HomeMy WebLinkAbout1989-08-01 Support Documentation Town Council Regular Session
VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, AUGUST 1, 1989
7:30 p.m.
AGENDA
1. Ten Year Employment Anniversary Award to Glenn Moore
2. Consent Agenda
A. Approval of Minutes of July 11 and 18, 1989 Meetings
B. Ordinance No. 15, Series of 1989, second reading, an ordinance
amending Ordinance 26, Series of 1987, to allow employee units in
Lionsridge Subdivision Filing No. 4.
C. Ordinance No. 18, Series of 1989, second reading, Town of Vail cable
television franchise ordinance.
D. Ordinance No. 19, Series of 1989, second reading, an ordinance
granting a cable television franchise to Heritage Cablevision to
construct, reconstruct, operate, and maintain a cable communications
system within the Town of Vail pursuant to and subject to the
provisions of Ordinance No. 18, Series of 1989.
E. Ordinance No. 20, Series of 1989, second reading, an ordinance
concerning the issuance of local improvement bonds of the Town of
Vail, Colorado for the Booth Creek Local Improvement District;
ratifying action heretofore taken in connection therewith; prescribing
details in connection with said bonds and district; prescribing duties
of certain Town officials in connection therewith; repealing all
ordinances and other action of the Town to the extent inconsistent
herewith; and providing other matters relating thereto.
3. Appeal of Planning and Environmental Commission decision to approve a
setback variance on Lot 6, Vail Village 10th Filing (950 Fairway Drive)
4. Appeal of Planning and Environmental Commission decision to approve an
exterior alteration, height variance, and density variance for the Enzian
Lodge, at Lot 1, Block 2, Vail Lionshead 3rd Filing (705 West Lionshead
Circle)
5. Appeal of the Design Review Board decision granting final approval of the
Rose Residence (2880 Booth Creek Drive)
CITIZEN PARTICIPATION
6. Adjournment
VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, AUGUST 1, 1989
7:30 p.m.
EXPANDED AGENDA
7:30 1. Ten Year Employment Anniversary Award to Glenn Moore
7:35 2. Consent Agenda
A. Approval of Minutes of July 11 and 18, 1989 Meetings
Peter Patten B. Ordinance No. 15, Series of 1989, second reading, an
ordinance allowing employee units in Lionsridge Filing
#4
Action Requested of Council: Approve/deny Ordinance
No. 15, Series of 1989, on second reading.
Background Rationale: This is a housekeeping ordinance
to correct Ordinance No. 26, Series of 1987, to allow
employee units in Lionsridge Filing #4. Ordinance No.
13, Series of 1981, specifically permitted employee
units on each lot, but Ordinance No. 26, Series of
1987, upon reannexation of West Vail, imposed single
family zoning without reference to employee units.
Employee units were inadvertently left out of wording
in Ordinance No. 26.
Staff Recommendation: Approve Ordinance No. 15, Series
of 1989, on second reading.
Larry Eskwith C. Ordinance No. 18, Series of 1989, second reading,
concerning cable TV communications
Action Requested of Council: Approve/deny Ordinance
No. 18, Series of 1989, on second reading.
Background Rationale: After a lengthy period of
negotiation and review by the Town Council, this
ordinance is now ready to be brought before the Council
for final approval or denial. Corrections from first
reading have been made.
Staff Recommendation: Approve Ordinance No. 18, Series
of 1989, on second reading.
Larry Eskwith D. Ordinance No. 19, Series of 1989, second reading,
granting a five year cable television franchise to
Heritage Cablevision
Action Requested of Council: Approve/deny Ordinance
No. 19, Series of 1989, on second reading.
Background Rationale: After review of the franchise
agreement by the Town Council, the Town Attorney was
directed to draft an ordinance granting a five year
franchise to Heritage Cablevision.
Staff Recommendation: Approve Ordinance No. 19, Series
of 1989, on second reading.
Larry Eskwith E. Ordinance No. 20, Series of 1989, second reading,
concerning the issuance of local improvement bonds for
the Booth Creek Local Improvement District
Action Requested of Council: Approve/deny Ordinance
No. 20, Series of 1989, on second reading.
Background Rationale: This ordinance authorizes the
issuance of local improvement bonds in the amount of
$335,000 to finance the Booth Creek Local Improvement
District.
Staff Recommendation: Approve Ordinance No. 20, Series
of 1989, on second reading.
7:50 3. Appeal of PEC decision to approve a setback variance on Lot
Betsy Rosolack 6, Vail Village 10th Filing (950 Fairway Drive)
Action Requested of Council: Uphold or overturn the PEC
decision.
Background Rationale: This appeal was made by an adjacent
property owner. The applicant, Michael Katz, requested a
front setback variance of 16 feet (4 feet from the front
property line) to construct a residence. The lots on either
side of Lot 6 received identical setback variances in 1975
due to geological hazards in the area. The PEC vote was
5-1-1, with Diana Donovan voting against and Jim Viele
abstaining.
Staff Recommendation: Uphold the PEC decision.
8:15 4. Appeal of the PEC decision to approve an exterior
Kristan Pritz alteration, height variance, and density variance for the
Enzian Lodge, at 705 West Lionshead Circle, Lot 1, Block 2,
Vail Lionshead 3rd Filing (Applicant: Alma Equities, a New
York corporation)
Action Requested of Council: Approve/deny the Enzian
requests and include/do not include the original staff
condition of approval requiring the employee housing unit.
Background Rationale: Both requests were approved
unanimously by the PEC. The condition of approval for the
height and density variances called for the Enzian to
provide one 400 square foot restricted employee housing unit
per Section 18.13.0808 10a-d. The PEC removed this
condition in their motion to approve the request. The PEC
also directed the applicant to work with the Vail Spa on a
joint landscape plan for the north sides of their
properties.
Staff Recommendation: Approve the Enzian requests and
include the original staff condition of approval requiring
the employee housing unit.
8:35 5. Appeal of the Design Review Board decision granting final
Mike Mollica approval of the Rose Residence (2880 Booth Creek Drive)
Action Requested of Council: Uphold/overturn the action of
the DRB.
Background Rationale: The Rose residence is located on Lot
1, Block 1, Vail Village 11th Filing (2880 Booth Creek
Drive). The proposal consists of the demolition of the
existing primary/secondary building and the construction of
a new primary/secondary building with 4,166 square feet of
GRFA. This project is utilizing the 250 Ordinance for both
units. The DRB granted final approval on July 19, 1989, by
a vote of 2-0-2.
Staff Recommendation: Uphold the action of the DRB.
8:50 CITIZEN PARTICIPATION
9:05 6. Adjournment
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Q
MINUTES
VAIL TOWN COUNCIL MEETING
JULY 11, 1989
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, July 11, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
-Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT: None
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was an update by the Colorado Department of Health on
the Eagle Mine Clean-up. Dick Parchini, the on-site field officer of the
Department of Health overseeing the construction on the mine, gave a brief summary
of what had transpired to date. He stated he expected to receive the June air
monitoring data by the next week, and noted they would put up two additional TSP
monitors outside the Middle School, one inside the school (probably in the
gymnasium), and one across from the Battle Mountain Trading Post. He commented he
hoped to have better turnaround time by sending information to Denver instead of
Oregon. He reviewed a few other highlights of the project, and then answered
questions of Council. Tom Steinberg reported what the Advisory Board to the School
Board was doing. Mike Cacioppo thanked Dick for the report; CDOH was addressing
the problems, and he appreciated it. Dick stated he would make another update next
month.
At this time, Mayor Rose announced he had just received the final vote tally of the
special election - 307 in favor of town participation in the television translator
district, and 210 against.
The second item on the agenda was a consent agenda of the following items:
A. Approval of minutes of the June 6 and 20, 1989 meetings.
B. Ordinance No. 14, Series of 1989, second reading, regarding supplemental
appropriations
C. Ordinance No. 16, Series of 1989, second reading, concerning vacating a
portion of a cul-de-sac in Intermountain
Mayor Rose read the full titles of the ordinances. Item B was pull off the consent
agenda. Merv Lapin made a motion to approve Items A and C, which John Slevin
seconded. Mike Cacioppo was concerned over the statement, in the June 20 minutes,
"Mike Cacioppo stated his concerns over this.", and wanted more specific
information. He asked Brenda Chesman to go back and listen to the tape and make
the wording specific. Eric Affeldt noted a typographical error on page 1 of the
June 6 minutes. A vote was taken and the motion passed unanimously 7-0.
Ordinance No. 14, Series of 1989, second reading, was discussed. Steve Barwick
stated that at first reading, $140,000 for the construction of the streamwalk had
been taken out, with $10,000 left for design work. John Slevin did not feel the
Council should spend the $10,000. Mayor Rose explained why he felt it should be
left in the budget. Gail Wahrlich-Lowenthal stated her concerns over notification
of the adjacent homeowners. There was some discussion by Council. Hermann Staufer
stated he was disappointed to hear there was no need to spend the $10,000 for the
study, and explained why he felt the money should be left in the budget. Tom
Steinberg commented he totally agreed with Hermann. Joe Macy, representing Vail
Associates, stated Vail Associates agreed with Hermann, Tom and Kent. He remarked
the streamwalk should be done, if there are no negative environmental impacts.
Mike Cacioppo felt the Council must find a way to compromise in the best interest
of the community. There was some discussion regarding the complexity of the design
issue and environmental concerns. Peter Patten then explained what the $10,000
would be spent on. There was more discussion on the pros and cons and the
feasibility of the project. Tom Steinberg made a motion to approve the ordinance
as presented, and Gail Wahrlich-Lowenthal seconded. Gail noted she would support
the ordinance and design study so to have it placed on the Vail Village Master Plan
for any future possibility years from now. Eric Affeldt remarked the supplemental
appropriations were for approximately $3 million, and not just $10,000. He then
reviewed what the whole amount would cover. Mike Cacioppo agreed that 98 percent
should be approved, but did not want to approve wasteful spending until it is made
right. A vote was taken and the motion passed 4-3, with Mike Cacioppo, Merv Lapin,
and John Slevin opposing.
The third item was Ordinance No. 15, Series of 1989, first reading, an ordinance
allowing employee units in Lionsridge Filing No. 4. Mayor Rose read the full title
of the ordinance. Peter Patten briefly explained what the ordinance was for;
basically a housekeeping ordinance to rectify an unintentional omission. Peter
than answered questions of Council. A motion to approve the ordinance was made by
Tom Steinberg, and seconded by Merv Lapin. A vote was taken and the motion passed
unanimously 7-0.
The next order of business was an appeal of the Design Review Board decision
granting final approval of the Cascade Crossing project. Mike Mollica reviewed the
application and gave brief background information on the project. He noted the
Cascade Crossing is a proposed single story retail center consisting of 10,270
square feet of leasable retail space. The property is located at 1031 South
Frontage Road West, which is immediately west of the Vail Professional Building.
The one acre site is zoned arterial business district. Merv Lapin had called the
item up for informational purposes only; it was a large project and he wanted to
know more about it. Mike responded to questions of Tom Steinberg regarding the
undergrounding of utilities. After some discussion, Mike showed Council plans and
drawings of the project. Bill Hine, architect for the project, reviewed the
project and answered questions of Council. Merv Lapin made a motion to uphold the
Design Review Board's decision regarding the Cascade Crossing project. John Slevin
seconded the motion. There was more discussion regarding sharing of the cost of
undergrounding utilities. A vote was then taken and the motion passed unanimously
7-0.
The fifth item was an appeal of the Design Review Board decision granting final
approval of the Ledges project. Mike Mollica reviewed the application and drawings
of the proposed project. He noted this project, as approved by the DRB, consisted
of six single family homes on approximately one acre. The site is zoned low
density multi-family and has an allowable density of eight dwelling units. Randy
Hodges, architect and partial owner of the project, stated it did meet the zoning
requirements. Peter Patten gave some additional background information on the
neighborhood and site zoning. Gail Wahrlich-Lowenthal made a motion to uphold the
DRB decision of the Ledges project, which Eric Affeldt seconded. A vote was taken
and the motion passed unanimously 7-0. Tom Steinberg commented the Town had looked
at this property earlier and let it slip through our hands; we should look at all
available properties to purchase with real estate transfer tax money. Merv Lapin
stated he had not had a problem with either of the two projects, but would like
more communication with staff; he needed more information. He suggested a short
description of each item on the Design Review Board agendas might help.
The sixth item of business was a presentation of the 1988 audited financial report.
Jerry McMahan, of McMahan and Armstrong, reviewed briefly the audited financial
report. Jerry, Steve Thompson, and Ron Phillips then answered questions of
Council. Jerry noted there had been a vast improvement in the Town's procedures
and record keeping over the last few years, and the Town staff should be commended.
Tom Steinberg made a motion to accept the audit as presented, which Eric Affeldt
seconded. A vote was taken and the motion passed unanimously 7-0.
There was no Citizen Participation.
Mayor Rose mentioned the Governor's "Dome on the Range" future visit. He stated
the Governor would be in our area July 27; in Avon, June 27, 2:00 p.m., and in Red
Cliff, June 27, 3:00-4:00 p.m. Red Cliff will be holding a town meeting then, and
the Town of Vail will participate in that.
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The last item on the agenda was discussion of the television translator vote
results and direction to the staff as to any future action. Mayor Rose noted again
the vote was 307 for, 210 against. Mike Cacioppo directed staff to write a letter
to the District Court and County Commissioners indicating the Town of Vail would
like to participate in the proposed Eagle Valley Television translator district. A
motion was made by Mike Cacioppo, and seconded by Gail Wahrlich-Lowenthal. There
was some discussion of the process now to District Court. A vote was then taken
and the motion passed unanimously 7-0.
There being no further business, the meeting was adjourned at 9:35 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
i
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MINUTES
VAIL TOWN COUNCIL MEETING
JULY 18, 1989
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, July 18, 1989, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
Tom Steinberg
MEMBERS ABSENT: None
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
The first order of business was a ten year employment anniversary award to Matt
Lindvall, Police Investigator. Ron Phillips briefly reviewed Matt's employment
background with the Town, and presented him with a Town of Vail belt buckle. Ken
Hughey, Chief of Police, thanked Matt for his hard work over the years. Mayor Rose
commented he really appreciated what Matt does, and congratulated him on his length
of service.
The next item was Ordinance No. 13, Series of 1989, second reading, an ordinance
establishing the Booth Creek Local Improvement District. Mayor Rose read the full
title of the ordinance. Larry Eskwith stated this was a second public hearing, and
he would take testimony a second time because the Town was required to change some
figures in the ordinance. He noted the figures are now final. Larry called Stan
Berryman, Director of Public Works/Transportation as a witness, and Stan was sworn
in by Ron Phillips. Stan explained what had transpired since the previous public
hearing June 20, 1989. He testified he had contacted the engineers, looked at the
redesign and slight increase in the project cost, sent out a notice June 30, 1989 to
the property owners to be assessed, published a public notice in the July 7, 1989
issue of the Vail Trail. Ron Phillips noted the Town had received one protest by
Art Kleimer and the three other owners of one piece of property. Stan stated the
shape of the berm had been changed and it was smaller, all the assessed property
owners were abutting or would be benefitted by the improvements. He reviewed the
formula used to assess each property owner's share, and testified the total cost of
the project would be $386,766 minus the Town of Vail's contribution of $20,000, for
a total of $366,766 to be assessed to the District. There was a short discussion
regarding the protests from the first assessment versus the second assessment. Stan
stated there had been five bidders for the job, with L & N Enterprises of Berthoud,
Colorado as low bidder. Jack Acuff asked how the Town would handle the County's
contribution of $20,000, to which Mayor Rose and Ron responded. There was a short
discussion concerning the construction schedule. Stan stated the project could not
be awarded, or a contract signed, for 30 days, which would be August 18, 1989. He
stated the construction work would begin that day, and it looked like a two month
project. Tom Steinberg asked about the timing of-taking the area out of the high
hazard designation. Mayor Rose commented the engineers would have to submit the
revised drawings. Larry Eskwith remarked the ordinance provided for it, too. The
engineer and geologist have committed to take the area out of the hazardous
designation if the project was built to their specifications. Pat Baker stated he
lived on Booth Falls Court and was in favor of the project. Merv Lapin commented
the Town would be responsible of maintaining the berm area in the future, and all
costs would be handled by the Town. There was then some discussion regarding
insurance coverage for a project like this. Gail Wahrlich-Lowenthal made a motion
to approve the ordinance, which Mike Cacioppo seconded. A vote was taken and the
motion passed unanimously 7-0.
The third item on the agenda was Ordinance No. 20, Series of 1989, first reading,
concerning the issuance of local improvement bonds for the Booth Creek Local
Improvement District. The full title was read by Mayor Rose. Larry Eskwith stated
this was a first reading, rather than second reading of Ordinance No. 17, and would
repeal the Ordinance No. 17. The ordinance had been redrafted with correct figures
and second reading would take place in two weeks. Stan Berryman noted he had
scheduled a meeting with bond counsel, Dee Weiser, and another attorney to answer
questions for those interested in forming a new district for the Booth Fall
Townhomes; the meeting was scheduled for Friday, August 4, 1989, 3:00 p.m., at the
Public Works offices. There was some discussion concerning clarification of the
scheduled meeting, and Mr. Weiser's involvement in living in the district. It was
noted that Mr. Weiser did not live in the district, his parents in-law live in the
next proposed district. Mike Cacioppo made a motion to approve the ordinance, and
Tom Steinberg seconded. Merv Lapin questioned if the bonds had been set up and who
was planning to buy them, to which Ron Phillips and Larry Eskwith responded yes and
explained. A vote was taken and the motion passed unanimously 7-0.
The following order of business was Ordinance No. 18, Series of 1989, first reading,
concerning cable television communications. Mayor Rose read the full title. Larry
Eskwith stated he had drafted the ordinance and reviewed it with outside counsel and
Heritage, and felt it was a good ordinance. Bill Perkins commented he had become
aware of the varied community activities Heritage had been involved in over the
years, and their good faith in business practices with local businesses. Mike
Cacioppo remarked he agreed with Bill, Heritage had done a fine job, and he was
comfortable with the ordinance and contract. Don Hagan reviewed concerns he had
regarding no automatic renewal, annexed or selected areas, non-controllable issues,
Heritage's liability, gross revenues, late fee interest percentage rate, digital
signals received over telephone lines, and monitoring. He also noted typographical
errors through the ordinance. After much discussion of these items, Eric Affeldt
made a motion to approve the ordinance with the typographical corrections, and Tom
Steinberg seconded. A vote was taken and the motion passed unanimously 7-0.
The next agenda item was Ordinance No. 19, Series of 1989, first reading, granting a
five year cable television franchise to Heritage Cablevision. The full title was
read by Mayor Rose. Larry Eskwith stated this ordinance would approve the actual
franchise agreement with Heritage; the agreement was for five years; and it had been
reviewed by Council as well as outside legal counsel. Kevin Rice, Senior Vice
President of Heritage, stated he bel=ieved Heritage had exceeded all their
commitments and requirements of the Town of Vail agreement in 1981; they had made
the system more dependable; Heritage was a good corporate citizen because they
believed in it; they also believed the new agreement was fair, but not for a long
enough term - they would be required to start negotiations in 25 months for the next
time. He also thanked Larry and Ron for their long hours of work on the agreement,
and thanked the Council for their friendly negotiations. Merv Lapin questioned why
Heritage was interested in this agreement, to which Kevin responded he felt the
agreement was necessary so both sides would know what to expect, and he did not feel
Heritage could do business in the Town and use our rights-of-way without it. Larry
agreed. There was some discussion by Council and Kevin regarding rates and
repercussions of conflict. A motion to approve the ordinance was made by Mike
Cacioppo and seconded by Tom Steinberg. Peter Patten, a resident of Vail, requested
certain channels and stated a petition had been sent to Kevin regarding this. Kevin
responded he had not seen a petition yet, but they would take it under review. He
stated if there would be a dramatic cost increase, they would have to look at it;
they would not rule it out, but would not give encouragement that a change would
take place before the end of the year. There was then some discussion about making
the special request a pay channel, to which Kevin responded they were not allowed
that option. Merv Lapin asked Kevin to look into it before second reading, if
possible. Mike Cacioppo noted the audio level was not the same on all channels, to
which Kevin replied as far as he knew they had not received a complaint, but they
could correct it. Don Hagan commented he was happy with what Heritage had done over
the years, and that Heritage had been a good corporate resident. He questioned how
much did the five percent franchise fee amount to, to which Kevin replied in 1988,
Heritage had paid $79,553. There was then a brief discussion concerning the
operating cost of the public access channel. A vote was then taken and the motion
passed unanimously 7-0. Ron Phillips remarked that Larry had done a remarkable job
on a complex subject.
The sixth item was Resolution No. 26, Series of 1989, concerning the Arts in Public
Places Program. Kristan Pritz noted the memo Council had been given listed the
changes in the document, and that one Planning and Environmental Commission member,
one Council member, one Design Review Board member, and one Community Development
staff person had been added to the committee. Gail Wahrlich-Lowenthal felt the
committee should be increased from 7 members to 9, and asked Kristan what the
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expectations were of the committee members, since it was written members could not
miss three meetings in a row. Kristan responded she expected the committee to meet
about once a month. Mayor Rose remarked he felt 3 community members and 4 Town of
Vail members was too many from the Town, and either change the numbers to 5
community members and 2 from the Town, or increase the number to 9. Kristan replied
she had not problem increasing the number. Mike questioned where it had been stated
this would be a temporary board, which Kristan responded in the resolution; through
the resolution Council was making it temporary. Mike commented he was concerned the
community members would be gallery owners. It was decided that gallery owners did
not always agree, so it would be alright. Kristan then reviewed the other major
changes made in the document, then requested approval for the temporary board for
two years, and addressed Mike's concern over costs. She stated there would be one
planner staff time, and secretary time, plus if the Town needed to place the art or
build a base, they may come before Council asking for funds. Mike stated he
appreciated knowing up front of any potential costs. Kristan then briefly reviewed
the members' roles. Eric Affeldt recommended Kristan pick up Insight magazine and
show it to the board; it had good information in it. Gail Wahrlich-Lowenthal had a
question regarding public safety, to which Kristan responded. Peter Patten
commented this was anticlimactic; this was very positive and no public was present;
he also felt the potential for Vail was immense and exactly what the Town needed to
make it a more attractive place for locals and guests. He also remarked Kristan
needed the most credit; she had done an outstanding job on this. He also felt the
Task Force deserved a letter from the Council thanking them for the work done over
the last two years. Merv Lapin made a motion to approve the resolution, which Tom
Steinberg seconded. A vote was taken and the motion passed unanimously 7-0.
The next order of business was Resolution Nos. 28 - 53, Series of 1989, designating
the financial institutions as depositories for Town of Vail funds. After a brief
discussion by Council and Steve Thompson, Merv Lapin made a motion to approve all of
the resolutions. John Slevin seconded the motion. A vote was taken and the motion
passed unanimously 7-0.
There was no Citizen Participation.
Merv Lapin suggested staff evaluate the purchase of Ginny Mae's, and encouraged
staff to stay away from them. Steve Thompson agreed. There was then some
discussion regarding zero coupons. Steve noted he would have the semi-annual
investment report for the next Council meeting.
Mike Cacioppo remarked this was the first time in history all of Council had agreed
to all items on the agenda 7-0, and he thanked the other Council members for coming
around to his way of thinking.
Mayor Rose remarked there had been an executive session regarding lawsuits started
at the Work Session that afternoon which Council had to interrupt. He asked that
Council continue the executive session now.
Tom Steinberg announced for those who felt the performing arts would not sell in
Vail, 650 paid sit down seats had been sold last week at the Amphitheater.
There being no further business, the meeting was adjourned at 9:35 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
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TO: Planning and Environmental Commission
FROM: Community Development
DATE: June 26, 1989
SUBJ: A request to amend Ordinance No. 26 of 1987 to allow
employee units in single family houses in Lionsridge Fourth
Filing.
Applicant: Town of Vail
1. THE REQUEST
Ordinance 26 of 1987 was written to impose zoning districts on
newly re-annexed portions of West Vail. It was the purpose of
the ordinance to apply the same zoning to the re-annexed
property that had been applied in Ordinance No. 13 of 1981 when
the property was first annexed. Ordinance No. 13 of 1981
specifically permitted employee units on each single family lot.
Employee units were inadvertently left out of the wording in
Ordinance No. 26 of 1987.
II. STAFF RECOMMENDATION
The staff recommends approval of the amendment to Ordinance
No. 26, Series of 1987 to rectify this unintentional omission.
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OIZDINANCI: NO. 13 tJ
- (S.erics of 1981) 75 s. fior,t:1.r,(2 road
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, ]:l R... y,,nt~,-r,,+ •~L.:,.aC_e .y. Oj(:CU U{ ou.,l> cl(;rl~
X, Q1I~II4ilj;L"I`IPOSING:70NTNG DISTIIICTS.ON
' Mir'1't1IN.. IMVELU1'li1•'if'rS AM)' PAIICE.L OF PROPERTY 'I;l
~'TIIE.:ItLCI;NILY ANNL1rD \VLST NAIL AREA; ACCEPTING
:p1ZLUIt- APPROVALS - OF THE EAGLE COUNTY C0',11iISS I0NER3
t- RELATING -THERETO; SPI;CIFYING__ l1AII~IdD1IENT PROCEDURES;
SETTING FORTH CONDITIONS RELATING THERETO; AMENDING
':TIIE.`OFFICIAL ZONING MAP FOR THE TOWN OF VAIL: AND -
SETTING. - FORTII DETAILS IN RELATION THERETO.
-WHEREAS, the.tow.n of Vail, Colorado, recently annexed the West
Vail area', County of. t`agle, 'State. -.of Colorado, effective on December
. '.~-=,1-,." V Q'r ~•.~:.L1{~T..~43..-.._.. ....SS.T ter....-
WHEREAS, Chapter 18.68 of the Municipal Code-of the Town of
Vail sets forth procedures for the imposition of zoning districts -
on recently annexed areas; and -
IVIIEREAS, Section 31-12-115 (s) C.r-,..S, 1973, as amended, =
requires the Town to bring the newly annexed West Vail. area under
its zoning ordinance within ninety (90) days after the ef:LL ective
date of said annexation; and
WHEREAS, because-of certain actions taken by and approvals of -
-the Eagle_ County Colmnissioners relatinb to. the within specified
pxoPpi ties the Town Council is of the opinion that the zor_iTIM,
esi-na i n for these areas should recognize said approvals and
- corrd -u n and
11ZREAS, the Planning and Environmental Commission of the Town
of Fail has considered the zoning to be. imposed on the newl;, annei
West Vail area at a public hearing and his made a recommendation
relating thereto, to the Town Council; and
WHEREAS, the Torn Council considers that it is in the interest
of the publ_i.c health, safety and welf rc to so Tone said propci•Ly;
r1 .ljl~.•.'1`Oti'~;
NOW, TIIEI"tL''FORE', 13E IT ORDAINED hY THE' COU\CIL Or,
OF VAIL, THAT:
S('Cf ioll 1. P1_000C111r0-s I-111 f.-i 1 I OL1.
The procedures for the det:crrlin:l.t.i.~1~ cl_l -L,10 to he
dill).' ( d oil tho nev71.; :11111(1`"cd \':I iJ. !rea as (.t l: forth i.ll Cll:ljl l er
1S.G10> <li' t'llo v: ll. \11111.1 (:i.j):1.1. Code h.,Ivo ir.c n .1'111f-i:1..Lod.
Sc:r.t,ic,n '2'. Irnl,c,~:i t:j.c,n of honi nT~ lli:.Lr i cl: oil Cortain Parcels and
Of the Ilow i y alll)excd Iifc7:~ t va.i j. area.
Pursuant to Chapter 18.68, 'Of the Vail Municipal Code, the.propertics
described in subsections e, f, g, 11 Fz i. below are a portion of the '
West. Vail area',ti.nriexei)•'.`to 'the-•Town through' the enactment of Ordinance
No. 43, Series`11 "I i080',`"of the Town of Vail, Colorado, effective on
the thirty-first-day-of:December; 1980, and hereby zoned as follows:
a. The developments and parcels of property specified below in
Subsections e, f, g, h & i shall be developed in accordance Nvith. the
prio°,A "blv:,ument-approvals and actions of the Eagle County Commissioners
as"the"agreements, approvals and actions relate to each development or
parcel of property.
L-b:-'-The documents and instruments relating to the prior county
approvals, actions and agreements are presently on file in the
Department of*Community Development of the Town of Vail and said
approvals, actions and agreements are hereby accepted and approved
by the Town of Vail.
^c: All buildings for which a building permit. has not been issued,
on the effective date of the annexation of West Vail shall comply with
Design-Review Criteria of the Vail 'Municipal Code prior to the issuance
of n: a-building permit.
a. The Community Development Department may issue staff approvals
for minor changes in site design or other minor aspects of the plan for
any of the specified developments or parcels. These proposed changes
may be approved as presented, approvcd oith conditions or denied by the
Staff with an appeal within 10 days of the Staff decision to the
Planning and Environmental Commission. For major changes, such as
a re=design of a major part of the site, changes as use, density
control.L,--bei-;ht- or other development standards, a Planning and
Environmental. Commission review should be rc-quired. The procedure
for chanl;cs shall be in accordance with Ch;,ptor 1,.06 of tiie Fail
Municipal Code.
---e: - The fo-110wi.ng dcvu1c?pnlr nts of property shall be
subject to the Lerms of this
(1.) '1'hc: Va.alc~y, ]'ll:t:;c~:; tl~~•c~tt,;lt
Spl•ctc:r. Cl•crc1:
(:1) 1~1~•aclcn:• C'1•c•c:l: C:c.lllcl<,Ini It i I~ul::,
(4) Vail _I itc:rmouutain- 5wlln- and 'Tennis Club.
(5) Briar Patch, Lots G-2, G-5 and G-G
Lionsridge Subdivision Filing No. 2.
(6) Casa Del Sol Condominiums.
For any zoning purpose beyond the Eagle County Commissioners' approvals,
agreements or actions, the developments and parcels of property specified
in this subsection (e) shall be zoned Residential Cluster (RC).
-Lionsridge Subdivision, Filing No. 4, shall be subject to the
terms of this ordinance. For any zoning purpose beyond the Eagle County
Commissioners' approval, agreement or action, this parcel of property
shall be zoned Single Family Zone District (SFR) with a special pro-
vision that an employee unit (as defined and restricted in Section 18.13.(
of the Vail Municipal Code) will be subject to approvals as per Section
18.13.080. The secondary unit may not exceed one third of the total
Gross Residential Floor Area (GRFA) allowed on the lot as per the
Single Family Zone District Density Control (Section 18.10.090 of the
flail Municipal Code), and Greenbelt Natural Open Space (GN OS)
g. Lot G-4, Lionsridge Subdivision, Filing No. 2, has been the
subject of litigation in the District Court of Eagle County, and a Court
order has been issued regarding the development of this property. The
Town has further approved Resolution 1'_5 of 1981 in regard to a subse-
quent agreement with the owner.. The Residential Cluster (RC) Zone
District will be t;he applicable zone on this property to guide the
future development of the parcel, working within the bounds set by
the Court Order :ind Resolution No. 5, Series of 1081.
h. Bloch 10, Vail Intcrlnounta.in Subdivision and the Elliott Ranch
Subdivision, shall be subject to the terms of this ordinance. For any
zoning, purpose beyond the Eagle County Commissioners' approval, agree-
meat or action, Flock 10 and the Elliott: Ranch, shall be zoned rrilnarv/
Secondary District. Lots S, 15 F'.. ]G of Block 10, Vail Intermountain,
shall be zoned Grcelibelt F;: Natural Open Space (GNOS) .
i.• Vail. Ccnn:nclu:; , Vail Dar Sll(:llc: l'i1i11;; 1~0- 4, shall be subj (.-c:t
to t:hc t:crnlr, of tJ.Ji:: orda n:lll(.c. 1'c»• ally ::on:ill- J)ll.rpose h(!N,c ll(I 1110
h;l(;l e ;(?1111 tN' CC+1! mi:;:i•1011101':;' :L 7i1'('( Ill( Il 1. ,LJ)J').L'O\':l.J. (1:' :LCtl Oll , x':1.1
-h:l l l JW ''01 rd C02111103•L. i.al. ('(;r•, 111. (CCI II) .
i
ORDINANCE NO. 15
Series of 1989
AN ORDINANCE AMENDING ORDINANCE 26, SERIES OF 19871
TO ALLOW EMPLOYEE UNITS IN LIONSRIDGE SUBDIVISION FILING NO. 4.
WHEREAS, the Town of Vail re-annexed a portion of the West Vail
area effective May 1, 1987; and
WHEREAS, Ordinance No. 13, Series of 1981, specifically permitted
an employee unit on each single family lot in Lionsridge Subdivision
Filing No. 4; and
WHEREAS, Ordinance No. 26, Series of 1987 upon the re-annexation
of West Vail, imposed the Single Family (SFR) District on the
Lionsridge Subdivision Filing No. 4 without reference to an additional
employee unit; and
WHEREAS, the Town Council considers it in the interest of the
public health, safety and welfare, to amend Ordinance 26 to allow for
employee units in Lionsridge Subdivision Filing No. 4.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, AS FOLLOWS:
Section 1. Procedures Fulfilled
The procedures for the determination of the zoning district for
Lionsridge Subdivision Filing No. 4 have been fulfilled.
Section 2.
An employee unit (as defined and restricted in Section 18.13 of the
Municipal Code) shall be permitted on each lot in Lionsridge
Subdivision Filing No. 4. The employee unit shall not exceed one third
of the total gross residential floor area allowed on the lot per the
Single Family zone district density control (Section 18.10.090).
Section 3.
If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this ordinance; and
the Town Council hereby declares it would have passed this ordinance,
and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that nay one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4.
The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of
the Town of Vail and the inhabitants thereof.
l Vail Municipal Code as provided in this ordinance shall not affect any
right which has accrued, any duty imposed, any violation that occurred
prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the
provision repealed or repealed and re-enacted. The repeal of any
provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
INTRODUCED, READ AND PASSED ON FIRST READING THIS 11rh day of
July , 1989, and a public hearing shall be held on this
ordinance on the 11th day of J111v , 1989 at 7:30 p.m. in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ordered published in full this 11th day of July , 1989
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1989.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
~ r
TOWN OF VAIL CABLE TELEVISION FRANCHISE ORDINANCE,
TABLE OF CONTENTS
PARAGRAPH TITLE PAGE NO.
1. Cable Communications Ordinance 1
2. Purpose 1
3. Applicability 1
4. Definitions 1
5. Requirement of a Franchise 5
6. General Franchise Characteristics 5
7. Franchise as a Contract 5
8. Conflicts 5
9. Franchisee Subject to Police Power 6
10. Franchise Validity 6
11. Filing of Applications 6
12. Content of Applications 7
13. Consideration of Applications 8
14. Acceptance 9
15. Franchise Term 10
16. Franchise Fee 10
17. Insurance, Bonds, Indemnity 11
18. Letter of Credit 14
19. Liquidated Damages 14
20. Forfeiture and Termination 15
21. Insolvency 17
22. Removal of Cable Communications System 17
23. Subscriber Fees and Rates 18
TOWN OF VAIL CABLE TELEVISION FRANCHISE ORDINANCE
TABLE OF CONTENTS (page 2)
PARAGRAPH TITLE PAGE NO.
24. Reports 19
25. Records Required 20
26. Filings 20
27. Service Calls and Complaint Procedures 20
28. Service to Subscribers 22
29. Leased Access 22
30. Public Drops 23
31. Lock Out Device 23
32. Protection of Subscriber Privacy 23
33. Construction and Installation Work 23
34. Location of Structures, Lines and Equipment 23
35. Replacement of Paving 24
36. Alteration of Streets by Town 24
37. Trimming Trees 25
38. Temporary Move of Cables 25
39. Refunds and Service Terminations 25
40. Service Area 26
41. Continuity of Service 26
42. Transitional Operation 27
43. Periodic Reevaluation and Renegotiations 27
44. Theft of Services and Tampering 28
45. Renegotiation 28
46. Severability 29
ORDINANCE NO. 18
Series of 1989
TOWN OF VAIL CABLE TELEVISION FRANCHISE ORDINANCE.
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 of 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.
-2-
i. "Connection" shall mean the attachment of the drop to the radio or
television set or other communication device of the subscriber.
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.
e~
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--c-able subscriber services
which are made available as, and only as, a group for purchase by subscribers at a
specific rate for the group.
Z. "Street" or "public way" shall mean the surface and the space below
and above any public street, road, highway, path, sidewalk, alley, court, or
easement now or hereafter held by the Town for the purpose of public travel or
public utilities and shall include public easements or rights-of-way.
aa. "Subscriber" shall mean a recipient of cable television service or-
other services provided over a cable communications system.
bb. "User" shall mean a party utilizing a cable communications systems
facility for the purpose of production or transmission of material or information to
subscribers.
-4-
5. REQUIREMENT OF A FRANCHISE
It shall be unlawful to construct, install, maintain, or operate a cable
communications system or part of a cable communications system within the Town
without a valid franchise obtained in accordance with the provisions of this
chapter.
6. GENERAL FRANCHISE CHARACTERISTICS
Any franchise issued in accordance with the provisions of this chapter
shall be deemed to:
a. Authorize use of the public ways for installing cables, wires, lines
and other facilities in order to operate a cable communications system, but shall
neither expressly nor implied be deemed to authorize the Grantee to provide service
to, or install cable, wires, lines, or any other equipment or facilities upon
private property without owner consent, or to utilize publicly or privately owned
utility poles or conduits without a separate agreement with the owners therefore;
b. Be non-exclusive, and shall neither expressly nor implied be deemed to
preclude the issuance of subsequent franchises to operate one or more cable
communications systems within the Town; and
C. Convey no property right to the Franchisee or right to renewal except
as required by Federal and State law.
7. FRANCHISE AS A CONTRACT
A franchise issued pursuant to the provisions of this chapter shall be
deemed to constitute a contract between the Franchisee and the Town. The Franchisee
shall be deemed to have contractually committed itself to comply with the terms,
conditions, and provisions of the franchise documents, and with all rules, orders,
regulations, and determinations applicable to the franchise which are issued,
promulgated, or made pursuant to the provisions of this chapter.
8. CONFLICTS
a. All terms, conditions and provisions of this chapter and the
application for a franchise shall be deemed to be embodied in a franchise, and
conflicts in terms, conditions or provisions between these documents shall be
resolved as follows:
1) The express terms of this chapter shall prevail over conflicting
or inconsistent provisions of the franchise;
2) The express terms of the franchise shall prevail over conflicting
or inconsistent provisions in the application and any request for proposals; and
-5-
3) The express terms of any request for proposals shall prevail over
conflicting or inconsistent provisions in the application for the franchise.
b. The provisions of the franchise shall be liberally construed in order
to effectuate its purposes and objectives consistent with this chapter and the
public interest. In the event one or more provisions of the franchise or this
chapter or subsequently found to be unlawful, null and void or unenforceable, the
Town shall, at its sole option, have the right to consider said provisions severed
from the franchise so as to continue the franchise's effectiveness, in accordance
with the terms of this chapter. Any franchise agreement will be construed under the
laws of the State of Colorado.
9. FRANCHISEE SUBJECT TO POLICE POWER
A Franchisee shall, at all times during the life of a franchise, be subject
to all lawful exercise of the police power by the Town and through such lawful
regulations as the Town shall hereafter enact. The construction, operation, and
maintenance of the system shall also be in full compliance with all other applicable
rules and regulations now in effect or hereafter adopted by the United States, the
State of Colorado, or any agency of said governments.
10. FRANCHISE VALIDITY
A Grantee shall agree, by the acceptance of a franchise, to accept the
validity of the terms and the conditions of this ordinance and the franchise in
their entirety and that the Grantee will not, at any time in any claim or
proceeding, challenge any term or provision of this ordinance or the franchise as
unreasonable or arbitrary or argue that the Town did not have the authority to
impose such term or condition.
11. FILING OF APPLICATIONS
Applications for a cable communications franchise will be considered
pursuant to the following procedures:
a. An application may be filed at any time or pursuant to a request for
proposals issued by the Town.
b. Upon the filing of an application, the Town shall publish notice of
the filing in a newspaper of general circulation in the Town. Any person wishing to
submit any comment on the application shall, within fifteen (15) days of the date of
notice of the first application, file such comment with the Town Manager.
C. All applications to be acceptable for filing must be accompanied by a
filing fee of ten thousand sixty dollars ($10,060). The Town shall apply all filing
fees received against all costs associated with its evaluation of any pending
-6-
applications pursuant to this chapter. In the event that total costs are less than
the total filing fees, the Town shall refund a portion of the filing fee on a
prorated basis for each Applicant within forty-five (45) days after franchise
grant. The Town shall furnish applicant with documentation of all costs incurred at
that time.
12. CONTENT OF APPLICATIONS
To be acceptable for filing, an application must conform to any applicable
request for proposals and all the information specified therein. Where an
application is not filed pursuant to a request for proposals shall contain at
minimum, the following information:
a. Identification of the ownership of the Applicant, if not a natural
person, including the names and addresses of all persons with one (1) percent or
more ownership interest and the ultimate controlling natural persons and
identification of all officers and directors and any other primary business
affiliation of each.
b. An indication whether or not the Applicant, or any entity controlling
the Applicant, including any officer of a corporation or a major stockholder
thereof, has been adjudged bankrupt, has had a cable franchise revoked, or been
found guilty by any court or administrative agency in the United States of:
1) A violation of a security or antitrust law; or
2) A felony or any other crime involving moral turpitude. Identify
any such person or entity and fully explain the circumstances.
C. A demonstration of the Applicant's technical and financial ability to
construct and operate the proposed cable facility.
d. A description of the physical facility proposed, including channel
capacity including one way and two way, if any, the area to be served, a summary of
technical characteristics, and head end and access facilities.
e. A description relating how any construction will be implemented,
identification of areas having above ground or below ground cable facilities, the
proposed construction schedule, and a description where appropriate, indicating how
service will be converted from any existing facility to a new facility.
f. A description of the services to be provided over the system,
including identification of television signals, both broadcast and non-broadcast, to
be carried and all non-television services to be provided initially. Where service
will be offered by tiers, identify the signals or services, or both, to be included
on each tier.
-7-
g. The proposed rates to be charged, including rates for each service
tier, as appropriate, and charges for installation, converters and other services.
h. Information as necessary to demonstrate compliance with all relevant
requirements contained in this chapter.
i. A demonstration stating how the proposal is reasonable to meet the
future cable related community needs and interests. In particular, the application
should describe how the proposal will satisfy the needs as analyzed in any recent
community needs assessment commissioned by the Town.
j. A demonstration how the proposal was designed to be consistent with
all federal and state requirements.
k. Pro forma financial projections for each year of the franchise term.
The projections shall include a statement of income, balance sheet, statement of
sources and use of funds, and schedule of capital additions. All significant
assumptions shall be explained in notes or supporting schedules set accompanying the
projections.
1. A complete list of all cable communications systems in which the
Applicant or a principle thereof holds an equity interest.
M. An affidavit of the Applicant or duly authorized officer thereof
certifying, in a form acceptable to the Town, the truth and accuracy of the
information contained in the application.
n. In the case of an application by an existing Franchisee for renewed
franchise, a demonstration that said Franchisee has substantially complied with the
material terms of the existing franchise and with applicable law.
o. Any person who files an application with the Town for a cable
communications franchise shall forewith, at all times, disclose to the Town, in
writing, the names, addresses, and occupations of all persons who are authorized to
represent or act on behalf of the Applicant in those matters pertaining to the
application. The requirement to make such disclosure shall continue until the Town
shall have rejected an Applicant's application or until an Applicant withdraws its
application.
13. CONSIDERATION OF APPLICATIONS
a. The Town shall consider each application for a franchise with the
applications found to be acceptable for filing and in substantial compliance with
the requirements of this chapter and any applicable request for proposals. In
evaluating an application, the Town will consider, among other things, the
Applicant's past service record in other communities, the nature of the proposed
-8-
facilities and services, including rates to be charged therefor, and whether the
proposal is adequate to meet the future cable related community needs and interests
of the citizens of the Town. Where the application is for a renewed franchise, the
Town shall consider whether:
1) The cable operator has substantially complied with the material
terms of the existing franchise and with applicable law;
2) The quality of the operator's service, including signal quality,
response to consumer complaints, and billing practices; but without regard to the
mix, quality, or level of cable services or other services provided over the system,
has been reasonable in light of community needs;
3) The operator has the financial, legal and technical ability to
provide the services, facilities and equipment as set forth in the operator's
proposal; and
4) The operator's proposal is reasonable to meet the future cable
related community needs and interests, taking into account the cost of meeting such
needs and interests.
b. Where the Town determines that an Applicant's proposal, including the
proposed service area, would serve the public interest, and may grant a franchise to
the Applicant. The franchise agreement will constitute a contract, freely entered
into, between the Town and the Grantee. Said franchise agreement shall incorporate
by reference the relevant provisions of this chapter. Any such franchise must be
approved by ordinance of the Town Council pursuant to the ordinances of the Town and
the Charter of the Town.
C. In the course of considering an application for renewed franchise, the
Council shall hold a public hearing, consistent with the provisions of 47 U.S.C.,
Section 626 as existing or as may from time to time be amended.
d. A franchise granted pursuant to this chapter shall not take effect
until the Applicant pays a grant fee to the Town. The grant fee shall be equal to
the Town's reasonable direct costs in the franchising process, less the application
filing fee received. The Town shall provide to the Grantee a statement summarizing
such costs prior to the execution of the franchise.
14. ACCEPTANCE
A franchise and its terms and conditions shall be accepted by a Grantee by
written instrument, in a form acceptable to the Town Attorney, and filed with the
Town Clerk within thirty (30) days after the granting of the franchise by the Town.
In its acceptance, the Grantee shall declare that it has carefully read the terms
-9-
and conditions of this ordinance and the franchise and accepts all of the terms and
conditions of this ordinance and the franchise and agrees to abide by same. In
accepting a franchise, a Grantee shall indicate that it has relied upon its own
investigation of all relevant facts, that it was not induced to accept the franchise
and that it accepts all reasonable risks relating to the interpretation to the
franchise.
15. FRANCHISE TERM
The term of a franchise shall be as specified in the franchise agreement,
but it shall not exceed fifteen (15) 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 Franchisee 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. With each payment required by this Section 902 the
Franchisee shall submit a written statement, signed and certified by the Franchisee
to be true and correct, showing for the immediately preceding calendar quarter the
amount of gross revenues, the amount of all revenues derived from the system and an
itemization of all permissible deductions therefrom to arrive at gross revenues.
The Franchisee shall also submit to the Town on or before the 30th day following the
end of each calendar year and following the expiration or termination of this
franchise a written statement, signed and certified by the Franchisee to be true and
correct, showing for the immediately preceding year or partial year, as applicable,
the amount of gross revenues, the amount of all revenues derived from the system and
an itemization of all permissible deductions therefrom to arrive at gross revenues.
The Town shall have the right on thirty (30) days notice to the Franchisee to demand
that the annual statement be certified to be true and correct and in compliance with
the requirements of this ordinance by both the Franchisee and an independent
certified public accountant in accordance with sound and accepted accounting
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practice. The statements referred to in this subsection shall be in such form and
style and contain such details and information as the Town shall reasonably
designate. The acceptance by the Town of payments or reports thereof shall be
without prejudice and shall not constitute a waiver of the Town's right to claim a
deficiency in the payment of franchise fees or to audit the Franchisee's books and
records, as hereinafter set forth.
C. Upon five (5) days prior written notice to the Franchisee, the Town
shall have the right to cause a complete audit to be made of the books and records
of the Franchisee with respect to the System. If the results of such audit show
that the Franchisee's statement of gross revenues for any period ending not more
than three (3) years prior to the commencement of the audit has been understated by
three percent (3%) or more, then the Franchisee shall pay the Town the cost of such
audit, any deficiency payment shown by such audit to be due and interest thereon at
the agreed rate. A report of the findings of the Town's accountant shall be binding
and conclusive upon the Franchisee and the Town.
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
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
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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
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
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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.
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
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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.
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
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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
action, proceeding or exercise of a right with respect to such penalty shall affect
any other right the Town may have.
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;
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3) Failure to begin or substantially complete any system
construction or system extension as set forth in the franchise;
4) Failure to provide 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.
b. The Franchisee shall have no liability to the Town, nor shall the Town
have the right to terminate or revoke this franchise or invoke penalties in
accordance with Section 19 of the Cable Ordinance as a result of any failure of the
Franchisee to perform, or delay by Franchisee in the performance of, its obligations
hereunder (other than to pay the franchise fee and other payments required by this
Agreement) if such failure or delay is caused by factors beyond the control of the
Franchisee, including without limitation, any flood or other Act of God, laws,
regulations, rules or orders of any governmental agency, sabotage, strikes, lockouts
or job actions, failure or delay in transportation or the unavailability of any
product or material necessary to the performance hereof; provided that Franchisee
has exercised all due care to prevent the occurrence of such events which are
reasonably foreseeable, including without limitation, actively pursuing alternative
products, materials and means of transportation. In the event that delay in
performance or failure to perform affects only part of Franchisee's capacity to
perform, then the Franchisee shall perform to the extent it is reasonably able to do
so. The Franchisee agrees that the excuse for nonperformance under this Section
shall last only so long as the act which excuses- performance under this Section
shall continue without interruption. In correcting any causes of nonperformance and
in effecting any partial performance, Franchisee shall take all necessary corrective
actions as expeditiously as possible.
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
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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. INSOLVENCY
The franchise granted hereunder may be terminated prior to its expiration
if the Town Council finds that Franchisee becomes insolvent, unable or unwilling to
pay its debts as they become due, files a petition for relief under any state or
federal bankruptcy, reorganization, insolvency or similar law (or any such petition
is filed against the Franchisee and is not dismissed without sixty (60) days), is
adjudged as bankrupt, assigns all or a substantial part of its assets for the
benefit of its creditors, all or part of Franchisee's facilities are sold under an
instrument to secure a debt, or a receiver is appointed with respect to all or a
substantial part of the Franchisee's assets or stock.
22. REMOVAL OF CABLE COMMUNICATIONS SYSTEM
In the event this franchise agreement expires, is revoked or otherwise
terminated, Franchisee 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, Franchisee 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 Franchisee's removal of its
equipment and appliances without affecting the electrical or telephone or other
utility lines, wires, pipes or attachments. -The-Town may 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
ordinance shall continue in full force and effect during the period of removal and
until full compliance by Franchisee with the terms and conditions of this paragraph
and this ordinance.
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i
In the event of a failure by Franchisee 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. The
Franchisee shall reimburse the Town the costs thereof within thirty (30) days after
receipt of an itemized list of such costs.
23. 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 Town 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
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
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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.
24. 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 the Franchisee
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 practices 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.
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
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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.
25. 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 property, maps, and 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.
26. FILINGS
The Franchisee shall 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.
27. SERVICE CALLS AND COMPLAINT 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. All employees of the Franchisee whose employment relates to the operation
or maintenance of the system shall be required to carry an identification card and
present same to any subscriber upon request when entering the premises of such
subscriber for the purpose of providing service or otherwise. The Franchisee shall
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provide the means to accept complaint calls twenty-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 which 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) What system component was tested.
3) The equipment used and procedures employed in testing.
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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. Where 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.
C. In the event that total service to any subscriber is interrupted for
twenty-four (24) or more consecutive hours, except in circumstances for which
advance consent to the interruption is obtained from the Town, the Franchisee shall
provide a one-thirtieth (1/30) pro rata rebate of the monthly fees to affected
subscribers upon the subscriber's request for each twenty-four (24) hour period, or
portion thereof, that service is interrupted.
For purposes of computing the time of interrupted total service, such
time shall begin when a complaint for interrupted service is received by the
Franchisee or when the Franchisee has actual or constructive notice of the
interruption.
28. 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.
29. LEASED ACCESS
The Franchisee shall make channels available for leased or commercial use
as specified in the franchise agreement consistent with Federal law.
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30. 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.
31. 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.
32. PROTECTION OF SUBSCRIBER PRIVACY
Franchisee shall protect the Town's privacy consistent with the provision
of 47 U.S.C. 631, as amended.
33. CONSTRUCTION AND INSTALLATION WORK
a. The Town shall have the right but not the obligation 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.
34. LOCATION OF STRUCTURES, LINES AND EQUIPMENT
a. The Franchisee shall utilize existing conduits and other facilities
whenever possible, and shall not construct or install any new, different or
additional 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 conduit, or
other facility by a Franchisee shall not create a vested interest, and such
structures, or facilities shall be removed, replaced, or modified by a Franchisee at
its own 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
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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 fixtures in any street or public way 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.
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
requirement is waived by the Town. Equipment shall not be stored on Town right-of-
way.
A preconstruction conference with the property owners will be
completed prior to commencing any underground construction, and the Town shall
assist and cooperate in such conferences if necessary. All soil, earth, sod or
improvements disturbed by the installation shall be replaced and restored to their
original condition. Patching of highways, roads and driveways will be completed in
accordance with the specifications promulgated by, and subject to inspection and
approval by, Town, County or State engineers, as appropriate.
35. REPLACEMENT OF PAVING
The Franchisee at its own cost and expense and in a manner approved by the
Town shall replace and restore all paving, sidewalks, 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 improved 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.
36. ALTERATION OF STREETS BY TOWN
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, wires, cables, underground conduits, and other facilities at its own
expense. If other utilities are compensated, Franchisee shall be entitled to the
same compensation.
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37. TRIMMING 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 of 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.
38. TEMPORARY MOVE 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.
39. REFUNDS AND SERVICE TERMINATIONS
a. A Franchisee shall establish and conform to the following policy
regarding refunds to subscribers and users:
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. Any converter security deposit collected by the
Franchisee shall be returned to the subscriber twenty-four (24) months after the
installation of such converter, or upon termination of service by the subscriber and
return of such converter undamaged with allowance for reasonable wear and tear and
payment of any outstanding balance due and payable, whichever occurs first. If and
when the Franchisee collects deposits from its subscribers, it shall pay interest on
any deposit required of the subscriber at the agreed rate in effect from time to
time minus two (2) percentage points. The Franchisee may elect to pay such interest
in the form of credits to subscriber accounts. 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;
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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.
40. SERVICE AREA
The Franchisee shall offer full cable television service to all areas of
the Town unless specifically authorized to serve 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
served 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
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.
41. CONTINUITY OF SERVICE
a. Where a Franchisee rebuilds, modifies, or sells its system, it shall
ensure that all subscribers receive continuous, uninterrupted service regardless of
the circumstances.
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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.
42. 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.
43. 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 in 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
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 report in writing
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.
44. THEFT OF SERVICES AND TAMPERING
a. No person, whether or not a subscriber of the cable television system
may 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 with or otherwise 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.
45. 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
pursuant thereto, 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.
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46. SEVERABILITY
If any provision, section, subsection, sentence, clause or phrase of this
Ordinance is for any 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.
INTRODUCED, READ AND APPROVED ON FIRST READING THIS 18th day of
July , 1989, and a public hearing shall be held on this Ordinance on
the 18th day of July , 1989 at 7:30 p.m. in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
Ordered published in full this 18th day of July 1989.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1989.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
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t r
ORDINANCE NO. 19
Series of 1989
AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE
TO HERITAGE CABLEVISION TO CONSTRUCT, RECONSTRUCT,
OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM WITHIN
THE TOWN OF VAIL PURSUANT TO AND SUBJECT TO THE PROVISIONS
OF ORDINANCE NO. 18, SERIES OF 1989.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
Section 1.
Pursuant to Ordinance No. 18, Series of 1989, the franchise agreement between
the Town of Vail, Colorado and Heritage Cablevision, attached hereto as Exhibit A,
and made a part hereof by reference, is hereby authorized and approved, and the Town
Manager is hereby authorized and directed to execute said franchise agreement on
behalf of the Town.
Section 2.
If any part, section, subsection, sentence, clause or phrase of this Ordinance
is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this Ordinance; and the Town Council hereby declares it
would have passed this Ordinance, and each part, section, subsection, sentence,
clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3.
The Town Council hereby finds, determines and declares that this Ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 4.
The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this Ordinance shall not affect any right which
has accrued, any duty imposed, any violation that occurred prior to the effective
date hereof, any prosecution commenced, nor any other action or proceedings as
commenced under or by virtue of the provision repealed or repealed and reenacted.
The repeal of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
S t
INTRODUCED, READ AND APPROVED ON FIRST READING this 18th day of July ,
1989, and a public hearing shall be held on this Ordinance on the 18th day of
Julv 1989, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ordered published in full this 18th day of July 1989.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 1989•
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
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~ r
HERITAGE CABLEVISION and TOWN OF VAIL
FRANCHISE AGREEMENT
TABLE OF CONTENTS
PARAGRAPH TITLE PAGE NO.
1. Grant of Franchise 1
2. Representations and Warranties of Heritage 2
3. Effective Date of Franchise; Effect upon Existing Franchise 2
4. Term 3
5. Franchise Non-Exclusive 3
6. Cable Television Ordinance Incorporated 4
7. Definitions 4
8. Service Area 5
9. System Design and Capacity 7
10. Right of Inspection 11
11. System Services 11
12. Access and Institutional Services 12
13. General Provisions 13
14. Subscriber Rights and Complaints 15
15. Privacy Policies 15
16. Franchise Renewal 15
17. Transfer of Ownership or Control 15
18. Police Powers 17
19. Franchise Fee 17
20. Rates and Charges 18
21. Insurance 19
22. Cooperation 19
HERITAGE CABLEVISION and TOWN OF VAIL
FRANCHISE AGREEMENT
TABLE OF CONTENTS (page 2)
PARAGRAPH TITLE PAGE NO.
23. Waiver 19
24. Cumulation of Remedies 19
25. Compliance with Federal, State, and Local Laws 19
26. Notices 20
27. Captions 20
28. Company shall Hold Town Harmless 20
29. Time is of the Essence 20
30. Construction of Agreement 20
31. No Joint Venture 21
32. Entire Agreement 21
33. Severability 21
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.
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, 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 as 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 Ordinance No. 18, Series of 1989, of the
Town of Vail 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 over, under, or upon 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.
D. Upon receipt of any notice to the effect that Heritage is required to
comply with laws or regulations inconsistent with the provisions of this franchise,
or upon a determination that any provision hereof is for any reason invalid, the
Town shall have the right to modify or amend any section or sections of this
franchise to such reasonable extent as may be necessary to carry out the full intent
and purpose of this franchise.
2. REPRESENTATIONS AND WARRANTIES OF HERITAGE
A. Heritage represents and warrants that it shall 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
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1 purposes and immediately upon the taking affect of this franchise agreement, the
prior franchise granted to Heritage or their predecessor in interest on September 3,
1974 by the passage of Ordinance No. 14 shall be superseded and have no further
force and effect; provided however, vested rights relating to billings and the
Town's rights to accrue and collect franchise fees shall not be affected thereby;
and provided, further, that any criminal proceedings commenced under or pursuant to
said 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,
including attorneys fees, 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, including
attorneys fees, in connection with the granting of the franchise including any
subsequent expenses due to delays or litigation pertaining to the grant of the
franchise. This fee shall be ten thousand dollars 10,000 and shall be in
addition to the franchise fee or any other payments required hereunder.
E. With its acceptance, Heritage shall also deliver any security deposit,
letter of credit, insurance certificates, performance bonds, and equipment grant
required herein.
4. TERM
The franchise granted hereunder shall be for a term of five (5) years from
August 15, 1989.
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
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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
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 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, digital
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.
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D. "Earth station" shall mean equipment used to receive signals from or
transmit signals to a communications satellite.
E. "Franchise grant ordinance" shall mean the ordinance granting a
franchise to a Grantee.
F. "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.
G. "Residential service" shall mean any service delivered by the cable
communications system principally to subscribers in their dwelling units.
H. "School" shall mean any duly accredited non-profit educational
institution, including primary and secondary schools, colleges and universities,
both public and private.
I. "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.
J. "Wire tapping" shall mean the unauthorized reception of a
communications signal.
K. "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 August 15, 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 August 15, 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 fifty percent (50%) 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
annual costs for thirty (30) homes per mile, it being understood that the costs for
underground not be the same.
Any contribution-in-aid of construction provided by a subscriber
pursuant to this Section shall be promptly refunded to such subscriber without
interest if, and at such time as, such subscriber's premises is served by system
distribution lines which pass at least forty (40) occupied dwelling units per linear
mile of cable plant; provided, however, that no such refund need be made if the date
on which such refund should be due is more than five (5) years from the date
Heritage initially provided service to such subscriber. At the time such
contribution-in-aid is accepted, Heritage shall notify, in writing, each such
subscriber from whom such contribution-in-aid is accepted that the amount paid by
the subscriber as contribution-in-aid is refundable under the terms and conditions
hereof. Heritage shall obtain acknowledgment, in writing, from each such subscriber
that the notification has been given, along with the address to which such
reimbursement shall be made. It shall be the responsibility of each subscriber to
keep Heritage informed, in writing, of the current address of the subscriber to
which reimbursement should be mailed, and Heritage will be deemed to be in
compliance with this section, by mailing, certified mail, return receipt requested,
the reimbursement to the subscriber at the last address furnished by the
subscriber. If such reimbursement is returned to Heritage as undeliverable, the
reimbursement shall belong to Heritage.
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.
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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 Exhibit 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 A attached hereto and made a part hereof.
B. Community Information Service
Heritage shall provide a community information service channel to be
used exclusively by the Town. Heritage shall provide to the Town, free of charge,
one (1) Texscan SG-EBN character generator with two (2) remote keyboards with a
minimum of fifty-eight (58) page memory and color graphics, and a video switching
capability to enable the playing of video tapes. 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 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 date this contract is executed.
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 one (1) more
specially designated access channel.
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D. Technical Standards
The minimum technical standards shall be the minimum standards set
forth by the Federal Communications Commission in their rules, as amended from time
to time, 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. Should the FCC
cease to preempt the Town's authority to set technical standards, the minimum
technical standards shall be as follows:
1) Heritage shall construct the system in accordance with the
technical specifications in Exhibit C and performance standards set forth herein
using materials of good and durable quality. All work involved in construction,
installation, maintenance and repair of the system shall be performed in a safe,
thorough and reliable manner.
2) The system shall be maintained in accordance with the highest
accepted standards of the industry to the end that the subscriber may receive the
highest and most desirable form of service.
a) The system shall be capable of passing the entire VHF and FM
spectrum, and it shall have the further capability of converting UHF for the
distribution to subscribers on the VHF band.
b) The system shall be capable of transmitting and passing the
entire spectrum of color television signals without material degradation of color,
fidelity and intelligence.
c) The system shall be designed and capable of twenty-four (24)
hours per day continuous operation.
d) The system shall be capable of and will produce a picture
upon any subscriber's standard production television screen in black and white or
color (provided the subscriber's television set is capable of producing a color
picture) that is undistorted and free from ghost images and accompanied by proper
sound, assuming the subscriber's television set is in good repair, and that the
television broadcast signal transmission is satisfactory. In any event, the picture
produced shall be as good as the state-of-the-art and the off-the-air signal
received permit.
e) The system shall transmit or distribute signals of adequate
strength to produce good pictures with good sound in all television receivers of all
subscribers without causing cross modulation in the cables or interference with
other electrical or electronic systems.
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f) Heritage shall not allow its cable or other operations to
interfere with the television reception of persons not served by Heritage, nor shall
the system interfere with, obstruct or hinder in any manner the operation of the
various utilities serving the residents of the Town.
g) Heritage shall continue, throughout the term of this
franchise, to maintain the technical standards and quality of service set forth in
this ordinance.
3) In addition to the FCC required annual proof of performance
testing, the Town may require periodic tests of the technical performance of the
system to enforce full compliance with the FCC's minimum technical specifications
and performance standards as set forth in Exhibit C attached to this ordinance. The
reasonable cost of said test shall be paid by Heritage. Heritage shall not be
responsible for the cost of testing which occurs more frequently than once a year.
4) The system shall be installed and maintained in such a manner so
as not to unreasonably interfere with police, fire and other licensed radio
communications, noncable television reception, lawful use of citizen band, ham
radios and other lawful communications media.
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 polling, 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.
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
-9-
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.
J. Technological Improvements to System
1) Heritage shall have a continuing obligation to improve and expand
the system consistent with changes and developments in the cable communications
industry, the public interest, prudent business judgment and reasonable economic
considerations.
2) In the event that either (i) Heritage, its parent companies or
affiliates have installed technological improvements in at least 25 percent of the
other cable television systems owned by Heritage, its parent companies or
affiliates, or (ii) at least 25 percent of the cable television franchisees or cable
television license or permit holders in cities in the State of Colorado with
populations in the range between 8,000 and 20,000 have cable television systems
which increase channel capacity or bidirectional capacity, provide improvements in
technical performance, provide for interconnection or provide other substantial
improvements over that provided to the Town in this franchise, then Heritage shall
make said improvements available to the Town system subscribers. Heritage shall
promptly notify the Town Manager of the occurrence of either such event.
3) If the Town Council determines that either of the events
described in Subsection 2 have occurred, then the Town Attorney shall send written
notice thereof to Heritage specifying (i) the particular improvements so required,
and (ii) the date by which such improvements shall be completed, which shall not be
unreasonable taking into account the estimated time actually necessary to install
such improvements.
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K. Emergency Override
Commencing January 1, 1990, the system shall include an "emergency
alert" capability which will permit the Mayor or the Mayor's designated
representative in the event of an emergency affecting the public health, safety or
welfare to interrupt signals distributed over the system by Heritage and override
the audio of all channels or allow for video crawl over all such channels, in either
case for the purpose of delivering messages necessitated by such emergency. The
Town Council in consultation with the Mayor and Heritage shall establish rules and
regulations governing the exercise of power by the Mayor pursuant to this Section.
10. RIGHT OF INSPECTION
The Town shall, at its own expense, have the right, but not the obligation,
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 determine 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
materially interfere with the provision of subscriber services. Any delays in
construction due to the inspection shall not be reason for default. The Town shall
also have the right, but not the obligation, 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
indicates that the system does not meet all required technical standards, Heritage
shall bear the expense for such testing.
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. However, Heritage agrees that it shall, at all times during the term
of the franchise, provide one (1) national public radio station to subscribers if
any national public radio signal reaches the Vail Valley or is available by
satellite.
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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
Further, Heritage shall contribute to the Town, for the purchase of
additional local programming production equipment, an amount not to exceed forty
thousand dollars ($40,000) per year for any two (2) years during the term of this
franchise for a total sum not to exceed eighty thousand dollars ($80,000). The
equipment to be purchased shall be specified in writing to Heritage by the Town.
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, and individuals at no cost 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-ofthe-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 TV
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
to utilize them; provided, however, that Heritage may deny the right to use such
facilities for commercial purposes.
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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 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 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
New cable shall be installed underground at Heritage's cost.
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.
A preconstruction conference with the property owners will be
completed prior to commencing any underground construction, and the Town shall
assist and cooperate in such conferences if necessary. All soil, earth, sod or
improvements disturbed by the installation shall be replaced and restored to their
original condition. Patching of highways, roads and driveways will be completed in
accordance with the specifications promulgated by, and subject to inspection and
approval by, Town, County or State engineers, as appropriate.
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
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adequate condition, and in good order and repair. Heritage shall, at all times,
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 or not 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 i.s 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 in 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 law.
17. TRANSFER OF OWNERSHIP OR CONTROL
A. The franchise granted herein is a privilege which is personal to
Heritage and to its parent company, TCI, Inc. Except as provided in subsection d.of
this Section, neither the franchise, this agreement, nor any rights or obligations
of Heritage pursuant to this agreement or in the system shall be assigned,
transferred, pledged, leased, sublet, or mortgaged in any manner, in whole or in
part, to any person, nor shall title thereto, either legal or equitable, or any
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right or interest therein, pass to or vest in any person, nor shall any change in
control or ownership in any twelve-month period of a least ten percent (10%) of the
total outstanding securities of Heritage or TCI, Inc. occur, either by acts of
Heritage or by TCI, Inc., by operation of law, or otherwise. Any such action
completed without the prior consent of the Town shall be null and void. The grant
or waiver of any one or more of such consents shall not render unnecessary any
subsequent consent or consents, nor shall the grant of any such consent constitute a
waiver of any other rights of the Town pursuant to this agreement.
B. Heritage shall promptly notify the Town of any proposed action
requiring the consent of the Town pursuant to subsection a, by submitting to the
Town Manager, with a copy to the Town Attorney, a petition requesting the approval
of the Town. The petition shall fully describe the proposed action and such
additional supporting information as the Town Manager or Town Attorney may require
in order to review or evaluate the proposed action. Upon review of the petition,
the Town Manager shall submit the petition to the Town Council together with a
recommendation for action on the petition.
C. After receipt of the petition for consent, the Town Council shall
schedule a public hearing on the petition. For the purpose of determining whether
it will grant its consent, the Town Council may inquire into: (i) the
qualifications of any proposed assignee, transferee, lessee, sublessee or person
acquiring the system in any manner, including without limitation, its legal,
financial and technical abilities, (ii) all matters relevant to whether such person
will adhere to applicable provisions of this agreement, (iii) all matters relevant
to the public interest in the transfer, and (iv) all other relevant matters.
Heritage shall provide all requested assistance to the Town in connection with such
inquiry and, as appropriate, shall secure the cooperation and assistance of all
persons involved in said action.
D. Notwithstanding the prohibition of subsection a of this Section 23:
1) Section 23 shall not prohibit; nor require prior approval with
respect to, any security interest or mortgage, solely for financial purposes
unrelated to a change of control of Heritage or TCI, Inc., provided that each such
security interest or mortgage shall be subject to the rights of the Town pursuant.to
this agreement or applicable law, and no sale or other disposition pursuant to any
such security interest or mortgage shall be permitted except upon consent of the
Town pursuant to paragraph (ii); and
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2) Section 23 shall not prohibit any transfer of which the Town was
notified in accordance with subsection b of this section and to which the Town has
given its written approval, expressed by ordinance passed by the Town Council.
E. In deciding whether to approve any proposed transfer under this
Section 23, the Town Council may consider any or all of the factors set forth in
subsection c of this Section 23, and whether the requirements of the franchise
should be upgraded in order to satisfy cable-related community needs, taking into
account the cost of satisfying such needs. The Town Council may condition its
approval of any such transfer upon a commitment to satisfy such cable-related
community needs, taking into account the cost thereof, and upon other appropriate
terms, to satisfy its legitimate concerns as to the factors identified in subsection
c of this Section.
18. 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
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.
19. 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 payable to the Town 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
-17-
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. The Town agrees that two percent (2%) of the annual gross revenues
paid to the,Town in accordance with this paragraph 19 shall be utilized for local
public access purposes.
20. RATES AND CHARGES
A. Initial Rates
Heritage initial rates and charges, contained in Exhibit D hereto
shall be applied fairly and uniformly to all subscribers in the Town.
B. Rate Regulation
1) 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.
2) Heritage and the Town hereby agree that, as of the effective date
of this agreement, the Town of Vail is a market which is not subject to effective
competition as defined by FCC regulations promulgated in furtherance of Section
623(b) of Cable Communications Policy Act of 1984 (the Act). Consequently, Heritage
and the Town agree that the Town shall have the right to regulate the rates charged
subscribers for basic cable served pursuant to Section 623(b) of the Act.
-18-
21. 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.
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
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
-19-
shall indemnify the Town against any loss, liability, or damage occasioned by reason
of its violation of this Section. Heritage shall maintain and install its wires,
cables, fixtures, and other equipment in compliance with all applicable federal,
state, and local law, and in such a manner so as not to interfere with any
installation of the Town's other cable franchises or utilities.
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.
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. 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.
30. 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.
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31. 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
either party act toward third persons or the public in any manner which would
indicate any such relationship with the other.
32. ENTIRE AGREEMENT
This agreement, 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.
33. 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 CABLEVISION
By: By:
Rondall V. Phillips, Town Manager Kevin L. Rice, Vice President/Operations
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CHANNEL LINEUP—
VAIL, AVON, MINTURN, EAGLE-VAIL, EDWARDS, SINGLE TREE,
HOMESTEAD, LAKECREEK, ARROWHEAD
Channel
18 CNN Be the first to know, with a look at the day's top stories as they
2 KWGN Independent/ Denver, Colorado Headline News happen. CNN Headline News gives you the latest news in a flash,
3 CBN Get TV the way it used to be, with classic series, westerns and with concise, 30-minute segments.
comedy from the good old days. Plus, original programming that 19 C•SPAN I Meet the movers and shakers on Capitol Hill with live coverage of
supports your family values. (The Movie Channel in Beaver Creek the House of (Representatives, in action. Plus, several s ecial
only) features and in-depth Washington reports every day. p
4 KCNC NBC Affiliate/ Denver, Colorado 20 lifetime Get shows aimed at your interests. From exercise programs that
5 TBS Atlanta's Superstation shows you things you've never seen before. keep you fit, to news on nutrition and tips that help organize your
Like documentaries from around the world, classic "now in color" day. Especially for women!
movies, great sit-corns, news and the best of the Braves. 21 WGN The curtain never closes on WGN's fantastic lineup of movie
6 KRMA PBS Affiliate/Denver, Colorado
7 KMGH CBS Affiliate/ Denver, Colorado presentations, timeless favorites, quality children's programming
S FNN Financial News Network - Hear straight talk on national and and exclusive Chicago sports coverage.
international money matters from financial experts. Plus, get 22 A & E See Broadway hits and big time bands, stunning operas and
continuous NYSE and AMEX ticker reports from Wall Street, smashing musicals. It's symphonies and slap-stick, movies and
Weekdays. mini-series, all on Arts & Entertainment. I
PSM Prime Sports Network. Local, regional and national 23 C•SPANid Public Access
sports. Evenings and weekends. Share in the decision-making process of Congress with an
educational view of the U.S. Senate, live. It's democrac in action!
9 KUSA ABC Affiliate/ Denver, Colorado y
4J 10 ESPN ESPN is your season ticket to 'round-the-clock sports action you 24 TNN The Nashville Network - Pull up a chair for a look at your favorite
~Q won't find anywhere else. Like exclusive NFL Football, champion- country artists in concerts and country's brightest specials. Plus,
ship tennis, NHL Hockey and top-flight golf tournaments. plenty of variety, game shows and outdoor sports features.
w 11 CNN Cable News Network - Get a close-up view of today's newsmak 25 HBO HBO brings the big events home to you. Grab front row seats to
ers, with 24-hour coverage of national and international news, electrifying concerts, exclusive made-for-cable movies, and the
health, sports and weather. It's news that's there when you're blockbuster films you want to see.
26 CINEMAX Cinemax is different. And it's the perfect complement to HBO, with
ready to watch it.
12 LOCAL The visitor's guide to the Vail Valley, in season only (hours outrageous comedy specials, fabulous film festivals, and great
subject to change). movies from here and abroad.
13 K LITE Local weather, news and information with K Lite as back 27 DISNEY Share the magic of Disney with your entire family. Get together for
ground music. classic Disney animation, some brand new surprises, exotic
14 USA Bring the whole family together for exciting series and specials. wildlife and learning they'll like. (89.3 FM on your stereo)
You'll see imaginative children's shows, prime-time adventures 28 SNOWTIME Show yourself a good time... with Showtime! It's packed with box-
and brand new episodes of some old favorites. office hits and Broadway smashes. Bright new shows for children
15 MTV See the music you love to hear, with MTV It's one-of-a-kind and innovative series that'll win you over.
concerts and music industry features. The hottest performers and 29 The Movie If you like movies, you'll love the non-stop lineup of blockbusters
the newest videos. (88.5 FM on your stereo) Channel on The Movie Channel. With film festivals and double features,
16 NICK Nickelodeon is packed with quality children's shows, endorsed by dazzling celebrations and closet classics. (88.9 FM on your stereo)
the NEA and PTA. With imaginative, fun-filled adventures during 30 Discovery Expand your horizons with programs devoted to science, technol-
the day and vintage family favorites on Nick at Nite! ogy, nature and human adventure. Fascinating features that will
17 CVN Cable Value Network, home shopping (hours subject to change). teach your children and captivate you.
AMC American Movie Classics - They don't make 'em like this 31 TWC The Weather Channel - Get the inside story on what's happening
anymore! Pull up a chair for a look at Hollywood's best films and outside. Keep an eye on the climate with local, regional and
brightest stars, with a different theme every night. Evenings and national weather reports. Plus, severe weather warnings when
needed.
Weekends. 32 KREG CBS Affiliate/Glenwood Springs, Colorado (3)
Exhibit B
• o _
EQUIPMENT INVENTORY
AUGUST 1909
Prepared by Brian Hall
STUDIO
2 Sony WOO camoras
101waev 4-74W09 4..: :Mil..>tJil 1I' :1. l..1 t)ll
4-7222-1 :''a li: i.)11 t, .1.. ...l ...l '~.w....:I l°. '..i
.2 DR._. •.11.4, .:ml.l., ~..~(:`Jadist'v__
TwarD Century 6"
14" ...I;
CONTROL ROOM
Sony CAA-7"Li
2 Sony 1800 ccu,z
1. ! . I y I l:! 2000 ...a 1,^l C:: , e
VP-2
L.vl_i~.I"':tC~'(:.i:ei- tae::ii!;:,r...cA'1.oi
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• i.,!..r l.J'!_.:. l?c'? Time L:'.!._l_: L.i_!r'1^,r.(::'1:i?I''.., I 12'_>'
Wny 5000
440 Emit Cuntrollar
. J. 3VO 8406 1/2" Edit VGR
.L 3W 1' 6400 1/2" V I"".
JVC 5100 Player VCR
1 .-.(.1'.. Video Patch Panel (7 live sets of jacps)
ADC t • . . . . . 1 l) Patch Panel (8 .1 1. sets of jacks)
Al.)i.., Video Patch Cord:.16 ADC Audio Patch Corw.,;,
W''.
1 WAS 2PEK Audio DA
' H.L !...aV .(i 1. VM D/ W Mi::)L.i 7. w"`:
1 Sony 1910 culaz Monitor
1'L'i..ai: I".1 V-099 Wa'Jiz?fC:il'"I'il Monitor-
1 ' 3:L l'. di:.ni Vt''C;.1.i:)P°:?.i_:(.]pa VlJ-20
0
EQUIPMENT INVENTORY
AUGUST 1908
REMOTE EQUIPMENT
Ar"y 4060 7z4"
Ion, V CL-1110y
Sony W-50 cattarie~:~;
1 2uny AC Power Unit
r..:-ti.t..:?.:::.°il'":l.C. !505000 L!.Ia.1.. l
i;al::.:._+il.!. .
1 I' : ! WV-2050 1.._eal°t !a K i t
.I. i"aI": ..:4.':.•:11.1. c i°1!:.!6•' 1_ili 1/2" I•:.I 1"•. e::'1.., !_ii
i Panasonic AGB640 AC Power Unit
!....al ..a'r.:+...11"1.l .c t°..._
S 1 SP -2W I'.::.~j:'.'t:.ii'i.'Le:.:::.
t
i" ! i.l r• C3400 :::11.., l.. L.i ._i,
! I I ! TL Tripod
TTE H12 Fluid Mead
AUDIO
I I!:_i-il..: M-10 0 Audio l t.L r:::I,.
L ...1 t L.. 1.. l.: Tl.!. i,' 1"'I C:.:;?. C:i r:c•
yumana R-500 Stereo RnceivRr
1 TEAC 124 Cassette Deck
3% 4401 Speaker,:--.,
x: C:!..I-10 ava.,. liTG!`• I` .!.!_r+"?(.ifli`iil+i:lt5
`"lJn,/ i'I•I'I .-!l_!t'E L...:rlv%!J.i.ar I'•I].1....-l:.:I.!n!Jnt"•a
Sony y M J _'FEW avr.•s l1..._. Microphones
t:: 1, P;•t 't: "-o .'C.).1. C',: !ri''•'`.iA Mi {.:f'°.. p li.'i{l+i'r n
a ei II'lfIei:':!. ner ME-Bo Directional M:i e:rop171::1ns
I vl' t_1 phr_,n r c:. Floor Stand I. Microphone Ci:: •°ii k C:7 !_..:ti i1 l.:l
Disc_renancies with Inventory o'f Aori1 1937.
i Sl.:ill v' 50 00 Player VCR: ! ::d k::_1...1 to i:i}1`.. :L tal:,l l::: h+.::..: dei li:'1 W,
Avon to t]c"I('."IC.' up {-Ir-3'cal.!i• nd %1+:-•[•ar'.,
1 I'`i :I. C;. I'.. t.../ (':)1...: i")1"1 tM Floor Stand: l:i+''. • l . i., l'.i i ..ll... !::S'v'1 e:? i 1:.1 .i::' :I. ;"1 irrl
1 1 111 +.'I'°i'7f.JP'1C:il' e Dewy `.:1'i::?1n6: 6ol .Li:=:''•%•" n lii.:ir"r"i::14:!:1!::!,, I::JI:'.:nt ..:I
located.
, ..l.L•1 DADC 'ti':!.l.Ial..i t:~.l. Corns missing, trying to ):._a._.'':;•,.
~n Per ,..:di Caulderon, who did 07' Inventory.,
i t 1 - 1:1i-'60 Battery no longer worked-thrown cut.
1.ln! / active video jacks were actually purchased, not
74 AUC-Sj2000 N75 Vid*o Jacks.
,!1 1_,Jl~i.i.•V (';1 :'i~C:.~.~,v~' Jacks were ~;.C:i.l_l<~4.1.~.v ~)11Y-(_I°•IC+.''i r I IrJ i_ -
Audio t.+.i-1~:°a __,1~~Cj
n r,l+r ..._i''•1• Il(_lno ,I,':ai:`r•':?i
Y:DG&5 GORP DENT 5-22-89 3:01PM ?n
38927400 1522U0d5GC~2i~.'s::~'.:':'• '
Exhibit C
SYSTEM STANDARDS AND SPECIFICATIONS
The following System Standards and specifications paraphrase
Section 76 Subpart K of the Rules of the Federal Communications
Commission. As such# it is the intent of the parties to this
Franchise Agreement to interpret the following in conformance
with the enforcement policies of the FCC on the date of this
Franchise Agreement,
system design specifications:
A. The System will be designed and electronic eqaipmont
selected.
The performance of these will be equal to or better :ncn
the followings
1. Visual carrier frequency 1,25 MHz + 25 kHz above
lowor boundary of channel, if no converter iz used,
and + 250 kHz if converter is used,
2. Aural carrier frequency, 4,5 MHz + 1 kNz above
visual carrier frequency,
3, Visual signal level across•a terminating impedance
matching the internal impedance of the cable syatem
as viewed from the subscriber terminals shall no'..
be less than the following appropriate value:
Internal Impedance Visual Signal Level
75 ohms 1 millivolt-
300 ohms 2 millivolts
4. visual signal level on each channel shall not a,ar
more than 12 decibels within any 24 hour period aaecl
shall be maintained within:
Y:DO&S CORP DEPT 5-22-89 ; 3:02PM 38927400-~15220O85Cvu294?y`c',;;;s
a. 3 decibels of the visual signal level of a.y
visual carrier within 6 MHz nominal frequency
separations- and
b. la decibels of the visual signal level on any
other channelo and
-Co A maximum level such that signal degradation
due to overload in the subscribers receivar
does not occur.,
So Aural signal rms voltage shall be maintained
between 13 and 17 decibels below associated viEUsd.
signal level.
6. visual signal level peak variation caused by
undesired low frequency disturbances (hum or
repetitive transient)'generated within the system,
or by inadequate low frequency response, shall not
exceed 5 percent of the visual signal level.
99 Channel frequency response shall be within a range
of +2" decibels for all frequencies within 0,75 h-H-z:
and +5 MHz ',.of visual frequency above lower
boundary frequency of cable channel...
8. For Grade B signals, ratio of visual signal level
to system noise and of visual signal levels to any
undesired co-channel television signal operating on
proper offset assignment shall not be lose than 35
decibels. This requirement is applicable to each
signal which ~s delivered by a cable television
aystem to subscribers within the predicted Grads B
Y:00&3 CORP DEPT 5-22°89 ; 3:03PM 38927400-+15'[20085000254~92'.;~~a t
contour for that signal, or each signal which is
first picked up within its predicted Grade B
Contour.
9. Ratio Of visual signal level to the rms.amplituda
of any coherent disturbances shall not be less thI
46 decibels.
10. Terminal isolation provided each subscriber shale
not be lees than 18 decibels, but in any event
shall be sufficient to prevent reflections caused
by open circuited or short circuited subscriber
terminals from producing visible picture impairment
at any other subscriber terminal.
11. System radiation from a cable television system
shall be limited as followss
Radiation Limit. Distance
Frequencies (microvolts/meter) (feat)
Up to
including 54 M 15 100
From 54-216 Biz 20 10
Over 216 MHz 15 100
12. 5-30 MHz Return (upstream).
A. With the total system in operation anVI*F1 ingress
test will be made to ensure that the'carrier to
noise signals (C/N) will be better than 30 db and
cross modulation of less than ®30db.
B. All construction practices and procedures will
comply with national, state, and local codes and
° operating standards.
~Y:0G&5 CORP DEPT 5-22°99 ; 3:03PM G39927400~1522008500025a?~~i`~'t P
co All highway/railroad crossings clearance will
comply with the national, state, and local code,:;
and operating standards,
D, System design, strand, and electronic maps w?13. bo
in accordance with the National Cable Television
Association Standard 003®0668 as revised,
E. Operating temperature range of the system will be
between ®40 to +140 F.
F. Technical standards will be in accordance with:
not limited to, the gollowings
10 Federal Communications Rules Part 76 au
amended, cable Television service and
specifically, subpart K Technical standards,
2. Paragraph 76,60 Performance Tests
Paragraph 76,605'Tachnical Standards
Paragraph 76,609 Measurements
Paragraph 76.610 Operation in the frequency
bands 108136 and 225®400 MHz
Paragraph 76,611 Operation near certain
aeronautical and marine emergency frequencies
Paragraph 76.613 Interference from a cable
systems provided, however, that there shovbd
be continual monitoring for interference
from a cable television system. Any inter-
ference or suspected interference will be
investigated and corrected immediately upon
' . i it aY~~
F,:DG&3 CORP DEPT 5-22-89 ; 3:04PM"~89274G0-~1522Gu85~0u't5r.;~2',;•':.r t
discovery and notification. DocuX~entation
of any.interference and corrective action
taken will become part of the record maintuaYE'
for the FCC,
Paragraph 760617 Responsibility for receiver--
generated interference
Paragraph 78 Cable Television Relay Service:
ORDINANCE NO. 20
Series of 1989
AN ORDINANCE CONCERNING THE ISSUANCE OF LOCAL
IMPROVEMENT BONDS OF THE TOWN OF VAIL,
COLORADO FOR THE BOOTH CREEK LOCAL
IMPROVEMENT DISTRICT; RATIFYING ACTION
HERETOFORE TAKEN IN CONNECTION THEREWITH;
PRESCRIBING DETAILS IN CONNECTION WITH SAID
BONDS AND DISTRICT; PRESCRIBING DUTIES OF
CERTAIN TOWN OFFICIALS IN CONNECTION
THEREWITH; REPEALING ALL ORDINANCES AND OTHER
ACTION OF THE TOWN TO THE EXTENT INCONSISTENT
HEREWITH; AND PROVIDING OTHER MATTERS
RELATING THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County
of Eagle and State of Colorado, is a municipal corporation duly
organized and existing as a home-rule town under Article XX of
the State Constitution and the Charter of the Town (the
"Charter"); and
WHEREAS, pursuant to the Charter and the Town's Code of
Ordinances (the "Vail Code"), the Town Council (the "Council")
has by ordinance created within the corporate limits of the Town
a local improvement district known and designated as the Town of
Vail, Colorado Booth Creek Local Improvement District (the
"District"), for the purpose of making certain local and special
improvements to mitigate rockfall damage (the "Improvements"),
and has determined to assess a portion of the cost thereof to the
parcels of property in the District specially benefited thereby;
and
WHEREAS, the Town has duly advertised for bids for such
Improvements based on estimates provided to the Council and has
entered into a construction contract for the construction and
installation of the Improvements; and
WHEREAS, in recognition of the general benefits
conferred by the Improvements, the Council has determined to
contribute $20,000 from funds of the Town to the total estimated
-1-
cost of constructing and installing the Improvements, has
determined to assess the remaining costs against parcels of
property in the District (the "assessments") in an aggregate
amount not to exceed $366,756 (except as otherwise permitted by
the Charter and the Vail Code) in recognition of special benefits
conferred on owners of parcels of property in the District, and
has determined that local improvement bonds of the Town shall be
issued payable from such assessments.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
Section 1. Issuance of Bonds Authorized. The Town and
its officers have determined and do hereby determine that it is
necessary and for the best interest. of the Town and the
inhabitants thereof that, pursuant to the Charter and the Vail
Code, the Town issue and sell bonds of the Town of Vail, Colorado
Booth Creek Local Improvement District in the aggregate principal
amount of $365,000 (the "bonds") at a price of $ plus
accrued interest, for the purpose of paying the costs of
constructing and otherwise acquiring the Improvements and all
proper incidental expenses (including, without limitation,
capitalized interest on the bonds).
Section 2. Sale of Bonds. The Town has determined to
accept the offer of to purchase all of
the bonds for a price of $ plus accrued interest.
Section 3. Approval of Estimates. The bonds are
herein authorized to be, and they shall be, issued based upon the
contract price for the Improvements and upon estimates of the
Town Manager, all of which hereby are approved by the Council.
Section 4. Completion of Improvements. The Town
covenants that the Improvements will be constructed and completed
with due diligence and in a timely manner.
Section 5. Bond Details. For the purpose of paying
the costs of the improvements, including all proper incidental
expenses, there shall be issued in the name of the Town bonds
designated "Town of Vail, Colorado Booth Creek Local Improvement
-2-
District, Local Improvement Bonds, Series 1989," in the aggregate
principal amount of $365,000. The bonds shall be issuable in
fully registered form (i.e., registered as to payment of both
principal and interest) payable to the registered owner thereof,
in the denomination of $5,000 each, shall be dated as of
August 15, 1989, shall be numbered consecutively in regular
numerical order from 1 through 73, inclusive, shall mature on
April 1, 1999, and shall bear interest from the date of the bonds
until maturity (unless redeemed prior to maturity) at the
interest rates herein set forth.
The following numbered bonds in the aggregate principal
amounts indicated shall bear interest at the following rates per
annum:
Bonds
Numbered Aggregate Principal Interest
(Inclusive) Amount Rates
1 to 7 $35,000
8 to 12 25,000
13 to 17 25,000
18 to 23 30,000
24 to 30 35,000
31 to 37 35,000
38 to 45 40,000
46 to 54 45,000
55 to 63 45,000
64 to 73 50,000
Bonds which are reissued upon transfer or other
replacement shall bear interest from the most recent interest
payment date to which interest has been paid or duly provided for
or, if no interest has been paid, from the date of the bonds,
such interest being payable to the registered owners of the bonds
on April 1, 1990, and semiannually thereafter on April 1 and
October 1 of each year. The principal of the bonds is payable to
the registered owner thereof as shown on the registration books
of the Town kept by , in , Colorado,
or its successor (the "registrar"), upon presentation and
surrender at the office of , in ,
-3-
Colorado, or its successor (the "paying agent"). If, upon
presentation of any bond at maturity, payment is not made as
therein provided, interest thereon shall continue at the same
rate per annum previously borne by the bond, until the principal
thereof is paid in full.
Payment of interest on any bond shall be made to the
registered owner thereof by check or draft mailed by the paying
agent on or before each interest payment date (or, if such
interest payment date is riot a business day, on or before the
next succeeding business day), to the registered owner thereof at
his address as shown on the registration books kept by the
registrar at the close of business on the fifteenth day (whether
or not a business day) of the calendar month preceding the
interest payment date; but any such interest not so timely paid
shall cease to be payable to the person who is the registered
owner thereof at the close of business on such day and shall be
payable to the person who is the registered owner thereof at the
close of business on a special record date for the payment of any
such defaulted interest. Such special record date shall be fixed
by the registrar whenever moneys become available for payment of
the defaulted interest, and notice of the special record date
shall be given to the registered owners of the bonds not less
than ten days prior thereto by first-class mail to each such
registered owner as shown on the registration books on a date
selected by the registrar, stating the date of the special record
date and the date fixed for the payment of such defaulted
interest. The paying agent may make payments of interest by such
alternative means as may be mutually agreed to between the owner
of any bond and the paying agent. All such payments shall be
made in lawful money of the United States of America without
deduction for the services of the paying agent or registrar.
Section 6. Prior Redemption. All of the bonds shall
be subject to redemption prior to maturity at the option of the
Town in regular numerical order on any bond interest payment
date, at a price equal to the principal amount thereof plus
-4-
accrued interest to the redemption date. Whenever there are
available moneys (other than amounts deposited therein as accrued
and capitalized interest) in the "Town of Vail, Colorado Booth
Creek Local Improvement District, 1989 Bond Retirement Fund" (the
"Bond Fund") which is hereby created, in excess of the amount
required to pay interest on the bonds then outstanding on the
next interest payment date, the Town shall exercise its option to
redeem on the next practicable interest payment date a suitable
number of bonds outstanding.
Nothing herein shall preclude the Town from refunding
all or a portion of the bonds or from exercising its right to
redeem bonds prior to maturity from any available source of
funds.
Notice of prior redemption shall be given by the paying
agent in the name of the Town by sending a copy thereof by
certified or registered first class mail, postage prepaid, to the
registered owner of each bond designated for redemption at his
address as it appears on the registration books as of the close
of business on the day preceding the mailing of such notice.
Such notice shall specify the number or numbers of the bonds to
be so redeemed and the date fixed for redemption, and shall
further state that on such date there will be due and payable
upon each bond so to be redeemed at the office of the paying
agent the principal amount thereof plus accrued interest to the
redemption date, and that from and after such date interest shall
cease to accrue. Notice having been given in the manner
hereinabove provided, the bond or bonds so called shall become
due and payable on the date so designated, and upon presentation
thereof at the paying agent, the Town will pay the bond or bonds
so called. Failure to give notice by mailing or any defect in
such notice shall not affect the validity of the proceedings for
the redemption of any other bonds. Any notice mailed as herein
provided shall be conclusively presumed to have been given,
whether or not received. Any bonds redeemed prior to maturity
shall be cancelled by the Paying Agent.
e5~
r
Section 7. Registration and Transfer. The Town shall
cause to be kept at the principal office of the registrar books
for the registration and transfer of bonds. Upon surrender for
transfer of any bond at the principal office of the registrar,
fully endorsed for transfer or accompanied by an assignment duly
executed by the registered owner or his attorney duly authorized
in writing, the registrar shall authenticate and deliver in the
name of the transferee a new bond bearing the same number as the
bond being surrendered. All bonds issued upon any transfer shall
be the valid obligations of the Town evidencing the same
obligation and entitled to the same security and benefits under
this ordinance as the bonds surrendered upon such transfer. The
registrar shall require the payment by the owner of any bond
requesting transfer of any tax or other governmental charge
required to be paid with respect to such transfer, and the
registrar may further impose a reasonable service charge for any
transfer of bonds.
The registrar shall not be required to transfer any
bond during a period beginning at the opening of business 15 days
before the day of mailing by the registrar of a notice of prior
redemption of bonds and ending at the close of business on the
day of such mailing, nor, with respect to a particular bond after
the publication or the mailing of notice calling such bond for
prior redemption.
As to any bond, whether or not such bond be overdue,
the person in whose name the same shall be registered shall be
deemed and regarded as the absolute owner thereof for the purpose
of making payments thereof and for all other purposes (except to
the extent otherwise provided in Section 5 hereof) and neither
the Town, the registrar, the paying agent nor any other agent of
the Town shall be affected by any notice to the contrary. Except
as otherwise provided in Section 5 hereof, payment of either
principal or interest on any bond shall be made only to or upon
the written order of the registered owner thereof or his legal
representative, but such registration may be changed as
hereinabove provided. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such bond
to the extent of the sum or sums paid.
If any bond shall be lost, stolen, destroyed or
mutilated, the registrar shall, upon receipt of such evidence,
information or indemnity relating thereto as it or the Town may
reasonably require, and upon payment of all expenses in
connection therewith, authenticate and deliver a replacement bond
bearing the same number as the lost, stolen, destroyed or
mutilated bond. If such lost, stolen, destroyed or mutilated
bond shall have matured or shall have been called for redemption,
the registrar may direct that such bond be paid by the paying
agent in lieu of replacement.
All bonds surrendered for redemption, payment or
transfer, if surrendered to the paying agent, shall be cancelled
by the paying agent, and, if surrendered to any person other than
the paying agent, shall be delivered to the paying agent for
cancellation.
Section 8. Negotiability. Subject to the registration
provisions of this ordinance, the bonds shall be fully negotiable
and shall have all the qualities of negotiable paper, subject to
the registration and payment provisions stated herein, and the
owner or owners thereof shall possess all rights enjoyed by
holders of negotiable instruments under the provisions of the
"Uniform Commercial Code ° Investment Securities."
Section 9. Execution and Authentication. The bonds
shall be executed in the name of the Town with the facsimile
signature of the Mayor, shall bear the facsimile seal of the
Town, shall be attested by the facsimile signature of the Town
Clerk, and shall be authenticated by the manual signature of a
duly authorized officer of the registrar. The bonds bearing the
signatures of the officers in office at the time of the
authorization thereof shall be the valid and binding obligations
of the Town (subject to the requirement of authentication by the
registrar), notwithstanding that any or all of the persons whose
-7-
signatures appear thereon shall have ceased to fill their
respective offices. Pursuant to the Uniform Facsimile Signature
of Public Officials Act, part 1 of article 55 of title 11,
Colorado Revised Statutes, the Mayor and Town Clerk shall prior
to delivery of the bonds file with the Secretary of State of
Colorado their manual signatures certified by them under oath.
No bond shall be valid or obligatory for any purpose
unless the certificate of authentication, substantially in the
form hereinbelow provided, has been duly executed by the
registrar. The registrar's certificate of authentication shall
be deemed to have been executed by it if manually signed by an
authorized officer or employee of the registrar, but it shall not
be necessary that the same officer or employee sign the
certificate of authentication on all of the bonds issued
hereunder. By authenticating any of the bonds delivered pursuant
to this ordinance, the registrar shall be deemed to have assented
to all of the provisions of this ordinance.
Section 10. Payment of Bonds. The bonds authorized by
this ordinance and the interest thereon shall be payable (except
as provided in Section 11 hereof) solely from moneys in the Bond
Fund, consisting only of moneys collected (principal, interest
and penalties, if any) from the assessments to be levied to pay
for the Improvements (except to the extent that such moneys are
payable to the Town as a reimbursement pursuant to Section 11
hereof) ; provided that any proceeds from the sale of the bonds,
other than such proceeds deposited in the Bond Fund to be used to
pay interest on the bonds, remaining after the payment of all the
costs and expenses of making the Improvements shall be deposited
in the Bond Fund and used for bond redemption. Any assessments
in the Bond Fund remaining after the bonds, both principal and
interest, are paid in full (and after any reimbursement due the
Town), shall to the extent required by the Charter be deposited
in the Town's surplus and deficiency fund created pursuant to
Section 10.8 of the Charter. Immediately upon the collection of
any assessments (including interest and any penalties thereon),
-8-
the moneys therefrom shall be deposited in the Bond Fund (except
to the extent that such moneys are payable to the Town as a
reimbursement pursuant to Section 11 hereof), and said fund is
and will continue to be irrevocably and exclusively pledged for
the payment of the principal of and the interest on the bonds.
Section 11. Surplus and Deficiency Fund; Town Payment
of Bonds and Reimbursement. Pursuant to Section 10.8 of the
Charter, whenever there is a deficiency in the Bond Fund to make
the payment of principal and interest on the outstanding bonds
when due, such deficiency shall be paid out of the Town's surplus
and deficiency fund created pursuant to Section 10.8 of the
Charter. Further, whenever three-fourths of the bonds have been
paid and cancelled and for any reason the remaining assessments
are not paid in time to take up the remaining bonds and the
interest due thereon, and there is not sufficient money in the
Town's surplus and deficiency fund, then the Town shall pay the
bonds when due and interest thereon, and reimburse itself by
collecting the unpaid assessments due the District.
Section 12. Bonds Not a Debt of Town. The bonds shall
not be a debt of the Town, and the Town shall not be liable
thereon, nor shall it thereby pledge its full faith and credit
for their payment, nor shall the bonds be payable out of any
funds other than the special assessments and other moneys pledged
to the payment thereof, as herein provided. The payment of bonds
is not secured by an encumbrance, mortgage or other pledge of
property of the Town except for such special assessments. No
property of the Town, subject to said exception, shall be liable
to be forfeited or taken in payment of the bonds.
Section 13. Form of Bonds. The bonds and the
registrar's certificate of authentication shall be in
substantially the following forms, with such omissions,
insertions, endorsements and variations as to any recitals of
fact or other provisions as may be required by the circumstances,
be required or permitted by this ordinance or be consistent with
this ordinance and necessary or appropriate to conform to the
eke
rules and requirements of any governmental authority or any usage
or requirement of law with respect thereto, and provided that any
of the text on the face of the bonds may, with appropriate
reference, be printed on the back of the bonds:
-10-
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF COLORADO COUNTY OF EAGLE
TOWN OF VAIL, COLORADO
BOOTH CREEK LOCAL IMPROVEMENT DISTRICT
LOCAL IMPROVEMENT BONDS
SERIES 1989
NO. CUSIP
Interest Rate Maturity Date Dated as of Number
% April 1, 1999 August 15, 1989
REGISTERED OWNER:
PRINCIPAL AMOUNT: $5,000
The Town of Vail (the "Town") in the County of Eagle
and State of Colorado, a municipal corporation duly organized and
existing, for value received, hereby promises to pay to the
Registered Owner identified above, or registered assigns, upon
presentation and surrender hereof at the principal office of
. in , Colorado (the "Paying Agent"),
the Principal Amount identified above on the Maturity Date
identified above (subject to the right of prior redemption
hereinbelow mentioned), and to pay interest on the Principal
Amount from the most recent interest payment date to which
interest has been paid or duly provided for or, if no interest
has been paid, from the date of this Bond, at the Interest Rate
per annum identified above, payable on April 1, 1990 and semi-
annually thereafter on April 1 and October 1 of each year, until
payment of the Principal Amount hereof has been made. Interest
on this Bond will be paid on or before each interest payment date
(or, if such interest payment date is not a business day, on or
before the next succeeding business day) to the registered owner
of this Bond by check or draft mailed to such registered owner at
-1.1-
the address appearing on the registration books kept for that
purpose at the office of in ,
Colorado, as Registrar, at the close of business on the fifteenth
day (whether or not a business day) of the calendar month
preceding the interest payment date (the "Regular Record Date").
Any such interest not so timely paid shall cease to be payable to
the person who is the registered owner hereof at the close of
business on the Regular Record Date and shall be payable to the
person who is the registered owner hereof at the close of
business on a Special Record Date for the payment of any
defaulted interest. Such Special Record Date shall be fixed by
the Registrar whenever moneys become available for payment of the
defaulted interest, and notice of the Special Record Date shall
be given to the registered owners of the Bonds of the series of
which this is one not less than ten days prior thereto.
Alternative means of payment of interest may be used if mutually
agreed to between the owner of any Bond and the Paying Agent, as
provided in the ordinance authorizing the issuance of the Bonds
(the "Bond Ordinance"). The principal of and interest on this
Bond are payable in lawful money of the United States of America,
without deduction for the services of the Paying Agent or
Registrar. If upon presentation and surrender of this Bond to
the Paying Agent at maturity payment of this Bond is not made as
herein provided, interest hereon shall continue at the Interest
Rate identified above until. the Principal Amount hereof is paid
in full.
This Bond is one of a series subject to prior
redemption in regular numerical order by and at the option of the
Town of Vail, on any interest payment date, at a price equal to
the principal amount thereof with accrued interest to the
redemption date. Whenever there are available moneys (other than
amounts deposited therein as accrued and capitalized interest) in
the Bond Fund in excess of the amount required to pay interest on
the bonds then outstanding on the next interest payment date, the
-12-
Town will exercise its option to redeem on the next practicable
interest payment date a suitable number of bonds outstanding.
Nothing shall preclude the Town from refunding all or a
portion of the bonds or from exercising its right to redeem bonds
prior to maturity from any available source of funds.
Redemption shall be made upon giving prior notice by
mailing to the owner of this Bond at his address as the same
appears upon the registration books, in the manner and upon the
conditions provided in the Bond Ordinance.
The Registrar will not be required to transfer any Bond
during a period beginning at the opening of business 15 days
before the day of the mailing by the Registrar of a notice of
prior redemption of Bonds and ending at the close of business on
the day of such mailing, or, with respect to a particular Bond,
after the mailing of notice calling such Bond for prior
redemption.
This Bond is one of a series of local improvement Bonds
numbered consecutively from 1 to 73, both inclusive, issued by
the Town of Vail, and maturing on April 1, 1999, all-of which are
of like designation, and which are in the aggregate principal
amount of $365,000. Said Bond series is issued in payment for
local improvements made in the Town of Vail, Colorado Booth Creek
Local Improvement District pursuant to and in accordance with the
Charter and the Vail Code, the ordinance creating the District,
and all laws and proceedings thereunto enabling.
Pursuant to the Bond Ordinance, reference to which is
made for further details, the principal of and the interest on
the Bonds of the series of which this is one shall be payable
solely from a special fund designated "Town of Vail, Colorado
Booth Creek Local Improvement District, 1989 Bond Retirement
Fund" (the "Bond Fund") consisting of moneys collected by the
Town of Vail from the special assessments (principal, interest
and penalties, if any) to be levied against all the assessable
parcels of land in the District, to the extent provided in the
Bond Ordinance; provided that any proceeds from the sale of the
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Bonds, other than such proceeds deposited in the Bond Fund to be
used to pay interest on the Bonds, remaining after the payment of
all the costs and expenses of making the local improvements shall
be deposited in the Bond Fund and shall be used for bond
redemption. The Bond Fund is irrevocably and exclusively pledged
for the full and prompt payment of all the Bonds. If there is a
deficiency in the Bond Fund to meet the payment of the
outstanding Bonds and interest due thereon, the deficiency shall
be paid out of any moneys available therefor in the surplus and
deficiency fund created pursuant to Section 10.8 of the Town's
Charter. Whenever three-fourths of the Bonds have been paid and
cancelled and for any reason the remaining assessments are not
paid in time to take up the remaining Bonds and interest due
thereon, and there is not sufficient money in the surplus and
deficiency fund, then the 'Town shall pay the Bonds when due and
the interest thereon and reimburse itself by collecting the
unpaid assessments due the District.
All assessments shall be a lien in the several amounts
assessed from the effective date of the assessment ordinance to
be adopted by the Town upon completion of the local improvements
in the District. The lien for such assessments shall be prior
and superior to all other liens except general tax liens, other
assessment liens, and possibly other liens imposed by the State
of Colorado or its political subdivisions or by the United States
of America or any agency or instrumentality thereof. In the Bond
Ordinance, the Town covenants to levy and collect assessments
against all assessable parcels of property in the District and to
diligently enforce the lien of the assessments against the
property subject thereto.
It is hereby certified, recited and declared that the
principal amount of the Bonds does not exceed the amount
authorized by law to be issued. It is hereby also certified,
recited and declared that the proceedings taken to date with
reference to issuing the Bonds and. to making such local
improvements have been regularly had and taken in compliance with
-14-
law; that all prerequisites to issuing the Bonds have been
performed; and that all acts, conditions and things essential to
the validity of this Bond exist, have happened and have been done
in due time, form and manner as required by law.
The Bonds are not a debt of the Town and the Town is
neither liable thereon, nor has it pledged its full faith and
credit for their payment, nor are the Bonds payable out of any
funds other than special assessments and other amounts pledged to
the payment thereof as herein stated. The payment of the Bonds
is not secured by an encumbrance, mortgage or other pledge of
property of the Town except for such special assessments pledged
for the payment of the Bonds. No property of the Town, subject
to said exception, shall be liable to be forfeited or taken in
payment of the Bonds.
The Town has designated the Bonds of the series of
which this is one as a qualified tax-exempt obligation pursuant
to Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as
amended.
This Bond is fully transferable by the registered owner
hereof in person or by his duly authorized attorney on the
registration books of the Town kept at the office of the
Registrar upon surrender of this Bond together with a duly
executed written instrument of transfer satisfactory to the
Registrar. Upon such transfer a new Bond of the same principal
amount and bearing the same number will be issued to the
transferee in exchange for this Bond, on payment of such charges
and subject to such terms and conditions as are set forth in the
Bond ordinance. The Town, the Registrar and the Paying Agent may
deem and treat the person in whose name this Bond is registered
as the absolute owner hereof, whether or not this Bond shall be
overdue, for the purpose of receiving payment and for all other
purposes except to the extent otherwise hereinabove and in the
Bond Ordinance provided with respect to the payment of interest,
and neither the Town, the Registrar nor the Paying Agent shall be
affected by any notice to the contrary.
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This Bond must be registered in the name of the owner
as to both principal and interest on the registration books kept
by the Registrar in conformity with the provisions stated herein
and endorsed hereon and subject to the terms and conditions set
forth in the Bond Ordinance. No transfer of this Bond shall be
valid unless made on the registration books maintained at the
principal office of the Registrar by the registered owner or his
attorney duly authorized in writing.
This Bond shall not be valid or obligatory for any
purpose until the Registrar shall have manually signed the
certificate of authentication hereon.
IN TESTIMONY WHEREOF, the Town Council of the Town of
Vail has caused this Bond. to be executed with the facsimile
signature of the Mayor, and to be signed and attested with the
facsimile signature of the Town Clerk under the facsimile seal of
the Town.
Signed:
(Facsimile Signature)
Mayor
(FACSIMILE SEAL)
Attest:
(Facsimile Signature)
Town Clerk
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Certificate of Authentication for Bond
This is one of the Bonds described in the within-
mentioned Bond Ordinance, and this Bond has been duly registered
on the registration books kept by the undersigned as Registrar
for such Bonds.
Colorado, as
01 Registrar
Date of Authentication: By
Authorized Representative
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ASSIGNMENT FOR BOND
FOR VALUE RECEIVED the undersigned hereby sells,
assigns and transfers unto the
within Bond and irrevocably appoints ,
attorney-in-fact, to transfer the within Bond on the books kept
for registration thereof, with full power of substitution in the
premises.
Dated:
NOTICE: The signature to Signature Guaranteed:
this assignment must correspond
with the name as it appears
upon the face of the within Bond
in every particular, without: any
alteration whatsoever.
Address:
Tax Identification Number or
Social Security Number(s):
(End of Form of Bond)
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Section 14. Delivery and Application of Proceeds.
When the bonds have been duly sold, executed and registered, the
Town shall deliver the bonds to the lawful purchaser thereof on
receipt of the purchase price. The registrar shall initially
register the bonds in the name of the purchaser, or in the names
of such transferees as the purchaser may designate in writing or
writings satisfactory to the registrar, or any combination
thereof as directed by the purchaser. The proceeds of the bonds
(excluding accrued interest and capitalized interest) shall be
deposited into the "Town of Vail, Colorado Booth Creek Local
Improvement District Construction Fund" (the "Construction Fund")
which is hereby created, and applied solely to defray the costs
and expenses of making the Improvements (including incidental
expenses and costs related to the issuance of the bonds). All
moneys received as accrued interest and capitalized interest
shall be deposited into the Bond Fund to apply to the payment of
a portion of the interest due on the bonds through April 1, 1990.
All moneys received as investment income on the Bond Fund shall
be retained in the Bond Fund. All moneys received as investment
income on the proceeds of the bonds shall either be used to pay
for the Improvements or incidental costs or to pay principal of
or interest on the bonds as the Town determines.. The purchaser
of the bonds shall in no manner be responsible for the
application by the Town, or any of its officers, of any of the
funds derived from the sale thereof.
Section 15. Levy of Assessments. The Town shall cause
the assessments to be levied and collected as provided by law for
the benefit of the registered owners of the bonds. The Town
hereby covenants for the benefit of each owner of the bonds that
the costs of the Improvements in amounts sufficient, together
with any excess bond proceeds as provided in Section 10 hereof,
to provide for payment of the bonds and interest thereon, shall
be apportioned, levied and assessed against the assessable
parcels in the District, in accordance with the Charter and the
Vail Code, by ordinance to be hereafter adopted. Further, the
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Town covenants that such assessments will bear interest at a rate
which is at least equal to the highest rate of interest on the
bonds and payable in one payment or in ten annual installments of
principal, on March 1 of each year commencing on March 1, 1990,
with interest on the unpaid principal balance of the assessment,
payable annually on March 1 of each year commencing March 1,
1990. The Town hereby covenants to use its best efforts to
insure that such assessments are levied as soon as possible upon
substantial completion of the Improvements and to diligently
enforce the lien of the assessments against the property subject
thereto.
Section 16. Assessment Revenues. All moneys received
from such assessments, including interest and any penalties
thereon (except to the extent that such moneys are payable to the
Town as a reimbursement pursuant to Section 11 hereof), shall be
deposited into the Bond Fund and said moneys, along with any
other moneys deposited into the Bond Fund pursuant to the
provisions of this ordinance, shall be used for the purpose of
paying the principal of and interest on the bonds and for no
other purpose whatsoever, and as security for such payment the
Bond Fund is hereby exclusively pledged.
Section 17. Books and Records. So long as any of the
bonds remain outstanding, the Town will keep or cause to be kept
true and accurate books of records and accounts showing full and
true entries covering the collection and disposition of special
assessments as well as any delinquencies in the collection
thereof, covering deposits and disbursements in the Bond Fund,
the redemption of bonds, both principal and interest, and
disbursements to defray the cost of the Improvements, including
incidental expenses; and the Town will permit an inspection and
examination of all books and accounts at all reasonable times by
a representative of the original purchaser of the bonds.
Section 18. Resignation of Registrar or Paying Agent.
If the registrar or paying agent initially appointed hereunder
shall resign, or if the Town shall reasonably determine that said
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registrar or paying agent has become incapable of fulfilling its
duties hereunder, the Town may, upon notice mailed to each
registered owner of the bonds at his address last shown on the
registration books, appoint a successor registrar or paying
agent, or both. No such resignation or dismissal may take effect
until a successor is appointed. Every such successor registrar
or paying agent shall be a bank or trust company located in and
in good standing in the State of Colorado. It shall not be
required that the same institution serve as both registrar and
paying agent hereunder, but the Town shall have the right to have
the same institution serve as both registrar and paying agent
hereunder.
Section 19. Authorized Action. The officers of the
Town hereby are authorized and directed to take all action
necessary or appropriate to effectuate the provisions of this
ordinance, including, without limiting the generality of the
foregoing, the printing of the bonds (which may include thereon
an opinion of bond counsel and related certification by the Town
Clerk), the execution of such certificates as may reasonably be
required by the initial purchaser thereof or bond counsel,
relating, inter alia, to the signing of the bonds, the tenure and
identity of the municipal officials, the absence and existence of
factors affecting the exemption of interest on the bonds from
federal income taxation, the accuracy of property descriptions,
the delivery of the bonds and the absence of litigation pending
or threatened affecting the validity of the bonds, if such is in
accordance with the facts, and the execution of a bond purchase
contract and appropriate agreements with respect to the services
of paying agent and registrar.
Section 20. Bondholders' Rights and Remedies. Any
owner of any one or more of the bonds may, either at law or in
equity, by suit, action, mandamus or other appropriate
proceedings in any court of competent jurisdiction, protect the
lien created by this ordinance on the proceeds of said
assessments and the moneys in the Bond Fund, and may by suit,
-21-
action, mandamus or other appropriate proceedings enforce and
compel the performance of any covenant of the Town or any duty
imposed upon the Town by the provisions of this ordinance, or any
ordinance heretofore or hereafter adopted concerning the
District, including, without limiting the generality of the
foregoing, the segregation of assessments into the Bond Fund, the
proper application thereof and the appointment of a receiver. The
failure of any such owner so to proceed shall not relieve the
Town, the Council or any of the Town's officers, agents or
employees of any liability for failure to perform any such duty.
No remedy or right conferred by this ordinance is intended to be
exclusive of any other remedy or right, but each such remedy or
right is cumulative and may be pursued without waiving any other
remedy or right.
Section 21. Tax Covenants. The Town covenants for the
benefit of the owners of the bonds that it will not take any
action or omit to take any action with respect to the bonds, the
proceeds thereof, any other funds of the Town, or any facilities
financed with the proceeds of the bonds if such action or
omission would (i) cause the interest on the bonds to lose its
exclusion from gross income for federal income tax purposes under
Section 103 of the Internal. Revenue Code of 19861 as amended (the
"Tax Code"), (ii) cause interest on the bonds to lose its
exclusion from alternative minimum taxable income as defined in
Section 55(b) (2) of the '.Pax Code except to the extent such
interest is required to be included in the adjusted net book
income and adjusted current earnings adjustments applicable to
corporations under Section 56 of the Tax Code in calculating
corporate alternative minimum taxable income, (iii) subject the
Town to any penalties under Section 148 of the Tax Code, or
(iv) cause interest on the bonds to lose its exclusion from
Colorado taxable income or Colorado alternative minimum taxable
income under present Colorado law. The foregoing covenant shall
remain in full force and effect notwithstanding the payment in
full or defeasance of the! bonds until the date on which all
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obligations of the Town in fulfilling the above covenant under
the Tax Code and Colorado law have been met.
Section 22. Designation as Qualified Tax-Exempt
Obligation. The Town hereby designates the bonds as a qualified
tax-exempt obligation for purposes of Section 265(b)(3)(B) of the
Tax Code.
Section 23. Amendment or Supplement of Ordinance.
This ordinance may be amended or supplemented by an ordinance or
ordinances adopted by the Town Council in accordance with the
Charter and the Vail Code with or without the receipt by the Town
of any additional consideration, with the written consent of the
owners of 75 percent of the bonds authorized by this ordinance
and outstanding at the time of the adoption of such amendatory or
supplemental ordinance, provided, however, that no such ordinance
shall have the effect of permitting:
(a) an extension of the maturity of any bond
authorized by this ordinance without the
written consent of the owner of the
bond; or
(b) a reduction in the principal amount of
any bond or the rate of interest thereon
without the written consent of the owner
of the bond; or
(c) the creation of a lien upon or a pledge
of property, revenues or funds, ranking
prior to the liens or pledges created by
this ordinance; or
(d) a reduction of the principal amount of
bonds required for consent of such
amendatory or supplemental ordinance.
Section 24. Ratification. All action (not
inconsistent with the provisions of this ordinance) heretofore
taken by the Town, the Council and the officers of the Town,
directed toward the creation of the District, the construction
and other acquisition of the Improvements therein, the sale and
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issuance of the bonds, and the levy of assessments for that
purpose, hereby is ratified, approved and confirmed.
Section 25. Ordinance Irrepealable. After the bonds
have been issued, this ordinance shall constitute a contract
between the Town and the owner or owners of the bonds and shall
be and remain irrepealable until the bonds and the interest
accruing thereon shall have been fully paid, satisfied and
discharged.
Section 26. Limitation on Challenqe. After the
expiration of 30 days from the date of final adoption and
approval of this ordinance, all actions or suits attacking its
findings, determinations and contents or questioning the legality
of the bonds and all proceedings relating thereto shall be
perpetually barred, and the ordinance and bonds shall be
conclusive of the facts stated therein and shall be conclusively
deemed valid and legal in every court or tribunal and shall not
be open to contest for any reason.
Section 27. Severability. If any section, paragraph,
clause, or provision of this ordinance shall be held to be
invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause, or provision shall not affect
any other provision of this ordinance.
Section 28. Repealer. All ordinances, resolutions,
bylaws and regulations of the Town in conflict with this
ordinance are hereby repealed to the extent only of such
inconsistency.
Section 29. Recordinq; Effective Date. Immediately
upon its final passage, this ordinance shall be recorded in the
Town book of ordinances kept for that purpose, authenticated by
the signatures of the Mayor and the Town Clerk and shall be
-24-
published in The Vail Trail, a legal newspaper of general
circulation in the Town. This ordinance shall take effect five
days following its publication after final passage.
INTRODUCED AND APPROVED ON FIRST READING on July 18,
1989.
Mayor
(SEAL)
Attest:
Town Clerk
ADOPTED AND APPROVED on August 1, 1989.
Mayor
(SEAL)
Attest:
Town Clerk
-25-
Council Member duly seconded
the motion, and the question being upon the approval on first
reading of the foregoing Ordinance, the roll was called with the
following result:
Council Members voting "Yes": Kent R. Rose
John C. Slevin
Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Michael Cacioppo
Thomas Steinberg
Council Members 'voting "No":
Council Members having voted in favor of said
motion, the Mayor thereupon declared the Ordinance duly approved
on first reading and directed that the Ordinance, as approved, be
published once in full in The Vail Trail, a newspaper of general
circulation within the 'T'own and legally qualified for Town
publications, and that notice of the August 1, 1989 public
hearing on the ordinance be published as required by the Vail
Code.
After consideration of other business to come before
the Town Council, the meeting was adjourned.
Town Clerk
Town of Vail
(TOWN
SEAL)
-26-
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF VAIL )
The Town Council of the Town of Vail, Eagle County,
Colorado, met in regular session, in full conformity with the
Town Charter, ordinances and all other applicable laws, rules and
regulations, at the Municipal Building in Vail, Colorado, the
regular meeting place thereof, on Tuesday, the 1st day of August,
1989, at the hour of 7:30 p.m.
The following members of the Town Council were present:
Mayor: Kent R. Rose
Mayor Pro Tem: John C. Slevin
Council Members: Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Michael Cacioppo
Thomas Steinberg
The following members of the Town Council were absent:
The following persons were also present:
Town Manager: Rondall V. Phillips
Town Attorney: Lawrence A. Eskwith
Town Clerk: Pamela A. Brandmeyer
Director of Admini-
strative Services: Charles Wick
Thereupon the following proceedings, among others, were
had and taken:
The mayor informed the Town Council that Ordinance
No. Series of 1989, which was introduced, read by title,
passed on first reading, approved and ordered published in full
at a regular meeting of the Town Council held on July 18, 1989,
-27-
was duly published in full in The Vail Trail, a newspaper of
general circulation in the Town, in its issue of July 21, 1989,
and that the publisher's affidavit of said publication is now on
file in the office of the '.Down Clerk.
Council Member then introduced
said Ordinance a second time and read the Ordinance by its title,
sufficient copies of the full Ordinance having previously been
made available to the Town Council and to the public.
The Mayor then declared that this was the time and
place for a public hearing on the Ordinance and the meeting was
then opened for such purpose. After all persons had been given
an opportunity to speak, the hearing was declared closed.
Council Member moved the final
approval on second reading of said Ordinance.
Council Member duly seconded the
motion, and the question being upon the final approval on second
reading of the said Ordinance, the roll was called with the
following result:
Council Members voting "Yes": Kent R. Rose
John C. Slevin
Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Michael Cacioppo
Thomas Steinberg
Council Members voting "No"':
Council Members having voted in favor of said
motion, the Mayor thereupon declared the, Ordinance finally
approved on second reading and directed that the Ordinance, as
approved, be published by title only in The Vail Trail, a
newspaper of general circulation within the Town and legally
qualified for Town publications.
-28-
After consideration of other business to come before
the Council, the meeting was adjourned.
Town Clerk
Town of Vail
(TOWN
SEAL)
-29-
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF VAIL )
I, Pamela A. Brandmeyer, the duly qualified and acting
Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby
certify that the foregoing pages 1 to 29, inclusive, constitute a
true and correct copy of the Record of the Proceedings of the
Town Council of the Town, taken at regular meetings thereof held
at the Municipal Building in Vail, Colorado, on.Tuesday, the 18th
day of July, 1989, commencing at the hour of 7:30 p.m. and on
Tuesday, the 1st day of August, 1989, commencing at the hour of
7:30 p.m., as recorded in the official Record of the Proceedings
of the Town kept in my office, insofar as said proceedings relate
to Ordinance No. Series of 1989, authorizing the issuance of
the Town of Vail, Colorado Booth Creek Local Improvement District
Bonds, Series 1989; that said proceedings were duly had and
taken; that said meetings were duly held; and that the persons
were present at said meetings as therein shown.
It is hereby further certified that the Ordinance was
published in full in The Vail Trail, a newspaper published and
having general circulation in the Town and legally qualified for
Town publications, on July 21, 1989, and by title only in said
newspaper on August 4, 1989, as evidenced by the affidavits of
publication attached hereto.
IN WITNESS WHEREOF, the undersigned has hereunto set
her hand and the seal of the Town this day of August, 1989.
(TOWN Town Clerk
SEAL) Town of Vail
-30-
Affidavit of publication of Ordinance in full
and notice of public hearing thereon.
r
-31-
Affidavit of publication of ordinance by title only.
f
-32-
STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF VAIL )
The Town Council of the Town of Vail, Colorado, met in
regular session in full conformity with the Town Charter and the
applicable laws, rules and regulations of the Town, at the Vail
Municipal Building, Vail, Colorado, the regular meeting place
thereof, on Tuesday, the 18th day of July, 1989, at the hour of
7:30 p.m.
The following members of the Town Council were present:
Mayor: Kent R. Rose
Mayor Pro Tem: John C. Slevin
Councilmembers: Eric Affeldt
Merv Lapin
Gail Wahrlich-Lowenthal
Michael Cacioppo
Thomas Steinberg
The following members of the Town Council were absent:
The following persons were also present:
Town Manager: Rondall V. Phillips
Town Attorney: Lawrence A. Eskwith
Town Clerk: Pamela A. Brandmeyer
Director of Admini-
strative Services: Charles Wick
Thereupon the following proceedings, among others, were
had and taken:
Council Member introduced and moved the
approval on first reading of the following ordinance, which was
then read by title, sufficient copies of the full ordinance
having previously been made available to the Town Council and to
the public:
TO: Town Council
FROM: Community Development Department
DATE: August 1, 1989
SUBJ: An appeal of a Planning and Environmental decision to
approve a front setback variance for Lot 6, Vail Village
10th Filing, 950 Fairway Drive.
Appellant: Mr. Eugene F. McGuire
On July 10th, the Planning and Environmental Commission approved
a 16 foot front setback (4 feet from the front property line) for
Michael Katz, owner of Lot 6, Vail Village 10th Filing. The lots
on either side of Mr. Katz received identical setback variances in
1975 due to geological hazards in the area. The PEC decision is
being appealed by the owners of Lot 5, east of the subject lot.
The staff has not yet received a site specific report on the
geological hazards related to the specific design of the residence
proposed, but has reviewed a general report from Arthur J. Mears,
P.E., Inc. concerning five lots, including Lot 6 (attached).
The Planning and Environmental Commission voted for approval of the
request by a 5-1-1 vote, with Diana Donovan voting against, and Jim
Viele abstaining. The reasons for approval were the fact that the
lots on either side with apparently similar degrees of slope and
hazards did receive the variance, negating the special privilege
factor and that they felt the findings required to grant a variance
had been met.
Diana Donovan°s reason for voting against this requested variance
was that since the house is designed to be constructed in "stair
steps1° up the hill, this proves that the house does not need to be
built at the front of the lot.
The staff recommends upholding the PEC°s decision.
,
~2 I
CORTEZ £3 FRIEDMAN P. o. eox 17107
A PROFESSIONAL CORPORATION DENVER. COLORADO 80217
ATTORNEYS AND COUNSELORS AT LAW TELEPHONE (303) 796-0700
TELECOPIER (3031796-2015
ONE DENVER TECH CENTER
SUITE 700
5251 OTC PARKWAY
ENGLEWOOD. COLORADO 80111
July 18, 1989
Ott -It JUL 2 010-49
Town Council
Town of Vail
Town of Vail Municipal Building
Vail, Colorado 81657
Dear Ladies and Gentlemen:
This firm represents the owners (Mary Lou Walters and Vern
and Golden Anderson) of Lot 5, Vail Village Tenth Filing. This
lot is adjacent to Lot 6, Vail Village Tenth Filing.
The Planning and Environmental Commission, on July 10,
1989, granted applicant Michael Katz' request for a setback
variance. The owners of Lot 5 hereby file this appeal and request
for a hearing.
Mr. Katz, after the PEC meeting, assured the undersigned
and others that he would be willing to take into account the
concerns of neighbors. I have attempted to reach Mro Katz but
have been unsuccessful. While I presume that discussions with
Mro Katz will result in everyone amicably reaching agreement, it
was necessary to file this appeal to preserve the owners' rights.
It is not intended to foreclose discussion with Mr. Katz.
Yours truly,
r
Eu ne a Mc ire
EFM:c
cc: Mr. Michael Katz
Mro and Mrs. Vern Anderson
Ms. Mary Lou Walters
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TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 10, 1989
SUBJECT: A request for a front setback variance in order to
construct a residence on Lot 6, Vail Village Tenth
Filing.
Applicant: Michael Katz
I. DESCRIPTION OF VARIANCE REQUESTED
The applicant is requesting a front setback variance of 16
feet in order to construct a residence. The property is in
the blue and red snow avalanche, high debris avalanche, and
medium severity rockfall hazard areas. The slope of the lot
under the proposed garages and residence is approximately
30%.
Zoning on this property is Two Family Residential. The
front setback requirement is 20 feet. Mr. Katz would like to
build within 4.feet of the front property line. The 16 foot
encroachment allows the owner to build two garages with
living space on the level above.
The applicant's reasons for moving the structure forward is
to help mitigate against potential damage from avalanche,
rockfall and debris flow and also to reduce extensive cuts
and fills necessary to meet setback requirements.
II. CRITERIA AND FINDINGS
Upon review of Criteria and Findings, Section 18.62.060 of
the municipal code, the Department of Community Development
recommends approval of the requested variance based upon the
following factors:
A. Consideration of Factors:
1. The relationship of the requested variance to other
existing or potential uses and structures in the
vicinity.
In 1975, the PEC and Town council approved an
application fore foot front setbacks for Lot 5, 7,
and 8. Lots 5 and 7 border Lot 6. Existing
structures already encroach into the front setback
on either side of this lot. (Please see the
attached PEC and Town Council minutes for the
variances in 1975).
2. The deqree to which relief from the strict and
literal interpretation and enforcement of a
specified regulation is necessarv to achieve
compatibility and uniformitv of treatment amonq
sites in the vicinity or to attain the objectives
of this title without qrant of special privilege.
The fact that the lots adjacent to Lot 6 received &'16
foot setback variances negates the special
privilege factor. All of the lots along the south
side of Fairway Drive are impacted by numerous
hazards which make the variance requests reasonable
and necessary. Staff believes that the owner of
Lot 6 should receive the same treatment.
3. The effect of the requested variance on light and
air, distribution of population, transportation and
traffic facilities, public facilities and
utilities, and public safety.
There are no significant impacts on these factors.
However, we would recommend that the balconies be
constructed without supporting posts. This will
result in the balconies having less of a visual
impact when viewed from the street and neighboring
properties.
III. Such factors and criteria as the commission deems applicable
to the proposed variance.
IV. FINDINGS
The Plannina and Environmental Commission shall make the
following findinqs before arantinq a variance:
That the granting of the variance will not constitute a grant
of special privilege inconsistent with the limitations on
other properties classified in the same district.
That the granting of the variance will not be detrimental to
the public health, safety or welfare, or materially injurious
to properties or improvements in the vicinity.
That the variance is warranted for one or more of the
following reasons:
The strict or literal interpretation or enforcement of
the specified regulation would result in practical
difficulty or unnecessary physical hardship inconsistent
with the objectives of this title.
There are exceptions or extraordinary circumstances or
conditions applicable to the same site of the variance
that do not apply generally to other properties in the
same zone.
The strict interpretation or enforcement of the
specified regulation would deprive the applicant of
privileges enjoyed by the owners of other properties in
the same district.
V. STAFF RECOMMENDATION
The staff recommends approval of the requested variance. The
construction of a residence on a steep lot in hazard areas
can be considered a practical difficulty and unnecessary
physical hardship. The fact that adjacent lots were granted
the identical setback variance indicate there would be no
special privilege in granting the same variance for this
property.
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Statement
Mr. Michael Katz is applying for a 16' front set back variance
in order to construct a two family residence on Lot 6. Vail
VIllaae 10th Filinq with a 4' set back. This lot is in the
moderate snow avalanche, debris avalanche and rockfall zone.
Final design is not complete, but Mr. Katz is desirous of
locating his residence so as to mitigate against potential
damage from snow avalanche and debris flow and the potential of
environmental damage that might occur from extensive cuts and
fills neccessary to meet the set back requirements as stated in
in paragraph 18.12.060 of the Town of Vail Zoning Ordinance
In August of 1975, the Town of Vail Planning Commission approved
an application for a 4' set back on the two lots adjacent to Lot
6. At a Town of Vail council meeting on September 2, 1975 the
4' set back was unanimously approved by those present. In the
meantime, two 2 family residences have been built on these lots,
each taking advantage of the 4' set back.
The location of Mr. Katz's residence would thus be in conformity
with that of each of his adjacent neighbors. Minutes from both
the Planning Commission Hearing and Town council are attached to
this application.
By granting this variance, there would be no adverse effect on
light, air, distribution of population, transportation, traffic
facilities, utilities and public safety.
PLANNING CONdMISSION
August 21, 1975
3 : 00 PH
Members present:
Heimbach
Wright
Abbott
Wi I to
Others present
Lamont
Toughill
SALES TAX FIGURES
Lamont presented sales tax data suwnmarized by John Ryan and
suggested that staff and Planning Commission might be able to use this
information as an aid in considering conditional use permits in CCI.
The general feeling was that the Planning Commission would not want
to impose the Town in the economic determinants of the cominunity,and
the market place should determine what types of new businesses are
aIIowed. They did, however, feel that the. data with some refinement,
could be used by the staff in the general review process.
SET BACK VARIANCE FOR LOTS 5, 7, and 8 Vail Village 10th Filinq
Jim Abbie, representing owners of Lots 5, 7, & 8, Vail Village
10th Filing - application for 4' setback in lieu of 20' required by the
Zoning Ordinance. Diana Toughill explained that the setback variance was
requested by these owners for two reasons: first, to locate the structure
as far from Zone I, Avalanche Hazard area, as possible, and secondly to
mitigate the environmental damage from extensive cuts and fills nec-
essary to meet the setback requirements. The Community Development
Department staff recommended approval of the variance. Based oil criteria
and findings from Article 19 read into the record, a motion for approval
was made by Jen Wright and seconded by Bill Wilto. The motion carried
with Abbott opposed.
ine roregoirig in9trunerrs was ackrtomrtwfteCbzfa.~__ 7thfs .day o4 May 10, 1989
by MC Flo •,u~.. rr u ~ : ~,:~'.k~ IiiQSA I --D...B A-KIItANT
- Minutes
2 September 1975
Page 2 ,
With regard to the appointment of a new member to the Local Licensing
Authority to fill the vacancy created by the resignation of Gerry White,
the Council voted by paper ballot. Application was made in writing
to the Town Clerk by the following persons: Jim Schorsch, Isobel
Schober, Kristine Keesling and Barbara Parker. Barbara Parker received
the highest number of votes and was duly appointed by the Town Council.
It was then necessary for the Council to vote to increase one of the
original board member's terms from two to four years; the board member
receiving the highest number of votes was Bill Grassie; thus, his term
on the Local Licensing Authority was increased to four years.
With regard to the consideration of a request for a setback variance
for Lots 5, 7, and 8 in Vail Village Tenth Filing, the zoning administrator;
Diana Toughill, explained that the lots are located on the golf course
and that the owners are asking for a 16 ft. allowance on the required
20 ft. setback requirement. If houses could be constructed within 4 ft.
of the property line, which fronts on to the road, then the avalanche
hazard would be minimized and deep cuts and fills on the hillside would
be avoided. Jim Abbie and John Mueller were present to represent all
lot owners; the owner of Lot 5 is Harry Ziegler. Ms. Toughill stated
that the Planning Commission and the Town staff have recommended approval
of the setback variance.. Councilman Donovan stated that he understood
the problem but could not see how anyone could build four feet from a
property line. Councilwoman Klug moved to approve the request; Councilman
Slevin seconded the motion; all present voted in favor; and the motion
carried to grant the request.
With regard to a request for an amendment to a variance permit already
granted to Bob Lazier, the owner requested that he be allowed to use
the money designated for covering 15 parking spaces to heat walkways and
landscape the area. The amount plus $500 design.funds has been deposited
with the Town of Vail; the project is to be completed by September 30, 1975.
It was the opinion of the Council that the Town staff should work with
Mr. Lazier if the request were granted. Councilman Staufer moved to approve
the amendment; Councilman Donovan seconded the motion; all present voted
in favor; and the motion carried.
With regard to a request for a sign variance for the Lift House Lodge, Doug
'Packy' Walker stated that he needs an additional sign for identification
of his lodge, since the directory sign is not sufficient. The zoning
administrator stated that the Design Review Board has recommended approval
of the request for a 16 sq. ft. sign. Mr. Walker stated that he has
permission from both Bob Lazier and Chuck Rosenquist to put the sign up.
Councilman Staufer moved to approve the request on the Design Review
Board's recommendation subject to landscaping being done simultaneously
according to plan. Councilwoman Klug seconded the motion; all present
voted in favor; and the motion carried.
With regard to a request for a GRFA variance for the Row Houses from
Geraldine Cohen, the owners of Units #4 and #6 want to enclose the
second story balconies and add 77 sq. ft. and a sliding glass door.
The zoning administrator commented that it was the opinion of the Design
Review Board tiot_tho Variance wDO.d improve the building aesthetically.
The Planni•h ;;i as.,i.otr..~? p~.4 td*v r of tole request. . Councilman
Staufar
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July, 6, 1989.
Vail Colo.
Town of Vail
Community Development Department,
Vail, Colo.
Re: Item 4- Request for setback variance,
Lot 6, Vail Village, 10th Filing.
Hearing 3PM, July 10th.
Dear Sirs:
I am concerned about the above request for setback and
therefore I will be represented by my neighbor to the
west of me in this duplex on lot 5, just east and adjacent
to lot 6.
We are concerned that the new structure may jut out more
than the lineup of existing structures, and block the
view to the west.
It is true that our property was built with a 4' setback,
permit, but this certainly does not apply to the structure
that is parallel to the straight street, for it is far more
than that. It may more easily apply to the east end of the
house and the distance to the round cul-de-sac, which is not
being used in a round form. Actually, the south side of the
cul-de-sac, is a straight line extension of the street to
the west.
My neighbor, Gene McGuire, will be representing me as well
as their property, which is all of the property, on lot 5,
at the public hearing on Monday July 10.
Sincerely,
Vern C. Anderson
970A Fairway Court,
Vail, Colo.
vca/me
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ARTHUR I. MEAR,S, RE., INC.
Nturt! H=ds Coruuftmts
222 Eu CahS Ava.
GU&%1W, CQ1,Wk o 81230 L .3 b
303 0 641.3236
Mr. Mark Cadmus
Brandess-Cadmus Real Estate, Inc.
281 Bridge Street
Vail, CO 81657,
°
February 7, 1988
Dear Mr. Cadmus:
At your request, I have completed a reconnaissance of snow-avalanche, debris-
avalanche, debris-flow, and rockfall hazard at the 5 Vail Lots discussed
below. The work reported here constitutes "site-specific" appraisals og
these lots with respect to the geologic hazards listed above. other geologic
hazards or development constraints, if any, have not been considered as part
of this study.
HAZARD MATRIX FOR THE 3 LOTS
The 5 lots studied are listed in the left column In the matrix below. The
lots are affected by various combinations and severities of the 4. geologic
hazards listed above. Snow avalanche, debris flow, and rockfall are sated as
of or "high" hazard. In accordance with criteria adopted by the
Town of Vail, debris-avalanche potential is identified ("Yes" or "No'% but
not brokers down into high and moderate categories:
HAZARD MATRIX
Lot I1 Snow Aval -Debris Aval Debris Flow Rockfall
#7, 3rd Filing Moderate No Moderate No
X15, 3rd Filing No No Moderate Moderate
#4, 3rd Filing Moderate No Moderate Moderate
#3, 3rd Filing Moderate No Moderate Moderate
116 10th Filing Moderate Yes No) Moderate
Study of the hazard matrix Indicates that, none of the 5 Sots are affected by
high hazard snow avalanche, debris flow, or rockfall; only Lot 6, 10th Filing
is affected by debris avalanche.
HAZARD DEFINITIONS
Snow avalanche nosl
Moderate Hazard: Reached by snow avalanches with return periode of 23
years or chorea and avalanches producing impact pressures of 615 lbs/fO or ,
,less. . U12di-Ag ~3j p&r~+istte,d but -avalanche defense design and/or
atru~.tra.ra~.t ,n or emen~: y be °ntede . - _ -
m
h! 1 s _
Snow avalanche (cont)
- High Hazard: Reached by Snow avalanches with return periods of less
than 25 years, and/or avalanches producing impact pressures of more than
615 lbs/ft2. The Town of Vail does not permit building in this avalanche
zone,
Debris Avalanche
- Because debris avalanches consist of water, wet snow, mud,.rock, and
4T-&aaj.E d bris. they can be destructive all the way to the router edges.
They also stop in short distances in the runout zones, thus high and
moderate hazard zones cannot be defined. Hazard zones can be shortened by
building energy-dissipating barriers (berms or dabs'), perpendicular to the
flow direc-tlon,--.-thus -avoiding encounter altogether. -
Debris Flog
- High Hazard: These areas can experience severe structural damage and
possible loss of life through impact of mud, rock, and debris. Building
is usually not permitted in these areas because structural protection is,
in general8..not feasible.
Moderate Hazard: These areas can experience property damage through
flooding, erosion and impact of muddy water, soil, rock, and debris,
building is permitted by the Town of Vail because protection of buildings
is easily achieved through various combinations of low barriers,
reinforced lower foundations and Walls, and avoidance of window openinSS
at grade.
/ Rockf all
High Hazard; These areas are located on or below steep slopes that
produce or maintain destructive rockfalls Rock impact with structures is
likely to cause severe damage, including penetration of building wails.
e
__!!__moderate Hazard: These areas are located gear the outer limits of.
rolling rocks and will, rarely be reached by rockfalls Structural ,
protection of buildings, if necessary, is easily accommodated into design.
SPECIFIC DEVELOPMENT CONSTRAINTS ON LOTS
The following opinions on the constraints to development on the 5 lots result
from my field inspections of the Lots conducted on January 8 and February 81
1988 and from experience gained on analysis of avalanches, debris flows, and
rockfall in the Vail area during the past 15 years. Specific design criteria
used for the sage construction of exposed structures, including design loads,
cannot be provided at the present time. Such design criteria requires
knowledge of:
- Structure location and orientation;
Structure size and shape; and
Structure details that may affect the geologic process.
Lot 7, 3rd Filin~ will be exposed to light flow end/or"•,powder blast from the
"Clubhouse Gulch avalanche path during major dry-snow avalanche conditions.
Debris flows May also reach the site, but will consist. only of, muddy water
and floating vegetative matter of insufficient mass to create structural
damage. The avalanche hazard can be mitigated by proper building
orientation, window and door design, and possible local reinforcement. This
additional work would probably constitute a small percentage of the total
building cost. Debris'-flow mitigation may not be required, but in any case
could easily be accomplished through landscaping.
Lot 5, 3rd F111nt is exposed to debris flow similar to that affecting Lot 9,
and requiring similar mitigation, if any. The building site is located on
the fringe of rockfall hazard and probably would not require structural
protection from rockfall.
Lot 4, 3rd Filing is exposed to debris flow and rockfall similar to Lot 5.
However, it is also exposed to light flow and/or powder blast pressures from
avalanches beginning on the steep, north-facing slope above Sunburst Drive.
Avalanches of a size and energy sufficient to cause at least some minor
damage may occur every 50-to-100 years, and structural protection is
justified. The avalanche hazard can be mitigated by proper building
orientation, window and door design, and possible local reinforcement.
Lot 3, 3rd F'iliilm is exposed to debris flow and rockfall similar to Lots 4
and 5, as described above. This lot is, however, closer to the same
avalanche path that affects Lot 4. Consequently, avalanches here, although
also rare (estimated 25-to-50 year return period), definitely require
structural mitigation, Mitigation can easily be accomplished through
attention to building form, strength, orientation, and location.
•a~
Lot 6, 10th Fillns is exposed to small snow avalanches, minorrockfall, and
debris.avalanches. Snow avalanches have reached to within apDroxixstely-150
met-- of Fair iW.:.Drive__..above the western.. portion of Lot 6 4uring the past
several winters. Larger avalanches can cross the road. RockfaU has also
occurred and deposiged'ora the steep slopes approximately 200-300 feet above
Fairway Drive, and could _reach the building site, particularly if the forest °
were removed or destrAyed. Debris avalanches, during extreme conditions, '
will also deposit in Fairway Drive. Joint structural_mitigation_of_the snow-
-
ava.lanche_.__and~rockf al.l__ha.zard__- is feasible here e Debris avalanches can
probably be stopped before the VUIding site is reached, thereby eliminating
the hazard. The form and shape of the building will determine ii mitigation
is feasible on this lot.
The site reconnaissance conducted for this study indicates that development
is feasible, with some restrictions, on all 5 lots considered. Please
contact me if you have any further questions.'
Sincerely,
Caakzoq.~
Arthur 1. Mears, P.E.
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March 21, 1989
89/011
N 879 25' 4416W 124.00'
TRACT A
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 24, 1989
SUBJECT: A request for an exterior alteration in order to construct
improvements to the Enzian Lodge at 705 West Lionshead
Circle, Lot 1, Block 2, Vail Lionshead Third Filing.
Applicant: Alma Equities, A New York Corporation
I. DESCRIPTION OF REQUEST
The Enzian Lodge is proposing to make the following changes to the
project:
A. Add a new entry on the north elevation. The exterior
expansion is 42 square feet.
B. Construct an area adjacent to the underground garage which
will be used for either accessory lodge use, void space, or
perhaps an employee housing unit. The square footage is 130
square feet.
C. Add a comprehensive landscape plan for the entire property.
The following improvements are also proposed for the lodge.
However, all of these changes occur within the existing walls of
the lodge. These portions of the remodel are included in the memo
to provide a full understanding of the extent of the remodel.
A. The sixth floor meeting space (1,080 square feet) will be
redesigned into three accommodation units having a total
square footage of 2,840 square feet.
B. On the first floor, two accommodation units will be removed
(671 sqare feet) and converted-to meeting room space.
C. The basement floor is presently a garage. There are
approximately 16 parking spaces within this area, plus a
laundry area. The owner has proposed to convert this area
into accessory lodge uses:
Hall/storage 1,250 sq. ft.
Recreation/fitness 1,392 sq. ft.
Office/Lodge mgt. 578 sq. ft.
Restaurant accessory use 1,461 sq. ft.
Laundry 324 sq. ft.
Housekeeping 275 sq. ft.
Total 5,280 sq. ft.
This portion of the proposal does not require any approvals from
Planning Commission. Please see the attached letter which
explains the staff position on the removal of the parking. The
owner will be required to pay for the sixteen spaces that have
been removed from the site. Under Commercial Core II zoning,
owners are required to pay into the parking fund as opposed to
locating parking on site.
II. COMPLIANCE WITH THE PURPOSE SECTION OF COMMERCIAL CORE II
18.26.010 Purpose.
The commercial core 2 district is intended to
provide sites for a mixture of multiple dwellings,
lodges and commercial establishments in a
clustered, unified development. Commercial core 2
district in accordance with the Vail Lionshead
urban design guide plan and design considerations
is intended to ensure adequate light, air, open
space and other amenities appropriate to the
permitted types of building and uses and to
maintain the desirable qualities of the district by
establishing appropriate site development
standards.
The proposal complies with the Purpose Section by upgrading an
existing lodge.
III. COMPLIANCE WITH THE URBAN DESIGN GUIDE PLAN FOR LIONSHEAD
This proposal does not relate directly to any sub-area concept in
the Lionshead Urban Design Guide Plan.
IV. COMPLIANCE WITH URBAN DESIGN CONSIDERATIONS FOR LIONSHEAD
The purpose of the comparison between the proposal and the
considerations is to show how the new design strengthens or
detracts from the overall intent of the design considerations.
Height and Massinq
The sixth floor expansion. and addition of three dormers relates
only to one criteria that, states:
A. Building expansions shall generally be limited
to one story and two stories as indicated or the
Guide Plan., or as can be demonstrated to have a
positive visual and functional effect.
The new entry on the north elevation will be more functional and
the architecture is upgraded.
Urban Design Considerations
Not applicable.
J
Roofs
Most of the comments for this consideration relate to first floor
expansions. The remodel does meet the requirement that, "it is
important to integrate expansions with existing buildings so as to
avoid a patch work, tacked on quality for Lionshead. It is hoped
that all expansions will appear to have been part of the original
design of each building." The new entry and changes to the roof
comply with this criteria. The dormers also meet the comment that
"where main building roof planes are highly visible from the
ground, expansion should match that pitch. "All roof pitches on
the sixth floor will be 5 1/2 by 12. There are no significant
impacts on sun/shade or views as documented by the applicant's
studies.
Facade/Walls-Structures
This guideline encourages the use of concrete, concrete block,
glass, metal, stucco, and wood for construction. The Enzian Lodge
proposed to continue the use of stucco and wood in the remodel.
Facades and Transparencv
This section states:
Ground floor commercial facades should be
proportionately more transparent than upper floors.
The remodel includes adding new windows on the south and east
elevations adjacent to the pool. Even though this area is not a
commercial storefront, the increased transparency will improve the
appearance of the building.
Decks and Patios
This criteria states that decks and patios, particularly for
dining, encourage a strong street life and should be promoted in
any remodel. In respect to the Enzian Lodge, the pool/patio area
will be improved by adding additional landscaping and by adding
new stucco to retaining walls.
Accent Elements
Not applicable.
Landscape Elements
This criteria emphasizes the importance of a strong landscape plan
for any project. The applicant is proposing an overall landscape
plan with emphasis on the steep bank adjacent to the parking area
on the north side of the building. This bank presently has no
landscaping and is very visible from the Frontage Road. The
proposed landscape buffer for this area will comply with the Town
of Vail landscape plan and will also screen the parked cars from
public view.
Landscaping is proposed for the bank on the south side of the
property which faces the Marriot Mark. This site has been an
eyesore for many years. The proposed landscaping will greatly
improve the appearance of this area.
V. ZONING CONSIDERATIONS
The overall remodel requires a height variance and density
variance. These issues are addressed in the attached memo.
VI. STAFF RECOMMENDATION
The staff strongly supports the exterior alteration request for
the Enzian Lodge. It is somewhat difficult to apply the Lionshead
Urban Design Considerations to this proposal as the project is not
located in Lionshead Mall. However, it is clear that the proposal
adds many improvements to the existing property which are very
much needed and in general meet the criteria for an exterior
alteration. Staff is very supportive of the landscape plan which
is a major upgrade for the site.
' C3 Enzian Lodge Cut Slope
This slope, which is on the south side of the
y°
interstate just west of the main village,
interchange, is a major visual problem and part t:
of key views. However, because grasses are
slowly invading around the edges, its impact is
somewhat lessened. Nevertheless, by removing
the overhang at the top of the cut and planting
woody plants onto the areas that are bare, it r"
can be completely restored. Where the
LAN overhang does not exist, vegetation is spilling
down onto the slope from above.
However, a more important visual issue is the
parking lot on top which is very prominent as
viewed from the westbound highway lanes. 'A
wood screen fence, visually softened with
planting and boulders, would significantly
improve this image. The design of the fence
should keep the tops of fence sections level
,
,
and step with the grade as needed. Shadow
1
patterns and medium to dark color would
further reduce the prominence of the fence
itself and increase depth and interest. Small to
medium size evergreens should be included as
counterpoint to the fence year-round and to
further screen the parking lot. Clumps of
deciduous shrubs break up the dominance of
the evergreens and spill down the slope, giving
a natural appearance to the whole area.
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'9
10WHI of vain
75 south frontage road office of community development
nail, colorado 81657
(303) 479-2138
(303) 479-2139
July 10, 1989
Mr. Jay Peterson
P.O. Box 3149
Vail, Colorado 81658
Re: Enzian Lodge parking variance
Dear Jay,
I am writing this letter to, document the.,staff's decision on the Enzian
Lodge's request to convert"an underground parking area into useable
space for the lodge. The parking garage would be converted into the
following uses:
Halls/storage 1,250 sq. ft.
Fitness area 1,392 sq. ft.
Office for hotel manager 578 sq. ft.
Restaurant back of house 1,461 sq. ft.
Laundry 324 sq. ft.
Housekeeping 275 sq. ft.
Total -5,280 sq. ft.
You have indicated that there are sixteen spaces in the garage which
are currently never used. The owner has agreed to pay into the
Commercial Core II parking fund for the sixteen spaces.
With regard to the conversion of the parking, the staff considers the
parking area to be an existing legal, non-conforming use. As it
relates to Section 18.52.160 B of the Zoning Code. This section
states:
In Commercial Core I and Commercial Core II, property
owners or applicants shall be required to contribute to
the Town parking fund, hereby established, for the
purpose of meeting the demand and requirements for
vehicle parking. At such time as any property owner or
other applicant proposes to develop or redevelop a
parcel of property within an exempt area which would
require parking and/or loading areas, the owner or
applicant shall pay to the Town the parking fee herein
after required....
However, the Commercial Core II District states in Section 18.26.150:
Off-street parking and loading shall be provided in
accordance with Chapter 18.52. At least one half the
required parking shall be located within the main
building or buildings. No parking or loading area shall
be located in any required front setback area.
In respect to 18.26.150, the Enzian is also an existing legal, non-
conforming use as on site parking for the Enzian Lodge includes
approximately 64 spaces. Of these 64 spaces, 32 spaces would be
required to be underground. Currently on site, there are 48
(approximately) surface spacer and 16 garage spaces. 18.26.150 refers
back to Section 18.52 which states that any owner or applicant must pay
into the parking fund for parking in Commercial Core II parcels.
In addition, Section 18.52.180, states that:
Any parking variance which is granted by Chapter 18.62
of the Vail Municipal Code shall be required to
contribute into the Town's parking fund, as set forth in
Section 18.52.160 exemptions.
This is another reason why the staff feels it is unnecessary to go
through the parking variance process.
Your proposal to convert the underground parking to lodge uses makes
the project more conforming in respect to Section 18.52.160 B.
At first glance, the proposal becomes more non-conforming in respect to
Section 18.26.150. When you consider that 18.26.150 refers back
18.52.160 B, the proposal in the end is becoming more conforming. Even
though this seems like a lot of zoning bureaucracy, the staff felt that
it was very important to document how we arrived at this decision on
the parking conversion.
I advertised for the height variance for the July 24th Planning and
Environmental Commission meeting. You have two options as to how you
wish to handle the project. The staff can review the proposal by using
the variance criteria for the density, height, and exterior alteration
request. The other option would be to use the Special Development
District criteria. We would prefer to use the Special Development
District approach with an underlying zone district of Public
Accommodation instead of Commercial Core II. As you know, the staff
feels that PA zoning is more appropriate for this project. However,
you may request to keep the Commercial Core II underlying zone
district. We feel that it is easier to justify the height increase by
the use of the Special Development District criteria as opposed to the
variance approach. Please let. me know as soon as possible what you
-decide on this issue.
P „ s
Aq far as the next steps that need to be taken with the project, I
would suggest the following:
1. The staff would like to meet with you on site at the Enzian
Lodge to verify that there are 16 spaces in the underground
parking area. We also need to decide exactly how much the
owner will pay per space.
2. The landscaping for the northern side of the property has
been scheduled to be reviewed by the Design Review Board on
July 19, 1989. I asked Ernie Pyle to address the landscaping
on the south side of the project adjacent to Lionshead Circle
and also on the west side facing the tennis courts. Please
incorporate these two areas into the overall landscape plan
for the project. Staff would also like to have CDOH comment
on the landscape proposal on the northern berm. As you know,
sometimes landscape plans, even though they are well
designed, are not acceptable to CDOH. We would like this
information before the Design Review Board meeting on July
19th.
3. Staff does have concerns about justifying the height
variance. We believe that the SDD approach is a much more
effective way to handle the project. Please let me know your
decision on the review process by July 14, 1989 so.I can
discuss this with the staff on Tuesday morning.
4. Before a building permit will be released for the conversion
of the parking to lodge use, the staff will require that we
come to an agreement on the number of spaces, the cost of the
spaces, and the overall landscape plan for the proposal. We
also would include a condition on the building permit that
the landscape plan be completed before a T.C.O. is released.
A letter of credit must be provided for the cost of the
landscaping if the work is not completed before a T.C.O. is
released.
5. Ernie is preparing a View Analysis and Sun/Shade Study for
the height request.
If you have any further questions about the staff review of your
proposal, please feel free to call me at 479-2138.
Sincerely,
Kristan Pritz
Senior Planner
KP>lr
cc: Peter Patten
Ernie Pyle
Sally Brainerd
Ron Phillips
Larry Eskwith
a'
r
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: July 24, 1989
SUBJECT: A request for a density variance and height variance for the
Enzian Lodge at 705 West Lionshead Circle, Lot 1, Block 2,
Vail Lionshead Third Filing.
Applicant: Enzian Lodge, Alma Equities Corporation, A New
York Corporation
I. THE REQUEST
A. Height Variance:
The applicant is requesting height and density variances in
order to remodel the Enzian Lodge. The variances are
necessary in order to convert the sixth floor conference
space (1,081 square feet) to three accommodation units having
the following square footage:
West unit 893 sq. ft.
Center unit 1,011 sq. ft.
East unit 936 sq. ft.
A variance to Section 18.26.090 of the Commercial Core II
Zone District is necessary. 18.26.090 states:
For a flat roof or mansard roof, the height of
building shall not exceed 45 feet. For a
sloping roof, the height of building shall not
exceed 48 feet. These restrictions pertain
unless otherwise specified by the Vail
Lionshead Urban Design Guide Plan and Urban
Design Considerations.
In order to allow for the additional square footage for the
accommodation units, three dormers are added to the roof.
The dormers shall not exceed the height of the existing
building which is approximately 82 feet. Three dormers are
located on the south facing portion of the roof.
B. Density Variance:
A variance is also requested, from Section 18.26.100 Density
Control. This section states that:
Total density shall not exceed 25 dwelling
units per acre of buildable site area.
f
Under Commercial Core II zoning, the project is allowed to
have 23 dwelling units or 46 accommodation units. The
existing project has 52 accommodation units. This results in
the existing building being over the allowable density by 3
dwelling units or 6 accommodation units. The remodel would
have a net increase of 1 accommodation unit. Two
accommodation units on the first floor (711 square feet), are
converted into conference space. The sixth floor conference
space is converted into three accommodation units which
results in an increase of one accommodation unit. The one
new accommodation unit is what causes the need for the
density variance.
(Please see the attached zoning summary at the end of the
memo).
II. CRITERIA AND FINDINGS
The Community Development: Department recommends approval of the
requested variances.
A. The relationship of the requested variance to other existing
or potential uses and structures in the vicinity.
]Height variance:
The applicant has submitted a view analysis and sun/shade
study. These analyses indicate that there are no significant
impacts due to the addition of the three dormers.
Density variance:
The additional accommodation unit has no impact on potential
or existing structures in the area. The remodel is located
almost entirely within the existing building except for the
dormers on the sixth. floor.
B. The degree to which relief from the strict or literal
interpretation and enforcement of a specified regulation is
necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity or to attain the
objectives of this title without grant of special privilege.
Height variance:
The staff believes that there is a hardship due to the height
of the existing roof. It is appropriate to allow for the
dormers as these architectural features do not exceed the
existing height of the building.
Density variance:
The density increase is minimal and is specifically for
one additional lodge room. Normally, the staff prefers to
see applicants use the Special Development District process
V
as this review allows for more flexibility. However, the
density increase is minimal and other properties have been
allowed to increase the density on their projects if
accommodation units are built. Similar density variances
have been approved for the 5itzmark, Christiania and Tivoli.
Given these previous approvals, staff believes that the
variance request is not a grant of special privilege.
C. Effect of the requested variance on light and air,
distribution of population, transportation and traffic
facilities, public facilities and utilities, and public
safety.
Heiqht variance:
The sun/shade study indicates that are no significant impacts
on light and air.
Densitv variance:
There are no impacts.
D. Policies in Vail's Comprehensive Plan and Vail Land Use Plan:
Point 3.1
The hotel bed base should be preserved and used more
efficiently.
Point 3.2
The Village and Lionshead areas are the best location for
hotels to serve the future needs of the destination skiers.
Point 4.2
Increase density in the core areas is acceptable so long as
the existing character of each area is preserved through
implementation of the Urban Design Guide Plan and Vail
Village Master Plan.
Point 5.3
Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by
the Town of Vail, with appropriate restrictions.
Point 5.5
The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
In the Lionshead Plan, the Enzian site is listed as a resort
accommodations and service area. It clearly states:
These are the areas where hotel uses will be
concentrated during the planning period,
reflecting the community goals to concentrate
hotels within the core areas. (Pg. 36)
E. Lionshead Urban Desiqn Considerations:
Please see section on Height and Massing and Roofs.
III. STAFF RECOMMENDATION
The staff recommends approval of the two variances. Both
variances do not constitute a grant of special privilege, nor are
they detrimental to the general welfare of the public.
The height variance is warranted due to the physical hardship of
trying to add an architectural feature such as a dormer to an
existing roof that exceeds the 48 foot height requirement. There
are also no negative impacts due to the variance and the Urban
Design Considerations are followed.
The density variance is warranted as other property owners have
received increases in density for lodge rooms. The staff and
Planning Commission have supported the addition of lodge rooms by
approving variances for the Sitzmark, Christiania, and Tivoli
Lodges. The Land Use Plan also calls for increases in density,
particularly for lodge rooms, as long as the Urban design
considerations are met. In addition, it is important to note that
the increase in density does not significantly change the existing
building except for the addition of the dormers. Due to the fact
that the density increase is only for one accommodation unit and
the project is significantly upgraded, the staff feels the density
variance is acceptable. We support the density variance with the
following condition:
1. An employee housing unit shall be provided within the
building. The employee housing unit shall have a minimum
square footage of 400 square feet. The owner shall be
responsible for submitting an employee housing agreement to
the Community Development Department before a building permit
will be released for the portion of the remodel. The
employee dwelling unit shall be restricted per section
18.13.080 B. 10 a - d. This written agreement shall be
submitted to the Community Development Department and Town
Attorney and approved by the staff before a building permit
is issued for the project.
2. The three new accommodation units will have gas fireplaces
per Town of Vail ordinances governing fireplaces.
J Y
r
ZONING SUMMARY
ENZIAN LODGE
Planning and Environmental Commission
July 24, 1989
Zone: Commercial Core II
Lot area: .9267 acres or
40,367 sq. ft.
Allowed Existinq Proposed
GRFA: 32,294 19,476 21,605
+2,211 com.over
23,816
Common Area: 6,459 5,319 8,670 prop.
-6,459
2,211 added to
GRFA
Density: 46 a.u. 52 a.u. 53 a.u.
or or or
23 d.u 26 d.u. 26.5 d.u.
Setbacks: Front 10 ft. same same
Side 20 ft.
Rear 20 ft.
Height: 48 ft. 82 ft. 82 ft.
ENZIAN LODGE
PARKING
EXISTING PROPOSED
Use Spaces Use Spaces
Main floor Restaurant 14 Restaurant 14
Bar 5 Bar 5
Second floor 13 a.u. 10.069 11 a.u. 8.558
Mtg. room 2.96
Third floor 13 a.u. 10.069 13 a.u. 10.069
Fourth floor 13 a.u. 10.069 13 a.u. 10.069
Fifth floor 13 a.u. 10.069 13 a.u. 10.069
Sixth floor Mtg. room 4.5 3 a.u. 3
63.776 63.725
or or
64 spaces 64 spaces
* 64 spaces exist: 48 surface
16 garage (approx.)
1
Ujj #4UL25
N\ (Q NORTHWEST COLORADO
COUNCIL OF GOVERNMENTS
Post Office Box 739 " Frisco, Colorado 80443 ° Frisco 303 668-5445 Denver Direct 303 573-7611
July 21, 1989
Paul Ohri, Chairman
Northwest Colorado Council of Governments
C/O Grand County Courthouse
308 Byers
Hot Sulphur Springs, Colorado 80451
Dear Paul:
It is with regret that I must inform you of my resignation
effective September 1, 1989. In the 14 years I have spent
working in the public sector, I have never had the privilege of
working with a more exciting group of elected officials. You
should be extremely proud of the "QQ" Committee's
accomplishments. Unfortunately, personal and professional
considerations make it necessary for me to accept a new position.
As we discussed, I am sure that Lane Wyatt and Karen Thorson will
be able to provide on-going staff support to the QQ Committee in
order to ensure that your successes continue. I will be
affiliating with a law firm in Denver and would be very
interested in a continuing professional relationship with NWCCOG
if such an arrangement would meet your needs. I look forward to
our discussions on August 11th, which, because of vacation, is my
last day of work.
With warm regards,
Barbara Green
General Counsel
BG/kt
Eagle County: Avon, Basalt, Eagle, Gypsum, Minturn, Red Cliff, Vail. Grand County: Fraser, Granby, Grand Lake, Hot Sulphur
Springs, Kremmling, Winter Park, ° Jackson County: Walden, ° Pitkin County: Aspen, Snowmass Village. ° Routt County:
Hayden, Oak Creek, Steamboat Springs, Yampa, ° Summit ,County: Blue River, Breckenridge, Dillon, Frisco, Montezuma. Silverthorne
1989-90 VAIL AND BEAVER L;t(r•r•rC WIN,tr K SCHEDULE, June 10, 1989
NOVE N=s K
Wed. 22 Vail and Beaver creek mountains open
Sun. 26-Dec. 3 Pepils Wedel Week Session I
DECENT n - K
Fri. 2-3 Women°s World Cup Giant Slalom and Super Giant Slalom - Vail
Sun. 3-10 Pepils Wedel Week Session II
Wed. 6-8 SKI Magazine Week - Vail
Sun. 10-17 Pepi°s Wedel Week Session III
Fri. 29 Mexican National Ski Team Trials
JANUARY
Sun. 6-13 Pepils Powder Week Session I
Sun. 13-20 Pepils Powder Week Session II
Sat. 12-14 Vail Rocks - Vail
Thurs. 17-20 MAA moiselle on the mountain - Beaver creek
.t tiKL ARY
Fri. 23-25 Rocky Mountain Telemark Series - Beaver Creek
Sat. 24 Kinder Cup - Vail
MARCH
Sat. 3 SHON TIME The Movie Channel - Vail
Sat. 3-10 National Over-Jlbe-Hill-Gang Ski Week
Wed. 7-11 American Ski Classic - Ford Celebrity Cup and Lends of
Skiing - Beaver Creek
Sat. 10-11 Ski Fest - Vail
Mon. 12-17 12th Biennial National Deaf USDSA Ski Week - Vail
APRIL
Sun. 15 Vail and Beaver Creek Mountains Close (Easter Sunday)
VAIL AND BEAVER CREEK RESORT
L117T TICKET PRICES
W]w'rr tt 1989-1990
REGULAR WINDOW RATES
Adult Full Day $36
Child Full Day (12 years of age and under) $22
Adult Half Day (12 noon) $30
Child Half Day (12 noon) $17
MULTI-DAY RATES:
(Fully interchangeable between Vail and Beaver Creek)
Adult 2-Day $72
Adult 3-Day $108
Adult 4-Day $140
Adult 5-Day $175
Adult 6-Day $198
Adult 7+ Days $33/day
Child 2-Day $44
Child 3-Day $66
Child 4-Day $88
Child 5-Day $110
Child 6-Day $132
Child 7 + Days $22/day
2- and 3-Day tickets must be used on consecutive days
4-Day tickets must be used within 5 consecutive days
5-day tickets must be used within 6 consecutive days
6-day tickets must be used within 7 consecutive days
SENIOR ka-r1ZENS:
65-69 years of age $25/day
70 years or older r k r;r;
All prices apply to both Vail and Beaver Creek
VAIL MOUNTAIN WIN.L-P;K FACT bn=v WIN-i-r;K 1989-90
LOCATION: 100 miles West of Deriver on Inter_,Late I-70
White River National Forest
Eagle County, Colorado
VAIL STATISTICS: Population (permanent): 5,000
Bed Base: 25,000
Bars and Restaurants: 90
RESERVATIONS: Vail/Beaver Creek Reservations can arrange airfare,
ground transportation, lodging lift tickets, ski
school lessons and a variety of activities. For
reservations, call 1-800-525-2257 toll-free f.LA«
anywhere in the continental U.S. or (303) 949-5750.
For Facsimile, (303) 949-6499 or Telex 910-920-3183.
MOUNTAIN STATISTICS:
Ski Season: November 22, 1989 to April 15, 1990
8:30 a.m. to 3:30 p.m. daily
Elevation: Base: 8,200 feet 2,500 meters
Mid Vail: 10,200 feet 3,110 meters
summit: 11,450 feet 3,491 meters
Vertical drop: 3,250 feet 975 meters
Trails: Total trails: 120 named trails
Total devel,.l trails: 3,787 acres
Total permit area: 12,500 acres
Longest run: 4.5 miles - "Flapjack" to
"Riva Ridge"
Expanse: 7 miles from C=,-?de lift
on the West to the Mongolia
Bowl surface lift to the
East.
Vail is the largest single ski mountain complex in
North America.
Trail Classifications: Front side: 32% beginner
(1,203 acres) 36% intermediate
32% advanced
Back side*: 36% intermediate
(2,584 acres) 64% advanced
*This includes back bowl skiing in Sun Down, Sun Up,
Tea Cup, China, Siberia and Mongolia Bowls.
VAIL FACT Sh=:.u
2-2-2
MOUNTAIN STATISTICS: (Continued)
Lifts: 1 Vista Bahn Express - high-speed detachable enclosed
quadruple chai.rlift
6 high-speed detachable quadruple chairlifts
2 fixed-grip quadruple chairlifts
1 gondola
2 triple chairlifts
6 double chairlifts
2 surface lifts
Vail has more high-speed detachable quad chairlifts
than any other ski area in the world.
Total Uphill Capacity: 35,820 persons per hour
Snowmaking: CI.Lvater-controlled snowmaking system covers 332
acres to assure good early-season base.
Climate: Average annual snowfall: 337.5 inches
Ski School: The Vail/Beaver Creek Ski School is the lamest ski
school in the world with over 800 instructors and
uses the American Teaching System and SyberVision.
Ski School Locations: In Vail. at Golden Peak, Vail Village, Lionshead and
Cascade: Village. On Vail Mountain at Eagle's Nest,
Mid-Vail and Far East.
SKIER INFORMATION: Snowatch: For a daily update on Vail and Beaver
Creek snow conditions call:
Vail: (303) 476-4888 or 476-4889
Denver: (303) 837-8250
Channel. 13 on cable television continuously updates
skiers on weather conditions, recently Qyc.,ed trails,
and upcoming events and is available in most lodge
roams throughout the'Valley.
Lift status signs are located at major decision
points on the mountain, advising skiers of lifts in
operation and approximate lift line waiting times.
Complimentary "Meet the Mountain" tours are offered
at 1 p.m. on Sunday, Monday and Tuesday. Tours start
at Wildwood Shelter.
12 Vail Mountain Hosts are on the slopes to give
information and assistance to guests.
Grooming information is posted at Golden Peak
Vail Village, Lionshead and most lift boards. Vail
currently has 14 grooming snowcats.
Ski Valet services offer overnight, secured ski
storage at Golden Peak, Vail Village and Lionshead.
VAIL FACT Sh=u-
3-3-3
ON-MOUNTAIN FOOD SERVICE: Full Service Restaurants:
The Cookshack at Mid-Vail
The Wine Stube at Eagle's Nest
Cafeterias:
Mid Vail (2)
Eagle's Nest
Golden Peak
Trail's End at Lionshead
Far East Shelter at the top of chair 14
Wildwood Shelter at the top of chair 3
Outdoor Barbecues (weather permitting)
Mid-Vail
Far East Shelter
Wildwood Shelter
Patrol Headquarters
Wok and Roll Sled - base of the ORIENT EkrtetSS LIFT
Numerous picnic decks - locations marked on mountain
map
TRAVEL BANK: This press kit is accessible via c,-,,,Vater through
the Colorado Travel Bank. The modem phone number
is (303) 671-7669 and the office phone number is
(303) 320-8550.
BEAVER t"r~ RFMRT WIN-zrx FACT. _-,ntx;z WIMLt:K 1989-90
LOCATION: 110 miles West of Denver on Interstate I-70
Ten miles West of Vail at Avon Exit (#167) on I-70
White River National Forest
Eagle County, Colorado
TRANSPORTATION: Beaver Creek Resort can be reached by car or van
into Vail, or by Continental E>+,.Lcss a-amuater airline
from Denver's Stapleton International Airport to the
Avon STOLport, one mile fLU.« the entrance to Beaver
Creek Resort.
Locally, Eagle County E>LV.Lcss r,.Luvides free shuttle
bus service to the village and lifts 'LLW1« the parking
lots at the East and West entrances to the Resort.
There is also a shuttle service between Vail and
Beaver Creek daily during the winter season for $1
per ride. Dial -A-Ride also offers free shuttle
service within the Resort.
RFgmRVATIONS: Vail/Beaver Creek Reservations can arrange airfare,
y-umd transportation, lodging, lift tickets, ski
school lessons and a variety of other activities.
For reservations, call 1-800-525-2257 toll-free from
anywhere in the Continental U.S. or (303) 949-5750.
For Facsimile (303) 949-4699 or Telex 910-920-3183.
BEAVER ~ttrr;K STATISTICS: Population (permanent): 100
Bed Base: 4,300
25,000 within 10 miles
Bars and restaurants 11
MOUNTAIN STATISTICS:
Ski Season: November 22, 1989 to April 15, 1990
8:30 a.m. to 3:30 p.m. daily
Elevation: Village: 8,100 feet 2,470 meters
Spruce Saddle: 10,200 feet 3,110 meters
Summit: 11,440 feet 3,488 meters
Vertical drop: 3,340 feet 1,018 meters
Trails: Total trails: 49 named trails
Total developed trails: 800 acres
Total acres at buildout: 1,100 acres
Total permit area: 5,600 acres
Longest run: 2.75 miles "Centennial Run"
Trail Classification: 1989-90 Season Buildout
23% beginner 30% beginner
43% intermediate 40% intermediate
34% advanced 30% advanced
I
n
BEAVER utt=d< MOUNTAIN FACT ShrLLl'
2-2-2
MOUNTAIN STATISTICS: (Continued)
Lifts: 1 high-speed detachable quadruple chairlift
5 triple chairlifts
4 double chairlifts
(15 lifts planned at buildout)
Total Uphill Capacity: 16,450 ,,~=ons per hour
Snowmaking: Snowmaking systems cover 243 acres to assure good
early-season conditions.
Climate: Average annual snowfall: 325 to 350 inches
Ski School: The Vail/Beaver Creek Ski School is the lamest
ski school in the world with over 800 instructors.
The American Teaching System and Sybervision are
used.
Ski School Locations: Ski School is located in Village Hall at the base of
Beaver Creek and at Spruce Saddle on Beaver Creek
Mountain.
CROSS COUNTRY SKIING:
Location: Beaver Creek Touring center is located in Strawberry
Park at the base of Chair 12 and offers 30 km of
.,_amed double-set track which includes 12 scenic
trails at the top of the mountain. Lessons and
equipment rentals are available at the Touring
Center.
Cross Countrv
Trail Classification: 20% Beginner
60% Intermediate
20% Expert
SlurAtt SERVICE INru±gA ,TION: Snowatch: For a daily update on Vail and Beaver
Creek. ski conditions, call:
Vail: (303) 476-4888 or (303) 476-4889
Denver: (303) 837-8250
Channel 13 on cable television continuously updates
skiers on weather conditions, recently -,r.,ed trails
and upcoming special events and is available in most
lodge roams throughout the Valley.
Complimentary Meet the Mountain tours designed for
intermediate and expert skiers are offered on
Mondays and Wednesdays. Tours begin at 1 p.m. from
Spruce Saddle restaurant.
BEAVER u<rx.;tC MOUNTAIN FACT Shur,:
3-3-3
Beaver Creek has six mountain hosts to assist and
give information to guests.
Grooming reports are posted at the bottom of chair
6, bottom and top of chair 12, Spruce Saddle and the
top of the mountain.
Overnight ski storage in locked areas is available
at the base of Beaver Creek.
ON MOUNTAIN FOOD SERVICE: McCov's Bar and Restaurant: Cafeteria-style
breakfast and lunch, ap.Lcs ski cocktails, hors
d'oeuvres and entertairnment. Patio barbecue in the
spring.
Spruce Saddle Restaurant: Located mid-mountain and
offers cafeteria-style dining, storage lockers and
convenience facilities. Outdoor barbecue at Spruce
Saddle in the spring.
Rafters: At Spruce Saddle, table service restaurant
provides leisurely lunches in a relaxing atmosphere
with spectacular views of the Gore Range and Eagle
Valley.
Beano's Cabin: This custom built rustic log cabin is
set in Larkspur Bawl in the midst of the White River
National Forest. Sleigh rides to Beano's Cabin
depart from the Inn at Beaver creek at 5:15 p.m. and
7:15 p.m.
Red Tail Camp: Located at the base of Chairs 9 and
11, Red Tail Camp is a small warming but with an
outdoor barbecue deck in the spring.
Special picnic decks are located at the top of.Chair
12 and in the woods off "Gold Dust" - locations marked
on the mountain map.
SHOrr.u1G AND DINING: Over 20 restaurants and shops offer a wide variety of
both shopping and dining at Beaver Creek Resort which
is patterned after a European-style pedestrian
village.
TRAVEL BANK: This press kit is accessible via c~dnvater through
the Colorado Travel Bank. The modem phone number is
(303) 671-7669 and the office phone number is (303)
320-8550.
FOR IMMEDIATE PFTFASE
Spring 1989 _
Vail Associates, Inc.
P. O. Box 7 - Vail, Colorado 81653
Vail (303) 476-5601
Beaver Creek (303) 949-5750
Fd FAX (303) 949-5750, ext. 3012
Media contacts:
Pat Peeples 949-5750, ext. 3410
Betsy Farny 949-5750, ext. 3403
VAIL'S SEVEN'T'H HIGH-5rri u LINKS LIONSHEAD, MID-VAIL AREAS
VAIL, Colo. As part of Vail's continuing cxmmmitment to providing the
finest skiing experience in the world, this smmier Vail Associates will install
a seventh high-speed quad chairlift as an "intraconnect" between Lionshead and
V
mid-Vail.- The newest high-speed quad will create quicker, easier access to a
series of runs in the Avanti/Pickej_w,,,, area that were once the most popular
long intermediate runs on Vail Mountain.
The new Avanti Express lift is part of a.$7 million mountain
Lvi-avenveants plan being implemented at Vail this summer. The new high-speed
quad will replace the Avanti Lift and Upper Mid-Vail Lift (both fixed--grip
double chairs) in the Avanti/Pickeroon area, and take skiers to the top of
Eagle's Nest Ridge where they can quickly access Game Creek Bowl, the Mid-Vail
area and the rest of the Avante/Pickeroon area. It also "BLS up a second
high-speed route out of the Valley when skiers use the Born Free Express from
LionsHead to the Avante Express.
"We believe the new lift will reintL._dace skiers to some of the best
terrain on the mountain, which hasn't been skied as much in recent years with
the addition of high-speed quads in other, areas," said Larry Lichliter,
executive vice p,,-sident of mountain operations for Vail Associates. "It will
also encourage skiers to take alternative lifts to the Vista Bahn and Gondola
to access the upper mountain."
"The Avanti Exk,ic-.Ss really adds a lot to our already vast network of
state of the art high-speed lifts," said Mike Shannon, president of Vail
Associates. "Now skiers will literally be able to ski the entire mountain and
F ride only high-speeds if they choose to."
Vail now has more than twice as many high-speed quads as any other ski
Q resort in North America.
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1989 WORLD ALPINE
SKI CHAMPIONSHIPS
\AIL/BEAVER CREEK
s.
2-2-2
Skiers will now be able to take either Chair 1 fj-,4« Vail Village or the
Born Free Express LL"« the base in. Lionshead to the Avanti E>,,,,~,.-ss and reach
the top of Vail's f.Lv..t side with li,Lj,~.cedented ease. The Avanti Express lift
will drop skiers at the top of The Meadows on Eagle's Nest Ridge, giving them
fast and easy ac---s to: Game Creek Bowl via the Deuces Wild, Faro and Ouzo
runs, and the Mid Vail area, as well as the rest of the Avanti/Pick,",-,on area.
In addition to the new express lift, trail work to ilLV~~,re beginner
access and overall skier circulation will be made in the area of the new Avanti
lift, and snowmaking will be added to the steep faces of the Avanti and
Pickeroon runs. The "Minturn Mile" run from Patrol Headquarters to Eagle's
Nest Ridge will be graded so that skiers will no longer need to take Chair 3 to
reach Lionshead from the top of Vail Mountain. -
Due to China Bowl's hugely sucrp-zsful inaugural season last year, Vail
Associates will increase the uphill capacity on the orient Ex,,.,.LCSS Lift f~%-),«
2,400 to 2,800 skiers per hour. Additional grading will i_v-,,se skier access
ii.Qiu the top of the Orient Express Lift to the Chair 14 cutoff.
For more information on Vail and Beaver Creek Mountain improvements,
contact Vail Associates public relations at (303) 949-5750.
-30-
FOR UIME DIATE RELEASE
Spring 1989
e
Vail Associates, Inc.
PO. Box 7-Vail, Colorado 81638
Vail (303) 476-3601
Beaver Creek (303) 949-3730
FAX 1303) 949-3730, est. 3012
Media w. iLacts s
a Pat Peeples 949-5750 ext< 3410
Betsy Farny 949-5750 ext. 3403
SAir -,S BOWLED OVER BY NEW A VF-1MTpE SKIN?G AT VAIL
VAIL, Colo. Vail nearly doubled its skiable terrain this season when
it ujj=,ed lift access to four expansive new powder bowls on the back side of
the mountain.
Skiers will now find 1,881 acres of adv=,Lare skiing in China, Tea Cup,
Siberia and Mongolia Bowls. In the early 1960s, Vail distinguished itself from
other ski resorts with unparalleled bowl skiing in Sun Up and Sun Down Bowls,
the two original back bowls. Before Vail Mountain even d&,-&,ed for skiing,
potential investors were taken into the bowls by snowcat for powder skiing.
Reports say scene pulled their checkbooks out on the spot.
The latest bowl expansion is no less pyNalar. Hundreds of thousands of
people rode the new orient Exr.LGss Lift and Mongolia Surface Lift and sampled
' the new bowl skiing last season. Vail's new bowls collectively exceed the
size of any other Colorado ski area.
"Part of the reason the China Bowl expansion area is so popular is that
a good portion of the terrain appeals to intermediates and we've yi w,ued
those runs to give skiers the option of whether or not to ski natural snow
conditions," said Mike Larson, mountain planner for Vail Associates, Inc.
"We were fortunate to already have the best bowl skiing in North
America," said George Gillett, owner of Vail Associates. "To be able to
double that by adding only two lifts was an .,,pj,v~Lanity we couldn't afford to
pass up."
For the uninitiated, bowl skiing generally affords skiers limitless
options for routes to ski, with long treeless runs as one excu,vle, and glades
(well spaced trees) as another. Natural snow conditions generally distinguish
the bowls; however, selected intermediate runs are groomed ~Gyalarly.
-30-
1989 WORLD ALPINE
0 SKI CHAMPIONSHIPS
~M VAIUBEAVER CREEK
FOR IMMEDIATE RELEASE:
Spring 1989
Vail Associates, Inc.
P O Box 7 - Vail, Colorado 81658
Vail(303)476-5601
Beaver Creek(303)949-5750
Media Contacts: FAX (303) 949-5750, ext. 3012
John Dakin (303) 476-9500
VATT TO HOST 'TWO WOMEN'S ~Vut<LD CUP RACES IN DECEMbtK 1989
VAIL, Colo. Vail has been awarded both a women's World Cup giant slalom
and supr"- giant slalom for December 2-3, 1989.
Vail will host the international races on Ledges/Columbine/International
runs on Vail Mountain. The same runs have been used for World Cup racing since
1983 as well as for the 1989 World Alpine Ski Championships.
"We are delighted to know the racing tradition will continue in the Vail
Valley," said Bob Knous, president of the Vail Valley Foundation, which has
v~yanized all picJious World Cup events as well as the World Championships.
"And it is a tribute to those in the valley who prepare these events that Vail
again has been chosen."
The Vail races are part of a nine-race series in the United States that
will vVr_.,, the 1989-90 World Cup circuit for both men and women. After opening
in Park City, Utah, with men's and women's slalom and giant slalom races, the
women will came to Vail while the men will travel to Waterville, N.H.
Following the Vail events, the women will continue to Steamboat Springs, Colo.
for a downhill and a slalom.
The U.S. sites were chosen by the U.S. Ski Association, which submitted its
selections for final app.Luval to the International Ski Federation (FIS)
CG„y.=;ss in June in Yugoslavia.
Vail was chosen in part because of its ability and commitment to extensive
snowmaking to ensure the races will come off as scheduled. Snowmaking is
available top-to-bottom on the women's courses.
Social activities highlighting the racing will be Vail's annual fundraising
= event, the Crystal Ball, and Pepi's Wedel Weeks, hosted by former Austrian
racer, Pepi Gramshammer.
For more information, contact the Vail Valley Foundation (303) 476-9500.
-30-
19+9 \ti'ORLD ALPINE
SKICHAMPIONSHIPS
N VAIL/BEAVER CREEK
" FOR IMMEDIATE RELEASE:
tir Spring 1989
r.„
Vail Associates, Inc.
P0. Box 7- Vail, Colorado 51653
Vail(303)476-5601
Media Contacts ° Beaver Creek (303) 949-5750
° FAX(303)949-5750, ext. 3012
Pat Peeples (303) 949-5750, ext. 3410
Betsy Farny (303) 949-5750, ext. 3403
k C 11Aui-,u1 ° S SKIING L ui- rra<. MOUNTAIN ADVENTURE TRAILS INCREASE EXu-L- r ICI' FOR
KIDS AT VAIL. BEAVER L;tttxA,,
VAIL, Colo° Last season, Vail completed the new Golden Peak
Children's Skiing Center and doubled the Children's Mountain adventure trails,
underscoring Vail's commitment to families and children.
The Golden Peak Children Center, a 12,000 square foot base facility
for children's ski school, rentals and nursery, opened last Christmas. The
Center was designed specifically with children and child-care in mind.
Children use a system instead of culnberscme stairs to get to their
specific Nivyicuu areas and the ski slopes.
The facility comfortably handles 15 infants and 55 toddlers and
preschoolers in the nursery, as well as 200 3-6 year olds and 250 6-12 year
olds in the ski school &.Lw9.La,t, on any given day. In addition, there is also a
children's ski L,~,.l.al shop, a special Ni%.+yicut= L.%a~ut for various children's
v
y.LQaps, storage for handicapped skier equipment and a small kitchen for the
daily preparation of lunches and snacks for the toddlers and 3-6 age groups.
The Children's Mountain adv=,Lares first opened two seasons ago and
have received a tremendous reception ~.LVJ,« kids of all ages. New attractions
last season included Pete's Pit, where mining character Sourdough Pete searched
for gold, and a Magical Forest, where the Indian Twins talked to the animals.
These mountain attractions were woven into early western adventure
stories written by the Denver Children's Museum and local children's book
writer and illustrator John Alderson.
Ski instructors and their classes join costumed western characters in
retracing the story,.~k character's steps at Vail as they try to solve the
riddle of the Dragon's Tale in their quest for "the greatest treasure of them
all," skiing. The second half of the story takes place at Beaver Creek
where ski school classes follow along with Buckaroo Bob and Red Buffalo as they
hunt down the roughest, meanest outlaws in the Colorado West.
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1989 WORLD ALP I N E
® SKI CHAb4PIONSHIPS
00 VAIL%BEAVERCREEK
~1111..fL~i~
2-2-2
Illustrations of the exploits of stonL,.,k characters Sourdough Pete
and Jackrabbit Joe, central characters of the Children's Mountain ski-through
adventures, are exhibited in the Golden Peak Children's Skiing Center.
The fun continues into the evening for children at Vail and Beaver
Creek at the successful Kid's Night out dinner theater N.L,.,y.La,«, which gives Mom
and Dad an evening off. The entire family can participate in the Family Night
Out N~~y.La.«. Each yu.vyLCUU includes a performance by the Beaver Creek
Children's Theater and a chance for pictures with Sport Goofy.
For more information on the children's p.Lwy.Lams at Vail and Beaver
Creek, contact the Vail Associates, Public Relations at (303) 949-5750.
-30-
?'FOR. DvMEDTATE RELEASE
Spring 1989
Vail Associates. Inc.
"r P O. Box 7 -Vail. Colorado 81658
Vail (303) 476-5601
Beaver Creek (303) 949-5750
a- FAX 13031949-5750. ext. 3012
F
VI
Media Contacts
Pat Peeples (303) 949-5750, ext. 3410
Betsy Farny (303) 949-5750, ext. 3403
u,
6, rhr-L Or r r vS POWup-K WEEKS IN ADDITION TO TRADITIONAL Wt ut- WEEKS
VAIL, Colo. Former Austrian ski racer, Pepi Gramshammer will offer
a new concept in ski weeks this year - Powder Weeks - in addition to his
traditional Wedel Weeks.
At the request of many Wedel Week paxtcipanis Pepi decided to start
i
a powder skiing program. Powder Weeks offer a similar experience as the Wedel
Weeks do of intensive skiing with committed skiers. With Vail's sun up, sun
Down, Tea Cup, China, Siberia and Mongolia Bowls, there is no ski area in the
United States with such great powder skiing. Instruction will be )?iuJided by
the Vail/Beaver Creek Ski School. In addition to the "Bowls", optional powder
excursions by snowcat or helicopter will be available.
Pepi will continue to offer three sessions of Wedel Weeks this
December in conjunction with the Vail/Beaver Creek Ski School. Wedel Weeks are
one of the most -."u&.Lchensive and elegantly presented early season ski warm-up
rivyicuuS in the country. New this year will be the option of lodging in the new
Hyatt Regency Beaver Creek.
Gramshammer adopted the Wedel Week concept iiwu his native country,
Austria. Austrian ski resorts develyj-~ "Wedel Wochen" as a means to get
skiers off to a good healthy start each season. The term "Wedel" refers to a
type of short, stylized ski turn made famous by Gramshammer's countrymen.
During the week, participants work on carved turns, Wedel turns, mogul
skiing and slalom and giant slalom training as well as any specific problems
each skier has. If the weather r,ct,«its, skiers take time off to enjoy powder
skiing. Six days of skiing, Nc.L..onal ski instruction and video taping with
review sessions help each skier to i,iv.L",re his technical skiing ability so that
he can enjoy the rest of the ski season.
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1989 \\'ORLD ALPINE
SKI CHAMPIONSHIPS
®N %AIL/6E--\VERCREEK
~l
Wr,ur,L, AND POWur,( W=
2-2-2
"Wedel Weeks and Powder Weeks are comparable to a tennis camp
CULL/ 11 explained Gramshan ner. "There is a strong instructional element in a
social envi~,..,,„«ent with other activities and serious skiers. We have a lot of
fun. "
There are three Wedel Week sessions which run Z.L"u November 26 to
December 3, December 3-10 and 10-17. The cost is $1,040 person double
occupancy or $1,265 per person for singles. The price includes lodging at
either the Lodge at Vail, The Sonnenalp Hotel or the Gasthof Gramshanmer in
Vail or the new Hyatt Regency at Beaver Creek. A welcome reception and buffet,
continental breakfasts, ski instruction, and lift tickets are all included.
The N~k-Aj.LCU« also features special ski tips and film presentations, a Raclette
Party, a giant slalom race, Bogner fashion show and farewell dinner.
There are two Powder Week. sessions LL,-nu January 6-13 and 13-20. The
cost is $1,166 per person double occupancy or $1,400 per person for singles.
The price includes lodging at either the Lodge at Vail, The Sonnenalp Hotel or
the Gasthof Gramshazmner in Vail or, the new Hyatt Regency Beaver Creek. Also
included are a welcome reception and buffet, daily continental breakfasts,
Raclette Party and Bogner fashion show, farewell dinner, ski instruction,
video-taping, and lift tickets for-, the week.
Sponsors for this year's weeks include: Blizzard, Bogner, Bolle,
Citicorp Diner's Club, Maser, Nortli.ca, Snow Country Magazine, United Airlines
and Vail Ale.
For more information, call Pepi's Travel Desk at 1-800-445-8245
(outside Colorado), 1-800-433-8735; (inside Colorado) or (303) 476-5626 for
general information.
-30-
FOR IMMEDIATE RELEASE: -
Spring 1989-
Vail Associates, Inc.
P .O. Box 7-Vail. Colorado 31658
Vail(303)476-5601
Bearer Creek(303)949-5750
FAX (303) 949-5750, est. 3012
Media Contacts:
Pat Peeples (303) 949-5750, ext. 3410
. Betsy Farny (303) 949-5750, ext. 3403
VAIL AND BEAVER catL~ ABOUND WITH WIN'.LtK Aul'1V1'1'1r:S
VAIL, Colo. The winter enthusiast will find a multitude of winter
' ..~.Lts and leisure activities to choose from at Vail and Beaver Creek Resorts.
In addition to the great alpine skiing offered at Vail and Beaver Creek, the
following are a sample of the activities available for guests.
For the past two seasons, a favorite nighttime activity was taking a
moonlight sleigh ride to Beano's Cabin on Beaver Creek Mountain for dinner.
Guests choose one of two seatings, one at 5:15 p.m. and one at 7:15 p.m.
They meet at the Inn at Beaver Creek where they are served hot chocolate and
peppermint schnapps before wing one of two 42-passenger sleighs which take
them to Beano's Cabin. once at the cabin, located in the White River National
Forest, guests enjoy western cuisine prepared by a Culinary Institute trained
chef. Plenty of live entertainment is offered before guests Lc-Larn home on
A
sleigh.
Reservations for Beano's Cabin sleigh rides may be made through the
Beaver Creek Activities Desk at (303) 949-5750, ext. 4636.
The sound of sleigh bells on the horses and the crisp mountain air
make for a memorable experience on Steve Jones' Sleiah Rides on the Vail Golf
Course. Rides are offered at 4:30, 5:30, 6:30, 7:30 and 8:30 p.m. nightly.
Dinner is optional at Satch's Restaurant and special sleigh ride/dinner
packages are available. For more information, call 476-8057.
gw- During the ski season and summer, more than 10,000 visitors a year
3r
skate at the John A. Dobson Ice Arena in Lionshead. Public skating sessions,
,`sry private lessons, action-packed hockey tournaments, figure skating sessions,
concerts, private parties and special events are some of the many activities
offered. The arena is located between Vail Village and Lionshead and is served
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N89 WORLD ALPINE
® SKI CHtWPIONSHIPS
~01 %AIL%BE-\VERCREEK
Al:l'1v1'1' i r G
2-2-2
by the free town shuttle.. Skate rentals are available. For children, the ice
arena offers y~~up, private and figure skating (patch and freestyle) lessons.
For more information, call (303) 479-2270.
Visiting teens and local youths can mix at their own eating facility
in Lionshead. The newly remodeled Teen Cafe and HanctOut rey.~..,ed in the
spring of 1987 for youths from 6 to 19 years of age. The Hang-Out offers pool
tables, foosball, rocket hockey, video games and music, while The Cafe dishes
up sodas, snacks and light meals. The hours are Sunday through Thursday 3
p.m. to 10 p.m. and Friday and Saturday ~.LQ.L,t 3 p.m. to midnight. For more
information, call (303) 479-2292.
Snowmobile and snowcat tours are activities for those who can never
get enough of the outd,,~., in the Rockies. Special wildlife tours and scenic
hot air balloon rides are also available. Reservations can be made through the
Beaver Creek Activities Desk at (303) 949-5750, ext. 4636.
The Beaver Creek Activities Desk can also arrange for back country
snowcat skiing with Resolution Tours and for helicopter skiinq with Colorado
Heli-Ski.
For the ultimate snowcat experience, the plush China Bowl Cat may be
rented for weddings, moonlight tours, picnic lunches or the excursion of your
choice. For more information, contact the Beaver Creek Activities Desk.
Daily cross country ski lessons are offered by certified instructors
at the Vail Nordic Center at the Vail Golf Course. Cross country lessons are
also available through the Vail/Beaver Creek Ski School at Golden Peak or at
the touring center in Beaver Creek:, located in Strawberry Park at the base of
Chair 12. Snowshoe lessons are also available through the Vail/Beaver Creek
Ski School at Beaver Creek. Paragon Guides offers four to six-day trips along
the scenic 10th Mountain Division Trial hut-to-hut touring route. The huts are
comfortable and sleep up to 15. Call (303) 949-4272 for more information.
The Colorado Ski Museum, founded in 1976, showcases the history of
Colorado skiing and pays tribute to those individuals who have shaped the
skiing industry in the "Colorado Ski Hall of Fame." The museum is located
along the route of the free town shuttle bus between Vail Village and Lionshead
and is Qyr-,, Tuesday through Sunday from 12-5 p.m. Admission is $1 for adults,
$.50 for children 12-18 years of age and free for children younger than 12
years. The museum is available for private parties. For more information,
call (303) 476-1876.
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At-uaV1xitS
3-3-3
Many of the sculptures found in the Valley are made at the Battle
Mountain Bronze Foundry in Minturn. Opened in 1987, the Foundry uses the lost
wax process to cast jewelry pieces as well as lame sculptures. Special tours
showcasing their casting techniques are off,-..1 on Tuesdays, 'T'hursdays and
Saturdays at 10 a.m. and 3 p.m. The cost is $4.50 per person and reservations
may be made through the Beaver Creek Activities Desk at (303) 949-5750, ext.
4636.
Vail's three full-service athletic facilities offer swimming, tennis,
racquetball, squash, aerobic and weight classes and spa facilities. Eu.,, _an
spa facilities are also available. For more information, call the Cascade Club
(303) 476-7400, The Vail Athletic Club, (303) 476-0700 or the Vail Racquet Club
(303) 476-3267.
The dining and evening entertainment Qpi-,rtunities are also
unsurpassed. It is hard to resist Vail's epicurean delights when more than 90
restaurants fill the streets of Vail serving French, Nouvelle, Tyrolean,
American, Chinese, Mexican, rh,.L.an and Creole specialties. Of course, there
are also quick and inexpensive restaurants to choose Z.L%J1« as well.
A variety of night life activities ranging live music, dancing,
discos, movies or cozy fireside lounges are some of the options to end a
perfect day.
For information on winter activities offered in the Vail Valley,
call the Beaver Creek Activities Desk at (303) 949-5750, ext. 4636.
-30-
FOR IM=IATE RELEASE
Spring 1989 6
_ Beaver Creek Resort
Post Office Box 915
Media contacts ° Beaver Creek, Colorado 81620
Phone: (303) 949-5750
- Pat Peeples 949-5750, ext. 3410
Betsy Farny 949-5750, ext. 3403 Owned and Operated by Vail Associates, Inc.
ENHANCED OUA= OF SKIING 5.1xr:13SF;T) TN S4M T AT BEAVER l -Ktxr
BEAVER Colo. Skiers of all ages will notice the $4 million in
i1LL.PL"Vem,ents being I-IALVleted here in time for the earning ski season, all part
of Vail Associates' plan for making Beaver Creek the most elegant choice for a
family winter vacation.
A new beginner area will be created with the opening of a double
chai.rlift in the east Haymeadow area. The new lift, East Haymeadow Lift, will
carry skiers from a base terminal near The Meadows and Highlands Lodge to a
location near the top of the existing Haymeadow Lift. This will open up easier
access to terrain which will be used by the ski school to instruct beginners.
An LvLuvement even more noticeable to the majority of skiers will be
the vastly ui_-_3L«ded snowmaking system. Coverage will be increased 1LQ.LtL 190
acres to 243 a~j_W, and even more importantly, the output of the snowmaking
system will be doubled, insuring quicker and more abundant coverage.
"We will be significantly i.1LLJJLuving the quality of the skiing here
e~t_~-_cially in November and early December," said Jerry Jones, president of
Beaver Creek.
With the addition of snowmaking coverage on Gold Dust, Moonshine, and
the latigo runs and to the area around Spruce Saddle, skiers will now have
three off-mountain routes cov,::.L,_-1 by snowmaking.
Families will find that getting the children out on the slopes will be
a lot easier this season with the newly-expanded Beaver Creek Children's Skiing
Center w-vlete with a rental shop.
For more information on Vail or Beaver Creek mountain i,LVLovements call
Vail Associates public relations at (303) 949-5750.
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® 1989 WORLDALPINE
SKI CHAMPIONSHIPS
UA1L/BEAVER CREEK
t
FOR IMMP~lilATE RELEASE
Spring 1989 (40-
Beaver Creek Resort
Post Office Box 915
Beaver Creek Colorado 51620
Phone: (303) 949-5750
Media contacts: Owned and Operated by Vail Associates, Inc.
Pat Peeples (303) 949-5750, ext. 3410
Betsy Farny (303) 949-5750, ext. 3403
NEW 965M HYATI' TO RFCnME AWFOR OF BEAVER ~:rtr r:lt VILLAGE
BEAVER ut~, Colo. When the new 300 4.~I"« Hyatt resort hotel opens
this December, it will bring a level of round the clock service and amenities
never before seen at the resort.
The plush European mountain lodge will include 10 condominiums, an
extensive health and "
p«U gyring1° spa, and concierge services, in keeping with
the tt°s ongoing commitment to the development and operation of fantasy
resort destinations around the world.
"Hyatt Regency Beaver Creek will be our first ski-in/ski-out resort
a=
N.LyNerty, offering skiers as well as non-skiers services and activities that
they've never experienced before," said Hyatt president Darryl
Hartley-Leonard. Those services will include the guest handing his skis to a
"ski-concierge1° at the entrance to the hotel, who will have the skis waxed,
edges tuned and boots warmed and ready for the next morning.
Located in the heart of Beaver Creek Village, the Hyatt is the only
truly ski-in/ski-out full-service hotel. The Hyatt also includes a retail
complex at mall level and a conference facility with more than 23,000 square
feet of meeting space, including a 10,200-square-foot ball!. ,A,, with dU,~~ that
open onto the slopes.
Guests will dine at the hotel's 150-seat full-service restaurant,
offering a spectacular mountain view. Also featured will be an 80-seat lobby
bar and a 125-seat entertairmlent lounge that will open onto a patio with
outdoor barbecue and fire pits.
-more-
1989 WORLD ALPINE
SKI CHAMPIONSHIPS
® VAIL/BEAVER CREEK
HYATI'
2-2-2
The hotel's indoor/outdoor heated swimiing pool will be slopeside, with
a view of Beaver Creek Mountain. It will have a heated deck and five outdoor
spas. Inside, one of the main highlights of the hotel will be its
4,800-square-foot health spa specializing in massage, facial and other beauty
treatments and featuring exercise equipment, a steam room and an aerobics room
as well.
Hyatt cLu.L.,tly operates -two hotels in Colorado; Hyatt Regency Tech
Center in southwest Denver and Hyatt Regency Denver, located downtown.
East West Partners of Vail, Colorado are the owners and developers of
the new Hyatt hotel. The general contractor is G.E. Johnson of Colorado
Springs; the architect is Hornbe~,.j,:.. Worstell & Associates of San Francisco.
The hotel will be operated by Hyatt Hotels C~_,,&"~ation, Chicago.
-30-
r
. FOR III =TATE MEASE: '
Spring 1989 •
k
Beaver Creek Resort
F` Contacts. Post Office Box 915
Media
Beaver
Peeples (303) 949-5750, ext. 3410 Creek. Colorado X1620
Betsy Farny (303) 949-5750, ext. 3403 Phone: (303) 949 5750
Owned and Operated by Vail Associates. Inc.
TRArrrstc' S CABIN ALUJRFS GUESTS WITH TRANCUI= AND SERVICE
BEAVER citb.K, Colo° The tranquility and jmpeccable service at
Beaver Creek Resort's Trarlr's Cabin have made this mountaintop retreat a
dream vacation
vail Associates, Inc. built the log cabin the fall of 1987 on a ridge
between Beaver Creek Resort and ALL`,~head, j,-.-,,aiding guests a picturesque view
r of both mountains, the McCoy Park crass country track system and the
spectacular Gore Range. Its location offers some of the best cross country and
i downhill skiing anywhere.
The emphasis is on service and relaxation fL%A,, the moment the guests
arrive at the rustic, yet civilized, cabin. Baggage is delivered by snowmobile
and placed in the apNLypriate roam before guests arrive. A gracious
~b
cabinkeeper will serve as host, bartender and clean-up specialist during their
stay. A culinary-trained chef pLCpares the gourmet meals and appetizers.
Guests will aNNLeciate the absence of a telephone, television or radio at
Trapper's. More sublime forms of entertainment like a player piano, a
crackling fire, a good novel from the library, games and of course,
conversation are offered. More active guests may want to take a snowshoe walk
or a moonlit ski tour.
A typical one night stay might go like this: guests book reservations
through Beaver Creek Resort and are instructed to check their baggage with the
bellman at the Inn at Beaver Creek near the base of Chair 12° Guests are free
then for the rest of the day, and are instructed to meet their cabinkeeper at
The Inn at Beaver Creek at 3 p.m. He then escorts them to Trapper's and
welcomes them with champagne and a cabin tour.
After settling in, guests may choose to dip into the outdoor "hot
therapy tub," and be treated to cocktails and an array of delicacies like
smoked rattlesnake and trout, and buffalo salami, along with more traditional
appetizers.
--more--
3 1989 WORLD ALPINE
® SKICHAiPIONSHIPS
VAIL/BEAVER CREEK
TRArrrtt' S CABIN
2-2-2
Meanwhile, the Trapper's chef is skillfully preparing dinner entrees
which guests have pre-selected. Dinner is served family-style around a large
table, and.fine wine and coffee are served.
Following dinner, guests may want to slip into the terry robes that
are p~,_,vided, and bask in the glow of the fire in the living Again, they
are free to enjoy the tranquility of the cabin as the caretaker cleans up after
the meal and prepares midnight snacks like sandwiches and cookies. Before he
leaves, the cabinkeeper finds out when the guests would like breakfast in the
morning.
Breakfast will include, along with many delectable dishes, freshly
squeezed orange juice, premium coffee and Bloody Marys. The cabinkeeper will
N.LQVide guests with cookies to munch on as they ski or as they relax through
the morning.
Lunch reservations will be held for the guests that day in the
Trapper's Room at Beano's Cabin, and for those guests who instead decide to
embark on a cross country tour, a gourmet lunch will be r.Luvided. Either is
included in the price of the stay.
That afternoon, guests are free to ski, snowshoe, relax or sightsee,
and may pick up their luggage at -the Inn at Beaver Creek at the end of their
stay. If guests are staying a second or more nights, the same schedule is
repeated.
Trapper's Cabin can accommodate up to ten people and has one bedroom
with twin beds, one bed,_.w„, with a queen size bed, one bedroom with two double
beds, a den, and four bathrooms. The cost is $1400 per night with a four
person minimum. Each additional person is $350.
For reservations or information, call Beaver Creek Resort at (303)
949-5750, ext. 6206.
-30-
FOR IMMEDIATE RELEASE:
Spring 1989
- . D'o-
= Media Contacts: Beaver Creek Resort
Pat Peeples (303) 949-5750, ext. 3410 Post Office Box 915
Betsy Farny (303) 949-5750, ext. 3414 Beaver Creek, Colorado 81620
Phone: (303) 949-5750
s
Tf1KN;N; CoMpI,= TTFT/L(JIX=TNG PACE,GES MAKE BOOKING VAIL/BEAVER Owned and Operated by Vail ,Associates, Inc.
u-? r EASY
HEAVERColo. Three distinct lift and lodging packages
available through Vail/Beaver Creek Reservations offer a complete and
convenient ski vacation.
Value Season runs f,_"« yj_-ang day at Vail and Beaver Creek, November
22, through December 21, and then again January 2 through February 2, 1990 and
March 31 through April 15, 1990, and offers the lowest possible winter rates.
During the value season, a package including 3-nights lodging/3-days
lift tickets starts at $192 per person in Vail (based on double occupancy,
taxes not included), $223 in Avon, and $275 in Beaver Creek.
A 5-nights/4-days skiing package starts at $281 per person in Vail,
$334 in Avon and $419 in Beaver Creek during Value Season. A 7-nights/6-days
skiing package during Value Season in Vail starts at $396, in Avon at $468, and
in Beaver Creek at $588 per person.
The three packages are also available at normal rates during Regular
Season, which runs February 3 through March 30, 1990, and during Holiday Season
December 22, 1989 through January 1, 1990.
One call to Vail/Beaver Creek Reservations' toll free number sets up
an entire vacation, including air and y~"anl transportation, lift tickets,
lodging and a wealth of activities off the slopes. Travel agents have their
own toll-free number to reach reservation, 1-800-237-0643. General consumers
may call 1-800-525-2257 to talk to a reservationist. Groups of 25 or more may
call group reservationsits about special lift ticket rates and y,_~ap activities
at 1-800-525-2257.
For more information on packages and booking a trip to Vail or Beaver
Creek, call 1-800-525-2257, and for more information on activities or events,
call the Beaver Creek Activities Desk at (303) 949-5750, ext. 4636.
-30-
1989WORLDALPINE
SKI CHAMPIONSHIPS
VAIL/BEAVER CREEK
r,
FOR IT=IATE PrTVASE
Spring 1989
Beaver Creek Resort
Post Office Box 915
Beaver Creek, Colorado 81620
Phone:(303)949-5750
Media Contacts : Owned and Operated by Vail Associates. Inc.
Pat Peeples 949-5750, ext. 3410
Betsy Farny 949-5750, ext. 3403
r RECORD SALES. CONSTRUCT_CON SIGNATIq ECONOMIr Pn M IN BEAVER C=
BEAVER t_ar , Colo. P-1 estate sales here reached a record-breaking
$98.5 million last ski season, and the sales activity promises to continue as a
o„ record $222 million worth of constriction N.Lw~ects were underway in the spring.
r A full 98.8 percent of the resort's residential units ready for
} occupancy w=j-c sold by the April closing of the ski season, and offers had been
- made on the last two rlQe=.LLies. Pre-construction sales for the resort are at
68 percent. Within one week of the N.Ljject's announcement, an Lv.Lcssive 11 of
36 condominiums had sold pre-construction at the $21 million Highlands
Slopeside, the latest N.LLject by successful Beaver Creek develj&=,L East West
Partners.
"What's happening here is that people are seeing the momentum building
in Beaver Creek and want to jump on Y,---d," said Bob Buckley, vice president of
Vail Associates Real Estate.
Construction start-ups were at an all-time high this spring, each
&.Luject meeting or exceeding the strict architectural and zoning guidelines set
by Beaver Creek Resort. Several p.Lv3ects continued construction straight
through the winter months, including the new 300-.~,_,"« $65 million Beaver Creek
Hyatt Regency, the $12 million 30-.Lu"« Highlands Lodge, the $5 million Ironwood
townhame project, and the $13 million 30-unit Strawberry Park condominium
P.Lvject, where only three units remain unsold. The Hyatt Hotel is set to open
this fall in time for the coming ski season.
Ground was broken this spring on eight new lodge, conference center,
condominium and townhome projects at Beaver Creek, and construction will be
completed on the new Hyatt, I.L",,jood Townhomes and Highlands Lodge, more than
doubling the bed base of Beaver Creek to 4,300 beds.
more-
1989'WORLD ALPINE
SKI CHAMPIONSHIPS
O'a VAIL/BF-WERCREEK
3 CONSTRUCTION
2-2-2
"We're thrilled that our stormier and winter guests will now have a full
compliment of a,_,~,ucdations from which to choose," said Jerry Jones, president
of Beaver Creek Resort.
The newest project under spring construction is the $26 million Beaver
Creek Lodge and International Conference Center, which will adjoin Beaver Creek
below the covered bridge in Beaver Creek village. The center is being
devel",_~d by Warner DevelopTents Inc. and will offer 2,600 square feet of
meeting space as well as a 70-room all-suite lodge featuring luxurious guest
accommodations.
East West Partners' incredible momentum is continuing beyond the
successful Meadows and Highlands ~,,L~,jec-ts to Greystone, the developers' first
resort residential 1,L,,ject. Last winter, 14 of the 15 luxurious homes planned
for a site nestled above the Meadows up against the slopes of Beaver Creek, had
sold pre-construction.
Vista Resorts broke ,1Luxx1 this spring on The Chateau, a lavish $20
million lodge with 23 well-ari.,inted units. The site is located due north of
The Pines project and will include 12 private residences priced individually at
appL~lLi.mately $1.5 million.
Construction continues on the second phase of The Pines townhome
j,L"ject, with seven of nine units sold pre-construction. All 12 units in the
first phase are sold. The European-style $15 million Pines Lodge also broke
,jLvand this spring.
construction is now ccmpleted on five new private resider-As in The
Enclave NL"ject, located along the golf course in Beaver Creek. Many more are
underway and will be completed before the ski season begins. The total Enclave
project is valued at $9 million.
"One of the reasons for the sales phenomenon at Beaver Creek is that
our buyers perceive the great value they're getting," said Buckley. "Prices
are generally less per square foot than in Vail, and the NL,_JNerties are newer."
For specific information concerning Beaver Creek real estate, contact
Vail Associates Real Estate, the only full-service office in the resort, at
(303) 949-6400.
-30-
FOR IMMEDIATE FF7 FASE
Spring 1989 ~t
Media contacts. Beaver Creek Resort
Pat Peeples (303) 949-5750, ext. 3410 Post Office Box 915
Betsy Farny (303) 949-5750, ext. 3403 Beaver Creek. Colorado 81620
Phone: (303) 949-5750
Owned and Operated by Vail .Associates. Inc.
NEW r u,u1G SPACE TO ur r r K ULTIMATE MOUNTAIN COli 1, =,(uICE EkrrA,=CF
t
BEAVER rcr,rr;, Colo. With the opening of the new 300-1....e... Hyatt
Regency Hotel in. Beaver Creek in November, and the developn-tent of several other
prime confc.Lc...ce facilities, the Vail Valley is well on its way to becoming the
IJ.Lc..Liere mountain conference location in the country.
Canning on-line with the new Eu.LQ&=an lodge-style Hyatt will be 23,000
square feet of luxurious and flexible meeting space, some of it in the existing
Village Hall adjacent to the Hyatt, and some in the new hotel.
Last winter, the Westin Hotel Vail completed a massive expansion which
created 26,000 square feet of meeting space in a spectacular new conference
center which can handle yivaps of up to 800.
Construction began this spring on the new Beaver Creek Lodge and
' Executive Conference Center, which will include 70 suites and 2,600 square feet
of luxurious executive meeting space. It will also include a health spa and
restaurant on the JJir~aises.
Some 1,800 square feet of executive meeting space is also planned for
The Pines Lodge, an elegant lodge now under construction high on the western
hillside at Beaver Creek. It is slated for completion in the summer of 1990.
The Inn at Beaver Creek, located steps f~~« the Strawberry Park lift, has 1,800
square feet of meeting space.
Beyond world-class skiing, Beaver Creek offers conference attendees a
variety of other fun jl ,~ap activities, such as sleighrides to Beano's Cabin on
Beaver Creek mountain for an authentic western-style dinner and entertainment,
winter wildlife tours by snowcat, or snowmobiling and snowshoeing. Gourmet
cross country ski tours are also very popular with y,_uaps.
For more information on booking a confer c..ce at the new Hyatt Regency
in Beaver Creek, contact the Hyatt sales office at (303) 949-1234. For
information on booking a conference at one of Vail or Beaver Creeks' many other
conference locations, contact Vail/Beaver Creek Reservations, and ask for the
yJ_vap reservation desk, at 1-800-525-2257.
-30-
1989 WORLD ALPINE
SKICH.-IiNtPIONSHIPS
VAIL/BEAVER CREEK
CONVENTION/COlvrr. <,n4CS FACILLL•t•1r,S
VAIL
Name Capacity/Size Year Round
1. Marriott's 1,000/15,696 sq. feet yes
Mark Resort
2. Westin Hotel 800/2;6,000 sq. feet yes
Vail
3. Manor Vail 500/6,700 sq. feet yes
4. The Lodge 400/6,800 sq. feet yes
at Vail
5. Holiday Inn/ 250/2,268 sq. feet yes
Gateau Vail
HEAVER Lt=. K RESORT
1. Hyatt Regency 1,600/23,000 sq. feet yes
at Beaver Creek
2. Inn at Beaver Creek 70/1,800 sq. feet yes
3. Beaver Creek Lodge
and Conference Center* /2,600 sq. feet yes
*Presently under construction with. expected ~„j-,letion sumner 1990.