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1993-11-16 Support Documentation Town Council Work Session
C~ ~ VAIL TOWN COUNCIL 1A~®RK SESSII~ TUES®AV, NOVEMBER ~6, ~J93 2:®® ~.flA. IN COUNCIL CHAIMBERS P'IGENII)A i. Executive Session: Legal Matters. 2. Information Update. 3. Council Reports. 4. Other. 5. Adjournment. NOTE UPCOnAING IIAEETING START TIMES BELOW: THE NEXT !TAIL TOWN COUNCIL REGULAR VIiORK SESSION WILL BE ON TOES®A~f, ~ x/23/93, BEGINNING AT 2:00 P,IN. IN TOV COUNCIL CHAMBERS. THERE WILL BE NO REGULAR WORK SESSION OR REGULAR EVENING MEETING ON TUES®AV, ~ x/30/93. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ®RN TUES®A~, ~ 2/x/93, BEGINNING AT 2:00 P.M, IN T®V C®UNCIL CI~I~IMBERS. THE FOLLOWING VAIL T®WN COUNCIL REGULAR EVENING MEETING WILL BE ON TUES®AV, ~2/~/93, BEGINNING AT 7:30 I~.M, IN TOV COUNCIL CIhiAMBERS. C:WGENDA.WS VAIL TOWN COUNCIL T~i~sI~AY, N®VEMBER ~ 19g ~ 993 2:®® P.M. IN T®!/ COUNCIL CHAMBERS EXIPAN®EI® ADENIDA 2:00 P.M. 1. Executive Session: Legal Matters. 3:00 P.M. 2. Information Update. 3. Council Reports. 4. Other. 3:30 P.M. 5. Adjournment. NOTE UPCOMING MEETING STARS' TIMES BELOW: THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUES®A~f, b ~/23l93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THERE WILL BE NO REGULAR WORK SESSION OR REGULAR EVENING MEETING ON TUES®AY, ~ x/30/93. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUES®AV, ~~/93, BEGINNING A'T 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN C®UNCIL REGULAR EVENING MEETING WILL BE ON TUES®AV, X2/7/93, BEGINNING A'T 7:30 P.M. IN TOV COUNCIL CHAMBERS. ~ ~ C:WGENDA.WSE MEMORANDUM ~~81dlIILECIE® ABV® C®~B1F6®E~~IA~. TO: Vail Town Council FR: Tom Moorhead DA: November 16, 1993 RE: Vail Recreation District (VRD) Lease Below are suggested provisions to be included within the VRD Lease. These are as a result of the meeting with Merv Lapin on Friday, November 12, 1993. 3. REAL PROPERTY AND IMPROVEMENTS THEREON, V. Maintenance and Repairs The District shall take good care of the premises and the fixtures and improvements therein including without limitation, any storefront doors, plateglass windows, hearing and air conditions systems, plumbing, pipes, electrical wiring and conduits, and at its sole cost and expense perform maintenance and make repairs, restorations, or replacements as and when needed to preserve them in good working order and first class condition. The District's obligation for repair and replacement shall include all interior, exterior, nonstructural, ordinary and extraordinary, unforeseen and foreseen repair, snow removal, and rubbish removal. The Town shall be responsible for landscaping and lawn care. The repair, maintenance and replacement of the refrigeration system for the ice surface in the Dobson Ice Arena shall be the sole responsibility and cost of the District. The Town shall be responsible for all capital improvements including replacement of structural and non-structural components such as would be depreciable pursuant to the federal tax rules and regulations. The Town shall not be responsible for the replacement of any equipment or components damaged by the willful acts or negligence of the~District. The District shall develop a maintenance scheduled for each respective improvement used pursuant to this Lease, which schedule shall be subject to the approval of the Town. The District shall keep a log setting forth actual maintenance performed at the Dobson Ice Arena. The logs shall be kept in the same manner as had been maintained by the Town prior to the first lease of the premises to the District. VII. Damage to or Destruction of Premises If any of the Premises are damaged by fire, gradual decay from natural causes, or any other cause so that they may not be used for the purpose for which they . were intended and the repair placement of such Premises shall require substantial cost, the Town may elect not to repair such damage and this Lease shall automatically terminate as it relates to said damaged or destroyed Premises effective as of the giving of notice by the Town of such election. Upon the Town electing not to repair such damage, the District shall have the option of making the necessary repairs or replacements of the damaged Premises at their expense. 4. CONTROL OF THE JOHN DOBSON ICE ARENA (Paragraph 2)' The District agrees to use its best effort to maximize the use of the Arena for . conventions, meetings, conferences, concerts, and other income producing events during the period it is not required to use the Arena for ice skating by the Deed of Gift. During the term of this Lease, the Town shall have the right to use the Dobson Ice Arena for a total of thirty (30) days during each year of the term hereof for whatever purposes it deems appropriate upon the giving of thirty (30) days written notice of such use to the District. The Town may exercise twenty (20) of said days between March 15 and December 15, and ten (10) of said days between December 15 and March 15. The Town shall be responsible and shall have the right to negotiate all terms and conditions of any activity or event the Town wishes . to use the arena for during said thirty (30) days. The District shall be entitled to receive the gross receipts or rent produced by any such event less all expenses and costs thereof. The Town further agrees to pay all associated hard costs during these thirty (30) days to include, but not limited to labor costs and electricity costs. 6. GOLF AND SKATING PASSES The District will provide the Town with as many season golf and skating passes as the Town requires to utilize as a benefit for its employees. 7. PARKING The Town will provide six (6) parking spaces for District employees at the Ford Parking lot at no cost. Further, the Town will provide to the District parking passes and coupons for the Lions Head Parking Structure. These passes may not be re- sold by the District. 12. TERMINATION A. unless sooner terminated as provided for herein, this Lease shall terminate at noon on March 27, 2015, which time and date corresponds to the original forty-nine (49) year term for the ground lease of the Vail Municipal Golf Course. C:IVRDLSPRV.MEM ~~'~V 1~ ~1 L-~~a L~1 ~ ~ ~ TI®~1 I)IS~1~C~ IL]E~~ 9 199 ~ r-.:.. TABLE OF CON i ANTS, ! 1. PURPOSE 2 2. SERVICES TO BE PROVIDED BY THE DISTRICT 2 3. REAL PROPERTY AND IMPROVEMENTS THEREON . 3 A. Premises License 3 ' B. Terms and Conditions 3 C. Office Space 7 • 4. CONTROL OF THE JOHN DOBSON ICE ARENA 7 5. RENT 8 6. GOLF AND SKATING PASSES 9 7. PARKING 9 8. BOUNDARIES 9 9. PERSONNEL 10 10. LIABILITY, INDEMNIFICATION AND INSURANCE 10 A. District Indemnification 10 B. Town Indemnification 11 C. Insurance 11 11. Errr,CTIVE DATE • 13 12. TERMINATION 13 13. MISCELLANEOUS PROVISIONS 15 A. Modifications and Waivers 15 B. Entire Agreement 15 C. Binding Agreement 15 D. Severability 15 i , E. Authority to Enter 15 F. Notice 16 G. No Third Party Rights 16 H. Specific Enforcement 16 ~ i ~ , i i T,IST OF E~II)3ITS Exhibit A Premises License Exhibit ~ Deed of Gift Exhibit C Outstanding agreements between Town of Mail and 'T'hird Parties _ _ I1 f 4 TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT LEASE THIS LEASE is made and entered into this _ day of 1993, by and between the TOWN OF VAIL, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "Town," and the VAIL PARK AND RECREATION DISTRICT, a Colorado quasi-municipal corporation, hereinafter referred to as the "District". WHEREAS, it is the desire of both parties to provide recreation programs and services to the inhabitants and guests of the Town; and WHEREAS, the District has been providing such services under agreements signed in 1989 and, 1993; and WHEREAS, it is the desire of both parties for the District to continue to provide these services; and WHEREAS, the Town and the District are authorized by the Constitution and Statutes of the State of Colorado, including Section 29-1-203, C.R.S., to enter into 1 intergovernmental agreements to govern the provision of such services to the inhabitants and visitors of the Town; and s 1 ~ - f WHEREAS, the 'Town and the District intend that the District hold an election in lay, 1994 to increase the District's mill levy so as to provide an amount approximately equal to the amount currently being paid by the Town to the District to administer the recreation program and that the Town reduce its mill levy, so as to reduce taxes by an approxunately equal amount. RTOW THEREFORE, in consideration of the mutual promises contained herein, the adequacy of which is hereby admitted, the parties hereto agree as follows: 1. PURPOSE. It is the general purpose of this LEASE for the District to continue in the management and provision of all recreational services for the inhabitants and visitors of the Town. 2. SER~IICES TO BE PRO~IIDED BY THE DISTRICT. The District shall provide recreational programs and services. Such services and programs shall be of high quality and shall be of sufficient diversity and scope to meet the recreational needs of the inhabitants of the Town and the visitors thereto. 2 li ~ . . i 3. REAL PROPERTY AND IMPROVEMENTS THEREON. A. Premises License. The Town grants the District a LEASE to use the following real estate, and improvements thereon set forth below and more particularly descnbed in Exhibit A attached hereto (the "Premises") i. John Dobson Ice Arena and Environs; , . ii. Nature Center and Environs; iii. Upper Bench of Ford Park; iv. Public Tennis Courts; v. ; Athletic Fields; and vi. Youth and Teen Center y ~B. , ;Teens and Conditions. The use of the Premises is subject to the following terms and conditions: 3 .f ~ . 3 , i e - 4 T,: ,1 . '.b,.ty~1r.~ _ ~ i. tTse of Premises. The Premises shall be primarily used for recreation programs and services except as otherwise provided for herein. ii. BJtilities. The District shall pay all charges for gas, electricity, light, heat, power and telephone, or other communications services used, rendered, or supplied upon or in connection with said Premises, with the exception of the Youth and Teen Center, and shall indemnify the Town against any liability or damages on account of such charges. iii. Access to the Premises. The Town and its agents shall have the " right to enter in or on the Premises to examine them, to make and perform such alterations, improvements, or additions that the Town may deem necessary or desirable for the safety, improvement, or preservation of the Premises. iv. Alterations by the District. The District shall make no major _ ~ alterations or additions to the Premises without the Town's prior written . consent. All such work shall be performed in a good and workmanlike manner and all alterations and/or additions upon the Premises shall, upon termination of this LEASE unless otherwise agreed at the time the Town's . ~ : .consent is obtained or unless the Town requests removal thereof, become the . ~ property of the 'g'own. The District may make minor improvements to the 4 Premises in order better to serve the citizens and guests without written approval. v. Maintenance and Repairs. The District shall take good care of the Premises and the fixtures and improvements therein including without limitation, any storefront doors, plate glass windows, heating and air conditioning systems, plumbing, pipes, electrical wiring and conduits, and at its sole cost and expense perform- maintenance and make repairs and/or restorations when needed to preserve the Premises in good working order and 5rst class condition. The District shall be responsible for all repairs associated . ~ with the Premises, which do not involve replacements costing more than five thousand dollars ($5,000), including all interior, exterior, improvements and fixtures repair, snow removal, and rubbish removal, landscaping and lawn care. The repair, maintenance and replacement of the refrigeration system for the ice surface in the Dobson Ice Arena shall be the sole resporsibility and cost of the District. The Town shall pay for replacements of all equipment, . ~ ~ ~ fixtures and improvements necessary for the proper functioning of the • ~ Premises, including replacements of structural and nonstructural components, • ..?~a~3n plumbing facilities and equipment installed for the general supply of hot and • ` cold water, heat, air conditioning, and electricity, which repracements cost • ~~°_~~~~j.~ ; ~ ~ -s:more than five thousand dollars ($5,000). Such replacements costing less than ~~~~~a .F~ ~~~r ~~ve thousand dollars ($5,000) shall be the responsibility of the District. i~ 5 F~ u. - . ' .t7~ ,a- - - - ~ ~ Replacements to be paid for by the Toum shall, to the extent possible, be - documented in ample time for inclusion in the Town9s capital project list during the fiscal budget process. The Town shall not be responsible for the replacement of any equipment damaged by the willful acts or negligence of the District. vi. Assignment. This LEASE shall be non-assignable and the District shall not mortgage, hypothecate, or encumber any of the facilities set forth herein without the prior written consent of the Town in each instance. vii. Damase to or Destruction of Premises. If any of the Premises are damaged by fire or other cause so that they may not be used for the purpose for which they were intended and the repair or replacement of such Premises shall require substantial cost, the Town may elect not to repair such damage and this LEASE shall automatically terminate as it relates to said damaged or destroyed Premises effective as of the giving of notice by the. Town of such election. - viii. Surrender of Premises. Upon the expiration or other termination of this LEASE, the District shall promptly quit and surrender to - ~ ~ ~ ~ the Town the Premises in good order and first class condition, ordinary wear excepted. 6 LAY .J.a ~ ~ _ ~ . ':.F~ ~i 1. ix. Compliance with All Laws and Re¢ulations. The!District agrees not to use or permit the Premises to be used for any purpose or in any . fashion prohibited by the laws of the United States, or the State of Colorado, or the ordinances or regulations of the Town including the Town's no smoking ordinance, Ordinance No. 11, Series of 1988. C. Office Soace. In addition to the recreational Premises set forth in this Agreement, the Town further grants a LEASE to the District to utilize, the offices the District is presently utilizing at the time of the signing of this Agreement in the Vail Public Library for continued use as office space only [including the ten (10) parking spaces in the hospital lot] at a rate of $20.00/sq. ft./year, which rate includes all utility costs for said offices, which costs shall be the responsibility of the Town. This rate will be renegotiated each five (5} years. The District shall have Ithe option of vacating offices and terminating any further obligation upon 90 days notice. . 4. CONTROL OF THE JOHN DOBSON ICE ARENA. The parties understand the John Dobson Ice Arena is a multi-use fac~7ity utilized for both recreation and other purposes by the Town, and further understand the Arena is subject to certain terms and conditions contained in a Deed of Gift between the . Town and the Websters, a copy of which is attached to this LEASE as Exhibit B. The District agrees not to violate any of the terms and conditions of said. Deed of Gift during 7 J the term hereof The District's use of the Arena pursuant to this LEASE shall be subject to all outstanding agreements between the Town and third parties for or relating to the use of the Arena, which are listed on Exhibit C attached hereto. During the term of this LEASE, the Town shall have the right to use the Dobson Ice Arena for a total of twenty (20) days during each year of the term hereof for whatever purposes it deems appropriate upon the giving of thirty (30) days written notice of such use to the District. The Town may exercise these twenty (20) days between March 15 and November 15. 'The Town shall be responsible and shall have the right to negotiate all terms and conditions of any activity or event for which the Town wishes to use the Arena for during said twenty (20) days. The District shall be entitled to receive the gross receipts or rent produced by any such event less all expenses and costs thereof The Town further agrees to pay all associated hard costs during these twenty (20) days to include, but not limited to labor costs and electricity costs. " 5. RENT. For all Property in Exhibit A and referred to in 3(A) rent is ~1.00/year. Payment is made in advance and ac~owledged, g 6.. GOLF AND SKATING PASSES. The District will provide the Town with as many season golf passes as the town requires to utilize as a benefit for its employees. Each year the District w~71 compile the number of rounds played with these passes. The District will further determine annually the . percentage of these rounds which will be complimentary. Any rounds not complimentary will be paid for by the Town at the regular resident rate. The District shall provide skating passes for Town employees at no cost. 7. PARKING. The Town will provide six (6) parking spaces for District employees at the Ford Park Parking lot at no cost. Further, the Town will sell to the District parking passes and coupons for the Lions Head Parking Structure at the resident rate. S. BOUNDARIES. i The District and the Town will use their best efforts to take whatever steps are necessary to make the boundaries of the District and the Town coterminous. ej 9 . ~ . 9. PERSONNEL. 'The 'Town and the District and their respective officers, agents, and employees shall fully cooperate so as to facilitate the performance of this LEASE. The provision of recreational services and programs as contemplated in this LEASE, the hiring, firing, and discipline of District employees shall be the responsibility of the District. No person employed by the District, in accordance with this LEASE, shall have any right to Town benefits including health insurance and pension. The District, however, may invest pension funds in the Town's pension fund subject to such conditions as may be established by the Town and permitted by law. The Town shall not be liable for the payment of any salaries, wages, or other compensation to any District personnel performing recreation services pursuant to this Agreement, nor for any obligation of the District other than provided for herein. Nothing herein shall obligate the Town to be liable for the .injury or sickness of any District employee arising out of his/her employment. 10. LIABILITY. INDEMNIFICATION AND INSURANCE. A. District Indemnification. To the extent legally permissble, the District shall indemnify and hold the Town, its agents, servants and employees harmless from and against any and all liability, loss, damages, costs and expenses, including reasonable attorney's fees and costs of investigating any such matters, suffered or 10 ..z t sustained by the District, its agents, servants or employees, or by any other person rightfully on or about the Premises arising out of any act, error, omission or negligence in the operation, maintenance or use of the Premises by' the District, its agents, servants or employees or of any occupant, subtenant, visitor or user of any portion of the Premises, or any condition of the Premises or adjacent property; provided that this indemnity shall not emend to damages resultingsolely from the negligence or w~71fu1 misconduct of the Town, its agents, servants or employees. District does not by this paragraph waive any protections or limitations contained in Colorado Governmental Immunity Act, 24-10-101, et. seq., C.R.S. B. Town Indemnification. To the ement legally permissible, the Town shall indemnify and hold the District harmless from and against any band all liability, loss, damages, costs and expenses, including reasonable attorney's fees arising from the negligence of the Town, its officers, agents, employees, successors and assigns. The Town does not by this paragraph waive any protections or limitations contained in Colorado Governmental Immunity Act, 24-10-101, et. seq., C.R.S. C. Insurance. The District and the Town shall respectively provide their own public liability, property damage, and errors and omissions insurance policies . - sufficient to ensure against all liab~7ity, claims, and demands or any ,other potential liability arising from this Agreement. Further, the District and the Town shall, s ~ ~ ,subject to the approval of each party's insurance carrier, name the other party as a .:j 11 i ~ ` 'y.i r coinsured under such insurance policies and shall furnish evidence of the same to the other party, In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 'The District and the Town may provide such insurance through programs of self insurance. each party shall procure and continuously maintain the following minunum insurance coverages, or self insurance capability: i. V~/orkman's Compensation insurance coverage in the statutorily prescnbed amounts. ii. The following types of insurance coverage in the amount of one . hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,01m) per occurrence, or such limits as provided by the Colorado Governmental Immunity Act, and one million dollars ($1,0,000) aggregate: a. General Liability insurance coverage. The policy shall be applicable to all Premises and operations and shall include coverage for bodily injury, broad form property damage, personal injury, blanket contractual, products and completed operations. 12 • , _ . b. Comprehensive Automobile Liability insurance coverage with respect to each of the parties' owned, hired or non-owned vehicles used in the performance of this Agreement. . c. Errors and Omissions insurance coverage. d. Liquor Liability insurance coverage if the District obtains a liquor license to serve wine, beer, or intoxicating liquors. 11. Errt?CTIVE DATE. This LEASE shall become effective on the day of .1994. 12. TERMINATION. A. Unless sooner terminated as provided for herein, this LEASE shall ~ _ :,terminate on December 31, 2093..,,; _ B. Notwithstanding any other provision of this LEASE, this LEASE shall . 1 terminate on December 31, 1994 if the District does not receive consent of the voters at the contemplated May, 1994 election to increase its mill levy ~ as hereinabove k indicated. 13 .1 t t 1 J C. In the event that the consent of the voters is received and the increase ~ ~ ~ in mill levy is effected as provided for in paragraph 12,B. hereof, but thereafter (before the termination date provided for in paragraph 12,A. hereof) the District ceases to collect the taxes resulting from the increased mil levy (the "Increased Taxes") and the Town increases its anal levy to compensate for the District's cessation to collect the Increased 'Taxes, this I.FASE shall terminate on December 31 of the last year in which the District collects the Increased Taxes. D. Upon termination of this LEASE as set forth herein, the District's right to use the Premises and all improvements thereon shall cease as provided for in paragraph 3. B, viii., hereof. In addition, the District shall return to the Town all equipment, vehicles, and personal property set forth on Exhibit A. E. Failure of either party hereto to maintain the insurance policies or coverages speciTied in paragraph 10.C. hereof, or to pay the rent provided for in paragraph 5. hereof within Tifteen (15) days of its due date, or failure to perform any other obligation of this LEASE within thirty (30) days after written notice of default shall constitute a material breach of this contract, upon which the non-breaching .4 party may immediately terminate this LEASE. r y 't d . • l ~ s S r 14 I alp ' : ~ 13. MISCELLANEOUS PROVISIONS A. Modifications and Waivers. No modification or waiver of this LEASE or of any covenant, condition, or provision herein contained shall be valid ' unless in writing and duly executed by the party to be charged therewith. B. Entire Agreement. This written LEASE embodies the whole agreement between the parties hereto and there are no inducements, promises, terms; conditions, or obligations made or entered into either by the Town or the District other than those contained herein. C. Binding Agreement. This LEASE shall be binding upon the respective parties, their successors or assigns. ~ . D. Severabilitv. All promises and covenants herein are severable, and in ~ the event that any of them shall be held invalid by a court of competent jurisdiction, Y - this LEASE shall be interpreted as if such invalid provision or covenant were not contained herein. E. Authority to Enter. The District and the Town have represented to each other that each possesses the legal ability to enter into this LEASE. In the event that a court of competent jurisdiction determines that either of the parties did 15 . . e . e c l not possess the legal ability to enter into this i.F,Q,~E, this LEASE shall be ' ~ considered null and void as of the date of such court determination. F. RTotice. Any notices to be sent to the parties pursuant to the terms of this LEASE shall be mailed to the following addresses: Town 1~/[anager Town of /ail 75 South Frontage Road Mail, C® S165g Executive Director Mail Park and Recreation District 292 VNest RReadow Drive flail, CO 81657 G. IVo Third Partv Rights. This LEASE shall not be deemed to confer or grant to any third party any right to claim damages or bring any legal action or claim against either the District or the Town because of any breach hereof or of any covenant, condition, or provision contained herein. I-I. Specific Enforcement. In addition to any other remedies available to the parties in law or equity upon breach, this LEASE shall be subject to specific enforcement. 16~ f _ - ~ r ' IN W i i t1ESS WHEREOF, the Town and the District have', executed this LEASE as of the date first set forth above. TOWN OF VAIL, a Colorado municipal corporation By: Peggy Osterfoss, Mayor, Town of Vail VAIL PARK AND RECREATION DISTRICT, a quasi-municipal corporation ' By: Hermann Staufer, Chairman, Vail Park " and Recreation District s 3 - i ~ 17 i NDU-08-1993 10 54 TRANSCO INC. 312 427 4975 P.01 ~ ~~~e ~~~y ~®~0 0 ~ ~~~3 ~J$,~ IP°~.esa$~Im,uIl~ Nail. Tom. Q;muncil of ~~i1 7G ~auth ~'~ontage road Nest . ~lafil., ~®iog°ado gi~~'T . Dear Mayor ~steri~ass anal. 'Down Goun.cil. ~erabers: ~ pretest gs hereby s~abanaittLd. co~ncenoix~g til~.e app?,icatian requesting designation. a~ the ~Imil. athletic ~Iub (FTi~~) a8 a Special. l7evelop~.ei~~ ~~i;z~et (SI~ffi}. The craation a~ the Special ~evelo~~ent txlet is opposed because: ~ ~'he ~TAC; S~~ proposal exceeds ~on.iuc,g sta~d~:ds £or the ~ulDlac ~co~nodati+sn zone dis~treict, accmrdnag ~:a p]ann,is~,g stems maen~oxa~nda. . The ~xnsting building exceeds atl zonnn.g standards, awarding to plan~,aiung stai'£' ~:esmo~rancln. 'The expansion of the building beyond zoning stanrla~rdg or a..n eansio~. o~ a ~n,aaa-con,i'arnoang condition p~ a t oi~ speciall pxivilog~e not ganerstliy ava,ilnbl~e tv all. prope~y owners. . TJn£asliianable arcliiter~ture or the unproven need i'or addfiiaaal P~eoodation units in fail Village i.s insn~icient cause to ex~eeed zoning standaards. 'The expa>sion blocks view i'raan a~a existing private residence. ~t ~ recognized that the xonang ondo pxo~ades for the right of the proper8;y owner tv replsce the stxuctt~,xe to its p>~eseaat con~g~axation should it beconxe . destrvye~d. Thea~e~ore, at is recasx~aen.d:ed that any eltexatiosa to the staructure fs done within~thr~ co7.e8 oi' tie cresting building envelope. As a co~equence, tl~e buia.dia~g r~roul,ci clt~alil~r ~'ar the re,~raired varx~ces neeessary~ to reoon~i~xre the a~te~rior spa,ee anal. ixp~ad+e the bx~3ldaxag e~e~iax. NFU-08-1993 10 54 TRANSCO INC. 312 427 4975 P. 02 ~iave~.be~ Gp 199A3 . ~ . ''age ouc~~udgertn.e~.t tbe~e a~ iu~r~~icient d~emonstratio~. o~'ba~.e~it to the corm~~.tait~r and a~eigl~c~hamd to ~~ast~Fy the a~~?ro~a1 oi` the ~~ecxab T.~e~relo~anent T~istx~; app?acatioaa. the ~o~al council ie xequested tm deny the a~~ltcat~oax ~o~ a special , ' Jme~velopment ~i~t~~ hoar the Nail Athle4ic flub. 1~~ &lavva 4~oes i r TOWN OF VAIL MEMORANDUM TOs Larry Grafel Council Members FROMs Judy Popeck DATEo November 10, 1993 REo Investment Report Enclosed is the investment report with balances as of October 31, 1993. In preparation for the monthly payment plan for the construction of the new police building, a little over $2.5 million was removed from our 1992 Bond Proceeds Fund in our Fidelity Slam Money Market Account and eleven securities were purchased with maturities ranging from 12/8/93 through 10/24/94. The .weighted average yield on these securities 'is 3.23 as opposed to the yield they were receiving in the Fidelity Account of 2.71%. The estimated average yield for the debt service fund was 4 > 49•°s and 2.89% for the pooled cash fund. Currently the yield curve for 3 months, 6 months, and 1 year are. 3.090, 3.24%, and 3.38 respectively. Please call me if you have any, questions. Town of Vail, Colorado Investment Report Summary of Accounts and Investments For the ponth Ending October 31, 1993 Funds For Reserve Balances Percentage Operating Funds 10/31/93 of Total poney parker Accosts (see page 1) Comnerciel Banks (8124,402) 812,022 (8112,380) -0.67% poney parker and putuel Funds 83,352,681 81,781,405 85,134,086 30.48% Colorado Investment Pools 84,355,465 8856,170 85,211,635 30.94% Total 87,583,744 82,649,597 $10,233,341 60.75% xxxaacxaxaaaaaaxsaaaaaaaxaaaaasaxacaa axaaaa Commercial Seving8 Banks & Loans Certificates of Deposit (see page 2) Eagle County Institutions 0.00% Other Colorado Institutions 8297,000 8297,000 8297,000 1.TbX National Institutions 0.00% Total 8297,000 8297,000 8297,000 1.7bX aaaaaaaaaaaaaaxaaaaasaxascaacaxasaaaaaxasaaaaxaaaaaaaasaasaa _caasa Percentage of Portfolio in Savings 8 loans 0.00% U.S. Government Securities (see page 3) Treasury Notes 8 Bills 8998,244 8767,093 81,765,337 10.48% GNN0.~s 8109,725 8109,725 0.65% U.S. Savings Bonds 825,423 825,623 0.15% Federal Agency Discount Notes & Bonds 82,000,043 82,415,154 54,415,.197 26.21% Total 53,133,635 83,182,247 86,315,882 37.49% axa_xsxaasaa°soaaaaveaaaaa arxsaaaa eaazaa Total Portfolio 811,014,379 85,831,844 516,846,223 100.00% _x~aaa~a_..a ~~a~~~~~~~~aa~~~~aa~aa~a~~ aa__a__ paturing Hithin 12 Months 89,179,897 55,232,347 814,412,244 85.55% paturing Hithin 24 ponths 5198,000 5198,000 1.18% paturing After 24 Months 81,636,482 8549,447 82,235,979 13.26% 811,014,379 85,831,844 516,846,223 100.00% acaxaax_ :aaaxaaasaxaaxaaaaaaaaaasaxa eaaaaac Breakdam of Reserve Funds ' G.O. goad Reserve 81,903,832 1992 Bond Proceeds 83,059,820 Noosing Bond Proceeds 8856,170 Chuck Anderson pemorial 810,991 Health Insurance Funds 81,031 85,831,844 ecxaasaaasaa . 11/9/93j1p i rnsm10 Money Market Accounts as of October 31, 1993 --For the Month of October-- Institution Balances Type of Accounts High Lora Average 10/31/93 COPIMERCIAL BANK ACCOUNTS First Bank of bail - Operating Interest 2.670% 2.370% 2.560% (5140,086) Balance 5638,003 556,901 8340,332 Firs4 Bank of Vail - Insurance Interest 2.670% 2.370% 2.560% 51,031 Balance Central Bank of Denver Interest 2.300% General Operating Account Balance 826,675 Total Cormnercial Bank Accounts (5112,380) LOCAL GOVERNMENT INVESTMENT POOLS Colorado Trust Operating Account Interest 2.810% Balance 81,912,445 Colorado Trust Housing Bond Proceeds Interest 2.810% Balance 8856,170 CSAFE Interest 3.020% Balance 52,443,020 Total Local Government investment Pools Accounts 85,211,635 a MONEY MARKET FUNDS Federated Securities Corp. U. S. Treasury Trust Reserve Account interest 2.980% Balance 51,025,501 Fidelity Investment Government Money Market Accounts Interest 2.710% Bond Issue Reserve Account fr° Balance 5271,228 1992 Bond Proceeds~~ Balance 5484,876 Operating Account Balance 52,313,418 Overland Express Interest 4.300% Balance 51,039,263 Total Money Market and Mutual funds 55,134,086 Total all accounts 510,233,341 ~°Account Subject to Arbitrage Rebate 11/9/93j1p invmml0 Page 1 o f Certificates of Deposit as of October 31, 1993 Bank Alame, Location Days to Rates Purchase Maturity Maturity Maturity lns Coupon Yield Date Date at Purchase Value BestBank, Thornton Colorado FDIC 4.750X 4.600% 16-Feb-93 13-Feb-95 4T0 599,000 Paonia State Bank, Paonia Colorado FDIC 4.400% 4.250% 17-Aug-93 15-Feb-95 472 599,000 Bank of Greeley, Greeley Colorado FDIC 4.250% 4.000% 16-Jun-93 16-Jun-94 228 599,000 Avg Yield 4.283% 5297,000 invcdl0 11/9/93j1p Page 2 p ~ ~ Government Securities as of October 31, 1493 c 96OTreasury Notes 8 Bills°9i Oays to Days Interest Rate Purchase Maturity Naturity to Book Par Type fund Coupon Yield Date Oate at Purchase Naturity Value Value TNote Pooled 4.250% 4.340% 17-May93 15-May-96 1094 927 8498,875 8500,000 TBill Bond Proceed 3.360% 25-Oct-43 22-Sep-94 332 326 899,978 5103,000 TBill Bond Proceed 3.390% 25-Oct-93 24-Oct-94 364 358 860,012 862,000 Strip Pooled 3.140% 3:140% 29-bar-93 15-Nov-93 231 15 8499,369 8500,000 Zero Debt Service 7.820% 21-Jun-91 15-Nov-95 1608 745 8607,103 8700,000 Average Yield 5.11% 81,765,337 ,81,865,000 Average Oays to Naturity 474 °O°GNPtA~S°O° Yeara to Estimated interest Rate Purchase Naturity Naturity Years to Principal Pool Coupon Yield pate Date at Purchase Naturity Outstanding 5803 B.000X 8.480% '14-NOV-86 15-Oct-OS 19.10 16.00 832,029 13003 8.000% 9.800% 24-Oct•86 15-Oct-06 20.20 17.00 534,092 14659 8.000% 9.200% 24-Oct-86 15-Jan-07 21.20 18.00 843,604 Avg Yield 9.083% 8109,725 9°4u.$. SevingS BOnds°O° Years to issue Naturity Maturity Years to Book Naturity Series Yield Date Date at Purchase Naturity Value Value EE 7.170% 01-Oct•86 01-Oct-96 10.00 2.92 825,623 830,000 °O°federal Agency Discount Notes 8 Bonds¢°" Days to Interest Rate Purchase Naturity Naturity Gays to Book Naturity Agency Fund Coupon Yietd ' Date Date at Purchase Naturity Value Value fFC Pooled 4.150% 4.150% 25-Mar-93 25-Nar-96 1096 876 8500,000 8500,000 FFC Pooled 3.800% 3.132% 29-Mar-93 O1-Dee-93 247 31 8500,275 8500,000 FFC Pooled 3.560% 3.641% 07-Jun-93 O1-Jun-94 359 213 8494,768 8500,000 FHLN Bond Proceed 3.070% 25-Oct•93 08-Dee-93 44 38 8408,487 8410,000 FNMA Borx1 Proceed 3.180% 25-Oct-93 18-Jan-94 85 79 8213,528 8215,000 FHLM Borx! Proceed 3.190% 25-Oct-93 18-Feb-94 116 110 8307,045 8310,000 FHLB Bond Proceed 3.210% 25-Oct-93 15-Mar-94 141 135 8227,300 8230,000 FNMA Bond Proceed 3.240% 25-Oct•93 15-Apr-94 172 166 8157,676 8160,000 .FNMA Bond Proceed 3.230% 25-Oct-93 09-Nay-94 196 190 8250,734 8255,OD0 fNMA Bond Proceed 3.260% 25-Oct-93 06-Jun-94 224 218 8220,681 8225,000 FFC Bond Proceed 3.320% 25-Oct-93 18-Jut-94 266 260 8380,987 8390,000 FHLB Bond Proceed 3.360% 25-Oct-93 15-Aug-44 294 288 8248,716 8255,000 FHLN Pooled 4.560% 4.560% 03-Jun-93 03-Jun-96 1096 946 8500,000 8500,000 84,415,197 54,450,000 a= =cc==cc====_ .=c. .c== Average Yield 3.52% . Average Days to Maturity 273 Total 86,315,882 11/9/93j1p invtrl0 Page 3 ~e e4 T®~l ®F VAIL 75 South Frontage Road fail, Colorado 81657 303-479-2100 FAX 303-479-2157 P®I~ BMI~E®Ie~TE RELEASE fUovember 9 0, 1993 Contact: Larry Grafel, 479-2900 `~®V PR®M®TES JIAA I-I®Z~4 STREET SIJPERIIVI"EfV®ENT (Vail)--The Town of Vail has named Jim Hoza to the position of street superintendent within the Public Works Department. Hoza is a 24-year veteran of the town, and has been acting street superintendent since July following the retirement of Pete 13umett. Hoza was selected from a field of 83 applicants. He'll manage 24 employees and a $1.7 million budget. The division is responsible for street maintenance and repair, trash collection, electrical services, carpentry and building maintenance. Hoza began his employment with the town as a junior in high school when he accepted a summer job with the water and sanitation crew, which was then part of Vail's Public lNorks Department. And, except for a brief stint in the military, he's been employed by the town ever since. Hoza was named assistant street superintendent under Burnett in 1989. 'These are definitely hard shoes to fill," Hoza said. "Fete's done a great job, and I look forward to continuing the tradition." His promotion was announced today by Acting Town Manager Larry Grafel, who'll return to his position as public works director•in December. Hoza and his wife, Dee have two children: Eric, 16, and Brittany, 11. Hoza is a third-generation native of Minturn. ~ ~ # i ~ ®epag°trrtent head named~'~5~ _ ; ~ ~ Boulder's'assistantrcity.manag ~ ' ~ er,'",~1VlichaePSegrest Fwill~ g~'' ~ become:director of Lakewo•`o~d~'~s~ , . ~ D,,epartrnentof Community<R'e- ~ ~Lsources on NovY 29~He'~will t oversee the city~s exte sine ~ ~ ~ system of ~arks~and recreation''.`-:~ • al#acilities~Selecteidfrommore~~ . W ~ . ~ ~,~than 160 applicants; Segrest4~ , J~` ~ will replace GarytMcDonnelli~~`-Y- a -who retired m unesafter-23t},~=;~~~ ~ years as the departmenf's first ' i~ compose br.,x~ Yo~~;~r s ~ ~ . ' qE 3 / ~"~i4w *+NY f xy ~ I ' ~ .:i rv . ~ :f ~ _ .'.•f ~.t'. ' .'fS , J• r :x:, . . ~ L t r(.~ , . ~:t;: ~ .f fit. , r.\:., .1. - e i t flow 4.Do~f~ao'o ~ovueo~uoa ~a~o f~o~os~eo~ uo~o s ~oovo~e4u4uve lNou~O~ by (Veal R. Pierce with Curtis W. Johnson and John Stuart Hall ~ ~~c~~C~ n . a region con- Citistates, the book that... s i s t i n g o f a n historic center city s u r- "...describes no less than a new organizing principle for gov- rounded by cities and towns which have a ernance in the 21st century." shared identification, function as a sin- -R. Scott Fosler, President, National Academy of Public Administration g 1 e zone for trade , commerce and c ommu n i - "...at one and the same time, provides a stimulating theoreti- c a t i o n, and are characterized b y s o c i a 1, cal construct and a lucid explanation of the hands-on realities of making urban regions work." economic and environmental interdepen- -Nicholas L.Henry,President, Georgia Southern University deuce. Hist. Similar to city states of antiqui- ty (e.g. Athens, Rome, Carthage) or CIt/SfateS medieval times Order form (e.g. the Hanseatic League) , except that modern citistates Quantity Total Name & Address: engage in instant electronic communication Hardback ($24.95ea.) $ Paperback($18.95ea.) $ and capitol transfer and are the chief VA Residents add6.5% $ recipients of world population growth . 'r Shipping charges: $3.00 for 1st, $.75 for ea. add. $ TOTAL DUE Payment method , . , , - ~o :r ~ At tr , Check MasterCard Visa ra ;bdo0o~['a o Card ~ ~ ~ o o ` dQ X90 - Expiration Date _ - OPT Signature o 0 op ~ ~ o t ~ ~ ' 'i ~ ~ ' ~ ~ j . , t I' ~ y 8 C1T[STATES: CITISTATES: 5 American citistates " stand up against any in the world America," notes urbanologist M~ff)l~ ~ merit stacked the deck by building Scandinavia and the Baltic States. Advanced Micro Devices, Dell IE~unglln¢s, "that on other continents' -!1 highways and widening roads, pro- Pittsburgh, seeing its steel-based in theirGOnGen- Computer and a couple of the would require war, famine or peso':;=;. ~ , ,1 _ vidmg''water and sewers, structuring ; economy almost evaporate, has biggest high-tech prizes of our time lence." Not only did suburban. arid'=''-:" = ~ - ~ the tax~code to promote outmigra- tapped its lead universities to trati0n Of Smart -the congressionally-approved ~ A ~ ~ , center city incomes diverge mode ~ ~ ~ ~y,, ~i~ ~ ~,hon Scant attention, by compari- become a formidable center of new consortium of Fortune 500 compa- than ever in the 1980s; evidences ~ ~=C+; ~ r son, liar gone to the maintenance ~ technology research and develop- COrpOrati0ns, vies which formed the also emerged -out of several care- ~ t ~ ~r'I~ ~ o ~.--and redevelopment of older cities merit. Microelectronics and Computer ~ ^ ~ ~ ~ ~a~ a~rid suburbs so the factors that engineers, Technolo Cor MCC to work fully conducted studies -that sub= : , ~ ~ gy p• ( ) urbs which surround healthy ~r~nne-r;~~~.~; . .;i,'~~ - a~rove ernes into decline are increas- For concerted region,wide econom- on advanced-computer technolo- r I~~ ti~ ~ ~ ,1~~~~~'. ~ « SC'lentlstS. cities stand a better chance of rqs- ~r ~ p'>~, , ~ ~ i „~y} rnglyi~mpacting suburbs. The is planning, few comm~umties have gies, plus the federally-supported erin than suburbs which swr ~ I nahon.that invented the throw- matched the so-called Metro ~,u Sematech consortium to reclaim round sick cities. Suburbanites may ~"r`r . 5{ away~city is now creating the Denver Network, launched with- ~ computer chip domination from believe they re shielding themselgesl ~ ~ ~ . ~ ~~a~ u,~l . ; ~ ~~hrowaway suburb, says real estate strong support from the Greaten ~ ; . the Japanese, ~-Both the MCC and from urban decline, but in fact~ther~ , r ~ ~ ~eonsu~ltant Clln~ffll¢s )L®~)!~~®®a~. Denver Chamber of Commerce. - - Sematech locational decisions came ~ . incomes are de ressed. And small ~ ' ~f a' ~ ~ ; ~ rl ~ Virtually every chamber'and7eco= - ~ ~ I ~ 'after stiff competition against p ~ ~ lA second related American citistate nomic development~agency, in~the ~ ,dozens of competing U.S. cities. wonder: poverty takes a heavy~,toll:~~ , ~ ; ~ 7 ; ~ l " Poor people not only earn less,'they,~, 1, ~ ~ ~ J 'disab~ili~ty is physical "sprawl" -the Denver metropolitan; regron - 53 ~ ~ °1,° pay fewer taxes. Their welfare. and ~ i l~ , ~ ,~i alarriiirig environmental and social at last count - signed'onto~, the' net- ~ ~ ~ ~;r ,Big time support from Texas politi- criminal justice costs drag down .consequences of Americans mabili- work, even though many of the , ; cos;,rioi,to mention an attractive state and local economies. Usually ~ 'y ~ty or,~u~willingness to contain counties and muni~cipalrties li'ad a - ; . ~ state,capital'town and the less educated, they're less employ-~---~ -urban growth within reasonably history of abrasive relations. The .7 ; ~ ~Univeisity of Texas with its rich able. That makes the region (and_., compact geographic areas. Sprawl effort amounts to the United States' " , " - supply of ideas and consultants, was the nation) all the less attractive for' , ~ - - - - - - - - - - contributes directly to traffic con- first region wide, computerized~,,~C - said to Sacco ~ rat for a lot of Austin s industrial firms that need skilled job gestion, vast numbers of hours in information system i~o track'every; success, Bpt,a competitor - ~irw¢ candidates. lost productive time, mounting lev- new business lead and~all_a~ailarble ! ~ 1~¢~es~®,president of the San Jose , els of air pollution. It obliterates sites and to provide~un~fied,nation- t~~, ~ Chamber of~Commerce, put his fin- Nor is the scourge reserved to inner During the 80S, city and town identities. As new al advertising and coordinated ~ r~ ,y ~ ~ ~ a ~ ger on what's probably the most A ~o~ cities alone. Many working class job locations go father and farther screening of industrial prospects In ~?11~; + ~ ~ ; criticaltireason' of all. Austin's secret the number o~ , : r ~ , ~ n , ' +I ~s~~ , . ~ ' suburbs are in severe decline. out there, the result is an the meantime, thehregion~.s business, ,~~r , he told a Washington Post reporter, Thirty-five percent of the suburbs in American apartheid the oor and and olitical leadei•'s~w'~orked full ~ ~ ~ ~`~~,~`~~~s ~~`commuriit' ~ s irit" - overn- six representative metropolitan Americans minorities stuck in old c rater cities boreto sell more than ~$3 ~bitlion'in~~~~`~~C_, ~ ' ~ ~ ~ ~~nent, business and univ esity lead- regions, according to a recent study, without a way to reach the new bonds to build a massive new ers working closely together to _ suffered real declines in median d1^iving their Gars work sites. During the `80s, the Denver International Airport. B~~ _T~t~ f?ve~2e?= ---attract the high tech firms, talented household incomes in the `80s. _number_of-Amer-icans-driving-their- -I992 they were deep into negotia- engineers and consortia, - "Many suburbs-that-have served for - all alone l0 iUOr~ cars all alone to work soared 22 mil- bons with such international carri- Cent o~the sub- decades as stepping stones for the ~ lion, by 35 percent, several million ers as KLM, Lufthansa, Air Canada ,~tiua~~a~~~ ~u~usff~u~~ 71$su~ure~~s working class find themselves in the soared by 05 per- more than the raw numbers (18.5 and British Airways on future direct urbs in Std repre- same downward spiral as urban million) of workers added to the connections and were working with American citistates stand up against areas," notes U.S. News & World Cent l0 22 milli,On, work force. At the same time car- ~ hundreds of local firms on potential sentative metro- any in the world in their concentra- Report. pooling went down 19 percent, and opportunities in international trade. tion of smart corporations, engi- severalmillion public transit usage declined. pOlitan regions seers, scientists. But they suffer It's true, says ')(']4n®~nn~s ]~ti¢>r of Austin, Texas and its environs may three great disabilities placing them Cleveland State University, that the more tba?2 the The results, environmental and be the 1990s star inhigh technolo- Suffered real at a distinct disadvantage against constant outmigration of Americans social, were summed up by gy development. On the one hand many of their European and Asian -from city to inner-ring suburb, ra.w nun2bers >Edlw~>rddl 1~~~ff~?n®>m of the it all looks like luck or federal declines in n2edi- competitors. then to far-out suburb and exurb - Conservation Fund, describing largesse. IBM started the chips has been propelled by peoples' (18.5 million) of what's happened to the rolling 25 years ago when it opened an household The first is the deep socio-economic desire for cleaner air, new and larger Washington, D.C. area in the last an Austin plant. In time IBM was gulf between America's poor cities homes, larger yards, trees, less con- wo1°ers added t0 decades: joined by Texas Instruments, 3M, incomes tin the and affluent suburbs. "There are gestion, better schools. But govern- Motorola, Apple Computer, ~ levels of depopulation in urban the wOrkfOrGe. Where farmland and forests 80s. 4 C[TISTATES: CITISTATES: 9 events, citistates are perilously scope. Regional cooperation once stood, corridors of steel neighborhood is an island. exposed in today's world economy. becomes vastly more impor- and concrete channel com- Consider the harsh character of pre- tant in the global economy ~ muters through a region that B. IlDIl~~ ~?n¢ ~¢gn®~~ll sent day economic competition. because it is the key to con- is hotter, noisier and uglier ~~®~®~nny ~~n'slln~Il nrnit~n~ffi~Il Virtually every manufacturing trolling these external costs. than before. Look-alike fast- s~~¢rnglrIln - find a profitable niche monopoly in today's international - - i food joints supplant mead- in the new world economy. Center Cities COn- economy is crumbling. With Few citistates have mobilized more ows. Utility poles and signs citistates that hope to prosper in instant communications and rapid than a fraction of their communi- mask the splendor of the Blue the international economy need to tlnue to deft~ne a transportation, citistate enterprises ties' full skills to address the~'steadily Ridge and the Chesapeake plan as carefully as the smartest cor- find themselves threatened by com- mounting challenges.of the new Bay. Siltation, pollution and porations. Developing strong busi- C2tistate to the petitors that may spring up sudden- world economy. But there are ness-government-academic partner- run-off threaten rivers and ly on any continent. Markets enough bright examples to suggest ships, they need to decide what world The mere mature, peak and wither with amaz- the potential. streams. Gunshots and graffi- they're good at and seize their com- in s eed• nothin is trul ro ri- ti proliferate. More and more P g Y words `Paris " g P g Y P P eo le feel our area has lost arative advanta es. The have to , etary. An IBM PC becomes just The Greater .Seattle Chamber of p p keep on strategizing to stay afloat in another commodity. In the past, control over crime, the envi- `NIOSCOw " "Hoyt Commerce has been a,national the volatile global economy. ~ ~'Dn¢®aIl®~~ Il$~ffslla?ve~g,of the leader in gathering a cross section ronment, development and University of Perinsylvariia suggests;, of business, political and even traffic. IlI;~~ffffn~~n it?n~ ~ffnffn~~ll Korb, " "New an industry might be able to get scrappy neighborhood leaders to n~nIln®ff>t~~n~~ ®ff >tlln~ ~nQflstr~it¢'~ along with internal inefficiencies, a ~ travel to other cities for intensive Finally, our citistates suffer from llu¢~~t -its historic center city and York, " "San mediocre work force, weak local briefings on how another commu- Americans' incredible hesitation neighborhoods. Center cities con- transportation links. No longer. pity grapples with rriajor problems. Austin, Texas and one might say our paralysis in Great- time to define a citistate to the Francisco," Today's industries don't enjoy apro- The Seattleites came back from a ing effective systems of coordinated world. The mere words "Paris " tectiue envelope of time and dis- Toronto visit fired with a vision for 2ts environs may ;governance. Not only do they lack "Moscow," "Hong Kong," "New ~ "ChiCagq " "New tance. Therr exposure is immediate, . .doing things regionally; from that metropolitan governments, they York," "San Francisco," "Chicago," almost total.,Only entrepreneurial, came a growth'strategies commis- be the 1~~OS Star lack the most rudimentary systems "New Orleans" evoke powerful Orleal2s"evoke adaptive, ;`thinking" enterprrses are, ~ ~ sign and increased attention' to the to resolve differences between their images.. This means urban design, ~ Y P capital 'infrastructure needs "of the in hi h teChnolo cities and counties. p g p ower ul ima es, likel ' to remain com etitive g ~.y I waterfront Tannin streetsca es p f g eritire;region. and historic preservation are power- Regidnal strength; and capacity;is i . development. ~uQn~ffautt¢ ~unu~I¢~®,~it$ fully important issues fora citi- also critical to today's firms: As - ~ ; ~ T1ie Trade Development Alliance of state's entire presentation to the ~ 1[11~~s?nIlD¢~~ notes:, ~ Greater Seattle; created by the What can and should American citi- world. By contrast, a trashy, graffi- Chamber together with Seattle and states do to strengthen themselves ti-laden, uncared-for city landscape Successful firms must haves ~ for the new international competi- can herald serious decline and tele ~ King County, is charged with mak- access to a competent labor ' irig the region a premier gateway tion',? Here.are eight guideposts: graph a negative message world- force, asatisfactory system of acid commercial center for North wide. Even if the older urban transportation to move peo- America. One can argue this is the Il, ll8¢~®~un~~ itIln~ iirnaIlnvns- centers have lost much of their le and oods cost effectivel ' nibnIlu ®ff it?n¢ ~uirnsff~ff¢ -the P g Y, only smart way to go in our time. manufacturing backbone, even if a an adequate infrastructure to Amsterdam. hopes to make itself ~ intricately interrelated region the number of technical and legal and meet their basic water and into a critical air and telecommuni- visitor from outer space would see. financial services have found happy sanitation needs and, finally, cations port linking Europe with The inescapable oneness of each _ _ _refuge in suburban areas, the center effective control over the the world and thus gain the upper citistate covers a breathtaking remains critical to the entire region. environment, including solid, hand in its bid to host the European range. Environmental protection, Reclaiming of derelict properties, toxic and hazardous waste headquarters of firms from other economic promotion, work force infill development, strategies to disposal, water quality, and continents. The old Hanseatic city preparedness, health care, social ser- maintain the center city's base of given the penalties of the new state of Hamburg is working hard to vices, advanced scientific research the citistate's center for culture, (1990) Clean Air Act especial- become the "Metropole of the and development, philanthropy - sports, entertainment, conventions, ly air quality. The most cost North," the connecting city success or failure on any one of plus financial-legal-service needs effective means of managing between the European Community those fronts ricochets among all the which demand regional centraliza- and the non-EC areas of communities of a metropolitan tion, are immensely important. these resources are regional in region. No man, woman, family, or 10 CITISTATES: CITISTATES: 3 With instant com- munications and At the same time, it becomes ever them for multiple, critical tasks, rapid transporta- 4. Focus on the growing A broad agenda of remedial educa- more clear that national economies ranging from air safety to banking Rink between social depriva- tion, social service, community- essentially are constellations of regulations to income redistribution tion, citistate ti®n and work force prepared- based self-help and guaranteed regional economies, each with a for poorer peoples. In the United ness - go to work to fix the prob- work programs will be required to major city at its core. States, state governments, with enterprises, find lem. Virtually all the world's citi- address these problems. Federal their original powers of taxation states face serious social problems. and state assistance will of course be Learning to Compete and regulation, also will remain themselves tbreat- As an international team of required. But the re-creation of important. observers noted in a °1992 mutually supportive community is The challenge for the Denver and erred by competi- European-North American State-of- a task well beyond the reach of Phoenix, Los Angeles, Puget Sound But the relative role of the nation In the U.S., one the-Cities Report," prepared by the higher governments. If there's to be and San Francisco Bay Area citi- state clearly is on the decline. The tors that may German Marshall Fund of the U.S., a realistic hope of successes, citi- states is not just how they learn to message for citistates is compelling: out of every three two societies now exist side-by-side states themselves must take greatly compete and deal with each other. You are on your own in the new spring up sudden- in many of the cities of the North expanded responsibilities for It is also, and increasingly, how global economy. Don't count on Hispanic chil Atlantic community: designing and implementing their they learn to deal with citistates assistance from above. And remem- ly on any conti- own social, educational and work spread from Seoul to Singapore, ber, you will have great difficulty dren One of every A mainstream popula- force expansions. Oslo to Osaka, Berlin to Barcelona. attracting and retaining the capital Went. Markets tion, able to access, adapt to, Small cities and rural areas in the you need for your future unless you two black chit- and take advantage of oppor- S. Build a sense of orbit of our larger metropolitan plan strategically and are able to mature, peak and tunities in the new global regional citizenship - no mean areas have a similar stake; if a citi- show a stable, dependable face to dren today grows economy, and task. Americans already are encour- state's economic engines fail, mar- your fellow citistates across the wither with aged to have some loyalty to their kets constrict and every community globe. c amazing speed up in poverty. o a growing concentra nation their state their local com in the region is likely to suffer. <7C".1 O a°° ~2~dl~ p1992 closed tion of alienated overt munitY Adding another, the citi ~When.'a~•flbod m? A f, p Y ~I ~dUt-ua v ~ ~ t r--: -rr1-~ state seems a dauntin challen e No one can doubt the ulation down the Chica o Board of Trade, owy stricken chronically unem g g pop o e ego a weight of today's citistates. In Gtrading..in the London futures ? oao~a ployed people o fthe new offices, Yet there are precedents: loyalties of 1950, there were only 14 UIV et M _e_xeh`angeisurged as`Ch cagojrvedw 11 laboratories and glitter, yet are a region's residents to prominent ropolitan areas of more than o 6,N -"speiately,,to get backlon.aihe-arid, sports teams, for example. A citi- million people. In~199~0,there were r~ avert a permanent loss of maiket out of sight and out of nr.~ °I.~N U~~? state which develops a regional 39, andn,z-ffor thefirstTime m his share-AftervGerman tourrsts were' « mind. labor policy seeking through indus- forY =they contained a ma•oritY oof' slain iw rami n` ring 1~99g3~ltw~~ 5 „ 1 p trial promotion and inventive trade the Americah. people There is tittle sudde itYbeca me-' lear t`he region Q~aJ ' ~ Y + ' 3 The disadvantaged represent groups relationships and apprentice worker to gain in trying to draw borders stood to lose:mucft is tourist a disturbingly large portion of the r _ -training-programs to create fulfill- around ^a citistate. Dallas'analyst, il economic4ifeblood&domestR- and J _-fast= rowill minority and ]mmi Il•;~.n T~~ 'jY ° ISM J 9 f ' ~a g g Y ing work for all of its residents can James.Carupusugge'st's the entire 1 foreign,°When South Central Los . grant population groups - even h gV start to build loyalties. state of Georgia should-be seen~as. Angelesrwent(up in~flamesi'in~19ti92 while growth rates for % + ~J r population the hinterland-of the~Atlanta. crtr,o Mears Were-q- uic`kl raised of Asian Imiddle class natives tend to be flat a 4 " r n ,t Y 'L if not in actual decline. In the U.S. 6 Remember quality of state, with Savannah as~its~port. and European capital bolting A h r >t one out of every three Hispanic rife issues - especially the envi- Seventy percent of the iiyestment } forrtbne-in-Japanese tourist bookings~g children, one of every two black ronment. Once upon a time, quali in Guangihou Province inethe~ to Southern California was lost, 7 j ty of life may have been thought of People's Republic,of,~Chma~,coines And unlike the riots of the `60s,° children today grows up in poverty. solely as an aesthetic or social issue. from adjacent Hon Mi .Tijtana `?these of the earl `90s were not conk` =No longer. Today it is a crucial eco- although in Mexico,.c earnYllfal~ls ~tain~ed to a few neighborhoods. The ; '14 11 ~ What this means is a massive crisis nomic issue profoundly affecting under theiorbit°of the San,Qiego savage effects were felt quickly, for citistate work forces. Employers the future prospects of a citistate. citistate, divided onlyby~oneothe fiercely, radiating outward to have reason to be deeply concerned As James Crupi notes, there is a world's busiest international cross- Hollywood, Pasadena, Long Beach about where they will find qualified very real and increasingly recog- ing points. San Bernadino. Entire citistates are workers in the years ahead. And a nized "symbiotic relationship now affected by such events. citistate without a qualified work between arts, culture, health care, Nation states are likely to stay with force will, by definition, be a citi- crime, the environment and eco- us for centuries to come. We need Even in the absence of cataclysmic state in serious economic trouble. 2 CITISTATES: C[TISTATES: 11 by NEAL PEIRCE, SENIOR FELLOW cross America and around its rocky course of late is creating a nomic strength." new metropolitan authorities would the globe, the age of the citistate is single, barrier-free market of 320 be formed with the power to plan upon us. Great metropolitan million consumers. The North 7. Fi1[~~ g®~~~n~n~¢ regionally and to resolve conflicts The huge trans- regions -not cities, not states, American Free Trade Area (NAFTA) ~®~Il~. Governments at sixes and between cities and counties. increasingly not even nation states would be even larger and richer. As sevens, unable to reach the most pOrtattion, air -are the key competitors in the nation states relinquish their trade fundamental cooperative agree- To get there, we need very fresh world marketplace. controls, they give up as the AS nation States ments, fighting over economic thinking including citistate-wide quality, water Europeans are now discovering a scraps, pushing environmental or accords in which all the players, relin wish their su land waste In a way, this should be no surprise. big measure of their power to subsi- 9 social problems off to their neigh- from proud inner-city political orga- pp y Measured by historic time, nation dize favored industries or regions. hors, create the image (and too nizations to residents of prickly- states are relative newcomers, hav- trade Controls, often the reality) of a malfunction- independent suburbs, give up alit- disposal Special ing arisen in the 16th and 17th Nation states also are losing control ing, divisive citistate. Yet in today's tle. Rotterdam provides an example Centuries to conduct great cam- of the movement of people across they give up a big world, the challenge may not be so of such fresh thought. Leaders districts Of the LOS paigns of transoceanic colonization, their borders, with the result that much to consolidate governments believe there has to be political measure of their An eles re ion to launch great land wars across the many of our great metropolitan or create new formal structures unity to modernize the port and g g face of Europe. areas are becoming so polyglot (though some surely are required) transportation networks and thus racially and ethnically that they power t0 Subsidize than to search for pragmatic maintain Rotterdam's role as a key were spending But before the nation states, there start to mirror the globe's mixed arrangements, find ways to resolve shipping center in Europe. The sub- were city states. They can be traced Tribes -the name of ~®~Il favored industries conflicts, look toward a regional urbs are reluctant to cooperate with more than x'70 back to antiquity, to Athens, Sparta, )[~®>tIl~nn's fascinating book. vision and capacity. the city because it is so much bigger Syracuse, Carthage and Rome, then or regions, and might dominate any collabora- mllli0n a year On to the Hanseatic League of the 14th Finally, with the end of the Cold Nor do citistates serve themselves tion. So Rotterdam leaders are sug- and 15th Centuries, to the Italian War, perhaps the greatest single jus- well when they try to rely on mas- gesting that the city proper be re- reglOnal planning city states of the Renaissance. tification of nation state power - sive, cross-jurisdictional special dis- organized into 10 or 12 new dis- buildingand maintaining vast trict authorities. The L.A. 2000 tricts comparable-in-size to the sub- -virtually none Today, citistates have begun to standing armies and military arse- Partnership discovered, for exam- ; urbs. Once that's done, they sug- eclipse the nation state. To see why, nals -fades in importance. plc, that the huge transportation, gent, the municipalities would feel of it COOrdlnated. you need simply check out the International police actions, at air quality, water supply and waste comfortable in creating a new met- communications, capital, trade, most, are now required. Economic, disposal special districts of the Los ropolitan authority, without today's immigration and military realities not military, competition now Angeles region were spending more center city dominating the whole. of today's world. Thanks to the ~ ; shapes the world. than $ 70 million a year on regional new telecomputing technologies;!" ~ ' ; _ r r _ planning -virtually none of it When will we Americans, in a land billions of dollars can be moved ~ ~ Across~the globe; provincial and coordinated. supposedly built on innovation, be from one global citistate to ariother, eth~ icy IoyaltreS are=tearing apart the ~ ready for similarly bold experimen- atthe touch of-a~computer key.-"' ` ~ ponce siecure borders of~nationhood, The proposed L.A. 2000 solution is tation? It's hard to be optimistic. From New York to Tokyo; -the forcing,su~ch states as the Soviet a, citistate-wide regional council, Race, class, tax fears all too often world's stock maekets""now respond ~ ;Union to''lireak up into smaller some members elected by direct stand in the way. The answer will to each other's movements in ~ ~ ; 'countries. ~®~Ihn,~~rraIl~n¢n~;--plan- vote of the citizenry and others rep- have to lie in compelling campaigns moments. Investment capital, the. _ining director for Metropohtar- resenting local governments. The of public education which link, mother's milk`of citistafe's' econon _ ~ ~ ~Toron,to-suggests~that the_farces regional council would be charged quite explicitly, the governance is development, has become ' 7„~ a abroad today_are simultaneously with bringing all the strands of issue to the citistate's growth and increasingly mobile, with immense ~ pushing.power up, to the interna- municipal and county and special survival in the new world economy. capacity to aggregate and disaggre- - tional°level, and downward, to the authority planning into some kind gate itself nationally and interna- local. The "Earth Summit" in Rio of coherent whole. NnaIl¢~~fl~aIl ~®d~~_ tionally. de Janeiro underscored the impera- ~nitlln ~ str~®~g ~n~n~,~~ tive for coordinated international That-approach-is in line with-the ®~~~rnflz~trn®~u -work consciously Crumbling barriers to the free flow attention to such vital issues as the National Civic League's prescrip- to build new leadership cadres. The of trade are a hallmark of our time. earth's intricately interdependent tion. The League recommends a logic of some form of region-wide The integrated new European environment, two-tier system: most existing sub- citizen organization, pressing for Common Market notwithstanding units would be left in place, but the shared and common good over 1Z CITISTATES: o 0 The 'rue ]Economic ~omhnunities of ®ur ~'ime special interest pressures and the In every American region, one hears parochial positions of fragmented lament about the loss of civic lead- Weare well past local governments, strikes one in ership as it used to be. The reality is region after region across the U.S. that we are well past the times the tinges when a when a small bunch of a city's old Such organizations - an appropri- titans, all white and male and well- ' Sn2a~~ bu92Ch 0 f a ate 1990, term for them might be connected, could sit down and Are the world's great metropolitan centers, from The marriage of the telephone and the personal metropolitan partnerships -cur- make critical decisions for everyone Dallas to Dharan, Seattle to Singapore, Miami to computer in the Information Age is mrraveling Gity'S O~d titans, rently operate in numerous regions. else. Cities in any event have seen Milan replacing nation states as the locus of effec- what the Industrial Age built up. The uhiquity of The oldest are in Seattle and many of their traditional business five action? telephones and fax machines renders the efforts of all white and Cleveland, The best maybe the leaders figuratively blown away in a nation states to control the flow of information as Citizens League of the Minnesota hurricane of business buy-outs, hale and well- Twin Cities area, which sparked the mergers and closures. At the same That's precisely what, happening in the post-Cold futile as sticking a f anger ira a dike. CAD/CAM creation of the Metropolitan time, power in American communi- War world, argues senior fellow Neal Peirce, a syn- engineering has made custom. production possihle GOnneGteGl, COUId Council there and helped inaugu- ties has democratized radically: to dicated columnist and rn•ban affairs specialist. at bargain prices, and renders the concept of rate the country's first and best sys- upstart industries and businesses, economies of scale virtually meaningless. When SitG~02Un and tem of regional tax-base sharing. powerful developers, ethnic The city state is, historically, the billions of dollars of investment Typically the metropolitan partner- alliances, organized blacks and predomirrarrt form of human gov- Measu1"ed by historic t1~n2e, capital can be moved from one Snake Crittical ships organize interested citizens Hispanics and Asians, environmen- ernance from Assyria and country to another at the touch of into policy task forces which work tal and women's and social service Bahylora in ancie,rt Mesopotamia, nation states a~°e relative a computer key, traditional nation deG25i0nS,f Or hard to research, think through, groups, and many more. to Athens and Rome in the not state economic policies are and then sell public policy makers quite so aa,ci~ent Mediterranean, newGOlnerS, having arisen in impossihle. There is crow one eUe2;y0ne else. on sound approaches to problems None of this means we need leaders ranging from economic develop- any less. The smart citistate needs a to lire Hanseatic League in the world marketplace, open 24 went to mass transit to regional plan to develop collaborative lead- late Middle Ages and the Italian the 1 nth a'1Zd 17th Centurties {lours a day, seven days a week. work force preparedness to regional ership out of all its constituencies city states o f the Renaissance. to conductgreat campaigns parks. -new and old. In the words of The nation state is a comparative The world's great city states, IlgvIlpnIln 1Wtnall~~m, organizer of the newcomer, arising in the 16th and swelled by the greatest rm•al-to- oftransoceanic coloniza- Every American citistate needs a German Marshall Fund's study of 17th Centuries with the advent of urhar, migration in hrstory, con- metropolitan partnership of some North Atlantic community cities, nationalism, mass armies and ti0n, t0 lannCh great land netted by electrons in the ether, type in the '90s, to harness the best the ability of each citistate to fulfill overseas coloraizatiorr. trade and compete with each thinking from a broad amalgam of its potential, to find the economic wars across the face 0 f _ othe,-with-less-and-less conttathy business, citizen, academic, niche which will permit it to tom- - - - - women's and non-profit groups. _pete and_sur_vive,"rests-ul#ima#ely_ -The-end-of-the-C-old-War was a the governments of the countries _ Politicians,-literally trapped by the on the leadership base of the city - blow to the relevance of the ~'urOpe. in which they're locuted. parochial pressures of their own articulating a vision, mobilizing nationstate. Nation states excel constituencies, have great difficulty civic energy." in protection and security, functions of diminishing Neal Peirce, one of America's leading authorities thinking freshly and courageously. utility in a world where au•craft and rockets can fly on urban affairs, led teams which studied six repre- They get no electoral rewards for over horders and where border bottlenecks under- sentatia~e U.S. citistate, -Baltimore, Dallas, good foreign relations, for looking mine economic growth and well being. Owensboro Ky., Phoenix, Sa~i~nt Paul and Seattle. across city or county lines for more His conclusions have been published in citistate,: expansive approaches and solu- The end of the Industrial Age and the beginning of How Urban America Can Succeed in a Competitive lions. What the progressive local the Information Age was a bigger blow. World (Seven Locks Press, Arlington, Va.,1993) leaders need is an alternative con- Technological change drives economic and social They are summarized in this essay. stituency -people who think change. Result: demands for economic freedom regionally, care about the citistate and democracy. The Industrial Age, with its future, who can provide fresh ideas Foreword b Phlli fW. Bur ess and support for new approaches. emphasis on. mass production, economies of scale, Y P ~ and centralized means of communication arrd 9'resident & Senior Fellow The companion issue is leadership. transport, nurtured the growth of the nation state. Center for the New UVest ~ i . _ ~ aS T 11 ~ 1'r~, i ~ ~ ~ ~ ~ n t~~ 4~ ~ ~ ~ r9 TAE -~g`~E ~F ~~R~I ZoR ~ELLOw b HEAL pEIRCE, `5EN y i ~ ~i ` ~r---'_"\ J lath C} )per ?1' U n g_ ~ tt~~~ ~~i ~ ~G~,~~l ~ _ `gam, d~L 4 I I Center for the New West 600 World Trade Center 1625 Broadway Denver, Colorado 80202-4706 Phone: (303) 572-5400 ~ Fax: (303)572-5499 I I THE CENTER FOR THE NEW WEST BOARD OF A. Gary Ames ~ is an independent, nonprofit and nonpartisan TRUSTEES Chairman of the Board, Ce ter for the New West institution for policy research, education and President Sr CEO, U S WEST Communications, Inc. economic development headquartered in Denver. The work of the Center, which is Stephen Bartolin supported primarily by foundation and busi- President, Broadmoor Hotel Hess memberships, focuses on the changes Harry Bowes that increasingly characterize U.S. society and President, Bowes Associates,) Inc. - the U.S. economy. Often referred to as the New Economy, these changes include dramat- Philip M. Burgess is demographic shifts, increased global com- President, Center for the Nei West petition, rapid technological change, Chang- Hon. Dennis DeConcini ing consumer tastes, the growing impact of small business on job creation and the impact U. S. Senator (D-Ariz.) of innovation and entrepreneurship on busi- Mark DeMichele Hess formation. The results of the Center's President and CEO, Arizona Public Service Co. work are distributed in various ways, including ~ reports, conferences, speeches, briefings, pub- Hon. Pete Domenici i ' lic testimony and through the media in op-ed U. S. Senator (R-N. M.) articles and commentaries. Michael Glinsky ~ Managing Partner, Coopers Sr Lybrand MAY WE TELL YOU MORE? We are often Stephen T. Halverson asked if we would like new members. The Regional VP and CEO, M.A. i ortenson Co. answer is "yes." We are a growing organiza- tion. We would be happy to send you infor- Thomas A. Levin mation about the benefits of membership in Former President Rocky Mountain Health Care Corp. the Center for the New West. Please contact Marsha Brekke by calling (303) 572-5400, John Naisbitt sending your fax to (303) 572-5499 or writ- Chairman, Megatrends, Inc ~ ing her at the Center for the New West, 600 Barbara J. Nelson World Trade Center, 1625 Broadway, Professor of Public Policy, Hu I phrey School, Denver, CO 80202-4706. We appreciate your support. University of Minnesota Kenneth Olson li This publication was produced by Mario Simpson, Vice President, Goldman, Sachs ~ Co. Director of Creative Services at the Center for the Fred Palmer ~ New West using astate-of-the-art Macintosh desktop General Manager and CEO, publishing system. Western Fuels Association, Ins. Amb. Sally A. Shelton ~ Senior Fellow, Georgetown Uiiversity James Stever Executive Vice President, Publii Policy, U S WEST, Inc. Hon. Mike Sullivan ~ Governor of Wyoming I Solomon D. Trujillo President and CEO, U S WEST Marketing Resources COUNSELOR Jack MacAllister Chairman Emeritus, US WEST, Inc. I AB®U'1"THE AU'~'FI®R... ~ ';~r~_;, ~ ~ ~ ~ ~ !l 1Vea11Z. Peirce has made America's cities and ~ ~ u states and the state of American federalism, his T~~ ,hy? > ' beat for the last three decades. " ~ a ~ x~; Mr. Peirce was political editor of Congressional ~ ' ~ ~ ~ Quarterly in the 1960s.. In 1969, he helped found ~ ' ' the National Journal, for which he remains aeon- , ; - tributing editor. Since 1975 Mr. Peirce has written y ~y' , the first (and only) nationally syndicated newspa- ~ ~ , ~ . ~~Y er column on state and local government themes. P It is syndicated by papers nationwide. He has authored ten books on the states and regions of ' the United States, culminating in The Book o f America: Inside Fifty States Today (W.W. Norton & Co., N.Y., 1983). Neal Pierce and his chief collaborator, Curtis W. Johnson, chief policy adviser to the governor of Minnesota, led teams in writing "Pierce Reports" on the civic-economic outlook of six met- ropolitan regions (Phoenix, Seattle, Baltimore, Dallas, St. Paul and Owensboro, Ky.). Sponsored by the leading newspaper in each region, the reports form the core of Mr. Pierce's book, Citistates: How Urban America Can Prosper in a Competitive World (Seven Locks Press, Arlington, Va.,1993), from which this Points West Review is excerpted. Johnson and John Stuart Hall of Arizona State University are co-authors. Mr. Pierce lectures widely to civic, business, non-profit and academic groups around the nation, serves on the National Civic League's executive committee, and is founder of the National Academy of Public Administration's Alliance for the Redesign of Government. SUGGESTED READINGS Divided Cities in a Global Economy: The 1992 European-North American State -of--the-Cities Report. German Marshall Fund of the United States, Washington, D.C.,1992. y Downs, Anthony. The Need for a New Vision for the Development of Large U.S. Metropolitan Areas. New York: Solomon Brothers, 1989. 1. Fowler, W. Warde. The. City-State of the Greeks and Romans. New York: MacMillan, 1989. Fry, Earl H. The New International Cities Era: The Global Activities of North American Municipal Governments. Provo, Utah: David M. Kennedy Center for International Studies, Brigham Young University, 1989. Hall, Peter. "The Rise and Fall of Great Cities," in The Rise and Fall of Great Cities. Richard Lawton, ed. London: Bellhaven Press, 1989. Jacobs, Jane. The Economy of Cities. New York: Random House, 1969. Kresl, Peter Karl. The Urban Economy and Regional Trade Liberalization. Westport, Conn: j Praeger, 1992. Porter, Michael E. The Competitive Advantage of Nations. New York: The Free Press, 1990. p ~ 9 ' F & a ~ NONPROFIT ,3 ~ P •r ~ ORGANIZATION Center for the New West U.S. POSTAGE PAID 600 World Trade Center Denver, CO 1625 Broadway Permit No. 3809 Denver, Colorado 80202-4706 I ADDRESS CORRECTION REQUESTED i i 'i ~B~a~~ ~~~~~0~ i :~~aQttk~sl~~tkd~~:k%i<X~~1ctt~tK~%i<~X~~x<~:tk:ktl{ric~c:3_..S~7:C.~7:1' E3:I.F~ i~f t° . Ci Ct rt F' 1•t :i. a. J. ' ,~'u" X' 'T'crw•rt ~iart~a V ct : a C.; Cl ~ J ta'i' ~ I'~; c:} i:1 G ~I Rt!!T : ~ ~ ~ 1,~ ~ I~ I ~4 42 West Meadow Drive Yai! Fire Department Yail, Colorado 81657 303-479-2250 ~~~~~E~R~l1V~~~~~~~ TO: Nail Town Co cil FROlVt: Dick Duran DATE: 1Vovember 11, 1993 12E: Space needs for additional station ~zz~~~~~~~~~z At our 1994 budget presentation, we were asked to determine our space needs for the possibility of a Test Mail Station. ~7e, of course, have not compiled all of our interior space needs, but would like to at this time give you the size of our East Mail Fire Station, which may be used as a pattern. The lot size appears to be approximately half an acre, with approximately 5,000 square feet of building space. Once again, these are rough figures, but hopefully they will give you an idea of what would work if and when a fire station in the west end of the Town is considered. Thanks for your continued support of the i7ai1 Fire Department. Id. e4 T®~l ®F VAIL 75 South Frontage Road Yail, Colorado 81657 303-479-2100 FAX 303-479-2157 ~®R 91U1'~1E®9AT~ R~~LAS~ November 12, 9 993 Contact: flflike Fiose, 479-2178 P~SL9C ~:®nAAfl~fV°~ S®l1GFl`~ ®IV L®CAIL PARATRABVSeT S~Ri/ICE (Vail)--The Town of Vail, Avon and the City of Leadville will hold a public hearing next month for comment on the area's transit service for persons with disabilities. The free paratransit service, as required by the Americans with Disabilities Act (ADA), has been offered jointly by the three communities since July 1992. The public hearing is scheduled for 6 p.m. on Dec. 15 at the Vail ~flunicipal Building. At that time, residents will be encouraged to suggest improvements or recommend other changes to the service. The current program, which offers free door-to-door service, is outlined in a 120- page document, and is available for public review by calling 949-4280. ~ ~ ~ xc = C~ ~i/ ')1'0 : All Interested Parties ~ `'t~ - 1Frorn: Cherie faller 476-7384 RE~~I~°~~ 0 1993 Re: Family Center 1Vleeting , ~c~~~ ~~~Ill~o Moncl~~a I~io~rro~~c~p ~~n~lq Il g~~3 5:30 - 7:00 pm l~i[eeting Edwards Elementary School r, ti: 8 _ L°' Self->{ntroduction,iRepresenting what organization? Committee Reports: (Tsu) Dead Start (Kathleen) Single Point of Entry (Cherie) TRC's NEW location (Janet, Colleen) Family Literacy (Cindy) EagleCare 1Vledical Clinic (Nancy, Cherie) Childcare Resource & Referral (Kevin) "VVF Family Learning Center" (Laurie & Bob) Central Rockies Prevention Project (Kathleen) ~ Family 1Vlediation Program (lVlarge, Cherie) "1-healthy Babies and Families" (1-lolly) self-care training (Sharon) "Kids Connection" (Kathleen) Self Sufficiency Project (Kathleen) Duman Resource Council OTI-IERS [child sexual assault task force, finances] Announcements l~~~or~~~~r~ D~a~~~: CE LEBRATI®N ®F L7S! ! ! Friday, December 3,1993 at 8:00 pm at the Eagle Town Hall. Remember to R.S.V.P. NOW! t t GENERAL MEMBERSHIP ld1[lE>ET1NC~ January 24, 1993 at 5:30 pm at Edwards Elementary ,School a r.~ I I iinz ~~~~~svs f,',.1 r s~~sap~9.a7 P° ~ 1 ~ .v ~1`I'~f if .1i' it t ~ ~ An ~ . a° Cr~~f~ (.1 . ~ ~3~~~' G)~~O Lllp Qt) 1; ~ - Vail Town Council 75 S. Frontage Rd. o~-robe i 9 9 3 R[~~~8~l~® ~0~ ~ ~ 999 ~ la h p• P PPS r~~~a~ ND U.S.A. v a i ~ C~ a ~m b ~e- ?r o f ~ a v~ Inn e~ c p ~ ~ c~o~a o b~aao~o~ cac~ ~~~t~ i~ Qc~~~~~a~~ ~~~~~~~o ~~a ~ ~ a a~ Da o ~ ~es pecf~u a ~g an ®a Phi tip ~u41~®r o~ "SGIEt~'~°l~lC ~IS~®~~~Y: I~STAI~7' CURE I'OR HIGH lI~~ERES~' R~?~ES° page 1 financial Professional, f~arcl~l~ ~fl 19~. S.S. "Vill~'1r~1 H®i~GR° in EC~~9BC5, Nor4h ®siltota State University, ®ecernber 9 992. Uo So Senate bdashington9 OC 205Y0 Here s one saarpri si ngl y persuasive point to rQSake i n Senate debate over NA~'Ae The people mho are instac~atina~ the curren~ absue°d med3 a f Deus on the House battle oven the NA~TA Treaty do not know ~+hat's best fern thereeselveso b!®Rt.D POWt~_ ZS F~T_ GTAK~. (This I ettzQ- i s nom cor~pl eted ~a th a rei ter'ati on qty 1 attar o~ August 26 9 193) a HePe' s a may fop y®~a to support W Epee trade'° ~hol e9~ear~tedl y and oppose an NA~f'A treaty ~afi~ol eheaPtedl y at the sa~eo Say this9 '°I thank that ghe United States ~auld be selling itself short to have any free trade agreetaent with Mexico vehen the aI ternati de teal d be a free trade agreement r.+i th Russa a i nstead o It i s i reopoPtant that any trade negotiations bet~ae®n the United States and Russia be uneneumberpd by participation of ~exicoa W®R~D PO~dER YS AT STAKE, Respectfully, Alan Do Phi s pp ~uti~or o~ "SCIEI~°~I~IC DISC®V~RY: Ii~S~ANT CURE 1=0R HIGH lf~~EI~ESV F`~°~ES° page 112, financial Prod®ssional, iUlarch/~ ail 19~~. S.S. "1~/lTH HOB®~° in EC®ldlCS, North ®akota S4ate` University, IJecember 9 992. ~L~~ - U nR~~-emu its ivo.nlL-tSLG-(bib fy0V.15r`JS 14~4~f t'.U1 cau.~. ~ U ~~t~ ~ ~ t~ovcmbex 15,1993 : s~~ ATTNo P11M }3RANCMEY~R Fax 303-479°2157 UeaT Vail Town Councils j.~~ , J where would Minneapolis be if it's foreperscns ir. t}~e • 18o0's dian't plan for public access? . Jir~• gild I live an P•Rir.~nehaha Cr~:ek/fiarkway in Minncapoli.s ; • hand also Last Vai].~. We don't awn the land Gr. the Creek ' in frorit of our hams either, but ~e can wa1.k fax many , miles in front of other peoples homes and they ouxs on • i:he creek and around i:he lakes • ia1 Minneapolis . ' y. i Yes, we pay considerably higher taxes to live on "our ' creek" but it truly isn't ours alone. Vail luckily has the Chance for some of the same awaxds r, ' and accolades if it too can put aside selfish mati~7CS . for t}ie good o£ the towno L•et's give the 7.'own of Vail a chance to bcneiit a7.1 • it's pcol:l c . Vote yes for publa.c access . • Sincerely, • r ~t i Ziz.~Kre`avwski 7 ~ •C i ~,1 . f , .C • j • • 3.; .fy ~ .i a i ! ~ a • i ~ • 1 ( 'r.~ l dst. , f. ~ ~ ~ . P.O. Box? Vail, Colorado 81658 303!479-2000-FAX 303/479-2019 303/479-2020-FAX 303/479-2029 303/479-2060-FAX 303/479-2069 RTovember 12, 1993 Dear Town Council 1Vlember, What do you think our visitors and local residents of Vail Village feel about the fact that the Town of Vail is considering turning a lovely may:... meadow, full of wild grasses, flowers, and aspens into a low income housing project for 32 apartments, parking lots, dumpsters and pavement? What would they say if they were told that this inexpensive housing construction was being placed on a site that is the very first thing you see when you exit I-70 at the main Vail Village off-ramp, north of the crowded 4-way stop? They would say this is ludicrous!! ATot only does this spoil the approach to Vail, it adds congestion to a long time problem area. . It sets a dangerous precedent for zoning changes, land exchanges and swaps that destroy open lands that protect us from becoming the "Wall Street of the West" with buildings lining our beautifial valley. Trying to force low income housing down the throat of the populace is not the long term solution. I have two apartments for employees on my own property, so I am sympathetic to the needs, but. the overall quality of life that has made Vail successful will not be served by stop gap - measures that make it possible for an employee to sleep a little later so that he can walk to work! ! I urge you to protest and vote to denv the zoning change that would convert the open meadow beside the nursery schools and Vail Village exit into low income housing. S' cerely, o Tyler ~3J577 ,Llupine Drive tl a~, '1.® Nail Asaociatas, Inc. -Creators and Operators of Vail and Beaver Creekm Resorts ~ may:, tr~lhr=a'. ,;~~~~;~:r,.~;~ ~ECEiV~b NOV ~ ~ 1993 November 10. 1993 Vail Town Council ~ 75 S. Frontage Road West Vail, Colorado 81657 Dear Council Members: I really ~ njoyed=:,the detailed presentation of the Trails and Open Space Program for the town. It was so thorough and infor- mative, and you are wise to be tackling it now, before all the available land is gone. As~what seemed to be the concensus last night, I do approve of the whole plan with the exception of the stream walk between the church and Lion's Head. Leaving out that small part of the plan would certainly not harm an otherwise exciting and broad concept. I hope you don't forget that this part of Vail Village, and especially the west end around Lion's Head Park with its forests, ponds, rivulets and Mountain Mahogany meadows is the only remaining truly wild, natural, untouched environment left. All the.rest of the village, to the east and the west, though attr.actively.~done, are now man-made manicured landscapes, sub- urban rather than. rural in character. There is no need here for pedestrian walkways, signs, and education. I encourage~~you to leave it alone, with its "social" and deer trails, as Vail Village's last remnant ,of wilderness. Sincerel , Maud Duke 182 West Meadow Drive P.S. We have never received any mailings from you, which is probably because we have no mailbox at Vail. Could you please therefore make sure that all information and notices to us are sent to: H. B. Duke, 5550 So. Steele St., Littleton, Co. 80121. Thanks very much. SENT 13Y~EAGLE COUNTY ;11-12-93 1551 30332872Q7-~ 3034792157;# 1/ 3 Naut;mber ~ 2, ~ 993 - 9; 22 kAIiLE COUNTY L;UILDING ~FftCf OF THE f',O. BOx 8517 BOARD OF COAAMISSIQNERS ~ F.AtiIE, COLORAUU 81831 (303} 328.8605 FA?(: (303) 336-7207 ...V: d`U~~~®~ 8~~~(~~~QU14~~CLy~U 6 UH6~~ U[~~EIS~('~~g-~e~~~ ' II~1~ b ~ tiYp ~ a~eQo~ iF iF ii # ii # # ii iF # iF ti iF ~F # +F 8 if tf. # # aE dF -ti ~i ii tS iF if # if ~ iS ti $ # # # ~8:~~ - ~9:®~ ~~ffiiK SE~S6pi~ - ~F~~P'EF~~ ~~~.~11~~~~~9 PAt of tha Holy Craw Ffaam ,98Ck Lewis, Gaunrty iV~laneger - '0~:3~ W~B~K SE~9Q~N - 1~lEEKL1Y ~~~~a-~'E nRt of the Holp Cross Raom .18~k L~wiSr ~oun4y fUianager ~m:3®- 'il'k:®® f~63EA1C ~~.~~D - R>~F~F11C ~E~~~®~ - f~EfNHal~9~ LB~'6C~ATB(~6~ Ntr afthe Hoty Crass Aanm 3ames R. (~f1tz~, GQUllty At~arney - Q~9:3® 0.4~~9~8'(I ° V~Qi:$I~ $E~S9~~! - ~'~V!!~ ®F ~9AlQ. ~°Afl9i;3s®A~ES o3~D - ~~:9 ~ ~ii1~~6C S1E~S¢~~9 - BEET-IN~~ ~~EN~EH~ Nit of the Hoiy Gross ftaam ~2:'D ~ - ~~~K ~E~~@®~ - ~'P49t]?EN~'S E~C;4.B= VALLEY Nlt of the Holy Cross Room ~B®®~~C ~~8"ll~~~ /5~ C.~WP61104CSlNOVE15.AGE r /a C~ s~a~~~~ SENT 13Y:EAGLE COUNTY ;11-12-93 ; 15:52 3033287207-~ 3034792157;# 21 3 ~~:~~i CDIlIBEi~"~ ~~LE6~DAlf$ Eaole County Roam kema of a routma and non-eontrovon:ial nature era Placed sn the concept oalande? to allow thb Board of Gowtty Corrtmiesionera to spend ibs time mid eneryp on more Important itoms op b IenEthy spends. My Gommiselwiar may reyuost that an itom ba ° REMOVED' from tho oonoan4 calendar snd consHldrsd separately. My member of tho publio moy "REQUEST' any item 6e "REMOVED" from the Consent Agenda. ii$ILL fi~~i~lli9~ Linda I~ankuch, Accounting Marlc Silverthorn, Controller ANTI®~1: Approval subject to review toy the County Manager. [91D ~1CCE1'~'ANCE FDR DELI~EFtIt fit` B~~® 'il"DN~ ~F X14" fl$®A~ BASE ~'D ~Y~~UM CREII~1C A~I1~ C®TT~]N4Alt'~D13~ lfaA~~ RDA® Brad Higgins, I~fSad and Bridge Supervisor A~'1"1Q~~9: Consider approval. d~RA~T APP'LICATIfJ~! F~~R lJiCT6bi~ r~~SI~TAi~CE Aiil~ Q,A@i!! E~IFDRCEiiAENT Kira Andrea, Sheriff's Office ~CTI~~1: Consider approval. D~o3llg - ~~:~5 ERES~7L19TIDt~ AI.~P'1'Ht~l;1~IlVG AIit1EtVDIVIEiiIT ~'t~'~t~lE"9'Fi;IJ~'1' FapdeCamtyRoom Ifs®IEI~~'ilF6E, 1=11~AIVCE A(~REElil1ENT AND DTFiEFi; L®6~CLIIyIENT~, RELATlIVl3 T~ T~tE ~p~l$TS FA~IL9TIES IRE~/Et~IJE fREFIJI~DIN~ li;®f~DS FAR BEA!!ER CREEK AN® ~@l~all. AB~DCIATE~ 'Matfi Hogan, Ballard, Spahr, Andrews, ~i Ingersoll AC'~'ilDl~l: Consider approval° m~:~~ - ~~:CD® t~. ~IEIaUCT1~f~R DF CCLLATEL AND ~IJBSTII"@,1T1®1~ DID Cagle County Room C®LLATEI~Ai~ F~I~ IaHd4SE '1, FILLN~ ~B, AE$f:$~~VI'IEAD ~iT ~~l Mary 30 13erenato, deputy County Attorney AC'Tll~~9: Consider approval. I~. FINAL SE~'6'LEAflENT 1~'t~l GIViCt~ CDRI'~RATID6~ FAR IEA~ILE CC~J~T~ CI-11~ ~EA~ Pt:tO~PtA6~i Brad Higgins, Road ar~d fridge Bupervtsor ACTI~h9: Consider approval. FI~1AL SIETTLIEI~IENT ~ll'1'I-I ~IUIC® CQRPDF~~'i1~N F~FB [~AC~fE (~D1.9NTlf 1~i1/4~ftlE$11J~fi CML~F~I~E CQ~I~TF$AC~ Brad Higgins, Road and Bridge Supervisor ACTIf~i~a consider approval. G;~WP51 ~bOC.^dldOV E15.AGE SENT BY~EAGLE COUNTY ;11-12-93 15 53 3033267207- 3034752157;# 3t 3 LEASE ~4~>REEi~E~T IBE~@~EEN E~~LE CO~Df~~4f ~G~~ F~tEf~D$ ~~F Et~GLE IViary ~a t3erenato, ®eputy County Attorney A~IE~~l: Go~nsider approval. E. ~0.81~~@~I$I~~Yt~~ ~I~A~ ~R9 LE'6~'ER ~F GPtEC11~ ANA ~0~ [~At;1~~L iRELEi45E ~F CC1iLLA?TERAL 1191lIVlBER ~~0$2, GLIB ~E~~Y 94~SIClo W~iRIVi~NY l/ilt~ SL9Ei;®I~IStC~t~ Larry ~Aetternictt, County Engineer ~C~t~~: Consider approval. ~ ~ lL6EtLil~1~ LBCE~ISE 6~E~RIN~ - t;~L®F~Ab~ EASE' ~iES~' Eaglet=ountY doom lfb~lRT~E~S I~IC, db~ I~-0YA'Yll' ~EC~EtVCY AT I~EAVIEI$ GFiEEIC ~ttary Jt1' Berenata, deputy Ca{unty Ateorney A~'If'l~l~: Consider approval. ®~:9 ~ ~ ®3:~m B~EAB~ ~~:3~ - ~~:Sa~ ~U~GE~ 9-IE~?RIi~G Eaolo t:a,~ri Room Jack D. Lewis, County iVlanager A11a~n Sartin, Finance Director c0~:~®- ®~:~5 B~ELEA~E ~®LLA~'EtL FCR iHt~NIES~EAD EdLI~~ Emile County Room t~~-~~I~ Larry fyletternlck, County Engineer /,~~G'T[1~~9e Consider approval. ~4:~5 e 11. d~ES~L9~B~lil Q~Qt~I'ING ~'E~111?CDRAFtIt LAND OJSIr Ee¢le County Room (f$E~ULA~'ICt~S ii$ELA~It~~ S(pf1-IOCL LAi~~ ®EI]IS:~~1~~9 FEES Jack D. Lewis. County li~anager ~iC~l~6~o Consider approval. I4, I'BES~L~J~'6~~ EST~BLtSHINC~ t=EES ll~ LIEN ~F SCH~®~. L~d~~ ~E~l~~~®N ~tE~USR#EtVIE>~~"S Jack Lewis, County Manager ~C~'t~b~9: Consider approval. ~~:1 E - ~1PE1~1 f~dEE~IN~ Eagle Counter Roam TH@ NFaCT flACCTWG OF T{IE EAGLE COUNTY r,ANiM189fONERS WILL pE FlELb ON NOVEMBER 16, 1993 THiS AGENDA IS pROVIDEU FOR WFORMATIONAL PU~IPno~ ONLY -ALL TIMEb ARE APPRdXIMATE. THE RnARD VYt11lE IN SESSION MAY CON6IDER bTWER ITEAlIS THAT ARE BROUGHT 9EFORE {T. t;:~WpS71oQC5WoVE7 5.AGE WORK SESSION FOLLOW-UP November 12, 1993 Page 1 of 2 TOPIC 2~UESTIONS FOLLOW~UP SOLUTIONS 1991 11119 NEWSPAPER VENDING MACHINES TOM M.IJIM C.: What can be done to make these uniform Problem will be resolved by 111/94. When new planner is hired and work and locations less prolific? assignments are given in CDD, priority will be reassessed. 1992 ~ ~ 11110 COUNTY REGIONAL MEETINGS Next meeting_ to be announced. 1993 09/30 PAY-IN-LIEU PARKING TOM M./KRISTAN: Because this is a zoning code change, Scheduled for discussion at 12/14/93, Work Session. PEC will first review the proposed increase/space. 10119 REQUEST FOR PURCHASE OF COUNCIUSTAFF: Follow-up and respond to petitions Appraisal underway. TRAPPER'S RUN PARCEL presented at 10/19193, TC Regular Evening meeting. 10119 VRD CONTRACT LARRY G./TOM M.ISTEVE T.: (Council wishes to complete Set for 11116193 Work Session (Executive Session). this prior to the 11/16/93, Regular Municipal Election.) One issue to remain .mindful of is Worldwide Church of God has been booked through the year 2000 by the VVT&CB, and will be requesting days each year and some support with labor re: set-up. , 10/19 FOREST ROAD STREET TOM M.: Urge Joe Macy to work with Bruce Chapman and Dialogue continuing between effected parties, although no written CONTRACT W1VA homeowners so street use agreement can be signed prior agreement has been submitted at this time. Tom M. has spoken with to ski season opening 11113/93. both Rob Sperberg (VA) and Bruce Chapman to reconfirm working on a street maintenance agreement only. Other details are to be worked out i between homeowners and VA. 10/19 BERRY CREEK 5TH COUNCIUSTAFF: Bring back to Council for discussion of Scheduled for 12!14193 Council Work Session. school site following both November elections. 10/19 SNOW STORAGE LAND GREGILARRY G.: Immediately pursue purchase from VA PURCHASE of current snow storage site, as well as another 10 acres adjacent to the west. 10126 WATER QUALITY DEVELOPMENT TOM M.: Prepare supporting ordinance. REVIEW REGULATIONS/NWCCOG November 12, 1993 Page 2 of 2 11109 DRAFT RESOLUTION RE: TOM M.: Prepare resolution. RANGELAND DOCUMENTlBRUCE ' BABBITT VAIL TOWN COUNCIL ~~~~~l~ ~~~~I~~ai M~~~I~~ TOES®AV, NOVEMBER 16, 9993 7:30 P.M. IN TOV COUNCIL CHAMBERS AGEN®A 1. CITIZEN PARTICIPATION. 2. Consent Agenda: A. Ordinance No. 29, Series of 1993, second reading, an ordinance granting a franchise by the Town of Vail to Public Service Company of Colorado, its successors and assigns, the right to furnish, sell and distribute gas to the Town and to all persons, businesses, and industry within the Town and the right to acquire, construct, install, locate, maintain, operate and extend into, within and through said Town all facilities reasonably necessary to furnish, sell and distribute gas within the Town and the right to make reasonable use of all streets and other public places and public easements as herein defined as may be necessary; and fixing the terms and conditions thereof. B. Ordinance No. 30, Series of 1993, second reading, an ordinance dedicating a public, non-exclusive right-of-way in and upon Tract A, Vail Village 8th Filing. C. Ordinance No. 31, Series of 1993, second reading, an ordinance to amend Section 18.57.060 B 13 of the Municipal Code of the Town of Vail. D. Ordinance No. 32, Series of 1993, second reading, an ordinance amending Title 2, of the Municipal Code of the Town of Vail by the addition of Chapter 2.38 - Limitation of Terms, to provide for the limitation of terms for all permanent Town of Vail Boards and Commissions. 3. Adjournment. NOTE UPCOMING MEETING START TIMES BELOW: THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TOES®AV, ~ 1/23/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THERE WILLL BE N® REGULAR WORK SESSION OR REGULAR EVENING MEETING ON TOES®AY, 11/30/93. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TOES®AV, 12/7/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUES®A~f, 12/7/93, BEGINNING AT 7e30 P.M. IN TOV COUNCIL CHAMBERS. C:WGENDA.TC VAIL TOWN COUNCIL ~E~~LAR EVEIVIIVC~ MEETINt~ TUES®Alf, NOVEMBER ~ 6, ~ 993 7:30 I.M. IN TOV COUNCIL CHAMBERS EXPAN®E® AGEN®A 7:30 P.M. 1. CITIZEN PARTICIPATION. 7:35 P.M. 2. Consent Agenda: Tom Moorhead A. Ordinance No. 29, Series of 1993, second reading, an Ron Carpenter ordinance granting a franchise by the Town of Vail to Public Phil Noll Service Company of Colorado, its successors and assigns, the right to furnish, sell and distribute gas to the Town and to all persons, businesses, and industry within the Town and the right to acquire, construct, install, locate, maintain, operate and extend into, within and through said Town all facilities reasonably necessary to furnish, sell and distribute gas within the Town and the right to make reasonable use of all streets and other public places and public easements as herein defined as may be necessary; and fixing the terms and conditions thereof. Greg Hall B. Ordinance No. 30, Series of 1993, second reading, an ordinance dedicating a public, non-exclusive right-of-way in and upon Tract A, Vail Village 8th Filing. Tom Moorhead C. Ordinance No. 31, Series of 1993, second reading, an ordinance to amend Section 18.57.060 B 13 of the Municipal Code of the Town of Vail. Tom Moorhead D. Ordinance No. 32, Series of 1993, second reading, an ordinance amending Title 2, of the Municipal Code of the Town of Vail by the addition of Chapter 2.38 -Limitation of Terms, to provide for the limitation of terms for all permanent Town of Vail Boards and Commissions. 7:40 P.M. 3. Adjournment. NOTE UPCOMING MEETING START TIMES BELOW: THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE OBI TUES®A~f, ~ 4/23/93, BEGINNING AT 2:00 I.M. IN TOV COUNCIL CHAMBERS. TI~ERE WILL BE N® REGULAR WORK SESSION OR'REGULAR EVENING MEETING ON TUES®AY, 44/30/93. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL f8E OBE TUES®Al~, 42/7/93, BEGINNING AT 2:00 R.M. IN TOV COUNCIL CHAMBERS. TI1E 1=0LLOWING VAIL TOWN COUNCIL REGULAR Ei/ENING MEETING WILL BE ON TUES®A~f, 42/7/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:WGENDA.TCE a ~ ORDINANCE NO.: 29-Series of 1993 AN .ORDINANCE GRANTING A FRANCHISE BY THE TOWN OF VAIL TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO FURNISH, SELL AND DISTRIBUTE GAS TO THE TOWN AND TO ALL PERSONS, BUSINESSES, AND INDUSTRY WITHIN THE TOWN AND THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, .MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH SAID TOWN ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE GAS WITHIN THE TOWN AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND OTHER PUBLIC PLACES AND PUBLIC EASEMENTS AS HEREIN DEFINED AS MAY BE NECESSARY; AND FIXING THE TERMS AND CONDITIONS THEREOF. TABLE OF COh ~r~dTS 1. DEFINITIONS . 1 2. GRANT OF FRANCHISE 3 2.1 Grant of Franchise 3 2.2 Term of Franchise . 4 3. FRANCHISE FEE 5 3.1 Franchise Fee . 5 3.2 Payment Schedule . 5 3.3 Change of Franchise Fee and Other Franchise Terms 6 3.4 Franchise Fee Payment in Lieu of Other Fees 7 4. SUPPLY, CONSTRUCTION AND DESIGN 7 4.1 Supply of Gas ~ . 7 4.2 Restoration of Service S 4.3 Obligations Regarding Company Facilities 8 4.4 Excavation and Construction . S 4.5 Relocation of Company Facilities 9 4.6 Service to New Areas 9 4.7 Town Not Required to Advance Funds 9 4.8 Technological Improvements 10 5. COMPLIANCE 10 5.1 Town Regulation 10 5.2 C~.«rliance With Town Requirements 11 5.3 Town Review of Construction and Design 11 5.4 Compliance with PUC Regulations 12 . 5.5 Compliance With Air and Water Pollution Laws. 12 5.6 Inspection 12 6. PUBLIC UTILITIES COMMISSION 13 6.1 Public Utilities Commission Regulation 13 7. REPORTS TO TOWN 13 7.1 Reports on Company Operations 13 7.2 Copies of Tariffs, All PUC Filings 14 S. INDEMNIFICATION OF THE TOWN 14 8.1 Town Held Harmless 14 8.2 Payment of Expenses Incurred by Town in Relation to Ordinance ~ 15 - i - 9. TRANSFER OF FRANCHISE ~ 15 9.1 Consent of Town Required 15 9.2 Transfer Fee 15 10. PURCHASE OR CONDEMtVATION 16 10.1 Town's Right to Purchase or Condemn • 16 10.2 Continued Cooperation by Company 16 10.3 Right of First Purchase. . • • 17 11. REMOVAL OF COMPANY FACILITIES AT END OF FRANCHISE 18 11.1 Limitations on Company Removal • 18 12. TRANSPORTATION OF GAS 18 12.1 Transportation of Gas 18 13. FORFEITURE 19 13.1 Forfeiture 19 13.2 Judicial Review 20 13.3 Other Legal Remedies 20 13.4 Continued Obligations 20 14 . AMENDMENTS 2 0 14.1 Amendments to Franchise 20 15. MISCELLANEOUS 21 15.1 Successors and Assigns 21 15.2 Third Parties 21 15.3 Representatives • 21 15.4 Severability 22 15.5 Entire Agreement 22 16. APPROVAL 22 16.1 Council Approval 22 16.2 Company Appro~tal 23 - ii - I I BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL; COLORADO: I ARTICLE 1 DEFINITIONS ~ i §1.0 For the purpose of this franchise, the followings words and phrases shall have the meaning given in this article. When not inconsistent with the context, words., used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number iinclude the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined in this article shall be given their common and ordinary meaning. I I 1.1 "Company" refers to and is Public ServicelCompany of Colorado, and its successors and assigns, but does root include its affiliates, subsidiaries or any other entity iin which it has an ownership interest. i 1.2 "Council" or' "Town Council" refers to and is the legislative body of the Town. ~ 1.3 "Distribution Facilities" refers to and is only that I portion of the Company's gas system which delivers gas from the down side of the regulator station to the point-of- i i 1 ~ I i I delivery of the customer, including all devices connected to that system. 1.4 "Facilities" refer to and are all facilities reasonably necessary to provide gas into, within and through the Town and include plants, works, systems, lines, equipment, pipes, mains, gas compressors and meters. 1.5 "Gas" or "Natural Gas" refers to and is such gaseous fuels as natural, artificial, synthetic, liquefied natural, liquefied petroleum, manufactured, or any mixture thereof. 1.6 "Public Easements" refer to and are public and dedicated easements created and available for use by investor-owned, or other public utilities for their facilities. 1.7 "Public Utilities Commission" or "PUC" refers to and is the Public Utilities Commission of the State of Colorado or other authority succeeding to the regulatory powers of the Public Utilities Commission. 1.8 "Residents" refers to and includes all persons, busi- nesses, industry, governmental agencies, and any other entity whatsoever, presently located or to be hereinafter located, in 2 ~ I I whole or in part, within the territorial boundaries of the Town. I 1.9 "Revenues" refer to and are those amounts of money which the Company receives from its customers within the Town from I the sale of gas under rates authorized by the Public Utilities Cv.~uul3SlOn as well as from the transportation of gas to its i customers within the Town and represents amounts billed under such rates as adjusted for refunds, the net write-off of uncollectible accounts, corrections or other regulatory adjustments. 1.10 "Streets and Other Public Places" refer to and are i streets, alleys, viaducts, bridges, roads, lanes and other public places in said Town. 1.11 "Town" refers to and is the munici al cor oration P P designated as the Town of Vail, Eagle County, Colorado and includes the territory as currently is or may in the future be included within the boundaries of the Town of Vail. ARTICLE 2 GRANT OF FRANCHISE ~ §2.1 Grant of Franchise. The Town of Vail hereby grants to i Public Service Company, for the period specified in and subject to I 3 ~ the conditions, terms and provisions contained in this franchise, a non-exclusive right to furnish, sell and distribute gas to the Town and to all residents of the Town. Subject to the conditions, terms and provisions contained in this franchise, the Town also hereby grants to the Company a non-exclusive right to acquire, construct, install,, locate, maintain, operate and extend into, within and through the Town all facilities reasonably necessary to furnish, sell and distribute gas within and through the Town and a non-exclusive right to make reasonable use of the streets and other public places and public easements as may be necessary to carry out the terms of this franchise. These rights shall extend to all areas of the Town as it is now constituted and to additional areas as the Town may increase in size by annexation or otherwise. §2.2 Term. ~f FFranchise. This franchise shall take effect on February 1, 1994. The term of this franchise shall be for 20 years, beginning with said effective date of this franchise and expiring on January 31, 2014. 4 ARTICLE 3 FRANCHISE FEE §3.1 Franchise Fee. In consideration for the grant of this franchise, the Company shall pay the Town a sum equal to two percent (2g) of all revenues received from the sale and transpor- tation of gas within the Town, excluding revenues received from the Town for the sale of gas to the Town. i ~i §3.2 Payment Schedule. For the franchise fee owed on revenues received after the effective date of this franchise, payment shall be made in monthly installments not more than thirty days following the close of the month for which payment is to be made. Initial and final payments shall be prorated for the portions of the months at the beginning and end of the term of this ordinance. All payments shall be made to the Finance Director. The Finance Director, or other authorized representatives, shall have access to the books of the C~~«rany for the purpose of auditing or checking to ascertain that the franchise fee has been correctly computed and paid. In the event an error by the C~~«~,any results in an overpayment of the franchise fee to the Town and said overpayment is in excess of $3,200, credit for the overpayment shall be spread over the same period the error was undiscovered) If the 5 overpayment is $3,200 or less, credit shall be taken against the next payment. X3.3 Chancre of Franchise Fee and Other Franchise Terms. Once during each calendar year of the franchise term the Town Council, upon giving 30 days notice to the C~~«rany of its intention so to do, may review and change the consideration the Town may be entitled to receive as a part of the franchise; provided, however, the Council may only change the consideration to be received by the Town under the terms of this franchise to the equivalent of the consideration paid by the Company to any city or„town in the State of Colorado in which the Company supplies gas under franchise. The Company shall report to the Town within sixty (60) days of the execution of a subsequent franchise or of any change of franchise in other municipalities that could have a significant financial impact on the consideration to be paid by the Company to the Town hereunder. If the Town Council decides the consideration shall be so changed, it shall provide for such change by ordinance; provided, however, that any change in the franchise fee is then allowed to be surcharged by the C~~«~any; and provided, further, that the consideration is not higher than the highest consideration paid by the Company to any municipality within 'the State of Colorado. For purposes of this Section, consideration means the franchise fee established in Article 3, Section 1; and also 6 includes any other provision which is of similar significant financial benefit to the Town. , §3.4 Franchise Fee Payment in Lieu of Other Fees.. Payment of the franchise fee by the Company is accepted by the Tov~m' in lieu of i any occupancy tax, license tax, permit charge, inspection fee, or similar tax on the privilege of doing business or in!connection ' i with the physical operation thereof, but does not ;exempt the Company from any lawful taxation upon its property or any other tax I not related to the franchise or the physical operation thereof and does not exempt the Company f rom payment of head taxes or other fees or taxes assessed generally upon businesses. ~ ARTICLE 4 ~ I SUPPLY, CONSTRUCTION AND DESIGN i I §4.1 Su~nly of Gas. The Company shall take all reasonable and necessary steps to provide an adequate supply of gas to its customers at the lowest reasonable cost consistent with long-term reliable supplies. If the supply of gas to its custome s should be interrupted, the Company shall take all necessary andi reasonable actions to restore such supply within the shortest practicable time. i I ~ I i t X4.2 Restoration of Service. In the event the C~.«~,any's gas system, or any part thereof, is partially or wholly destroyed or incapacitated, the Company shall use due diligence to restore its system to satisfactory service within the shortest practicable time. §4.3 Obligations Regarding Comnanv Facilities. The Company shall install, maintain, repair, renovate and replace its facil- ities with due diligence in a good and workmanlike manner and the Company's facilities will be of sufficient quality and durability to provide adequate and efficient gas to the Town and its residents. Company facilities shall not interfere with the Town's water mains, sewer mains or other municipal use of streets and other public places. The C~~«~,any shall erect and maintain its facilities in such a way so as to minimize interference with trees and other natural features. Company facilities shall be installed in public easements so as to cause a minimal amount of interference with such property. §4.4 Excavation and Construction. All excavation and construction work done by the C~~«rany shall be done in a timely and expeditious manner which minimizes the inconvenience to the public and individuals. All public and private property whose use conforms to restrictions in public easements disturbed by Company excavation or construction activities shall be restored by the S Company at its expense to substantially its former condiition within a reasonable time. §4.5 Relocation of ~nmPanX Facilities. Any relocation of the Company's facilities in any street or other public place required, caused or occasioned by any Town project shall be at the • cost of the Company. Relocation shall be complete) within a reasonable time from the date when the Town makes its reiquest, such time to be established by the Company as soon as possib ~e after the Town's request. The C~~«~,any shall be granted an extension of time of completion equivalent to any delay caused by conditions not under its control provided that the Company proceeds with due diligence at all times. §4.6 Service to New Areas. If the boundaries of the Town are expanded during the term of this franchise, the Company shall extend service to residents in the expanded area at tie earliest practicable time and in accordance with the C~.«~,any's extension policy. Service to the expanded area shall be in accordance with the terms of this franchise agreement, including payment of franchise fees. §4.7 Town Not Recruired to Advance Funds. Upon receipt of the Town's authorization for billing and construction, the Company shall extend its facilities to provide gas to the Town for 9 ~ i municipal uses within the Town limits or for any major municipal facility outside the Town limits, and within the Company certificated service area, without requiring the Town to advance funds prior to construction. §4.8 Technoloaical ImDrovements.~ The Company shall generally introduce and install, as soon as practicable, gas technological advances in its equipment and service within the Town when such advances are technically and economically feasible and are safe and beneficial to the Town and its residents. Unless otherwise requested by the Town, the Company shall review and promptly report substantial advances which have occurred in the gas utility industry that have been incorporated into the Company's operations in the Town in the previous year or will be so incorporated in the six months following the Company's report. ARTICLE 5 COMPLIANCE §5.1 Town Regulation. The Town expressly reserves, and the C~.«~any expressly recognizes, the Town's right and duty to adopt, from time to time, in addition to the provisions herein contained, " such Charter provisions, ordinances and rules and regulations as may by the Town be deemed necessary:in the exercise of its police 10 .power for the protection of the health, safety and welfare of its citizens and their properties. §5.2 Compliance With Town Recsuirements.. The Company will comply with all Town requirements regarding curb and pavlement cuts, excavating, digging and related construction activities. If requested by the Town, the Company shall submit copies of reports of annual and long-term planning for capital improvement projects with descriptions of required street cuts, excavation, digging and related construction activities within 30 days after issuance. Except for emergencies, the Town may require that all installations be coordinated with the Town's street improvement programs. The Town Engineer shall be the Town's agent for inspection and for compliance with Town ordinances and regulations on any such projects. §5.3 Town Review of Construction and Desicrn.. Except in emergency circumstances, prior to construction of any significant gas facilities above ground, the Company shall furnish to the Town the plans for such facilities. In addition, the Company shall assess and report on the impact of such proposed construction on the Town environment. Such plans and reports may be reviewed by the Town to ascertain, inter alia, (1) that all applicable laws including building and zoning codes and air and water pollution regulations are complied with, (2) that aesthetic and good planning, 11 principles have been given due consideration and (3) that adverse impact on the environment has been minimized. §5.4 Compliance with PUC Regulations. The gas which the Company distributes shall conform with the standards promulgated by the Public Utilities Commission in the Rules Regulating the Service of Gas Utilities and with the tariff provisions ,of the Company setting standards, as the same may be amended from time to time. §5.5 Compliance With A..r ~,n~ Water Pal li~* ~ ~n Laws . The Company shall use its best efforts to take measures which will result in its facilities meeting the standards required by applicable Federal and State air and water pollution laws. Upon the Town's request, the Company will provide the Town with a status report of such measures. §5.6 Inspection. The Town shall have the right to inspect at all reasonable times any portion of the C~~«Nany's system used to serve the Town and its residents. The Town shall also have access to C~.«rany records for the purpose of determining Company compliance with this franchise. The Company agrees to cooperate ~ with the Town in conducting the inspection and to correct any discrepancies affecting the Town's interest in a prompt and efficient manner. 12 i I I ARTICLE 6 PUBLIC UTILITIES COMMISSION §6.1 Public Utilities Commission Recrulation. The Town and the Company recognize that the lawful provisions of thei Company's tariffs on file and in effect with the Public Utilities, Commission which are consistent with the restrictions and limitations of Article XXV of the Colorado Constitution regarding the rights of municipalities to franchise are controlling over any inconsistent provision in this franchise dealing with the same subject matter. I In the opinion of the Company, no provision of this franchise is inconsistent with any of the currently effective provisions of the Company's tariffs. I ARTICLE 7 REPORTS TO TOWN §7.1 Reports on Company Operations. The C~,«~,any shall submit reasonable and necessary reports containing or based on information readily obtainable from the Company's books and records as the Town may request with respect to the operations of the Company under this franchise and provide the Town with a list of real property within the Town which is owned by the C~.«rany. 13 I I §7.2 Conies of Tariffs, All PUC Filings. The-Company shall keep on file in the nearest Company office, all tariffs, rules, regulations and policies approved by the Public Utilities Commission relating to service by the C~,«~,any to the Town and its residents. Upon request by the Town, the Company shall provide the Town with copies of filings affecting said service which it makes with the PUC. ARTICLE 8 INDEI~9VIFICATION OF THE TOWN §S.1 Town Held Harmless. The Cu,~~rany shall indemnify, defend and .save the Town harmless from and against all liability or damage and all claims or demands whatsoever in nature arising out of the operations of the Company within the Town pursuant to this franchise and the securing of and the exercise by the Company of the franchise rights granted in this ordinance and shall pay all reasonable expenses arising therefrom. The Town will provide prompt written notice to the Company of the pendency of any claim or action against the Town arising out of the exercise by the Company of its franchise rights. The Company will be permitted, at its own expense, to appear and defend or to assist in defense of such claim. Notwithstanding any provision hereof to the contrary, the Company shall not be obligated to indemnify, defend or hold the Town harmless to the extent any claim, demand or lien arises out of 14 i or in connection with any negligent act or failure to act of the Town or any of its officers or employees. §8.2 Pavment of Expenses Incurred by Town in Relation to Ordinance. At the Town's option, the Company shall pay in advance or reimburse the Town for expenses incurred in publication of notices and ordinances and for photocopying of documents arising out of the negotiations or process for obtaining the franchise. ARTICLE 9 I TRANSFER OF FRANCHISE §9.1 Consent of Town Recruired. The Company shall not transfer or assign any rights under this franchise to a third party excepting only corporate reorganizations of the Company not including a third party, unless the Town Council shall approve in writing such trans- fer or assignment. Approval of the transfer or assignment shall not be unreasonably withheld. §9.2 Transfer Fee. In order that the Town may share ii the value this franchise adds to the Company's operation, any such transfer or assignment of rights under this franchise requiring the approval of the Town Council shall be subject to the conditiois that the transferee shall promptly pay to the Town of Vail a pro rata share of one million dollars, which pro rata amount of one million 15 dollars shall be calculated by multiplying one million dollars times a fraction of which the then population of the Town of Vail is the numerator and the then population of the City and County of Denver is the denominator. Such transfer fee shall not be recovered from the Town or from the Town residents or property owners through gas rates of customers in the Town of Vail or by surcharge by the transferee or the Company. ARTICLE 10 PURCHASE OR CONDEMNATION §10.1 Town's Riaht to Purchase or Condemn.. The right of the Town to construct, purchase or condemn any public utility works or ways, and the rights of the Company in connection therewith, as provided by the Colorado Constitution and statutes, are hereby expressly reserved. §10.2 Continia,e~ Cooperation by Comnanv,. In the event the Town exercises its option to purchase or condemn, the Company agrees that, at the Town's request, it will continue to supply any service it supplies under this franchise, for the duration of the term of this franchise pursuant to terms and conditions negotiated for such continued operation. 16 i ~i §10.3 Ricrht of First Purchase.. In the event the Company at any time during the term of this franchise proposes to sell~or dispose of any of its real property located within the Town, it ihall grant to the Town the right of first purchase of same. The Company shall obtain a qualified appraisal on any such property and the Town shall have sixty days in which to exercise the right of first purchase by giving written notice to the Company. Should the Town not provide the required written notice, the Company may proceed to negotiate with others for the sale of such property provided that the Company may not sell such property for an amount less. than 90 percent of the appraised value without first providing the Town with an opportunity to purchase such property at such lesser price, in which event the Town must notify the Company in writing within 30 days if it wishes to purchase such property. It is understood that nothing in this paragraph shall preclude the Company from transferring real property to a subsidiary or affiliate without first according the Town the rights referred to above, provided that if the transferee proposes to sell or dispose of such property within one year, it shall not do~so without first affording the Town the rights referred to above. 17 z , 0 ARTICLE 11 REMOVAL OF COMPANY FACILITIES AT END OF FRANCHISE §11.1 Limitations on COmDanV Removal. In the event this franchise is not renewed at the expiration of its term or the Company terminates any service provided herein for any reason whatsoever, and the Town has not purchased or condemned the system ,and has not provided for alternative service, the Company shall have no right to remove said system pending resolution of the disposition of the system. The Company further agrees it will not withhold any temporary services necessary to protect the public and shall be entitled only to monetary compensation in no greater amount than it would have been entitled to were such services provided during the term of this Franchise. Only upon receipt of written notice from the Town stating that the Town has adequate alternative gas energy sources to provide for the people of the Town shall the C~~«~any be entitled to remove any or all of said systems in use under the terms of this franchise. ARTICLE 12 TRANSPORTATION OF GAS §12.1 TransDOrtation of Gas. The Town expressly reserves the right to obtain or produce gas. The C~~«rany shall transport natural gas purchased by the Town for use in Town facilities 18 pursuant to separate contracts with the Town. The Company agrees I to transport gas made available for sale on terms and conditions comparable to other contracts entered into contemporaneously by the Company with similarly situated customers. ARTICLE 13 FORFEITURE §13.1 Forfeiture. Both the Company and the Town recognize there may be circumstances whereby compliance with the provisions of this franchise is impossible or is delayed because of circumstances beyond the Company's control. In those instances, the Company shall use its best efforts to c~~«rly in a timely manner and to the extent possible. If the Company fails to perform any of the terms and conditions of this franchise and such failure is within the Company's control, the Town, acting by and (through its Council, may determine, after hearing, that such failure is of a substantial nature. Upon receiving notice of such determination, the Company shall have a reasonable time in which to remedy the violations. If during said reasonable time corrective actions have not been successfully taken, the Town, acting by and through its Council, shall determine whether any or all rights and privileges granted the Company under this ordinance shall be forfeited. 19 S n 'V 0 §13.2 Judicial Review. Any such declaration of forfeiture shall be subject to judicial review as provided by law. §13.3 Other Leaal Remedies. Nothing herein contained shall limit or restrict any legal rights that the Town or the~Company may possess arising from any alleged violation of this franchise. §13.4 Continued Obliaations. Upon forfeiture, the Company shall continue to provide service to the Town and its residents in accordance with the terms hereof until the Town makes alternative arrangements for such service. If the Company fails to provide continued service, it shall be liable for damages to the Town. ARTICLE 14 AMENDMENTS §14.1 AmPnrimPnrs t~ Franchise. At any time during the term of this franchise, the Town, through its Town Council, or the Company may propose amendments to this franchise by giving 30 days' written notice to the other of the proposed amendment(s) desired and both parties thereafter, through their designated representatives, will negotiate within a reasonable time in good faith in an, effort to agree on mutually satisfactory amendment(s). The word "amendment" as used in this Section does not include a change authorized in Section 3.3. 20 a r ARTICLE 15 MISCELLANEOUS §15.1 Successors and Assigns. The rights, privileges, franchises and obligations granted and contained in thi ordinance shall inure to the benefit of and be binding upon Public Service Company, its successors and assigns. §15.2 Third Parties. Nothing contained in this franchise shall be construed to provide rights to third parties. §15.3 Representatives. Both parties shall designati from time to time in writing representatives for the Company and the Town who will be the persons to whom notices shall be sent regarding any action to be taken under this ordinance. Notice shall be in writing and forwarded by certified mail or hand delivery to the persons and addresses as hereinafter stated, unless the persons and . addresses are changed at the written request of either party, delivered in person or by certified mail. Until any such change shall hereafter be made, notices shall be sent to the Town and to the Company's Mountain Division Manager. Currently the addresses are as follows: 21 t '1 6 O For the Town of Vail: Town Manager, Town of Vail 75 S. Frontage Road Vail, Colorado 81657 For the Company: Mountain Division Manager Summit County Operations Center P.O. Box 1819 Silverthorne, Colorado 80425 §15.4 Severabilitv,. Should any one or more provisions of this franchise be determined to be illegal or unenforceable,, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a term that will achieve the' original intent of the parties hereunder. §15.5 Entire Aareement. This franchise constitutes the entire agreement of the parties. There have been no representations made other than those contained in this franchise. ARTICLE 16 APPROVAL §16.1 Council AnDroval. This grant of franchise shall not become effective unless approved by a majority vote of the Town Council. 22 ~e .t • X16.2 Comr~anv Annroval. The Company shall file with the Town Clerk its written acceptance of this franchise and of all of its terms and provisions within ten days after the adoption of this franchise by the Town Council. The acceptance shall be in form and content approved by the Town Attorney. If the Company shall fail to timely file its written acceptance as herein provided, this franchise shall be and become null and void. INTRODUCED, READ AND ORDERED PUBLISHED this day of 1993. PASSED, ADOPTED AND APPROVED this day of , 1993. Mayor ATTEST: Town Clerk APPROVED AS TO FORM Town Attorney Publication Dates: First Publication Second Publication 36678 I 23 , ®F3®INANCE N®. 30 SERIES ®F X983 AN ®R®INANCE ®E®ICATING ~ fpUf$LIC, N®N=EXCLUSIVE RIGFI">P"-®F-WAY IN AN® U~®N TI~ACS~ VAIL VILLAGE 8th FILING. UVHEREAS, the Town of Vail finds it is necessary to provide such right-of-way for the benefit of the community to provide access as needed for the public good. NOVV, THEREFORE, BE IT ORDAINED BY THE TOU1/N COUNCIL OF THE TONVN OF VAIL, COLORADO THAT: Section 1 The Town Council directs that a public, non-exclusive right-of-way be dedicated for all public purposes over the described parcels "A", "B", and "C" as set forth in the attached Exhibit 1 which parcels are identified from Tract A, Vail Village 8th Filing. Section 2 Further, Town Council directs that a Certificate pursuant to 17.32.500 of the Municipal Code of the Town of Vail be filed with the Clerk and Recorder of Eagle County, Colorado for the conveyance of the public dedications set forth herein. 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. 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. 1 Ordinance Na. 30, Series of 1993 s 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 2nd day of November, 1993, and a public hearing shall be held on this Ordinance on the 16th day of November, 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, 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:\ORD93.30 2 Ordinance No. 30, Series of 1993 iS l ®IB®ON~IUCE N®. 39 SER6ES ®E 9393 A~ ®R®9NANCE Af~IEN® SECTI®N 98.57.060 S 93 ®F T6~E MUN9CIPA~. C®®E ®F T~GE ~®VVII~ ®F !/A9~. WHEREAS, Ordinance No. 27, Series of 1992, amended Section 18.57.020 -Employee Housing Units (EHUs) generally of the Municipal Code of the Town of Vail; and WHEREAS, there was a typographical error contained in Section 6 thereof improperly referring to "Type I EHU". NOW, THEREFORE, BE IT ORDAINED BY~THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 18.57.060 B 13 is hereby amended to read as follows: (13) Thirty days prior to the transfer of a deed for a Type @@I EHU, the prospective purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser meets the criteria set forth in Sections 18.57.020 C and 18.57.060 B 11 (a) and shall include an affidavit affirming that he or she meets these criteria. 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. 1 Ordinance No. 37, Series of 1993 A Section 5 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 2nd day of November, 1993, and a public hearing shall be held on this Ordinance on the 16th day of November, 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, 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:10RD93.31 2 Ordinance No. 31, Series of 1993 r' ' ~ ®R®BN~?NCE N®. 32 SERSES ®F ~ 993 y~~p G'4~119CpI ~ p®®A®"9®~®VP11~1~~ @91YA ~1r®Ilp~~i~ g~~~®pL~~®~ S, a0 11 tl-A~ Otl9i.9 A@~C'~~~ C®®~ ~67~ 0 ®YY A~ Y~~~ BY THE e4®®BTI®P9 ®F CHAPTER 2.38 ~ ~91VIOTAT!®IV ®F TERiVIS, T® PR®V9®E ~®R THE IL911A~TAT@®1~ ®F TERMS F®R ALA PERIIAAIVENT T®VVN ®P !lA9~ E®AR®S ABV® C®IVIMISS@®I~S. WHEREAS, Ordinance No. 30, Series of 1992, provided for the amendment of Title 2, by the addition of limitation of terms, to provide for the limitation of terms for all members of permanent Town of Vail Boards and Commissions; and WHEREAS, Ordinance No. 30, Series of 1992, improperly identified the addition of the Chapter as Chapter 2.36; and WHEREAS, there is presently existing in the Municipal Code of the Town of Vail Colorado a Chapter 2.36. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Title 2 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 2.38 -Limitation of Terms, to read as follows: 2.38.010 No member of any permanent Town of Vail Board or Commission shall serve for more than eight consecutive years. A Board or Commission member who has served eight (8) consecutive years may serve again after a period of one (1)year ofnon-service. Notwithstanding the foregoing, if there are an insufficient number of applicants for a vacant position or positions on any permanent TOV Board or Commission, a Board or Commission member who has served for more than eight (8) consecutive years shall be eligible to apply for reappointment. 2.38.020 All current members of the Town's permanent Boards or Commissions on the effective date of this ordinance shall be entitled to complete their term of office regardless of whether the completion of such term would exceed eight (8) years. Section 2 b 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 1 Ordinance No. 32, Series of 1993 W 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. Section 5 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 2nd day of November, 1993, and a public hearing shall be held on this Ordinance on the 16th day of November, 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, 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:\ORD93.32 2 Ordinance No. 32, Series of 1993 E ' TOWN COUNCIL CANDIDATES ' REGULAR MUNICIPAL ELECTION - NOVEMBER 16, 1993 . Pegg N -Margaret A. Oster -s~s S,r'S~~ ~-Sybill Navas ~,~~v 30-50 N o Frontage, #4~ ~ ~18"3~Gore Creek Dr o (Mail ) Vail, CO 81657 3255 Ratsos Ranch Rd. (Res) Vail, CO 81657 1) Jack Curtin 1) Tim~Boyle 2) Jim Lamont 2) Debbie Nicholson 3) Ross D. Piper 3) Michael Steimle 4) Jim~Shearer 4) Trudi G. Youngquist 5) Jim Gibson 5) Jorge A. Navas 6) Robert Levine 6) Katherine Schmidt 7) Robert Buckley 7) Katherine Carman 8) Thomas Steinberg 8) Luuc H. Meyer 9 ) Mervin Lapin 9 ) Elizabeth Meyer - ATR IBS 10) Kathy Langenwalter 10) John Davis 11) Diana Donovan 11) ~2obert L._Dave - SP? .laC>;UZS 12 ) Ann G. Lauterbach ' 13 ) Trish Kiesewettec - NR . . 14 ) Carol Galligan i~~.~--~' ~W. ~"Douglas (Doug) Will"i~tns ~ Jan Eric Strauch~~~ 4-801 Bighorn Rd., #14=J P.0. Box 2389 Vail, CO 81657 2958 S. Frontage Rd., W. . Interlochen Condos, B-19 Vail, CO 81658 1) Mike Harvey 1) Colleen McCarthy - NR ALL, 2) Brett Lovett 2) Gail Molloy 3) M. Kathy Vieth 3) John Slevin 4) Vicki A. Crawford 4) Cynthia Steimle 5) Thomas D. Lkein 5) Fitzhugh Scott 6) Carol Alleman 6) Eileen S. Scott 7) Lee Alleman 7) James H. Osterfoss 8) Marc Wayne Robinson 8) Vi Brown 9) Priscilla Salley Walsh 9) Byron D. Brown 10) Lisa Claire Salley 10) John E. Bishop 11) Nancy Lee Lewis 11) E. William Wilto . k Vn~ ..J ~ • I / i j r r` ~ -Jeff Bowen ~ ~Pau1 R. Johnston 0,~,0~15' 5047 Main Gore 356 Hanson Ranch Etd`~~~Ma~ll Vail, CO 81657 1184 Cabin Circle ~j Vail, CO 81657 v, k~o.~' • 1) Joan Berger 1) Jim Shearer I 2) Heather Schultz 2) Gail B.W.L..°W Ferry i NR 3) Ken Hughey 3) Terrance Ferry j 4) Stephen Clark 4) Karen Horth ~ 5) Roger Tilkemeier 5) Don Galgan i 6) Jeanne H. Tilkemeier 6) David L. Cole ~ 7) Pam Hopkins 7) Nancy Lipsky 8) Nowell R. May 8) Frank D. McKibben 9) Lizette Lamb 9) Ellen B. McKibben j 10) Sally Hobbs 10) Gail Moiley i 11) Bryan Hobbs 11) Rodney E. Slifer ~ 12 ) Peter G. Bowen Sri 12 ) E . William Wilto 13) Mary C. Daniels - NR ~t 13) Ron Burne 14) Jackie Clark 14) Donna Schultz - NR 15) Nancy Rondeau 16) Marty Fowler 17) Robewrt M. Kendall] 18) Greg Amsden - NR j 19) Rocky Christopher i • ~ I Rob_ ert~H..__.,Eis.ke ~ i 4-295 Columbine Drive, Unit #3 - Vail, CO 81657 1) Robert J. Martens 2) Anne T. Chapis 3 ) Erich Hal l - ? SP /~c.,P,?, 0~. i 4) Gail Lorch 5) Tina Bell - NR 6) Sean Jendlin 7) William S. Hendon 8) William Blair Holmes 9) Cecilia H. Moosburger 10) Mike Lagasse ~ 11) Cheryl Miller ~ ' 12) John - ?'SP ~ 13) Jay H. Corr 14) Karen Ann Aldretti j 15) Marlene Stich ~ 16) Timothy Luczkow ~ 17) Robert S. Mach j 18) Daniel.M. Seibel • 19) Dana Marille Jones 20) Lillian Juarez 21) Lauraine Skolasinski • i i i ELECTION RESULTS PRECINCT PAGE OF ELECTION: REGULAR 1~ium1CIPAL ELECTION - Nvv~ER 16, 1993 TOWN OF gAIL9 STATE OF COLORADO VOTING POSITIn~+ ' CAST AT POLLS td?JiBE~ OF .,HLLO; ~ 8nj rry BLAttY BALLOT COUtdT 6 O COUNCIL ( TE:A~ JAN STRAUCH 2 SYBILL NABAS 3 3 k,AiviAS 450 45$ 1`% i BOB FISKE 4 4 FIS>!;E 347 34? I1% + DOUG WILLIAAiS 5 ~ ~ "a •~ag Ic;%; 411~LIA;+~ ; PAUL Re JOHNSTON 6 ~ ~ F. !OHkk~Ti!kd 1 Si 1 ij~ JEFF BOWFIN 7 g '3+~~:E~k 3.31 331 11% ' PEGGY OSTERFOSS - y CC ll • ~t L~J I ER.i O }r ~I~cj .~?V lr quESTION 1 QUESTION 1 { 1) FOR 33 AGAINST ~ 34 FOB b~4 5~4 ?3 ?T AGAIPiST ~„1~~1 ~~6: i QUESTION 2 QUESTICk~k ? { 1) ' FOR 56 AGAINST 57 `h FC" 3? 1 s ~3 r 5? t;GAik~~ST 4B6 42S 5+~ t I ABSa~tr.E BALLOTS 1•i1_Iii~Ek iiF BALLOTS 53 0 BLRt~i>'; BALLOT COUt~; T 0 9 ' ~ CGUNCiL { 4) g ~ JAN STRAUCH 2 STF.AUCii ~5 ~5 15 { f SYBILL NAVAS 3 3 t~A~;~AS 13": ~ f BOB FISRE 4 DOUG WILLSAMS 5 4 F ISKE 14 14 $ PAUL Re JOHNSTON 6 ~ 5 4IILL IAtIS I'~ 13 n% JEFF BOWEN 7 6 ,IOHt~STOk~k 34 34 2) : PEGGY OSTERFOSS $ 7 8Li'viEN ?4 '4 14 QUESTIONS 1 B ~+STEr^,rC~SS, 35 3` ~~I% FOR 33 QUESTIOkd 1 ( 1) AGAINST 34 33 FC+R 3a ~ ~ QUESTION 2 34 AGAINST 13 13 2l~ FOR 56 ~ QUESTION ? ( 1) AGAINST 57 55 FOP, 2u ?O 's3~ 5? AGAINST 31 31 0© - ' k e . i . ~ ~ P 'm t I CES PBC 4/75 cP 3zo2 d 6 6 . r/~~ Cit or Town of v//v ~ in the Ca :Iectio? --~?eld at. in Precinct / y ~i~~ ~ _ .and Slate of Colorado on the ~ day of _,/(c~rc~% y ~ % in the year of _~1 swing n0(Iled persons received the number of volts annexed to their respective names fur the following described o(Gces, to wit: = - Numner' Name of NAMES Of PERSONS V(71'ED POR ++1' Vo~cs NUMBER OP VOTES [N WORDS Ollice > f in~I~iEurez ~ ~ jib ~ ~ ~`l>/1/ //}i/,11~~_/ii I-.L~~' '~7T,~nE~-~d•;~v 1. lam.) 7ii.-F'~..~Y/~.~:st~~~=~' ~"~.r~//-~-~~~-~-'~ - I . , ~ c G ~~/i )/l~ f /7)//~/Y,~~/~ / ~i ~ V:./_i /~~ie~- /l/'T~~/"~ J I ~J ~"~'i'~ii~l./Ofi//-G~P~~.l~r./tZ"/./-GL _ ~ .mil ~ VO . ~ i - ~.~y _ _