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Home My WebLink About1989-04-04 Support Documentation Town Council Work Session.~~~ VAIL TOWN COUNCIL WORK SESSION TUESDAY, APRIL 4, 1989 12:30 p.m. AGENDA 1. Joint Meeting with Avon Town Council regarding Television Translator Issue 2. Discussion of Public Access Television by the Vail Community Television Board 3. Discussion of Ski Museum request to alter Town of Vail Property 4. Discussion of Police Car Lease Agreement with Saab-Scania 5. Other 6. Executive Session - Legal Matters VAIL TOWN COUNCIL WORK SESSION TUESDAY, APRIL 4, 1989 12:30 p.m. EXPANDED AGENDA 12:30 1. Joint Meeting with Avon Town Council regarding Television Translator Issue Background Rationale: The Avon Town Council and Stan Bernstein asked to meet with the Vail Council to discuss the TV translator system issue. 2:00 2. Discussion of Public Access Television by the Vail Jerry Davis Community Television Board 2:30 3. Discussion of Ski Museum request to alter Town of Vail Rick Pylman Property Action Requested of Council: Approve/deny request to proceed to DRB with proposed amendments. Background Rationale: The Ski Museum relocation plans entail making facade changes to the lease space as well as a new stairway in the Meadow Drive right-of-way. Staff Recommendation: Staff's recommendation for the request for right-of-way encroachment in order to construct a new stair from Meadow Drive to the building is for denial. The Community Development Department is concerned with the loss of landscaping; the Public Works Department is concerned with pedestrian/bus conflicts that may be created with the proposed stair. The staff will defer to the Design Review Board regarding the proposed facade changes. The DRB review is scheduled for 4/5/89. 2:55 4. Discussion of Police Car Lease Agreement with Saab-Scania Steve Barwick Ken Hughey Action Requested of Council: Review presentation by staff Stan Berryman and ask questions as necessary. Background Rationale: Saab-Scania has proposed a three year extension of the contract for lease of vehicles to the Town. Saab has requested a price increase of $5/month per vehicle (now $255/month), but is willing to provide any Saab model requested by the Town. Staff Recommendation: Approve continuation of Saab-Scania contract. 3:10 5. Other 3:20 6. Executive Session - Legal Matters EE";~_iLi_ C: ±~~i~'s;-}' ~-`,.E=?C'a;;;%._r'Rsi4. ~:j_!I'`':i'Il+ I!-~. :i - . {r~~,=~.cd i . ,_ :i{~ . __ i C<ls ;~ tLt=: i-sE~'~ ? %3f-r T'vi- t~'7!-_' Ci=•f'i5 tY'tii='f;.: s=+E t . C+i3 E' c',f C i=U~~` f'"+:_~`_L•~ 'I't_'f':C:r3 E'Si; C++?' s. ~- S.'r ti {.`.i f _1!c!i tf e=`i _~..r.~ Y',/i ~,3 ~?i i _ C" _ ! f._.C{"i ~=, .~ ~~"~.: tom: - ?: +: c'if! i. E ~=E'i'"`.''c' Ei? ?+=+f'"'s. 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'~~ y 1~~':_~`-Ji n ~ _ i- _ - ~_ _ ~i. t-- -a is r~ ~. n i- 3 <__ ._t ~= 1 r ~ r[ t s== C~ t- r-+r? F, t- t'~ r"~ ra is ~ ; ` r :~? F 2. s ~ _ E': T; , C<< :+ i_+ E = is ;_1-~tt <<_'_ i1t_.i~:f~r"~C=•~- s.t•~ar~r_~; ~~-+.; 1';~'`~; •- -- r ~~; fir:. r.".t':'_i!~ Lf E'T ~t E iE+i :rf `tf C_C+('t ~~i ._'=•1 _~r c~~-c t'yi +E'- ~ .L1 j`~C^]'~) " - g . r..~ •=,. !-<_{_1~=?-=~n ui ~~tr~2.i'ta.=c`ttiE,r-j i•? „c~{j p•3~'f~~ ~=3'.{'"3Lt t=i!t<Y'.~ rii3E_, `_~ICti'ic~=ltt ~E sti'~!i~:lil;~;,i {~i~it'?.', ice. :?`-~'~} v ~ _ i . {J,_+~ tf..t ~i~_ctr I fits. C1~t;= t it=:•;~ .; y a ;ate t ~. i75tC LCt Ttlrrfiation end bc~r~~ or dir-ectc+rs electicri {,7t_ti-;s 5, 1985'} 9. 8vard c+T dir~ctor-s organi rational rfieetir{~=t and rsotice of intention tc 1 r=vy t ~;; del i veered to ~ssESSOr and count'y~ corftr{;issioners {L7t~tly 11 s 1989} 1~1. Systecfs Con=_~tr~?ctirn a. eye{~~{fftent o~eci-Fications ~ bid ~oc~t:~{r=nts {~ttaztst fcs 190^'~} - L-r. ~jwa{'-u constr-±tcti on { i {-{=.tei l ati on? c-+ntract {Se~terfsbet i~t 19r~9} - C. ~:CrnS'~P-t_ts=t3C7rt t..usT:plc'te arsd ~:V+/tt''STE u~+~t ~t2E;n~?~ {r,~cerf:F~c= 1~, 1989? 9 t SFEC I AL D I STR I Cl' FORi`1AT I i~t~t TItiE SCHEDU~c Re~ri sect ' Marcl-t i4, 1929 t~i=F{ ~? I CE t='t_tirJ - Cc~trip I ei= e Filed witt-t Ea[iie ;~'cjztrtty htar-ct-e i, i989 D I STF I C:T Clr~CiArd I SAT I OIV A. Third Fublicaticrn of Notice of Hearing March •T~~, 1989 H. Presentation of Service Flan tG Eagle County F'iartning COmffli ssl On April J, 1787 - L~.15 F.M. C. Public Hearing Hefctre Heard of CGUrtty Commissioners Apr i l irk, i9ci7 - ~: i ~ F.M. D. fioard cif County Comtrtissiorrers Adcfpt Fesoluticn Approving Sar~~.• ce FI a-; ApC' # ~., i909 E. P=etition for Cr q~;:i~at3ort Fil,=d l~}ith District Court {petitiort signed b;: nc~t 1E55 tha~i ?ij~~ to?;paying electors} April ~5.~ 1909 F. Fir=.t rJe.•ispaper F'ublicatiort Gf t:lotice of Hearing May ~, 1929 C. ^ecortd r•~ewspaper Publication of Notice of Hear i rsQ May 11, 1997 - H. t_ast Day for Filing of E.;cl.usion Petition May 1~, 1989 I. Third Newspaper Publication of rdotice of Hearing May 18, 1789 J. District Court Hearing (election date set} May ~4, 1989 t~:. First rdewspaper Pub 1 i cat i an of rant i ce of E1 ect i on - Jane 1, 1989 L. h~lftrfTtlric?tiGTi F'ztitiGns fGr District Directors Filed >~ith District Count - June ~, 1989 1`1. SecGnd f~e~ispaFer F't~bi .-~ cati on Gf 1'doti ce Gf EI ecti cars J~srse 8, 19E+9 1?l. T#iir d h~lewspailer F'?:t~Iication of i`dGtice Gf Election June 15, 1989 O. Last Day to Fiegi~ter fGr Election Jute '?.'~, i98~r P. r~oti ce of EI ecti on Posted at F'ol 1 i ng F'1 ace July f, 1989 G?. Last Day to Apply for Absentee E~aI i of July i4, 1989 R. E1 ect i on Day July 18, 1989 ' 5. Cert3 f 1 cafe of E1 ect i on Returns Fi 1 ed 4di th CGUrt July 19, 1989 T. F'ost C~otice of Clrctani~ational Meeting of Board of Directors July ~{~, 1989 !!. i1>rq.crti~atiGnal fi1:=eti.n~ of Board of Di: cctors Ju1~,° ~~~, 1989 t O TV TRA~~SLATOR COMP1ITTEE P~IEMBERS (REVISED) Town of Eagle: Eagle Valley Television Corp.: Town of Vail: *** Town of Minturn: Town of Redcliff: Edwards/Arrowhead: Glen Ewing P. 0. Eox 665 Eagle, CO 81631 328-5400 4lillie Powell/Alternate P. 0. Box 609 Eagle, CO 81631 328-6354 Mike Metcalf - Vice Chairman P. 0. Box 399 Eagle, CO 81631 328-6244/Office 328-6989/Home Michael Cacioppo 75 S. Frontage Road Vail, CO 81657 479-2100/Office 476-7368/Home Merv Lapin or Eric Afeldt/Alternates 75 S. Frontage Road Vail, CO 81657 479-2100 3i11 Sweeney P. 0. Box 309 P1inturn, CO 81645 827-5645/Town Darrell 6~eigert/Alternate P. 0. Box 309 P9inturn, CO 81645 827-5645/Town John Martinez Box 3 Redcliff, CO 81649 327-5847 Jeff Heermans/Alternate Box 122 Redcliff, CO 81649 827-4109 Kevin 6Jhelan P. 0. Box 111 Edwards, CO 81632 479-2250 or 2257 926-3596/Home *** Also Send Copies of Minutes/Agendas To Ron Phillips, Town Manager, Town of Vail d TU TRANSLATOR COMP1ITTEE P~IEMBERS (REVISED) (CONTIPJUED): The Marriot Mark Resort: Mike Robinson 715 Lionshead Circle Vail, CO 81657 476-4444 Christie Lodge: Lynn 4Jeas . P. 0. Box 1196 Avon, CO 81620 949-7700 Town of Avon: Jerry Davis - Chairr~an P. 0. Box 5559 Avon, CO 81620 949-0103/Office Norm 6Jood - Secretary/Treasurer P. 0. Box 975 Avon, CO 81620 949-4280 Bi11.James/Alternate P. 0. Box 975 Avon, CO 81620 949-4280 _- ... xialI?istricts 12 13 . Special District Provisions 32-1-203 such meeting for a public hearing oa the - ciai district. The board of county commis- (4) ~ the use of a proposed hospital district, submission to the liaard ice of the date,~time, and location of such of county commissioners by the petitioners of a certified copy of an approved ~erament. certificate of public necessity issued by the health facilities review council sin the following: of the department of health shall constitute compliance with subsection (2) oed services; of this section. _ ~' how the proposed services are to be ~®rce: It do ItE L. 81 operating revenue derived from property amended, (2) R & ~ andp2.15 and ~' addemeLa 5' L ~2, p. 491, § 1; (1) the district, which shall not be materiall ( ) () ~ , PP• 1098, 1099, 11 Q4, ursuant to section 32-1-207 or 29-1-302, § § I, 2, 1, 3; (2~b) amended, L. 86, p. 1030, § 13: - or architectural survey showing how the ~~~°~3• ,~ ~ ~' missioaers of each county which has territory liacludedb~ar~d~o ~eua o com- aecial district boundaries and an estimate special district, other than• a ro p p°~ ~r assessment of the proposed special dis- 'entirely within the boundaries of a munici ~~ district which is contained ing authority under this part 2 and shallr eviewhany ~nM~tplane films by facilities to be constructed and the stan- the petitioners of any proposed s ding a statement of how the facility_ and of any service plan, the board o ~~~ ~~ssioners has thefollo~ew special district are compatible with facility _ authority. wing . 't3'. ~thia evhich atl or any • portion of the - (a) ~ ; ~'~i approve without condition or mod~icatioa the service plan sub- ocated, and of ffiuaicipalities and special mitt~d; s pursuant to section 32-1-204 (1); - -(b) 'H'o disapprove the service plan submitted; estiiriated cost of acquiring land, engineer- trative services, initial proposed indebted- (c) 'g'o condrhonaily approve the sel•vice plan subject to the submission ;imum interest rates and discounts, and °f additi°nal inf°rmatioa relating to or the modification of the propased organization and initial operation of the service plan' _ (2) The board of county commissioners shall disapprove the service plan ;emeat or prop~d unless endence satisfactory to the board of each of the following is presented: agreement with any (a) '1'h~ ~ ~icaent exi 'IIlance of any services between the pro- ~8 and Pa~ojceEed~ seed for orga~ed g~ice per political subdivision and, if the form is the area to be serviced by the proposed special district; all be attached to the service plan; (b) The existing service in the area to be served by the proposed special ~r evidence presented at the hearing, sans- distnct is inadequate for present and projected needs; ie criteria set forth in section 32-1-203 (c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries; as the board of county commissioners (d) The area to be included in the proposed special district has, or will ~ to base its findin have, the financial ability to discharge the proposed indebtedness on a gs Pursuant to section reasonable basis. proved if a petition objecting to the ser- (2.5) The board of county commissioners may disapprove the service s of taxable real sad personal ro Plan if evidence satisfactory to the board of any of the following, at the ~Y percent of the total valuation or discretion of the (a) ~ board, is not presented: ersonal property to be included in such dequate service is aot, or will not be, available to the area through ~ounty commissioners no later than te>i - d1e county, other existing municipal or quasi-municipal corporations, includ- tion 32-1-204, unless such property has ~ ~~ ~ ~~~, within a Teasoaable time and on a com Y commissioners under section 32-i-203 ~~' parable (b} The facility and service standards of the- ro sed s be aocom compatible, evith the facility and service standaprds of each unty within. parried by a processing fee set which the -proposed special district is to be located and .each munici Hers not to exceed two hundred dollars aunty general fund, Such which is an interested party under section 32-1-204 1 pality s related to the hearing prescribed b (c) The Proposal is in substantial compliance th'a master plan adopted s of notice, publication, and recording - Pursuant to section 30-28-106, C.ILS.; i -{d) The proposal is in compliance with any duly adopted county, regional, or state long-range water quality maua>~ement plan for the area; 32-1-204 ' Special Districts 14 (e) The creation of the proposed special district will be in the best inter- ests of the area proposed to be served. (3) The board of county commissioners may conditionally approve the service plan of a proposed special district upon satisfactory evidence that it does not comply with one or more of the criteria enumerated in subsection (2) of this section. Final approval shall be contingent upon modification of the service plan to include such changes or additional information as shall be specifically stated in the findings of the board of county commissioners. (3.5) The board of county commissioners may exclude territory from a proposed special district prior to approval of the service plan submitted by the petitioners of a proposed special district. The petitioners shall have the burden of proving Ebel the exclusion of such property is not in the best inter- est of the proposed special district. Any person owning property in the pro- posed special district who requests that his property be excluded from the special district prior to approval of the service plan shall submit such request to the board of county commissioners no later than ten days prior to the hearing held under section 32-1-204, but the board of county commissioners shall not be limited in its action with respect to exclusion of territory based upon such request. Any request for exclusion shall be acted upon before final action of the county commissioners under section 32-1-205. (4) The findings of the board of county commissioners shall be based solely upon the service plan and evidence presented at the hearing by the petitioners, planning commission, and any interested party. - (S) Irt the case of a proposed hospital district, submission to the boazd of Bounty commissioners by the petitioners of a certified copy of an approved certifir~te of public necessity issued by the health facilities review council of the department of health shall constitute compliance, with subsections (2) and (2.5) of this section. - ~~: R ~i RE, L. >31, p. 1548, § 1; (1) amended, {2) R dt RE, and (2.5), (3.5), and (S) added, L, 1i5, pp. 1049, 11~, i 104, § § 4, 5, 2. Lea rrevieas. For article, "1974 Land Use Commis, 626 P.2d 652 (Colo. 1981) (decided L.eBislation in Colorado", see 51 Den. L.J. 467 under former § 32-1-205 as it existed prior to (1974)• the 1981 repeal and reenactment of this arti- 1<Disflrirt ~4 ttt~ ~ s~n't~ee its iant cle). fay that mf tll~ lamed. Ah[illis v. Board of County 32-Il-2~. l~abinc hearing on serr~ice plan - pmures -decision. (1) The board of county commissioners shall provide written notice of the date, time, and location of the hearing to the petitioners and the governing body of any existing municipality or special district which has levied an ad valorem tax within the next preceding tax year and which _ has boundaries within a radius of three miles of the proposed special district boundaries, which gov- ernmental units shall be interested parties for the purposes of this part 2. The board of county commissioners shall make publication of the date, time, location, and purpose of such hearing, the first of which shall be at least twenty days prior to the hearing date. The board of county commissioners shall include in such notice a general description of the land contained within the boundaries of the proposed special district and information outlining methods and procedures pursuant to section 32-1-305 (3) concerning the 1 S Special District P filing of a petition for exclusion of territo lute constructive' notice to the residents an used special district who shall also be tale. (1.5) .Alot more than thirty days nor 1 hearing held pursuant to Phis section, th of the special district shall sand postcard . Property owners within the proposed spec of the county assessor on the date request one hundred percent of the property owns indicate on the front that it is a notice of a special district and on the back shall and purpose of such hearing, a reference the maximum mill levy, if any, or stating may be imposed by the proposed special is required, the mailing of the postcard n post-office box addresses, within the props a good-faith effort to comply with this sut all electors thereby shall not provide grow being held (2) If there is a county planning om~ mission in lieu thereof, the service plan st organization of the proposed special distri clerk and recorder to such planning comn mission or regional planning commission present its recommendations consistent County COn'trrltcctoners. (3) 't'he hearing held by the board of a to the public and a record of th¢ prate parties as defined in this section shall be a under such Hales of procedure as ~y be ~ commissioners. Any testimony or eviden board of county commissioners is releva~ posed Special district Shall ~ Considered. (4) ~/ithin twenty days aflter the Cowl of county commissioners shall advise th~ of the proposed special district i>a eyritin~ If the service plan is approved as submit be issued to the petitioners. If the service detailed reasons for such disapproval steal vice plan is conditionally approved, the ch ice, or additional information relating to, reasons for such changes, ffiodifications, o. be~ set forth in writing, and the proceed changes, modifications, or additional info vice plan. Upon the incorporation of sus tional information in the service plan of board of county commissioners shall test petitioners. Sotarce: R & RE, L. >31, p. 1549, § 1; (1.5) Vlill~li RLi1~171L !f~ lY ~:l® IN 80L7IRH.L9T DHNVHR . uw .~m.rnan n.ctanrNO veo.uuwu wa.o..no~n a v__~ SIIITE 700, BTANP'ORD PLACH 3 4682 80DTH IIL4T88 4C888T PABHWAY DBNVHR. COIAHADO 80237 3000 FIRST INTERSTATE TOWER NORTH THLHPaoxH 303 n9-ease 633 SEVENTEENTH STREET THLSCOPffiR 303 778-848p DENVER, COLORADO 80202 IN COLORADO 9PRD708 She[IDaII 6[ Howued BIIITE 300. ALAMO CORPORATB C8NT8R TELEPHONE: 303 2972900 102 90IITH rarox CALDRADD 9PRINOB, COLORwDO 8090.'3 THLECOPIHR: 303 298-0940 TELEX: 434368 THLSPRONB 719 476.2440 1'SLHCOPIHB 719 6334678 IN 8SN0, NHVADA Hill Gasses deLipl4su sad Fawin. P.G Posy oPncH Rox 27eo Rmvo. NHVwDw eesos DEE P. WISOR THLEPRONB 702 323.1601 7HLECOPffiH 702 348-7230 December 7, 1988 Mr. Norman Wood Town of Avon P.O. Box 975 Avon, Colorado 81620 Formation of a S ecial District Dear Norm: Thank you for asking Sherman & Howard to submit a proposal to the Eagle County Television Translator Facility for the formation of a special district to provide television relay and translator facilities for Eagle County. This proposal will outline estimated fees as well as the procedures for organization, the potential sources of revenue and certain related matters. Fee Estimate Assuming that we would prepare all of the documentation which would be necessary to form the district and .make the appearances before the board of county commissioners and the district court which are outlined in this letter, you could expect our fee to be in the range of $5,000 - $10,000 depending upon whether the formation of the district is actively opposed by citizens or other local governments. If you retain a law firm in Eagle County to handle the appearances before the commissioners and the courts, our fees would be less. This fee estimate assumes that there would not be any unusual circumstances such as an elector challenging the formation of the districts if the formation of the district were complicated by some unforeseen occurrence, our fee would, of course, be higher to compensate us for additional time costs. Mr. Norman Wood December 7, 1988 Page 2 Organization The district will be formed pursuant to Title 32, Article 1, Colorado Revised Statutes (the 'Special District Act"). Pursuant to the Special District Act, either a metropolitan district or a park and recreation district may provide television relay and translator facilities. See 32-1- 1004(2)(8) and 32-1-1005(1)(a), C.R.S. A metropolitan district must be formed to provide two or more of certain statutory services. Thus, if a metropolitan district is to be formed rather than a park and recreation district, another service must be identified by the proponents. Pursuant to Part 2 of the Special District Act, the board of county commissioners (the ~Board'~) of the county in which the district is located must review and approve a service plan unless the property within the district is exclusively within the boundaries of a municipality. As I understand it the land which is proposed to be in the district is partly within municipalities and partly withig3n an unincorporated portion of the county. If retained, our first task will be to determine whether any overlapping governmental entities are capable of providing the desired services. Both Colorado case law and provisions of the Special District Act adopt the general policy that there cannot be at the same time, within the same territory, two distinct municipal corporations exercising the same powers jurisdictions anti privileges. See Aurora v. Aurora Sanitation Distric 112 Colo. 406, 149 P.2d 662 (1944) and Section 32-1- 107(2). Section 32-1-107(2) provides: No special district may be organized wholly or partly within an existing special district providing the same service. Nothing in this subsection (2) shall prevent a special district providing different services from organizing wholly or partly within an existing special ----------district. A metropolitan district may be organized All citations are to Colorado Revised Statutes unless otherwise indicated. Mr. Norman Wood December 7, 1988 Page 3 wholly or partly within an existing special district, but a metropolitan district shall not provide the same service as the existing special district. We know that there are several metropolitan districts and park and recreation districts existing in Eagle County. It will be necessary to review the service plans and court orders for each such district to determine whether the creation of a new overlapping district is prohibited by the Special District Act. Service Plan Since the district's proposed boundaries do not encompass property wholly within a municipality or municipalities, Part 2 of the Special District Act requires that a service plan be filed with and reviewed by the Board. The service plan acts as the district's charter, since it limits the district's powers. Section 32-1-207 requires any material modification of the service plan, as originally approved, to be petitioned to and approved by the Board. Any material departure from the service plan can be enjoined by the court approving the organization of the district upon its own motion, or upon the motion of the Board or other interested parties. Section 32-1- 204(1) defines interested parties to include the petitioners and the governing body of any existing municipality or special district which has levied an ad valorem tax within the next preceding tax year and which has boundaries within a radius of three miles of the proposed special district boundaries. Consequently, it is important that the service plan be carefully prepared to avoid the necessity of repeated submissions to the Board. The service plan must conform to Section 32-1-202(2), which requires the service plan to contain the following: (a) A description of the proposed services; (b) A financial plan showing how the proposed services are to be financed, including the proposed operating revenue derived from property taxes for the first budget year of the district, which shall not be ~fl~~~~~~a ~ I~~~~d Mr. Norman,Wood December 7, 1988 Page 4 materially exceeded except as authorized pursuant to section 32-1-207 or 29-1-302; (c) A preliminary engineering or architectural survey showing how the proposed services are to be provided; (d) A map of the proposed special district boundaries and an estimate of the population and valuation for assessment of the proposed special district; (e) A general description of the facilities to be constructed and the standards of such construction, including a statement of how the facility and service standards of the proposed special district are compatible with facility and service standards of any county within which all or any portion of the proposed special district is to be located, and og municipalities and special districts which are interested parties pursuant to section 32-1-204(1); (f) A general description of the estimated cost of acquiring land, engineering services, legal services, administrative services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the district; (g) A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the proposed special district and such other political subdivision and, if the form contract to be used is available, it shall be attached to the service plan; (h) Information, along with other evidence presented at the hearing, satisfactory to establish that each of the criteria set forth in section 32-1-203, if applicable, is met; (i) Such additional information as the board of county commissioners may require by resolution on which to base its findings pursuant to section 32-1-203. The Service plan shall not be approved by the Board if a petition objecting to the plan, signed by owners of taxable real and personal property which equals more than fifty percent of the total assessed valuation of all taxable real and personal property within the proposed district, is filed with the Board no ~~e~~~~ ~ ~o~~ Mr. Norman.Wood December 7, 1988 Page 5 later than ten days prior to the hearing on the service plan, unless the property is excluded from the district pursuant to Section 32-1-203(3.5) (Section 32-1-202(2.1). Section 32-1-203(2) provides that the Board shall disapprove the service plan unless evidence satisfactory to the Board of each of the following criteria is presenteda (a) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed special district; (b) The existing service in the area to be served by the proposed special district is inadequate for present and projected needs; (c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries; and (d) The area to be included in the proposed special district has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. The Board may conditionally approve the service plan if it does not comply with one or more of the criteria. Final approval is contingent upon modification of the service plan to include those changes or additional information as required by the Board. Section 32-1-203(2.5) further provides that the Board may disapprove the service plan if evidence satisfactory to the Board of any of the following criteria is not presenteda (a) Adequate service is not, or will not be, available to the area through the county, other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; (b) The facility and service standards of the proposed special district are compatible with the facility and service standards of each county within which the proposed special district is to be located and each Mr. Norman 6dood December 7, 1988 Page 6 municipality which is an interested party under section 32-1-204(1)J (c) The proposal is in substantial compliance with a master plan adopted pursuant to section 30-28-106, C.R.S.; (d) The proposal is in compliance with any duly adopted county, regional, or state long-range water quality management plan for the area; or (e) The creation of the proposed special district will be in the best interests of the area proposed to be served. These items should be addressed in the service plan and at the hearing on the service plan, in order to provide the Board with evidence upon which to base its determinations. Timetable of Events Once the service plan is in final form, the process of organization of the district can commence. The following is an estimated timetable of events for the formation of a district. District Organization D-X Action Day 1 File service plan with county clerk at least ten days prior to regular meeting of .the Board. Filing must be accompanied by processing fee (not to exceed $200) (Section 32-1-202). The service plan must contain all of the elements outlined in ~Ih~~~m~ ~ ~®~ Mr. Norman,Wood December 7, 1988 Page 7 Section 32-1°202(2) and should have been thoroughly reviewed prior to filing. Day 6 Last day for county clerk to report the filing of the servic® plan to the Division of Local Government (Section 32-1°202). Day 11 Next regular meeting of Board at which the Board adopts a resolution setting a public hearing date on the service plan, which date must be within 30 days of this meeting. The service plan should be referred to the county or regional planning commission for review and comment. Board gives written notice of date, time, and location of hearing to Division of Local Government (Sections 32°1°202, 32°1-204(2). Day 21 First publication of notice of hearing in newspaper of general circulation in proposed district, at least 20 days prior to the hearing date. Board must give written notice of hearing to petitioners, and the governing body of each municipality or special district which has levied an ad valorem tax within the next preceding tax year and which has boundaries within 3 miles of the proposed district boundaries (Section 32-1-204). Day 21 Last day for Petitioners to send postcard notification of hearing to property owners within the ~~e~°m~~ ~ ~~ Mr. Norman,Wood December 7, 1988 Page 8 proposed special district as listed on the records of the county assessor (at least 20 but not more than 30 days prior to hearing). Postcard notification is required unless the petitioners represent one hundred percent of the property owners. The postcard notification shall indicate on the front that it is a notice of a hearing for the organization of a special district and on the back shall indicate the date, time, location, and purpose of such hearing, a reference to the type of special district, and the maximum mill levy, if any, or stating that there is no maximum which may be imposed by the proposed district (Section 32-1- 204 (1.5)) . Day 28 Second publication of notice of hearing. Day 35 Third publication of notice of hearing, Day 41 Hearing before the Board. The planning commission should present its recommendations at or prior to the hearing. Within 20 days after hearing, Board adopts resolution approving the service plan and so advises the petitioners. If the service plan is conditionally approved, the required changes must be incorporated therein before the Board may issue a resolution of approval (Section 32-1-204(4)). ~fl~~~°m~~ ~ ~®~ Mr. Norman,Wood December 7, 1988 Page 9 Day 42 Petition for organization filed with District Court (this assumes the Board adopts the unconditional resolution of approval on Day 41). The petition must be signed by not less than 20~ or 200 of the taxpaying electors, whichever number is smaller. ~, taxpaying elector is an elector {as defined by Section 32-1-103) of the district who, or whose spouse, owns taxable real or personal property in the proposed district. The petition must be accompanied by the Board's resolution approving the service plan and a bond or cash deposit sufficient to pay all expenses. This date presumes that the petition has been circulated prior to approval of the service plan by the Board. District Court sets a hearing date not less than twenty days nor more than forty days after the petition is filed (Sections 32-1°103(5), 32-1-103(23), 32-1-301, ~32-1-302, 32-1-304). Day 46 First publication of. notice of hearing in a newspaper of general circulation in the proposed district. The Clerk of the Court mails notice (by registered mail) to the Board and other interested parties if such interested parties appeared and presented their objections before the Board (Sections 32-1-304, 32-1-206(2), 32-1-204(1)). ~~~~~a~ ~ ~g°d Mr. Norman.Wood December 7, 1988 Page 10 Day 52 Last day for property owner to file exclusion petition (no later than ten days before the date fixed for the hearing). (Section 32-1-305(3). Day 53 Second publication of notice of petition hearing. Day 60 Third publication of notice of petition hearing. Day 62 Hearing date. The court determines sufficiency of petition and rules on exclusion requests. Court sets date for organizational election. order dill designate three electors as judges and one elector to disburse and collect absent voters' ballots (Sections 32-1-305, 32-1°802(1)). Day 63 First publication of notice of election in newspaper of general circulation in the proposed district. Election may not be held less than eighteen days after the first publication of notice (Section 32-1-802(1)). Nomination petitions for 5 directors signed by not less than 5 electors must be filed with District Court not less than forty-five days prior to election.l Each director must be an elector, An '°elector'~ is a person who, at the designated time or event, is registered to vote in -------------------- 1 Note that election date has been set for Day 117, This allows electors approximately a week to file nomination petitions for directors. ~~e~a~ ~ H~~~ Mr. Norman Wood December 7, 1988 Page 11 general elections in Colorado and: (I) has been a resident of the special district or the area to be included in the special district for not less than 32 days; or (II) who, or whose spouse, owns taxable real or personal property situated within the boundaries of the area to be included in the district, whether said person resides within the special district or not. A person who is obligated to pay taxes under a contract to purchase taxable property situated within the boundaries of the district is considered an owner (Sections 32- 1-802(4), 32-1-103(5)), Day 70 Second publication of notice of election. Day 77 Third publication of notice of election. Day 92 Last day to register for election. Registration permitted up to twenty five days prior to election (Section 1-1-113). Day 107 Notice of election posted at polling place, and county assessor and county clerk and recorder certify and furnish a property owners' list and registration list respectively (at least ten days prior to the election date) (Sections 32-1-809(2) and 32-1- 804(3)). ~~er~~~ ~ ~®wa~ Mr. Norman_Wood December 7, 1988 Page 12 Day 113 Last day to apply for absent voter's ballot. An elector may apply for an absent voter's ballot not earlier than forty-five days before the election nor later than 4 p.m. on the Friday immediately preceding the election (Section 32-1-821(3)). Day 117 Election date; polls open 7:00 a.m. to 7:00 p.m. Electors vote for or against organization and for first board of directors. Election Judges complete certifi- cate of returns (Section 32-1- 802). Day 118 Certificate of returns filed with Court. Court enters order orga- nizing district to which is appended the approved service plan and the resolution of approval therefor (32-1-205(2)), After expiration of 30 days, organization of district may not be challenged. Within' 30 days, copies of the findings and order of the court and approved service plan must be filed with the county clerk and recorder and with the Division of Local Government, and a map of the district must be filed with the County Assessor (Sections 32-1-802(5), 32-1-305, 32-1-306). Day 119 Post notice of organizational meeting of board of directors in at least three places in the district and at the county clerk and recorder's office (must be ~1~~~~~~ ~ ~®~ Mr. Norman.Wood December 7, 1988 Page 13 posted at least three days prior to the meeting). Directors file oaths (within 30 days after being elected) and surety bonds with Clerk of the Court and Division of Local Government (Sections 32-1- 901, 32-1-903). Day 122 Organizational meeting. Board of directors elects officers, adopts seal and undertakes other organizational matters (Section 32-1-902). Board of directors directs that notice of intention to levy a tax be delivered to assessor and Board. This notice must be delivered by i~ay 1 i f the district intends to levy a tax for the calendar year during which it has been organized (Section 39-1- 110). This is a general timetable of events that can vary depending on meeting schedules, publication dates, court dockets and any election contest. Financing A special district may issue general obligation bonds due and payable serially commencing not later than three years and extending not more than twenty years from the date of issuance (Section 32-1-1101(1)(c)). In addition, a special district may issue revenue bonds without voter approval, in accordance with Section 31-35-401 et seq. (Section 32-1- 1101(1)(d). Bonds may be issued for any public purpose, provided the improvement falls within the purpose for which the district was fonaed. Refunding bonds may be issued to (1) avoid or terminate a payment default on outstanding bonds; (2) reduce interest costs ~lh~~a~~n ~ 1~®w~~ Mr. Norman,Wood December 7, 1988 Page 14 or effect other economies; (3) modify or eliminate certain contractual restrictions; or (4) any combination of those purposes. Refunding bonds must mature within thirty yeas years the date of issuance of the refunding bonds. A special district's legal sources of revenues consist of ad valorem taxes and its fees, rates, tolls, penalties and charges. Ad valorem taxes are levied on all taxable real and personal property in the district, other than certain property which is exempt from taxation under the Colorado Constitution and statutes. If the district decides to issue general obligation bonds, the district will covenant to levy sufficient ad valorem taxes to pay debt service on the bonds, without limitation as to rate or amount. As was mentioned earlier, in order to levy a tax for the calendar year during which it is organized, Section 39-1-110 requires that a special district, prior to May 1, notify the Board and the county assessor of its organization and that it intends to levy a tax in such year. Given the timetable outlined above for the formation of the district under discussion, this statutory provision presents a problem. Even if the timetable is followed exactly, it is not likely the district will be able to notify the Board of its organization until after the statutory deadline for notification of intent to levy taxes. Taxes levied in one year are not paid until the following year; thus, if the district cannot levy taxes until 1990, it will have no revenue until 1991. While the statute does not expressly so state, it may be argued that the May 1 deadline for notification of intent to levy taxes is intended merely for the administrative convenience of the county assessor. If this is in fact the case, you may be able to discuss the problems which will arise if the district can not raise any money until 1991 with the Eagle County assessor and the assessor may be willing to waive the May 1 deadline. You should be aware, however, that there is a certain risk involved in pursuing this strategy: a taxpayer may file suit claiming that Section 39-1-110 is really intended to protect taxpayers from being taxed immediately by a new district. ~~e~m~~ ~ ~®~ Mr. Norman Wood December 7, 1988 Page 15 Working with the assessor to try to get the deadline waived may be a worthwhile business risk, however, as it is not readily apparent why the statute would be intended to protect taxpayers in the district. Clearly a majority of the district's taxpaying electors will have only recently voted to allow the district to be formed; it-should be apparent that expenses of the district will need to be funded by taxes raised as soon as possible. If you have any further questions concerning anything discussed in this letter, please feel free to call me or Amy Kennedy of our office. Sincerely, Dee P. Wisor DPWeje CCo Amy Kennedy, Esq. L~~~I~~ ~~9~~~~ U ~~~~~~~~~6~~ ~8~~~~~ t 7 SERVICE PLAN FOR THE PROPOSED EAGLE VALLEY TV METROPOLITAN DISTRICT PREPARED FOR: :EAGLE COUNTY COR9MISSIONERS PREPARED BY: EAGLE COUNTY T.V. TRANSLATOR COMMITTEE MARCH 1,1989 3 EAGLE VALLEY TV METROPOLITAN DISTRICT TABLE OF CONTENTS Page INTRODUCTION AND BACKGROUND 1 PURPOSE 3 NEED FOR SERVICES . . 4 DESCRIPTION OF PROPOSED SERVICES 5 DISTRICT BOUNDARIES/MAP 6 ASSESSED VALUATION AND POPULATION ~IITHIN THE DISTRICT 6 STANDARDS OF CONSTRUCTION/PRELIMINARY ENGINEERING SURVEY/ DESCRIPTION OF FACILITIES AND ESTIMATED COSTS 8 ESTIMATED OPERATION AND MAINTENANCE COSTS 14 FINANCIAL PLAN AS PREPARED BY STAN BERNSTEIN AND ASSOCIATES INC.. 17 CONCLUSION 20 EXHIBIT A District Boundary Map 21 EXHIBIT B District T.V. Relay and Translator Facility System Map 22 EXHIBIT C Legal Description - District Boundary 23 EXHIBIT D Letter from Eagle Valley T.V. Corp. re: Transfer of T.V. Translator Facilities and License 24 EXHIBIT E Eagle County Television Translator Study, Volume 1, November 1988, as prepared by Hartech, Inc. 25 EXHIBIT F Letters from Neil Van Gaalen Dated February 5 and 9, 1989 re: Description of Facilities and Related Capital Costs 26 SERVICE PLAN FOR THE PROPOSED EAGLE VALLEY TV METROPOLITAN DISTRICT INTRODUCTION AND BACKGROUND Brief Description of Services and Service Area The purpose of the proposed Eagle Valley TV Metropolitan District (the "District") will be (i) to provide for the establishment and maintenance of television relay and translator facilities and (ii) to provide for the elimination and control of mosquitos. The formation of the District will provide for the availability of television signals for Denver channels 2, 4, 6, 7 and 9 to residents of the District, and will enable residents of the District to receive the benefits of centralized mosquito control services. The boundaries of the District will generally encompass the area along I-70 and the Eagle River from Gypsum to East Vail, and the Minturn and Red Cliff communi- ties. The boundaries of the District overlap the following metropolitan dis- tricts: Cascade Village, Eagle Vail, Avon, Beaver Creek, Berry Creek, Arrowhead, Bellyache Ridge, and Edwards. Although the Arrowhead, Berry Creek and Bellyache Ridge metropolitan districts` service plans authorize those districts to provide for the establishment and maintenance of television relay and translator facilities, at the present time they are not providing such services. Beaver Creek Metropolitan District provides cable television services but does not provide over-the-air television signal reception at the present time. Edwards Metropolitan District is currently providing mosquito control related services but has consented to allow the District to provide such services. Organizational Structure and Funding of Eagle County T.V. Translator Committee During early 1988, a group of citizens who were interested in providing an over- the-air T.V. service translator system approached the Eagle County commissioners with a request for Eagle County to provide funding for a preliminary engineering feasibility study for a T.V. translator system. The Eagle County commissioners appropriated up to $10,000 in matching funds for such a study. Matching funds were provided from the following entities: Town of Vail $2,500 Town of Avon 2,500 Town of Minturn 1,000 Town of Eagle 250 Avon Metropolitan District 1,000 Edwards Metropolitan District 250 Arrowhead Metropolitan District 250 Berry Creek Metropolitan District 250 Lake Creek Meadows Homeowners Association 250 Total $8,250 Representatives of the contributing entities and a representative from the Eagle Valley T.V. Corporation formed the Eagle County T.V. Translator Committee and retained Hartech, Inc. to prepare an engineering feasibility study for an amount not to exceed $16,000. During September, 1988, the members of the Eagle County T. V. Translator Committee adopted the following mission statement: To d~v®lop a basin®ss plan for the construction, operation, and tax bas®d funding of a five (5) chann®1 t®1®vision translator system to ~~rVa the m~~®Pity of Eagl® County residents and businesses along the I-TO/Eagle Riv®r/Colorado Riv®r corridors. Upon completion of a favorable engineering feasibility study in December, 1988, the Eagle County T.V. Translator Committee studied various methods of funding and implementing a T.V. translator system. Based upon input from various sources, it was decided that the formation of a metropolitan district was the most desirable way to proceed with the construc- tion, operations and funding of a T.V. translator system. In December, 1988, the Eagle County T.V. Translator Committee began soliciting for additional funds that would be required for the formation of a metropolitan district. Funds were received from the following entities: The Lodge at Vail $1,000 The Westin Hotel 2,000 Lions Square Lodge 500 Manor Vail Lodge 1,000 Mountain Haus Condos & Lodge 500 Simba Run Resorts 500 The Marriot Mark Resorts 2,000 Appollo Park Lodge 500 Antlers at Lionshead 500 Montaneros Condominums 500 Christie Lodge 2,000 Beaver Creek hest 1,000 Town of Eagle 500 Town of Minturn 500 Town of Avon 12,500 Town of Red Cliff 200 Total $25,700 Shortly after the above pledges were made, the representative from Eagle County resigned from the Eagle County T,V. Translator Committee and was replaced by tao members from the Vail and Avon lodging communities. 2 PURPOSE Pursuant to the requirements of the Special District Control Act, section 32-1-202 (2)CRS et. seg•, Colorado Revised Statutes, this Service Plan contains the following: 1. A description of the proposed services to be provided by the District; 2. A financial plan showing how the proposed services are to be financed, including the proposed operating revenue derived from property taxes for the first budget year of the District, which shall not be mater- ially exceeded except as authorized pursuant to section 32-1-207 or 29-1-302CRS; 3. A prelim inary engineering survey showing how the proposed services are to be provided; 4. A map of the District boundaries and an estimate of the population and valuation for assessment of the District; 5. A general description of the facilities to be constructed and the standards of such construction, including a statement of how the facility and service standards of the District are compatible with facility and service standards of any county within which all or any portion of the District is to be located, and of municipalities and special districts which are interested parties pursuant to section 32- 1-204(1)CRS; 6. A general description of the estimated cost of acquiring land, engineering services, legal services, administrative services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the District. 7. A description of any arrangement or proposed agreement with any poli- tical subdivision for the performance of any services between the District and such other political subdivision and, if the form of contract to be used is available, it shall be attached to the service plan. 3 NEED FOR SERVICES T.V. Relay and Translator System Facilities The Colorado General Assembly recognized the need for television relay and translator facilities to provide access to television reception as early as 1960 and adopted statutes to authorize a variety of local governments to provide such facilities. Because of the nature of the terrain within the boundaries of the District, it is not possible for residents of the District to receive over-the-air T.V. signals from regional broadcast facilities. Consequently, residents of the District are limited to T.V. subscriber services such as cable T.V. or satellite dishes. In the event that residents of the District are unable to pay for cable T.V. service or satellite dishes, they are precluded from receiving T.V. signals. The formation of the District will enable residents of the District to receive T.V. signals at low costs. Several areas within the boundaries of the District (i.e., the communities of Eagle, Minturn, and Red Cliff) are currently unable to adequately operate and maintain their existing limited T.V. signal facilities. The formation of the District wil] not only provide for the upgrading of existing limited T.V. signal facilities but will also provide for a stable source of funding for the perma- nent operation and maintenance of such facilities. The Eagle County T.V. Translator Committee believes that the formation of the District will provide the following specific needs that are not being presently met: o Over-the-air T.V. reception will be made available to residents of the District. o Improved and expanded T.V. reception will be provided by incorporating existing public and private T.V, translator systems into the District`s systems. o T.V. reception will be provided to areas not presently covered by existing cable T.V. systems. o An alternative T.V. reception will be provided to areas presently provided T.V. service only by T.V. cable systems. o An alternative to cable service for low and moderate income households and seasonal employees will be provided. o One public entity will be able to provide for the coordinated development of T.V. translator systems within the boundaries of the District. Elimination and Control of Mosquitos Several communities within the boundaries of the District, such as Red Cliff, Minturn, Beaver Creek, Vail, Eagle Vail, Avon, Edwards, and Lake Creek, are located adjacent to rivers, streams, and lakes. At certain times during the year mosquitos can become a health hazard. At the present time, there is no centralized entity that is responsible for the elimination and control of 4 mosquitos within the boundaries the District. Upon formation of the District, residents of the District will receive the benefit of having one municipal entity who is clearly responsible for the elimination and control of mosquitos within the boundaries of the District. DESCRIPTION OF PROPOSED SERVICES The District intends to provide for the acquisition, construction, completion, installation and/or operation and maintenance of televison relay and translator facilities, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvement to said facilities within and without the boundaries of the District. Immediately upon formation of the District, the directors of the District will attempt to accomplish the following objectives with respect to establishing and maintaining a television relay and translator facility system: 1. (1989) Obtain (i) general obligation bond authorization or (ii) enter into a municipal lease agreement to provide funding for phase 1 construction projects. 2. (1989) Execute T.V. translator equipment and license dedication agree- ments Frith the following entities which have agreed to transfer such equipment and licenses to the District. - Eagle Valley T.V. Corporation - Town of Minturn - Town of Red Cliff - Toan of Avon 3. (1989) Finalize T.V. translator site engineering evaluations for the Eagle (Castle Peak), Do~rds, Minturn, Red Cliff, East Vail, and Lake Creek sites. 4. (1989) File required license application and license transfers with the Federal Communication Commission. 5. (1989) Obtain appropriate permits and licenses for required site development from various entities. 6. (1989) Prepare specifications and bid documents for equipment and facilities as described in the "Preliminary Engineering/ /Standards of Construction/Description of Facilities and Cost Estimates" section of this Service Plan. 8. (1989) Award construction bids. 9. (1989/1990) Begin operation of the system. The District also intends to provide for a system that will eliminate and/or control mosquitos. It is expected that such a system will include spraying of approved pesticides in problem areas such as standing bodies of water, including marshes and riparian areas. 5 DISTRICT BOUNDARIES/MAP The area to be served by the District generally encompasses the area along I-70 and the Eagle River from Gypsum to East Vail, and the communities of Red Cliff and Minturn. A map of the boundaries of the District is attached as Exhibit A. A legal description of the District is attached as Exhibit C. The total area to be included in the District is approximately 197.5 square miles. ASSESSED VALUATION AND POPULATION WITHIN THE DISTRICT As indicated by Table I, the current assessed valuation of the property to be included within the District is based upon the 1988 Eagle County Abstract of Assessments and is approximately $547,514,000. Based on moderate growth estimates, this assessed valuation should increase to in excess of $670,000,000 within the next ten years. Based on discussions with the Eagle County Department of Community Development, year-round population within the District boundaries is currently estimated to be 14,663. 6 2-~ 7,89 TABLE I ASVALTAX.A FACIE VALLEY TV TRAA~IATOR DISTRICT eaglcat3.mp PROJECTED ASSESSED VALUATION FOR T1~ YEARS ENDIlIG DECENIDER 31, 1989 - 2000 (THOUSANDS OMTTIED) Assessed Valuation* 1989(1) 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 Avon 47,024 47,382 48,156 49,763 50,137 50,511 50,885 53,434 53,808 54,182 54,556 54,930 Arro~-ead 13,108 13,156 14,596 16,036 18,620 19,754 20,714 21,674 22,634 25,044 26,004 26,964 Beaver Creek 86,963 97,404 117,132 126,651 134,124 141,403 150,403 158,934 165,828 166,188 166,548 166,908 Bellyache 1,657 1,677 1,677 1,697 1,697 1,717 1,717 1,737 1,737 1,757 1,757 1,777 Berry Creek 16,108 16,348 16,548 16,748 16,948 17,148 17,348 17,548 17,748 17,948 18,148 18,348 Cordillera 0 1,Q68 1,324 1,580 1,836 2,092 2,348 2,604 2,860 3,116 3,372 3,628 y Eagle 13,704 13,717 13,806 13,896 13,986 14,075 14,165 14,254 14,344 14,434 14,523 14,613 Eagle Vail 39,319 39,679 39,914 40,149 40,383 40,618 40,853 41,088 41,323 41,557 41,792 42,027 Edwards 8,322 8,386 8,450 8,514 8,578 8,642 8,70b 8,770 8,834 8,898 8,962 9,026 Gypsum 7,116 7,167 7,218 7,270 7,321 7,372 7,423 7,474 7,526 7,577 7,628 7,679 Lake Creek 3,014 3,034 3,054 3,074 3,094 3,114 3,134 3,154 3,174 3,194 3,214 3,234 Minturn 5,217 5,241 5,265 5,289 5,313 5,337 5,361 5,385 5,409 5,433 5,457 5,481 Radcliff 1,038 1,046 1,046 1,054 1,054 1,062 1,062 1,070 1,070 1,078 1,078 1,086 Vail 294,924 297,036 298,286 299,246 300,351 301,311 302,416 303,376 304,481 305,441 306,546 307,506 Other 10,000 10,064 10,128 10,192 10,256 10,320 10,384 10,448 10,512 10,576 10,640 10,704 Total Assessed Valuation 547,514 562,405 586,601 601,158 613,697 624,476 636,919 650,951 661,287 666,423 670,226 673,911 * For the years 1990 through 2000 assessed valuation based on moderate growth estimates. (1) Source: Eagle County 1988 Abstract of Assessment except fvr "Cordillera " and "Other." STANDARDS OF CONSTRUCTION/PRELIMINARY ENGINEERING SURVEY/DESCRIPTION OF FACILI- TIES AND ESTIMATED COSTS Standards of Construction The District`s television relay and.translator facilities will be constructed and maintained in accordance with the standards prescribed by the Federal Communications Commission and with other State of Colorado and federal regulatory agencies. Preliminary Engineering Survey and Technical Feasibility Study Mr. James W. Hart, P.E., president of Hartech, Inc., Telecommunications and Consulting Engineers, and Mr. Neil Van Gaalen, licensed broadcast engineer, have prepared detailed engineering and technical feasibility studies relating to the District`s required televison relay and translator facilities and have determined (i) that the proposed television relay and translator facilities within the District are technically feasible and (ii) that the standards by which the facilities are to be constructed are compatible with the facilities of other jurisdictions as prescribed by the Federal Communications Commission. Exhibit E sets forth the technical feasibility study as prepared by Hartech, Inc. Exhibit F presents two letters from Neil Van Gaalen relating to the technical feasibility of the television relay and translator facilities proposed to be constructed by the District. Description of Facilities and Estimated Costs A description of the facilities and the cost of such facilities to be constructed or installed are presented in the following paragraphs and are based on information provided by Mr. Neil Van Gaalen as presented in Exhibit F. Such facilities are depicted on Exhibit B - District Television Relay and Translator Facility Map. Construction and Installation of T.V. Translator Eauiament Kremmling Site This existing site currently receives channel 7 signals direct from Denver and subsequently relays these signals via UHF translator to Castle Peak for integration into the District`s translator system. This site will be improved during 1989 as follows: o Upgrade power cable and repair existing building; o Install surge protector; o Install antenna on 20 foot tower. Cost Analysis 1 - Sitco quad antenna 48 element each 870 total 870 1 - Install new power cable 350 350 1 - Repair building 7,400 7,400 1 - Install surge protector 825 825 1 - Install 20' Rohn tower 3.500 3 500 total 12,945 8 Eagle Site Castle Peak This existing head-end site will receive Denver channels 2, 4, 6, and 9 from Garfield County and Denver channel 7 from the Kremmling site, and will be improved during 1989 as follows: o Upgrade two existing UHF channels to 100 watt solid state units; o Construct new Bogner antenna with a 220 degree hor izontal radiation pattern and eight degrees vertical beamwidth at the half power point; o Upgrade three existing VHF channels with ten watt a mplifiers directed at Dowds Junction and with anti-di stortion circuits; o Install larger receiving dish so that signal recept ion from Sunlight Peak will be improved; o Construct new masonry building to protect equipment. Cost Analysis 2 - XL 100 UU 100 watt translators each 24,250 total 48,500 1 - combining filter 2,850 2,850 1 - Bogner UHF antenna 12,370 12,370 1 - 50 ft Rohn 45 tower (installed) 4,000 4,000 1 - 8 ft reception dish 2,600 2,160 9 - 10 element Yagi VHF antennas 240 2,100 1 - surge protector 1,595 1,595 1 - 10x16 masonry bldg (installed) 9,000 9,000 Misc 2,500 2,500 labor to install electronic equip 2,500 2,500 3 - 10 watt VHF amplifiers 2,450 7,350 total 95,425 9 Dowds Junction This existing site would receive signals from Castle Peak and will be improved during 1989 as follows: o Add five new 100 watt solid state translators with anti-distortion circuits; o Construct Scala PR 4500 antenna system which will be directed to Vail, Avon, and Minturn. Cost Analysis 5 - XL 100 UU 100 watt translators each 24,250 total 121,500 10 - PR 459 U attennas 550 5,550 5 - parapanel antennas 500 2,500 2 - Rohn 45 30 ft towers 2,500 5,000 1 - 8 ft UHF reception dish 2,600 2,600 1 - 10 element Yagi reception attennas 240 240 5 - power dividers PD-3 135 675 2 - preamplifiers 300 600 1 - surge protector 1,595 1,595 1 - masonry bldg 10x12 (installed) 8,000 8,000 Misc 3,000 3,000 labor to install electronic equip. 3,000 total 154,010 Red C1 iff This existing site will be improved during 1989 so that it will receive signals from the Castle Peak site as follows: o Relocate translator site; o Construct new antenna system; o Install additional translators. Cost Analysis 3 - UTVB translators 1 watt VHF each 3,290 total 9,870 3 - 10 element Yagis 240 720 1 - 8 ft reception dish 2,600 2,600 1 - 10 element Yagis (R) 240 240 2 - preamplifiers 300 600 1 - 50 ft. Rohn 45 tower (installed) 4,000 4,000 2 - inline amplifiers 275 550 2,000 ft. coaxial cable 4,000 4,000 2 - splitters 135 270 Misc 2,000 2,000 labor to install 8,000 8,000 1 - surge protector 825 825 total 33,675 10 Lake Creek Site This new site, which will facilitate T.V. translator service to the Lake Creek area will be improved during 1990 as follows: o Install 5 one watt UHF translators; o Install various translator equipment and antennas. Cost Analysis 5 - UHF 1 watt translators each 4,490 total 22,500 5 - parapanel antennas 500 2,500 1 - solar power system (150 watt) 18,000 18,000 1 - 8 ft reception dish 2,600 2,600 1 - 8x8 masonry bldg (installed) 6,000 6,000 1 - preamplifier 300 300 1 - 50 ft Rohn 45 tower (installed) 4,000 4,000 R~isc 3,000 3,000 labor to install 4,000 4.000 total 62,900 East Vail Site This new site, which gill facilitate T.V. translator service to East Vail and portions of ~4est Vail, will be improved by 1990 as follows: o Install various translator equipment and antennas. Cost Analysis 5 - 10 watt UHF translators each 9,990 total 49,950 10 - PR 450U antennas 550 5,550 5 - poser dividers 125 625 1 - solar power supply (300 watt) 29,000 29,000 1 - 60 ft Rohn 45 tower (installed) 5,000 5,000 1 - 5 ft reception dish 800 800 1 - preamplifier 300 300 1 - 8x8 masonry bldg (installed) 6,000 6,000 Disc 3,500 3,500 labor to install 4,000 4.000 total 104,725 11 Minturn Site This existing site would be upgraded during 1990 as follows: o Install various translator equipment and antennas so that five channels can be received. Cost Analysis Miscellaneous Equipment 20,000 total 20,000 Total Construction and Installation of T.V. Translator Equipment All Sites $487,000 A summary of the above T.V. translator and equipment costs and other estimated costs are summarized in Table II. 12 2-27-$9 ~g~ II TVCAPCOS.A EAQE VALLEY TV METROPOLTTAN DISTRICT eaglcat3.mp ESTIMATED CAPITAL OOSTS FDIC THE YEARS EPIDIIZG DECEMBEit 31, 1989 - 1993 (TI~USAPID6 OF DOLLARS) Capital Qutlay Item 1989 1990 1991 1992 1993 'TOTAL [Zew Translator Equip~t Eagle (Castle Peak) 96 0 0 0 0 96 Dowds 155 0 0 0 0 155 East Vail 0 105 0 0 0 105 Red Cliff 35 0 0 0 0 35 ~~ 0 20 0 0 0 20 Lake Creek Meadows 0 63 0 0 0 63 Kremmli~g 13 0 0 0 0 13 Total Translator Equip. 299 188 0 0 0 487 License Transfers/Applications 10 0 0 0 0 10 Capitalized Admin. ~ Oper. 50 0 0 0 0 50 Organizational Costs 50 0 0 0 0 50 Eng., Plans, Specs ~ Rd~D 20 10 0 0 0 30 Contingencies - 20X 86 40 0 0 0 125 Test Equipment 0 30 0 0 0 30 Replacement Translator Equip. Eagle (Castle Peak) 0 0 0 0 60 60 Ids 0 0 0 0 0 0 East Vail 0 0 0 0 0 0 Red Cliff 0 0 10 0 0 10 ~~ 0 0 10 0 0 10 Total Replace. Trans. Equip. 0 0 20 0 bfl 80 Total Capital Outlay 515 268 20 0 60 862 13 ESTIP4ATED OPERA7IUN APdD kIAINTENANCE COSTS The District intends to operate, maintain, and administer the relay and translator facilities in a highly professional manner quality T.V. service will consistently be enjoyed by residents o Estimated administrative, operating and maintenance costs of (including a $25,000 annual allowance for mosquito control) are Tables III and IV. District`s T.V. so that high f the District. the District set forth in 14 2-17-89 TABLE III TVADCOST.A EAGLE VAld EY TV METROPOLITAN DISTRICT eaglcat3.mp p~EC'lgp ALAiTNTST[~TIVE (STS FOR ~ ~AR.S AIDING DECEMBER 31, 1989 - 2000 (TE~USAN~ ~ DOLLARS) ~- v EXPENDITURE CATEGORY 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 TOTAL Audit 0 0 2 2 2 2 2 2 2 2 2 2 20 Legal 0 6 6 6 6 6 6 6 6 6 6 6 66 Acctg/Bookkeeping/A~nin 0 6 6 6 6 6 6 6 6 6 6 6 66 Salaries Manager - 50% 0 15 15 15 15 15 15 15 15 15 15 15 165 Benefits - 25% of Salary 0 4 4 4 4 4 4 4 4 4 4 4 41 Office Rent/Utilities 0 3 6 6 6 6 6 6 6 6 6 6 63 Telephone 0 1 1 1 1 1 1 1 1 1 1 1 11 Office Supplies/Postage 0 3 1 1 1 1 1 1 1 1 1 1 13 Ilirectors Feea 0 3 3 3 3 3 3 3 3 3 3 3 33 Insurance 0 4 4 4 4 4 4 4 4 4 4 4 44 Other 0 2 2 2 2 2 2 2 2 2 2 2 22 TOTAL ADMIlVISTRATION 0 47 50 50 Sfl 50 50 Sfl 50 50 50 SO 544 .I 2-27-89 TABLE N TVOFCOST.A EAGLE VALLEY TV METROPOLITAN DISTRICT eaglcat3.mp PROJECTED MAINTENANCE AND OPERATING COSTS FOR T1~ YEARS ENDING DDCEMBFR 31, 1989 - 2000 (TiIOUSANDS ~' DOLLARS) ~- c. E70?ErIDITURE CATEGORY Salary - technical - 50~ Benefits - 25Y Mileage allowance/ vehicles lease Equipment rental- site access Contingency Power Spare pazts Site leasing Mosquito Control - Allow. Total Operating 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 Total 0 15 15 15 15 15 15 15 15 15 15 15 165 0 4 4 4 4 4 4 4 4 4 4 4 41 0 5 5 5 5 5 5 5 5 5 5 5 55 0 10 15 15 15 15 15 15 15 15 15 15 160 0 5 5 5 5 5 5 5 5 5 5 5 55 0 2 6 6 6 6 6 6 6 6 6 6 62 0 12 42 42 42 42 42 42 42 42 42 42 432 0 12 36 36 36 36 36 36 36 36 36 36 372 0 25 25 25 25 25 25 25 25 25 25 25 275 0 90 153 153 153 153 153 153 153 153 153 153 1,617 FINANCIAL PLAN AS PREPARED BY STAN BERNSTEIN AND ASSOCIATES. INC. Table V sets forth a detailed financial plan that has been prepared by Stan Bernstein and Associates, Inc. Financial Planners and Consultants for Local Governments, Municipal Bond Underwriters, and Real Estate Developers showing hoa the District`s proposed facilities and services are to be financed, including the estimated costs of engineering, legal, administrative services, capital costs and related debt service, and other costs relating to the organization and initial operation of the District. The financial plan clearly demonstrates that the District will have the ability to finance the facilities identified herein, and will be capable of discharging its proposed bonded indebtedness or make its annual lease payments on a reasonable basis. The financial plan assumes that the District will initially begin collecting property tax revenues, expected to initially be generated by a mill levy of 0.60 mills, during 1990. The financing plan indicates that the District`s mill levy could begin to decrease by 1996 as a result of the decline in the District`s annual debt service requirements or lease payments. It has been assumed that the District will finance its capital improvement requirements as previously set forth in Table II, by either (i) entering into municipal lease purchase agreements or (ii) by issuing general obligation bonds authorized by voters residing within the District`s boundaries. Table V-A assumes municipal lease arrangements or general obligation bond issues during 1989 and 1990. The 1989 financing in amount of $580,000 includes one year`s capitalized interest and a 5X discount for legal and financing costs. The 1990 financing in amount of 8280,000 assumes a 5X discount and no capitalized interest. It is assumed that the term of the lease or the general obligation bonds will be seven years and the interest rate will be 8.5X. In the event that the District`s capital improvements are financed by municipal leases, a separate debt service mill levy will not be required and consequently, it appears that the District`s operating mill levy will be 0.60. If, however, the District`s capital improvements are financed from the issuance of general obligation bonds, the District`s initial 1990 mill levy of 0.60 will be allocated as follows: Operations 0.44 mills Debt 0.16 mills Total 0.60 mills 17 2-27-89 ~g~ V CASHFIAW.A EAGIE VALLEY TV [~I~PDLTIAN DISTRICT eaglcat3.mp g~~~, p~ PROJECTED ~URCES AMID USES OF' FUNDS FOR THE YEARS ENDING DECENBQt 31, 1989 - 2000 (Z~USAND6 OF DOLTARS) 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 Total SOURCES OF FUND6 Property Taxes 0 337 352 361 368 375 382 293 198 200 201 202 3,270 5.0. Taxes (4.OX x Prop. Taxes) 0 13 14 14 15 15 15 12 8 8 8 8 131 Net Proceeds Leases/Bartid Issues 515 268 0 0 0 0 0 0 0 0 0 0 782 TOTAL SOURCES OF FUNDS 515 619 366 375 383 390 397 305 20b 208 209 210 4,183 USES OF FUNDS Operations Administration (Table III) 0 47 50 Sfl Sa 50 50 Sfl 50 Sfl 50 50 544 r Operating (Table IV) 0 90 153 153 153 153 153 153 153 153 153 153 1,617 0o Capital outlay (Table II) 515 268 20 0 60 0 0 0 0 0 0 0 862 Bebt service (Table V-A) 0 88 177 177 177 177 177 115 27 0 0 0 1,114 TOTAL USES OF FUNDS 515 492 399 .379 439 379 379 317 229 203 203 203 4,138 EXCESS ~URCES OVER USES 0 126 33 ~i 56 '10 18 -13 -23 5 7 8 45 BEGINNING FUNDS AVAIIABIE-JAN 1 0 126 93 89 32 43 61 48 25 31 38 ENDING FUNDS AVAlIABLE-DEC 31 0 126 93 89 32 43 61 48 ZS 31 38 45 ASSESSED VALUATION (Table I) 547,514 562,405 586,601 601,158 613 697 624 476 636 919 650 951 661 287 666 423 670 226 673 911 MII~L, ~~* 0.00 0.60 0.60 0.60 , O.f~ , 0.60 , 0.(~ , 0.45 , 0.30 , 0.30 , 0.30 , 0.30 * Operations - including annual lease paym~-t. .-- 2-27-89 TABLE V-A DEBTSERV.A EAG[E VALLEY TV Mb~FOLTTAN DISTRICT eaglcat3.mp PROJEJCIED DEBT SERVICE COtSTS FOR TF~ YEARS EPIDI1~ DECEMBER 31, 1989 - 2000 (Tt~JSANIDS OF DOiJ~ARS ) ~- Capital Lease Year Outlay ~ano~mt 1989 515 580 1990 268 280 1991 0 0 1992 0 0 1993 0 0 1994 0 0 1995 0 0 1996 0 0 1997 0 0 1998 0 0 1999 0 0 2000 0 0 Total 7$2 860 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 TOTAL 0 62 124 124 124 124 124 62 0 0 0 0 741 0 27 53 53 53 53 53 53 27 0 0 0 372 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 88 177 177 177 177 177 115 27 0 0 0 1,114 CONCLUSION It is submitted that this Service Plan for the proposed Eagle Valley TV Metro- politan District, as required by Section 32-1-202, CRS, establishes that: 1. There is sufficient existing and projected need for organized (i) T.V. relay and translator facility service and (ii) the elimination and control of mosquito service in the area to be serviced by the District; 2. The existing service in the area to be served by the District is inadequate for present and projected needs; 3. The District is capable of providing economical and sufficient service to the area within its proposed boundaries; 4. The area to be included in the District does have, and will have, the financial ability to discharge its proposed indebtedness, if in fact any general obligation bonded indebtedness is incurred, on a reason- able basis. 20 E.Q GI F ~~1~ ~ L~ Y ~ i - METROPOL / TA:'~' DISTRICT BOUNDARY MAP 1 ,.. , '~ ss '~ s. - _- ; _sA - _ J`T 3 -. 5-~- -~;'__ .. - .\ --" - - - '__ 1 - r ._ ` a _ __. n .- .. -_ F11 -'- T 4 S- s ~ - _ -, - - 1, ~ --------- r------- ~- -- iti - _ _ ~ ~- vi ~ -- ' -- .._ -. - - 1 ~ ' ,-Iz I r- a~ =„5 "~ m ' ~I 7Y'IZ .. ~t~ .~, - _ _ I /~ i I ` ~ - ~ ,I- ,',~, a ,+3 ~rr~ _-r'=_ - -1 0> ~_ X13 3 3 .-- ,`I \' ~ _ ~ ~.~ .s~ / + S~i il" ~ _ / '-~''O~~ ~ - ,- . i \,,- ` :w~ J- ~_ ~~,. ~_- ~ I .cam-.._s ~r\ i ~ ~ ~ ~ ___7 _ _ - -h I - - y3 3 ~ ~Jl 2t- 21 r!'., 24 - ~ <<' - .24¢ 8-' -" `~_ ~~ ~ .~ jf ~.. -=/` ,l .t '~ - ~..-. 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T ^cr-~• _ `~' '.<~ - ' E' ~~CA now tfl916»~` 6 RB3'nw ~~a arm nCw 'gyp p m+tn w 4~/p/lu abw '-t5 x!f. y ......~....«...,......r,,..~,.._.~. uamen I e I 1 s ~ s f r s 1 x n a n u Is n n v n m SCALE 1:100000 lom f sme m® u® K-~s I [[Irto21Fx a ra nN xfwcsfnrs I tfOrElfx Ow IrE cwum _ . 1077 1 1 I ] 1 1 f 1 - 1 - 1 1 w II q n' COMOUiI PlfFAVK 50 METERS ~~ ~ loam mn a® a® sp® rf'- ATV ~ CEGENO ~ r •. o.so.. an 890405 e, B. T. ,Y, oofo ramr.mr.. win ~Inter•R'tount.~fin , ~+T~~ s~„ ~••~ _ DISTRICT BC7IAJOARY .~ ixwo~xao'ii0° gp 17d uKf ~~~ero~~e JJI~~ BASF MAPTAi~IY FfK)M 3075p MINUTE CIJAORANGLE CF ' ~En ne~a'an~ VAR, COLORADO PUBLfSNED BY TRf BUREAU OF CANO •51ANAGfMf.NT, 1980. LL~~ I OF I SKI MUSEUM - SITE PLAN i - -, r NCI c~v~P ~~~. ~ - ---_ w FT ~~~~- , i, ~ / / /, - N~-~ y~o~~RortY ~.0~- P~~ ~N~~~W ~~ ,- o ~ ,- j ~ ~ ~ ~: d ~ ~ ~- ~I-oc~-~ ~--5~tr~~ TP-~~ N~~ Po~~ WiT'r~ ~N rtE~S _ ... _- NSW ~~~~ ST~~ ~1 ~`. Sown ~ 75 sou4h 9rontag® road veil, Colorado 89 657 (303) 479-29 9 6 MEMORANDUM TOo Ron Phillips 7 ^ -- FROM> Steve Bar :J y, Ken Hugh y Todd Sc 1 DATEo March 30, 1989 REs Saab Contract After conducting a detailed review of the Town°s contract with Saab-Scania for lease of police and administrative autos, it is our recommendation that the Town should sign a three year continuance of the contract. The items considered in our review included the followingo 1. Safety. As demonstrated by the most recent Highway Loss Data Institute report, Saabs are one of the safest automobiles available. Saabs have demonstrated excellent handling and traction characteristics on Vail°s sometimes slippery streets. Furthermore, the newest Saabs come equipped with an anti-lock braking system which has proved very useful in accident avoidance. 2. Operatin Costs. The operating costs of the Town's Saabs, including changeover costs, are quite low. The per mile operating cost for our police Saabs is 80 less than that for our Chevy Blazers - despite the hard driving involved in police work. The Town's administrative Saabs are 36% less expensive to operate than our Chevy Blazers. 3. Lease Costs. Saab-Scania changes over all Town Saabs on a frequent basis. This ensures that all Town Saabs are always under warranty and any major repairs are paid for by Saab. The lease rate of $260/month per vehicle is substantially lower than any similar commercial lease rate. SAAB LEASE MEMO MARCH 30, 1989 PAGE 2 4. Lease Cost Growth. Saab-Scania has a demonstrated history of providing extremely low increases in our lease costs. After completion of the new three year contract, the Town's lease costs will have increased just 10.6% in the past twelve years - less than 1o per year. 5. Ease of Entry/Exit. Due to the amount of equipment (gun, radio, etc.) worn by police officers, a police vehicle must have adequate room for easy entry and exit. While Saabs are fine in this respect, other vehicles which have been tested recently would present a problem. 6. Police Specific Needs. The standard Saab vehicle as leased by the Town of Vail meets a number of "Vail specific" needs as it relates to the police department. These include such items as 1) an electrical system that can accommodate our lights, siren, and radios, 2) front wheel drive, 3) a turning radius conducive to the narrow streets and tight turns in Vail, 4) excellent visibility from the driver's point of view, 5) a suspension system which allows for all around outstanding handling, 6) the capability to lock all doors by locking the driver's door, 7) a limited amount of "down time" periods due to mechanical or other problems, and 8) a non-traditional look which enhances our "soft image" as a resort police department. 7. Vehicle Resale. Resale of used police vehicles can be very difficult to accomplish at a reasonable price. Saab-Scania currently handles all details and paperwork involved with resale of the Town's Saabs. 8. Marketing. The use of "exotic" autos such as Saabs for our police vehicles lends a "European" air to Vail. It is not uncommon to see Vail's guests having their picture taken next t:o a Saab police vehicle. Saab-Scania also uses Vail extensively in national and international advertisements. The marketing benefit to Vail from these exposures is certainly substantial. In conclusion, during the past decade, Saab-Scania has developed a unique leasing program fo:r the Town of Vail. Every possible problem for the Town has been addressed by Saab-Scania with the goal of providing the Town with high quality vehicles at a remarkably low cost. We :strongly recommend continuation of this contract. SHB/ds ~~ Rondall V• Phillips Town P4anager Town of Vail 75 South Frontage Road Vail, Colorado 81657 ~~~~~ ~~-~~~' ~9~~L~Y WATER AND SANITATION DISTRICTS 846 FOREST ROAD • VAIL. COLORADO 81657 (303) 476-7480 March 28, 1989 Re: Exchange of Properties Lions Ridge and Gore Creek tdater Treatment Plant for Old Town of Vail Shops Reply to Town of Vail Letter Dated `larch 14, 1989 Dear Mr• Phillips: REC'G MAR 3 0 1989 I have reviewed your latest offer with the Board of Directors of the Vail Valley Consolidated jJater District• In the simplest terms, the District Board continues to believe that there is a value to all of the properties remaining in public ownership to the benefit of our constituents• It believes that the Town of Vail can put the Lions Ridge and Gore creek Water Treatment Plant sites to better use for the public good than we cano Nonetheless, these properties have substantial value• In fact, it is our belief that the value of the water properties exceeds that of the Old Town Shops property• The District Board has fiduciary responsibilities to its constituents and perceives that a sale of the Lions Ridge and Gore Creek sites to third parties for potential development would be of more benefit to our constituents than essentailly donating them to the Town of Vail• Further, it appears that at some substantial additional cost, the sewage treatment plant expansion could be accommodated on the current site owned by Upper Eagle Valley Consolidated Sanitation DIstrict• It was our hope to avoid that substantial additional construction cost by utilizing the Old Town Shops property, In the interest of attempting to structure a realistic business approach, the Vail Valley Consolidated Water District Board has authorized me to make this final offer concerning the exchange of the above-referenced properties• This offer is as follows: 1• The Town of Vail deed to the Vail Valley Consolidated Water District the Old Town Shops parcels free and clear of any restrictions, reverter clauses or encumbrances thereon .for the sole purpose of wastewater treatment plant expansiono PARTICIPATING DISTRICTS - ARROWHEAD METRO WATER O AVON METRO WATER O BEAVER CREEK METRO WATER O BERRY CREEK METRO WATER CLEAN EAGLE-VAIL METRO WATER O EDWARDS METRO WATER O LAKE CREEK MEADOWS WATER O UPPER EAGLE VALLEY CONSOLIDATED SANITATION VAIL VALLEY CONSOLIDATED WATER O VAIL WATER AND SANITATION 2. The Vail Valley Consolidated District shall deed to the Town of Vail the Lions Ridge and Gore Creek Water Treatment Plants sites free of restrictions or encumbrances other than the understanding that both sites will remain in public ownership and dedicated to public use. In the interest of public safety and property protection it is understood that the responsibility for clearing snow around fire hydrants will remain with the Town of Vail. We wish to continue a cooperative relationship with the Town of Vail, but the District does need to move along in the consideration of its alternatives of liquidating its properties. If the issue is solely one of differing perceptions of value, perhaps a jointly agreed upon appraiser with jointly agreed instructions could resolve that issue for us. To that end the District does offer to split the cost of such an appraisal. These offers to either effect the exchange or to agree to conduct an independent appraisal remain in effect until April 15, 1989. ~7e look forward to hearing from you. Sincerely, NAIL VALLEY CONSOLIDATED WATER DISTRICT ~~~' William B. George General "tanager cc: Kent Rose, Tlayor, Town of Vail James P. Collins, Esq. Edmund H. Drager, Jr., Esq., Chairman, Vail Valley Consolidated Water District Robert Warner, Jr., Chairman, Upper Eagle Valley Consolidated - Sanitation District Board of Directors, VVCWD Board of Directors, UEVCSD