Session - Personnel Matters RECREATION AMENDMENT TO THE LAND AND RESOURCE MANAGEMENT PLAN WHITE RIVER NATIONAL FOREST AND THE ARAPAHO NATIONAL FOREST IN SUMMIT COUNTY I. PURPOSE OF THE AMENDMENT This amendment gives actions for accomplishing direction and goals in the Forest Land and Resource Management Plan (Forest Plan) approved in 1984. "General Direction" found in "Section III, Emphasis Areas to Carry Out the Forest Plan," of this amendment supersedes and replaces the general goals statements relating to recreation found in the Forest Plan on pages III-3 and 4. This amendment is for the same planning period as the Forest Plan which is through September 30, 1996. II. INTRODUCTION The Forest Plan gives broad direction for recreation management of the Forest. Implementation of the Forest Plan requires a variety of on the ground actions to meet the projected demands of the public that recreates on the Forest. This document has two major sections following this introduc- tion: "Background and Current Situation" looks at the the strengths of the recreational resource values on the Forest and current and past use of these resource values; "Emphasis Areas to Carry Out the Forest Plan" describes Forest-wide recreation emphasis areas, gives general goals for pursuing improvement in these emphasis areas, and lists objectives for on the ground actions to achieve the emphasis goals. III. BACKGROUND AND CURRENT SITUATION The White River National Forest has 2.25 million acres of some of the most beautiful country in the Colorado Rockies. This scenic beauty, along with a wide variety of recreational values that are nationally and internationally renowned, makes the Forest one of the most heavily used National Forests for recreation. Outdoor recreation and associated resources are the principal value on this Forest and are key to the management of all the Forest's resources. The Forest is truly a "crown Jewel" of the National Forest system. The White River Forest Reserve was proclaimed October 16, 1891, making it the second oldest unit in the National Forest System. The White River manages public land in eight counties in north central Colorado plus the 1 Dillon District of the Arapaho National Forest, which is administered by this unit, in Summit County. These lands contain a wealth of history which tells a vivid story of the past. It includes wagon roads, abandoned mines, old cow camps, Indian artifacts, old railroad routes, grades, and early day water diversions. Vast mountain ranges, limestone caves, and deep canyons display our geologic history. It was on the White River that Arthur H. Carhart, in 1919, conceived. a management concept at Trappers Lake that evolved into the National Wilderness Preservation System. Trappers Lake, in the Flat Tops Wilderness, is "The Cradle of Wilderness." The scenery on the Forest is spectacular and easily accessed by Interstate 70, t:he major east/west route across Colorado. Other paved or graveled state and county roads, and Forest Service roads and trails provide access to many famous scenes including the Maroon Bells from Maroon Lake, Trappers Lake, and Mt. Holy Cross. Scenic corridors like Glenwood Canyon, the Crystal River Valley, Independence Pass, and Loveland Pass attract sight- seers from around the country. There are many other equally inspiring vistas on the Forest that also contribute to the Forest's outstanding scenery. A variety of recreation activities that benefit from the out- standing scenery including hiking, snowmobiling, backpacking, car camping, mountain climbing, biking, caving, horseback riding, and river rafting. Fish and wildlife resources are also a big recreational attraction on this Forest. It has the world's largest herd of elk and one of the largest mule deer herds. Black bear, mountain sheep, mountain goats and many other species live on the Forest. High mountain lakes, streams and reservoirs provide exceptionally high quality cold water fishing for rainbow, cutthroat, brook, and German brown trout. Fishing, hunting and wildlife viewing combine to attract a significant percentage of recreation use on the White River. There are 57 publicly-owned campgrounds on the Forest with 1,250 campsites for family camping (a capacity of over 6,000 people at one time). There are eight group/reservation campgrounds with a capacity of just over 1,000 people at one time. The White River manages four family picnic areas with 25 tables able to accommodate 125:, people. There are two group/reservation picnic grounds for up to 250 people. There are sustained recreation demands from the wide range of winter opportunities available. The Forest .contains eleven ski areas including Vail, Beaver Creek, Keystone, Copper Mountain, Breckenridge, and the four Aspen areas. Skiing is a major recreation activity on the Forest accounting for 50 percent of the recreation use on the Forest and generating over 3-1/2 million dollars in fees to the Government annually. Snowmobiling and cross- country skiing use is growing and helping to round out winter season recreation activities on the Forest. There are also five privately-owned lodge/resorts and one developed cross-country ski area. Recreation activities generate nearly four million dollars in Government revenues annually. The current recreation budget for the Forest is less than two million dollars annually. There are over 6-1/2 million recreation visits (5.5 mm recreation visitor days - a visitor day is one 2 person for one day) on the White River each year, a number comparable to the visitation at Yellowstone and Grand Teton National Parks. Use is about evenly divided between the snow-covered months and the snow-free months. Use Trends The White River National Forest and the Arapaho National Forest in Summit County attract both Colorado residents and out-of-state visitors at about an equal rate. The eastern part of the Forest has a higher percentage of use by Colorado residents, and greater weekend traffic than the western part. This is because the eastern part accommodates heavy short-term use from the Denver Metropolitan area. The western part has a higher percentage of longer term, vacation type use from throughout the state and from out-of-state visitors. Downhill skiing is the highest use recreation activity on the Forest with 2.9 MM visitor days. Camping is next with over 900,000 recreation visitor days, followed by viewing scenery and mechanized travel with over 850,000 visitor days, 235.000 hiking and horseback riding visitor days, 167,000 visitor days of hunting, 60,000 visitor days of cross-country skiing, and 40,000 visitor days of snowmobiling. All of these numbers are for 1987. Other activities with lower use numbers but high growth potential include caving, mountain biking, nature study including photography, and developed day use including picnicking and other activities such as riding ski lifts during the summer. Growth in recreation use is_ estimated in the Forest Plan based on the origin of users (local, state, or national) and the projec ted growth r ates of these populations (See Table plan (1985-87) t l III-1 in the Plan). In the three years following the ac ua u se compared to Forest Plan projected use is: 1987 1987 Actual Avg. Annual Plan Actual % of % of Plan Est. MRVD's# MRVD's Plan 1985-87 Downhill Skiing Use 3,000 2,962 98.7 101.6 Developed Site Use+ 1,202 ~ 1,069 _ 88.9 75.7 Dispersed Use 2.313 - 1,052 45.5 51.9 Wilderness Use 863 348 36.1 48.7 # MRVD = thousand recreation visitor days. A recreation visitor day (RVD) is a twelve-hour period of recreation activity on the National Forest. It can be twelve people recreating for one hour or one person recreating for twelve hours. ¢Does not include Downhill Skiing Use 3 Skiing use on the Forest during the 1980's has been growing about four per- cent per year with the most. rapid growth rate in Summit County, Vail is somewhat less. Growth at the four Aspen areas is essentially flat. Down- hill skiing demand is expected to continue to grow at an average of four percent with a decline to about one percent after the 199o's. This is due partly to the gradual aging of the population. Use in campgrounds and other developed sites (other than downhill ski areas) is somewhat less than project:ed although use is increasing. The deteriora- tion of our facilities, not meeting the current needs of our users, high projections, and shortened seasons due to inadequate budgets may have contributed to this difference in projected growth along with economic and weather factors. The use for both wilderness. and nonwilderness use outside of developed sites, is considerably under projections. Use information for undeveloped areas on the Forest is not statistically accurate and could vary signifi- cantly from true use levels. One reason for the use being under projected is because the estimated use is being more realistically estimated. Another is that some activities, including backpacking and hunting, are flattening or decreasing in popularity. However, total use in wildernesses in popular locations and sites continues to. grow and is exceeding capacity. 4 ~. INDEX TO EMPHASIS AREAS A. Recreation Access ................................................... B. Publicly-Owned Campgrounds and Picnic Grounds ........................ C. Recreation Developments and .................. Service Provided by the Private Sector .~~~~ D. Wilderness .......................................................... E. Undeveloped Recreation Opportunities ................................ F. Visitor Information Services and Interpretation ..................... G. Cultural Resources .................................................. H. Visual Management ................................................... I. Special Interest Areas .............................................. 1. Caves .............. 2. Lake Dillon ........ .......................................... 3. Maroon Valley ...... ......................... .............. 4. Glenwood Canyon ...........:.................................... 5. Reudi Reservoir .......... ............................. 6. Crystal River ..........~ ........................................ 7.. South Fork of the White River ~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ 8. Flat Tops (Outside of Wilderness)...•~~~~~~~~~~~~~~~~~~~~~ ~~~ 9 Deep Creek ..................... ............................ 10. State Resource Natural Areas ................................... Page 6 9 12 15 16 19 22 23 24 24 25 25 2'J 29 29 30 30 30 31 5 IV. EMPHASIS AREAS TO CARRY OUT THE FOREST PLAN The following sections give the Forest's strategy for managing recreation on this National Forest. Partnerships will be used, when feasible, to achieve this emphasis. There is a high potential for partnerships on this Forest. They will be searched out and used, whenever feasible, to achieve this empha:~is . A. Recreation Access Legal access to the National Forest and an adequate system of roads and trail~~ that allows recreation users of the Forest to get to their destina- tions safely is the backbone of our recreation services to the public. Roads and trails serve many purposes and needs. The Forest Plan calls for a variety of recreation opportunities from no roads or trails to high levels of development with each prescription providing direction as to what level of development is appropriate in a given area. Legal access to many areas of the Forest is a problem. Landowners who have previously consented to public crossing their land have stopped access because of liability problems, commercial recreational use of the land, or a desires for privacy as recreation use grew too large. To properly protect the public`s right to convenient use of their lands, the Forest must aggressively pursue legal access when new opportunities occur or when valuable historic access is in danger of being closed. With a, few exceptions, our current road and trail system is adequate in size and location to meet the basic needs of the recreation users of the Forest. However, the condition of our system is substandard. Roads and trails on the Forest are inadequately maintained. Trails typically are poorly drained, have exposed rocks and tree roots, and need significant tread work. In addition, many are brushed-in or poorly cleared. Some trails should be cleared for horse use and some for hikers only, and the trail "window" and trailheads need to emphasize the appropriate use. Road and trail identification and directional signing needs major improvement Forest-wide. Signing of closures, trails, roads, wilderness boundaries, and National Forest boundaries is often lacking or inadequate. Most trails need .. rebuilding and the bulk of the roads need surfacing or resurfacing. In addition, visitor maps often do not accurately show the locations of roads and trails. Our major emphasis in the area of recreation access and transportation will be to: - Improve the maintenance of existing roads and trails. - Improve and upgrade the signing on roads and trails. - Pursue deeded public. access where only permissive access currently exists. - Pursue public access where valuable historic access has been cur- tailed or new access is needed. 6 - Designate a system of National Scenic By-ways. 1. General Direction The following general directions will be followed in pursuing the emphasis areas: a. Maintain road and trail facilities at a level that meets land management objectives and resource program needs. b. Encourage recreation user groups such as jeep clubs and hiking clubs to adopt and contribute to the maintenance of roads and trails. c. Provide route numbering, directional and destination signing necessary to orient the general public using Forest travelways. d. Provide the regulatory and warning signing to meet standards and guidelines set forth in the Manual on Uniform Traffic Control Devices. e. Provide Forest entrance and identification signing along major Forest roads, Colorado State Highways, and county roads. f. Provide Forest travel information signs. g. Use standard recreation and traffic control symbol signs. h. All road and trail maintenance, construction, and reconstruction activities will include provisions for upgrading signing on the subject routes. i. Complete travel management planning and implement the plan. j. Maintain high and medium use wilderness trails using both appropriated funds and volunteers. k. Maintain light use wilderness trails with appropriated funds and volunteers only when they access semi-primitive areas or primitive areas that are under used and these areas can be used to mitigate resource problems elsewhere in the wilderness. 2. Objectives Forest objectives for the area are to: a. Provide road maintenance on the Forest will approximate the following frequency for each of the indicated maintenance classes: 1 (Primitive Roads) - 30% of the total mileage each year. 2 (Low Standard Roads) - 100% of the total mileage biennially. 7 3 (Moderate Standard Roads) - 100% of the total mileage annually. 4 (High Standard Roads)- maintained three times per year. This yields a total of about 1549 annual maintenance miles. By the end of 1990, Districts will have assigned maintenance frequencies that approximate the above objectives to all roads . This information will become a part of Forest Plan Appendix - Ten-Year Road Maintenance Summary. b. Reconstruct the arterial and collector road system at the following levels by decade: By 1990 - 8.6 miles By 2000 - 5.7 miles By 2010 - 5.7 miles By 2020 - 5.7 miles By 2030 - 5.7 miles Roads scheduled for reconstruction over the next 10-year period are listed in Forest Plan Appendix F - Ten-year Arterial and Collector Road Construction and Reconstruction Summary. c. Provide trail maintenance on the Forest will approximate the following frequency: 450 miles annually 450 miles biennially 566 miles on a three-year cycle This yields a total of 864 annual maintenance miles. By the end of 1989, Districts will have assigned maintenance frequencies that approximate the above objectives to all trails. This information will become a Forest Plan Appendix - Ten-Year Trail Maintenance Summary. dl. Construct/reconstruct trails at the following annual levels by decade: By 1985 - 1 mile By 1990 - 53 miles By 2000 - 53 males . By ZO10 - 53 miles By 2020 - 53 miles By 2030 - 53 miles Trails scheduled for. reconstruction and construction over the next ten-year period are listed in Forest Plan Appendix L - Ten-Year Trail Construction and Reconstruction Summary. e. Schedule work on eight or more priority right-of-way (ROW'S) acquisition cases annually which have been identified as a needed recreational access.. ROW priorities to meet public access needs are found in the Land Line Location Summary in the Forest Plan. 8 f. Provide for off-highway vehicle restrictions where conflicts with ROS classifications exist. g. Achieve designation of scenic by-way for Independence Pass, Loveland Pass, Crystal River Highway 133, and Highway 24 from Minturn to Leadville by 1991. h. In addition to the four existing National Recreation Trails other trails will be studied for nomination including the Hanging Lake Trail, Glenwood Canyon bike path, and other Glenwood Canyon trials, the Battlement Trail, Colorado Trail, Tenth Mountain Trail, and two proposed trails - one around Lake Dillon and the Centennial Trail. B. Publicly-Owned Campgrounds and Picnic Grounds Over 95q (55 out of 57) of the campgrounds on the White River National Forest were originally built over twenty years ago. The average age of the original design of these 55 campgrounds is over 25 years old. Many of our campgrounds were designed to meet the needs of the recreating public in the 196o's. In general,. the condition of Forest Service owned facilities on the Forest is not acceptable. Most campgrounds have been receiving good main- tenance but the facilities are wearing out and many sites were not designed to accommodate the current demand for pull-through spurs and level sites for recreational vehicles (RV's), more modern toilets, dump stations, and level tent pads. Some trailheads and other recreation facilities are in a similar situation. While some rehabilitation of many of these sites has occurred, major reconstruction projects to improve facilities to meet current needs have been slow in coming. This is understandable when one looks at the age of our recreation developments. Faced with having to maintain sites and associated facilities over 20 years old during a period of significant budget decreases, the majority of the money goes to fixing crisis problems of existing facilities. We have been able to do this because of the large number of facilities built in the:..1960's. These facilities have been able _ to absorb the increasing use and shifts in need for the last twenty years. We have not added significantly to our Forest-wide capacity since the sixties. so the intensity of use at these older sites has also increased as user needs have changed. Our failure to upgrade designs has left a gap in meeting the needs of the current recreating public.. The Forest Plan projects that use of our existing campgrounds will exceed reasonable capacity before 2000. However, because use is not equally dis- tributed throughout the Forest, many sites are already exceeding their designed capacity. These sites are generally located near the I-70 corridor or near tourist attractions such as Aspen, Vail, and the Dillon area. The sites that provide level spurs, pull-throughs, and more up-to-date facilities are also attracting more intensive use. For this reason, the need to expand capacity and to meet the current and future needs of the public is now. 9 . 1 The availability of picnic grounds for individual family use is inadequate. There are four sites with a i;otal of 25 tables for family picnicking. As a result;, tourists who are staying in motels or local residents taking sight- seein€; day-trips must do without tables for picnics. or occupy sites in campgrounds. Day-users at reservoirs and lakes throughout the Forest are in a similar situation. This is causing conflicts in our campgrounds and some dissat:isfaction by these visitors. Our m<~jor emphasis in the area of publicly owned recreation sites will be to: -• Improve all existing Forest Service facilities on the White River to achieve a high standard of condition and accommodate present and anticipated future needs. - Increase developed site capacity through expansion of existing facilities and potential new sites near the I-70 corridor and the greater Roaring Fork Valley. - Increase picnic and other day use facilities at our major reser- voirs and at other significant attractions for day-use. 1. General Direction a. Maintain Forest Service facilities to the highest possible standard. b. Provide a wider variety of site development that satisfies the desires of our recreation visitors. Implement a flexible concept of site development that allows a range of services from full development to minimum development that fits the Forest Plan direction for a given area. Provide camping facilities to meet the needs of modern RV's and to provide services clearly demanded by today's campers which are consistent with desired recreation setting described in the Forest Plan. c. Meet the projected need for increased developed recreation use with increased capacity for both overnight and day use activities. d. Maintain all sites to ensure aesthetically pleasing surroundings. e. Avoid developments which will compete with private sector developments. f. Expand opportunities for disadvantaged and handicapped people to enjoy a recreation experience on the Forest. g. Provide for concession management of developed sites only when a quality experience can be assured. Locate concession sites where they can compliment existing private resorts or campgrounds. h. Concentrate development and new construction at the most cost- effective sites. 10 2. i. Coordinate management and operation of sites intermingled with other land management agencies. j. Work toward economically efficient campgrounds. This usually means a minimum of 25 units. Sites that cannot meet efficiency criteria will be reduced to sanitary facilities only (toilets) when needed to protect public health and safety. k. Conduct surveys to determine satisfaction of visitors to National Forest developed sites and to identify needs for improvement. 1. Match the surface of interior campground roads with the roads accessing the campgrounds. Objectives The Forest objectives for the area are to: a. Satisfy the Forest Plan projected increase in publicly-owned developed recreation as follows: Capacity Overnight Projected % Increase Units to Use _ Needed' be added By 1985 - 1085 MRVO'S 0 0 By 1990 - 1232 MRVD'S 3% 28 By 1995 - 1366 MRw 's 14% 127 By 2000 - 1500 NtRVD's 25% 225 By 2010 - 1800 MRVD's 50% 450 By 2020 - 2130 MRVD's 77% 688 By 2030 - 2527 MRVD's 110% 988 # Forest Plan estimated developed site capacity is 1200 MRVD's. 1Vew construction projects to meet the projected increases in use are. detailed in Appendix A -'Recreation Site Construction Summary. b. Renovate all existing Forest~Service facilities to .achieve accept- able conditions. Renovation plans should provide for upgraded services wanted by the public and appropriate to the setting within which the facility is located. Renovation projects are detailed in Appendix B - Recreation Site Reconstruction Summary. c. By 1995, Complete a vegetation management plan for all public developed sites that have over 25 units. d. Reconstruct all recreation site roads and parking spaces on an average frequency of once every ten years. Reconstruction cycles are reflected in Appendix B - Recreation Site Reconstruction Summary. 11 e. Conduct a survey of White River National Forest recreation developed site users by 1991 to determine the level of satis- faction among users and identify desires for improvement in services. f• By 1993, provide at least one day-use picnic ground at each of the three major reservoirs on the Forest and in at least two other locations on the Forest where a need is apparent. Projects are detailed in Appendix A - Recreation Site Construction Summary. g. Convert non-fee sites to fee sites by providing potable water where the benefit/cost ratio will be greater than now. C. Recreation Developments and Services Provided b the Private Sector Private commercial operations on the Forest provide services and facilities ranging from guided wilderness outings to major downhill ski areas. Their presence enhances opportunities for the public to enjoy the recreation values of the White River. Ski area improvements are generally in acceptable condition. However, all have visual conflicts related to trail design and lift rights-of-way, and in color contrast between facilities and the natural background during the snow-free season. National Forest recognition is fairly good, but the qual- ity of Forest Service signs at ski areas needs improving in order to enable the puublic to recognize availability for broad recreation opportunity. This can help tell the public about the wide variety of recreation opportunities available at resorts. In .addition. there is a need to get National Forest recognition and Forest Service input in all brochures about ski areas, particularly those publishesd by resort associations and Chambers of Comme~^ce. Parking for day skiers at some locations is a potential problem - Vail, Beaver Creek, Snowmass, Aspen Mountain, and Breckenridge, in particular. National Forest permitted non-ski area resort entrance and interior roads are often inadequately surfaced and sometimes poorly designed. Many resort buildings are in need of major repair or replacement with a more functional facility. National Forest recognition and other signing at these sites are often inadequate. Most of them have Master Plans but lack the funding to implert~ent them. The economic. returns to these small resorts from improving their facilities does not justify the costs involved. Outfitters and guides operating on the White River vary greatly in types of services provided and quality of operation. Also, there is a continuing problem with illegal outfitters operating on National Forest Lands. More attention to the outfitting and guiding businesses is needed to improve quality of service and to build cases against and prosecute illegals. The current outfitting and guide regulations have greatly increased the admin- istrative time requirement and generated a need for a lot more funding in order to administer this use. 12 Our major emphasis in the area of private sector development and services will be to: - Work to improve the quality of facilities at the non-ski area resorts on the Forest. These resorts need to do a better job of marketing and the Forest needs to help achieve the marketing objectives of these resorts. - Allow increases in the capacity of downhill ski areas to meet projected use. - Actively participate with ski resorts in providing year-round recreation opportunities at these resorts. - Expand opportunities for the private sector to meet the changing needs of the recreating public consistent with Forest Plan direction. - Pursue mutual recognition and public awareness of the joint role we play in meeting the recreation needs of the public. - Support the permitted outfitters and guides operating on the Forest through complete administration of existing permit and vigilant pursuit of illegal outfitters and guides. 1. General Direction a. Provide additional downhill skiing opportunities in accordance with Forest Plan direction. Emphasis will be on expansion of existing sites to meet the demand. b. Privately funded huts and shelters can be allowed where there are no viable opportunities on private land and the but meets National Forest objectives. c. Encourage the private sector to satisfy the demand for appropriate non-skiing resort experiences at existing permitted resorts and through the development of facilities on private land. d. Allow the free enterprise market system to establish the fees that commercial permittees charge their customers. e. Require proponents to reimburse the Forest Service for costs of planning reviews, liaison and other costs associated with their proposals. f. Limit private sector recreation developments on National Forest Lands to those uses best provided in a forested environment while recognizing the changing needs of today's recreationists. Golf courses may be appropriate on urban National Forest lands, but tennis courts, playing fields, health clubs, and similar facili- ties are not. When the latter is the best use of lands, an exchange needs to be made. 13 g. Maintain a high level of professional expertise in winter sports. Provide leadership in winter sports for the Forest Service through development of guidelines. handbooks, and innovative management approaches. h. Achieve a closer, proactive relationship with all permittees. i. Require proponents of private recreation developments to finance the planning and implementation of vegetation management on their permitted area. ,j. Provide opportunities for both non-outfitted and outfitted publics to use all National Forest Lands and avoid issuance of outfitter and guide permits which result in exclusive use of National Forest lands by a special segment of the public. ]{. Encourage outfitter and guide permittees to locate outside wilder- ness to the optimum extent. 1. Discourage outfitter and guide operations at popular sites receiving .capacity use. nn. Find alternative locations for outfitter and guide camps at more popular features, e.g., Fritzlan's Lower Marvine Lakes Camp. r~. Keep a minimum distance of three-fourths mile between hunting season outfitter and guide camps within wilderness and one-half mile outside of wilderness except at staging areas, unless there are adequate natural buffers to permit greater densities. 2. Objectives ~- T'he Forest objectives for the area are to: a. Provide opportunities for the private sector to satisfy a pre- dicted increasing demand:,for downhill skiing as follows: By 1985 - 2600 MRVD's By i99o - 2800 MRVD's By 2000 - 4100 MRVD's By 2010 - 5100 MRVD's By 2020 - 5600 NIRVD~s ~~ 2030 - 6200 MRVD's b. Issue one or more prospectuses or permits each year for new non- traditional recreation developments on the Forest. c. Be proactive with non-skiing resort permittees to help make them more successful and avoid introducing new competition which will lower their opportunity for success. d.. Issue outfitter and guide permits for campsites rather than areas. 14 D. Wilderness Wilderness management funds are insufficient to adequately manage this re- source. As a result, resource deterioration is occurring at popular attrac- tions within the Wildernesses. There is a need to complete and implement wilderness plans for protecting wilderness resource values as directed in the Forest Plan and legislatively mandated. The major emphases in Wilderness Management are to: - Take immediate action to protect sensitive resource values being threatened at popular attractions within wilderness boundaries. - Pursue adequate funding through government and nongovernmental sources to provide for paid professional management of Wilderness resources. - Initiate actions defined in Wilderness Implementation Guides (WIG'S) as they are completed. - Improve public understanding of and commitment to basic wilderness ethics. 1. General Direction a. Manage and administer wilderness with paid professionals to the extent possible to provide better quality management. b. Inform recreation users of non-notorized recreation opportunities outside wilderness that provide a comparable experience and encourage this alternate use. ' c. Manage wilderness with minimum restriction on visitor activities, so long as protection of wilderness values can be achieved. d. Manage high density use (8d) areas in wilderness to change their status to semi-primitive.,(8c). e. Allow lightning fires to fill their natural, ecological role of fire in wilderness. Each fire occurrence in wilderness will be analyzed individually to determine the most appropriate su sion strate Ppres- gy in accordance with National Fire Management policy (FSM 5130). To the extent possible, containment or confinement suppression strategies will be adopted for fires in wilderness. 2. Objectives Forest objectives are to: a. Complete implementation guides (plans) for each wilderness by 1992, in the following order: 15 Wilderness Lead District 1) Maroon Bells/Snowmass - Aspen - FY 1989 2) Eagles Nest - Dillon - FY 1989 3) Holy Cross - Holy Cross - FY 1989 4) Flat Tops (revisions) - Blanco - FY 1989 5} Hunter-Fryingpan - Sopris - FY 1989 6) Collegiate Peaks - Taylor River - FY 1990 'J) Raggeds - Paonia - FY 1991 lb. Complete fire management plans for all wilderness areas by 1992. c. Manage the Flat Taps, Hunter-Fryingpan, and Holy Cross District portion of the Eagles Nest to emphasize horse activities, longer distance travel, and traditional pack trip experience as well as backpacking. ci. Manage the Dillon District portion of the Eagles Nest, Holy Cross, Maroon Bells-Snowmass, White River portion of the Raggeds and Collegiate Peaks Wildernesses to emphasize backpacking and hiking experiences. E,. Take actions to protect wilderness values, including limited per- mits, when necessary. E. Undeveloped Recreation Opportunities The "rniddle country" between developed sites and wilderness boundaries pro- vides the public with largest component of open space for recreation on the Foresi~. This part of the forest is heavily used for a wider variety of activities than any other. Motorized and nonmotorized activities coexist along with other non-recreational users of the Forest. While the potential for conflict exists, major problems between users have generally been successfully resolved. However, a growing and potentially major problem is the widespread use of ATVs, particularly during hunting seasons. These vehicles are violating many closures and the need for better enforcement of these Forest Supervisor closures as 'well as improved travel management planning is a high priority. There are, however, opportunities to -improve the quality of these exper- iences. Many of these are addressed in the Access/Transportation and Visitor Information/Interpretation sections. Particularly needed is improved signing, visitor information, ethics education personal contacts with users, and roads, trails and trailheads that meet the needs of users. The management emphasis discussed here revolves around a need to maintain a balanced, quality supply of motorized and nonmotorized recreation oppor- tunities, throughout the year. There is an adequate land base to meet the projected use; however, proper distribution of recreation visitors to protect resource values and to avoid conflict between users is needed. 16 The major emphasis in the area of undeveloped recreation is to: - Provide the public with accurate and attractive information about locations for undeveloped recreation activities that reduces con- flicts with other users and promotes protection of resource values. - Identify strengths for providing undeveloped recreation opportun- ities, to emphasize enhancement of these values and to balance opportunities for motorized and non-motorized recreation activities. - Protect the quality of recreation places and settings that are important to the recreating public on the White River National Forest. - Utilize primitive and semi-primitive non-motorized management areas outside of designated wildernesses to relieve pressure on heavily used wilderness resources. 1. General Direction a. Partnerships with user groups and volunteer organizations are the preferred method for providing information and improvements for our recreation visitors. b. Provide trailheads at all Forest Development Trails (FDT) which are compatible with the capacity levels of the areas accessed. c. Provide an adequate mix of motorized and non-motorized trails and trailheads with sufficient parking for both winter and summer uses. d. Identify and promote trails suitable for mountain bikes, partic- ularly in alternative areas attractive to recreationists who would otherwise be tempted to :ride in wilderness. e. Manage for a full spectrum of roaded recreation opportunities from rugged jeep trails to highways for large RV's. Make the public aware of the different kinds of opportunities and where they are located. f. Manage activities along travel routes to enhance the recreation and scenic values. g. Manage undeveloped recreation activities to distribute users in their desired physical, biological and social recreational settings. 17 h. Provide opportunities for general undeveloped recreation activ- ities such as hiking, biking, and ATV/motorcycle trails directly out of each developed campground, where possible. Also, emphasize interpretive opportunities along hiking trails near existing developed sites. i. Provide for a balance between unguided use and use being facili- tated by professional guide and outfitters. If the present out- fitter-guide use is less than 15 percent of the total capacity, it will be allowed to increase to 15 percent; if the present percent of use falls between 15 percent and 60 percent, the outfitter- gvide use will be frozen at the current level; if the present percent is greater than 60 percent, the outfitter-guide use will be reduced to 60 percent. ;j. Pursue a continuous system of National Recreation Trails to pro- vide east to west and north to south access by across the Forest by foot, horseback, and bicycle, as appropriate. To the extent possible, these trails should be located outside of wilderness to reduce wilderness impacts. k. Pursue a continuous system of north-south and east-west trails for snowmobiles, motorcycles and ATVs. 2. Objectives Forest objectives of the area are to: a~. Have at least one all-day (25 or more miles long) motorized off- highway vehicle (OHV, 4WD, motorcycle, ATV primitive road) oppor- tunity on each District by 1990. b. Develop scenic overlooks along major Forest travelways used for sightseeing. Selected sites and development timetables are in Appendix -Recreation Site Construction Summary. c. Complete the construction of the Colorado Trail by 1990. - . d. Complete planning for the Continental Divide Trail by 1990. e. Complete the White River National Forest portion of the Contin- ental Divide Trail, including the Dillon District, by 2000. f. Have a north to south and east to west National Recreation Trail system by 1995. g. Complete capacity determinations for undeveloped areas by 1995• h. Allow but development along trails where suitable private land is not available. 18 i. Expand snowmobiling opportunities on the Blanco, Rifle, Sopris, Eagle, and Dillon Districts. F. Visitor Information Services and Inte retation The Forest Plan lacked direction for interpretive and visitor information services. This occurred primarily because of thought patterns established in an era when this activity had been foregone to direct funds in other areas. The plan failed to recognize that this activity would become a significant emphasis for the Forest in the future. Now, partly in response to the National Recreation Strategy, direction is needed. The Forest .does not have adequate visitor information centers and the reception areas in District offices and at the Forest Supervisor's office need extensive upgrading. Some offices, such as Aspen, receive over 100wa1k-ins every day they are open and the capacity of their reception areas cannot accommodate them. Interpretive services in our offices is very limited in scope. As a part of serving people and in support of the National Recreation Strategy we believe we should make extraordinary efforts to help people enjoy the scenic and recreation attractions of the Forest. These efforts should include signs along Forest travelways, interpretive activities at significant locations, quality public information and assistance at offices and other information centers and media information and articles. Emphasis in the area of Visitor Information Services and Interpretation is to: - Provide the public with accurate and easy to understand informa- tion about recreation activities on the Forest, travel management regulations, and good outdoor ethics. - Concentrate efforts in locations that the public readily identi- fies as an information source or has a high level of visitor traffic. Initial efforts will be directed at these locations - all District Offices and the Supervisor's Office, all ski areas; Hanging Lake/Glenwood Canyon, Maroon Valley. (bus system), Inde- pendence Pass, Vail Pass (rest stop), Camp Hale, scenic by-ways, local tourist information centers. 1. General Direction a. Improve our ability to describe specific recreation opportunities to visitors and direct them to desired locations.. b. Improve our ability to_provide National Forest information to the :.high volume of interested travelers on Interstate 70. c. Use interpretive services when significant numbers of people can be exposed to important informational and educational material. 19 High priority messages will include partnership recognition, back- country and OHV ethics, multiple use, and Forest identification. d. Develop a marketing plan that identifies visitor needs and informs visitors of the full spectrum of recreation opportunities avail- . able on the White River. Do this in partnership with other groups, organizations, and agencies. e. Emphasize public education and interpretation of wildland and backcountry ethics. Use Woodsy Owl to carry this message to grade school children. f. Test the most modern technologies for providing visitor informa- tion (i.e., computers, video tapes, local transmitters). Expand the use of successful methods. !;. Provide outdoor interpretive signing to inform the public of im- portant land and resource management projects and events, National Forest value and protection measures, significant research, natural and cultural history, geographic features and land uses. h. Emphasize educating the public about the hazards and risks that they expose themselves to while recreating on the National Forests. Visitors should be made aware of the consequences of their actions when exposed to naturally occurring risks. Infor- mation on hazards and accepted practices will be available in Forest Service offices and at trailheads. i:. Make interpreted opportunities available to the physically challenged. ' j. Provide opportunities for visitors to discover and enjoy cultural resources on National Forest System lands. k:. Develop specific products to inform the public of the quality motorized recreation opportunities on the White River National Forest. = 1. Generate and coordinate a more visible and active interpretive program on the Forest. m. Achieve recognition of the White River National Forest in appro- priate national publicity. n. Achieve suitable recognition and celebration of the 100th anniver- sary of the White River National Forest in 1991. o. Improve our ability to describe and direct recreation users to specific recreation opportunities. p. Institute special efforts to provide National Forest information to the high volume of interested travelers on Interstate ']0. 20 2. Objectives Forest objectives for the area are to: a. In 1989, initiate at least one interpretive association whose objectives include a short-term one of developing activities to celebrate the 100th anniversary of the White River National Forest and a long-term objective of achieving broader public under- standing of multiple use management of the Forest. b. Install a new map to help SO visitors locate special places on the White River National Forest (FY 1988). c. Organize and participate in an I-']0 Regional interpretive services planning group. (FY 19$9) d. Institute an interpretive program using volunteers at the Vail Pass rest stop. (FY 1989) e. Participate in the multi-agency visitor center at Eagle. (FY 1989) f. Compile and refine the data describing the number of potential contacts at significant sites on the Forest. (FY 1989) g. Implement one "latest technology" visitor information system ( ~' 19$9 ) h. Develop a marketing plan and begin implementation. (FY 1989) i. Install a geographic interpretive sign at the Dillon Reservoir overlook in partnership with the Rotary club. (FY 1989) j. Install a multiple use interpretive sign on the Dillon District in partnership with Louisiana Pacific. (FY 1988) k. Publish a high quality.;: laser print photo book of the Forest's scenery for sale through the Interpretive Association. 1. Continue the interpretive partnership with the Aspen Historical Society at the Independence Townsite. m. Prepare a comprehensive plan for celebrating the 100th anniversary of the White River National Forest in 1991. (FY 1989) n. Improve and maintain with partners, the Braille trail on the Independence Pass Road. (FY 1988) o. Construct interpreted nature trails accessible to the physically challenged at the Grottos, Yeoman Park Campground, and Crizzly Creek. (FY 1988 for Grottos, FY 1990 for Yeoman Park, and FY 1991 Grizzly Creek) 21 ;p. Produce a discovery loop brochure to inform people of the drive over Independence Pass and return on I-']0. (FY 1988) q. Produce a detailed interpretive booklet to complement the designa- tion of the Scenic Byway over Independence Pass. (FY 1989) :r. Review and add focus to the interpretive programs currently oper- ated by our partners including at Copper Mountain Ski Area, Inde- pendence Townsite, Aspen Mountain, Vail Mountain, and Keystone. :s. Initiate a volunteer Forest Interpreter program in cooperation with existing permi.ttees. (FY 1989) t. Assure receptionists and VIS people are trained in wilderness management objectives and how to direct and inform users to help meet objectives (through training and field trips). Develop an. outline for receptionists/VIS people to cover with visitors. G. Cultural Resources The Forest has been managing cultural resources through a part-time pro- fessional archaeologist, shared with the Bureau of Land Management, paraprofessional archaeologists on the Districts. and a cultural resource coordinator in the Supervisor's Office. Cultural resources are adequately surveyed for on-going ground disturbing projects. Many of these projects are generated by non-.Federal Service proposals. In these cases, needed surveys and reports are made by outside consultants who are under permit from the Forest Service and the cost is borne by the proponent(s). There is a large backlog of identified sites that appear to be eligible for the National Register, but have' not been recommended because of lack of time. The designated National Register sites are not being protected to the extent of Forest Service presence needed to do an adequate job. The Forest does not have a cultural resources overview. This would be a very useful tool for predicting .:the likelihood of cultural resources in areas where ground disturbing activities are proposed. Empha:~is in cultural resources is to: •- Increase the amount of the Forest's constrained budget programmed for this activity. •- Provide opportunity for public enjoyment of the Forest's cultural resources after they have been surveyed; excavated, where appro- priate; and documented. •- Manage cultural re:~ources in wilderness with emphasis on wilder- ness values. 22 1. General Direction a. Increase the amount of time for professional archaeologists on the Forest. b. Achieve better protection of designated National Register sites. c. Maintain sufficient paraprofessional archaeologists on the Forest to do cultural resource of Forest Service projects in a timely manner. 2. Objectives Forest objectives for the area are to: a. Complete a cultural resources overview for the Forest by 1993• b. Nominate a minimum of one eligible site a year to the National Register from the inventory of identified sites. c. Inventory buildings in wilderness for historical significance by 1995, document those -that are historic, and remove them by 1999 or allow them to melt down naturally. d. The Ute Trail will be located and remarked. using volunteers, and opened for public enjoyment by 1991. N. Visual Management This Forest has some of the most beautiful mountain scenery in the nation and preserving the integrity of these scenes is a highest priority. The Forest has initiated many "state of the art" visual management techniques in such projects as ski area development, Interstate '70 construction, and transmission line installation. Emphasis will be to: - Maintain the Forest's leadership role and high standards of visual management. - Use timber harvest, prescribed fire, .and other techniques to achieve vegetative management objectives for scenic vistas. 1. General Direction a. Do not allow permanent outside advertising on National Forest lands. Short-term banner advertising for special events such as races may be allowed on control fences and at race starts. b. Protect the integrity of our unique visual resources, e.g „ Maroon Bells, Trappers Lake, Mt. Holy Cross, etc, 23 c. Correct visual quality problems and anomalies on the Forest by the year 2000. d. Initiate visual management guides (viewshed corridor guides) for selected Forest highways. The purpose of these guides is to in- tensively manage vegetation for scenic values. Viewshed corridor guides are similar to other Forest vegetation guides.. One guide every other year will be written. e. Obtain better integration of visual management objectives in resource management and environmental analysis reports. Make sure that District personnel are aware of available computer tech- nology. Work closely with special use permittees and District personnel to develop management .alternatives to the proposed actions. I. .S~ec:ial Interest Areas There are areas with high existing recreation values or future potential that: will receive special management emphasis. 1. Caves There are many caves on the Forest, some of national international importance. There are also undoubtedly new caves that are yet to be discovered. Emphasis in cave management will be to: - Allow public access to caves with less valuable formations and those that have been vandalized. These caves include Fulford, Hubbard, and Spring Caves. - Wild caves will be protected and the public will not be encouraged to visit them unless in the company of qualified savers, usually members of the cave survey, and location of caves will not be disclosed. Local grottos will.be en- couraged to adopt caves 'and lead visitors through them. - Protect wild caves, that are in danger of being exploited or vandalized, with gates and locks. General Direction a. Work-with local and Colorado Grottos to lead guided tours to protected caves on a regular basis by 1989. b. Continue Groaning Cave partnership with the Colorado Cave Survey. 24 c. Publish and distribute information on cave management to direct use to Spring Cave, Fulford Cave, and Hubbard Cave, and as an educational tool to reduce impacts. Also, use information to increase public awareness and sensitivity to cave resource values using volunteers, employees, and concessionaires. d. Provide low level management at Spring Cave, Fulford Cave, and Hubbard Cave by 2000 using volunteers, hosts. and employees. 2. Lake Dillon Emphasis will be to: - Recognize that the area has a capacity determined by basic resource and social factors. Either or both or these may limit use of the area before demand is fully satisfied. Plans, developments, and management will be based upon these capacities. - Recognize that the quality recreation experience provided by the area is directly related to the diverse natural charac- ter of the land and landscape. Maintaining undeveloped character in the Dillon Reservoir area will be necessary if this quality recreation experience is to continue. - Protect opportunities for appreciation and enjoyment of the natural environment including water and visual resources. - Provide for continuity in management direction throughout the Dillon Reservoir Complex. - Focus recreation operations on low to moderate density facil- ities to retain a natural mountain setting and permit those activities and support facilities that best relate to this experience level. - - Forest Objectives for the area are to: a. Complete a reservoir management plan in fiscal year 1889. 3. Maroon Valley The Maroon Bells, situated in the Maroon Bells-Snowmass Wilderness, Maroon Lake, and the Maroon Valley drainage are nationally known recreation attractions. The view across Maroon Lake to the Maroon Bells is one of the most photographed in the State of Colorado and photographs of the Bells frequently appear in calendars, advertise- ments, and commercials nationwide. This, combined with Maroon Valley's 25 scenic beauty and its close proximity to Aspen, Colorado, an inter- nationally known resort, all contribute to make Maroon Valley a very popular and highly visited recreation area. Emphasis will be to: - Implement a management system in Maroon Valley which estab- lishes a summer setting of a rural atmosphere at Maroon Lake, and a natural Forest environment in the rest of the Valley. It should provide as many recreation opportunities as pos- sible that are compatible with the natural setting. - Manage for a winter ROS of Semi-primitive Motorized. Forest Objectives for the area are to: a. Provide 75,000-100,000 visitors annually with the opportunity to view the Maroon Bells. b. Provide for the following minimum number of recreation visitor days (one person for 12 hours) per activity listed below: (1) 600 recreation visitor days of bicycle use on the Maroon Creek Road. (2) 800 recreation visitor days of snowmobile use on the Maroon Greek Road to a Maroon Bells viewpoint. (3) 16.500 recreation visitor days of camping in developed sites in Maroon Valley. c. Increase the opportunity for handicapped people to view the Maroon Bells through better handicap facilities. d. Provide a long-term bus system (minimum 5 years) to a Maroon Bells viewpoint during the high use summer season. e. By 1990 reduce use in the Maroon Lake-Crater Lake corridor by 25 percent without losing opportunities to view the Maroon Bells. f. Maintain all facilities in Maroon Valley to a high standard that recognizes the "flagship" status of the Maroon Valley. g. By 1992 provide that at least 25 percent of the campsites in Maroon Valley will be modified to accommodate recreation vehicles of 50 feet in length. h. Emphasize public uses over commercial or private uses when conflicts between these occur. 26 i. Provide for commercial and private uses, when no conflicts with public uses exist, at the following levels: (1) Special Use Photography - 5 permits (2) Special Use Weddings - 10 permits (3) Summer Outfitter-Guides - 500 RVD's (4) Winter Outfitter-Guides - 500 RVD's (5) Special Use Recreation Events - 1 permit j. Provide the following vegetation composition in Maroon Valley (contingent upon the vegetation management plan): (1) 50 percent aspen (2) 25 percent spruce-fir (3) 25 percent meadows and open area k. Provide adequate camping restrictions (stay limits, con- trolled access, etc.) to meet camping demand. 4. Glenwood Canyon Glenwood Canyon-lies in the southwestern portion of the Eagle Ranger District, generally east of Glenwood Springs, Colorado. At numerous points within the sedimentary zone cliffs rise almost vertically to 1,000 feet above the Colorado River. The river drops from an eleva- tion of 6,110 feet at.the east end to 5,800 feet near Glenwood Springs. Canyon walls of 2,000 feet to 2,500 feet are common. Joining the Glenwood Canyon are eight major valleys which are also of majestic geologic make-up. Interstate 70 is presently being constructed through the canyon. The present recreation use at Hanging Lake, whitewater rafting from Shoshone and Grizzly Creek, fishing at Grizzly Creek and the Colorado, kayaking below the dam, rock climbing, photography, caving, and hiking on all trails in the canyon, all contribute to make Glenwood Canyon a very popular and highly visited area. Emphasis will be to: - Obtain special National designation of Glenwood Canyon which emphasizes its outstanding qualities. - Develop a comprehensive management plan which provides for a broad range of land uses and recreation opportunities. - Preserve and protect the unique recreational and ecological values of the canyon. Forest objectives for the area are to: a. Maintain close liaison between resource managers and the State Highway Department to obtain understanding, acceptance, and support for a joint approach. 27 b. Work to have all lands purchased for right-of-way purposes by the Colorado Department of Highways. c. Study the need for a hiker trail between the Bair Ranch Rest Area and the Grizzly Creek Rest Area on the canyon rim. d. Establish a Recreation Opportunity Spectrum (ROS) setting of Roaded Natural in the canyon bottom and Semi-primitive Non- motorized in the rest of the canyon. e. Remove abandoned sections of transmission lines and right-of-way in an acceptable manner. f. Have all facilities under special use permit which are visible from the Interstate painted and designed to blend with their summer background. g. Expand the recreation opportunities in the canyon to accommo- date the level of visitation expected after the Interstate is completed. h. Determine the boating capacity of the Colorado River in the canyon after all launch sites and interchanges are completed and provide for a summer river guard to administer use in the canyon. 5. Ruedi Reservoir This reservoir is part: of the Fryingpan-Arkansas transmountain diver- sion project which has the following objectives: a. Developing the regional and national economy through irriga- tion of arid lands of the west; b. Developing power and energy surplus to project needs; c. Supplying domestic,. municipal, and industrial water; d. Providing flood control; e. Providing for. the preservation, propagation and enhancement of fish and wildlife; f. Providing for water quality control; and g. Developing recreation facilities. In addition, the project is committed to conserve the scenery and the natural historic and archaeological objects. When full, the reservoir has almost 1,000 surface-acres and it has become a very popular water sport area. 28 Emphasis will be to: - Provide a combination of day use and overnight facilities to - accommodate the increasing number of all types of reservoir users. - Provide services for users to enhance utilization of the recrea- tion resource at Ruedi Reservoir. - Avoid existing or potential conflicts between reservoir users. - Encourage services which have a positive impact on local economies. - Meet the needs of special interest groups where compatible with the general public desires. - Maintain or improve the visual quality of the reservoir area. - Protect the natural resources in the reservoir area. - Provide a. safe and healthy recreation experience for the reser- voir user. Forest objectives for the area are to: a. Institute a system of recommended use to reduce conflicts. This pattern will recommend a 100-foot corridor of low speed (less than 10 miles per hour) for motorized use on the perimeter of the reservoir, a non-motorized water sport area in the vicinity of Freeman Mesa, and the balance of the reservoir will be recommended for high speed motorized use. b. Implement other specific management objectives too detailed to include here as contained in the "Recreation Management and Development Plan for Ruedi Reservoir," which was approved in September 19$3• 6. Crystal River ~• The Crystal River, which flows through this scenic valley, was studied in the Forest Plan and found to be eligible. for study as a possible component of the Wild and Scenic River System. A study of the suita- bility of this river for inclusion in the Wild and Scenic River System has yet to be completed. Emphasis will be to: - Manage the eligible river segments to protect their free flowing, recreation, and scenic characteristics. - Emphasize non-motorized recreation outside of the highway right- of-way and during the winter season. 29 - Meet Forest Plan direction for Wild and Scenic River management. - Complete the suitability study during the next round of Forest Planning. 7. South Fork of the White River This river was studied in the Forest Plan and found to be eligible for study as a possible component of the Wild and Scenic River System. A study of the suitability of this river for inclusion in the Wild and Scenic River System has yet to be completed. Emphasis will be to: - Manage the eligible river segments to protect their free flowing, recreational and scenic characteristics. - Complete the suitability study during the next round of Forest Planning. - Meet Forest Plan direction for Wild and Scenic River management. 8. Flat Tops (Non-Wilderness) A significant part of this terrain is gently rolling, open meadows. Because of the terrain and vegetative character, a high density of constructed and unconstructed roads exist. Emphasis will be to: - Manage this area for dispersed, motorized recreation to the extent it does not conflict with Forest Plan Prescriptions and other land management objectives. - During the winter season unrestricted, motorized recreation will be allowed. - During snow-free seasons controlled, motorized recreation will be emphasized. 9. Deep Creek This spectacular canyon on the Eagle District and the Glenwood Springs BLM resource area has many of the larger and more beautiful caves on the Forest. Deep Creek itself deserves national recognnition, perhaps as a Geologic Area or Wild River. Emphasis will be to: - Protect this area's resources in their natural state until recom- mendations are complete and appropriate designation is achieved. 30 Forest objectives for this area are to: a. Make recommendations for appropriate designation of this area by 1995• b. Withdraw the area from mineral entry by 1990. 10. State Resource Natural Areas There are two of these on the Forest - Eagles Nest Cave and East Hoosier Ridge. Emphasis will be to: - Protect the natural condition and not encourage or promote public use of these areas. 31 _ APPENDIX INDEX APPENDIX A - Overall Capital Investment Priorities APPENDIX B - Recreation Site Construction Summary (Category 3) APPENDIX C - Recreation Site Reconstruction Summary (Category 2) APPENDIX D - Trail Construction and Reconstruction (Category 1) APPENDIX E - Road Reconstruction and Construction Summary (Category 4) and Bridge Construction and Reconstruction Summary (Category 5) 11/14/88 CAPITAL INVESTMENT PRIORITIES WHITE RIVER NATIONAL FOREST (OVERALL) PRIORITY ___ CIP NUMBER --- _______________________________ PROJECT ------ - ____________ CATEGORY ________________ COST 1 WR061 -----p---- ------------ -------------------- Pros ector Toilets rehab. --------- ------------ 2 ------ $ _ -------- 275 000 2 WR104 Eagle-Thomesville Rd. 4 $ , 636 400 3 4 WRO51 Hanging Lk Trail 1 $ , 66,600 WR022 Vault Dump Sites 3 $ 000 336 5 WR025 Camp Hale CG Rehab. 2 $ . 75,000 6 WR131 Rifle Access Rd. 4 $ 28 000 7 8 WR012 Blanco Toilets Rehab. 2 , $ , 48,000 WRO10 Maroon Toilets Rehab. 2 $ 33 000 9 WR013 Maroon Valley Rehab. 2 $ , 54 460 10 WR032 Bogan Flats CG. 3 $ , 286,000 11 wR139 Independence Pass CG paving 4 $ 69 000 12 WR014 Redstone CG. Rehab. 2 $ , 257 400 13 14 ~~33 Deep Lake CG. 3 $ , 65,000 WR052 Turret Cr. Trail 1 $ 902 59 15 WR101 Holy Cross Site paving 4 $ . 58.000 16 WR017 Prospector CG. Rehab. 2 $ 32 000 17 18 ~~53 WR106 Peaks Trail 1 $ , 75.000 19 WR018 Muddy Pass Dillon Host Pads 4 3 $ 273,900 20 WR019 Deep Creek Overlook Rehab. 2 $ $ 36,000 23,600 21 WR020 Fulford Cave Rehab. 2 $ 8 000 22 WR108 Rifle Cr. Bridges 4 $ , 500 75 ~3 24 WR138 WR054 Upper Fryingpan paving E 4 $ . 109,000 25 wR055 ast Creek Trail Haystack Trail 1 $ 33.051 1 $ 49,580 26 wxo38 Meadow Ridge 3 $ 174 000 27 28 WR108 Deep Creek Bridge 5 $ , 94 000 wRO39 Difficult CG. 3 $ , 456 320 29 wR137 West Divide Pipe ~ 4 _ $ , 88 000 34 WR060 MB-Snm Wilderness Trail 1 $ , 37,671 31 32 WR107 WR041 Coffee Pot Gravel Crushing 4 $ 160 2 0 S 33 WR037 Marvine CG. Camp Hale Group CG. 3 3 $ 28.000 34 WR036 Cow Creek CG. 3 $ 443.337 35 WR056 Mesa Cortina - 1 $ 881,208 ~ 46,500 36 WR057 Rifle Dispersed/Trails 1 $ 196 419 37 38 WR102 wRlo Dillon Site Paving 4 $ , 66 435 5 Sapphire Point Trailhead 4 $ , 39 WR059 Holy Cross Wilderness Trails 1 $ 31,050 Carter Lake #1944 52,687 Lyle Lake #1919 ' 11/14/88 CAPITAL INVESTMENT PRIORITIES WHITE RIVER NATIONAL FORI'ST (OVERALL continued) -------------------------------------------- PRIORITY 91P NUMBER PROJECT CATEGORY COST 40 WR132 Four Mile Rd. 4 $ 104,000 41 WR062 Blue River Toilet Rehab. 2 $ 100,000 42 WR063 Heaton Bay Toilet Rehab. 2 $ 200,000 5.805,877 , b 11/14/88 CAPITAL INVFSTNIEAIT PRIORITIES 6dHITE RIVER NATIONAL FOREST CATEGORY 1: TRAILS RIORITY --- CIP NUI~4BER ---- ----------------------- PROJF,CT ----- - --------- - COUNTY ---- ----------- DISTRICT ---- --------- COST 1 2 WRO51 ------- ---------- Hanging Lake #1850 -------== Garfield ===g=====__ Ea le _______________ 66,600 3 WR052 WR0 Turret Creek #1832 Eagle 59.902 4 53 WR054 Peaks Trail #45 E Summit Dillon 75,000 5 wR ast Creek #1963 Pitkin Sopris 33,p51 6 O55 Haystack Mtn. Loop #1961 Aspen 49,580 7 WR058 WR056 MB-Sm Wldnrs Trail M Pit.& G. Sopris 8 esa Cortina #32 Summit Dillon 46,500 9 WR057 W Rifle Dispersed/Trails Garfield Rifle 196.419 ~~ RO59 Holy Cross Wldnrs Trails 52,687 ~~ Carter Lake #1944 Eagle Sopris Lyle Lake.#1919 Pitkin " TOTAL $617,410 POSSIBLE FUTURE PROJECTS -OR- FOREST FUNDED WR Geneva Lk.-Trailydr Gunnison -------- Sopris --=====93=====_ 21, 4 Pass #1973 X ~ WR Hubbard Cave #1910 X Garfield Sopris 9, 1 WR Aspen-Norrie #1927 X Pitkin Sopris 2 08 S WR South Thompson Cr. Garfield Sopris 6' .504 #1952 n Y .. .. ~. 11/14/88 CAPITAL INVESTMENT PRIORITIES WHITE RIVER NATIONAL FOREST CATEGORY 2: RECREATION REHABILITATION PRIORITY CIP N0. _______________________ PROJECT ______ _________ COUNTY ____________ DISTRICT ___ ____________ COST 1 WR061 __________________ Prospector Toilets _________ Summit ____________ Dillon ___ $ ____________ 275 000 2 3 WR025 WR012 Camp Hale CG. Rehab. Eagle Holy-X $ , 75,000 4 Blanco Toilets Rehab. Rio Bl. Blanco $ 48,000 WRO10 Maroon Toilets Rehab. Pitkin Aspen $ 33 000 5 WR013 Maroon Valley Rehab. Aspen $ , 54,460 (Silver CG's &Portals ) 6 wRO14 Redstone CG. Rehab. Sopris $ 257 400 7 8 WR017 Prospector CG. Spurs Summit Dillon $ , 32,000 WR018 Dillon Host Sites Dillon $ 36 000 9 WRO19 Deep Creek Overlook Garfield Eagle $ , 23 600 10 WR020 Fulford Cave CG. Eagle Eagle $ , 8,000 11 WR062 Blue River Toilets Summit Dillon $ 100 000 12 WR063 Heaton Bay Toilet Dillon $ , 200 000 TOTAL $ , 1,142,460 POSSIBLE FUTURE --- PROJECTS ----------- ---- ----------- None _____________ Ruedi Marina Dock _________ Eagle ___________ Sopris ____ $ ___________ 4,000 Replacement r,_ 11/14/88 CAPITAL INVESTMENT PRIORITIES WHITE RIVER NATIONAL FOREST CATEGORY 3: RECREATION CONSTRUCTION RIORITY ------- CIP NUMBER _________ ---------------==== PROJECT ___________ =COUNTY===== --- ------ _------------ __ DISTRICT -- __ - ___________° COST 1 2 WR022 WR032 ________ Vault Dump Sites _______ E/RB _ H-X&Blanco _ $ ____________ 000 336 3 X033 Bogan Flats CG. Deep Lake CG Gunnison So ris p $ . 286,000 4 5 WR038 wR . Meadow Ridge CG. Ea le Garfield Rifle $ $ 65.000 000 174 6 O39 WR041 Difficult CG. Pitkin Aspen $ , 456 320 7 X037 Marvine CG. Camp Hale Group CG Rio Blanco Eagle Blanco H $ , 28,000 7 TOTAL WR036 Cow Creek CG. Summit oly X Dillon $ $ .420,000 881,208 $ 2,646,528 _______________________________________ -----------_POSSIBLE FUTURE PROJECTS COUNTY PROJECT DISTRICT COST x x x x x x x x x x x x Eagle ~~ Cross Creek CG Tigiwon Lodge Water System Holy Cross no estimate ~~ .. .. ~~ Lede Rsvr CG Eagle ~~ Garfield East Elk Trailhead Rifle ~ ~~ Pitkin '~ Maroon Entrance Aspen ~~ Lower Maroon Trailhead '~ ~~ Garfield Trappers Lake Amphitheater Blanco ~~ Eagle ~~ Ruedi CG. ~~ Sopris 000) ($115 Summit Freeman Mesa Boating Offi ' ~~ . ($92.000) Garfield Pitki cer s Gulch Three Forks CG. ex ansion p Dillon Rifle no estimate ($32 000) n (wRO4o) Avalanche & Janeway CG.'s Sopris , ($202.000) Costs in ( ) are _. estimates. 11/14/88 CAPITAL INVESTMENT PRIORITIES WHITE RIVER NATIONAL FOREST CATERGORY 4: ROADS PRI. CIP N0. COUNTY -------------------------- PROJECT --DISTRICT == == COST =______ 1 WR104 -- Eagle -------~-----------------------= Eagle-Thomasville Rd. ====g==~==p== Ea le So r. == $ ===3=====___ 6 6,400 2 WR131 Gar. Rifle Access Road Rifle $ 28,000 3 wR139 Pitkin Independence Pass Paving Aspen $ 69,000 Weller Lost man Independence Town site 4 WR101 Eagle Holy-X Site paving Holy Cross $ 58,000 5 WR106 Muddy Pass Road Holy Cross $ 273,900 6 WR138 Pitkin Upper Fryingpan paving Sopris $ 109,000 Chapman CG Rocky Fork 7 WR107 Eagle Coffee Pot gravel crushing Eagle $ 160.250 8 WR102 Pitkin Dillon Site paving Dillon $ 66,435 9 WR105 Summit Sapphire trailhead Dillon $ 31,050 10 WR132 Gar. 4-Mile Rd Sopris $ 104,000 1.536.035 CATEGORY 5 - BRIDGES 1 WR108 Eagle Deep Creek Bridge Eagle $ 94,000 2 WR136 Gar. Rifle Creek (3 bridges) Rifle $ 75.500 3 WR137 Mesa West Divide Br. (install pipe) $ 88,000 317,500 RESPONSE FORM We need your help in developing planning direction and emphasis for the recreation and fisheries programs on the White River National Forest. and Arapaho National Forest in Summit County. After reviewing the Recreation and Fisheries Amendments, please give us your comments. We would especially appreciate information on: 1. 2. 3• Caring for fhe (Anc! and Sensing People) 4 . Address: Are the broad emphasis areas and goals appropriate? Have we included a balanced mix of objectives? How would you prioritize recreation and fisheries projects? Are there ones we missed? Your name will be added to our mailing list for follow-up information on the Recreation and Fisheries Amendments. ~/ Please check if you would like to be included on our overall Forest Plan Mailing List. Please fold in half, tape, affix a stamp and drop in any mailbox. Thank you for your interest. •panuz~uo~ Stamp WHITE RIVER NATIONAL FOREST P.O. BOX 948 GLENWOOD SPRINGS, CO 81602 White Riper Nationa0 Forest P.O. Box 948 G1enWO®d Springs, CO 816®2 Planning and Environmental Commission March 27, 1989 3:00 PM Site Visits 1:30 PM 1. Approval of minutes of 2/27/89. 1 Mike M. 2. A request for a variance to maximum height of wall on Lot 5, Block 1, Potato Patch. Applicants: Georges and Jocelyn Boyer 2 Mike 3. A request for a side setback variance in order to construct an addition to a residence on Lot 2, Block 5, Intermountain. Applicants: William Pierce and Lynn Fritzlen 3 Mike M. 4. A request for a side setback variance in order to construct an addition on Lot 10, Block 1, Vail Village 6th Filing. Applicanto Charles Ackerman 4 Kristan 5. A request for a side setback variance in order to construct an addition to a residence on Lot 3, Block 1, Vail Village 11th Filing Applicant: Russ Pitto 6. Appointment of PEC board member and backup to DRB for April, May and June. 1 ~ ~~ ~ ~~, ~, gown o ua~ " date ~e6easede 3/28/89 depa~tmento Administrative Services press release pages 1 of: 1 C~~ta~t pe~S~~e Ron Phillips The Town of Vail reported Tuesday another substantial monthly increase in sales tax revenues for February with a 24.7% increase over February of 1988. That represents a 13.7% increase over the sales tax revenue budgeted for February. This increase comes on top of a 28.1% increase in January 1989 over January a year ago, and a 17.3% increase in December sales tax over December of 1987. Town Manager Ron Phillips said these increases represent more than $20.8 million additional dollars spent in Vail in December through February than during the same three month period last ski season. "This represents a phenomenal increase in business for Uail this ski season," Phillips stated, "and can be attributed to a combination of the opening of the new China Bowl terrain and the publicity surrounding the Vail Ualley hosting the 1989 World Alpine Ski Championships." Real estate transfer tax collections also continued strong in January and February with over 40% of the 1989 budgeted revenue collected in those two months. town of veil ~ 75 s. frontage road ~ veil, Colorado 81657 a (303) 476>7000 D dg' 7o~d of SAIL SALRS YAY RSPIDAYIOW DORASBRRT DORPB 1980 1981 1982 1983 1984 1985 1986 -------------------------------------------------------------------------------------- Jannary 626,448 514,102 675,186 696,752 742,262 881,304 890,585 Iebruary 624,040 594,292 681,192 151,856 824,650 918,154 946,552 -------------------------------------------------------------------------------------- Subtotal 1,250,488 1,108,394 1,362,978 1,448,608 1,566,912 1,799,458 1,837,137 -------------------------------------------------------------------------------------- Darc6 683,000 691,464 853,648 917,828 1,084,814 1,181,520 1,316,652 April 246,820 308,436 355,300 319,546 481,204 531,668 430,877 Day 89,180 135,774 197,378 156,588 166,200 162,912 244,987 June 176,044 245,204 247,316 251,744 262,696 280,828 361,627 July 281,846 339,418 349,116 401,414 406,462 447,815 479,507 Augnst 268,052 332,724 348,756 384,338 402,192 386,985 512,513 Septesber 176,090 285,918 268,598 324,610 384,864 340,102 314,060 October 131,376 225,024 223,830 198,614 206,248 209,282 237,504 Rovesber 140,630 210,254 245,894 281,704 310,588 229,083 378,657 Deceeber 590,242 820,762 137,506 853,100 906,158 905,955 1,167,280 --------------------------------------------------------------------------------------- YOPAL 4,039,T68 4,709,312 5,140,330 5,610,214 6,179,538 6,481,608 T,338,801 1981 1, 063,196 1,135,786 2,198,982 1,378,782 425,961 245,518 331, 581 479, 201 536,904 442,402 273,951 386, 270 1,245,612 7,945,164 ~ Cbange ~ Change 1989 1989 fron fros 1988 BODGRY ACYOAL 9ariance 1988 Budget -------------------------------------------------------------- 1,115,130 1,210,000 1,429,000 219,000 28.1 18.1 1,230,520 1,350,000 .1,534,762 184,762 24.7 13.7 2,345,650 2,560,000 2,963,162 403,762 26.4 15.8 1, 593, 588 1, 642, 000 565,626 450,000 174,468 200,000 328,328 360,000 559, 883 550, 000 576,146 580,000 421,939 440,000 292, 939 265, 000 375,595 380,000 1, 460, 819 1, 455, 000 --- ---------------------------------------------------------- 8,694,839 8,882,000 2,963,762 403,762 TM 75 sou4h fron4ag® road vail, Colorado 89657 (303) 476-7000 office of 4he mayor March 27, 1989 Ms. Anne D. Fitz Gore Range Properties, Inc. 511 Lionshead Mall Vail, Colorado 81657 Dear Anne: ~1L,19~9 Thank you for your letter and petition concerning recreation improvements in Intermountain. I can assure you the Council shares your interest in having improvements made in that area and have made tentative plans to implement some of those. The Stephens Park improvements are tentatively scheduled to begin in 1991 in our latest revision of capital projects under the real estate transfer tax revenues. The Intermountain area also is included in the recreation path plan which began to be implemented last year. The projects for recreation path development have been prioritized mainly on the basis of safety concerns where we have the highest number of pedestrians and bicycle riders. The Town also has been talking with the owners of the abandoned swimming pool site at Intermountain in an attempt to purchase that property so that it can be cleaned up or encouraging the owners to do so. We hope to have a resolution to that issue by this summer. Intermountain street improvements are also scheduled to be done either in 1990 or 1991 depending on availability of capital funds. The Town Council has made a strong commitment to putting a vastly increased amount of capital funds toward street improvements throughout the community. There is one way in which you and your friends could also help us. The western part of Intermountain has never reannexed to the Town of Vail Ms. Anne D. Fitz f~larch 27, 1989 Page 2 and it would certainly help in the continuity of all the projects mentioned above if that reannexation could take place sometime this year. If you know of any property owners in west Intermountain who would be interested in circulating the petitions for an election for annexation, please let me know or call Ron Phillips or Larry Eskwith at the Town offices. Thanks again for sharing your concerns and ideas with the Town Council. If you have any further questions, please do not hesitate to let me know. Sincerely, ,~,,s/~~ 1//G/ ~C;^,~~ Kent R. Rose Mayor KRR/RUP/bsc cc: Interested Intermountain Residents REC'0 MAR 2 3 199 ~~~~ ~e weer and Gardens" Vail 21 Building. 511 LionsHead Mall, Vail, CO 81657 Telephone (303) 476.2482 March 18, 1989 The Town of Vail 45 So. Frontage Rd. Vail, CO 81657 ATTENTION: Vail Town Council Members Dear Vail Town Council Members: It has come to my attention that somewhere around $800,000 from the Real Estate Transfer Tax has been set aside and that discussions as to how to use those finances are in beginning stages. As a homeowner in Intermountain I have had serious concerns about the lack of attention given the subdivision. I propose to the Council that careful consideration be given to the construction of a park area in Intermountain. Among the biggest problems that the subdivision is faced with is the lack of "pride of ownership" shown throughout the various neighborhoods, and I feel that the Town has been negligent in policing the problems that go hand n' hand with that i.e. abandoned vehicles, trash problems and our biggest "black eye", the old swim club. I should also mention that my concerns stem from the fact that I have been watching girls walking their baby strollers on the frontage road for the lack of a better, area and that the second parking lot that stays chained at the Timbercreek Lodge is the only safe place for children to ride their bicycles. I have attached a list of Intermountain homeowners who are anxious to see the Vail Town Council give Intermountain the attention it so badly deserves. RE~~~ Vail Town Council Members March 18, 1989 Page 2 Your cooperation in taking our request under advisement will be greatly appreciated. Cordially, GORE RANGE PROPERTIES, INC./ BETTER HOMES & GARDENS r~ ~±: Anne D..a itz Sales ~~A~ssociate ,'~..~ AF/ lb AF-INTER . , . v~~~ .~ ~~ We, the undersigned Intermountain homeowners, urge the Vail Town Council to dedicate funds towards the construction of a park in our subdivision: ' ~, n - - ---------------- -------- ------ -- ..__ ~. ._.- - - -- - - ~~Jt~ --- --~1~.__._.,. _.___. _------ ,~S~S___.. --- - --- - - z ~ ~- ~ ~. . - - -___ ~~ . _ __ ___------ __--.___-- -. ~ ~ b~ _--.-- --. __ -- - _ ----.----.- _- - - -- ~, ., -- ~- n ~--- . - ~ i, .,,r~~ j , C`2. C ~ L~~ vc ~-~-Q- ~ /~ G /,, ~: ; --- 3799 HIGHWAY 82 P. O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 March 24, 1989 Mr. Ron Phillips, Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Ron: Thank you for your letter of March 7 indicating a renewed interest on the part of the Town Council to negotiate a possible purchase of the Holy Cross lot on South Frontage Road in Vail. We were able to discuss the proposal only briefly at the last Board meeting and management was instructed to investigate the various options for the property and to report such to the Board at their next monthly meeting for further discussion. Again, thank you for your continued interest. Sincerely, HOLY CROSS ELECTRIC ASSOCIATION, INC. ~~ Edward L. Grange, General Manager ELG: vk R~0 MAR 2 7 1~~~ f~~~~~~f~~~~~, ~ ~~. tEA CODE 303 945-5491 CC: David Sage, President Holy Cross Electric Association, Inc. I~e~~ta~e ~ablev~s~®~ ® P.O. Box 679 Silverthome, Colorado 80498 (303) 468-2222 March 15, 1989 Town of Vail The Honorable Kent Rose 75 South Frontage Vail, Colorado 81657 Dear Mayor Rose, I'm writing to inform you of an immediate change coming up concerning our channel line-up in your community. We have been informed by our program distributor that as of March 22, 1989, they will no longer be able to supply us with KDVR, Channel 31 out of Denver. This decision was entirely their's and we had no control whatsoever in it. We regret losing KDVR, as I'm sure some of our subscribers in your community will, and I felt I should inform you. We are in the process of determining what we can replace KDVR with. We have received many requests for different and popular additions. We plan on having no black-out period on that channel. I thank you in advance for your understanding and urge you to call me if I can be of any further service on this matter. Sincerely, Heritage Cablevision ~~e Gene Garton President/General Manager of Colorado GG/jd tp EAGLE VALLEY TV METRO DISTRICT PROMOTIONS COMMITTEE MEETING MINUTES MARCH 16, 1989 MEMBERS PRESENT: Jerry Davis, Mike Cacioppo, Mike Robinson, Norm Wood, Bill James The meeting was called to order at 11:30 AM. Mike Robinson reviewed some of the questions that need to be considered as possible questions that may be asked by the public, i. e. why does Eagle Valley need the system; what will it provide; what equipment will be needed to receive the signal; how much will it cost; what will happen to cable TV rates if this passes. He then provided a summary of the March 13, 1989, promotions committee meeting. Norm Wood stated that the District Service Plan will be presented to the County Planning and Zoning Commission on April 5, 1989. Discussion on getting the voters out to vote followed. It ~~~as suggested that ten people should be contacted and then those ten people should contact another ten people, etc. Discussion followed on the time schedule from the District Court date to the Election date. The goal is 1000 commitments fora positive vote. l~Jood stated that some research had been done on information that possibly be included in a brochure or flyer, such as the purpose of the district, a description of the boundaries and maybe why the need for an election, how will the district be funded, how will the mil levy effect property taxes, etc. Discussion followed on the possibility of Berry Creek being excluded from the TV District and how to approach them regarding support. It was suggested that the Metro District and homeowners should be contacted. It was suggested that one copy of the registered voters in the district be obtained. Bill James provided an outline of the information for the brochures. Wood stated that more. funding would be needed for the promotion. Mike Robinson stated that he would submit a check for $500.00 to cover initial promotion costs. This is one half of the amount he previously committed. Discussion followed on the information to be provided in the brochures. James stated that the Staff would do the rough draft. This can also be used by the calling committee. Discussion followed on putting together a slide show for the presentations. A five or ten minute presentation should be sufficient. Eagle Valley TV Metro District Promotions Committee Meeting Minutes March 16, 1989 Page 2 _ _ _ Wood stated that letters had been sent to all the Districts, stating that the Committee would meet with them at, at their request, ~~nytime prior to the Public Hearing before the County Commissioners. The next meeting of the Promotions Committee was set for 11:00 AM, March 30, 1989, and a general membership meeting at 12:00 tdoon, in the Town of Avon Council Chambers. Discussion followed on the mailing of the postcards. The meeting was adjourned at 1:15 PM. Respectfu ~ j ~~ -. .-.'~ Charlette Recording lly submitted, =- ~~ -; Pascuzzi Secretary -~ ~7; --{ - _-- r-:: - . ~~~';' i ti C _i .~'t ~'i" __.. .... i +?L f'. `. _ __ : L_(~:I~•; -- r__ _:?'tom` i f= t_ _ r _.. .c __ ,_. _ _ i=t. ?fi?'t-C- ~-'t'JS 2 _?'~='i-it Gr h`SG~~=='F? Gi ric~.t-iit . t r ~ ~l _ a=. ,-r c~.E~i'?'!_?i_surs +_r~r r__t ;'ICS F`lat~ ti_'r E_'+_i?_>= _t~t_:rt~4' ~'==f~tf~2r:+~s t' ' 7 r _ r-'L{[: i i C i ice' =!t I r:~ ~ °-; r='~F _~~C+~tt' s t=,~- 1'L~t {fli'tu _+=rra~ii _~ Vt'=~r c .n -.: -. _ tires.=f-=_ 3'_~j- 1 lG7 - .~. ~_ ~~~.. ._.. ..`C'c.! _. ~7" t~_~tl: f,_...~..____±..~:~. _ t-ir'i_'t;=~_ ~'~°_~_. _. _.. r_Jl-' ~+' `_~f-ti i _f'1_i - _ r..-. ,. _. ..... : ~~. _. ~ ~ .. ~ ~ ~_ ._. _.. _ , , ~ _ - .1 i.: `r' f-! (_ i. a ~. __ . _ ..._.: [ .~. _ _ 1. _.. ; L: ~~ ",,: i i : ~! ~_ _ C_ _ L t_'!'- = t ri r -- ._ ~.. _. .. 1 __ .. r1t-=. _ f`Jt_._-_ ~.Gt-t- ~'..:~ ~!_c:'_:Lr .. i:i_~9.:: J- -Ir~:. 1`t C? ~- _ ~. ,_..,r...C:r.,3 t,le.3t-~~~?~~:r=t r!.it.t ~ .._d.'t ~i:rl r_1~ r'~i-'~i!._ G" ~i~c!t-2rs~_ 4/ _ ; Y.~' Fi. Ld~t ~L`-j ~LiY' ~]_iilSiZ L,T Ei:C'_isi~Jrt r?t2tii=rrt 1''iay I~ q i~r84` i. -{~l~ir~ r~lew~papcr- F!~t;licaticrrf uT tuuti%e o-f }ie~r-inq_ tray i~, I9,^_.9 J . Di stfi ct Cuur-t Heat-i ng (el ecti Grc date set i t~lay~4; 1~d4 k::. First tdel~,spaper Pf_cbI i cati can G~ Y•ioti ce Gf E1 ecti Grt t~Z.lr~fe 1 y 17~Q"f .~ ~ ~.. i•.i<_r(7?ti~:-.~? _+E': ~~tj~; =_ ±tiS '^+_+r :JIB=f'1<=~+= ~':t-e~C'tut-= i il~{~ S'?t"~i'i . t r _ Lti~ f. _ _ ` ~ .`r_i r. i _ .. _ - _ _ c t+ i r,._ i~~ i._~_t. L'c-`y _<_i n~~_i °Zc•" i ist" ~~rt-r?_~ ~;q F' ~•;G2C+~ Ci-f ~i.~'~_2Gi"t ~Cr~_i.it~' w.~`_ ~'r~il3rtr ~i~.C,~ ~:'. Lct~~ r1`.~~: +=C-+ 2=+F+(:rl ` r-~+t- hit+~'E'fl'}_F% r:d~ 1 [rT F'. ci ~:CL7'~l; i~ci j' ~~T _. {~._r_L.LTiI._~.iG'' Cr F' C1. F'+-t 2!:Jf: ^.CL'?'t-rl ~- F1.1C~7 {~l1 i~f7 L:i_,t:~~- r~ - ... ~!.~C= ~';_~ i=~' _,- i_~t... r;L l~: :. ._~-~.-i.it; _. __ 1~t~r_-'--1 r-r IJ .i l- ~_~!-{i r,~~ _ _ _ r..- REC'C MAR 2 8 1989 h~ATURAE EbVERGY RESOURCES CO(UIPAIVV P. O. Box 567 o Palmer lake, Colorado 80133 ~ (719)481-2003 ~ FAX (119) 481-4013 March 26, 1989 Representative Samuel ~~illiams House Minority bJhip State Capitol Denver, Colorado 80203 Dear Representative 6Jilliams: Thank you for your letter on state water planning and Two forks. To initiate long overdue state water planning, we•respectfully suggest a simple bill. similar to the following: 1. The Colorado ti~ater Conservation Board is directed to develop a statewide water plan, based on objective natural resource considerations that transcend Colorado's historic inter-basin devisiveness. 2. The plan's objective is to provide a guide for water developers, the public, and local, state and federal permitting officials, to achieve balanced use of Colorado's water for maximum environmental and economic benefit. 3. The plan shall include a comprehensive quantity and quality inventory of the state's total water resources, and a long range estimate of each area's future needs. This includes identification of water surpluses, shortages, and areas where Colorado is losing entitled water to down river states. 4. The plan shall be used as an advisory guide to supplement Colorado's existing water laws in this age of increasing environmental concern. i~ith regard to proposed House Joint Resolution No. 1012, its passage would be a major mistake for Colorado. Two locks was conceived ~•~ithout review or regard for the state's total water position. Tts construction would only worsen the serious imbalance that already exists with over depletion of the same headwaters that flow through Metro Denver's closest recreation areas. Denver officials engineered a similar resolution in 1984, that effectively locked the Corps into only considering Colorado's South Platte dam alternatives. I3ven a cursory state water plan would show Colorado has several less damaging options. for example, the state's river environments, water quality, recreation, and irrigation could be economically enhanced if a small fraction of the untapped Gunnison's wasted flood waters were pumped into high altitude storage for use by Denver and both slopes during multi-year droughts. Instead of a resolution that exacerbates Denver's past mistakes, suggest a resolution similar to that passed by the farsighted Town of Buena Vista. Sincerer, /,/,, •/ ~__ - Allen D. (Dave)-Miller, President ADM/bm cc: Colorado Legislators, Governor Romer, I?PA Administrators Reilly & Scherer Atchs: Letter, March 22, 1989; Proposed Res. No. 1012; Res., April 12, 1988. D ~~ ~ State Representative ~y~`'~~ ~~ SAMUEL WILLIAMS C3ox 2159 098?_ High Point Drive Breckenridge, Colorado 80424 C O L O R A D O tiome~453-1586 HOUSE OF REPRESENTATIVES Business: 453-2863 Capito1:866-2920 STATE CAPITOL ~'~~"'S DENVER 80203 March 22, 1989 Mr. Allen Miller, President PJatural Energy Resources Company Box 56% Palmer Lake, CO 80133 Dear ~1r•. Miller: HOUSE MINORITY WHIP Member: Agriculture, Livestock, and Natural Resources Committee State Affairs Committee Thank you for your corrspondence and efforts in references to Two Forks. I would appreciate receiving additional information concerning "modest statewide water planning." I am also enclosing a copy of House Joint Resolution .1012 for your comments. Thanks again. Sincerely, ~~ Samuel Williams State Representative SW/jw encl. First Regular Session LLS N0. *89 OP39/1 Fifty-seventh General Assembly STATE OF COLORADO ~~~~0~`~~ BY REPRESENTATIVES Anderson and Grampsas; also SENATOR Owens. HOUSE JOINT RESOLUTION N0. 1012 1 WHEREAS, The decision regarding the construction of Two 2 Forks dam is important to all Coloradans; and 3 WHEREAS, The Army Corps of Engineers has formally 4 approved the permit for the construction of the dam after 5 expensive and time-consuming negotiations; and 6 WHEREAS, The regional office of the United States 7 Environmental Protection Agency has thoroughly studied the 8 issue and, after extended negotiations, produced a consensus 9 document covering its area of authority; and 10 WHEREAS, The Army Corps of Engineers and the regional 11 office of the Environmental Protection Agency have reached an 12 agreement as to the particular mitigation activities to be 13 required under the permit; and 14 WHEREAS, The regional officials of the United States 15 Environmental Protection Agency are more sensitive to the 16 local environment, needs, and preferences, and the Army Corps 17 of Engineers, by long involvement with the permit process, is 18 thoroughly familiar with all aspects of the proposed project; 19 now, therefore, ' 20 Be It Resolved b~ the House of Representatives of the 21 Fifty-savant General ~ssemb-Ty o~the State of Co orado, the 22 Senate concurring Ferein: 23 That the decision as to whether or not to proceed with 24 construction of the Two Forks dam be made at the local level, 25 by regional offices of the federal a encies with input 26 from the appropriate state and local agencies, y Coloradans 27 who have access to the data gathered by the regional offices 28 of the United States Environmental Protection Agency and the 29 Army Corps of Engineers, and to the expertise and agreements 30 achieved by these federal agencies during their extensive 31 study and negotiation periods. ~api/n! IrPPers indicate neea m~feriel fo be added (o ~zisfinp, afaluf~ ®~~he~ Phr~ugh the eaorrl~ dndlcele d~letion~ frorta e~cdslin~ aP~lufe. s ame~r-ded -~a1 reading NiAR Z 2 1989 USA ~~ It I(';t 11.11'1' I l ItJ l1llEltl:!\~;, tIIC' I)i:111,'i.'1' '..:1fC'I Ii,l;lld Il;r s appllell Illl It'dE'r;rl pelflllt::i t() construct Two I'orly. Res,•r v;,ir on the :; oath I'lntrc River lur storage of addition:rl '::at crs dirrrcrd fr~',m rll~• Ulrpcr (:ulurndo River cribut lr'ics a d , ; n Flllh:kl'::\5, tbr;e lll,l,rl Colorado rribur ;lries have already been seriously dew:lcel-ed l~~I- I'.:I':C. 51c,I),' i',1 'n\:f-I1; ;111•.l - ldlll':Ith:Ai;, [Ile Ilr;~h~,;;,•~.I 'I'wu Purl:; keser voir will I)erln;lni'nCl`; desCroy .nl irrchlarcahll• :,rcnir 1';Inplnl and ~,•nrld clas s fishery; al~d WIII_I;h::\ti, Urnvr:r's pla nned adtiil iunal Illtl)Icrillns of Chc Upper Colorado arul S.,utll I'lat [t: kivc`r I Ifi \J `; 1J111 further jeopardize lJildli[e, recreation, and tourism l ur i:olornd,l'~ i'::l;;r nn~l 4:est: tilopes, ns '.Je.l l as for t:ebraslur; :r ntl ldlll`.itEAS, the recent I•: released Pinnl Flecrnpolit;nr Ucnvar 4'later .Supply Envirulmlent:al Impact tiratc;nr•nt ISIS) lailed Co carefully evaluate ~er~l known :Ilecrnnaeive:: th.rt .Ire pur.enriaLlY less dama};tng and more ef,(icunt Chan Ucnvrr's ;ioui.h l'laetc /llppcr G)lorndu River opr.i.ons; and 1:'llh:kli.1".'I'hr NnCiunal I.nvironlcnlal I'oLicy r\c't (NI?I':1) spocilically rcgrlir~•s ;I I borough evalu:ll ion of all ren::onablc nlCernntivr.s ill ;nr I{I5. S/11GItIiA5, Cliloradu sCnr,~ agencies and ehe 11.5. Bureau of keel;uu:ICion recug-nine the pureutial ul~ t. he Gunnison kiver and are carrel;tLy studying the overlooked Upper Gulluissun Basin as a IUCUI-C water source fur Coloruk,':; East Slope };ruwth; 41111:REAS, cllere is gcx)d reason to believe Meteo Denver's water needs can he met' '.Jitll other Ie_;s daw:rgint; upt.iuns such ;IS sr.r.ictcr water ci,nser- vnt'ion me:;sw'es, diversions from the untapped Upper Gunnison Basin, and farm-to-ciCy recycCi.nti ;Ind exchan~us; IJIIItRF.:\5, due: Co Colorado's slower growrll, then is now :;ufliciunr. time Cu thnrou};hly consider the vi.abla: ~.JaCCr aLtenulCives tlrnt were overlooked in the tlerro Denver Ii:IS; 41111f.ltl.AS, Covr_rnur Kr.nuer plans to announce Iris reccnunlendatiuns regardinl; thi: pcrmi[tin~; uh 'I'wn Forks Itescrvoir hY Cbo 5th of May 19Hti, whielt i5 t:he uud ut the ulliclal h;LS public conuuunC period; ldllEkF.t\S, if 'Pwo Por-ks Reservoir believe the ensuing conflict with seriously Garnish Colorado's nnti.onnl economic devclopnre.nr; is approved, there is f;nud reason Co national enviromental grr.lups will image and unnecessarily re[;u-d !Jllfath;:\C, tl,,. !!.}'. n.ta,', !:;;rl.:: ..( I?I;}:i•n:crs his ;unl pc~rmitttn}; ullicials have publi~::rlly staCCd they frill uot' override ;1 govurrior's recummernlatiun; NUW '1'IIEkEI'UkE, he it resolved that the "I'o'wa of Bucun ~'ist:r Ilerchy deCL;rtes, in tho public ir~CCresC, t:haC Governor homer should wiChhold any sCate en.lorsemcnt or approval of a major South Platte reservoir until all. reasonable op ions have thoroughly evaluated. Fure.hcr, this resolution shall b,' rend ;Ir one u( Chc schctluled EIS public hearings and convuyod in wriCing to r.he };ovcrnor prier- to Mary 5, lytiri, with copies I:o Denver's Mayor Pena :nnl tlrc Um:rlla ;,ffite of the Corps of Engineers. Civcn under niy hand nod t'he se:;l of nc~ 'fowl) uF Bui•na Vista, Colorado this 12th day of April, Idriri. A"f 'h:5'I': / / / wrr (;Icrl: ~~ John G. Plry@r Mayor - + '~ TM two uai~ ~i 75 sou4h fron4aga road vall, Colorado 89 657 (303) 476-7000 office o~ 4he mayor March 24, 1989 The Honorable Roy Romer Governor of Colorado 136 State Capitol Building Denver, Colorado 80203-1792 RE: Senate Bill 60 Dear Governor Romer: ~~-~- VAIL 199 The Jail Town Council has asked that I write to you requesting that you sign Senate Bill 60 into law. It is our opinion that Senate Bill 60 will benefit all of the people of Colorado and is important legislation which needs to be enacted. Sincerely, Kent R. Rose f~layo r KRR/RVP/bsc ~~~Il ~~~~~ ~1L~`~~~~~ ~~~~~~~~~~1 ~y ~ d 'tl~e 3799 HIGHWAY 82 P. O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 BCD MAR 2 4 1989 March 23, 1989 Mr. Ron Phillips, Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Ron: On Thursday, March 23,.1989 the Colorado House of Representatives passed Senate Bill 60 sponsored by Senator Wattenberg and sent the bill to the Governor°s desk for his signature. This is good news for Holy Cross Electric and its consumer/members including residents and small business owners in your municipality. This legislation will enable our power supplier, Colorado-Ute Electric Association, to continue. to charge on a uniform flat rate basis rather than on a demand-energy basis. As with the case of many regulations, there are winners and losers. The losers, major oil companies, have actively fought this legislation and will seek use of the Governor's veto power to attain their goal. The winners, residential and small business owners, need your help to overcome this opposition. This legislation is very important to Colorado's ski/tourist towns because, if not placed into law, it will have negative financial impacts through increased utility costs. Because of uiis impact, Colorado-ski Country USi~ has taken a very ac:ti~se role seeking passage before the Colorado. legislature. As time is critical, we ask that you immediately write Governor Romer urging him to sign into law, Senate Bill 60 because of the .impact it will have. on citizens within your community. In addition, a resolution of support passed by your elected officials would be most helpful if time permits. If our effort fails, Holy Cross will see an annual wholesale power increase in excess of $500,000 which must be passed on to its consumers, many of whom reside within your community. I have enclosed a fact sheet prepared by Colorado-Ute for your review. If you have questions, please call. Again, time is of the essence!!. The Governor°s address is: Governor Roy Romer - 136 State Capitol. ;Denver, Colorado 80203-1792 Sincerely, IiOLY CROSS £L;_,CTAiC AS:~GCIhT.IOid, I2v~. ~~ Edward L. Grange, General Manager eorA CODE 303 45-5491 ELG:vk Enclosure L 6+ftrat S,B, 60 da~es? 1111 S.B. 60 does is allow Colorado-Ute to maintain the status guo and retain • the flat wholesale rate unanimously selected, on a voluntary basis by all 14 of its customers, (although orre custaner, F2nprire Electic Association, now appears to want a different rate structure). It removes PUC regulation of rate design if Colorado-Ute, through its' Directors, chooses a flat rate design. The Directors are free to choose the rate design they desire. Any rate other t}ian a flat rate -such as a declining block rate or a danand acid energy rate- would still be subject to PUC review arrd regulation. The present bill represents a canpromise proposed by Ron Dinz, head of the Office of Consumer Counsel, which is charged with representing consumer interests. Who are ~lorado-Ute's Cust~ss? ' '1'liey are the 14 member systems who also own Colorado-Ute. They each have 2 members on tt~e Board of Directors which manages Colorado-Ute. ~~~ Are the rights of retail custcsr~ss denied in any way? NO!! Retail customers buy electricity from the 14 member distribution co-op, all of whom are deregulated by a vote of their members. Every retail custaner has t}ie right to the complaint process on rates, both to the Board of_Directors, and if not resolved, then to tt~e PUC. Oil companies such as Shell, Arnoco and C.cxon arm custaners of distribution co-ops and are entitled to use ttie complaint process available to all customers. Are the retail rates of Qoloradfl-Ute°s rr~n~r system discriminatory toward different territories of the state? NO!! 'I1re oil canpanies insinuate that poor areas of the state are subsidizing wealt}iier area of the state. One would have a difficult time convincing the farmer in Nucla or the coal miner in Craig that they were living and working in tt~e wealthy part of t}~e- state. In fact, virtually t}~e entire service area - of Colorado-Ute is depressed. '1'tie major reason some members pay more and ~_ some less under tt~e demand energy rate canpared to the flat rate is due to the differences in their load factor (tlie relation of demand to energy). Their _ load factor may change substantially depending on variables such as weather. Who endorses S.II. 60? Colorado Ski Country U.S.A.,, Colorado Rural Electric Association, the major ~ ' coal companies in Northwestern Colorado, Colorado Counties Inc., Tri State Generation & Transimission Association, Inc., Colorado-Ute and 13 of its 14 :~~~ member systems, And although the PUC n_ow wishes Colorado-Ute to cease using _ ~. ....the, flat rate, PUC approved flat rate in 1981 because it help put an end to ' promotional rates, while promoting energy-conservation. ~ ~~ Wtiy apposition to S..B. 60? v - . `I'tre largest opposition comes from the large oil companies, who would act_-ually benefit financially if ademand-energy rate applies to them, and it would be at the cost of all the other rural electric customers served by Colorado-Ute. FLrther, these opponents had other energy sources available, including gas or - self-generation, and yet they made the economic decision to use electricity :: under the flat rate system. S~arHnary The sole motivation of the oil c~rnpanies opposing S.B. 60 is to obtain a further reduction in their already low power costs. 't'his would ultimately " result in a revenue shortfall for Colorado-Ute which will )lave to be paid by ttie other rural electric customers both large and small. The oil oorriQarues° savings mould go to their out-of-state owners, wtule Qolorado°s citizens pay -~ more. Pr.~pared by Colorado-Ute Februaruy 3, 1989 a ,~ RECO MAR 2 3 999 ®re Mange ~ wetter ~~®~~~ies, inc. I ®~ Hol ]Cl~~o and Gardens a Vail 21 Building, 511 LionsHead Mall, Vail, CO 81657 Telephone (303) 476-2482 March 18, 1989 The Town of Vail 45 So. Frontage Rd. Vail, CO 81657 ATTENTIONa Vail Town Council Members Dear Vail Town Council Memberse It has come to my attention that somewhere around $800,000 from the Real Estate Transfer Tax has been set aside and that discussions as to how to use those finances are in beginning stages. As a homeowner in Intermountain I have had serious concerns about the lack of attention given the subdivision. I propose to the Council that careful consideration be given to the construction of a park area in Intermountain. Among the biggest problems that the subdivision is faced with is the lack of "pride of ownership" shown throughout the various neighborhoods, and I feel that the Town has been negligent in policing the problems that go hand n' hand with that i.e. abandoned vehicles, trash problems and our biggest "black eye", the old swim club:. I should also mention that my concerns stem from the fact that I have been watching girls walking their baby strollers on the frontage road for the lack of a better area and that the second parking lot that stays chained at the Timbercreek Lodge is the only safe place for children to ride their bicycles. I have attached a list of Intermountain homeowners who are anxious to see the Vail Town Council give Intermountain the attention it so badly deserves. aEnLtOd° e ., Vail Town Council Members March 18, 1989 Page 2 Your cooperation in taking our request under advisement will be greatly appreciated. Cordially, GORE'RANGE PROPERTIES, INC./ BETTER HOMES & GARDENS n. ~t '';~~ . Anne D `Fitz S.a`~i~Pssociate AF/lb AF-INTER .~ ~ v~~. -~ ~~ . We, the undersigned Intermountain homeowners, urge the Vail Town Council to dedicate funds towards the construction of a park in our subdivisiono '•~ ,: . a2~o_ ------------ .. d - _.. ., .. _ -_--------- ---- --- - -. ~ --.- -- -~ _ - -. ~~ -- -- ~ -- .~ae.~p c,~,,~ ~__~~ ~ .~ ~. ~ _. .:. ., . -- - -- - . _ w- - - ~ - _ __-_-___--._-.------- - ---- ----- ~s~s ---- _. -.. .,.,... -.~ . . _--.---- --.... -- - - - _ - _ _ - .ny ~ 3 . _ _ _ ~. ~~. - - .--_ .~ ~~~~ Lam. -1/~ ~~ U _ ------ -- - - _-. _- --- - - _-- - - --- --- - -- - ....._. -_ ._~__~ F . ,. ..~ ._ .. ,.. . . . -__..__--__ __ ___ ___ 70 --- ~.~ ._..--- m .. ....- ...:~. _____ . ,.... . - ~ c--c~c v ~-;~a a '~ two ~ ua~ 75 south frontage road vail, Colorado 81657 (303) 476-7000 office of the town manager RESULTS OF SPECIAL COUNTY BOND ELECTION, MARCH 21, 1989 -W1llB FOR AGAINST Question ~~1 - Administration Building 1,099 773 Question ~~2 - Justice Center Addition 852 1,015 Question ~~3 - Fairgrounds Indoor Arena 702 1,159 TOWN OF VAIL FOR AGAINST Question ~~1 - Administration Building Precinct ~~2 38 37 Precinct 912 51 54 Precinct ~~13 19 42 Precinct 414 39 44 Question ~E2 - Justice Center Addition Precinct ~~2 39 36 Precinct 412 42 43 Precinct 413 21 36 Precinct ~~14 34 51 Question ~~3 - Fairgrounds Indoor Arena Precinct 4~2 16 59 Precinct ~~12 11 95 Precinct ~~13 9 52 Precinct ~~14 14 71 Town of Vail Totals Question ~~1 - Administration Building 147 177 Question ~~2 = Justice Center Addition 136 186 Question 4~3 - Fairgrounds Indoor Arena 50 277 MINUTES VAIL VALLEY MARKETING BOARD Thursday, March 16, 1989 7:30 a.m., Town of Avon ATTENDEES: Committee Members Mike Beckley Jerry Davis Frank Johnson Kent Myers Kevin Payne Jan Strauch Alternate Members Tom Britz Others Sylvia Blount K.T. Gazunis Bill James Mike Robinson Charles Wick ABSENT: Alan Aarons Meeting called to order by Kent Myers. Minutes of March 9, 1989 meetin were approved as read. Frank Johnson.mot.i.oned.and Jerry Davis seconded the motion to approve the minutes. All members voted yes. Kevin Payne suggested formalizing the Board's name as the Vail Valley Marketin Board. Kevin motioned and Jerry Davis seconded the motion. All members voted yes. At this time, discussion was held concerning refining the operational philosophy of the Board and committee structures. Kevin felt we are making the process too difficult; that the Board, not the committees, is appointed to get things done. Kent expressed he wants the committees to bring their ideas and directions to the Board. Frank said it was time to pull all the ideas together and get working on them. Jerry said the Board needs to finalize what our product is and how we are going to best market it this summer. Jan remarked that the Board is making great progress, that the Board needs to think more singularly and said we have a brand name to sell, i.e., the Vail Valley. Jan also said the RFP's are out and we are going to get good information for decision making from the proposals. Kevin said the Board needs to give direction to the committees, not the other way around. Jerry said we need to come to a group consensus process to decide some basic issues. Jan said we just need to start formulating what story we are going to tell. Kevin said he was concerned about the committees losing interest as they are not getting direction from the Board. Kent responded that the committees need to put together their marketing plans and budgets for their committee to bring to the Board. Tom said the Finance Committee can be responsible for compiling all budget requests and putting it together in a total budget format for the Board. Kent said that the process today was to work toward getting the marketing plan done and finish it next week. He said the Board would go through a situational analysis, political analysis, and product/facility inventory process as the start of that process. ,._ { , SUMMER MARKETING SITUATION ANALYSIS (where we are presently at) 1) No established summer product superiority or image 2) Fragmented vacation as far as activities 3) Dominated by Colorado visitors 27% 4) Other than origin very different from winter visitor 5) Fragmented marketing, sales advertising, and special event efforts in the community 6) Two major booking organizations A) URA a) not funded well b) organized reservations system c) sales programming in place but limited in scope d) targeted primarily Front Range visitors B) Vail/Beaver Creek Tour Cornpany a) well funded but limited in scope of mediums b) emerging reservations system and summer destination sales program 7) Broad base second home part time residents 8) Unused competitively priced lodging inventory 9) Current demographic market (Kent to provide) PRODUCT/FACILITY INVENTORY (what we have to sell) POSITIVE: - Climate - Low humidity/high sunshine percentage - Moderate (cool) temperature. - Relatively insect free - Clean air - Access easy - Re: Transportation infrastructure in place (I-70 & Stapleton) - Conference facilities for up to 1,000 - Small and large groups ~ - - Presence of large hotels/chains - Marriott/Westin/Hyatt/Holiday Inn/Best Western/Raintree/Comfort Inn, etc. - Hospital/medical facilities - above average - Competitively priced lodging - 2 lift-served mountains - Ambiance - Landscaping/flowers/public art _ - Family ambiance - European ambiance in Vail - Mountain biking - Far above average special events - Natural scenic splendor - Diversity of residents with worldwide origin - Diversified/dining - Quality and quantity - Information from Eagle County Reservation Task Force - assessment study =2- ~. NEGATIVE: - Fragmented conference facilities - No central center - Lack of water resources - i.e., lakes/beaches/public/fishing water - Altitude (lack of oxygen) - Road cuts/non-landscaped - Not enough public art/cultural events/activity - No focus to pull traffic off I-70 (no Mount Rushmore) - Terrible Vail I.D. signage (at remote locations) - Local transportation outside Town of Vail POLITICAL ANALYSIS (what is current political picture) VAIL/TOWN OF - Curiosity - status - Consensus that we can do something this summer - Special event funding/uncertainty - Individuals laying for our failure - Communications - Unclear perception of authority - Interest to broaden funding mechanism AVON/TOWN OF - Funding? - Plan approval? - Clearly perceptive benefit - Communications BUSINESS COMMUNITIES Vail. - Solid foundation of support from lodging community - Undermining consensus - minority - Communications Avon: - Communications - Education - Additional funding mechanism Eagle County: - Creating a relationship - Want nothing to do with marketing - not their role - Already funding economic development - Communications Kent Myers is going to draft a Current Marketing Anal sis. Tom Britz is going to do a Competitive Analysis. -3- The Board discussed at length the addition of a Short Term Goal. Consensus was reached that if the summer of 1989 can be impacted in the short term, then we should do something. It was agreed that the Board does not have enough base line information to establish a financial goal for the summer of 1989. It was suggested that a joint meeting of the Avon and Vail Councils be set up to present the marketing plan and budget in Avon in 3 weeks or so. It was also decided that additional RFP's might be solicited after current responses are in. Many firms have already committed to responding. Committees will add the information developed today to their respective strate ies and factors. SPECIAL EVENTS COMMITTEE Mike Beckley stated that the committee needed more direction, specifically related to any funding of special events. Tom Britz motioned with Mike Beckley seconding to support events on a case-by-case basis that fit the criteria established by the goals, objectives, and mission of the Board specifically for marketing and advertising support only, and not for any operational funding. The Board asked that Tom bring back a policy statement for adoption to the Board at the next meeting regarding this issue. It was discussed as to what monies are available for project costs incurred by the Board prior to receiving approval on the marketing plan. It was mentioned that VA's $50,000 contribution is not restricted and is available now. Jerry Davis moved to spend dollars on printing an improved mailable calendar of events with an approximate budget of $150 set up charge and an approximate $200/month for an estimated 2,000 pieces a month required. Discussion ensued and the motion was tabled to next week to look at the existing pieces in use. There was considerable discussion on the "Call-to-Action" criteria. There was no specific action taken, however, consensus was reached that guideline criteria are .generally appropriate. There was also discussion initiated by Kevin Payne to merge the Advertising and Public Relations Committees due to their~~having to interact so much. Jan Strauch made this motion with Jerry Davis seconding the motion. All members voted yes. Public Relations Committee Kevin Payne distributed the minutes of the Public Relations Committee which met on March 15, 1989. (Committee minutes are referenced herein, but will not be a part of the Board's minutes.) Finance Jan Strauch distributed the minutes of the Finance Committee which met on March 15, 1989. (Committee minutes are not a part of the Board minutes.) Kevin Payne made a motion to adjourn which-was seconded by Jan Strauch. All members voted yes. Meeting adjourned at 11:45 a.m. S~~s RorxaTis-,/S' -4- E ~ -~ The next meeting is at the Town of Vail on Thursday, March 23rd, at 7:30 a.m. Minutes Approved Motion Second ~~ C~ C irman Date -5- RtC'~! MAR 2 3 NATURAE ENERGY RESOURCES COMPANY P. O. Box 567 ~ Palmer Lake, Colorado 801J3 ~ (719) 481-200J ~ FAX (119) 481-4D1J March 20, 1989 Colonel Steven G. IJest Corps of l7rgirreers, 0-naha District 215 North 17th Street Omaha, Nebraska 68102-4978 Dear Colonel ~4est: Your non-specific i`farch 16th reply for General Ryan is a disservice to the Corps, Colorado, and the nation's environment. Natural Energy and Lbasco's water resource engineers remain firmly behind our longstanding claim t}rat Union Parrk's water supply alternative for Metro Denver is substantially superior to Two forks. Tn fact, with the escalating environmental cost of 'I~ao Iorks, Uniorr Park's cost per acre foot of safe yield fs now about Yralf the Corps' preferred alternative. Union Park's Nigh altitude storage efficiency and unique ability to enhance river environments and water quality on both slopes during droughts is truly unprecedented. Your cursory 1987 review of Union Parlc was not "in-depth" by any professional measure. Our engineers were not given a chance to refute several major errors in your FIIS cost and yield analysis, and you made no attempt to compare the major environmental and water quality advantages of Union Park vs. Two Forks. You did, however, acl~rowledge that Union Park met the basic IiS screening criteria. Your only stated reasons for excluding Union Park from detailed study were nebulous "institutional constraint." arguments provided by Denver mater Department officials. The purpose of an IsTS is to evaluate the environmental and engineering details of all reasonable alternatives. Speculation on potential political impediments is not appropriate. The hard truth is that your Study Group completely overlooked the wasted flood waters of the untapped Gunnison until after we challenged your Draft 13TS conclusions. Since then, you have seriously abused your exclusive Study Director power by improperly discrediting Union Park to avoid an embarrassing Supplemental IIS, as repeatedly recommended by IPA. Since you or General Ryan are not interested in any more. briefings, we challenge the Corps to an independent 30 day review of the "overlooked" Two Forks alternatives by any nationally recognized engineering firm of your choice. Our engineers and ex-Bureau officials are ready to assist in this most important national water resource issue. Sincerely, "~ ~; ii,-~ ~' ,.~> ,~ Allen D. (Dave) Miller, President ADM/bm ~: President Bus11; IPA Administrators Reilly and Scherer: Secretaries Lujan, Yeutter, and Marsh; Governor Romer; Colorado Legislators. -,~~ . i ~ ~~ ~ DEP,4RTNiEiVT OF T}iE l~RMY ~'~. ' ~~'~ CORPS OF ENGINEERS, OMAHA DISTRICT / ` ~ r ('~~~ ~ ~ 215 NORTH 17TH STREET ~~~ OMAHA. NEBRASKA 69102-4978 ATTENTION OF :~IarC}1 16 , 1989 Executive Office Mr. Allen D. Miller Natural. Energy Resources Company- P.O. Box 567 ~ -. Palmer L,alce, Colorado 80133 Dear qtr. Miller: Brigadier General Robert Ryan has requested that, L respond to ,your letter • to him dated 'l4 February 1.989, concerning your request that the Corps con- sider Union Parlc's Gunnison caster supply i_n the 'Itao Forlcs percni.tti.ng decision. On 16 Juty 1.987, my staff and T participated with you and. pour staff i-n a substantive r.PView of the Gunnison project. I considered that presentation and discussion to be both in-depth and meaningful. The essence of the mate- rial you provided and the information discussed at the meeting caas considered and balanced as part of the overall decision making processes associated cait}t Union Park and your proposed project. At the time of that meeting, ,you pro- vided my staff with cons.idE~r'able technical information which has been - reviecaed . Based upon the above, T believe it reasonable to conclude that there has been no oversight relative to consideration of this project.. In consideration of t}ie fact that we have seriously reviewed the Gunnison project, and have been kept updated by S>our letters, there is ,no known ad- ditional data that ,you have that would justify another presentation. If ,you have any additional engineering, environmental. or other factual information, I would, of course, consider it; hocaever the Gunnison project was fully and appropriately cons.i.dered in the EIS based upon all available infor-rr>f~ti_on. Since no neca data has been presented, I have no basis to substantiate the need for more briefings. Sincerely, -~~/ Steven G. West Colonel, Corps of Engineers U.istrict Engineer CF BG Robert II. R.ti~n ... _- - ~~.;,,,,;EI!.,i ,r, TIiL~~E1VVI:R I'C~T :r~ ~~ ~ ` ~.: • ® . a., ;:,13y Mark Obmascik Denver Post Environment Writer ' F.ven though the fate of Two '~ Forks Dam remains wrappcat in uncerlaint.y, the Denver Water ~tiBoard for two decades has quietly been purchasing hunch~ecls of acres ~. of Western Slope land for the next generation of giant. water projects. The next generation may be i ~more controversial than the last. r; Denver so far has spent $5.4 rail- " lion to acquire 1,737 acres in F.agle .~ ~ and Summit counties for pr~ojecls that would not be built. for 30 years after Two Forks is on line . The proposed future projects arc • ~ both more ambitious and more ex- `. pensive than Two forks, with its F estimated price tag of $500 million to $1 billion. ~ ~''~ One proposal would cost $1.8 bil- raa lion and require a lake as big as ~.~ Dillon Reservoir, a second smaller 't' lake, 39 stream diversion struc- lures, 22 miles of pipes, three pumping plants and f2 miles of tun- a'~ eels, including a 24-mile tunnel ":through Vail Pass. • The president of the llnil.ecl ~~ Stales would be legally required to i approve sections of this pro,jecl, known as Eagle-Piney/l;agle-Colo- rado. 7'he other project, known as I.lre .Green Mountain 1'wnpback, would Y cost $595 million and would include }'a bigger version of the major res- . ~.ervoir cited in the Eagle-1'in- /E l ~ ey ag e-Colorado project. Green ~ ~' Aountain Pumpback-would require ' approval by`the Congress. ~..' Denver officials conceded that athese projects seem highly futuris- ~, ~; _ . 1Jven if the projects are never built, they say, tl~e water board will be able to sell the land at a profit. Lic. I;ut they defended their land purchases by noting that Two 1~ orks probably seemed far-fetched when the water board began ac- quiring land for it - in 1942. 'Those .World War II land deals enabled the city to buy private land for as little as $35 per acre, or 0.1 percent of current land prices. 'I'hc water board so tar has spent $4.0 million to buy 5,800 acres in Platte Canyon for Two Forks. "The lrlanrting horizon of fire board has always been very, very long,",said water board President Monte Pascoe. "Where it has made sense over the years, we have been ready to buy rights and property. If we hadn't held much of this land, my guess is that il. would have been subdivided and developed." Rut water board critics say Lha1.'s an outdated philosophy. F.n- vironmentalists wonder what will happen to the Platte Canyon land if 1.hcy succeed in killing 'fwo Forks. And Western Slope officials are un- happy with Denver for taking sometimes productive local prop- erly off the lax rolls. The green Mountain Pumpback calls for construction of a six-foot- wicle steel pipe to suck water from Green htounlain Reservoir and Sunday, flNarch 19, 1989 pump it uphill for 26 miles, along- side the I31ue River, into Dillon Reservoir. 1'o compensate Western Slo[~~e water users for the loss of tflat Blue Ilivcr wafer, Denver would build a bigger version of the F.agle- Colorado reservoir with a 382-toot dam on Alkali Creek I.hal would hold as much water as Dillon, Cheesman, Chatfield, Anlero and Strontia Springs reservoirs com- bined. ' This option also faces several major obstacles. The U.S. Army Cor}ts of Engineers concluded .the project likely would. require ap- proval by Congress. Denver also must overcome legal trouble win- ning water rights for the Eagle- , Colorado project, tho Army said. • 1n the meantime, Denver pro- duces Borne revenue off its undev- eloped land holdings by leasing out Lhe property to ranchers, outfitters anti timber operations, officials said. liven if the projects are never built, they say, the wafer boarcit~ will be aktle to sell the land at a profit. Chuck Smith, the board's real estate manager, estimated that Denver's Two Forks land now is worth up to three times •more than the city paid. ~ . Ancl the water board's holdings near Wolcott also have risen in val- ue, officials said. "We acquired the Eagle-Colorado site because it wasn't cluttered up by'develop~ meal," said water board Planning Director Ken Mitchell. "We aren't . going to lose any money, on it." ~i ~i'<Q.c? ~i .. OLb1tAD0 must develop a water policy that makes sense in every part'of the state, not just the Denver metro area;tTiils need has existed for sev- _ eral deCades.•Virtually every political lead- er who~vnderstands Colorado's complex water laws realizes how important this is, yet we are•no closer to such a statewide policy than we~were In the 19GOs. The reason stems fro-n the century-olcl water edict embedded in the Colorado Con- stilutiont:°'The right to divert the unappro- priated waters of any natural stream to beneticlal uses shall never be denied." The Denver' Water Board, which was founded~i70'~years ago, understood that doctrine Well and has made excellent use of IL for the benefit of Denver and its citi- zens. From;the beginning, the board has planned fOr,end~accommodated the Den- ver area's growth by acquiring wafer rights across the state. The board has been so effective and ef- f icient that lt' is, the envy o[ government leaders throUghbul Colorado. i3ul that al- 'sd is whyttthe~board has a reputation for being the.~Western Slope's enemy, as welt. iWanyyy'eat's:ago, as Denver first began developing; lattners and ranchers on the ,sparsely populated Western Slope were more than happy.to sell their water rights to I)envee.^.7'hen; as the mountain commu- nities slatted to grow -fueled by skiing anti njhgr_gooa~wt~~.-Western Slope res- idents began' 4o realize they faced the prospect of not having enough water for their future growth because Denver had SYo~e ~vvants a water truce ...*~., . ~`' ~--l~- ~~ ~ ~®~~-. . -ter ~ t°_~~~ ~ ~~. ~' , 4 -_~ t F.Y ,;~;,: ~ ~. ~~!`~~. ~ ~~~ ,~ ` ,~ ICI i ~,~~~~ been so aggressive in its acquisitions. That set up a West Slope-Gast Slope an- imosity that has become increasingly bit- ter. ilieanwhile, every governor from John Love to Roy Romer has called for a statewide water policy. Unfortunately, the political climate has been too polar- ized and hostile -until, perhaps, now. A new generation of political leadership is cmer{,nng on both the Fast and West slopes -people who may be able to ap- proach water issues from a more rational perspcrllvo. Une such person is Grand County Com- missiortcr Paul Ohri, who also serves as chairman of the Northwest Colorado Council of Governments. Instead of esca- lating the war between the slopes, Ohrf wants to call a truce and begin talking about how the two sides can begin work- ing together on issues o[ common interest. Uteri recognizes lhak the West Slope reaps great economic benefits from Den- verit.es who spend lime in the mountain communities, but he also points out accu- rately that the mountains are what attract so many people and businesses to Denver. The commissioner believes that once Front Range residents understand those realities and how water resources relate to them, they will support new ways o[ dealing with water problems. For example, Ohri says, continued di- versions of Western Slope water to Den- ver could, in tune, impair the';ki remrts' snowmaking ability. And sdtne"river flows could be lowered to the point where fish- ing or river rafting would be eliminated. fled like the two sides to begin talking about alternatives to permanent diversion of water to Fast Slope reservoirs. Une such idea would be for Denver to join with Western Slope water interests in building small reservoirs in the high country that would serve as "wafer banks" for the dri- er years when Denver actually needed the water: The water Denver didn't need could he used for Western Slope agricul- ture, snowmaking or other needs. In an attempt to begin thin dialogue, the council of governments is t`utining an ad- vertisement intoday's editiriit'bP The Den- ver Fost inviting Front Range~residents to join in a water partnership with the West- ern Slope. Next, the council should ask the gover- . nor to establish a statewide forum that would bring all the parties to the same table to begin working -seriously - on a water policy [or Colorado. Carl Miller is edito- of The Post's edilorlal pages r 12-61-102 Professions and Occupations Purpose of subsection (4)(g) exemption. The purpose of the exemption set forth in subsec- tion (4)(g) is to allow a private owner of real estate to sell it without having to obtain a real estate license. Richards v. Income Realty & Mtg., Inc.. 654 P.2d 864 (Colo. App. 1982). This section was not intended to be used by a salesman or broker who also happens to own real estate as a means of subverting the pur- pose of the real estate recovery fund. Richards 768 v. Income Realty & Mtg., Inc., 654 P?d 864 (Colo. App. 1982). Applied in Schwartz v. Weiner, 94 Colo 251, 30 P.2d II10 (1934); Benham v. Hcydc 122 Colo. 233, 221 P.2d 1078 (1950); White v, Brock, 41 Colo. App. IS6, 584 P.2d 12'4 (1978); Backus v. Apishapa Land & Cattle Co., 44 Colo. App. 59, 615 P.2d 42 (1980). 12-6Il=Y02:. L,icense~required. 'It is unlawful.;for.anyperson,~,fil-m, partner- ship; association;, o'r corporation to engage In the business or: capacity of real estate broker or reahestate~ salesman In: this state without first';having obtained a° license from `tle ~~real 'estate commisslon:~ No person shall be ~ granted a license until he establishes that he has complied with the provisions of this part 1 concerning education, experience, and testing; that he is truthful <Ind honest and otherwise of good moral character; and that, in addition to any other requirements of this section, he is competent to transact the business of a real estate broker or real estate salesman in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifica- tions, together with the application for such license, is filed in the office of the commission. In determining such person's character, the real estate com- mission shall be governed by the provisions of section 24-5-101, C.R.S. Source: L. 29, p. 528, § 1; CSA, C. 15, § 28; CRS 53, § 117-1-1; C.R.S. 1963, § 117-1-1; L. 69, p, 973, § 1; L. 75, p. 517, § 2; L. 81, p. 861, § I; L. 85, p. 562, § 3. Am. Jur.2d. See 12 Am. Jur.2d, Brokers, §§6, 7. C.J.S. See 12 C.J.S., Brokers, ,~~' § 7, 17, 18. Law reviews. For note, "One Year Review of Contracts", see 41 Den. L. Ctr. J. 89 (1964). For note, "Rural Poverty and the Law in Southern Colorado", see 47 Den. L.J. 82 (I 970). This section requires one engaged in the busi- ness of real estate broker to obtain a license. Cary v. Borden Co., 153 Colo. 344, 386 P.2d 585 (1963). The provisions of the real estate broker's licensing statute are not to be extended by impli- cation. Bamford v. Cope, 31 Colo. App. 161, 499 P.2d 639 (1972). And the fact that many real estate brokers arrange loans secured by deeds of trust on real property does not mean that only licensed real estate brokers can perform such services. Bamford v. Cope, 31 Colo. App. 161, 499 P.2d 639 (1972). Also, the preparation of simple real estate instruments, done without separate charge therefor by licensed real estate brokers only in connection with their established business, and in behtdf of their customers and in connection with a bona fide real estate transaction which they are handling as brokers, should not he enjointed as unauthorized practices of law. Conway-Bogue Realty Inv. Co. v. Denver Bair Assn, 135 Colo. 398, 312 P.2d 998 (1957). Where services are performed by an mili- censed person in violation of the Colorado licensing statutes, the agreement for the ser- vices is illegal and unenforceable. Manufacturer's Nat'I Bank v. Hartmeistcr. 41 I F.2d 173 (10th Cir. 1969). Furthermore, in construing the act, courts have held that a sale of realty made by one who acts in the capacity of a broker without a license disentitles him to compensation for his ser- vices. Cary v. Borden Co., 153 Colo. 344, 38(~ P.2d 585 (1963). One who functions as a real estate broker without obtaining the necessary license cannot recover compensation for his services. Brakhage v. Georgetown Associates, 33 Culu. App. 385, 523 P.2d 145 (1974). Therefore, where a person who was nut a licensed real estate broker nor engaged in the selling of real estate undertook and did sell cer- tain farm lands owned by the defendant, he was not allowed to recover the agreed-upon compensation from the defendant. Benham v. Heyde, 122 Colo. 233, 221 P.2d 1078 (195(1). 12-61-101 Professions and Occupations 764 (1) "Option dealer" means any person, firm, partnership, association, or corporation who, directly or indirectly, takes, obtains, or uses an option to purchase, exchange, rent, or lease real property or any interest therein with the intent or for the purpose of buying, selling, exchanging, renting, or leasing said real property or interest therein to another or others whether or not said option is in his or its name and whether or not title to said property passes through the name of said person, firm, partnership, association, or corpora- tion in connection with the purchase, sale, exchange, rental, or lease of said real property.or interest~therem ~ ~ ~ ~ •~ r (2) .'„"Real gestate: broker" or "broker" means any~persori; -firm; part'rier- shtp;"association;. or corporation~.who; inconsideration of compensation by fee, comritission, salary, or. anything of~value or with ahe intention of receiv- ing~ o,'collecting such compensation;'engages to ~or~offers or attempts to engage~in;: 'either;: directly, sir..indirectly; by;.a continuing course of conduct or by anysingle act or transaction, any of the following acts: .:,(a)•''Selling;:exchanging;:buying, renting,-or leasing real estate, or interest therein,, or improvements affixed .thereon;, . . (b) ;: Offeritig fo: sell, exchange; buy, ,rent, or lease real estate, or interest 'therein; or'improvements'affixed`thereon; (c) Selling or offering to sell or exchange an existing lease of real estate. or interest therein, or improvements affixed thereon; (d) Negotiating the purchase, sale, or exchange of real estate, or interest therein, or improvements affixed thereon; (e) Listing, offering, attempting, or agreeing to list real estate, or interest therein, or improvements affixed thereon for sale, exchange, rent, or lease; (f) Auctioning or offering, attempting, or agreeing to auction real estate. or interest therein, or improvements affixed thereon; (g) Buying, selling, offering to buy or sell, or otherwise dealing in options on real estate, or interest therein, or improvements affixed thereon or acting. as an `option dealer"; . (h) Performmg:-any ofahe foregoing, acts as an employee.of,. or in behalf :. °: of, the' owner of real estate, or:.,interest ,therein, , or;,.improvements atTxed thereon at asa[ary'or foc,a:fee; commission, or other consideration; (i) Negotiating or attempting or offering to negotiate the listing, sale, pur- chase, exchange, or lease of a business or business opportunity or the goodwill thereof or any interest therein when such act or transaction involves. directly or indirectly, any change in the ownership or interest in real estate. or in a leasehold interest or estate, or in a business or business opportunity which owns an interest in real estate or in a leasehold unless such ~sct is performed by any broker-dealer or insurer-dealer licensed under the provi- sions of article 51 of title 11, C.R.S., who is actually engaged generally in the business of offering, selling, purchasing, or trading in securities ur an> officer, partner, salesman, employee, or other authorized representative ur agent thereof; (j) Soliciting a fee or valuable consideration from a prospective ten~rnt for furnishing information concerning the availability of real property, includ- ing apartment housing which may be leased or rented as a priv~-te dwelling. abode, or place of residence. Any person, firm, partnership, association, ur corporation ur any employee or authorized agent thereof engaged in the act of soliciting a fee or valuable consideration from any person other than ~r ~~'`~_;..765 ,, :~.. z t~ ~'~~~ prospective tens `~'~~ real property, i>I ~s:-. ~.as a private dwe a~.~'~aion of "real es respect to the f ~ ~ :property. ''~`~~~}::,. (3) ..Real est '~'<~ or en a ed b s .,{.~., g g Y ,' .: ~ m any activity ~ r , of this section, fi "= ''•-'' (4) "Real est '~'"' ~~° of the following: ,f •• , `' ' (a) Any attor ~fF; attorney, duly e: r~" mation of a real ~ ~,~.,,- ~ (b) Any publi N; ~' (c) Any rece ~'~ _'guardian acting u - r,~... (d) Any pers~ ~"~ corporation astir > "''"'~~ or its own behal ~.:. ,~: ,~~; interest in real es (e) An attorn -~~>. the practice of la ~~,~' . (f) Any perss `~"` em to ee or autl ~: `_. P Y ~~; chasing, assignin; ~f "~'-~~ eral leases or int P•: ~jtY~: . ~,~ • '<< to real property; _ ~ (g) A natural } ,~; 'leased by him or ' s : an owner of twet `~~ sell or lease prop `" '~: ~ . ~~ ,section (I) of this '`"j (h) A corpora ~-'~ ';"y through its office dental and neces ~,:;: ~w~ activities of a nor m the business c „` x~;~. of this section. 1 ,,,, ~ ;Y `:. or regular salaries '~ ` =,t= • not less than sevs .r{~ xs:,~ m the form of sal ~~~?~ b (rit whenrsu hal ^~;~? Y '; .'°r`~;~ such principal off "~~°{=' ing stock of suct '~~;.section, but this T~~'~~-ously occupied or ~': ~Y,`- (j) A corporal r~,°` or through regula, ~;: HERITAGE CABLEVISION and TOWN OF VAIL FRANCHISE AGREEMENT This agreement is made and entered into on . 1989 by and between the TOWN OF VAIL, Colorado, a Colorado municipal corporation ("the Town") and CABLEVISION VI, INC. D/B/A HERITAGE CABLEVISION ("Heritage"). WHEREAS, the Town is authorized to grant one or more non-exclusive, revocable franchises to construct, reconstruct, operate and maintain a cable television system within the Town; and WHEREAS, the Town has received a request for renewal of the existing franchise from Heritage; and WHEREAS, the Town, after public hearings and due evaluation, has determined that it is in the best interest of the Town and its residents to renew the franchise of Heritage for a fifteen (15) year term. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the parties do mutually agree as follows: 1. GRANT OF FRANCHISE A. Heritage is hereby granted for itself and its successors and assigns, subject to the terms and conditions of this franchise agreement, and the franchise ordinance, the right, privilege and authority to construct, operate, maintain and reconstruct a cable television system within the streets, alleys, easements or such easements are broad enough to allow the installation of cable television facilities, and public ways of the Town. Heritage shall provide a modern and uniform Town-wide cable communications system to the residents and institutions of the Town in accordance with this franchise agreement. - ~' ~~~ B. This franchise is subject to Chapter of the Town of Vail Municipal Code and other ordinance provisions now in effect or hereinafter made effective. Nothing in this agreement shall be deemed to waive the requirements of the various codes and ordinances of the Town regarding permits, fees to be paid, or manner of construction. C. For the purpose of operating and maintaining a cable television system in the Town, Heritage may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, or upon, across and along the public streets, available easements, alleys and ways within the Town, such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the cable television system in conformance with the Town's specifications. Prior to any construction or alteration, however, Heritage shall file plans with the appropriate Town agencies and utility companies and receive written approval before proceeding. 2. REPRESENTATIONS AND WARRANTIES OF HERITAGE A. Heritage represents and warrants that it will comply with all provisions of the franchise; B. Heritage represents and warrants that neither it nor its representatives or agents have committed any illegal acts or engaged in any wrongful conduct contrary to, or in violation of any federal, state or local law or regulation in connection with the obtaining of this franchise; C. Heritage represents and warrants that it is a corporation licensed to do business in Colorado and has full right and authority to enter into and fully perform the franchise; D. Heritage represents and warrants that all corporate action required to authorize the acceptance of the franchise and execution and delivery of this agreement and all other documents to be executed and/or delivered by Heritage pursuant to the franchise and to authorize the performance by Heritage of all of its obligations under the franchise, and all such other documents to be executed and/or delivered by Heritage have been validly and duly acted on and are in force and effect; E. Heritage represents and warrants that the franchise and all other documents executed and/or delivered by Heritage have been duly accepted and executed; F. Heritage represents and warrants that it has carefully read the terms and conditions of the franchise and accepts the obligations imposed by the terms and conditions of the franchise. 3. EFFECTIVE DATE OF FRANCHISE; EFFECT UPON EXISTING FRANCHISE A. Heritage shall have thirty (30) days from the date of adoption of this ordinance to accept the grant of a franchise by executing the franchise agreement. Such acceptance by Heritage shall be deemed the grant of this franchise for all purposes and immediately upon the taking affect of this franchise agreement, the prior franchise granted to Heritage or their predecessor in interest on 19 by the passage of Ordinance No. shall be superseded and have no further force and effect; provided however, vested rights relating to billings and the Town's rights to accrue franchise fees shall not be affected thereby; and provided, further, that any criminal proceedings commenced under or pursuant to said -2- franchise shall in no manner be affected. In the event acceptance does not take place within thirty (30) days or such other time as the Town might allow, this franchise shall be null and void. B. Upon acceptance of this franchise, Heritage shall be bound by all the terms and conditions contained herein. Heritage shall provide all services and offerings specifically set forth herein to provide cable television services within the Town. C. With its acceptance, Heritage also shall deliver to the Town a certified resolution of Heritage evidencing its power and authority to accept the franchise. Such document shall also describe officers authorized to accept on behalf of Heritage. D. With its acceptance, Heritage shall also pay all costs and expenses incurred by the Town in connection with the renewal process. The Town shall provide an itemized statement to Heritage. Costs or expenses of the Town not identified at that time shall be paid promptly by Heritage upon receipt of an itemized statement from the Town. It is the intent of the Town and Heritage that the Town be reimbursed for all costs and expenses in connection with the granting of the franchise including any subsequent expenses due to delays or litigation pertaining to the grant of the franchise. E. With its acceptance, Heritage shall also deliver any security deposit, insurance certificates, performance bonds, and equipment grant required herein. 4. TERM The term of the franchise shall be for a period of fifteen (15) years from the effective date, unless sooner terminated as hereinafter provided, at which time it shall expire and be of no further force and effect. 5. FRANCHISE NON-EXCLUSIVE This franchise shall not be construed as any limitations upon the right of the Town to grant to other persons, rights, privileges, or authorities similar to the rights, privileges and authorities herein set forth, in the same or other streets, alleys, or public ways or public places. The Town specifically reserves the right to grant at any time during the term of this agreement or renewal thereof, if any, such additional franchises on the same or similar terms, for any cable television system as it deems appropriate. 6. CABLE TELEVISION ORDINANCE INCORPORATED All terms, conditions, and provisions of the Town of Vail cable television ordinance shall be deemed to be embodied in this franchise agreement, and the -3- express terms of the ordinance shall prevail over conflicting or inconsistent provisions of this franchise agreement. 7. DEFINITIONS The following words and phrases, when used in this agreement, shall, for the purpose hereof have the meanings ascribed to them in this Section. A. "Cable communications system" or system shall mean a non-broadcast facility consisting of a set of transmission paths and associated signal generation, and reception and control equipment, under common ownership and control, that distributes or is designed to distribute to public subscribers cable television services, institutional services, or other communications services, but such terms shall not include: 1) A facility or combination of facilities that serves only to retransmit the television signals of one or more television broadcast signals; 2) A facility or combination of facilities that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way; 3) A facility of a common carrier which is subject, in whole or in part to the provisions of Title II of the Communications Act of 1934, as amended; except that such facility shall be considered a cable system [other than for the purposes of 47 U.S.C. 541(c)] to the extent such facility is used and the transmission of video programming directly to subscribers; or 4) Any facilities of an electric utility used solely for operating its electric utility system. B. "Channel" shall mean a six (6) megahertz (MHz) frequency band which is capable of carrying either one (1) standard video signal, a number of audio, digita l or other non-video signals, or some combination of such signals. C. "Downstream" shall mean signals originating at the head end or hub and transmitted to subscribers. D. "Earth station" shall mean equipment used to receive signals from or transmit signals to a communications satellite. E. "Force Majeure" shall mean any delays caused by reason of (1) civil commotion; (2) riots; and (3) acts of God, such as floods, earthquakes and hurricanes. F. "Franchise grant ordinance" shall mean the ordinance granting a franchise to a Grantee. -4- G. "Head end" shall mean the facility, including antennas and associated electronics which receives, controls, and switches the electronic information transmitted over the cable communications system. H. "Residential service" shall mean any service delivered by the cable communications system principally to subscribers in their dwelling units. I. "School" shall mean any duly accredited non-profit educational institution, including primary and secondary schools, colleges and universities, both public and private. J. "State-of-the-art" shall mean any cable communications system, components, or equipment accepted and used in the cable communications industry which is the most modern and advanced equipment generally accepted and used in the cable communications industry. K. "Wire tapping" shall mean the unauthorized reception of a communications signal. L. "Two-way" shall mean the simultaneous transmission of upstream and downstream signals through a cable communications system. 8. SERVICE AREA A. Line Extension Heritage shall offer cable television service to all areas of the Town in accordance with the following line extension policy. In the city limits of the Town as they stand on 1989, Heritage shall, provide service to any dwelling unit or commercial subscriber that is served by the existing system and in other areas where there are at least thirty (30) residential dwelling units or commercial units per mile of cable plant. In other areas annexed to the Town or developed after 1989, Heritage shall provide service to any new dwelling unit or commercial subscriber where there are at least twenty (20) dwelling units or commercial units per proposed additional cable plant mile. Further, in other areas with less than thirty (30) dwelling units or commercial units per proposed cable plant mile, Heritage shall offer a cost-sharing arrangement with residents. Heritage's share (set herein as per subscriber) shall be recalculated annually and based upon then-current costs for labor and materials. Residents desiring cable television services shall contribute the remaining costs for line extensions to provide services to their dwelling units. The Town and Heritage shall derive future contribution amounts based on average -5- annual costs for thirty (30) homes per mile, it being understood that the costs for underground not be the same. B. Heritage shall provide service to all annexed areas of the Town within nine (9) months of obtaining easements and appropriate permits. Heritage shall make every reasonable effort to obtain easements within three (3) months after the effective date of such annexation. If easements are unavailable due to circumstances beyond the control of Heritage, Heritage shall make every reasonable effort to find an alternative route to provide cable television service. Heritage shall report periodically to the Town on its progress in providing service to annexed areas of the Town. 9. SYSTEM DESIGN AND CAPACITY A. Present System Overview Heritage will maintain the existing cable communication system as a state-of-the-art system. Parties understand and agree that at the time of this franchise that system consists of a residential network with a capacity of three- hundred (300) MHz. The present system is currently capable of carrying thirty-six (36) channels and there are currently thirty-one (31) activated channels. The broad categories are video and other services as set forth in Attachment A. The current system transmits all basic channels unscrambled so that they are available to cable-ready TV sets and video cassette recorders without the need for a converter. BTSC standard stereo shall be broadcast on all those channels as indicated in Exhibit attached hereto and made a party hereof. Most current equipment in the system and all of the systems new build and rebuild shall be designed for four-hundred-fifty (450) MHz with a capacity of sixty-nine (69) channels. Whether or not the system's design remains "state-of-the-art" shall be determined jointly by the Town and Heritage at the periodic reevaulation sessions set forth in paragraph 44 of the Franchise Ordinance. B. Community Information Service Heritage shall provide a community information service channel which shall be shared with a weather data service. Heritage shall provide to the Town, free of charge, one (1) character generator with two (2) remote keyboards with a minimum of fifty-eight (58) page memory and color graphics. Said equipment shall be located in such public buildings as may be designated by the Town with ability to transmit signals to the head end. The equipment will be installed by Heritage and remain the property of Heritage, and all maintenance, except that required because -6- of gross neglect or intentional injury by the Town shall be responsibility of Heritage, provided that the equipment is delivered and picked up at Heritage's repair facility. The community information channel and the equipment referred to above shall be provided within six (6) months from the receipt of a request therefore from the Town. C. Public Educational and Governmental Access In addition to the community service channel, Heritage shall provide, at no cost to the users, at least one (1) specially designated channel available for governmental, educational and public access. In the event that said specially designated access channel is in use by the general public, local educational authorities and local governmental units during seventy-five (75) percent of the weekdays (Monday through Friday) for seventy-five (75) percent of the time for six (6) consecutive weeks for non-character generated programming using film, video or live telecasting, and the Town makes a demand for use of an additional channel for access, Heritage shall have six (6) months in which to make available a new specially designated access channel. D. Technical Standards The minimum technical standards shall be the minimum standards set forth by the Federal Communications Commission in their rules or any rules that supersede such rules. Regardless of the technical standards that may be applicable the system shall be capable of providing to subscribers video and aural signals of consistently good quality. E. Satellite Earth Station The system configuration shall include satellite earth station capability to receive signals simultaneously from all operational U.S. domestic satellites carrying at least four (4) non-duplicated non-premium cable entertainment services. Heritage shall provide a sufficient number of earth stations to receive signals from all operational U.S. communications satellites that generally carry programs available to cable systems throughout the life of the franchise. F. Capacity for Interactive Residential Services The cable communications system shall have the capacity for interactive residential services including, but not limited to, security alarm monitoring, home shopping, energy management, video techs, subscriber pulling, video games, meter reading, and one way or interactive education. The cable system shall also have the capability for providing shop at home and electronic banking services. All customer equipment necessary for such services such as addressable -7- interactive converters, home terminals and home detectors shall be provided to subscribers by Heritage in accordance with established and uniform rate schedules. G. Standby Power Heritage shall provide standby power generating capacity at the cable communications system control center and at major trunk line locations. Heritage shall maintain standby power systems supplies, rated for at least four (4) hours duration, throughout the distribution networks. H. Frequency Availability Heritage shall use its best efforts to assure the availability of appropriate frequencies to be used on the cable communications system. Heritage shall at all times during the term of the franchise comply with all rules and regulations promulgated by the FCC regarding frequency usage and cable television system requirements. I. Addressable Capability The cable communications system shall be addressable with capability for users to acquire signal security for selected channels and subchannels through techniques such as signal scrambling or encoding. The addressable features shall be activated at such time as services are provided. 10. RIGHT OF INSPECTION The Town shall, at its own expense, have the right to inspect all construction and installation work performed subject to the provisions of this franchise and shall make such tests as it shall find necessary to insure compliance with the terms of this agreement and other pertinent provisions of the law; provided, however, that the Town shall be permitted to charge Heritage its usual and customary fees for the inspection of construction in public rights-of-way; and provided, further, that such inspection and tests shall not interfere with the provision of subscriber services. Any delays in construction due to the inspection shall not be reason for default. The Town may also have the right to have all construction and installation work performed subject to the provisions of this franchise reviewed by an independent engineer: to determine whether all construction or improvements are in compliance with the franchise; all technical standards are being met; and there is compliance with all applicable Town codes and standards. If such testing establishes that the system does not meet all required technical standards, Heritage shall bear the expense for such testing. -8- 11. SYSTEM SERVICES A. Initial Residential Subscribers Services and Programming Attachment A which is incorporated herein by reference describes the composition of the basic service tier and other services which Heritage shall initially provide. In accordance with the Cable Act, Heritage shall, for the term of the franchise, maintain the mix, quality and level of programming set forth in Attachment A. B. Leased Access Channels Heritage shall offer leased access channel capacity at such terms and conditions and rates as may be negotiated with each lessee subject to the requirements of Section 612 of the Cable Act of 1984 (47 U.S.C., Section 612) as amended. 12. ACCESS AND INSTITUTIONAL SERVICES In order to develop local programming, Heritage hereby agrees to provide the following: A. Local Programming Production Equipment as set forth in Attachment B hereof or Comparable Equipment All equipment so provided shall be new and of the type and brand specified or its equal. All local programming equipment shall remain the property of Heritage but shall be made available for the use of the public, governmental and educational entities pursuant to such rules and regulations as may be promulgated in accordance with paragraph B hereof. All such public access production equipment shall be maintained by Heritage and shall be fully replaced with comparable state-of- the-art equipment as necessary or upon reasonable request of the Town based on obsolescence or usability. B. Production Studio Heritage shall maintain the existing public access production studio (or one similar) containing the equipment specified in Attachment B hereof. Heritage shall adopt business hours which shall provide for use of the studio during weekdays, weekends and evening hours up to a total of forty (40) hours per week. Heritage shall establish rules, if necessary and with the approval of the Town, to ensure that the studio is available equitably to Heritage and governmental, educational and public sectors. Heritage may contract with Vail Community Cable TU Corp. or any successor thereof to manage studio. The public access channels shall be available on a first come, first served basis at no charge to any individual, association, or organization desiring -9- to utilize them; provided, however, that Heritage may deny the right to use such facilities for commercial purposes. C. Staffing and Training Heritage shall provide adequate staffing for the access studio and for training of the public in the use of production equipment. Heritage shall from time to time conduct workshops to train community and access users in television production techniques and equipment. D. Access Financing Access financing shall be set forth in a separate agreement between the Town, Heritage and the Vail Community Television Corporation. E. Access Rules All rules and regulations as may be necessary or desirable relating to the availability of production equipment for use by the public and governmental and educational entities, studio availability and hours of studio availability and channel availability and programming time shall be promulgated by the Town Manager in cooperation with Heritage. 13. GENERAL PROVISIONS The following provisions shall be applicable to the existing cable communications system and to any rebuilt system as contemplated herein upon the effective date of this franchise agreement and shall be applicable throughout the life of the franchise. A. Parental Control Devices Heritage shall provide subscribers upon request the ability to lock out such channels as they may desire. B. Underground Cable Cable shall be installed underground at Heritage's cost where all existing utilities are already underground. Previously installed aerial cable shall be placed underground in concert, and on a cost sharing basis, with affected utilities, when such utilities are converted from aerial to underground construction; provided, however, that Heritage is given reasonable prior notice of such underground placement. C. Minimum Interference All transmission lines, equipment and structures shall be installed and located so as to cause minimum interference with all rights and reasonable convenience of property owners and at all times kept and maintained in a safe and adequate condition, and in good order and repair, Heritage shall, at all times, -10- employ necessary and reasonable care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisances to the public. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public and as detailed in the manual on uniform traffic control devices. D. Notice of Shutdown At least twelve (12) hours before any planned shutdown Heritage shall give notice on all channels when possible of maintenance or major equipment changeouts which require loss of service to five (5) or more customers. E. Free Service Calls Heritage shall not charge for any service call whether the call is system related; provided, however, a charge may be made if the service call is the result of repeated abuse of the equipment or cable by the subscriber. F. Employee Identification Heritage shall provide a standard identification document to all employees including employees of subcontractors who will be in contact with the public. Such documents shall include a telephone number which can be used to verify identification. In addition, Heritage shall use its best efforts to clearly identify all personnel, vehicles and other major equipment that are operating under the authority of Heritage. G. Converters With the existing cable communications system and upon any rebuild thereof, Heritage shall utilize state-of-the-art signal security. Furthermore, Heritage shall, to the extent feasible, construct the system and install equipment which permits the full utilization of cable ready television receivers by subscribers to avoid converter usage, where possible. H. Local Origination Heritage is encouraged to provide local origination programming of a cultural, recreational, athletic, or civic nature. I. Service to Government Heritage shall provide upon request a reasonable number of free drops not to exceed four (4) per building to all government buildings and schools which are passed by the cable plant. -11- 14. SUBSCRIBER RIGHTS AND COMPLAINTS A. At the time an installation or service agreement is to be signed, Heritage shall furnish to each subscriber a written statement that clearly sets forth the following: 1. A complete schedule of rates, fees, charges, and the terms and conditions of service currently applicable to the type of installation and service offered. 2. A complete statement of the subscriber's right to privacy in conformance with Federal or State law. 3. Information concerning the procedures for making inquiries or complaints. 4. The address and telephone number of the Heritage office responsible for handling complaints. B. The business office of Heritage shall have a locally listed telephone number, and at a minimum, be open for business eight (8) hours a day on weekdays and have a sufficient number of lines so that the office is reasonably accessible by telephone and telephone lines are not continuously busy. Heritage business offices shall be located within the Town of Vail boundaries or within a distance of ten (10) miles from the Town of Vail boundaries. C. All complaints shall be handled in accordance with the procedures set forth in the Town of Vail cable ordinance. 15. PRIVACY POLICIES Heritage shall endeavor to operate its business in such a way as to give effect to the privacy rights of each subscriber and user irr accordance with the Vail cable television ordinance, the requirements set forth herein and other applicable federal, state and local laws and regulations. 16. FRANCHISE RENEWAL This franchise may be renewed by the Town in accordance with the provisions of the Town of Vail franchise ordinance and applicable federal law. 17. POLICE POWERS In accepting this franchise, Heritage acknowledges that its rights hereunder are subject to the police powers of the Town to adopt and enforce general ordinances necessary to the safety and welfare of the public and it agrees to comply with all applicable general laws and ordinances enacted by the Town pursuant to such power. Any conflict between the provisions of this franchise agreement and any other present or future lawful exercise of the Town's police power shall be resolved -12- in favor of the latter, except that any such exercise that is not a general application of the jurisdiction or applies exclusively to Heritage or cable communications system which contains provisions inconsistent with this agreement shall prevail only if, upon such exercise, the Town finds that an emergency exists constituting a danger to health, safety, property, or general welfare or such exercise is mandated by law. 18. FRANCHISE FEE A. Annual Franchise Payment Heritage shall pay to the Town five (5) percent of its annual gross revenues during the period of its operation under the franchise, pursuant to the provisions of the Town of Vail cable television ordinance. If during the term of this agreement, any court, agency or other authority of competent jurisdiction takes any action or makes any direct declaration that adversely affects the amount of the franchise fee as set forth in this Section, the Town and Heritage shall enter into negotiations to amend this franchise agreement to make the Town whole in a manner consistent with said action or declaration by restoring the Town to a position equivalent to that which had held prior to said action or declaration to the extent allowed by law. B. Payments due the Town under this provision shall be computed at the end of each quarter year for that quarter year. Payments shall be due and payable for each quarter or a portion of a quarter year to the Town sixty (60) days after the close of that quarter or a portion of a quarter year. Each payment shall be accompanied by a brief report showing the basis for the computation and such other relevant facts as may be required by the Town. - C. No acceptance of any payment by the Town shall be construed~as a release or as an accord and satisfaction of any claim the Town may have for further or additional sums payable as a franchise fee or for the performance of any other obligation of Heritage. D. In accordance with the cable television ordinance of the Town of Vail, Heritage shall pay as a grant fee to the Town ( ), which together with the application filing fee reflects the refranchising costs to the Town. Heritage shall exercise no rights under this franchise agreement until such payment is made. It is understood and agreed that this payment is in addition to the franchise fee and any other payments required hereunder. -13- 19. RATES AND CHARGES A. Initial Rates Heritage initial rates and charges, contained in Attachment hereto shall be applied fairly and uniformly to all subscribers in the Town. B. Rate Regulation Rate regulation may apply to the extent that Heritage is not exempt from local rate regulation by preemption of state or federal law. To the extent that state or federal law or regulation may now, or as the same may hereafter be amended, authorize the Town to regulate the rate for any particular service tiers, service packages, equipment or any other services provided by Heritage, the procedures for processing rate increases as set forth in the Town of Vail cable television ordinance shall apply. Heritage shall comply with all notice requirements set forth in the Town of Vail cable television ordinance relating to rate increases and decreases. 20. INSURANCE Certificates or policies evidencing insurance in the amounts required by the Vail cable television ordinance shall be provided by Heritage and shall be filed in the Office of the Town Clerk. Insurance shall cover acts by Heritage, its employees, agents, subcontractors or any other person acting on behalf of Heritage. 21. FORFEITURE OR REVOCATION A. In addition to all of the rights and powers retained by the Town under - this franchise agreement, the Town reserves the right to forfeit and terminate the franchise and all rights and privileges of Heritage in the event a substantial breach of its terms and conditions occurs pursuant to Section 20 the Cable Ordinance. B. Disposition of Facilities In the event this franchise agreement expires, is revoked or otherwise terminated, Heritage shall remove at its own expense all designated portions of the cable communications system from all streets and public ways within the Town. In removing its plant, structures and equipment, Heritage shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways in as good a condition as that prevailing prior to Heritage's removal of its equipment and appliances without affecting the electrical or telephone or other utility lines, wires, pipes or attachments. The Town shall inspect and approve the condition of the public ways, cables, wires, attachments and poles after removal. The liability, indemnity and insurance as provided herein and in the Vail cable television -14- ordinance shall continue in full force and effect during the period of removal and until full compliance by Heritage with the terms and conditions of this paragraph and this ordinance. In the event of a failure by Heritage to complete any work required by this franchise agreement or the Vail cable television ordinance, or any other work required by Town law or ordinance within the time as may be established and to the satisfaction of the Town, the Town may cause such work to be done. Heritage shall reimburse the Town the costs thereof within thirty (30) days after receipt of an itemized list of such costs. C. Foreclosure Upon the foreclosure or other judicial sale of all or of substantial part of the cable communications system facilities, or upon the termination of any lease covering all or a substantial part of the cable communications system, or upon the occasion of additional events which effectively cause termination of the system's operation, Heritage shall notify the Town of such fact and such notification or the occurrence of such terminating events shall be treated as a notification that a change in control of Heritage is taking place and the appropriate provisions of the Vail cable television ordinance shall apply. D. Receivership The Town shall have the right to cancel this franchise one hundred twenty (120) days after the appointment of a receiver, or trustee, to take over and conduct the business of Heritage, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: 1. Within one hundred twenty (120) days after the election or appointment such receiver or trustee shall have fully complied with all the provisions of the franchise and remedied any defaults thereunder; and 2. Within one hundred twenty (120) days such receiver or trustee shall have executed an agreement duly approved by the court having jurisdiction whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this franchise agreement. 22. COOPERATION The parties recognize that it is in their best interest for the cable communications system to be operated as efficiently as possible and for any required rebuilding of the system to occur in accordance with the requirements and schedule -15- as set forth in this agreement. To achieve this, the parties agree to cooperate with each other in accordance with the terms and provisions of this franchise agreement. Should either party believe that the other is not acting kindly or reasonably in accordance with the applicable regulations and procedures in responding to a request for action, that party shall notify the agents designated for that purpose by the other. The agent will use its best effort to facilitate the particular action requested. 23. WAIVER The failure of the Town at any time to require performance by Heritage of any provision hereof shall in no way affect the right of the Town hereafter to enforce the same. Under no circumstances shall the waiver of the Town of any breach or any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. 24. CUMULATION OF REMEDIES The rights and remedies reserved to the Town by this franchise agreement are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the Town may have with respect to the subject matter of this franchise agreement, and a waiver thereof at any time shall have no effect on the enforcement of such rights or remedies at a future time. 25. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS Heritage, its employees, and agents shall be familiar with all federal, state, local and municipal laws, ordinances, rules and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the work or in any way affect the work and no plea of misunderstanding will be considered upon account of the ignorance thereof. Heritage's contractors, employees and agents shall comply with all applicable federal, state and local laws, rules and regulations issued thereto and Heritage shall indemnify the Town against any loss, liability, or damage occasioned by reason of its violation of this Section. 26. NOTICES All notices from Heritage to the Town pursuant to this agreement shall be sent to 75 South Frontage Road, Vail, Colorado 81657. Heritage shall maintain a local office and telephone number for the conduct of matters related to the franchise. All notices to Heritage shall be sent to Heritage Cablevision, 2195 Ingersoll Ave., Des Moines, Iowa 50312, Attn: Legal Department. -16- 27. CAPTIONS Captions to Sections throughout this agreement are solely to facilitate the reading and reference to Sections and provisions of the agreement. Such captions shall not affect the meaning or interpretation of the agreement. 28. COMPANY SHALL HOLD TOWN HARMLESS Heritage shall save and keep the Town and its officials, boards, commissions, agents and employees free and harmless from any loss, expense or damage to person or property arising out of or resulting from any provision or requirement of the franchise or exercising its rights or performing its duties under this franchise. 29. FORCE MAJEURE Both parties' obligation is to perform any services or complete any installation by any specific date shall with respect to each such obligation, be deferred by the amount of time that the other party deems reasonable under the circumstances for the performance of such service or completion of such installation when delayed by "Force Majeure". In each such instance, it shall be the burden of the party seeking a delay of its obligations to perform to prove to the reasonable satisfaction of the other party the reasonableness of the delay. 30. TIME IS OF THE ESSENCE Whenever this franchise agreement sets forth any time for any act to be performed by either of the parties, such time shall. be deemed to be of the essence of this agreement. 31. CONSTRUCTION OF AGREEMENT This agreement shall be governed, construed and enforced in accordance with the laws of the State of Colorado, except that the parties' respective rights and obligations hereunder shall be subject to any applicable provisions of the Cable Communications Policy Act of 1984, as now existing or as the same may be from time to time hereinafter amended, and the applicable provisions of the Communications Act of 1934 as hereinafter amended, any applicable rules, regulations and orders of the Federal Communications Commission and any applicable rules, regulations, legislation or orders of any other public body having jurisdiction over the subject matter hereof. 32. NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principle agent relationship between the parties and neither party is authorized to, nor shall -17- either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 33. ENTIRE AGREEMENT This agreement and all attachments hereto and the Vail cable television ordinance as incorporated herein, represent the entire understanding and agreement between the parties with respect to the subject matter hereof, supersede all prior oral negotiations between the parties and can be amended, supplemented, modified or changed only by an agreement in writing which makes special reference to this agreement or to the appropriate attachment or document which is signed on behalf of both parties. 34. SEVERABILITY If any section, subsection, sentence, clause, or phrase or portion of this agreement is, for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this agreement. IN WITNESS WHEREOF, the parties have caused this agreement to be signed on the day and year first written above. TOWN OF VAIL, CABLEVISION VI, INC. d/b/a a Colorado municipal corporation HERITAGE CABLEUISION gy: By: Rondall V. Phillips, Town Manager Kevin L. Rice, Vice President/Operations -18- TOWN OF VAIL CABLE COMMUNICATIONS ORDINANCE DRAFT 2/13/89 1. This chapter shall be known as the Cable Communications Ordinance. 2. .PURPOSE The purposes of this ordinance are: a. Provide for the franchising and regulation of cable television within the Town of Vail. b. Provide for a cable communications system that will meet the current needs of the Town and that can be improved and upgraded to meet future needs. c. Provide for the payment of fees and other valuable consideration to the Town for the use of the public ways and for the privilege to construct and operate cable communications systems. d. Provide for the regulation by the Town of certain rates to be charged to subscribers for certain cable communications services, as permitted by law. e. Provide for the development of cable communications as a means to improve communication between and among the members of the public and public institutions of the Town. f. Provide remedies and prescribe by penalties for violation of this ordinance and any franchise granted hereunder. 3. APPLICABILITY This ordinance is applicable to any application for a cable franchise filed on or after the effective date of this ordinance and to any such franchise granted thereafter. 4. DEFINITIONS For the purpose of this ordinance the following terms, phrases, words and the derivations shall have the meanings given herein. When not inconsistent with the context, words used from the present tense include the future, words in the plural number include the singular and words in the singular number include the plural number. The word shall is mandatory and the word may is permissive. Words not defined shall be given their common and ordinary meanings. a. "Access channel" shall mean any channel set aside for public use, educational use, or governmental use without a channel use charge. b. "Access user" shall mean any person or entity entitled to make use of an access channel consistent with the intended purpose of the channel. c. "Application" shall mean a proposal seeking authority to construct and operate a cable communications system within the Town pursuant to this ordinance. It shall include the initial proposal plus all related subsequent amendments and correspondence with the Town. d. "Basic service" shall mean subscriber cable television services which includes the delivery of local television broadcast signals as required by the FCC, access channels, lease channels and local origination channels as covered by the regular monthly charge paid by all subscribers to any service tier excluding premium services, two way services, and FM radio services. e. "Cable television services" shall mean the one way transmission of video programming and associated non-video signals to subscribers together with subscriber interaction, if any, which is provided in connection with the video programming. f. "Cable communications system" or system shall mean a non-broadcast facility consisting of a set of transmission paths and associated signal generation, and reception and control equipment, under common ownership and control, that distributes or is designed to distribute to public subscribers cable television services; institutional services, or other communications services, but such terms shall not include: 1) A facility or combination of facilities that serves only to retransmit the television signals of one or more television broadcast signals; 2) A facility or combination of facilities that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way; 3) A facility of a common carrier which is subject, in whole or in part to the provisions of Title II of the Communications Act of 1934, as amended; except that such facility shall be considered a cable system [other than for the purposes of 47 U.S.C. 541(c)] to the extent such facility is used and the transmission of video programming directly to subscribers; or 4) Any facilities o~F an electric utility used solely for operating its electric utility system. g. "Town" is the Town of Vail, Colorado. h. "Channel" shall mean six (6) Megahertz (Mhz) frequency band which is capable of carrying either one standard video signal, a number of audio, digital or other non-video signals or some combination of such signals and which is at least six (6) Mhz wide. i. "Connection" shall mean the attachment of the drop to the radio or television set or other communication device of the subscriber. -2- j. "Converter" shall mean an electronic tuning device which converts transmitted signals to a frequency which permits the reception on an ordinary television receiver. k. "Council" or "Town Council" shall mean the governing body of the Town of Vail. 1. "Drop" shall mean the cable that connects a subscriber's terminal to the nearest feeder line of the cable communications system. m. "Easement" shall mean a right to use all public rights-of-way including public utility easements. n. "Feeder line" shall mean the coaxial or fiber optic cable running from the trunk line to line extenders and taps for the purpose of interconnection to individual subscribers. o. "FCC" shall mean the Federal Communications Commission. p. "Gross revenue" shall mean all operating revenue from the cable communications system derived directly or indirectly by a Franchisee, its affiliates, subsidiaries, parent, and any person in which the Franchisee has a financial interest in association with the provision of cable communications services with the Town, including but not limited to, service tier monthly fees, pay service fees in excess of programming vendor fees, institutional service fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, advertising revenues, copyright fees; provided, however, that this shall not include any taxes on services furnished by the Franchisee payable to the State of Colorado or any other governmental unit and collected by the Franchisee on behalf of said governmental unit, or any revenues from the provision of cable communications services outside the Town, or any revenues from sale of capital assets or lease of property for purposes unrelated to cable communications system. q. "Installation" means the act of connecting the system from the feeder cable to the subscriber's receiver so that the installation is to the subscriber's terminal or receiver. r. "Institutional services" shall mean one and two way non-entertainment transmission services for businesses, public agencies and community institutions. Such services include, but are not limited to, video transmission and voice and data communications. -3- s. "Leased channel" or "leased access channel" shall mean any channel or part of a channel, available for commercial use on a fee basis by persons or entities other than a Franchisee. t. "Franchise" shall mean the non-exclusive right and authority to construct, maintain, and operate a cable communications system through use of the public streets, dedications, public utility easements, or other public right-of-way or public places in the Town pursuant to a contractual agreement executed by the Town and a Franchisee. u. "Franchisee" or "Grantee" refers to an entity authorized to construct, or operate, or both, a cable communications system within the Town pursuant to this chapter including any lawful successor, transferee, or assignee of the original Grantee. v. "Monitoring" shall mean observing a communications signal carried on a cable communications system, or the absence of such a signal, by any person without regard to whether such observation is by visual or electronic means. Monitoring shall not include system-wide sweeps of the cable communications system for purposes of verifying the integrity of the system and controlling return path of the transmissions. w. "Pay Television" shall mean the delivery over the system of per channel audio-video signals to subscribers for a fee or charge in addition to the charge for basic service. x. "Person" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. y. "Service tier" shall mean a specific set of cable subscriber services which are made available as, and only as, a group for purchase by subscribers at a specific rate for the group. z. "Street" or "public way" shall mean the surface and the space below and above any public street, road, highway, path, sidewalk, alley, court, or easement now or hereafter held by the Town 'for the purpose of public travel or public utilities and shall include public easements or rights-of-way. aa. "Subscriber" shall mean a recipient of cable television service or other services provided over a cable communications system. bb. "User" shall mean a party utilizing a cable communications systems facility for the purpose of production or transmission of material or information to subscribers. -4- 5. REQUIREMENT OF A FRANCHISE It shall be unlawful to construct, install, maintain, or operate a cable communications system or part of a cable communications system within the Town without a valid franchise obtained in accordance with the provisions of this chapter. 6. GENERAL FRANCHISE CHARACTERISTICS Any franchise issued in accordance with the provisions of this chapter shall be.deemed to: a. Authorize use of the public ways for installing cables, wires, lines and other facilities in order to operate a cable communications system, but shall neither expressly nor implied be deemed to authorize the Grantee to provide service to, or install cable, wires, lines, or any other equipment or facilities upon private property without owner consent, or to utilize publicly or privately owned utility poles or conduits without a separate agreement with the owners therefore; b. Be non-exclusive, and shall neither expressly nor implied be deemed to preclude the issuance of subsequent franchises to operate one or more cable communications systems within the Town; and c. Convey no property right to the Franchisee or right to renewal except as required by Federal and State law. 7. FRANCHISE AS A CONTRACT A franchise issued pursuant to the provisions of this chapter shall be deemed to constitute a contract between the Franchisee and the Town. The Franchisee shall be deemed to have contractually committed itself to comply with the terms, conditions, and provisions of the franchise documents, and with all rules, orders, regulations, and determinations applicable to the franchise which are issued, promulgated, or made pursuant to the provisions of this chapter. 8. CONFLICTS a. All terms, conditions and provisions of this chapter and the application for a franchise shall be deemed to be embodied_in a franchise, and conflicts in terms, conditions or provisions between these documents shall be resolved as follows: 1) The express terms of this chapter shall prevail over conflicting or inconsistent provisions of the franchise; 2) The express terms of the franchise shall prevail over conflicting or inconsistent provisions in the application and any request for proposals; and -5- 3) The express terms of any request for proposals shall prevail over conflicting or inconsistent provisions in the application for the franchise. b. The provisions of the franchise shall be liberally construed in order to effectuate its purposes and objectives consistent with this chapter and the public interest. In the event one or more provisions of the franchise or this chapter or subsequently found to be unlawful, null and void or unenforceable, the Town shall, at its sole option, have the right to consider said provisions severed from the franchise so as to continue the franchise's effectiveness, in accordance with the terms of this chapter. Any franchise agreement will be construed under the laws of the State of Colorado. 9. FRANCHISEE SUBJECT TO POLICE POWER A Franchisee shall, at all times during the life of a franchise, be subject to all lawful exercise of the police power by the Town and through such lawful regulations as the Town shall hereafter enact. The construction, operation, and maintenance of the system shall also be in full compliance with all other applicable rules and regulations now in effect or hereafter adopted by the United States, the State of Colorado, or any agency of said governments. 10. FRANCHISE VALIDITY A Grantee shall agree, by the acceptance of a franchise, to accept the validity of the terms and the conditions of this ordinance and the franchise in their entirety and that the Grantee will not, at any time in any claim or proceeding, challenge any term or provision of this ordinance or the franchise as unreasonable or arbitrary or argue that the Town did not have the authority to impose such term or condition. 11. FILING OF APPLICATIONS Applications for a cable communications franchise will be considered pursuant to the following procedures: a. An application may be filed. at any time or pursuant to a request for proposals issued by the Town. b. Upon the filing of an application, the Town shall publish notice of the filing in a newspaper of general circulation in the Town. Any person wishing to submit any comment on the application shall, within fifteen (15) days of the date of notice of the first application, file such comment with the Town Manager. c. All applications to be acceptable for filing must be accompanied by a filing fee of ten thousand sixty dollars ($10,060). The Town shall apply all filing fees received against all costs associated with its evaluation of any pending -6- applications pursuant to this chapter. In the event that total costs are less than the total filing fees, the Town shall refund a portion of the filing fee on a prorated basis for each Applicant within forty-five (45) days after franchise grant. The Town shall furnish applicant with documentation of all costs incurred at that time. 12. CONTENT OF APPLICATIONS To be acceptable for filing, an application must conform to any applicable request for proposals and all the information specified therein. Where an application is not filed pursuant to a request for proposals shall contain at minimum, the following information: a. Identification of the ownership of the Applicant, if not a natural person, including the names and addresses of all persons with one (1) percent or more ownership interest and the ultimate controlling natural persons and identification of all officers and directors and any other primary business affiliation of each. b. An indication whether or not the Applicant, or any entity controlling the Applicant, including any officer of a corporation or a major stockholder thereof, has been adjudged bankrupt, has had a cable franchise revoked, or been found guilty by any court or administrative agency in the United States of: 1) A violation of a security or antitrust law; or 2) A felony or any other crime involving moral turpitude. Identify any such person or entity and fully explain the circumstances. c. A demonstration of the Applicant's technical and financial ability to construct and operate the proposed cable facility. d. A description of the physical facility proposed, including channel capacity including one way and two way, if any, the area to be served, a summary of technical characteristics, and head end and access facilities. e. A description relating how.,any construction will be implemented, identification of areas having above ground or below ground cable facilities, the proposed construction schedule, and a description where appropriate, indicating how service will be converted from any existing facility to a new facility. f. A description of the services to be provided over the system, including identification of television signals, both broadcast and non-broadcast, to be carried and all non-television services to be provided initially. Where service will be offered by tiers, identify the signals or services, or both, to be included on each tier. -7- g. The proposed rates to be charged, including rates for each service tier, as appropriate, and charges for installation, converters and other services. h. Information as necessary to demonstrate compliance with all relevant requirements contained in this chapter. i. A demonstration stating how the proposal is reasonable to meet the future cable related community needs and interests. In particular, the application should describe how the proposal will satisfy the needs .as analyzed in any recent community needs assessment commissioned by the Town. j. A demonstration how the proposal was designed to be consistent with all federal and state requirements. k. Pro forma financial projections for each year of the franchise term. The projections shall include a statement of income, balance sheet, statement of sources and use of funds, and schedule of capital additions. All significant assumptions shall be explained in notes or supporting schedules set accompanying the projections. 1. A complete list of all cable communications systems in which the Applicant or a principle thereof holds an equity interest. m. An affidavit of the Applicant or duly authorized officer thereof certifying, in a form acceptable to the Town, the truth and accuracy of the information contained in the application. n. In the case of an application by an existing Franchisee for renewed franchise, a demonstration that said Franchisee has substantially complied with the material terms of the existing franchise and with applicable law. o. Any person who files an application with the Town for a cable communications franchise shall forewith, at all times, disclose to the Town, in writing, the names, addresses, and occupations of all persons who are authorized to represent or act on behalf of the Applicant in those matters pertaining to the application. The requirement to make such disclosure shall continue until the Town shall have rejected an Applicant's application or until an Applicant withdraws its application. ~~ 13. CONSIDERATION OF APPLICATIONS a„ The Town shall consider each application for a franchise with the applications found to be acceptable for filing and in substantial compliance with the requirements of this chapter and any applicable request for proposals. In evaluating an.application, the Town will consider, among other things, the Applicant's past service record in other communities, the nature of the proposed -8- facilities and services, including rates to be charged therefor, and whether the proposal is adequate to meet the future cable related community needs and interests of the citizens of the Town. Where the application is for a renewed franchise, the Town shall consider whether: 1) The cable operator has substantially complied with the material terms of the existing franchise and with applicable law; 2) The quality of the operator's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system, has been reasonable in light of community needs; 3) The operator has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the operator's proposal; and 4) The operator's proposal is reasonable to meet the future cable related community needs and interests, taking into account the cost of meeting such needs and interests. b. Where the Town determines that an Applicant's proposal, including the proposed service area, would serve the public interest, and may grant a franchise to the Applicant. The franchise agreement will constitute a contract, freely entered into, between the Town and the Grantee. Said franchise agreement shall incorporate by reference the relevant provisions of this chapter. Any such franchise must be approved by ordinance of the Town Council pursuant to the ordinances of the Town and the Charter of the Town. c. In the course of considering an application for renewed franchise, the Council shall hold a public hearing, consistent with the provisions of 47 U.S.C., Section 626 as existing or as may from time to time be amended. d. A franchise granted pursuant to this chapter shall not take effect until the Applicant pays a grant fee to the Town. The grant fee shall be equal to the Town's reasonable direct costs in the franchising process, less the application filing fee received. The Town shall provide to the Grantee a statement summarizing such costs prior to the execution of the franchise. 14. ACCEPTANCE A franchise and its terms and conditions shall be accepted by a Grantee by written instrument, in a form acceptable to the Town Attorney, and filed with the Town Clerk within thirty (30) days after the granting of the franchise by the Town. In its acceptance, the Grantee shall declare that it has carefully read the terms -9- and conditions of this ordinance and the franchise and accepts all of the terms and conditions of this ordinance and the franchise and agrees to abide by same. In accepting a franchise, a Grantee shall indicate that it has relied upon its own investigation of all relevant facts, that it was not induced to accept the franchise and that it accepts all reasonable risks relating to the interpretation to the franchise. 15. FRANCHISE TERM The term of a franchise shall be as specified in the franchise agreement, but it shall not exceed (_) years. If a Franchisee seeks authority to operate a cable system in the Town beyond the term of its franchise, it shall file an application for a renewed franchise not later than thirty (30) months prior to the expiration of its franchise. 16. FRANCHISE FEE a. The franchise fee in consideration of the privilege granted under a franchise for the use of the public ways and the privilege to construct and operate a cable communications system, shall pay to the Town five (5) percent of its annual gross revenues during the period of its operation under the franchise. b. A Franchisee shall file with the Town, thirty (30) days after the last day of each quarter, a financial statement showing the gross revenues received by the Franchisee during the preceding quarter. A Franchisee shall pay the quarterly portion of the franchise fee to the Town on or before the time such financial statement is due to be filed. A Franchisee shall also file, no later than ninety (90) days after the end of each of the Franchisee's fiscal years, the Franchisee's financial statements for the preceding year, certified by an officer of the Franchisee. Any franchise fee payment in adjustment for any shortfall of the total quarterly payments for the year shall be made at that time. Adjustments for any overpayment shall be by credit to subsequent quarterly payments. c. The Town shall have the right consistent with the provisions of this chapter to inspect a Franchisee's income records, to audit any and all relevant records, and to recompute any as determined to be payable under the franchise and this ordinance. d. In the event that any franchise payment is not received by the Town on or before the applicable date, interest shall be charged from such due date at an annual interest rate then chargeable for unpaid federal income taxes (26 U.S.C., Section 6621). In addition to the foregoing, the Franchisee shall pay a late charge of five (5) percent of the amount of such payment. Interest and late charges will -10- not be chargeable to the Franchisee for additional payment required under the yearly adjustment, provided that such payment does not exceed ten (10) percent of the total monthly payments made during the year. In the event such payment exceeds ten (10) percent, the Franchisee shall be liable for interest and late charges for the entire amount. e. In the event a franchise is revoked or otherwise terminated prior to its expiration date, the Franchisee shall file with the Town, within ninety (90) days of the date of revocation or termination, an audited financial statement showing the gross revenues received by the Franchisee since the end of the previous year and shall make adjustments at that time for the franchise fees due up to the date of revocation or termination. 17. INSURANCE, BONDS, INDEMNITY a. Upon the granting of a franchise and following simultaneously the filing of the acceptance of the franchise and at all times during the term of the franchise including the time for removal of facilities or management as a trustee as provided for herein, the Franchisee shall obtain, pay all premiums for, and deliver to the Town written evidence of payment of premiums for and the originals of the following: 1) A general comprehensive public liability policy or policies indemnifying, defending, and saving harmless the Town, its officers, boards, commissions, agents, or employees from any and all claims by any person whatsoever, including the costs, defenses, attorneys fees, and interest arising therefrom on account of injury to or death of a person or persons occasioned by the operations of the Franchisee under the franchise herein granted, or alleged to have been so caused or occurred, with a minimum liability of one million dollars ($1,000,000) per personal injury or death of any one (1) person and three million dollars ($3,000,000) for personal injury or death of any two (2) or more persons in any one (1) occurrence. The policy shall be endorsed adding coverage against all claims for personal injury liability offenses. 2) A property damage insurance policy or policies indemnifying, defending, and saving harmless the Town, its officers, boards, commissions, agents, and employees from and against any and all claims by any person whatsoever, including the costs, defenses, attorneys fees, and interest arising therefrom, for property damage occasioned by the operation of the Franchisee under the franchise herein granted, or alleged to have been so caused or occurred, with a minimum liability of five hundred thousand dollars ($500,000) for property damage to the -11- property of any one (1) person and one million dollars ($1,000,000) for property damage to the property of two (2) or more persons in any one (1) occurrence. 3) A performance bond or bonds in favor of the Town with good and sufficient surety approved by the Town in the sum set forth in the franchise agreement conditioned upon the faithful performance and discharge of the obligations imposed by this ordinance and the franchise awarded hereunder from the date hereof. The amount of the bond may be reduced as any construction that is required is completed, consistent with the franchise agreement. b. The bond requirements set forth above shall no longer apply upon completion of construction and inspection by the Town as follows: (1) Franchisee shall give notice to the Town at such time as Franchisee has completed the construction. (2) Upon receipt of notice, the Town shall have sixty (60) days to receive a written report from an independent engineer; provided, however, if the Town fails to receive such a written report within the sixty (60) days the completion of construction shall be deemed to have taken place, unless the failure to receive such a report is due to unforeseen events, acts of God, or events beyond the reasonable control of the Town. (3) Notwithstanding anything to the contrary, the Town may condition completion of the construction upon receipt of a written report from an independent engineer. The completion of the system upgrade or system rebuild shall not be deemed to have taken place until the independent engineer reports the following: (a) All construction or improvements contemplated by the Franchisee have been completed or otherwise satisfactorily resolved; (b) Satisfactory test results using the technical standards set forth in this franchise agreement at up to ten (10) widely separated subscriber drops selected by the independent engineer and using the following tests: 1) Signal level...., 2) Hum ~ ~~ 3) Bypass responsive system 4) Carrier to noise of system 5) TASO picture quality (2 or better) (c) Compliance with all applicable codes and standards. (d) Carriage of the basic service as available, as set forth in this franchise ordinance. -12- c. All bonds and insurance policies called for herein shall be in a form satisfactory to the Town Attorney. The Town may at any time, if it deems itself insecure, require a Franchisee to provide additional sureties to any and all bonds or to replace existing bonds with new bonds for good and sufficient surety approved by the Town. d. A Franchisee shall, at its sole cost and expense, indemnify and hold harmless the Town, its officials, boards, commissions, agents and employees against any and all claims, suits, causes of action, proceedings, and judgments for damage arising out of the operation of the cable communications system by Franchisee under the franchise. These damages shall include, but not be limited to, penalties arising out of copyright infringements and damages arising out of any failure by Franchisee to secure consent from the owners, authorized distributors or licensees or programs to be delivered by the Franchisee's communications system whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise. Indemnified expenses shall include, but not be limited to, all out-of-pocket expenses, such as costs and attorneys fees, and shall also include the reasonable value of any services rendered by the Town Attorney or his or her assistants or any employees of the Town. e. No Franchisee shall permit any policy or bond to expire and the Franchisee, not less than thirty (30) days prior to its expiration shall deliver to the Town a substitute renewal or replacement bond or bonds in conformance with the provisions of this ordinance. 18. LETTER OF CREDIT a. The Town may at its discretion require that a Franchisee obtain a letter of credit. When and if the Town should so require, the Franchisee shall deposit with the Town a letter of credit from a financial institution approved by the Town in the amount of fifty thousand dollars ($50,000). The letter of credit may not be revoked or terminated during the term of the franchise except with the written approval of the Town. The form and the content of such letter of credit shall be approved by the Town Attorney. The .letter of credit shall be used to insure the faithful performance by the Franchisee of all provisions of the franchise and of this ordinance; compliance with all orders, permits, and directions of any agency, commission, board, department, division, or office of the Town having jurisdiction over its acts or defaults under this license; and the payment by the Franchisee of any claims, liens, and taxes due the Town or other municipalities which arise by reason of the construction, operation or maintenance of the system. -13- b. The letter of credit shall be maintained by the Franchisee at twenty five thousand dollars ($25,000) during the entire term of the franchise as the Town may require, even if funds are drawn against it pursuant to this ordinance. c. The letter of credit shall contain the following endorsement: "It is hereby understood and agreed that this letter of credit may not be cancelled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after the receipt by the Town Attorney, by certified mail, of a written notice of such intention to cancel or not to renew. d. At the Town's option it may draw against the letter of credit for any unpaid liquidated damages, franchise fees, or other amounts owing to it under the franchise which are thirty (30) days or more past due. The Town shall notify the Franchisee in writing at least ten (10) days in advance of drawing upon the letter of credit. 19. LIQUIDATED DAMAGES In the event that the Town finds the Franchisee is in violation of any material obligation under this ordinance or the franchise, the Town shall notify the Franchisee in writing of such apparent violation and require the Franchisee to cure the default within a reasonable time. The Franchisee shall respond in writing to the notice of violation within ten (10) working days from receipt of such notice setting forth the steps taken to correct or propose to correct the violation. The Town may extend the time for such response upon a showing of just cause by the Franchisee. Franchisee may, within three (3) days of receipt of such notice, notify the Town that there is a dispute as to.whether a violation or failure has in fact occurred. Such notice by the Franchisee to the Town shall specify with particularity the matters disputed by the Franchisee and shall stay the running of the above described time. The Town shall hear the Franchisee's dispute at a regularly scheduled meeting within a reasonable period of time. If after hearing the dispute, the claim is upheld by the Town, Franchisee shall have five (5) days from such a determination to remedy the violation or failure. The Town may assess penalties as follows: a. Up to one hundred dollars ($100) per day for construction related violations. b. Up to fifty dollars ($50) per day for recurring violations. c. Up to five hundred dollars ($500) for other violations. The penalties set forth herein are in addition to all other rights of the Town whether reserved by this franchise ordinance or authorized by law and no -14- action, proceeding or exercise of a right with respect to such penalty shall affect any other right the Town may have. It shall not be considered a violation should the failure to comply with any obligation of this ordinance or the franchise agreement occur without fault of the Franchisee or occurs as a result of circumstances beyond the Franchisee's control. 20. FORFEITURE AND TERMINATION a. In addition to all other rights and powers retained by the Town under this ordinance and any franchise issued pursuant thereto, the Town reserves the right to forfeit and terminate the franchise and all rights and privileges of the Franchisee in the event of substantial breach of its terms and conditions. A substantial breach by the Franchisee shall include, but shall not be limited to, the following: 1) An uncured violation of any material provision of this ordinance or franchise issued thereunder, or any material rule, order, regulation, or determination of the Town made pursuant thereto; 2) An attempt to evade any material provision of the franchise or practice of any fraud or deceit upon the cable communications system customers and subscribers or upon the Town; 3) Failure to begin or substantially complete any system construction or system extension as set forth in the franchise; 4) Failure to prov ide the mix, quality, and level of services promised in the application or specified in the franchise or a reasonable substitute therefor; 5) Failure to restore service after ten (10) consecutive days of interrupted service except when approval of such interruption is obtained from the Town; 6) Material misrepresentation of fact in the application for, or during negotiation relating to, the franchise; 7) Failure to provide surety and indemnity as required by the franchise or this chapter. 8) If Heritage becomes insolvent, unable or unwilling to pay its debts or is adjudged to be bankrupt. b. None of the foregoing shall constitute a major breach if a violation occurs which is without fault of the Franchisee or occurs as a result of circumstances beyond the Franchisee's control. The Franchisee shall not be excused -15- by mere economic hardship nor by the nonfeasance or malfeasance of its directors, officers, agents, or employees; provided, however, that damage to equipment causing service interruption shall be deemed to be the result of circumstances beyond the Franchisee's control if it is caused by any negligent act or unintended omission of its employees, assuming proper training or agents, assuming reasonable due diligence in their selection, or sabotage or vandalism or malicious mischief by its employees or agents. The Franchisee shall bear the burden of proof in establishing the existence of such conditions. c. The Town shall make a written demand by certified mail that the Franchisee comply with any such provision, rule, order or determination under or pursuant to the franchise. If a violation of the franchise continues for a period of thirty (30) days following such written demand without written proof that the corrective action has not been taken or is being actively and expeditiously pursued, the Town may consider terminating the franchise; provided, however, a written notice thereof shall be given to the Franchisee at least fifteen (15) days in advance and the Franchisee must be given an opportunity to appear before the Council to present its arguments. Should the Town determine, following the public hearing, that the violation by the Franchisee was the fault of the Franchisee and within the Franchisee's control, the Town may, by resolution, declare that the franchise be forfeited and terminated; provided, however, the Town may in its discretion, provide an opportunity for the Franchisee to remedy the violation and come into compliance with the franchise and this ordinance so as to avoid the termination. 21. FORECLOSURE Upon the foreclosure or other judicial sale of all or a susbstantial part of the cable communications system facilities, or upon the termination of any lease covering all or a substantial part of the cable communications system, or upon the occasion of additional events which effectively cause termination of the system's operation, the Franchisee shall notify the Town of such fact, and such notification or the occurrence of such terminating events shall be treated as a notification that a change in control of the franchise has taken place and the provisions of this ordinance governing the consent of the Town to such change and control other franchise shall apply. 22. RECEIVERSHIP The Town shall have the right to cancel their franchise issued one hundred twenty (120) days after the appointment of a receiver, or trustee, to take over and conduct the business of the Franchisee, whether in receivership, reorganization, -16- bankruptcy, or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: a. Within one hundred twenty (120) days after the election or appointment, such receiver or trustee shall have fully complied with all of the provisions of this ordinance and remedied any defaults thereunder; and b. Within said one hundred twenty (120) days, such receiver or trustee shall have executed an agreement duly approved by the court having jurisdiction whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this ordinance and the franchise granted to the Franchisee. 23. REMOVAL OF CABLE COMMUNICATIONS SYSTEM At the expiration of the term for which a franchise is issued hereunder is granted or upon its termination as provided herein, the Franchisee shall forewith, upon notice by the Town, remove at its own expense all designated portions of the cable communications system from all streets and public ways within the Town, and shall restore said streets and public ways to their former condition; provided, however, the Franchisee shall have the right to sell its physical plant to a subsequent Franchisee, subject to Town approval, in which case said plant need not be removed. If the Franchisee fails to remove its facilities upon request, the Town may perform the work at the Franchisee's expense. 24. TRANSFER OF OWNERSHIP OR CONTROL a. A franchise issued pursuant to this Chapter shall not be sold, assigned, transferred, leased, or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger, consolidation, or hypothicated in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein pass to or vest in any person or entity, or the controlling interest in any corporation holding a franchise hereunder be changed without the prior consent of the Town, and then only.,under such conditions as may be required by the Town. The Franchisee shall notify promptly the Town of any proposed change in, or transfer of, or acquisition by any other party of control of the Franchisee. The word "control" as used herein is not limited to major stockholders, but includes actual working control in whatever manner exercised. A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group or persons of ten (10) percent of the voting shares of the Franchisee. Every change, transfer, or acquisition of control of the Franchisee shall make the franchise subject to cancellation unless and until the Town shall -17- have consented thereto. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the Town may inquire into the qualifications of the prospective controlling party, and the Grantee shall assist the Town in any such inquiry. The consent of the Town shall not be unreasonably withheld. b. The consent of approval of the Town Council to any transfer of the grant shall not constitute waiver or release of the rights of the Town in and to the public ways, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of the ordinance and franchise agreement. 25. SUBSCRIBER FEES AND RATES a. The initial fees to be charged to subscribers for all services including installation fee and other one time charges shall be specified in any franchise agreement issued pursuant hereto. b. Those fees and charges which are subject to regulation by the Town in accordance with Federal law shall not be increased without prior approval of the Town. c. In order to obtain Toam approval for rate increases, the Franchisee shall file a revised schedule of rates with the Town at least ninety (90) days in advance of a proposed rate increase. Subscribers shall be notified of the proposed increases within ten (10) days of notice to the Town. This filing shall specify the rates or fees to be increased and associated regulations which may affect charges to the subscribers and the justifications for said increases and charges. The Franchisee shall promptly submit any additional supporting information requested by the Town. d. Within thirty (30) days of the rate increase filing, the Town shall schedule a public meeting before the Council to hear subscriber and Franchisee comment on the proposed increase. Following the public meeting, the Council shall determine whether or not to grant the proposed increase or a portion thereof prior to the expiration of said ninety (90) day period. e. Rates shall be just and reasonable, considering the Franchisee's costs, including a reasonble rate on investment over the remaining term of the franchise, and shall not give any undue or unreasonable preference or advantage to any subscriber or class of subscribers. f. Rates and charges may be reduced at any time without prior Town approval, provided that the reductions do not result in rates which are unreasonably discriminatory to any subscriber or class of subscribers. Where temporary -18- reductions are put into effect for promotional purposes for a specified time period, a return to the permanent rate shall not be considered a rate increase for the purpose of this Chapter. The Town shall be notified of all reductions in rates whether permanent or temporary. g. Rates and charges not subject to regulation by the Town under Federal law or regulation may be changed by the Franchisee following a minimum of thirty (30) days prior notice to the Town and a minimum of thirty (30) days prior notice to all subscribers of basic service. 26. REPORTS a. Annual Report No later than one hundred twenty (120) days after the end of the each Franchisee's fiscal years, the Franchisee shall file a written report with the Town which shall include: 1) A summary of the previous calendar year's activities and development of the system, including but not limited to, services begun or dropped, number of subscribers, including gains and losses, homes past, and miles of cable distribution plants and service. 2) A financial statement certified by an officer of Heritage including a statement of income, a balance sheet, and a statement of sources and applications of funds. The statement shall include notes that specify all significant accounting policies and pr°actices upon which it is based, including, but not limited to, depreciation rates and methodology, overhead and interest system cost allocation methods, and basis for interest expense. A summary shall be provided comparing the current year with the three previous years. The statement shall contain a summary of the payments. 3) An annual summary of complaints received. 4) An annual projection of plans for the future. 5) An annual report of the company. 6) A current annual statement of cost of construction by component category. 7) An ownership report, indicating all persons, who at any time during the preceding year directly controlled or benefited from an interest in the franchise of five (5) percent or more of the Grantee. 8) A copy of all the Franchisee's rules and regulations applicable to subscribers and users of the cable communications system. -19- b. Additional Reports The Franchisee shall prepare and furnish to the Town at the times and in the form prescribed, such additional reports with respect to its operation, as may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the Town in connection with this ordinance or the franchise agreement. 27. RECORDS REQUIRED a. Mandatory Records The Franchisee shall at all times maintain: 1) A record of all complaints received during the term of the franchise. 2) A full and complete set of plans, records and "as built" maps showing the exact location of all cable television system equipment installed or in use in the Town, exclusive of subscriber service drops. b. Inspection by Town Upon reasonable notice to the Franchisee, the Town shall have the right to inspect all records relating to the cable operations at any time during normal business hours. All records required by the Town for such inspection shall be made available within the Town of Vail, Colorado, within a reasonable time after the request. 28. FILINGS The Franchisee shail mail or deliver a copy of all filings it makes with State and Federal agencies to the Town Clerk. Said copy shall be mailed or delivered on the filing date. 29. SERVICE CALLS AND COf~1PLAINT PROCEDURES a. During the term of the cable franchise, the Franchisee shall maintain an office in the Town or in the vicinity thereof which subscribers within the franchise area may telephone without incurring toll charges. Except in the event of catastrophic failure., no subscriber's complaint shall remain without investigation by the Franchisee for more than a twenty-four (24) hour period. The Franchisee will provide the Town with a name, address and telephone number of the person who will act as the Franchisee's agent to receive complaints regarding quality of service, equipment malfunctions and similar matters. The local office shall be open to receive inquiries or complaints from subscribers during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m. Monday through Friday excluding legal holidays. The Franchisee shall provide the means to accept complaint calls twenty -20- four (24) hours a day, seven (7) days a week. Accurate records shall be kept by the Franchisee summarizing the nature, extent, time and date by which the complaint was resolved or sought to be resolved. The Franchisee shall promptly furnish each present or future subscriber with a letter of instruction explaining the importance and the manner of reporting complaints and rules and regulations governing the obligations of the Franchisee to respond to subscriber complaints. Calls or letters involving complaints about billing and programming will be handled immediately whenever possible. A written complaint will be retained for two (2) years, including a summary reply. The complaint filed shall be available for periodic inspection by the Town. b. Should a subscriber have an unresolved complaint regarding the quality of the cable television service, equipment malfunctions, or other pertinent matters, the subscriber shall be entitled to meet jointly with the Town Manager or his authorized representative and the Franchisee System Manager to fully discuss in an attempt to resolve such matters, provided, that prior to such meeting, the subscriber shall clearly state in writing the specific nature, frequency and extent of the alleged problem and the dates on a~hich the problem has occurred. This written complaint shall be filed with the Town Manager; who shall forward a copy of such complaint to the Franchisee System Manager. Franchisee shall then have five (5) days after receiving the complaint within which to assess the problem and file a written response with the Town Manager stating specifically what has been done to correct the problem. If the subscriber remains unsatisfied after following this procedure he may then request that such a meeting with the Town Manager or his authorized representative and Franchisee System Manager be held. When there have been similar complaints made or where there exists other evidence which in the judgment of the Town cast doubt on the reliability or quality of cable service, the Town shall have the right and authority to require the Franchisee to test, analyze and report on the performance of the system. The Franchisee shall fully cooperate with the Town in performing such testing and shall prepare results in a report, if requested, within thirty (30) days after notice. Such report shall include the following information: 1) The nature of the complaint or problem which precipitated the tests. 2) Ldhat system component was tested. 3) The equipment used and procedures employed in testing. -21- 4) The method, if any, in which the complaint or problem was resolved. 5) Any other information pertinent to said tests and analysis which may be required. lrJhere there are recurring service problems, the Town may require that tests be supervised by a qualified independent professional engineer not on the permanent staff of the Franchisee. The engineer shall sign all records of special tests and forward to the Town such records with a report interpreting the results of the tests and recommending actions to be taken. The costs of said engineer's services shall be the sole obligation of the Franchisee. 30. SERVICE TO SUBSCRIBERS A Franchisee shall provide all the following services to subscribers: a. A basic subscriber television service tier which consists, at minimum, of any legally required must carry signals an information and weather channel and at least one (1) public educational and governmental access channel. b. The Franchisee shall provide leased access channels to the extent required by Federal law. c. A Franchisee shall provide equipment directly or through grants for local program production by all cable users for live and video tape presentation over the cable television system. The Franchisee shall have no control over the content of access programs. Any public access channel shall be made available to any member of the public on a first come, first served, nondiscriminatory basis. 31. LEASED ACCESS The Franchisee shall make channels available for leased or commercial use as specified in the franchise agreement consistent with Federal law. 32. PUBLIC DROPS The Franchisee shall provide without charge within the franchise area one drop activated for basic subscriber cable television service to each fire station, public school, police station, public library, municipal building and other such buildings used for public purposes. 33. LOCK OUT DEVICE The Franchisee shall provide, for sale or lease, upon request, a lockout device for use by a subscriber. Such device shall be capable of restricting the reception of any channel. The lockout device should be made available to all subscribers requesting it and the charge and availability of this device shall be made a part of the rate schedule. _22_ 34. PROTECTION OF SUBSCRIBER PRIVACY Franchisee shall protect the Town's privacy consistent with the provision of 47 U.S.C. 631, as amended. 35. CONSTRUCTION AND INSTALLATION WORK a. The Town shall have the right to inspect all construction and installation work performed by the Franchisee subject to this Chapter as it shall find necessary to insure compliance with the governing ordinances and the franchise. b. All construction, installation, and maintenance must comply with all Town ordinances including all uniform codes adopted by the Town and all state and local regulations and good and accepted industry practices. 36. LOCATION OF STRUCTURES, LINES AND EQUIPMENT a. The Franchisee shall utilize existing poles, conduits and other facilities whenever possible, and shall not construct or install airy new, different or additional poles, conduits or other facilities whether on public property or on privately owned property until approval of the property owner or appropriate governmental authority is obtained. However, the location and installation of any pole, conduit, or other facility by a Franchisee shall not create a vested interest, and such poles, structures, or facilities shall be removed, replaced, or modified by a Franchisee at its oavn expense whenever the Council or other governmental authority determines that the public interest so necessitates. b. All transmission and distribution structures, lines and equipment installed by the Franchisee within the Town shall be located so as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the streets, alleys or other public ways or places and where they will not interfere with any gas, electric, telephone, water or other preexisting utility facility. c. All such poles and other fixtures in any street or public ~vay shall be placed in full accordance with the standards set forth in the Municipal Code of the Town of Vail. d. Cable shall be installed underground at Franchisee's expense where both the existing telephone and electrical utilities are already underground. Previously installed aerial cable shall be placed underground in concert with other utilities when:both the telephone and electrical utilities convert from aerial to underground construction. Franchisee shall place cable underground in newly platted areas in concert with both the telephone and electric utilities unless this -23- requirement is waived by the Town. Equipment shall not be stored on Town right-of- way. 37. REPLACEh1ENT OF PAVING The Franchisee at its own cost and expense and in a manner approved by the Town shall replace and restore all paving, side~valks, driveways or surface of any street or alley or public way disturbed, in as good a condition as before the work was commenced and shall maintain the restoration in an impruved condition for a period of one (1) year. Failure of the Franchisee to replace or restore such paving, sidewalk, driveway, or street surface within forty eight (48) hours after completion of work shall authorize the Town to cause the proper restoration to be made at the Franchisee's expense. 38. ALTERATION OF STREETS BY ~TOIJN If' the Town shall lawfully decide to alter or change the grade of any street, alley, or other public way, the Franchisee, upon reasonable notice by the Town, shall, in a timely manner as requested by the Town, remove and relocate its poles, wirE~s, cables, underground conduits, and other facilities at its own expense. If other utilities are compensated, Franchisee shall be entitled to the same comper~sati on . 39. Tf2IMMING TREES A Franchisee shall have the authority to trim trees upon an overhanging of streets, alleys, sidewalks, and public. places of the Town so as to prevent the branches o~f such trees from coming into contact with wires and cables and other television conductors and fixtures. of the Franchisee. The Town may require all trimming to be done under its supervision and direction and at the expense of the Franchisee. 40. TEMPORARY f~lOUE OF CABLES A Franchisee shall on the request of any person holding a valid house moving permit, temporarily raise or lower its wires or cables to permit the moving of buildings or other large projects. The expense of such temporary raising or lowering of wires shall be paid by the person making the request, and the Franchisee shall have the authority to require such payment in advance. The Franchisee shall be given not less than forty eight (48) hours advance notice to arrange for such temporary wire changes. 41. REFUNDS AND SERVICE TERMINATIONS a. A Franchisee shall establish and conform to the following policy regarding refunds to subscribers and users: -24- "If the Franchisee collects a deposit or advance charge on any service or equipment requested by a subscriber or user, the Franchisee shall provide such service or equipment within thirty (30) days of the collection of the deposit or charge or' the Franchisee shall refund such deposit or charge within five (5) business days thereafter. Nothing in this Section shall be construed: 1) To relieve a Franchisee of any responsibility it may have under separately .executed contracts or agreements with its subscribers or users; 2) As limiting a Franchisee's liability for damages, if any, which may be imposed under the franchise for the violation or breach of any provisions thereof; or 3) To limit the Franchisee's liability for damages, if any, because of its failure to provide the service for which deposit or charge was made. b. The following requirements shall apply to subscriber disconnection: 1) There shall be no charge for disconnection of any installation, service or outlet. All cable communications equipment shall be removed within a reasonable time from a subscriber's property upon the subscriber's request, such time not to exceed thirty (30) days from the date of request. Franchisee may charge for adding or deleting channels at the subscriber's request. 2) If any subscriber fails to pay a properly due monthly subscriber's fee, or any other properly due fee or charge, the Franchisee may disconnect the subscriber's service; provided, however, that such disconnection shall not be effected until thirty (30) days after the due date of the monthly subscriber fee or charges and shall include a minimum five (5) days written notice to the subscriber of the intent to disconnect. After disconnection, upon payment in full of all proper fees or charges, including the payment of any reconnection charge, the Franchisee shall promptly reinstate the service. 42. SERVICE AREA The Franchisee shall offer full~.cable television service to all areas of the Town unless specifically authorized to ser°ve a lesser area. A franchise issued in accordance with this Ordinance shall require that all dwelling units within the franchise territory be offered service on the same terms and conditions; provided, however, multiple family dwelling complexes, apartments, or condominiums may be sei,ved on a master-bill basis; and further, service to motels, hotels, hospitals, and similar businesses or institutions may be offered on terms and conditions different from single residence subscribers. In the event that subsequent to the issuance of a franchise the Town annexes additional territory, a Franchisee shall -25- extend its cable television services into the annexed area within a reasonable time of a request by the Town to do so. Such reasonable time shall not be less than nine (9) months. 43. CONTINUITY OF SERVICE a. ~ 4Jhere a Franchisee rebuilds, modifies, or sells its system, it shall ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. b. As long as it is entitled to revenues from the operation of the cable system, a Franchisee shall maintain continuity of service during any temporary transition in the franchise, including but not limited to, the following circumstances: 1) Revocation of the franchise. 2) Nonrenewal of the franchise. 3) Transfer of the cable system to the Town or another entity. 44. TRANSITIONAL OPERATION In the event a Franchisee continues to operate the system in a transitional period, with Town acquiescence, following the expansion, revocation, or other termination of the franchise, it shall be bound by all the terms, conditions, and obligations of the franchise as if it were in full force and effect. The terminating Franchisee shall cooperate with the Town and any subsequent Franchisee in maintaining and transferring service responsibility. 45. PERIODIC REEVALUATION AND RENEGOTIATIONS a. Since the field of cable communications is rapidly evolving and many technological, regulatory, financial, marketing, legal, competitive, and other changes are likely to occur during a franchise term, a degree of flexibility is needed iri order to achieve and maintain a modern and efficient cable communications system that adequately serves the public. To this end, the Town with cooperative assistance from a Franchisee, shall periodically reevaluate the system operation and negotiate appropriate franchise changes. b. The Town shall reevaluate the~Franchisee's cable operations and service three (3) years following the award date of the franchise and every three (3) years thereafter for the life of the franchise. The Franchisee shall cooperate with the Town in such evaluation and provide information as may be necessary for the evaluation. c. Following the public release of a reevaluation report, the Town and the Franchisee shall meet to discuss the reevaluation and possible means of -26- improving service to the public. At that time, the parties shall negotiate any changes in the franchise that may be necessary or desirable. Upon request of the Town, Franchisee shall, no earlier than ninety (90) days and no later than thirty (30) days prior to a review and evaluation session, conduct a written survey of subscribers. Each questionnaire shall be prepared and constructed in good faith so as to provide measurements of subscribers preferences and satisfaction for: (1) Programming offered by Franchisee at the time the survey is conducted. (2) Programming generally available to cable subscribers nationally but not offered by Franchisee at the time the service is conducted. (3) Maintenance and subscriber complaint practices. As a part of the review and evaluation session, Franchisee shall repo-°t in r~;riting what steps it may be taking to implement the findings of the survey. d. The Town and the Franchisee may meet at other times to discuss and negotiate possible changes to the franchise pursuant to an agenda agreed to in advance by both parties. Such special sessions are intended to provide a mechanism for effecting franchise changes necessitated by major events affecting cable communications, such as state or federal legislation, new or revised state or federal regulations, or an extraordinary change in circumstances. 46. THEFT OF SERVICES AND TAMPERING a. No person, whether or not a subscriber of the cable television system rrray intentionally or knowingly damage or cause to be damaged any wire, cable, conduit, equipment or apparatus of the Franchisee or commit any act within intent to cause such damage, or to tap, remove, or tamper ~vith or other°wise connect or maintain any wire or device to a wire, cable, conduit, equipment and apparatus or appurtenances of the Franchisee with the intent to obtain and maintain a signal or impulse from the cable system without authorization from or compensation to the Franchisee, or to obtain and maintain cable television or other communications service with the intent to cheat or defraud Franchisee of any lawful charge to which it is entitled. b. Any person convicted of violating any provision of this Section is subject to a fine of not more than five hundred dollars ($500) for each offense. 47. RENEGOTIATION If any court of competent jurisdiction, the FCC or any state regulatory body rules, decisions or other action determines prior to the commencement of system construction, that any material provision of this Ordinance or any franchise granted _2~_ pursuant thiereto, is invalid or unenforceable, then in such event, the Town shall retain the right to renegotiate any franchise entered into prior to any such rule, decision or~ other action. For the purpose of this section, "Commencement of System Construction" shall mean the first day that physical construction, including but not limited to, the placing of cable on poles or underground, actually begins. 48. SE:VERABILITY If' any provision, section, subsection, sentence, clause or phrase of this Ordinance is for airy reason held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the Town Council in adopting and approving this Ordinance then no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation and all provisions of this Ordinance are declared to be severable. INTRODlCED, READ AND APPROVED ON FIRST READING THIS day of the day of 1989 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of Kent R. Rose, Mayor ATTEST: Pamela A. E3randmeyer, Town Clerk 1989. INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer; Town Clerk 1989, and a public hearing shall be held on this Ordinance on _28_ ~~,~~ ~~ c~.~~, i dam- ~~ ~~~ ,. ~ /lose ~~~e , ~l~ ~v / i"~ ~~~r' Z~~ ~9~ ~ ~a S'ic~s~. ~1~ (,QniQ,~G~ ,sly' ~ ~~i~ <~~O ~dC'iy~-7 on ..~~ 2 ~/~ ~~ ~~~ ~i?" ~ ~~1 ~~~~ GD'S' ~`~ ~ ~ 8 ~~7 `~_ v~ ~ ~~Qn~ ~~ ~!9'it'~a ~®~?Gds-r ~~ ~b ~ ~7 / 9~ ~ . ~• ~. ~~i/~sJ .~'3~ ill.// ~-~~ ~~.~ ~~ C/cZs~ ~~d/c~~ ~°/~ S'~ ~A~~DRe~~ ENERGl( RES®~JRCES C®NIPA6~V~ MAR 2 1 5989 P. O. Bou 567 ~ Palmer lake, Colorado 80133 ~ (719)681-2003 ~ FAX (719)481-4013 March 17, 1989 Commissioners Colorado ~Jater Quality Control Commission 4210 F. 11th Avenue, Room 319 Denver, Colorado 80220 Dear Commissioners: The intent of this letter is to sharpen your commission's focus on several lessor known Two forks related facts. First, it is a nationally recognized fact that major water quality decisions are normally made within the perspective of long range, area wide water planning guidelines. Unfortunately, your commission 'has been seriously handicapped because neither Denver, nor the state, nor the Corps has ever attempted statewide water planning. This is because of Colorado's unique inter-basin divisiveness when it corms to water matters. iJhen Two Forks is analyzed as a stand alone project in the LIS, it substantially degrades Colorado's water quality. This is because the Two Forks concept depends on .the same South Platte and Upper Colorado headwater sources that have already been seriously depleted for last Slope growth. From a long range viewpoint, the water quality threat is even greater, as Denver's water rights and plans call for numerous additional diversions into Two Forks from these same distressed sources. Denver's foot-in-the-door scheme is a key reason for its current desperate push for a Two Forks permit. Your critical water quality decision must necessarily be based on the total cuanalative iarpact of Two forks and its related projects. This is especially true for those smaller projects that would be constructed first as a pre-condition to any long range Two lorlcs permit. If your commission would follow this legally essential analysis, Two Forks ~rould clearly not be p~~; ttable o As stewards of Colorado's water quality, your critical Two Forks decision should be tempered with the fact that several environmentally superior alternatives were screened from the studies for spurious institutional reasons supplied by Denver officials. For example, if a small percent of the Gunnison's high quality surplus water were pumped into high altitude storage in wet years to augment Colorado's river environments on both slopes during droughts, the state's overall water quality would be substantially enhanced, while economically meeting Denver's needs. Good luck with your extremely critical deliberations. Sincerely. . . /~, Allen D. (Dave) Mi ler, President ADM/bm Cc: LPA, Administrators Reilly and Scherer; Secretaries Lujan, Yeutter, and Marsh; Governor Romer; Colorado Legislators; COL. Rf C'0 MAR 2 01989 March 14, 1989 T6d0 FORKS DAM HAS COLORADO IIV IiOT 6dATER Colorado's controversial Two lorks Dam is finally approaching the critical boiling point. Tf LPA correctly does its homework, the nationally labeled "nation°s most environmentally damaging project" will soon become a historic aberration. If I?PA grants a Two Forks construction permit, Colorado will be immersed in hot water, both locally and nationally, with all who believe in a reasonable balance between economic progress and environmental protection. Two Forks is alive today, only because of the all too frequent phenomena of institutional momentum, coupled with governmental oversight. It was an outmoded concept 50 years ago, and it makes even less sense in this age of enlightened environmental concern. 6dhy unnecessarily degrade Colorado's water, while destroying a nationally treasured canyon, fishery, and ~ migratory bird habitat? 6dhy waste much of Colorado's entitled water via the untapped Gunnison River, while further depleting the same 6dest Slope headwaters that have already been severely dewatered by Metro Denver? 6dhy did the Corps of I?ngineers only seriously study the South Platte dam alternatives that fit Denver's misguided 50 year accumulation of water rights? 6dhy is Colorado the only western state without some sort of statewide planning guide to help assure balanced use of its water? Tf Colorado had some modest statewide water planning, Governor Romer's reluctant yes/but endorsement of Two Forks would surely have been a confident rejections Even a cursory analysis of .Colorado's overall water resources, future needs, and environmental concerns would quickly show there are several overlooked, major water projects for Metro Denver that are far less damaging and costly than Two Forks. EPA will hopefully save Colorado from a scalding Two Forks bath by forthrightly rejecting the federal permit. Allen D. (Dave) Miller, President Natural I?nergy Resources Company P.O.B. 567, Palmer Lake, CO. 80133 (719)481-2003, FAX (719)481-4013 (A private water development firm founded by retired Bureau of Reclamation executives dedicated to balanced, economical use of water resources)