HomeMy WebLinkAbout1993-04-20 Support Documentation Town Council Regular Session E y
VAIL TOWN COUNCIL
REGULAR EVENING MEETING
TUESDAY, APRIL 20, 1993
7:30 P.M. IN TOV COUNCIL CHAMBERS
REVISED AGENDA
1. CITIZEN PARTICIPATION.
2. Appointment of 1 New Member to the Planning and Environmental Commission (PEC).
3. Ordinance No. 8, Series of 1993, second reading, an ordinance making supplemental
appropriations from the Town of Vail General Fund, Capital Projects Fund, the Real Estate
Transfer Tax Fund, Police Confiscation Fund, Heavy Equipment Fund, and 1992 Bond
Proceed Fund of the 1993 Budget and the Financial Plan for the Town of Vail, Colorado;
and authorizing the expenditures of said appropriations as set forth herein; and setting
forth details in regard thereto.
4. Ordinance No. 10, Series of 1993, first reading, an ordinance rezoning three tracts from
Hillside Residential Zoning, Section 18.09 to Greenbelt and Natural Open Space Zoning,
Section 18.38 within the Spraddle Creek Estates Subdivision, an approximately 40 acre
parcel located north and east of the main Vail I-70 interchange. The applicant is SBC
Development Corporation, a Colorado Corporation.
5. Proclamation No. 3, Series of 1993, a proclamation designating May 1,1993, as Law Day
U.S.A.
6. Executive Session: Land Negotiation.
7. Adjournment.
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THE NEXT VAIL TOWN COUNCIL WORK SESSION
WILL BE ON TUESDAY, 4/27J93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION
WILL BE ON TUESDAY, 5/4/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL EVENING MEETING
WILL BE ON TUESDAY, 5/4193, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS.
C:WGENDA.TC
VAIL TOWN COUNCIL
REGULAR EVENING MEETING
TUESDAY, APRIL 20, 1993
7:30 P.M. IN TOV COUNCIL CHAMBERS
REVISED EXPANDED AGENDA
07:30 P.M. 1. CITIZEN PARTICIPATION.
07:35 P.M. 2. Appointment of 1 New Member to the Planning and Environmental
Kristan Pritz Commission (PEC).
Action Reauested of Council: Based on the interviews conducted
April 13, 1993, vote to determine which individual will be appointed.
One PEC position is vacant. The term will expire in February,
1995.
Backaround Rationale: The candidates are Walter D. Allen, Rivers
A. Jardis, Donna M. Lang, Allison G. Lassoe, and Ken Sortland.
07:40 P.M. 3. Ordinance No. 8, Series of 1993, second reading, an ordinance
Steve Thompson making supplemental appropriations from the Town of Vail General
Fund, Capital Projects Fund, the Real Estate Transfer Tax Fund,
Police Confiscation Fund, Heavy Equipment Fund, and 1992 Bond
Proceed Fund of the 1993 Budget and the Financial Plan for the
Town of Vail, Colorado; and authorizing the expenditures of said
appropriations as set forth herein; and setting forth details in regard
thereto.
Action Reauested of Council: Approve/deny/modify Ordinance No.
8, Series of 1993, on second reading.
Backaround Rationale: At the March 23, 1993, Work Session,
Council approved a list of rollforward and other expenditures for
supplemental appropriation.
Staff Recommendation: Approve Ordinance No. 8, Series of 1993,
on second reading.
07:50 P.M. 4. Ordinance No. 10, Series of 1993, first reading, an ordinance
Mike Mollica rezoning three tracts from Hillside Residential Zoning, Section 18.09
to Greenbelt and Natural Open Space Zoning, Section 18.38 within
the Spraddle Creek Estates Subdivision, an approximately 40 acre
parcel located north and east of the main Vail I-70 interchange.
The applicant is SBC Development Corporation, a Colorado
Corporation. Colorado Corporation.
Action Reauested of Council: Approve/deny/modify Ordinance No.
10, Series of 1993, on first reading.
Backaround Rationale: Please see the CDD memo to Council dated
April 20, 1993.
1
Staff Recommendation: Approve Ordinance No. 10, Series of 1993,
on first reading.
8:05 P.M. 5. Proclamation No. 3, Series of 1993, a proclamation designating May
Buck Allen 1, 1993, as Law Day U.S.A.
8:10 P.M. 6. Executive Session: Land Negotiation.
7. Adjournment.
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THE NEXT VAIL TOWN COUNCIL WORK SESSION
WILL BE ON TUESDAY, 4/27/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION
WILL BE ON TUESDAY, 5/4!93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL EVENING MEETING
WILL BE ON TUESDAY, 5/4/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS.
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C:IAGENDA.TCE
2
VAIL TOWN COUNCIL
REGULAR EVENING MEETING
TUESDAY, APRIL 20, 1993
7:30 P.M. IN TOV COUNCIL CHAMBERS
AGENDA
1. CITIZEN PARTICIPATION.
2. Appointment of 1 New Member to the Planning and Environmental Commission (PEC).
3. Ordinance No. 8, Series of 1993, second reading, an ordinance making supplemental
appropriations from the Town of Vail General Fund, Capital Projects Fund, the Real Estate
Transfer Tax Fund, Police Confiscation Fund, Heavy Equipment Fund, and 1992 Bond
Proceed Fund of the 1993 Budget and the Financial Plan for the Town of Vail, Colorado;
and authorizing the expenditures of said appropriations as set forth herein; and setting
forth details in regard thereto.
4. Ordinance No. 10, Series of 1993, first reading, an ordinance rezoning three tracts from
Hillside Residential Zoning, Section 18.09 to Greenbelt and Natural Open Space Zoning,
Section 18.38 within the Spraddle Creek Estates Subdivision, an approximately 40 acre
parcel located north and east of the main Vail I-70 interchange. The applicant is SBC
Development Corporation, a Colorado Corporation.
5. Adjournment.
~k~~~~~~~~~~~~~
THE NEXT VAIL TOWN COUNCIL WORK SESSION
WILL BE ON TUESDAY, 4/27/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION
WILL BE ON TUESDAY, 5/4/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL EVENING MEETING
WILL BE ON TUESDAY, 5/4/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS.
~~~k~~~k~k~~~~~~~
C:UIGENDA.TC
VAIL TOWN COUNCIL
REGULAR EVENING MEETING
TUESDAY, APRIL 20, 1993
7:30 P.M. IN TOV COUNCIL CHAMBERS
EXPANDED AGENDA
07:30 P.M. 1. CITIZEN PARTICIPATION.
07:35 P.M. 2. Appointment of 1 New Member to the Planning and Environmental
Kristan Pritz Commission (PEC).
Action Reauested of Council: Based on the interviews conducted
April 13, 1993, vote to determine which individual will be appointed.
One PEC position is vacant. The term will expire in February,
1995.
Backaround Rationale: The candidates are Walter D. Allen, Rivers
A. Jardis, Donna M. Lang, Allison G. Lassoe, and Ken Sortland.
07:40 P.M. 3. Ordinance No. 8, Series of 1993, second reading, an ordinance
Steve Thompson making supplemental appropriations from the Town of Vail General
Fund, Capital Projects Fund, the Real Estate Transfer Tax Fund,
Police Confiscation Fund, Heavy Equipment Fund, and 1992 Bond
Proceed Fund of the 1993 Budget and the Financial Plan for the
Town of Vail, Colorado; and authorizing the expenditures of said
appropriations asset forth herein; and setting forth details in regard
thereto.
Action Reauested of Council: Approve/deny/modify Ordinance No.
8, Series of 1993, on second reading.
Backaround Rationale: At the March 23, 1993, Work Session,
Council approved a list of rollforward and other expenditures for
supplemental appropriation.
Staff Recommendation: Approve Ordinance No. 8, Series of 1993,
on second reading.
07:50 P.M. 4. Ordinance No. 10, Series of 1993, first reading, an ordinance
Mike Mollica rezoning three tracts from Hillside Residential Zoning, Section 18.09
to Greenbelt and Natural Open Space Zoning, Section 18.38 within
the Spraddle Creek Estates Subdivision, an approximately 40 acre
parcel located north and east of the main Vail I-70 interchange.
The applicant is SBC Development Corporation, a Colorado
Corporation. Colorado Corporation.
Action Reauested of Council: Approve/deny/modify Ordinance No.
10, Series of 1993, on first reading.
Backaround Rationale: Please see the CDD memo to Council dated
April 20, 1993.
Staff Recommendation: Approve Ordinance No. 10, Series of 1993,
1
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on first reading.
8:05 P.M. 5. Adjournment.
THE NEXT VAIL TOWN COUNCIL WORK SESSION
WILL BE ON TUESDAY, 4/27193, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION
WILL BE ON TUESDAY, 5/4/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL EVENING MEETING
WILL BE ON TUESDAY, 5/4/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS.
C:VIGENDA.TCE
2
Y
ORDINANCE NO. 8
SERIES OF 1993
AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL
GENERAL FUND, CAPITAL PROJECTS FUND,
THE REAL ESTATE TRANSFER TAX FUND,
POLICE CONFISCATION FUND, HEAVY EQUIPMENT FUND,
AND 1992 BOND PROCEED FUND
OF THE 1993 BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO;
AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS
AS SET FORTH HEREIN;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 1993 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance
No. 39, Series of 1992, adopting the 1993 Budget and Financial Plan for the Town of Vail,
Colorado; and,
WHEREAS, the Town has received certain revenues not budgeted for previously; and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget,
in accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should
make certain supplemental appropriations as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following supplemental appropriations for the 1993 Budget and
Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said
appropriations as follows:
FUND AMOUNT
General Fund $ 288,119
Capital Projects Fund 4,191,590
Real Estate Transfer Tax Fund 1,230,853
Police Confiscation Fund 18,166
Heavy Equipment Fund 8,476
1992 Bond Proceeds Fund 1,670,000
7,407,204
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.
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.
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
1
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.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extend only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 6th day of April, 1993, and a public hearing shall be held on this Ordinance
on the 20th day of April 20, 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCuthceon, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 20th day of April, 1993.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:\ORD93.8
2
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: April 20, 1993
SUBJECT: A request to rezone Tracts A, B, C from Hillside Residential Zoning to
Greenbelt and Natural Open Space Zoning within the Spraddle Creek
Estates Subdivision, an approximately 40 acre subdivision located north
and east of the Main Vail/I-70 interchange.
Applicant: SBC Development Corporation, a Colorado
Corporation. _
Planner: Mike Mollica '
I. INTRODUCTION
On February 11, 1991, the final plat for a major subdivision for Spraddle Creek was
approved with conditions by the Planning and Environmental Commission. One of the
conditions stated that:
"After final plat recording and before any building permits are released for site
improvements or individual residences, the following condition must be met:
•The rezoning of all open space tracts within the subdivision shall be approved
by the Vail Town Council. The requested zone designation shall. be Green Belt
and Natural Open Space
The applicant agrees to this condition, and the PEC has recommended approval of the
rezoning request.
II. EVALUATION OF ZONE CHANGE REGlUEST FROM HILLSIDE RESIDENTIAL
ZONE DISTRICT TO GREENBELT AND NATURAL OPEN SPACE
A. Suitability of Existina Zonina
The staff and Planning and Environmental Commission have determined that it is
appropriate to rezone the open space tracts in the Spraddle Creek Estates Subdivision
to Greenbelt and Natural Open Space zoning. The Greenbelt and Natural Open Space
zoning states, in Section 18.38.010:
"The Greenbelt and Natural Open Space District is designed to
provide areas which, because of their environmentally sensitive
nature, should be protected from encroachment by any man
1
made structure other than picnic grills and tables; and is
necessary to achieve the purposes proscribed in Section
18.02.020. The Greenbelt and Natural Open Space District is
intended to ensure that designated lands remain in their natural,
undisturbed state. The intent shall not preclude improvement of
the natural environment by the removal of weeds, deadfall or
similar compatible improvements..."
Staff believes that by rezoning these three parcels to Greenbelt and Natural Open
Space, the intent that they remain as open space will be fulfilled.
B. Is the Amendment Preventing a Convenient. Workable Relationship with Land
Uses Consistent With Municipal Objectives?
The rezoning effort is consistent with municipal objectives to maintain these areas as
open space within the Spraddle Creek Estates Subdivision.`
C. Does the Rezoning Provide for the Growth of an Orderly. Viable Community?
The rezoning supports the effort to provide for orderly growth while also maintaining
important open space areas within the new subdivision.
D. Land Use Plan
The Land Use Plan designates this area as Hillside Residential. The Greenbelt and
Natural Open Space Zone District is intended to keep these sites in their natural state.
III. STAFF RECOMMENDATION
The staff recommends approval of the rezoning as we believe the request meets the
above criteria. This request is carrying out a condition of approval per the Planning
and Environmental Commission's conditions of approval for the Final Plat for the major
subdivision.
Please note that the Council originally reviewed this ordinance and gave it first reading
approval on April 16, 1991. According to Section 4.10 -Procedure (Ordinance), of the
Town of Vail Charter, "If the ordinance is approved on first reading, it shall be
published once in full unless otherwise provided herein. The Council shall set a day,
hour and place at which Council shall hold a public hearing on the ordinance and
notice of said day, hour, and place shall be included in the first publication". Staff
believes that since so much time has past since the initial reading of the ordinance in
1991, that the ordinance should be reconsidered at first reading and republished in full.
2
A
ORDINANCE NO. 10
SERIES 1993
AN ORDINANCE REZONING THREE TRACTS FROM HILLSIDE RESIDENTIAL ZONING,
SECTION 18.09 TO GREENBELT AND NATURAL OPEN SPACE ZONING, SECTION 18.38
WITHIN THE SPRADDLE CREEK ESTATES SUBDlVlSION,
AN APPROXIMATELY 40 ACRE PARCEL
LOCATED NORTH AND EAST OF THE MAIN VAIL I-70 INTERCHANGE.
WHEREAS, an application has been submitted to rezone three parcels within the Spraddle
Creek Estates Subdivision, commonly referred to as Tracts A, B and C, from Hillside Residential
Zone District to Greenbelt and Natural Open Space Zone District in order to ensure that the
Tracts remain in their natural state; and
WHEREAS, the rezoning effort is consistent with Municipal objectives to maintain these
proposed Tracts as open space within the Spraddle Creek Estates Subdivision; and
WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental
Commission held a public hearing on the proposed zoning amendment and has submitted its
recommendation to the Town Council; and
WHEREAS, all notices as required by Section 18.66.080 have been sent to the
appropriate parties; and
WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of
the Municipal Code of the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1
The Town Council finds that the procedures for a zoning amendment as set forth in
Section 18.66 of the Municipal Code of the Town of Vail have been fully satisfied, and all of the
requirements of the Municipal Code of the Town of Vail relating to zoning amendments have been
fully satisfied.
Section 2
The Town Council hereby rezones the property from Hillside Residential Zone District to
Greenbelt and Natural Open Space Zone District.
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 any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
1
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.
Section 5
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.
Section 6
All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this day of , 1993, and a public hearing shall be held on this
Ordinance on the day of , 1993, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _ day of , 1993.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:10RD93.10
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PROCLAMATION NO. 3, SERIES OF 1993
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A PROCLAMATION DESIGNATING
~ MAY 1, 1993, AS LAW DAY U.S.A.
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WHEREAS, May 1st is Law Day U.S.A. in the United States of
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~ - America; and ~ _<<
2 - WHEREAS, The United States ofAmerica has been the cftadel ~ •
Y , = of individual liberty and a beacon of hope and opportunity for more
than 200 years to many millions who have sought our shores; and
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WHEREAS, The foundation of individual freedom and liberty _ v.
is the body of the law that governs us; and
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~ . WHEREAS, The Constitution of the United States of America ;
and the BiU of Rights are the heart of that body of la.w, which ~
~ guarantees us many freedoms -including freedom of religious belief, ~y
<r freedom to have and hold property inviolate, freedom of assembly,
freedom of speech, freedom of press, freedom of petition, and due
rocess o the law amo others; and
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- WHEREAS, This year marks the 36th annual nationwide
observance of Law Day, and the Congress of the United States and
• the President by o,~j~iciai proclamation have set aside May 1 as a 7~
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special day for recognition of the place of law in American Il;
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NOW, THEREF~URE, I, Mayor of the Town of Vail, do hereby ~j.
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designate May 1, 1993, as Law Day U.S.A. and caU upon aU
.
y''' citizens, schools, businesses, clubs, and the news media to
~ .w ~ commemorate the role of law in ow lives.
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- Margaret A. Osterfoss, Mayor c
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' PROCLAMATION NO. 3, SERIES OF 1993
A PROCLAMATION DESIGNATIIITG
MAY 1, 1993, AS LAW DAY U.S.A.
:;Y
WHEREAS, May 1st is Law Day U.S.A. in the United States of
America; and
r
. WHEREAS, The United States of
America has been the citadel ~ ~ '
~ of individual liberty and a beacon of hope and opportunity for more
than 200 years to many millions who have sought our shores; and
WHEREAS, The founda.iion of individual freedom and liberty
is the body of the la.w that governs us; and
~
S
~ WHEREAS, The Constitution of the United States of America ~ ~
s~~~• ~ and the BiU of Rights are the heart of that body of Iaw, which ~
guarantees us many freedoms -including freedom of religious belief,
freedom to have and hold property inviolate, freedom of assembly,
s freedom of speech, freedom of press, freedom of petition, and due
rocess o the la.w amo ~ ,
p f ng others; and
, _ WHEREAS, This year marks the 36th annual nationwide
~ observance of Law Day, and the Congress of the United States and
h~, ~ the President by o,,~iciai proclamation have set aside May 1 as a ~
special day for recognition of the place of law in American life. ~ .
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NOW, THEREFORE, I, Mayor of the Town of Vail, do hereby q
designate May 1, 1993, as Law Day U.S.A. and call upon all jj'
~ citizens, schools, businesses, clubs, and the news media to ~
commemorate the role of law in ow lines. ~ f
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, . Margaret A. Osterfoss,~layor
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