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
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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.
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~.
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
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9
12
15
16
19
22
23
24
24
25
25
2'J
29
29
30
30
30
31
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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.
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- 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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;
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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_
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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
... _- -
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TIiL~~E1VVI:R I'C~T
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;:,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°_~~~ ~
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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
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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.
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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
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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
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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
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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.
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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
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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,
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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_
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~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)