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HomeMy WebLinkAbout1994-12-06 Support Documentation Town Council Evening Session VAIL TOW/N COUNCIL EVENING MEETING Il l4}7ESD9Y II g DE6dEMBER 6g 199"9 / .Jo P.M. IN TO@1 0/OVN\AIIL CHP9MBEile7 A69E1\DTU 1. CITIZEN PARTICIPATIORI. 2. Consent Agenda. A. Approval of 4he AHinutes for Yhe meetings of fVovember 1 and November 15, 1994. B. Ordinance iVo. 24, Series of 1994, second reading of an Amendment to Section 3.40.020, Adding the Definition For "Telecommunications Service". C. Ordinance No. 27, Series of 1994, second reading of an Ordinance Adopting a New Town of Vail Police and Fire Employees' Pension Plan Subject to Approval by Sixty-Five Percent (65%) of the Touvn's Police and Firemen; and Setting Forth Details in Regard Thereto. D. Ordinance No. 28, Series of 1994, second reading of an Ordinance Adopting a iVew Town of Vail Employees' Pension Plan; and Setting Forth De4ails in Regard Thereto. E. Ordinance No. 29, Series of 1994, second reading of an Ordinance Adopting a IVew Trust Agreement Pursuant to Town of Vail Police and Fire Employees' Pension Plan and Setting Forth De4ails in Regard Thereto. F. Ordinance No. 30, Series of 1994, second reading of an Ordinance Adopting a Rlew Trust Agreement Pursuant to Town of Vail Employees' Pension Plan and Setting Forth Details in Regard There4o. G. Ordinance No. 31, Series of 1994, second reading of an Ordinance Making Supplemental Appropriations From the Town of Vail General Fund, Capital Projects Fund, The Real Estate Transfer Tax Fund, ParCing Structure Fund, Heavy Equipment Fund, Booth Creek Deb4 Service Fund, and The Vail Housing Fund, of the 1994 Budget and the Financial Plan for the Town of Vail, Colorado; and Authorizing the Expenditures of Said Appropriations as Set Forth Herein; and Se4ting Forth Details in Regard Thereto. H. Ordinance No. 32, Series of 1994, first reading of an Ordinance amending Chapter 5.32 of the Municipal Code of the Town of Vail by the addition of Section 5.32.040; providing for the issuance of bed and breakfast permits for the senrice of complimentary alcohol under certain circumstances; and amending Chapter 2.20, Local Licensing Authority, to add an application fee for bed and breakfast permits; to revise the fee charged to transfer a license; and se4ting forth details in regard thereto. 3. Resolution iVo. 24, Series of 1994, a Resolution 4o adopt tease policy. 4. Resolution No. 25, Series of 1994, a Resolution approving Pamela A. Brandmeyer as newr signer on TOV accoun4s. 5. Resolution No. 26, Series of 1994, a Resolution approving the Town of Vail Personnel Rules and Regulations. 6. Ordinance No. 26, Series of 1994, second reading of an Ordinance Granting a Cable Television Franchise to Cablevision VI, Inc., d/b/a TCI Cablevision of 4he Rockies, Inc., to Construct, Reconstruct, Operate, and Maintain a Cabte Communications System VVithin The Town of Vail Pursuant 4o and Subject to the Provisions of Ordinance iVo. 25, Series of 1994. 7. Request to Extend Contract with Channel 5. 8. Reconsideration of Ordinance No. 15, Series of 1994, an ordinance restricting the sale or possession of assault dueapons. 9. Adjournmerrt. NOTE UPCOMIIdG AAEETIIdG START TBAAES BELOVV: , (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) **fee** THE NEXT !/AOL T01NN COUNCIL FiEGULAR WORK SESSION W9LL BE OR1 TUESDAY, 12/13/94, BEGINPIIIVG AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. TFBE FOLLOW&NG !lAIL T01NN COl1NCIL REGl9LAR UVORK SESSION WVLL BE ON TUESDAY, 1/3/95, BEGINNING AT 2:00 P.M. IN TOV COIiNCIL CHAMBERS. T9iE BVEXT VA9L TOVVN COUNGIL FiEG13LAR EliEN9PIG MEETIIVG WBLL BE ON TUESDAY, 9/3/95, BEGINNING d1T 7:30 P.M. Itd TOlI GOUNCIL CHAl1ABERS. ~ • • • • • • a O' VAIL TOUViV COUIVCIL EV~~~~~ TU[ES~AY, DECENiBER 6, 1994 7:30 P.M. IN TOV CO@JNC9L CHAMBERS EXPANDED AGENDA 7:30 P.M. 1. Citizen Participation. 7:40 P.M. 2. Consent Agenda. A. Approval of the Minutes for the meetings of November 1 and November 15, 1994. B. Ordinance No. 24, Series of 1994, second reading of an Amendment to Section 3.40.020, Adding the Definition For "Telecommunications Service". C. Ordinance No. 27, Series of 1994, second reading of an Ordinance Adopting a IVew Town of Vail Police and Fire Employees' Pension Plan Subject to Approval by Sixty-Five Percent (65%) of the Town's Police and Firemen; and Setting Forth Details in Regard Thereto. D. Ordinance No. 28, Series of 1994, second reading of an Ordinance Adopting a New Town of Vail Employees' Pension Plan; and Setting Forth Details in Regard Thereto. E. Ordinance No. 29, Series of 1994, second reading of an Ordinance Adopting a New Trust Agreement Pursuant to Town of Vail Police and Fire Employees' Pension Plan and Setting Forth Details in Regard Thereto. F. Ordinance No. 30, Series of 1994, second reading of an Ordinance Adopting a New Trust Agreement Pursuant to Town of Vail Employees' Pension Plan and Setting Forth Details in Regard Thereto. G. Ordinance No. 31, Series of 1994, second reading of an Ordinance Making Supplemental Appropriations From the Town of Vail General Fund, Capital Projects Fund, The Real Estate Transfer Tax Fund, Parking Structure Fund, Heavy Equipment Fund, Booth Creek Debt Service Fund, and The Vail Housing Fund, of the 1994 Budget and the Financial Plan for the Town of Vail, Colorado; and Authorizing the Expenditures of Said Appropriations as Set Forth Herein; and Setting Forth Details in Regard Thereto. H. Ordinance No. 32, Series of 1994, an Ordinance amending Chapter 5.32 of the Municipal Code of the Town of Vail by the addition of Section 5.32.040; providing for the issuance of bed and breakfast permits for the service of complimentary alcohol under certain circumstances; and amending Chapter 2.20, Local Licensing Authority, to add an application fee for bed and breakfast permits; to revise the fee charged to transfer a license; and setting forth details in regard thereto. Holly McCutcheon Action Requested of Council: Approve, modify or deny. Backaround Rationale: The State of Colorado recently enacted legislation creating the Bed and Breakfast Permit. This ordinance will provide for the issuance of such permits within the Town of Vail, and also amends certain fees charged as allowed by the State. Staff Recommendations: Approve. 7:50 P.M. 3. Resolution No. 24, Series of 1994, a Resolution to adopt lease policy. Christine Anderson Tom Moorhead 8:20 P.M. 4. Resolution No. 25, Series of 1994, a Resolution approving Pamela A. Brandmeyer Christine Anderson as new signer on TOV accounts. 8:30 P.M. 5. Resolution No. 26, Series of 1994, a Resolution approving the Towrn of Vail Robert W. McLaurin Personnel Rules and Regulations. Tom Moorhead 9:00 P.M. 6. Ordinance No. 26, Series of 1994, second reading of an Ordinance Granting a Tom Moorhead Cable Television Franchise to Cablevision VI, Inc., d/b/a TCI Cablevision of the Rockies, Inc., to Construct, Reconstruct, Operate, and Maintain a Cable Communications System Vllithin The Town of Vail Pursuant to and Subject to the Provisions of Ordinance No. 25, Series of 1994. r 10:00 P.M. 7. Request to Extend Contract with Channel 5. Jim Penhale 10:10 P.M. 8. Reconsideration of Ordinance No. 15, Series of 1994, an ordinance restricting the Ken Hughey sale or possession of assault weapons. Chuck House Tom Moorhead Action Requested of Council: Reconsider referred Ordinance No. 15, Series of Holly McCutcheon 1994. Backqround Rationale: A petition to repeal Ordinance No. 15, Series of 1994 was turned into the Towrn Cleric's Office and certified sufficient on November 14, 1994. Pursuant to the Town Charter, Council shall promptly reconsider the referred ordinance. Staff Recommendations: N/A. 10:40 P.M. 9. Adjournment. NO7'E IDPCOi1fl9NG MEETING START TIMES BEL.OUl/: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) ~ @ @) 0 0 0 0 THE NEXT VAIL YOVVN COUNCIL REGl9LAR VlIORK SESSI0N 1iUILL BE ON 7lDESDAV, 12/13/94, BEGIPINIIVG AT 2:00 P.M. IN TOV COUIVCIL CHAMBERS. THE FOLLOVt/BNG VAIL TOVVN COUNClL REC;ULAR UVORK SESSION VlIILL BE ON YUESDAY, 9!3/95, BEG9BVPdING AT 2:00 P.M. IR! TOV COUNCIL CHAANBERS. TF9E NEXT VA6L TOWN COUNCIL REGULAR EVEWING BIIEETIP9G 11UILL BE ON TvESDAY, 9/3/95, BEGIP1tVING Al' 7:30 P.M. IN T'OV COUNCIL CHAMBERS. 0 4 C:UIGENDA.TCE MINUTES VAIL TOW1V COUNCIL MEETIIVG NOVENIBER 1, 1994 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, November 1, 1994, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEIVIBERS PRESENT: Peggy Osterfoss, Nlayor Merv Lapin, Mayor Pro-Tem Paul johnston jim Shearer Tom Steinberg jan Strauch MEMBERS ABSENT: Sybill 1Vavas TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Holly McCutcheon, Town Clerk TIlae first itean on the agenda was Citizen Participation. Rick Sackbauer, of the Vail Valley Consolidated Water District informed Council of the completion of an executive planning document for water, stating the document would be distributed to town staff for review. Mr. Sackbauer urged Council and staff to read over the document and look for solutions to save taxpayer money. Mr. Sackbauer further stated that as of November 1, two district bonds had been paid off, one in Intermountain and one in Lionshead. Tom Steinberg thanked Rick for his contributions in getting water funding quality under control. Peggy also expressed appreciation. Diana Donovan, Vail resident and treasurer of a political aciion committee working to defeat the Par 3 election issue, told councilmembers that proposed golf course supporters were misrepresenting information to electors and making false statements. Ms. Donovan distributed a list of statements she said were being passed to second homeowners which contained false information about the issue. Secondl on $he agenda was a Consent Agenda which contained one item: A. Approval of the Minutes for the meetings October 4 and October 18, 1994. Merv moved to approve the minutes of the October meetings, with a second from Tom. A vote was taken and approved unanunously, 6-0. Item No. 3 was Ordinance IVo. 23, Series of 1994, First Reading of an annual appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1, 1995, through December 31,1995, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1994 tax year and payable in the 1995 fiscal year. Steve Thompson distributed a handout which contained revisions, stated there would most. Iikely be additional revisions, and explained the budget. Steve also informed Council that more than 50 hours of staff and Council time had gone into preparation of the document. A motion was made by 1Vlerv and seconded by Tom to approve the ordinance. A vote was taken and passed unanimously, 6-0. Steve referenced a lease schedule that he said needed to be disclosed. Peggy asked that an information update be given with regard to road cuts. Item No. 4 was a report from the Town Manager. Bob stated he had nothing to add. Merv inquired about the assault weapons ban petition that was circulating and stated he hoped for an election which would include an additional question about the cemetery. 1 Vail Town Council Evening Meeting Minutes 11/01/94 There being no further business, a motion was made, seconded and passed, and tYte meeting was adjourned at approximately 8:10 P.M. Respectfully subr.nitted, Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk Minutes taken by Holly L. McCutcheon 2 Vail Town Council Evening Meeting Minutes 11/01/94 : MINUTES VAIL TOWN COUIVCIL 1VIEETIIVG NOVEMBER 15, 1994 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday,lVovember 15, 1994, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESEIVT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem Paul johnston Sybill Navas jim Shearer jan Strauch MEIVIBEIZS ABSENT: Tom Steinberg TOW1V OFFICIALS PRESEIVT: Bob 1VIcLaurin, Town Manager Tom 1Vloorhead, Town Attorney Pam Brandmeyer, Assistant Town 1Vlanager Holly McCutcheon, Town Clerk The figst item on the agenda was Citizen Participation. Michael Jewett, a Vail resident and member of the committee to overtur.n Ordinance 15, presented Council with two opportunities to receive more information .regarding assault weapons. Mr. Jewett invited those interested to view a video tape entitled, "The Assault on Semi-Automatic Firearms" and indicated he would attempt to have the video shown on Channel 5. Secondly,lVlr. Jewett extended an offer to Councilmembers from Eagle resident, Terry Quinn, to view his collection of assault weapons and to fire the weapons at the Gypsum shooting range. Jan Strauch expressed his desire to view the video. Paul Johnston stated he was interested in knowing how Vail citizens felt about the issue, rather than citizens residing outside the town limits. Josh Hall informed Mr. Jewett Channel5 might not be able to show the video because of copyright laws. Vail resident, Evie Nott, requested Council support an alternative proposal for the Booth Creek site, and stated representatives from the neighborhood and Betty Ford Alpine Gardens would pursue a cooperative plan and present that plan to the town's environmental planner, Russ Forest. Peggy directed Evie to work through the process with Russ in formulating a plan. 1Vlerv suggested additional public input be gathered. Second on the agenda was a Consent Agenda which consisted of Resolution 1Vo. 23, Series of 1994, A Resolution Adopting the Environmental Strategic P1an.lVlerv requested the resolution be removed from the consent agenda. Russ went over the proposed plan, referencing environmental programs in four categories: sustainable land use regulation and development; ecosystem protection; environmental efficiency; and environmental management and compliance. Peggy thanked Russ for all his efforts and complimented him on a job well done. Paul requested section 2 of the resolution be changed to state: "Tlae Town Manager agad the '1Cowm s#afff are hereby authorized to kake all approved aCtflOIIgS flfleCeS§aY'y $o flHltlpfleE41eY1$ khe IEYbiIflY'OYYYEleYltdl StY'ateg1C Plan." Merv moved to approve Resolution 23 as changed, with a second from Paul Johnston. A vote was taken and passed unanimously, 6-0. Item No. 3 on the agenda was Ordinance 1Vo. 23, Series of 1994, second reading of an annual appropriation ordinance: adopting a budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the Town of Vail, Colorado, for its fiscal year January 1,1995, through December 31,1995, and providing for the levy assessment and collection of Town ad valorem property taxes due for the 1994 tax year and payable in the 1995 fiscal year. 1Vlayor Osterfoss read the title in full. Steve Thompson distributed a revis.ed budget and informed Council that $1.1 million had been added to the capital budget. Steve and Bob McLaurin explained the changes in detail. Discussion continued regarding the budget £or the proposed main Vail roundabouts and ~ Vail Town Council Evening Meeting Minutes 11/15/94 landscaping. Merv stated he would not be willing to support the $1.9 million project as presented in next year's capital improvements budget. t,arry C;rafel informed Council an accurate dollar amount for the project would not be kn.own i.ultil bids were obtained. Mayor Osterfoss suggested looking for community groups to share in the cost of the landscaping portion of the project. A motion was made by Paul and seconded by Merv to approve Ordinance 23 on second reading. A vote was tiiken and passed unanimous].y, 6-0. Item No. 4 was Ordinance No. 24, Series of 1994, first readixig of an Amendment to Section 3.40.020, Adding the Definition For "Telecommur?ications Service." Tom Moorhead explained the ordinance provided for a standard ciefinition and should lbe included in the town's sales tax code. Merv moved to approve the ordinance with a second from Sybill. A vote was taken and passed unaniinously, 6-0. Item No. 5 was Ordinance No. 26, Series of 1994, first reai3ing of an Ordinance Granting a Cable Television Franchise to Cablevision VI, Inc., ct/b/a TCI Cablevision of t:he Rockies, Inc., to Construct, Reconstruct, Operate, and Maintain a Cable Communications System Within The Town of Vail Pursuant to and Subject to the Provisions of Ordinan.ce No. 25, Series of 1994. Tom Moorhead explained thai: Ord:inance 25, adopting the franchise agreement, was contained in Ordinance 26. Stan McKinzie from TCI was present to answer questions. Tom explained the franchise- called for a 15 year term, and reviewed responses from TCI as requested by Councilmeinbers at an earlier worksession which included the following: TCI agreed to rebuild Vai].'s cable system with new fiber optic cable within three years, increasing channel capacity tc> nearly 80 stations; TCI would provide the town up to five percent of its gross revenues collected within the town; the Town could authorize TCI to collect up to 50 ce-nts pFr month from residential subscribers and up to 25 cents per month for hotel un.its to be used for community access grants awarded by the town; TCI proposed to connect three of the town's fi.ve municipal facilities with fiber optics and free data transnlission service for three year•s. Further discussion continued regarding funding of Vail Valley Community Television Channel 5. A motion was made by Paul Johnston to approve the Ordinance, with a second by Merv Lapin. Jan suggested TCI consider corulectuig all five of the Town's buildings with fiber optics. The motion was amended tD inclrade the connecting of all five of the Town's buildings with fiber optics by TCI. N[erv called the question, a vote was taken and passed unanimously, 6-0. Item No. 6 was Ordinance No. 27, Series of 1994, first reading of an Ordinance Adopting a New Town of Vail Police and Fire Employees' Pension Plan Subject to Approval by Sixty-Five Percent (65%) of the Town's Police and Firemen; and Setting Forth Details in Regard Thereto. Item No. 7 was Ordinance No. 28, Series of 1994, first reading of an Ordinance Adopti.ng a New Town of Vail Employees' Pension Plan; and Setting Forth Details in Regard Thereto. Item No. 8 was Ordinance No. 29, Series of 1994, first reading of an Ordinance Adopting a New Trust Agreement Pursuant to Town of Vail Police and Fire Employees' Pension Plan and Setting Forth Details in Regard Thereto. Item No. 9 was Ordinance No. 30, Series of 1994, first reading of an Ordinance Adopting a New Trust Agreement Pursuant to Town of Vail Employees' Pension Plan and Setting Forth Details in Regard Thereto. Tom Moorhead explained the amendments were required to ntaintain the documents as qualified plans, and that the trust agreements actually implemented the plans. Merv moved to approve Ordinances 27, 28., 29 & 30, with a second from Paul. A vote tivas taken and passed unanimously, 6-0. Item No. 10 was Ordinance No. 31, Series of 1994, first reading of an Ordinance Making Supplemental Appropriations From the Town of Vail Genex•al Fund, Capital Projects Fund, The Real Estate Transfer Tax Fund, Parking Structure Fund, Heavy Equipment Fund, Booth Creek Debt Service Fund, and The Vail Housing Fund, of the 1994 Budget 2 Vail Town Council Evening Meeting Minutes 11/15/94 and the Financial Plan for the Town of Vail, Colorado; and Authorizing the Expenditures of Said Appropriations as Set Forth Herein; and Setting Forth Details in Regard Thereto. A motion was made by 1Vlerv and seconded by Jim to approve Ordinance 31. A vote was taken and passed unanimously, 6-0. Iteyn No. 11 was an appeal of a PEC denial of a request for a front setback variance. Andy explained the history of the request and the denial of the PEC. Bob Armour and Kathy Langenwalter were present and explained the reason the request was denied by the PEC. Kathy distributed an illustration and reviewed examples of what the PEC typically approved and compared the diagram to the proposed request. Applicant Dan Frederick stated he would agree to deed-restrict the entire 1,200 square foot single family residence, including the 400 square feet bedroom over the garage. Mayor Osterfoss explained that deed restricting an employee housing unit was not part of the criteria in warranting the variance. 1Vlerv moved to uphold the PEC recommendation for denial, stating it did not meet the criteria. 1Vlayor Osterfoss seconded the motion. A vote was taken and failed, 2-4, Paul, Sybill, Jim and Jan voiting in opposition. Jan moved to repeal the denial with a second from Paul. A vote was taken and passed, 4-2, Peggy and Merv voting in opposition. I4em No. 12 was a request for a sign variance for the West Vail Lodge. Merv moved to approve the sign variance. Planner Lauren Waterton explained the variance was for the height of the sign and further stated a variance would not be required if the sign were lower. Paul Johnston seconded the motion. A vote was taken and passed, 5-1, Sybill voting in opposition. Ikexn No. 13 was a report from the Town Manager. Bob stated he had nothing to add. A motion was made, seconded and passed to adjourn at approximately 10:15 P.M. Respectfully submitted, _ Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk Minutes taken by Holly L McCutcheon 3 Vail Town Council Evening Meeting Minutes 11 /15/94 9 ORD8~~NCE NO. 24 SER'ES 1994 AN A61AENDMENT TO SECT@0N 3.40.020, ADDIPIG T6iE DEFIN9TIOBV FOR vaTELbECO8tl1ltllU9tl'6iP°0 9 IONJ e7Etl"9 tl I6eE" WHEREAS, the Town of Vail adopted standard definitions for the sales tax ordinance in 1991;and VVHEREAS, the definitions as adopted did not include a standard definition for "telecommunication service". IVOVV, THEREFORE, BE IT ORDAIfVED BY THE TOWiV COUiVCIL FOR VAIL, COLORADO, that: 1) Section 3.40.020 of the Vail, Colorado Municipal Code shall be amended with the addition of the following definition: "Telecommunication service" means the transmission of any tvvo- way interactive electromagnetic communications including but not limited to voice, image, data and any other information, by the use of any means but not limited to wrire, cable, fiber optical cable, microwave, radio wave or any combinations of such media. "Telecommunications service" includes but is not limited to basic local exchange telephone service, toll telephone service and teletypewriter service, including but not limited to residen4ial and business service, directory assistance, cellular mobile telephone or 4elecommunication service, specialized mobile radio and 4vvo-way pagers and paging service, including any form of mobile two-way communication. "Telecommunications service" does not include separately stated non transmission services wrhich constitute computer processing applications used to act on the information to be transmitted.' 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 vvould have passed this ordinance, and 1 Definition should be added to Section 3.40.020 between R.R. "Taxpayer" and S.S. "Wholesale Sales". 1 Ordinance No. 24, Series of 1994 r .p each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3) The Town Council hereby finds, determines, and dec:lares that this ordinance is necessary and proper for the health, safety, and welfare of the, Town of Vail and the inhabitants thereof. 4) The repeal or the repeal and reenactment of ariy provision of the Municipal Cade 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 effeci:ive 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 sijperseded unless expressly stated herein. 5) All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistE:ncy. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinzince, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDEREDi PUBLISHED ONCE IN FULL ON FIRST READING this day of , 1994, and a public hearing shall be held on this Ordinance on the _ day of , 1994, at 7:30 p.m. iri the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret.A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk 2 Ordinance No. 24, Series of 1994 s READ AfVD APPROVED OiV SECOND READIfVG AfVD ORDERED PUBLISHED this _ day of , 1994. Margaret A. Osterfoss, Niayor ATfEST: Holly L. McCutcheon, Town Clerk C:10FiD9424 3 Ordinance No. 24, Series of 1994 ~ f ORDINANCE N0. 27 ~ Series of 1999 ` AN ORDINANCE ADOPTING A NEW TOWN OF VAIL POLICE AND FIRE EMPLOYEES' PENSION PLAN SUBJECT TO APPROVAL HY SIXTY-FIVE PERCENT (659c) OF THE TOWN'S POLICE AND FIREMEN; AND SETTING FORTH DETAILS IN REGARD THERETO. WfiEREAS, the Town,of Vail has adopted a Police and Firemen's Pension Plan, the effective date of which was January 1, 1983 and has adopted a first, second, third, fourth, fifth, and sixth amendment to said plan, the effective dates of which were Septelnber 20, 1983, May 2, 1984, December 4, 1984, June 18, 1986, August 17, 1988, and August 7, 1990, respectively; and wHEREAS, the Police and Fire employees of the Town of Vail now wish to adopt a new Town of Vail Police and Fire Employees' Pension Plan, as attached hereto and incorporated by reference; and WHEREAS, such new plan must be approved by the Town Council of the Town of Vail; and WHEREAS, the new Town of Vail Police and Fire Employees' Pension Plan has been approved by 65% of the police and fire enployees of the Town of Vail. NOW, THEREFORE, HE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town of Vai1 Police and Fire Employees' Pension Plan which is attached hereto and incorporated herein by reference is hereby approved by the Town Council as has been approved by sixty- five percent (65$) of the police and fire employees of the Town of vail. 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 poz[ions of this Ordinance; and the Town Council hereby declares it would have passed [his Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of che Town of vail and the inhabitants thereof. . 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any riqht which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other aCtion or proceedinqs as cbmmenced 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 ~a , repealed or superseded unless expressly stated herein. ~ 5. All bylaws, orders, resolutions, and ordinances, or parts " thereof, incoasisten[ 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, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this ddy of , 1994, and a public hearinq shall be held on this Ordinance on the day of _ 1994 at 7:30 P.M. in the Council Chambers of the Vail Muni.cipal ]3uilding, Vail, Colorado. Ordered published in full this day of , 1994. Marq<iret A. Osterfoss, Mayor ATTEST: Holly L. McCUtcheon, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLiSHED _ this day of , 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk n V TOWN OF VAIL POLICE AND FIRE EMPLOYEES' PENSION PLAN SAW152084192679.2 . TABLE OF CONTENTS Paae ARTICLE I NAME AND PURP0:3E OF PLAN . . . . . . . . 1 ARTICLE II DEFINITIONS . . . . . . . . . . . 1 Section 2.1 "Administrator" . . . . . . . . . 1 Section 2.2 "Anniversary Da1.e" . . . . . . . . . 2 Section 2.3 "Beneficiary" . . . , , , , , , , , 2 Section 2.4 "Break in Service" . . . . . . . . . 2 Section 2.5 "Code" . . . . , . . _ _ . . . _ , , , 2 Section 2.6 "Compensation" . . . . . . . . . . 2 Section 2.7 "Effective Date" . . . . . , . 2 Section 2.8 "Employee" , , , , , , , , , , , , 2 Section 2.9 "Employer" . , „ . , , , , , , , , , 3 Section 2.10 "Empl.oyment Anniversary Date" . . . . . . . . . . . . . . . . . . 3 Section 2.11 "Full-Time Regular Employee" 3 Section 2.12 "F[ighly Compensated Employee" . . . . . . . . . . . . . . . . . 3 Section 2.13 "Recreation District" . . . . . . 4 Section 2.14 "Retirement Board" . . . . . . . . 5 Section 2.15 "Total Disabili.ty" . . . . . . . . 5 Section 2.16 "Trustee" . . . . . . . . . . . . 5 Section 2.17 "Trust Fund" . . . . . . . . . . 5 Section 2.18 "Year" anci "Pla.n Year" . . . . . 5 Section 2.19 "Year of 8ervice" . . . . . : . , . 5 ARTICLE III PARTICIPATION OF EMPLOYEES . . . . . . 5 Section 3.1 Eligibility . . . . . . : . . . . . 5 Section 3.2 Participation of Non-Full-Time Regular Employees . . . . . . . . . . . . . 5 Section 3.3 Retirement Board to Determine Participants . . . . . . . . . . . . . . . 6 ARTICLE IV CONTRIBUTIONS AND LIMITATIONS ON ALLOCATIONS 6 Section 4.1 Contributions by the Employer for Full-Time Regulaz• Employees . . . . . . . 6 Section 4.2 Contri•butions for Non-Full-Time Regular Employees . . . . . . . . . . . . . . 6 Section 4.3 Voluntary Contributions by Participants . . . . . . . . , , , , . , , 7 Section 4.4 Return of Employer . Contributions . . . . . . . . . . . . . 7 Section 4.5 Limitations on Allocations 8 -i- SAN'1520841926791 'l ~ Section 4.6 Limitation on Benefits and Contributions When an Employee Participates in Both a Defined Benefit and a Defined Contribution Plan of the Employer . . . . . . . . . . . . . . . . . . . 9 Section 4.7 Contribution Percentage Test for Matching and Employee Contributions 10 ARTICLE V DETERMINATION AND VESTING OF PARTICIPANTS' INTERESTS . 11 Section 5.1 Allocatiori of Employer Contributions . . . . . . . . . . . . . . . 11 Section 5.2 Allocation of Earnings, Losses and Changes in Fair Market Value of the Net Assets of the Trust Fund . . . . . . . . . 12 Section 5.3 Participant Accounts . . . . . . . 12 Section 5.4 Valuation of Accounts . . . . . . . 13 Section `5.5 Vesting of Participants' Interests . . . . . . . . . . . . . . . . 13 Section 5.6 Determination of Years of Service for Vesting Purposes . . . . . . . . . 15 Section 5.7 Leaves of Absence; Military Service . . . . . . . . . . : . . . . . . . . 15 Section 5.8 Vesting Upon Termination of Plan or Discontinuance of Contributions to the Plan . . . . . . . . . . . . . . . . . 16 ARTICLE VI RETIREMENT DATE DETERMINATION OF BENEFICIARY 16 Section 6.1 Retirement Date . . . . . . . . . . 16 Section 6.2 Determination of Beneficiary 16 ARTICLE VII . DISTRIBUTION FROM TRUST FUND . . . . . . . 17 Section 7.1 When Interests Become Distributable and Effect Thereof 17 Section 7.2 Notification of Trustee.and Transfer of Interest to Segregated Account . . . . . . . . . . . . . . . . . 17 Section 7.3 Time of Distribution . . . . . . . . 18 Section 7.4 Required Distribution . Commencement Date . . . . . . . . . . . . . 19 Section 7.5 Manner of Distribution . . . . . . . 19 Section 7.6 Limitation on Duration of Payments . . . . . . . . . . . . . . . . . 20 Section 7.7 Special Rules for Distributions After the Participant's Death . . . . . . . 20 Section 7.8 Withdrawals . . . . . . . . . . 21 Section 7.9 Spendthrift Provisions 21 Section 7.10 Insurance Contracts . . . . . . . . 22 -ii- SAW152084\92679.2 Section 7.11 Authoi-ization of Loans to ~ Participants . . . . . . . . . . . . . . . . . 22 ' Section 7.12 HardshiFi Distributions . . . . . . 23 ~ Section 7.13 Claims Procedures . . . . . . . . . 24 ARTICLE VIII CONTINLTANCE, TERMINATION AND AMENDMENT OF PLAN AND TRUST 25 Section 8.1 ContinuancP of Plan by , Successor Government . . . . . . . . . . . . . 25 Section 8.2 Distribut:ion of Trust Fund on Termination of Plan . . . . . . . . . . . . . 25 Section 8.3 Amendmerit or Termination of Plan and Trust Agreement . . . . . . . . . . . 25 ARTICLE IX MISCELLAlVEOUS . . . . . . . . . . . 26 Section 9.1 Transfei-s Between Qualified Plans . . . . . . . . . . . . . . . . . . . 26 Section 9.2 Benefits t:o be Provided Solely from the Trust Fund . . . . . . . . . . . . . 27 Section 9.3 Notices from Participants to be Filed with Retirement Board . . . . . . . . . 28 Section 9.4 Agent for Service of Process 28 Section 9.5 Text to Control . . . . . . . . . . 28 , Section 9.6 Law Governing and Severability . . . . . . . . : . . . . . . . . 28 Section 9.7 Employer's Obligations . . . . . . 28 Section 9.8 Plan for Exclusive Benefit of Participants; Reversion P:rohibited . . . . . . 29 -iii- . SAW\52084\92679.: ' . TOWN OF VAIL POLICE AND FIRE EMPLOYEES' PENSION PLAN THIS RESTATED PENSION PLAN is adopted by the Town of Vail (hereinafter referred to as the "Employer"). ARTICLE I NAME AND PURPOSE OF PLAN The Employer established a qualified money purchase pension plan for its employees who qualify as participants and their beneficiaries known as the Town of Vail Police and Fire Employees' Pension Plan (hereinafter referred to as the "Plan"), for the purpose of providing retirement benefits for its police and fire employees. The Plan was created and is maintained for the . exclusive benefit of the Employer's eligible employees who qualify as participants and their beneficiaries. The Plan was initially adopted effective January 1, 1983 and has been amended from time to time since that date. The Employer by this document restates the Plan to incorporate all prior amendments and other changes required . by law. Unless governed by §2.7, the provisions of the Plan restated effective January 1, 1994 shall supersede any and all provisions of the Plan in effect prior to December 31, 1993. Participants who terminate employment prior to January 1, 1994 shall have their benefit under the Plan determined in accordance with the provisions of the Plan in effect on the date of termination of employment. Any Participant who was a Participant in the Plan on December 31, 1993 shall continue as a Participant in the Plan under this amended and restated Plan. The Plan is intended to qualify under the applicable provisions of Section 401(a) of the federal Internal Revenue Code and the Trust created in conjunction with the Plan is intended to be exempt under Section 501(a) of such Code and all provisions of this Plan shall be construed in accordance with this intention. Since this is a government plan, it is not intended that the Plan or Trust comply with any provision of the Employee Retirement Income Security Act of 1974, as amended, except to the extent the requirements of such Act are specifically applicable to government plans. ARTICLE II DEFINITIONS When used herein, the following words shall have the following meanings, unless the context clearly indicates otherwise: Section 2.1 "Administrator".means the Retirement Board as defined at Section 2.14. SAW\52084\92679.2 . + Section 2.2 "Anniversarv Date" means the last day of the ; plan year, which is currently Dece:mber 31. Section 2.3 "Beneficiarv" means the person or entity who, pursuant to Article VI of this Plan, becomes entitled to receive a Participant's interest upon the Participant's death. Section 2.4 "Break in Service" means any twelve (12) consecutive months of service endiizg on the Employment Ariniversary Date during which an Employee fails to t.arn a Year of Service for vesting purposes. Section 2.5 "Code" means the Internal Revenue Code of 1986, as amended. References to a section o:f the Code shall mean the ' section in effect at the date of adoption of the Plan, or the corresponding provision, or the provis_ion that is equivaleiit in purpose and effect, of any subsequent federal tax law. Section 2.6 "ComDensation" means the base salary paid by the Employer to a Participant Eor services rendered to the Employer, excluding bonus.es, overtime pay, severance pay, shift differentials, longevity pay, and any ot:her form-of compensation, insurance premiums, pensions and retirement benefits, and all contributions by the Employer to t.he within Pension Plan, to any health, accident or welfare fur.id or plan, to any deferred compensation plan, to any other qualified retirement plan or simplified employee pension plan, or ,any similar benefit, any amount received as cash under a profit.-sharing plan cash option provision, and any other amounts wh:ich receive special tax benefits, provided that compensat.Lon reductions pursuant to the Employer pick-up of employee contributions pursuant to Code Section 414'h) shall not be excluded as compensation except for the pur.pose of a-Lplying the limitations on allocations and benefits under Code Section 415. Further, compensation shall not include any amounts realized on the transfer of property rights from the Employer. The annual compensation of any Participisnt taken into account under the terms of the Plan for ariy Plan Year shall not exceed One Hundred and Fifty Thousand Dollars ($150,000), as adjusted for changes in the cost of.living as provided by 1aw or regulation. Section 2.7 "Effective Dat.e" of this Plan is January 1, 1994, provided that each change to this Plan which is requireci for compliance with the Tax Reform Act of 1986 or subsec{uent legislation or regulations shall be effE_ctive as of the required date of such provision if before January 1, 1994. Section 2.8 "Emplovee" me~ans, ziny full-time paid sworn police officer or firefighter now or hereafter in the employ of the Employer. In addition, a leased eMployee who is a sworn oolice officer or firefighter, within the ineaning of Section 414(n)(2) of the Code, shall be considered an employee of the Employer, provided -2- $AW152084\92679.2 that if such leased.employee constitutes less than twenty percent (20%) of the Employer's non-highly compensated work force within the meaning of Section 414(n) of the Code, the term "Employee" shall not include any leased employees covered by a Plan described in Section 414(n)(5) of the Code. Section 2.9 "Emiplover" means the Town of Vail, a town within the State of Colorado. Any action to be taken or determination to be made by the Employer shall be by action of the Town Council of the Town of Vail except to the extent such authority is delegated by the Town Council of the Town of Vail. Section 2.10 "Emplovment Anniversarv Date" means the last day of the twelve (12) month period beginning on an Employee's date of hire and the same date in subsequent years. For this purpose, . an Employee's date of hire is the first day in which an Employee completes an hour of employment. Section 2.11 "Full-Time Recrular EmDloyee" means an Employee who it is anticipated will work at least 1,000 hours per year in a position which does not have a definite duration of less than six ' (6) months. Section 2.12 "HiQhlv Comoensated Emplovee" means highly compensated active employees and highly compensated former employees determined in accordance with the following rules: (1) Active Employees. A highly compensated active employee includes any employee who performs service for the Employer during the determination year and who: (a) received compensation from the Employer during the look-back year in excess of $75,000•(as adjusted pursuant to Section 415(d) of the Code); (b) received compensation from the Employer during the look-back year in excess of $50,000 (as,adjusted pu'rsuant to Section 415(d) of the Code) and was a member of the top paid group for such year (the highest 200 of the employees of the Employer in the order of compensation); (c) was an officer of the Employer during the look- back year and received compensation during such year that is greater than 500 of the dollar limitation in effect under Section 415(b)(1)(A) of the Code; and (d) . was a 51 owner at any time during the look-back year or determination year.. The term "highly compensated employee" also includes employees who are both described in the preceding paragraphs if the -3- SAWA52084192679.2 ' ,i. term "determination year" is substitute:d for the term "look:-back year" and the employee is one of the 100 employees who received the most compensation from the Employe:r duri:ng the determination year. (2) Hicrhest Paid Officer. If no officer has satisfied the compensation requirement of (1) (c) of this Section d.uring either a. determination year or lc>ok-back year, the highest paid officer for such year shall be trei3ted a.s a highly compensated em- ployee. (3) Determination Year. For the purposes of this Section, the determination year sh311 be the Plan Year. The look- back year shall be the twelve month period immediately preceding the determination year. (4) Former. Emplovees. A Iiighly compensated former employee includes any employee who sepa:rated from service (or was deemed to have separated) prior to1.he determination year, performs no service for the Employer during the determination year, and was a highly compensated active employee for either the separation year or any determination year ending on or after the employee's 55th birthday. (5) Familv Members. If an emp.loyee is, during a determination year or look-back year, a family member of either a 50 owner who is an active or former employee or a highly compensated employee who is one of the 7.0 most highly compensated employees ranked on the basis of compensation paid by the Employer during such year, then the family member and the 5% owner or top 10 highly compensated employees shall be aggregated. In such case, the family member and 50 owner or top 10 highly compensated employee shall be treated as a single employee receiving compensation and Plan contribution:: or be:nefits equal to the sum of such compensation and contributians ox- benefits of the family member and 5% owner or top 10 highly compensated employee. For purposes of this Section, family.mernber includes the spouse, lineal ascendants or descendants di the employee or former employee and the spouses of. such lineal ascendants oz• descendants. (6) Rules of Constructic>n. T:he determination of who is a Yiighly compensated employee, including the determinations o:E the number and identity of employees in the top-paid group, the top 100 employees, the number of employees tre;sted as officers and. the compensation that is considered, will be made in accordance with Section 414(q) of the Code and the regul.ations thereunder. Section 2.13 "Recreation District" means Vail Metropolitan Recreation District, a special governmental district within the State of Colorado. -4- SAWA52084\92679.2 . . ~ Section 2.14 "Retirement Board" means the Trustees appointed pursuant to Article VII of the Trust Agreement of the Town of Vail Police and Fire Employees' Pension Plan dated effective January 1, 1983, and restated in its entirety the day . of , 1994. - Section 2.15 "Total Disabilitv" means a disability which permanently renders a Participant unable to perforin satisfactorily the usual duties of the Participant's employment with the Employer, as determined by a physician selected by the Retirement Board, and which results in the Participant's termination of service with the Employer. A finding of disability by the federal Social Security Administration shall be conclusive evidence of disability. Section 2.16 "Trustee" means the Trustee or Trustees of the Trust Fund established in conjunction with this Plan and any duly appointed and qualified successor or add'itional Trustees; additionally referred to as Retirement Board. Section 2.17 "Trust Fund" means the assets of the Trust established in conjunction with this Plan out of which the benefits of this Plan shall be paid and shall include all income of whatever nature earned by the Fund and all increases in fair market value. Section 2.18 "Year" and "Plan Year" mean the fiscal year of the Trust established pursuant to this Plan. The Plan Year begins on January 1 and ends on December 31. Section 2.19 "Year of Service" means a twelve (12) con- secutive month period ending on an Employment Anniversary Date during which the employee is a Full-Time Regular Employee throughout such period. ARTICLE III PARTICIPATION OF EMPLOYEES Section 3.1 Eliaibilitv. Each Full-Time Regular Employee of the Employer shall become a Participant in the Plan on the date of employment or, if later, the date on which the Employee becomes a Full-Time Regular Employee. Section 3.2 ParticiDation of Non-Full-Time Recrular Employees. Any sworn police officer or firefighter who is not a Fu11-Time Regular Employee and as a result is not eligible in accordance with Section 3.1 shall be eligible to participate in the Plan on a -5- SAWM084\42679.2 . . Y limited basis as provided in Section 4.2 below. Such participation shall be effective as of such employee's date of employment. Section 3.3 Retirement Board to Determine ParticiDants. The Retirement Board shall have the duty and responsibility of determining when an employee becomes a Participant and when a Participant is eligible to share in the Employer's contribution. The determination of the Retirement Board as to the identity af the respective Participants and as to •their respective interests shall be binding upon all employee:;, al.l Participants and all beneficiaries of the Participants. ARTICLE IV CONTRIBUTIONS AND LIMITATIONSON ALLOCATIONS Section 4.1 Contributions by the EmDlover for Full-Time Recrular EmDlovees. The Employer shall contribute and pay into the Trust Fund for each pay period to the credit of the Employer Contributions Account of each Participant who is a Full-Time Regular Employee an amount equal to 11.1511 of such Participant's compensation for such pay period during the first year of employment and 16.155; of such Participant's compensation therE:after. Notwithstanding the foregoing, the rate of contribution of any such employee.whose date of employment with the Employer tvas pi-ior to June 1, 1986 will remain at 17.6a. The Employe:r sha.ll make payment of its contribution for each pay period :in one sum as soon as practical after the end of such pay period. Such contribution shall be made in cas2i. The contribution provided abov(a for any employee shall be reduced by the amount of taxes pa:id by the Employer on behalf of such employee pursuant to the federal Social Security Act or any amendment thereto. Such contribut:ion reduction shall be effective at the same time as any such payr-oll tax mandated by the Social Security Act or any amendment becomes e:Efective. Section 4.2 Contributions fcDr Non-Full-Time ReQUlar EmDloyees. - (a) Emplover Contributi.ons. For each Plan Year, the Employer shall contribute to the Plan to the credit of the Employer Contribution Account of each Participant who is not a Full-Time Regular Employee, an amount equal. to :1.51 of the Participant's eligible compensation. The contribution of the Employer for any Plan Year shall be made no later than 2-1/2 months following the end of the Plan Year. ' (b) Emplovee Contributions. Each employee who is a Participant but,not a Full-Time RecTular Employee shall be required -.6 - SA W152084192679.? . ~ to contribute 6% of the Participant's compensation to the Plan for each Plan Year. (c) Emplover Pick-Un Contributions. The employee con- tribution of each Participant who is not a Full-Time Regular Employee shall be made by the Employer and deducted from the compensation otherwise paid to the employee. Such contributions , shall be considered to be pick up contributions under the terms of Section 414(h) of the Internal Revenue Code of 1986. Such Partici- pants shall not have the option of whether or not such contributions shall be treated as Employer pick-up contributions. Section 4.3 Voluntarv Contributions bv Participants. ' Each Participant may make voluntary non-deductible contributions to the Trust Fund for each year in which he or she is a Participant in such amounts as the Participant may elect in the Participant's sole discretion, provided that the total of such amounts, when combined with the Participant's nondeductible employee contributions to any other qualified retirement plan maintained by the Employer, subject to the limitations of Section 4.5 below, may not exceed the following percentages of the Participant's compensation for such year. If Employer contribution is: 17.6%, then 7.4%; 16.150, then 8.850; 11.15%, then 13.850. A Participant may make a contribution for any year at any time or times during such year or within thirty (30) days after the end of such year, provided such contributions will be credited to the Participant's account no.later than the last day of such year. The amount, if any, which a Participant contributes to the Trust Fund may vary from year to year and may be contributed in one sum or in installments, provided, that no contribution in any amount less than ten dollars ($10.00) may be made by the Participant at any one time. Such contribution shall be made in cash. All contributions shall be made to the Trustee. No Participant shall have any obligation to make any contribution. Deductible voluntary contributions are not permitted. Section 4.4 Return of Emplover Contributions. Notwithstanding the provisions of Article IX below, a contribution made by the Employer may be re.turned to the Employer if the contribution is made by reason of a mistake of fact. The amount which may be returned to the Employer is the excess of (i) the amount contributed over (ii) the amount that would have been contributed had there not occurred a.mistake of fact. The return to the Employer of the amount involved must be made within one year -7- SAW\52084\92679.2 of the mistaken payment of the contribut:ion or disallowance of the deduction as the case may be. Section 4.5 Limitations on Allocations. (a) General Rule. In no event may a Participant receive an allocation for any year wkiich, when combined with the Participant's allocation under any othei- defined contribution plan established by the Employer, exceeds the lesser of twenty-five percent'(25%) of the Participant's compensation for such year or Thirty Thousand Dollars ($30,000), provided such figure shall change to conform with any adjustment for changes in the cost of living after the enactment of the Tax Equity and Fiscal Responsibility Act of 1982 or for any other reason,.as provided by law or regulation. For the pur;pose of applying the foregoing . limitation, the,limitation year shall be the Plan Year. If a short limitation year is created as a result of a change in the limitation year, the dollar i_mitation for such short limitation year shall be the dollar limitation set: forth in this subsection multiplied by a fraction, the nume!rator of which is the number of months in such short limitation yeiar and the denominator of which is twelve (12). . (b) Allocations. For the purpose of applyiny the limitations of this section, the allocation to the Participant shall include the following amount:s allocated to the account of a Participant for a limitation yeaz•: (i) Employer contributions, (ii) forfeitures, and (iii) non-deductible contributions made by the Participant. For the purpose of applying limitations of this Section, compensation from and <alloca.tions received under any retirement plan maintained by any other employer which is a common member with the Employer of either a conrrolled group of businesses or an affiliated service group, as presc:ribed by law or regulation, shall be counted. (c) Excluded Amounts. Any amount not mentioned in subparagraph (b) shall not be considered an allocation. The amounts not considered as al.locations include ~ deductible Participant contributions, rollover contributions and transfers from other qualified plans all.ocated to the account of a Participant. (d) Treatment of ExcesS. In the event an allocation would otherwise exceed the limitar-ions of this section, any non- deductible voluntary contributiori by the Participant which is counted as part of such allocation shall be returned to such Participant to the extent necessary to reduce such allocation to a level in compliance with the limitations of this section. If after such return of contributions there still remains an excess, the excess over such limitations sha1:L be held in a suspense account until such amount can be applied tc reduce the next contributi.on of ' -8- SAW152084\92679.2 - the Employer. If the Employer maintains more than one qualified defined contribution plan, the excess shall be considered to have first occurred in the plan to which the contribution of the Employer is discretionary, and if there is no such plan, the excess sha1T be treated as having occurred in all defined contribution plans on a pro rata basis based upon the Employer contribution to • each of the plans. If this plan is terminated when there is an amount held in such suspense account, the amount held in such account which cannot be allocated to Participant without exceeding the foregoing limits shall be returned to the Employer. (e) Compensation. For the purpose of this Si~ction and Section 4.5, compensation shall mean compensation as defined in Section 2.6, provided that any taxable compensation.excluded under such Section shall be included as compensation. Section 4.6 Limitation on Benefits and Contributions When an Em lo ee Partici ates in Both a Defined Benefit and a Defined Contribution Plan of the Employer. In any year if a Participant in this Plan is or ever has been a Participant in a defined benefit plan maintained by the Employer, then the sum of the defined benefit plan fraction and the defined contribution plan fraction (both as prescribed by law) for such Participant for such year shall not exceed 1.0.- In any year if the sum of the defined benefit plan fraction on behalf of a Participant would exceed 1.0, then the allocation under this plan shall be reduced to the extent necessary so that the sum of such fractions does not exceed 1.0. For purposes of this Section, the limitation year shall be the Plan Year. The defined benefit plan fraction for any Participant shall be the fraction, the numerator of which is the projected annual benefit of th'e Participant under the Plan (determined as of the close of the year), and the denominator of which is the lesser of (i) the product of 1.25 multiplied by the maximum dollar limitation for benefits set forth in subsection 415(b)(1)(A) of the Internal Revenue Code for such year, or (ii) the product of 1.4 multiplied by the percentage limitation set forth under section 415(b)(1)(B) under the Code with respect to such Participant for such year. The defined contribution plan fraction shall be the fraction, the numerator of which is the sum of the annual additions to the Participant's account as of the close of the year for such year and all prior years, and the denominator of which is the sum of the lesser of the following amounts determined for such year and for each prior year of service with the Employer: (i) the product of 1.25 multiplied by the dollar limitation in effect under subsection 415(c)(1)(A) of the Internal Revenue Code for such year, or (ii) the product of 1.4 multiplied by the amount. which may be taken into account under subsection 415(c)(1)(B) of the Code with respect to such individual under such plan for such year with respect to dollar limitations. -9- SAW152084\92619.2 Section 4.7 Contribution Pe_rcentaQe Test for Matchina and ~ Emr)lovee Contributions. (a) General. The Average Contribution Percentage in any year of all Participants who are Hi.ghly Compensated Employees may not exceed the greater of the following amounts: (1) 125% of the Avei•age Contribution Percentage for such Year of all Participants who are: not Highly Compensated Employees; or ' (2) The Average Coiztribution Percentage for such Year of all Participants who are not Highly.Compensated Employees, plus two percentage points (21k), li.mited to two times the Average Contribution Percentage for all suc:h Participants. For purposes of the forecroing, the Average Contribu.tion Percentage is the average of the sum of the matching contributions allocated to the accounts of the applicable Participant plus such Participant's voluntary non-deduct.ible <:ontributions, divided by the total compensation of sucti Pai-ticipant for each such • Participant. If the amount to b(=_ contributed by the Employer and allocated to the accounts of Participants who are Hi.ghly Compensated Employees exceeds the f`oregoing limitations, then the amount so allocated shall be z-educed, pro-rata among such Participants, to the extent necessary to satisfy such limitation and such excess amount, together with ei3rnings thereon, shall be distributed to such Participants nc) later.than 2-1/2 months after the end of the Plan Year in which such contributions were made. (b) Adiustment of ContrilLution PercentaQe. The Employer may in its discretion make contribut:ions to the Plan which sha].1 be designated as additional matching contributions and which shall be allocated to the accounts of Participants who are not Highly Compensated Employees, in orde:r to increase the Average Contribution Percentage of such Paz~ticipants. (c) Excess AcrareQate Contributions. Matching contributions and employee contributi.ons in excess of the limitations of this Section are exc:ess aggregate contributions. (d) Disposition of Exce<;s AactreQate Contributions. (1) General. Notwithstanding any other provision of'this Plan, Excess Aggregate Cont:ributions, plus any income and minus any loss allocable thereto, ;>hall be forfeited, if forfeit- able, or if not forfeit- able, dist:ributed no later than the last day of each Plan Year to Participant:s to whose accounts such Excess Aggregate Contributions were allocated for the preceding Plan Year. Excess Aggregate Contributions shay.l be allocated to Participants who are subject to the Family Member aggregation rules of Sec:tion -10- SAWZ2084\42679.2 1 . 41(q)(6) of the Code in the manner prescribed by the regulations. If such Excess Aggregate Contributions are distributed more than 2-1/2 months after the last day of the Plan Year in which such excess amounts arose, a 10% excise tax will be imposed on the • employer maintaining the Plan with respect to those amounts. Excess Aggregate Contributions shall be treated as annual additions under the Plan. (2) Determination of Income or Loss: Excess Aggregate Contributions shall be adjusted for any income or loss up to the date of distribution. The income or loss allocable to Excess Aggregate Contributions is the sum of: (i) income or loss allocable to the Participant's Employee Contribution Account, Matching Contribution Account, if applicable, Qualified Non- Elective Contribution Account for the Plan Year multiplied by a fraction, the numerator of which is such Participant's Excess Aggregate Contributions for the year and the denominator of which is the Participant's account balance(s) attributable to Contribu- tion Percentage Amounts without regard to any income or loss occurring during such Plan Year; and (ii) 10°s of the amount determined under (i) multiplied by the number of whole calendar months between the end of the Plan Year and the date of distribution, counting the month of distribution if distribution occurs after the 15th of such month. (3) Forfeitures of Excess AQQrecrate Contributions. Forfeitures of Excess Aggregate Contributions shall be applied to reduce Employer contributions. (4) Accountincr for Excess AQCrrecTate Contributions. Excess Aggregate Contributions shall be forfeited, if forfeitable or distributed on a pro-rata basis from the Participant's Employee Contribution Account, Matching Contribution Account, and Qualified Matching Contribution Account (and, if applicable, the Participant's Qualified Non-Elective Contribution Account). ARTICLE V DETERMINATION AND VESTING OF PARTICIPANTS' INTERESTS Section 5.1 Allocation of Emplover Contributions. The contribution made by the Employer to the credit of the account of each Participant eligible to participate in the. allocation of the Employer's contribution pursuant to the provisions of Section 4.1 above shall be allocated to the Employer Contributions Account of each such Participant not less frequently than monthly. Any allocation shall be subject to the limitations set forth in Section 4.5 above. -11- ' SAW\52084192679.2 Section 5.2 Allocation of Earning-s, Losses and Chanaes in 4 Fair Market Value of the Net Assets of the Trust Fund. (a) General Rule. Earnings ancilosses of the Trust Fund and changes in the fai,r market value of th.e net assets of the Trust • Fund shall be allocated to the Participants as of each regular valuation date, in the ratio which the total dollar value of'the interest of each such participant in the Trust Fund bears to the aggregate dollar value of all of such interests of all such Participants as of the last previou:s regular valuation date. (b) Special Rule When Tlzere Are SeQreQated Accounts. For the purpose of the foregoing allocations, the amount of each Participant's int.erest in the fund, if any, that is held in a segregated account pending distribtition pursuant to Article VII below, and the earnings and losses resu.lting thereto, shall be excluded. The segregated account of a Participant shall alone. participate in the income, gains <>r lo:ases of the property so segregated and alone be liable upon contreicts made for its benefit or liabilities arising from such investment. Any extraordinary expenses resulting from the investments made at the direction of the Participant shall be borne s;olely by such Participant's segregated account. Section 5.3 ParticiDant Accc>unts. The following accounts sha:11 bt=_ maintained for the Participants in the Plan: (a) Emplover Contribution.s Account. This account shall show the dollar value of the Participant'e; current interest in the Trust Fund resulting from all Employer contributions. (b) Participant Contribu~.=ions Account. This account shall show the dollar value of the F>articipant's current interest in the Trust Fund resuiting from all contributions made by the Participant. (c) FPPA Individual Accounts. FPPA means (a) the Town of Vail Employees' Retirement Plan,, or (b) the Fire and Police Pension Association. Any Participant: who was an Active Participant under FPPA on December 31, 1982, shall have two (2) beginning balances under this Plan comprised a.s follows: (1) the ending balance in his Employer Contribution Account under FPPA as of December 31, 1982, plus one-half any excess amo-unt refunded by FPPA, allocated as described b=1ow; and (2) the ending balance of his Mandatory Participant Contribution Account unc3er FPPA as of December 31, -12- ' SAM52084\92679.2 ~ 1982, plus one-half any excess amount refunded by FPPA, allocated as described below. Any excess amount refunded by FPPA shall be allocated to each Participant whow as an Active Participant on December 31, 1982, in the FPPA in proportion to his Mandatory Participant Contribution Account balance under FPPA as of December 31, 1982, as a percentage of such total excess amount. One-half such amount for each such Participant shall be allocated to the ending balance of his Employer Contribution Account under FPPA as of December 31, 1982. The other one-half shall be allocatd to the ending balance of his Mandatory Participant Contribution Account under FPPA as of December 31, 1982. The amounts so transferred to the Plan at its inception shall be maintained in individual accounts on behalf of each such Participant. Section 5.4 Valuation of Accounts. (a) ReQUlar Valuation. The regular valuation dates of the Trust Fund shall be the last day of each calendar quarter (March 31, June 30, September 30 and December 31) at which time the Retirement Board shall determine the value of the net assets of the Trust Fund, i.e., the value of all of the assets of the Trust Fund at fair market thereof, less all liabilities, both as known to the Trus.tee, and the value of contributions by the Employer for such year. In the event that distribution is made to a Participant or an annuity is to be purchased for the Participant's benefit, the valuation of such Participant's account shall occur as of the end of the quarter prior to such distribution or the purchase of an annuity. In no event shall valuation take place prior to the end of the quarter in which distribution is requested by the Participant. Section 5.5 Vestina of ParticiDants' Interests. (a) ParticiDant's Contributions. A Participant's interest in the FPPA Individual Accounts and the contributions made by him, if any, and the earnings, losses and changes in fair market value thereof, shall be fully vested at all times. (b) Contributions for Full-Time ReQUlar Emplovees Hired Before Julv 1 1986. In the case of a Participant who is a Full- Time Regular Employee whose date of employment with the Employer is prior to July 1, 1986, such Participant's vested percentage in Employer contributions made on the Participant's behalf pursuant to Section 4.1 at any time shall be determined according to the following schedule, based upon years of service: -13- SAW152084\926'/9.2 Years of Service Vested Percentaae f Less than 1 pt 1 77.5$ 2 85%- 3 92.5% 4 or more 100°s (c) Contributions for Full-Tirne Reczular EmDlovees Whose Date of EmDlovment is After June 30, 1986. In the case of a Participant who is a Full-Time Regular Employee whose date of employment with the Employer or the Recreation District is after June 30, 1986, such Participant's vested percentage in Employer contributions made on the Participant's behalf pursuant to Section 4.1 at any time shall be' determin.ed according to the following . schedule, based upon the Participarit's years of service: Years of Service Vested Percentaae Less than 1 pa 1 200 2 40°s 3 60% 4 800 5 or more 100% (d) Vesting for Contributions for Non-Full-Time Regular Emplovees. The contribution made pursuant to Section 4.2 by or for any Participant who is not a Full-7'ime Regular Employee, whether the contributions are made by the Flarticipant or by the Employer,, shall be fully vested and nonforfei.table for all purposes. (e) Lav-Off. Notwithsta.nding the schedules of vesting set.forth in paragraphs (b) and (c) above, any employee who is laid off by the Employer prior to the time at which he has completed at least one year of service, such employee snall be considered to have one year of service for vesting purposes at the time he terminates employment as a result of suc:h lay off. (f) Death or Attainment of Normal Retirement AQe. The vested percentage of a Participant shall be 100o in the event the Participant dies or attains his or ]ier normal retirement age while still employed by the Employer. (g) Forfeitable Interests. Any portion of the interest of a Participant which shall not have become vested shall be a forfeitable interest. A forfeiture: shall occur on the earlier of the distribution of the vested account balance of the Employer Contributions Account or Break in Service. All forfeitures, including earnings thereon, shall be applied to pay the expenses of the Plan and Trust and if any forfe:itures remain after paying such -14- SAW152084192679.2 . - expenses, such remaining forfeitures shall be applied to reduce any subsequent contribution of the Employer as determined by the Retirement Board. Section 5.6 Determination of Years of Service for Vestin Purnoses. In determining a Participant's years of service for vesting purposes, all of the Participant's service with the Employer and Recreation District shall be taken into account subject to the following limitations: (a) A Year of Service for vesting purposes means a twelve (12) consecutive monthly period ending on. an Employment Anniversary Date during which the employee is a Full-Time Regular . Employee throughout such twelve-month period and is employed on the Employment Anniversary Date. Notwithstanding the foregoing, any employee who is laid off or is terminated by the Employer prior to the time at which he has completed at least one Year of Service, such employee shall be considered to have one Year of Service for vesting.purposes at the time he terminates employment as a result of such lay off or termination. (b) If a Participant incurs a Break in Service, service prior to such Break in Service shall be counted in determining the Participant's vested interest in Employer contributions made after he returns to the employ of the Employer. (c) All service with the Recreation District shall be counted for vesting purposes as if it were service with the Employer. • Section 5.7 Leaves of Absence• Militar Service. A leave of absence not in excess of one year granted by the Employer for purposes other than military service shall not be considered as a Break in Service or a termination of employment. The Employer may, from time to time, extend such leave of absence for additional periods of not in excess of one year each in accordance with the personnel rules and. regulations of the Employer. Any employee or Participant who has entered or enters the Armed Forces of the United States shall be presumed to be on a leave of absence, regardless of the length of such service, and such leave of absence shall not be considered as a Break in Service or a termination of employment, provided such leave is in compliance with the personnel rules and regulations of the Employer. -15- SAW152084192679.2 A Participant shall not be cr(Bdited with service during any period during which he is on a leave o:E absence or in military service, as provided above unless he receives or is entitled to receive compensation from the Employer for such period. Section 5.8 Vestincr UDOn Termination of Plan or Discontinuance of Contributions to the Plan. Upon the termination, or partial ter.mination, of the Plan or the complete discontinuance of contributions under the Plan to the Trust, the interests of all affected employees shall become fully and completely vested and non-forfeitable for all purposes. ARTICLE VI RETIREMENT DATE DETERMINATION OF BENEFICIARY Section 6.1 Retirement Date. The normal retirement age for e!ach Participant shall be sixty (60) years. An employee may elect to retire voluntarily after attaining the age of fifty (50) year:a, provided the Participant has completed four (4) Years of Servic;e (as determined pursuant to Section 2.16) prior to such retirement. A Participant shall be entitled to retire voluntarily on or after the Participant's normal retirement date. Until actual retirement, a Participant shall continue to participate in the Plan. Section 6.2 Determination of Beneficiarv. (a) Desianation of Beneficiari.es. A Participant slzall • have the right to designate a beneficiary or beneficiaries and one or more contingent beneficiaries to receive the Participant's interest in the Trust Fund upon his death, such designation to be made on the form prescribed. by anci delivered to the Retirernent Board. The Participant shall have the right to change or revoke any such designation from time to time by filing a new designat:ion or notice of revocation with the Ret:Lrement Board, and no notice to any beneficiary nor consent by any beneficiary shall be required to • effect any such change or revocation. (b) Determination of Be:neficiarv When There is no Desicrnated Beneficiarv. If a Participant shall fail to designate a beneficiary before the Participant.'s de3th, or if all designated beneficiaries or contingent beneficiaries should die, cease to exist or disclaim their interests prior to distribution, the Retirement Board shall pay the Participant's interest in the Trust Fund to the Participant's survivinq spouse, if any, or if none, then to the personal representative of the Participant's estate. If, however, no personal representative shall have been appointed, and the actual notice thereof given to the. Retirement Board within one hundred twenty (120) days after• the Participant's death,.the -16- SAN!\52084\92679.2 . u - Retirement Board may pay the Participant's interest to such person or persons as may be entitled thereto under the laws of the state where such Participant resides at the date of the Participant's death, and in such case, the Retirement Board may require such • proof of right or indemnity from such person or persons as the Retirement Board may deem necessary. (c) Insurance Policies. The beneficiary of any insurance contract on a Participant's life shall be determined and designated as provided in the Trust Agreement established in conjunction with this Plan. ARTICLE VII DISTRIBUTION FROM TRUST FUND Section 7.1 When Interests Become Distributable and Effect Thereof. When a Participant dies, suffers total disability, retires or terminates his or her employment for any other reason, the Participant's vested interest in the Trust Fund shall thereupon become distributable as hereinafter provided in this Article. Distribution shall not be permitted prior to the occurrence of one of the foregoing events other than to comply with the distribution commencement date requirements of Section 7.4. Section 7.2 Notification of Trustee and Transfer of Interest to Sevreaated Account. (a) Notification of Trustee. As soon as possible after a Participant's vested interest shall have become distributable, the Retirement Board will determine the Participant's address, the amount of the Participant's vested interest which has become distributable, the reason for its having become distributable and the manner of distribution in accordance with the Plan. (b) Transfer to Secrrectated Account. The Retirement Board may transfer a Participant's distributable interest from the general Trust Fund into a segregated account within the Trust Fund to the credit of such Participant. If such interest is not transferred, the Retirement Board shall make such distribution, in cash or in kind, directly from the general Trust Fund. (c) S_egrecrated Account for ParticiDants Who Attain the Acte of Fiftv (50). When a Participant who has a one hundred percent (100a) vested interest in his or her Employer Contribution Account attains the age of fifty (50), he shall have the option to direct the Retirement Board to establish a segregated account within the Trust Fund to which will be allocated the entire balance -17- SAW2084\92679.2 , ~ to the Participant's credit attributable to both employee and Employer contributions. Such opt:ion :ahall be exercised by a written election filed with the Retirement Board at least three (3) months in advance of the date on w;nich t:he segregation will take place. Once such an election has been filed, it shall be irrevocable and all future contribut_ions to the Plan shall be made to such segregated account. The assets of the segregated account attributable to the employee and the Emplayer contributions will,be invested. as provided in subparagraph (d) below. (d) Investment of Segrectated Account. Any segregated account maintained for a Participant's interest shall be invested by the Retirement Board in any one or more of the investments authorized in the Trust Agreement. Notwithstanding any other provisions of this Plan, the segreclated account of a Participant shall alone participate in the income, gains or losses of the property so segregated and alone shall be liable upon contracts made for its benefit or liabilities arising from the investment of such account. Any expenses resulting fronn the investments made for the benefit of such account shall be borne solely by such Participant's account, unless otherwise determined by the Retirement Board. Anticipated earnings or interest on any such investments shall be taken into account in determining the amount of the equal installments to be paid to the Participant or the Participant's beneficiary. Section 7.3 Time of Distribution. (a) Distribution Upon Retirement or Disabilitv. If a Participant retires on or after the I?articipant's normal retirement age or becomes totally disabled, h_is int:erest shall be distribu- table commencing no later than the earlier of sixty (60). days after the close of the Plan Year in which the ]?articipant's. termination of employment occurs, or the requ:.red ciistribution commencement date set forth in Section 7.4, subje!ct to the consent requirements Qf subsection (e) of this Section. (b) Distribution Uoon De~ith. If a Participant dies, the Participant's interest shall be distributable commencing no later th,an sixty (60) days after the close of the Plan Year in which the Participant's death occurs. (c) Distribution Uoon Other Termination of Emolovment. If a Participant terminates his or her employment for any reason other than retirement after attaining normal retirement age, disability or death, the Participant's interest shall be distributable commencing no later t:han sixty .(60) days after the Participant incurs a Break in Service, o:r, if later, within sixty • (60) days after the reaular valuation as of the end of the Plan Year is completed, subject to the consent requirements of subsection (e) of this Section. • -18- , SAW\52086\926791 ' (d) Distribution of ParticiDant's Interest in Emplover's Contribution for Year of Termination. The vested interest of the Participant in the Employer's contribution for the year cf termination shall be distributed to the Participant or his or her beneficiary as soon as practicable after the end of such year by the allocation of such interest to the Participant's account. (e) Participant Consent and Deferral Election: No distribution under this Plan may be made to a Participant whose vested interest exceeds Three Thousand, Five Hundred Dollars ($3,500) prior to the later of the Participant's normal retirement age, or the Participant's sixty-second (62nd) birthday without the Participant's written consent. A Participant may elect, with the consent of the Retirement Board, to have the commencement of the Participant's benefit deferred until a date later than the date specified in subsection (a), (b) or (c) of this Section 7.3, but in no. event shall the commencement of distribution be later than the required distribution commencement date specified in Section 7.4. Any election under this subsection shall be made by submitting to the Retirement Board a written request, signed by the Participant which describes the benefit and the date on which the payment of such benefit shall commence. (f) Distribution of a Participant's Contributions. Any other provision of this Section 7.3 to the contrary notwithstanding, a Participant, in the event of the termination of his or her employment for any reason, shall be entitled to receive payment in one lump sum of his or her interest in the Trust Fund represented by the contributions actually made by him, provided he makes written demand therefor upon the Retirement Board. The earnings, gains and increases in fair market value of the Participant's voluntary contributions account shall be distributed at the same time and in the same manner as the Participant's interest attributable to Employer contributions. Section 7.4 Reauired Distribution Commencement Date. Distribution of a Participant's interest must begin no later than April 1 of the calendar year following the calendar year in which takes place the later of the date the Participant attains the age of seventy and one-half (70-1/2) or the date the Participant retires. Section 7.5 Manner of Distribution. When a Participant's interest shall become distributable, the Participant shall elect the form and timing of the distribution. The Participant shall determine the form of distribution by filing a written election with the Retirement Board. Distribution may be made in one or more of the following methods: -19- SAW2084\926791 (1) Lump Sum Distribution. The Participant's interest may be paid to the Participant or his or her beneficiary by the „ distribution of the total vested balance of the Participant's account in one lump sum. (2) Installments. The Partir_ipant's interest may be paid.to the Participant or his or he:r beneficiary in substantially equal periodic installments (not more frequently than monthly). Such installments shall not extencl ovez• a period exceeding the Participant's or beneficiary's life expectancy. (3) Annuities. The Pairticipant's interest may be distributed in the form~of a straight-life annuity, an annuity with a term certain of five (5), ten (10) or :Eifteen (15) years, or an annuity with a one-half (1/2) or two-thirds (2/3rds) survivor annuity, provided any such annuity contract shall be non- transferable with respect to such Partic:ipant. Section 7.6 Limitation on Duration of Payments. Whenever an amount becomes distributable to a Participant, such amount shall be distributed over a period not exceeding the longer of (i) the longer of the life or the life expectancy of the ' Participant, or (ii) the longer of the joint lives or the joint life expectancies of the Participant and an.individual designated as a beneficiary by the Participant. To t.he extent distribution is made after the Participant attains L-he age of seventy and one-half (70-1/2), if not paid in a lump sum,, the distribution must be made in substantially equal periodic installmeints at least annually over the period prescribed in this subsection subject to acceleratian of payment at the election of the Participant or beneficiary. The present value of the benefits payaLble solely to the Participant under any elected method must exce:ed fifty percent (5016) of the total benefits payable to the Participant and his or her benefi- ciaries, unless distribution is in the f`orm of a qualified joint and survivor annuity. Section 7.7 Soecial Rule=: for Distributions After the Participant's Death. (a) Distributions CommencinQ Prior to Death. If distribution of a Participant's intearest had commenced prior ta the Participant's death in accordance with Section 7.6, the remaining interest of the Participant sha1:L be distributed at least as rapidly as.under the method of distriburion being used as of the date of the Participant's death. (b) Distributions Commeiicincr After Death. If distri- bution of a Participant's interest did not commence prior to the Participant's death, the entire int:erest of the Participant shall be distributed within five (5) years after the death of the -20- . 'SAW152084\926'/91 • Participant, provided that a distribution commencing within one (1) year after the Participant's death to or for the benefit of a designated beneficiary over the longer of the life or the life expectancy of the designated beneficiary will be treated as having been distributed within such five (5) year period. If the surviving spouse of the Participant is the designated beneficiary, distribution is not required to commence until the date on which the Participant would have attained the age of seventy and one-half (70-1/2) and if distribution had not commenced as of the date of death of such surviving spouse, the provisions of this.paragraph shall be applied as if such spouse were the Participant. (c) Beneficiaries. If a_ Participant should die after receiving some part, but not all; of his or her account, the remaining balance thereof shall be.distributed to his or her beneficiary in manner determined pursuant to this Section 7.7. If the beneficiary of the Participant should die cease to exist or disclaim his or her interest prior to the completion of distribu- tion of the Participant's interest, the remaining distribution shall be made to the contingent beneficiary designated by the Participant, if any. If any contingent beneficiary should die, cease to exist or disclaim his or her interest, distribution of the remainder of the Participant's interest shall be made to the next contingent beneficiary. In the event there is not a beneficiary or contingent beneficiary designated by the Participant to receive distribution of the Participant's interest, the Participant's interest shall be distributed in a manner determined pursuant to this Section 7.7 to the recipient determined pursuant to Article VI above. Section 7.8 withdrawals. (a) 'Emplover Contributions. A Participant may not at . any time withdraw any part of his or her interest in the Employer contributions and the earnings, losses and changes in the fair market value thereof. (b) Participant's Voluntarv Contributions. A Participant may request the withdrawal from his or her voluntary ' contributions account of any amount in such account, including earnings and funds in such account. A Participant desiring such a withdrawal shall file a written request with the Retirement Board stating the amount to be withdrawn. The Retirement Board shall then distribute the amount requested to the Participant. The right to withdraw such contributions shall be available to all Participants in a non-discriminatory manner. Section 7.9 Spendthrift Provisions. Except as otherwise provided hereunder, all amounts payable hereunder by the Retirement Board shall be paid only to the person -21- SAW152084\926791 or persons entitled thereto, and a:11 such payments shall be paid ' directly into the hands of.such per;son oz• persons and not into the hands of any other person or corporation whatsoever except for transfers to other qualified reL-irement plans or individual retirement accounts at the written <iirect.ion of a Participant, and such payments shall not be liable for the debts, contracts or engagements of any such person or persons, or taken in execution by attachment or garnishment a; by any other legal or equitable proceedings; nor shall any suc: pers;on or persons have any right to alienate, anticipate, commute, pledge, encumber or assign any such payments or the benefits, proceeds or avails thereof; provided that nothing herein shall affect, restrict or abridge any right of setoff, lien or security interest which the Trust may have in the Participant's interest as a result of its use as security for a Participant loan to such Participant. Section 7.10 Insurance Contracts. If there has been an investment in i3 life insurance contract for the benefit of any Participant whose interest becomes distributable for any reason other than death, such Participant may, subject to any limitation set forth elsewhere in this Plan, obtain an absolute assignment of any such life insurance contract by informing the Retirement Board of the Participant's election. If the interest of a Participant electing such an assignment is not one hundred percent (1000) vested, the Participant's vested interest shall first be satisfied out of the values of any such contracts, and if his or her total vested interest is less than the total values.of such contracts, such Par•ticipant may obtain such assignment only by paying to the Retirement Board an amount equal to the difference in the values of such contracts and his or her vested interest. If such election is not: exercised within thirty (30) days af.ter the termination of ernployment, the Retirement Board shall cause such contract to be s;urrendered and shall add the proceeds of such surrender to the interest of the Participant. Section 7.11 Authorization of Loans to Participants. (a) Availability of Loa}zs. The Employer may permit Participant loans. Any such loan shall be made at the request of the Participant or beneficiary and shall be subject to the re- quirements set forth in this Section. To the extent loans are made available, such loans shall be available to all Participants or beneficiaries on a reasonably equi.valent and non-discriminatory basis. The Retirement Board may maintain a Participant .Loan Policy, which may impose additional limit:ations, restrictions and requirements which the Retirement Board determines are necessary or appropriate provided such loans remain available on an equal, non- discriminatory basis to all Participants.. -22- . SAN'\52081\42679.2 1 ~ (b) Limitation on Amount of Loans. Any loan, when combined with the principal balance due on all other loans made to the Participant by any qualified retirement plan maintained by the Employer, shall not exceed the lesser of Fifty Thousand Dollars ($50,000), reduced by the highest outstanding balance of such loans to the Participant during the one year period ending on the day before the date a loan is made, or fifty percent (50%) of such Participant's vested interest. (c) ReDavment of Loans. Any loan must be repaid in substantially level amortized installments of principal and interest, payable at least quarterly over the term of the loan. Any loan shall be repaid within five (5) years unless such loan is for the purpose o~f the acquisition of a principal residence for the' Participant. Such a loan for a residence must be repaid over a reasonable period of time. (d) Interest Rate. Participant loans shall bear a reasonable rate of interest, as determined under the Participant Loan Policy. (e) Securitv. Al1 Participant loans shall be adequately secured. Fifty percent (5010 of the vested interest of the Participant in the Trust Fund shall be security for the repayment bf such loan and the Retirement Board may require security in addition to the Participant's vested interest if it deems it necessary or if the Participant fails to consent to the use of his or her vested interest as security. (f) Default. Notwithstanding any other provision of this Section, if a Participant loan made pursuant to this Section is in default, the Retirement Board may not foreclose upon the Par- ticipant's vested interest prior to termination of employment to , satisfy such loan. Until a loan in default is satisfied, it shall continue to bear interest at the rate provided in the note plus additional interest of two percent (2t) per annum. . Section 7.12 Hardship Distributions. (a) Procedure. In the event of an unforeseeable emergency, a Participant may request a withdrawal for Hardship by submitting a written request to the Retirement Board, accompanied by evidence that his or her financial condition warrants an advance release of funds and results from an unforeseeable emergency which is beyond the Participant's control. The Retirement Board shall review the request and determine whether payment of any such amount is justified. If payment is justified, the amount shall be limited to an amount reasonably needed to meet the emergency. The Retirement Board shall determine the amount and form of payment with payment to be made as soon as possible following approval. -23- SAM5208d\92679.2 (b) Hardship Defined. "Hardship" means a severe 'financial setback of the Participan.t resulting from a sudden and unexpected illness or accident of thf_ Participant or a dependent of the Participant, loss of the Participant's property due to casualty, or other similar exti-aordinary and unforeseeable circumstances, arising from events beyond the Participant's control. Whether circumstances constitute an unforeseeable emergency depends on the facts of each case, but, in any cas.e, payment may not be made to the exter.t that such hardship is or may be relieved: (1) through reimbursement or compensation by insurance or otherwise; (2) by liquidation of the Participant's assets, to the extent that liquidation itself would not cause severe financial hardship; or (3) by cessation of Voluntary Employee Contributions under the Plan. In the event hardship dis•tribut:ions are made availalble, such distributions shall be available to a.ll Participants on a:zon- discriminatory basis. Section 7.13 --'Claims Procedures. Upon a Participant's termination of service with the Employer for any reason, the Participant or the Participant's beneficiary will be advised by the Retirement :Board of his or her rights to benefits under the Plan. If at any time the Participant or the Participant's beneficiary feels th.at he: or she is entitlect to benefits, he or she may make a cliaim for benefits by writing a letter to the Retirement Board requesting the benefits and stating why he or she feels.he or she is entitled to them. If the claim for benefits under the Flan of any Participant or beneficiary has been denied, the R.etirement Board shall provide adequate no,tice, in writing, to such Participant or beneficiary within ninety (90) days after the claim is filed. Such notice shall set forth the specific reasons for such denial, spec.ific reference to pertinent Plan provi:sions on which the denial is based, a description of any additional material or information necessary for the claimant to perfect his or her claims, if any, and an explanation of why such material or information is neces- sary, and appropriate information as to the steps to be taken if the Participant or beneficiary wisYies to submit his or her claim for review. If a notice of the denial of a claim is not furnished within ninety (90) days, the claim shall be deemed to be denied and the claimant shall be permitted to submit his or her claim for review at that time. Each claim submiY_ted for review shall be -24- . SA W.52084\92679.2 ' entitled to a full and fair review by the Retirement Board (or by a person designated by the Retirement Board) of all the facts and circumstances and the preliminary decision denying such claim. The Participant or beneficiary may request such a review upon written application, he or she may review pertinent documents and he or she may submit issues and comments in writing. Any such review must be requested within seventy-five (75) days of the original claim denial, and a decision on such claim shall be made not later than sixty (60) days after the Plan's receipt of such request. The decision on review shall be in writing and shall include the specific reasons for the decision, written in a manner calculated to be understood by the claimant as well as specific references to the pertinent Plan provisions on which the decision is based. ARTICLE VIII CONTINUANCE. TERMINATION AND AMENDMENT OF PLAN AND TRUST Section 8.1 Continuance of Plan bv Successor Government. A successor government may continue this Plan by proper action of its legislative body by executing a proper supplemental agreement to this Plan and by executing a proper supplemental agreement to the Trust Agreement established in conjunction with this Plan with the Trustee. All Participants in this Plan shall have those rights and obligations they had under the previous government. Section 8.2 Distribution of Trust Fund on Termination of Plan. If the Plan shall, at any time, be terminated by the terms of this Article, the value of the interest of each respective Participant or beneficiary in the Trust Fund shall be vested in its entirety and non-forfeitable as of the date of the termination of the Plan. Upon the termination of the Plan, the Employer in its discretion may either terminate the Trust or continue the Trust in existence. If the Trust is then terminated, the assets of the Trust Fund shall be immediately distributed to the Participants or their beneficiaries in cash or in kind. If the Trust is continued, the assets shall be distributed to the Participants or their beneficiaries in accordance with the provisions of Article VII above. Section 8.3 Amendment or Termination of Plan and Trust Aareement. (a) In General. The Employer may at any time and from time to time amend this Plan and the Trust Agreement established pursuant to this Plan, or terminate this Plan and the Trust Agreement established pursuant to this Plan provided that pursuant to the requirements of CRS § 31-30-621, any amendment or act of -25- SAW152084\92679.2 termination of the Plan or Trust must be approved by a vote of at least sixty-.five percent (65%) of the totail votes cast by all sworn police officers and firefighters act:ively employed by the Employer and all former Employees who are entitled to a benefit from the Plan. In addition, no amendment may be made at any time which diverts the Trust Fund to purposes otheir than for the exclusive benefit of the Participants and their beneficiaries, and provided further that no amendment shall discrimin.ate in favor of Employees who are partners, officers or Highl.y Compensated Employees. All amendments shall be in writing. (b) LeQal Reauirements. PJotwithstanding anything herein to the contrary, however, the Pla;a and Trust Agreement may be amended at any time and.from time to time, if necessary, to conform to the provisions and requirements af the federal Internal Revenue Code or any amendments thereto, or regulations or rulings issued pursuant thereto, and the provisions and requirements of the Employee Retirement Income Security.Act of 1974, as amended, and no such amendment shall be considered prejuclicial to the interest of any Participant or beneficiary hereunder. (c) VestinQ Schedule. No amendment shall decrease the percentage of the interest of any Participant which shall theretofore have become vested. ARTICLE IX M I S CELLANI'sOUS Section 9.1 Transfers Between Oualified Plans. (1) In General. The Ret:iremen.t Board is authorizeci to receive and 'add to the interest of any Participant, the Participant's vested interest in the assets held under any other qualified employee retirement plan ox-individual retirement account if such transfer satisfies the requii-ements under law for transfers between qualified plans or rollover contributions. In such event the assets so received shall be ful}_y vested and shall be held in a separate account and shall be administered and distributed pursuant to the provisions of thi.s Plan and Trust concerning Employer contributions. The Retirement Board is also authorizeci at the request of the Participant to tran.sfer such Participant's vested interest which has become distributable under Article VII hereof, directly to another qual~_fied plan or an Individual Retirement Account for the benefit of such Participant, provi.ded such transfer satisfies the requirements under law for such transfers. (2) For Distributions Mad.e on or after Januarv 1, 1993. Notwithstanding any provision of t:he plan to the contrary that would otherwise limit a distributee's ele<:tion under this Secti.on, -26- SAW\5 2084192 679 2 a r a distributee may elect, at the time and in the manner prescribed by the Retizement Board, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (3) Definitions. (a) Elicrible Rollover Distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal period payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401(a) (9) of the Code; and the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). (b) _Eliaible Retirement Plan. An eligible retire- ment plan is an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, or a qualified trust described in section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible roll- over distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (c) Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. (d) Direct Rollover. A direct rollover is a pay- ment by the plan to the eligible retirement plan specified by the distributee. Section 9.2 Benefits to be Provided Solel from the Trust Fund. All benefits payable under this Plan shall be paid or provided for solely from the Trust Fund, and the Employer assumes no liability or responsibility therefor. -27- . SAW\52084\92679.2 . Section 9.3 Notices from Participants to be Filed with Retirement Board. ~ Whenever provision is made herein. that a Participant may . exercise any option or election or designate any beneficiary, the action of each Participant shall be evidenced by a written notice thereof signed by the Participant on a form, if any, furnished by the Retirement Board for such purpo:;e and filed with the Retirement Board, which shall not be effective until received, by the Retirement Board. . Section 9.4 Aaent for Servi_ce of Process. The agent for service of process for the Plan shall be the Retirement Board unless a different agent shall be designated by the Employer_ The agent and the agent's iiddress shall be set forth in the Summary Plan Description di:;tributed to the Participants. Section 9.5 Text to Control.. . ` The headings of Articles and Sectior.is are included solely for convenience of reference. If there: shall be any conflict between such headings and the text of this Plan, the text shall control. Section 9.6 Law Governinct a.nd Severabilitv. This Plan shall be construed, regulat:ed and administered under the laws of the State of Colorado. All contributions received by the Trustee hereunder shall be deeme:d to have been received in that state. In the event any provision of this Plan shall be held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining provisions hereof. On the contrary, such remaining provisions shall be fully, severable and this Plan shall be construed and enforced as if said illegal or invalid provisions had never been inserted hereia. Section 9.7 Emplover's Obli aQ tions. The adoption and continuance of the Plan shall not be deemed to constitute a contract between the Emp=Loyer and any employee or Participant, nor to be a consideration :for, or an inducement or condition of, the employment of any person. Nothing herein contained shall be deemed to give any employee or Participant the right to be retained in the employ of the Employer or to interfere with the right of the Employer t:o di;scharge any employee or Partieipant at any time, nor sha:Ll it be deemed to give the Employer the right to require the employee or Participant to remain in its employ nor shall it interfere with the right of any employee or Participant to terminate his or her ernployment at any time. -28- SAW152084\926792 f ~ The Employer shall not incur any liability whatsoever to the Trust Fund, or any Participants or their beneficiaries, or the Trustee, or any other person for anything done or omitted by the Trustee or for the loss or 'depreciation, in whole or in part, of the Trust Fund. Section 9.8 Plan for Exclusive Benefit of Partici ants• Reversion Prohibited. This Plan has been eritered into for the exclusive benefit of the Participants and their beneficiaries. Under no circumstances shall any funds contributed to or held by the Trustee hereunder at any time revert to or be used by or.enjoyed by the Employer nor shall any such funds or assets at any time be used other than for the exclusive benefit of the Participants or their beneficiaries, subject to the provisions concerning the return of certain Employer contributions. IN WITNESS WHEREOF, this restated Plan has been adopted day of , 19 TOWN OF VAIL POLICE AND FIRE EMPLOYEES' PENSION PLAN By: EMPLOYER -29- SAW152084\926791 ti P ~ ORDII3ANCE N0. 28 Series of 1994 AN ORDINANCE ADOPTING A NEW TOWN OF VAIL EMPLOYEES' PENSION PLAN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail has adopted a Town of Vail Employees' Pension Pl.an, the effeCtive date of which was January 1, 1983 and has adopted a first, second, third, fourth, and fifth, amendment to said plan, the effective dates of which were January ' 1, 1983, January 1, 1983, July 1, 1986, January 1, 1988, and January 1, 1989, respectively; and WHEREAS, the Town Council wishes to adopt a new Town of Vail Employees' Pension Plan, as attached hereto and incorporated by ref erence . NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town of Vail Employees' Pension Plan which is attached'hereto and incorporated herein by reference is hereby approved by the Town Council. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. • 4.. The repeal or the repeal and reenactment of any•provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any 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 previou5ly repealed or superseded unless expressly stated herein. 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, heretofore repealed. I23TRODUCED, READ AND APPROVED ON FIRST READING this day of , 1994, and a public hearing shall be held on this Ordinance on.the day of , 1994 at 7:30 P.M. in the r T of , 1994, and a public hearing sha1:1 be held on this ~ Ordinance on the day of , 1994 at 7:30 P.M. in the Council Chambers of the Vail Municipal Buili3ing, Vail, Colorado. Ordered published in fu1Z this day of , 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk • INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED th__ day of , 1994. . Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk D ryf . , U TOWN OF VAIL EMPLOYEES' PENSION PLAN SAW\52084140485.4 . . ~ TABLE OF CONTENTS P_ aQe ARTICLE I NAME AND PURPOSE OF PI,AN . . . . . . . . 1 ARTICLE II DEFINITIONS . . , , . . , , , , 1 Section.2..1 "Administrator" . . . . . . . . . . 1 Section 2.2 "Anniversary Date01 . . . . . . . 2 . Section 2.3 "Beneficiary" . . , . , , , , , , , 2 Section 2.4 "Break in Service'", 2 Section 2.5 - - "Code" . . . . . . . . . . . , , 2 Section 2.6 "Compensation" . „ . . . . . . . . . 2 Section 2.7 "Effect'ive Date" „ . . . . . . . . . 2 . Section 2.8 "Employee" . . . . . . , . , , , , 2, Section 2.9 "Employer" . . . . . . . . . . . . . 3 Section. 2.10 "Employment Anniversary Date" . . . . . . . . . . . . . . . . . . . . 3 Section 2.11 "Full-Time RegulaLr Employee" 3 Section 2.12 "Highly Compensated Employee" . . . . . . . . . . . . . . . . 3 Section 2.13 "Recreation District" . . . . . . 4 Section 2.14 "Retirement Board." . . . . . . . . 5 Section 2.15 "Total Disability" . . . . . . . . 5 Section 2.16 "Trustee" . . . . . . . . . . . . . 5 Section 2.17 --."Trust Fund" . . . . . . . . . 5 Section 2.18 "Year" and "Plan Year" . . . . . 5 Section 2.19 "Year of Service" . . . . . . . . . 5 ARTICLE III PARTICIPATION OF EMPLOYEES . . . . . . . 5 Section 3.1 Eligibility . . . . . . . . . . . . 5 Section 3.2 Participation of Non-Full-Time Regular Employees . . . . . . . . . . . . . . 5 . Section 3.3 Retirement Board 1:o Determine Participants . . . . . . . . . . . . . ' . . . . 6 ARTICLE IV CONTRIBUTIONS AND LIMITATIONS ON ALLOCATIONS 6 Section 4.1 Contributions by t:he E:mployer for Full-Time Regular EmployEaes . . . . . 6 Section 4.2 Contributions for Non-Full-Time Regular Employees . . . . . . . . . . . . 6 Section 4.3 Voluntary Contr.ibutions by Participants . . . . . . . . . . . . . . . . '7 Section 4.4 Return of Employer Contributions . . . . . . . . . . . . . . . . 7 Section 4.5 Limitations on Al1c>cations 8 -i- SAW2084\90485.4 ~ 1t' Section 4.6 Limitation on Benefits and Contributions When , an Employee Participates in Both a Defined Benefit and a Defined Contribution PZan of the Employer . . . . . . . . . . . . . . . . . 9 Section 4.7 Contribution Percentage Test for Matching and Employee Contributions 10 ARTICLE V DETERMINATION AND VESTIIVG OF PARTICIPANTS' INTERESTS . 11 ' Section 5.1 Allocation of Employer . Contributions . . . . . . . . . . . . . . . 11 Section 5.2 Allocation of Earnings, Losses and Changes in Fair Market VaZue of the Net Assets of the Trust Fund . . . . . . . . . 12 Section 5.3 Participant Accounts . . . . . . . . 12 Section 5.4 Valuation of Accounts . . . . . . . 12 Section 5.5 Vesting of Participants' . Interests . . . . . . . . . . . . . . . . . 13 Section 5.6 Determination of Years of Service for Vesting Purposes . . . . . . . . . 14 $ection 5.7 Leaves of Absence; Military Service . . . . . . . . . . . . . . . . . 15 Section 5.8 Vesting Upon Termination of Plan or Discontinuance of Contributions to the Plan . . . . . . . . . . . . . . . . . 15 ARTICLE VI RETIREMENT DATE DETERMINATION OF BENEFICIARY 15 Section 6.1 Retirement Date . . . . . . . . 15 Section 6.2 Determination of Beneficiary 15 ARTICLE VII DISTRIBUTION FROM TRUST FUND 16 Section 7.1 When Interests Become Distributable and Effect Thereof 16 • Section 7.2 Notification of Trustee and Transfer of Interest to Segregated Account . . . . . . . . . . . . . . . 17 Section 7.3 Time of Distribution 17 Section 7.4 Required Distribution Commencement Date . . . . . . . . . . 19 Section 7.5 Manner of Distribution 19 . Section 7.6 Limitation on Duration of Payments . . . . . . . . . . . . . . . 19 Section 7.7 Special Rules for Distributions After the Participant's Death . . . . . . . . 20 Section 7.8 Withdrawals . . . . . . . . 21 Section 7.9 Spendthrift Provisions . . . . . . 21 Section 7.10 Insurance Contracts . . . . . . . 21 -ii- SAW152084190485.4 ! Section 7.11 Authorization of Loans to Participants . . . . . . . . . . . . . : . : . 22 Section 7.12 Hardship Distributioms . . . . . . 23 Section 7.13 Claims Procedures . . . . . . . . 24 ARTICLE VIII CONTINUANCE, TERMINATION AND AMENDMEN7? OF PLAN AND TRUST 24 Section 8.1 Continuance of Plan by Successor Government . . . . . . . . . . . . . 24 Section 8.2 Distribution of 'C-rust. Fund on Termination of Plan . . . . . „ . . . . . . . 25 . Section 8.3 Amendment or Te:rmination of Plan and Trust Agreement . . . . . . . . . . 25 ARTICLE IX MISCELLANEOUS . . . . . . . . . . . 26 Section 9.1 Transiers Between Qualified Plans . . . . . . . . . . . . . . . . . . . . 26 Section 9.2 Benefits to be Prc~videtd Solely from the Trust Fund . . . . . . . . . . . . 27 Section 9.3 Notices from Participants to be Filed with Retirement Board . . . . . . . . . 27 Section 9.4 Agent for Service of Process 27 Section 9.5 Text to Control . . . . . . . . . 27 Section 9.6 Law Governing and Severability . . . . . . . . . . . . . . . . 28 Section 9.7 Employer's Obligat:ions . . . . . . . 28 Section 9.8 Plan for Exclusive Benefit of Participants; Reversion Prohibited . . . . . 28 -iii- SAW152084\90485.4 . TOWN OF VAIL EMPLOYEES' PENSION PI,ART THIS RESTATED PENSIOIV PLAN is adopted by the Town of Vail (hereinafter referred to as the "Employer"). ARTICLE I NAME A1VD PURPOSE OF PLAN The Employer established a qualified money purchase pension plan for its employees who qualify as participants and their beneficiaries known as the Town of Vail Employees' Pension Plan (hereinafter referred to as the "Plan"), for the purpose of providing retirement benefits for certain of its employees. The Plan was created and is maintained for the exclusive benefit of the Employer's eligible employees who qualify as participants and their beneficiaries. The Plan was initially adopted September 20, 1983 and has been amended from time to time since that date. The Employer by this document restates the Plan to incorporate all prior amendments and other changes required by law. Unless governed by §2.7, the provisions of the Plan restated effective January 1, 1994 shall supersede any and aTl provisions of the Plan in effect prior to December 31, 1993. Participants who terminate employment prior to January 1, 1994 shall have their benefit under the Plan determined in accordance with the provisions of the Plan in effect on the date of termination of employment. Any Participant who was a Participant in the Plan on December 31, 1993 shall continue as a Participant in the Plan under this amended and restated Plan. - The Plan is intended to qualify under the applicable provisions of Section 401(a) of the federal Internal Revenue Code and the Trust created in conjunction with the Plan is intended to be exempt under Section 501(a) of such Code and all provisions of this Plan shall be construed in accordance with this intention. Since this is a government plan, it is not intended that the Plan or Trust comply with any provision of the Employee Retirement Income Security Act of 1974, as amended, except to the extent the requirements of such Act are specifically applicable to government plans. ARTICLE II DEFINITIONS When used herein, the following words shall have the following meanings, unless the context clearly indicates otherwise: Section 2.1 "Administrator" means the Retirement Board as defined at Section 2.14. SAW152084\90485.4 , i Section 2.2 "Anniversarv Date" means the last day of the plan year, which is currently December 31. Section 2.3 "Beneficiarv° means the per,son or entity who, pursuant to Article VI of this Plan, becomes entitled to receive a Participant's interest upon the Participant's dieath. Section 2.4 "Break in Service" means any, twelve. (12) consecutive months of service ending on the Employment Anniversary Date during which an Employee fails to earn a Yoaar of Service far vesting purposes. Section 2.5 "Code" means the Interria:l Revenue Code of 1986, as amended. References to a section of trie Code shall mean the section in effect at the date of adoption of the Plan, or the corresponding provision, or the provision that is equivalent in purpose and effect, of any subsequent feder,al tzix law. Section 2.6 "Comnensation" means trie base salary paid-by the Employer to a Participant for services rendered to the Employer, excluding bonuses, overtime pay, severance pay, shift differentials, longevity pay, and any other form of compensation, insurance premiums, pensions and retirement hienefits, and a1:1 contributions by the Employer to the withir.L Pension Plan, to any health, accident or welfare fund or plan, to any deferred compensation plan, to any other qualifiei3 retirement plan or simplified employee pension plan, or any simi.lar benefit, any amount received as cash under a profit-sharing plan cash option provision, and any other amounts which rece;ive special tax benefits, provided that compensation reductions pursuant to the Employer pick-up of employee contributions puLrsuant to Code Sectioil 414 (h) shall not be excluded as compensation except for the. purpose - of applying the limitations on allocations a:nd benefits under Code Section 415. Further, compensation shall not in.clude any amounts realized on the transfer of property rights from the Employer. The annual compensation of any Participant taken into account under the terms of the Plan for any Plan Year shall n.ot exceed One Hundreci and Fifty Thousand Dollars ($150, 000) , as acijusted for changes iri the cost of living as provided bv law or regulation. Section 2.7 "Eff-::tive Date" of this Plan is January 1, 1994, provided that each ::-aange to this Plan which is reauired for compliance with the Tax Reform Act of 1986 or subsequent legislation or regulations shall be effecti•ve as of the required date-of such provision.if before January 1, 1994. Section 2.8 "Emplovee" means any person now or hereafter in the employ of the Employer, but excluding all emp].oyees who are not. in the Employer's employ in any other c;apacity, independent contractors and full-time paid sworn polic:e officers and firefighters employed by Employer. In additiLon, a leased employee: -2- SAWM084\90485.4 P within the meaning.of Section 414(n)(2) of the Code shall be considered an employee of the Employer, provided that if such leased employee constitutes less than twenty percent (20t) of the Employer's non-highly compensated work force within the meaning of Section 414(n) of the Code, the term "Employee" shall not include any leased employees covered by a Plan described in Section 414 (n) (5) of the Code. Section 2.9 "Em lo er" means the Town of Vail, a town within the State of Colorado. Any action to be taken or determination to be made by the Employer shall be by action of the Town Council of the Town of Vail except to the extent such authority is delegated by the Town Council of the Town of Vail.. Section 2.10 "Em lo ent Anniversa Date" means the last day of the twelve (12) month period beginning on an Employee's date of hire and the same date.in subsequent years. For this purpose, an Employee's date of hire is the first day in which an Employee completes an hour of employment. Section 2.11 "Full-Time Reqular Emtployee" means an employee who it is anticipated will work at least 1,000 hours per year in a position which does not have a definite duration of less than six (6) months. Section 2.12 "HiQhlv Compensated Em,ployee" means highly compensated active employees and highly compensated former employees determined in accordance with the following rules: (1) Active Emplovees. A highly compensated active employee includes any employee who performs service for the Employer during the determination year and who: (a) received compensation from the Employer during the look-back year in excess of $75,000 (as adjusted pursuant to S.ection 415(d) of the Code); (b) received compensation from the Employer during the look-back year in excess of $50,000 (as adjusted pursuant to Section 415(d) of the Code) and was a member of the top paid group for such year (the highest 200 of the employees of the Employer in the order of compensation); . (c) was an officer of the Employer during the look- back year and received compensation during such year that is greater than SOo of the dollar limitation in effect under Section 415 (b) (1) (A) of the Code; and (d) was a 501 owner at any time during the look-back year or determination year. -3- SAW\.52084\40485.4 ~ The term "highly compensated employee" also includes employees who are both described in the prece:ding paragraphs if the term "determination year" is substituted for ttte term "look-back year" and the employee is one of the 100 empl.oyees who received the most compensation from the Employer during the di.termination ye=.-. (2) Hiahest Paid Officer. If no officer has sat_. the compensation requirement of (1) (c) of thiLs Section either a determination year or look-back year, the highest r4id officer for such year shall be treated as a high:ly compensated em- ployee. (3) Determination Year. Far t:he purposes of this Section, the determination year shall be the Plan Year. The look- back year shall be the twelve month period imme:diately prece-:9 the determination year. (4) Former Employees. A highly compensated former employee includes any employee who separateci from service (c: deemed to have separated) prior to the determination year, per- no service for the Employer during the determinat:ion year, and ;:as a highly compensated active employee either the separation yeai- or any determination year ending on after the employee's SSth birthday. (5) Famil Members. If an employee is, during a determination year or look-back year, a fami.ly member of either a 50 owner who is an active or former ernployee or a highly compensated employee who is one of the 10 mast highly compensated employees ranked on the basis of compensatioii paid by the Employez• during sach year, then the family memy:::::1- and -the 5o owner or top 10 highly compensated employees shall -~lggregateci. In such case, the family member anc 50 owner o,. .op 10 highly compensated. employee shall be treated as a single employee receiving compensation and Plan contributions or benefits ec3ual to the sum of such compensation and contributions or benefit.s of the family member and 5% owner or top 10 highly compensated employee. For purposes of this Section, family member includes the spouse, lineal ascendants. or descendants of the employee or foi-mer employee and the spouses of such lineal ascendants or descendiFLnts. (6) Rules of Construction. The de:termination of wr.o is a highly compensated employee, including the dete:rminations of the number and identity of employees in the top-paid group, the top 100 ' employees, the number of employees treated as officers and the compensation that is considered, will be macie ir.t accordance with Section 414(q) of the Code and the regulatio:ns thereunder. Section 2.13 "Recreation District" means Vail Metropolitan Recreation District, a special governmental district within the State of Colorado. . -4- SAW\.52084\90485.4 b Section 2.14 "Retirement Board" means the Trustees appointed pursuant to Article VII of the Trust Agreement, of the Todvn of Vail Employees' Pension Plan dated September 20, 1983, Amended the 7th day of August, 1990 and restated in its entirety the day of , 1994. Section 2.15 "Total Disabilitv" means a disability which permanently renders a Participant unable to perform satisfactorily the usual duties of the Participant's employment with the Employer, as determined by a physician seTected by the Retirement Board, and which results in the Participant's termination of service with the EmploXer. A finding of disability by the federal Social Security Administration shall be conclusive evidence of disability. Section 2.16 "Trustee" means the Trustee or Trustees of the Trust Fund established in conjunction with this Plan and any duly appointed and qualified successor or additional Trustees; additionally referred to as Retirement Board. Section 2.17 "Trust Fund" means the assets of the Trust established in conjunction with this Plan out of which the benefits of this Plan shall be paid and shall include all income of whatever nature earned by the Fund and all increases in fair market value. Section 2.18 "Year" and "Plan Year" mean the fiscal year of the Trust established pursuant to this Plan. The Plan Year begins on January 1 and ends on December 31. Section 2.19 "Year of Service" means a twelve (12) con- secutive month period ending on an Employment Anniversary Date during which the employee is a Full-Time Regular. Employee throughout such period. ARTICLE III PARTICZPATION OF EMPLOYEES . Section.3.l Eli ibilit . ' Each Full-Time Regular Employee of the Employer shall become a Participant in the Plan on the date of employment or, if later, the date on which the Employee becomes a Full-Time Regular Employee. Section 3.2 Partici ation of Non-Full-Time Re ular Em lo ees. Any employee who is not a Full-Time Regular Employee and as a result is not eligible in accordance with Section 3.1 sha11 be eligible to participate in the Plan on a limited basis as provided -5- SAW\52084\4Q485.4 + . in Section 4:2 below. Such participation shall be.effective as of such employee's date of employment. . Section 3.3 Retirement Board to Det:ermi.ne Participants. The Retirement Board shall have the duty and responsibility of determining when an employee becomes a. Flarticipant and when a Participant is eligible to s'r:a~ e in the Employer' s contribution. The determination of the Retirement Board a:; to the identity of the respective Participants and as to their respecti.ve interests shall be binding upon all employees, all Part:icipants and all . beneficiaries of the Participants. ARTICLE IV CONTRIBUTIONS AND LIMITATIONS ON ALLOCATIONS Section 4.1 Contributions by the Emplover for Full-Time Reqular Employees. The Employer shall contribute and pay into the Trust Fund far each pay period to the credit of the Employer Contributions Account of each Participant who is a Full-Time Regular :Employee an amount equal to 11.150 of such Participant's compensation for such pay period during the first year of employmerit and 16.15% of such Participant's compensation thereafter. Not:withstanding the foregoing, the rate of contribution of any such employee whose date of employment with the Employer was prior to ~June 1, 1986 will remain at 17.60. The Employer shall make payment of its contribution for each pay period in one surn as soon as practical after the end of such pay period. Such contribution shall be made in cash. The contribution provided above foi_ any employee shall be reduced by the amount of taxes paid by the Empl.oyer on behalf of such employee pursuant to the federal Social Se:curity Act or any amendment thereto. Such contribution reduction ,shail be effective at the same time as any such payroll tax mandated by the Socia.l Security Act or any amendment becomes effec-tive. Section 4.2 Contributions for lVon-F'ull-Time Rectular Employees. (a) Emplover Contributions. Foi- eac:h Plan Year, the Employer shall contribute to the Plan to the credit of the Employex Contribution Account of each Participant wllo is not a Full-Time Regular Employee, an amount equal to 1.5% of the Participant':s eligible compensation. The contribution of the Employer for anv Plan Year shall be made no later than 2-1/2; months following the end of the Plan Year. (b) Emplovee Contributions. Each eimployee who is a Part.icipant but not a Full-Time Regular Employee shall be requirec3 -6- SAWL52084\90485.4 8 to contribute 6°s of the Participant's compensation to the Plan for each Plan Year. (c) Emt)lover Pick-Un Contributions. The employee con- tribution of each Participant who is not a Full-Time Regular Employee shall be made by the Employer and deducted from the compensation otherwise paid to the employee. Such contributions shall be considered to be pick up contributions under the terms of Section 414(h) of the Internal Revenue Code of 1986. Such Partici- pants shall not have the option of whether or not such contributions shall be treated as Employer pick-up contributions. Section 4.3 Volunta Contributions b Partici ants. Each Participant may make voluntary non-deductible- contributions to the Trust Fund for each year in which he or she is a Participant in such'amounts as the Participant may elect in the Participant's sole discretion, provided that the total of such amounts, when combined with the Participant's nondeductible employee contributions to any other qualified retirement plan maintained by the Employer, subject to the limitations of Section 4.5 below, may not exceed the following percentages of the Participant's compensation for such year. If Employer contribution is. 17.60, then 7.401; 16.15%, then 8.850; 11.15%, then 13.85%. A Participant may make a contribution for any year at any time or times during such year or within thirty.(30) days after the end of such year, provided such contributions will be credited to the Participant's account no later than the last day of such year. The amount, if any, which a Participant contributes to the Trust Fund may vary from year to year and may be contributed in one sum or in installments, provided, that no contribution in any amount less than ten dollars ($10.00) may be made by the Participant at any one time. Such contribution shall be made in cash. Al1 contributions shall be made to the Trustee. No Participant shall have any obligation to make any contribution. Deductible voluntary contributions are not permitted. Section 4.4 Return of Emplover Contributions. Notwithstanding the provisions of Article IX below, a contribution made by the Employer may be returned to the Employer if the contribution is made by reason of a mistake of fact. The amount which may be returned to the Employer is the excess of (i) . the amount contributed over (ii) the amount that would have been contributed had there not occurred a mistake of fact. The return to the Employer of the amount involved must be made within one year -7- SAW\52084\40485.4 . of the mistaken payment of the contribution or clisallowance of the deduction as the case may be. Section 4.5 Limitations on Allocati.ons. .(a) General Rule. In no event may a Flarticipant receive an allocation for any year which, whe:n combined with the Participant's allocation undE_ any other dei:ined'.'contribution plan established by the Employer, exceeds the lesser of twenty-five percent (25%) of the Participant's compensiatiori for such year ar Thirty Th-Dusand Dollars ($30, 000) , provicied :such figure shall change to conform with any adjustment. for chanqes in the cost of living after the enactment of the Ta:tc Equity and Fiscal Responsibility Act of 1982 or for any other reason, as provided by law or regulation. For the purpose of a.pplying the foregoing limitation, the limitation year.shall be the Plan Year. If a short limitation year is created as a resu: - of a change in tr.- limitation year; the.dollar limitation for sucY.i short limitatic- year shall be the dollar limitation set foif-th i.n this subsectic-.. multiplied by a fraction, the numerator of which is the number of months in such short limitatian year and the denominator of which is twelve (12 ) . (b) Allocations. For the purpose of applying the Iimitations of this section, the allocation to the Participant shall include the following amounts allocat(ad tc) the account of a Participant for a limitation year: (i) Enlploy-er contributions, (ii) forfeitures, and (iii) non-deductible contributions made by the Participant. For the purpose of applyiizg li.mitations of thia Section, compensation from and allocations received under any retirement plan maintained by any other employer which is a commoiz member with the Employer of either a cc:=trolled group of businesse5 or an affiliated service group, as pres:.ribecl by 1aw or regulation, shall be counted. (c) Excluded Amounts. Any amount not mentioned iri subparagraph .(b) shall not be considered an allacation. The amounts not considered as allocations include deductible Participant contributions, rollover contributians and transfers from other qualified plans allocated to the account of a Participant. (d) Treatment of Excess. In the: event an allocation would otherwise exceed the limitations of this ;section, any non-. deductible voluntary contribution by the Part,ieipant which is; counted as part of such allocation shall be returned to such Participant to the extent necessary to reduce such allocation to a level in compliance with the limitations of t:his section. If after such return of contributions there still remain.s an excess, the excess over such limitations shall be held .in a suspense account until such amount can be applied to reduce the nex:t contribution of -8- SAW\-52084\90485.4 . the Employer. If the Employer maintains more than one qualified defined contribution plan, the excess shall be considered to have first occurred in the plan to which the contribution of the Employer is discretionary, and if there is no such plan, the excess shall be treated as having occurred in all defined contribution plans on a pro rata basis based upon the Employer contribution to each of the plans. If this plan is terminated when there is an amount held in such suspense account, the amount held in such account which cannot be allocated to Participant without exceeding the foregoing limits shall be returned to the Employer. (e) Compensation. For the purpose of this Section and Section 4.5, compensation shall mean compensation as defined in Section 2.6, provided that any taxable compensation excluded under such Section shall be included as compensation. Section 4.6 Limitation on Benefits and Contributions When an Em lo ee Partici ates in Both a Defined Benefit and a Defined Contribution Plan of the Employer. In any year if a Participant in this Plan is or ever has been a Participant in a defined benefit plan maintained by the Employer, then the sum of the defined benefit plan fraction and the defined contribution plan fraction (both as prescribed by law) for such Participant for such year shall not exceed 1.0. In any year if the sum of the defined benefit plan fraction on behalf of a Participant would exceed 1.0, then the allocation under this plan shall be reduced to the extent necessary so that the sum of such fractions does not exceed 1.0. For purposes of this Section, the limitation year shall be the Plan Year. The defined benefit plan fraction for any Participant shall be the fraction, the numerator of which is the projected annual benefit of the Participant under the Plan (determined as of the close of the year), and the denominator of which is the lesser of (i) the product of 1.25 multiplied by the maximum dollar limitation for benefits set forth in subsection 415 (b) (1) (A) of the Internal Revenue Code for such year, or (ii) the product of 1.4 multiplied by the percentage limitation set forth under section 415 (b) (1) (B) under the Code with respect to such Participant for such year. The defined contribution plan fraction shall be the fraction, the numerator of which is the sum of the annual additions to the Participant's account as of the close of the year for such year and all prior years, and the denominator of which is the sum of the lesser of the following amounts determined for such year and for each prior year of service with the Employer: (i) the product of 1.25 multiplied by the dollar limitation in effect under subsection 415(c)(1)(A) of the Internal Revenue Code for such year, or (ii) : the product of 1.4 multiplied by the amount which may be taken into account under subsection 415 (c.) (1) (B) of the Code with respect to such individual under such plan for such year with respect to dollar limitations. -9- SAW\52084\40485.4 ~ Section.4.7 Contribution Percentacre Tes,_t for Matching and Employee Contributions. (a) General. The Average Contribution Percentage in any year of all Participants who are Highly Conlpensated Employees may not exceed the greater of the following amounts: (1) 125% of the Av_rage Contribu-tion Percentage for such Year of all Participants wno are r.iot Fiighly Compensa*ed Employees; or (2) The Average Contribution Percentage for such Year of all Participants who are not Highly Compensated Employees, plus two percentage points (211), 'i-mited tc) two times the Average Contribution Percentage for all such Participants. For purposes of the foregoing, the Average Contribution Percentage is the average of the sum of the matching contributions allocated to the accounts of the applicable Participant plus suGh Participant's voluntary non-deductible cont- ributions, divided by the total compensation of sL_-h Participant for each such Participant. If the amount to ze. contri:buted by the Employer and allocated to the accounts of Participants who are Highly Compensated Employees exceeds the foregoing lim:itations, then th.e amount so allocated shall be reduced, pro.=rata among such Participants, to the extent necessary to satisf:y such limitation and such excess amount, together with earn:ings thereon, shall be distributed to such Participants no later than 2-1/2 months after the end of the Plan Year in which such contribui:ions were made. (b) Adiustment of Contribution Percent=acre. The Emplover may in its discretion make contributions to 1=he Plan which shal_ be designated as additional matching contributions and which shall be allocated to the accounts of Participants who are not Highly Compensated Employees, in order to increase the Average Contribution Percentage of such Participants. (c) Excess Acrcrregate Contrit>utions. Matehing contributions and employee contributions; in excess of the limitations of this Section are excess aggregate: contributions. (d) Disposition of Excess Aqgregiate C:ontributions. (1) General. Notwithstandiizg ariy other pravision of this Plan, Excess Aggregate Contribution,s, pl.us any income anr3 minus any loss allocable thereto, shall be :Eorfe:ited, if forfeit- • able, or if not forfeit- able, distributed 3Z0 later than the last day of each Plan Year to Participants to whose accounts such Excess Aggregate Contributions were alloeated for the preceding Plan Year. Excess Aggregate Contributions shall be allocate:d to Participants , who are subject to the Family ME:inber aggregation rules of Sect_oiZ -10- SAW152084\90485.4 41(q)(6) of the Code in the manner prescribed by the regulations. If such Excess Aggregate Contributions are distributed more than 2-1/2 months after the last day of the Plan Year in which such excess amounts arose, a 10!k excise tax will be imposed on the employer maintaining the Plan with respect to those amounts. Excess Aggregate Contributions shall be treated as annual additions under the Plan. (2) Determination of Income or Loss. Excess Aggregate Contributions shall be adjusted for any income or loss up to the date of distribution. The income or loss allocable to Excess Aggregate Contributions is the sum of: (i) income or loss allocable to the Participant's Employee Contribution Account, Matching Contribution Account, if applicable, Qualified Non- Elective Contribution Account for the Plan Year multiplied by a fraction, the numerator of which is such Participant's Excess Aggregate Contributions for the year and the denominator of which is the Participant's account balance(s) attributable to Contribu- tion Percentage Amounts without regard to any income or loss occurring during such Plan Year; and (ii) 10% of the amount determined under (i) multiplied by the number of whole calendar months between the end of the Plan Year and the date of distribution, counting the month of distribution if distribution occurs after the 15th of such month. (3) Forfeitures of Excess AQgreaate Contributions. Forfeitures of Excess Aggregate Contributions shall be applied to reduce Employer contributions. (4) Accountinq for Excess Aqqregate Contributions. Excess Aggregate Contributions shall be forfeited, if forfeitable or distributed on a pro-rata basis from the Participant's Employee Contribution Account, Matching Contribution Account, and Qualified Matching Contribution Account (and, if applicable, the Participant's Qualified Non-Elective Contribution Account). ARTICLE V ` DETERMINATION AND VESTING OF PARTICIPANTS' INTERESTS Section 5.1 Allocation of Emplover Contributions. The contribution made by the Employer to the credit of the account of each Participant eligible to participate in the allocation of the Employer's contribution pursuant to the provisions of Section 4.1 above shall be allocated to the Employer Contributions Account of each such Participant not less frequently than monthly. Any allocation shall be subject to the limitations set forth in Section 4.5 above. -11- SAW152084190485.4 . Section 5.2 Allocation of Earninas, Losses and Changes in Fair Market Value of the Net Assets of the Trust Fund. (a) General Rule. Earnings and lossE_s of the Trust Fund . and changes in the fair market value of the net assets of the Trust Fund shall be Gllocated to the Participa:nts ;as of each regular valuation date, in the ratio which the tot:al ciollar value of the interest of each such participant in the 'Crust. Fund bears to the aggregate dollaY value of all of such inte:rests of all such Participants as of the last previous regular valuation date. (b) Special Rule When There Ar~e SeQregated Accounts. For the purpose of the foregoing allocations, the amount of each Participant's interest in the fund, if any, that is held in a segregated account pending distribution p•ursuant te Article VII below, and the earnings and losses resull=ing thereto, shall be excluded. The segregated account of a Participant shall alone participate in the income, gains or losses of the property so segregated and alone be liable upon contrac~S. made for its benefit or liabilities arising from such investme:nt. Any extraordinary expenses resulting from the investments made at the direction of the Participant shall be borne solely by such Participant°s segregated account. Section 5.3 Participant Accounts. The following accounts shall be maintained for the Participants in the Plan: (a) Emplover Contributions Account. This account shall show the dollar value of the Participant's c,urrent interest in the Trust Fund resulting from all Employer cont:ributions and all amounts transferred from the Participant's account in the Town of Vail Pension Plan attributable to Employer contributions. (b) Participant Contributions Account. This account shall show the dollar value of the Participant's current interest in the Trust Fund resulting from all contributions made by the Participant. Section 5.4 Valuation of Accounts. (.a) Regular Valuation. The regular lraluation dates of the Trust Fund shall be the last day of each calendar quarter (March 31, June 30, September 30 and Decembe:r 31) at which time the Retirement Board shall determine the value o:E the net assets of the Trust Fund, i.e., the value of all of the assets of the Trust Fund at fair market thereof, less all liabilities, both as known t.o the Trustee, and the value of contributions by the Employer for such year. In the event that distribution is mai3e to a Participant or an annuity is to be purchased for the Participant's benefit, the -12- SAW152084\90485.4 valuation of such Participant's account shall occur as of the end of the quarter prior to such distribution or the purchase of an annuity. In no event shall valuation take place prior to the end of the quarter in which distribution is requested by the Participant.. Section 5.5 VestinQ of Participants' Interests. (a) Participant's Contributions. A Participant's interest in the coritributions made by him, if any, and the earnings, losses and changes in fair market value thereof, shall be fully vested at all times. (b) Contributions for Full-Time ReQUlar Employees Hired Before July 1 1986. In the case of a Participant who is a Full- Time Regular Employee whose date of employment with the Employer is prior to July 1, 1986, such Participant's vested percentage in Employer contributions made on the Participant's behalf pursuant to Section 4.1 at any time shall be determined according to the following schedule, based upon years of service: Years of Service Vested PercentaQe Less than 1 po 1 77.5% 2 850 3 92.5% 4 or more 100% (c) Contributions for Full-Time ReQUlar Emplovees Whose Date of Emplovment is After June 30 1986. In the case of a Participant who is a. Full-Time Regular Employee whose date of employment with the Employer or the Recreation District is after June 30, 1986, such Participant's vested percentage in Employer contributions made on the Participant's behalf pursuant to Section 4.1 at any time shall be determined according to the following schedule, based upon the Participant's years of service: Years of Service Vested PercentaQe Less than 1 Oo I 20% 2 40% 3 . 600 4 80% 5 or more 1000 (d) Vesting for Contributions for 1Von Full Time Recrular Emplovees. The contribution made pursuant to Section 4.2 by or for any Participant who is not a Full-Time Regular Employee, whether -13- SAW152084140485.4 the contributions are made by the Participant or by the Employer, shall be fully vested and nonforfeitable for all purposes. (e) Lay-Off. Notwithstanding the schedules of vesting set forth in paragraphs (b) and (c) above, i3ny employee who is laid off by the Employer prior to the time at wYiich he has completed at least one year of service, such employee shall be considered to have one year of service for vesting pu.rposes at the time he terminates employment as a result of such lay off. (f) Death or Attainment of Normal Retirement Age. The vested percentage of a Participant shall be 100i in the event the Farticipant dies or attains his or her norrrial riatirement age while still employed by the Employer. (g) F'orfeitable Interests. Any portion of the interest of a Participant which shall not have beczome vested shall be a forfeitable interest. A forfeiture shall (:)ccux- on the earlier of . the distribution of the vested account balanc:e of the Employer Contributions Account or Break in Service. All forfsitures, including earnings thereon, shall be appliec3 to pay the expenses of the Plan and Trust and if any forfeitures remain after paying such expenses, such remaining forfeitures shall be applied to reduce any subsequent contribution of the Employer as determined by the Retirement Board. Section 5.6 Determination of Years of Slervice for Vestin~c Purposes. In determining a Participant's years of service for vesting purposes, all of the Participant's service wit:h the Employer and Recreation District shall be taken into account subject to the following limitations: (a) A Year of Service for vesting purposes means a twelve (12) consecutive monthly period en.ding on an Employmerit Anniversary Date during which the employee is a Full-Time Regular Employee throughout such twelve-month perioci and is employed on the Employment Anniversary Date. Notwithstanding 1=he foregoing, any employee who is laid off or is terminated by the Employer prior to the time at which he has completed at least onE. Year of Service, such employee shall be considered to have one Year of Service fcar vesting purposes at the time he terminates employment as a resul.t of such lay off or termination. (b) If a Participant incurs a Break in Service, serviCe prior to such Break in Service shall be courited in determining the Participant's vested interest in Employer contributions made after he returns to the employ of the Emplover. -14- SAW~52084\90485.4 I (c) Al1 service with the Recreation District shall be counted for vesting purposes as if it were service with the Employer. Section 5.7 Leaves of Absence• Militarv Service. A leave of absence not in excess of one year granted by the Employer for purposes other than military service shall not be considered as a Break in Service or a termination of employment. The Empl~oyer may, from time to time, extend such leave of absence for additional periods of not in excess of one year each in accordance with the personnel rules and regulations of the Employer. Any employee or Participant who has entered or enters the Armed Forces of the United States shall be presumed to be on a leave of absence, regardless of the length of such service, and such leave of absence shall not be considered as a Break in Service or a termination of employment, provided such leave is in compliance with the personnel rules and regulations of the Employer. A Participant shall not be credited with service during any period during which he is on a leave of absence or in military service, as provided above unless he receives or is entitled to receive compensation from the Employer for such period. Section 5.8 Vestin U on Termination of Plan or Discontinuance of Contributions to the Plan. Upon the termination, or partial termination, of the Plan or the complete discontinuance of contributions under the Plan to the Trust, the interests of all affected employees shall become fully and completely vested and non-forfeitable for all purposes. ARTICLE VI RETIREMENT DATE DETERMINATION OF BENEFICIARY Section 6.1 Retirement Date. The normal retirement age for each Participant shall be sixty (60) years. An employee may elect to retire voluntarily after attaining the age of fifty (50) years, provided the Participant has completed four (4) Years of Service (as determined pursuant to Section 2.16) prior to such retirement. A Participant shall be entitled to retire voluntarily on or after the Participant's normal retirement date. Until actual retirement, a Participant shall continue to participate in the Plan. Section 6.2 Determination of Beneficiary. -15- SAW\5208414048.5.4 (a) Desianation of Beneficiaries. A Participant shall have the right to designate a beneficiary ar beneficiaries and one or more contingent beneficiaries to reciaive the Participant's interest in the Trust Fund upon his death, such designation to be made on the form prescribed by and delivered to the Retirement Board. The Participant shall have the riqht t.o change or revoke any such designation from time to time by filing a new designation or notice of revocation with the Retirement Board, and no notice to any benef iciary nor consent by any benef iciziry shall be required to effect any such change or revocation. (b) Determination of Beneficia.rv lahen There is no Designated Beneficiary. If a Participant :ahall fail to designate a beneficiary before the Participant's death, or if all designated beneficiaries or contingent beneficiaries should die, cease to exist or disclaim their interests prior to distribution, the Retirement Board shall pay the Participant',s interest in the Trust Fund to the Participant's surviving spouse:, if any, or if none, then to the personal.representative of the Participant's estate. If, however, no personal representative sha11 have been appointed, and the actual notice thereof given to the F;etirement Board withi.n one hundred twenty (12 0) days af ter the Partic:ipant' s death, the Retirement Board may pay the Participant's interest to such persc:: or persons as may be entitled thereto under the laws of the state where such Participant resides at the date of the Participant's death, and in such.case, the Retirement Board may require such proof of r~-:Tht or indemnity from such person or ^ersons as the Retirement Board may deem necessary. (c) Insurance Policies. The beneficiary of any insurance contract on a Participant's life shall be determined and designated as provided in the Trust. Agre~ement established in conjunction with this Plan. ARTICLE VII DISTRIBUTION FROM TRUST FUND Section 7.1 When Interests Become Distributable and Effect- Thereof . When a Participant dies, suffers total disak>ility, retires or terminates his or her employment for any other reason, the .Participant's vested interest in the Trust Fund sYiall thereupon become distributable as hereinafter provicied in this Article. Distribution shall not be permitted prior to the occurrence of one of the foregoing events other than to comply with the distribution commencement date requirements of Section 7.4 or to comply with a qualified domestic relations order pursuant to Section 7.9(b). -16,- - SARM52084\90485.4 Section 7.2 Notification of Trustee and Transfer of Interest to SegreQated Account. (a) Notification of Trustee. As soon as possible after a Participant's vested interest shall have become distributable, the Retirement Board will determine the Participant's address, the amount of the Participant's vested interest which has become distributable, the reason for its having become distributable and the manner of distribution in accordance with the Plan. (b) Transfer, to SegreQated Account. The Retirement Board.-may transfer a Participant's distributable interest from the general Trust Fund into a segregated account within the Trust Fund to the credit of such Participant. If such interest is not transferred, the Retirement Board shall make such distribution, in cash or in kind, directly from the general Trust Fund. (c) SeQreQated Account for Participants Who Attain the Aqe of Fifty (50). when a Participant who has a one hundred percent (1000) vested interest in his or her Employer Contribution Account attains the age of fifty (50), he shall have the option to direct the Retirement Board to establish a segregated account within the Trust Fund to which will be allocated the entire balance to the Participant's credit attributable to both employee and Employer contributions. Such option.shall be exercised by a written election filed with the Retirement Board at Teast three (3) months in advance of the date on which the segregation will take place. Once such an election has been filed, it shall be irrevocable and all future contributions to the Plan shall be made to such segregated account. The assets of the segregated account attributable to the employee and the Employer contributions will be invested as provided in subparagraph (d) below. (d) Investment of Searegated Account. Any segregated account maintained for a Participant's interest shall be invested by the Retirement Board in any one or more of the investments - authorized in the Trust Agreement. Notwithstandin!~ any other provisions of this Plan, the segregated account of a Participant shall alone participate in the income, gains or losses of the property so segregated and alone shall be liable upon contracts made for its benefit or liabilities arising from the investment of such account. Any expenses resulting from the investments made for the benefit of such account shall be borne solely by such Participant's account, unless otherwise determined by the Retirement Board. Anticipated earnings or interest on any such investments shall be taken into account in determining the amount of the equal installments to be paid to the Participant or the Participant's beneficiary. Section 7.3 Time of Distribution. -17- SAW\5208414Q485.4 (a) Distribution Upon Retirement oz- Disabilitv. If a Participant retires on, or after the Participant' s normal retirement age or becomes totally disabled, his interest shall be distribu- table commencing no later than the earlier of sixty (60) days after the close of the Plan Year in which the Pa.rticipant's termination of employment occurs, or the reguired distribution commericement date set forth in Section 7.4, subject to the consent requirements of subsection (e) of this Section. (b) Distribution Upon Death. If a PaLrticipant.dies, the Participant's interest shall be distributable commencing no later . than sixty (60) 'days after the close of the Plan Year in which the Participant's death occurs. (c) Distribution Unon Other Termination of EmAlovment. If a Participant terminates his or her employtnent for any reasor other than retirement after attaining norma.l retirement age, disability or death, the Participant's interest shall be distributable commencing no later than si};ty (60) days after the Participant incurs a Break in Service, or, if later, withiri sixty (60) days after the regular valuation as of t:he end of the Plan Year is completed, subject to the co:nsent: requirements of subsection (e) of this Section. (d) Distribution of Participant's Int.erest in Employer's Contribution for Year of Termination. The vest:ed ir.terest of the Participant in the. Employer's contribution for the year of termination shall be distributed to the Pa:rticipant or his or her beneficiary as soon as practicable after the end of such year.by the allocation of such interest to the Parl=icipant's account. ' (e) Participant Consent and Deferz-al Election. No distribution under this Plan may be made to a Participant whose vested interest exceeds Three Thousand, Five Hundred Dollars ($3,500) prior to the later of the Participant's normal retirement age, or the Participant's sixty-second (62nd) biLrthday without the Participant's written consent. A Participzint may, elect, with the consent of the Retirement Board, to have t.he commencement of the Participant's benefit deferred until a dat_e 1<iter than the date specified in subsection (a), (b) or (c) oi= thi.s.Sec--ion 7.3, but in no event shall the commencement of distribution be later than the required distribution commencement date specified in Section 7.4. Any election under this subsecti.on ;shall be made by submitting to the Retirement Board a writter.i reqiuest, signed by the Participant which describes the benefit anci the date on which the payment of such benefit shall commence. (f) Distribution of a Participant's C:ontributions. Any other provision of this Section 7.3 t=o the contrary notwithstanding, a Participant, in the event of the termination of his or her employment for any reason, shall be e:ntitled to receiue -18- SAW\52084\90485.4 6 payment in one lump sum of his or her interest in the Trust Fund represented by the contributions actually made by him, provided he makes written demand therefor upon the Retirement Board. The earnings, gains and increases in -fair market value of the Participant's voluntary contributions account shall be distributed at the same time and in the same manner as the Participant's interest attributable to Employer contributions. Section 7.4 Re ired Distribution Commencement Date. Distribution of a Participant's interest must begin no later than April 1 of the calendar year following the calendar year in which takes place the later of the date the Participant attains the age of seventy and one-half (70-1/2) or the date the Participant retires. Section 7.5 Manner of Distribution. When a Participant's interest shall become distributable, the Participant shall elect the form and timin g of the distribu tion. The Participant shall determine the form of distribution by filing a written election with the Retirement Board. Distribution may be made in one or more of the following methods: (1) Lump Sum Distribution. The Participant's interest may be paid to the Participant or his or her beneficiary by the distribution of the total vested balance of the Participant's account in one lump sum. (2) Installments. The Par,ticipant's interest may be paid to the Participant or his or her beneficiary in substantially equal periodic installments (not more frequently than monthly). Such installments shall not extend over a period exceeding the Participant's or beneficiary's life expectancy. (3) Annuities. The Participant's interest may be distributed in the form of a straight-life annuity, an annuity with a term certain'of f ive ( 5), ten (10) or f if teen (15) years, or an annuity with a one-half (1/2) or two-thirds (2/3rds) survivor annuity, provided any such annuity contract shall be non- transferable with respect to such Participant. Section 7.6 Limitation on Duration of Pa ents. Whenever an amount becomes distributable to a Participant, such amount shall be distributed over a period not exceeding the longer of (i) the longer of the life or the life expectancy of the Participant, or (ii) the longer of the joint lives or the joint life expectancies of the Participant and an individual designated as a beneficiary by the Participant. To the extent distribution is made after the Participant attains the age of seventy and one-half -19- SAW152084140485.4 ~ (70-1/2), if not paid in a lump sum, the di.stribution must be made in substantially equal periodic installments at least annually over the period prescribed in.this subsection subjecr to acceleration of payment at the election of the Participan.t or beneficiary. The present value of the benefits payable sol.ely to the Participant under any elected method must exceed fifty percent (5011) of the total benefits payable to the Participant and his or her benefi- ciaries, unless distribution is in the form of' a qualified joint and survivor annuity. Section 7.7 Special Rules for Distrxbutions After the Participant's Death. (a) Distributions Commencinct l?rioz, to Death. If distribution of a Participant' s interest haci commenced prior to the Participant's death in accordance with Sect:ion 7.6, the remaining interest of the Participant shall be distributed at least as rapidly as under the method of distribution being used as of the date of the Participant' s deaci:... (b) Distributions Commencing Afiter Death. If distri- bution of a Participant's interest did not commence prior to the Participant's death, the entire interest of the Participant shall be distributed within five (5) years after the death of the Participant, provided that. a distribution commencing within one (1) year after the Participant's death to ar for the benefit of a designated beneficiary over the longer, of the life or the life expectancy of the designated beneficiary wi:ll be treated as having been distributed within such five (5) year period. If the surviving spouse of the Participant is the ctesignated beneficiary, distribution is not required to commence until the date on which the Participant would have attained the age of seventy and one-half (70-1/2) and if distribution had not commenced as of the date of. death of such surviving spouse, the provis:ions of this paraaraph shall be applied as if such spouse were the Participant. (c) Beneficiaries. If a Participant should die after receiving some part, but not all, of his or her account, the remaining balance thereof shall be distr_Lbuted to his or her beneficiary in manner determined pursuant tc> this Section 7.7. If the beneficiary of the Participant should die cease to exist or disclaim his or her interest prior to the comple:tion of distribu- tion of the Participant's interest, the z•emaining distribution shall be made to the contingent beneficiary designated by the Participant, if any. If any contingent be:neficiary should die, cease to exist or disclaim his or her interest, d:istribution of the remainder of the Participant's interest sha:Ll bE made to the next contingent berieficiary. In the event there i.s not a beneficiary or contingent beneficiary designated by the Partiripant to receive distribution of the Participant's interes;t, the Participant's interest shall be distributed in a manner cletermined pursuant to -20- SAW152084190485.4 O this Section 7.7 to the recipient determined pursuant to Article VI above. Section 7.8 Withdrawals. (a) Emplover Contributions. A Participant may not at any time withdraw any part of his or her interest in the Employer contributions and the earnings, losses and changes in the fair market value thereof. (b) Participant's Voluntarv Contributions. A Participant may request the withdrawal from his or her voluntary contributions account of any amount in such account, including earnings and funds in such account. A Participant desiring such a withdrawal shall file a written request with the Retirement Board stating the amount to be withdrawn. The Retirement Board shall then distribute the amount.requested to the Participant. The right to withdraw such contributions shall be available to all Participants in a non-discriminatory manner. Section 7.9 S endthrift Provisions. (a) In General. Except as otherwise provided hereunder, all amounts payable hereunder by the Retirement Board shall be paid only to the person or persons entitled thereto, and all such . payments shall be paid directly into the hands of such person or persons and not into the hands of any other person or corporation whatsoever except for transfers to other qualified retirement plans or individual retirement accounts at the written direction of a Participant, and such payments shall not be liable for the debts, contracts or engagements of any such person or persons, or taken in execution by attachment or garnishment or by any other legal or equitable proceedings; nor shall any such person or persons have any right to alienate, anticipate, commute, pledge, encumber or assign any such payments or the benefits, proceeds or avails thereof; provided that nothing herein shall affect, restrict or abridge any right of setoff, lien or security interest which the Trust may have in the Participant's interest as a result of its use as security for a Participant loan to such Participant. (b) Qualified Domestic Relations Order. Paragraph (a) of this Section shall not apply to the creation, assignment or recognition of a right to any benefit payable with respect to a Participant pursuant to a Qualified Domestic Relations Order under Code Section 414(p), Distribution may be made pursuant to such a order at any time after the entry of such order. The Retirement Board shall establish such reasonable procedur..es as are necessary to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders. Section 7.10 Insurance Contracts. -21- SAW\52084190485.4 . If there.has been an investment in a life insurance contract for the benefit of any Participant w.hose interest becomes distributable for any reason other than cleath, such Participant may, subject to any limitation set forth e:lsewhere in this Plan, obtain an absolute assignment of any such :life insurance contract by informing the Retirement Board of the l?arti.cipant' s election. If the interest of a.Participant electing such an assignment is not one hundred percent (1001i) vested, the Par,~:icipant's vested interest shall first be satisfied out of the values of any such contracts, and if his or her total vested ir.iterest is less than the total values of such contracts, such Parti.cipant may obtain such assignment only by paying to the Retiremen{: Board an amount equal to the difference in the values of such contracts and his or her vested interest: If such election is not e:xercised within thirty (30) days after the termination of employmen.t; tlze Retirement Board shall cause such contract to be surrendered and shall add zhe proceeds of such surrender to the interest of the Participant. Section 7.11 Authorization of Loans; to Participants. (a) Availability of Loans. The Employer may permit Participant loans. Any such loan shall be made at the request of the Participant or beneficiary and shall be subject to the re- quirements set forth in this Section. To the ext:ent loans are made available, such loans shall be available t:o all Participants or beneficiaries on a reasonably equivalent ,ar_d :non-discriminatory basis. The Retirement Board may maintain a Participant Loan Policy, which may impose additional limitations, restrictions and requirements which the Retirement Board dete:rmines are necessary or appropriate provided such loans remain avai]_able on an equal, non- discriminatory basis to al1 Participants. (b) Limitation on Amount of Loans. Any loan, when combined with the principal balance due on aLll other loans made to the Participant by any qualified retir'ement plan.maintained by the Employer,'~shall not exceed the lesser of F'ifty Thousand Dollars ($50,000), reduced by the highest outstanding balance of such loans to the Participant during the one year period ending* on the day before the date a loan is made, or fifty, percent (50%) of such Participant's vested interest. (c) Repavment of Loans. Any loan must be repaid in substantially level amortized installments c>f principal and interest, payab_e at least quarterly over the term of the loan. Any loan shall be repaid within five (5) years unless such loan is for the purpose of the acquisition of a principal residence for the Participant. Such a loan for a residence must be repaid over a reasonable period of time. -22- SAW\52084\90485.4 C (d) Interest Rate. Participant loans shall bear a reasonable rate of interest, as determined under the Participant Loan Policy. (e) Securitv. All Participant loans shall be adequately secured. Fifty percent (50%) of the vested interest of the Participant in the Trust Fund shall be security for the repayment of such loan and the Retirement Board may require security in addition to the Participant'.s vested interest if it deems it necessary or if the Participant fails to consent to the use of his or her vested interest as security. (f) Default. Notwithstanding any other provision. of t.his Section, if a Participant loan made pursuant to this Section is in default, the Retirement Board may not foreclose upon the Par- ticipant's vested interest prior to termination of employment to satisfy such loan. Until a loan in default is satisfied, it shall continue to bear interest at the rate provided in the note plus additional interest of two percent (2%) per annum. Section 7.12 Hardship Distributions. (a) Procedure. In the event of an unforeseeable emergency, a Participant may request a withdrawal for Hardship by submitting a written request to the Retirement Board, accompanied by evidence that his or her f inancial condition warrants an advance release of funds and results from an unforeseeable emergency which is beyond the Participant's control. The Retirement Board shall review the request and determine whether payment of any such amount is justified. If payment is justified, the amount shall be limited to an amount reasonably needed to meet the emergency. The Retirement Board shall determine the amount and form of payment with payment to be made as soon as possible following approval. (b) Hardship Defined. "Hardship" means a severe financial setback of the Participant resulting from a sudden and unexpected illness or accident of the Participant or a dependent of the Participant, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances, arising from events beyond the Participant's control. Whether circumstances constitute an unforeseeable emergency depends on the facts of each case, but, in any case, payment may not be made to the extent that such hardship is or may be relieved: (1) through reimbursement or compensation by insurance or otherwise; (2) by liquidation of the Participant's assets, to the extent that liquidation itself would not cause severe £inancial. hardship; or -23- SAW152084\90485.4 : (3) by cessation of Voluntary Employee Contributions under the Plan. In the event hardship distributions <are made available, such distributions shall be available to a1:1 Paz•ticipants on a non- dis.criminatory basis. Section 7.13 Claims Procedures. Upon a Participant's termination of se:rvice with the Employer for any reason, the Participant or the Pa:rticipant's beneficiary . will be advised by the Retirement Board of his or her rights to benefits under the Plan. If at any time the Participant or the Participant's berieficiary feels that he or she is entitled to benefits, he or she may make a claim for benEBfits by writing a letter to the Retirement Board requesting the bESnefits and stating why he or she feels he or she is entitled 1_o them. If the claim for benefits under the PlaLn of any Participant or beneficiary has been denied, the Retireme:nt Board shall provide' adequate notice, in. writing, to such Participant or beneficiary within ninety (90) days after the claim is filed. Such notir_e shall set forth the specific reasons for such denial, specific reference to pertinent Plan provisions oiz which the denial is based, a description of any additional matierial or information necessary for the claimant to perfect his or her claims, if any, and an explanation of why such material or information is neces- sary, and . appropriate information as to the sti_ps to be. taken if the Participant or beneficiary wishes to submil: his or her claim. for review. If a notice of the denial of a clai.m is not furnished within ninety (90) days, the claim shall be deemed to be denied arid the claimant shall be permitted to submit his or her• claim fUr review at that time. Each claim submitted fcir review shall be entitled to a full and fair review by the F:etirement Board (or by a person designated by the Retirement Eoarcl) of all the facts and circumstances and the preliminary decision d.enyi:ng such claim. The Participant or beneficiary may request sucrti a review upon writte:n application, he or she may review pertinent docurnents and he or she may submit issues and comments in writing. .Any buch review must be requested within seventy-five (75) days of t:he original clai.m denial, and a decision on such claim shall be made not later than sixty (60) days after the Plan's receipt of such request. Th.e decision on review shall be in writing and shall include th.e specific reasons for the decision, written in a manner calculated to be understood by the claimant as well as specific references to. the pertinent Plan provisions on which the deci;sion is based. ARTICLE VIII CONTINUANCE, TERMINATION AND AMENDMENT-OF F'LAN AND TRUST Section 8.1 Continuance of Plan by SuccE=_ssor Government. -24- SAVV\5208419Q485.4 a A successor government may continue this Plan by proper action of its legislative body by exe.cuting a proper supplemental agreement to this Plan and by executing a proper supplemental agreement to the Trust Agreement established in conjunction with this Plan with the Trustee. All Participants in this Plan shall have those rights and obligations they had under the previous government. Section 8.2 Distribution of Trust Fund on Termination of Plan. If the Plan shall, at any time, be terminated by the terms of this Article, the value of the interest of each respective Participant or beneficiary in the Trust Fund shall be vested in its entirety and non-forfeitable as of the date of the termination of the Plan. Upon the termination of the Plan, the Employer in its discretion may either terminate the Trust or continue the Trust in existence. If the Trust is then terminated, the assets of the Trust Fund shall be immediately distributed to the Participants or their beneficiaries in cash or in kind. If the Trust is continued, the assets shall be distributed to the Participants or their beneficiaries in accordance with the provisions of Article VII above. . Section .8.3 Amendment or Termination of Plan and Trust Aareement. (a) In General. The Employer may at any time and from time to time amend this Plan and the 'Trust Agreement established pursuant to this Plan, or terminate this Plan and the Trust Agreement established pursuant to this Plan. In addition, no amendment may be made.at any time which diverts the Trust Fund to purposes other than for the exclusive benefit of the Participants and their beneficiaries, and provided further that no amendment shall discriminate in favor of Employees who are partners, officers or Highly Compensated Employees. All amendments shall be in writing. (b) Lecral Requirements. Notwithstanding anything herein to the contrary, however, the Plan and Trust Agreement may be amended at any time and from time to time, if necessary, to conform to the provisions and requirements of the federal Internal Revenue Code or any amendments thereto, or regulations or rulings issued pursuant thereto, and the provisions and requirements of the Employee Retirement Income Security Act of 1974, as amended, and no such amendment shall be considered prejudicial to the interest of any Participant or beneficiary hereunder. (c) Vesting Schedule. No amendment shall decrease the percentage of the interest of any Participant which shall theretofore have become vested. -25- - SAVV\52084\40485.4 . ARTICLE IX MISCELLANEOUS Section 9.1 Transfers Between Oualifieci Plans. (1) In General. The Retirement Boaz-d is authorized to receive and add to the interest of ariy Participant, the Participant's vested interest in the asset:s held under any other qualified employee retirement plan or indivi.dual retirement account if such transfer satisfies the requirements under law for transfers between.qualified plans or rollover contributicins. In such event r-he assets so received shall be fully vested ar.id shall be held in a separate account and shall be admini:stered and distributed pursuant to the provisions of this Plan and. Trust concerniizg Employer contributioris. The Retirement Boax-d is also authorized at the request of the Participant to transi_er ;such Participant's vested interest which has become distributable under Article VZI hereof, directly to another qualified plan or an, Individual Retirement Account for the benefit of suchL Participant, provided such transfer satisfies the requirement:, under law for such transfers. (2) For Distributions Made on or after January l, 1993. Notwithstanding any provision of the plan to the contrary thEtt would otherwise limit a distributee's elect:ion uinder this Section, a distributee may elect, at the time and ir.i the manner prescribed by the Retirement Board, to have any portian of an eligibl.e rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rallover. (3) Definitions. (a) Elictible Rollover Distribut.ion. An eligibl.e rollover distribution is any distribution o:E all. cr any portion af the balance to the credit of the distributee, except that a.n eligible rollover distribution does not include: any distribution that is one of a series of substantially equal pe.riod payments (nat less frequently than annually) made foi- th.e life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distri]butee's designated beneficiary, or for a specified period of ten years or more; an.y distribution to the extent such distribution is required under section 401(a) (9) of the Code; and the porti.on of any distributian that is not includible in gross income (determiized without regard to the exclusion for net unrealized apprec:iation with respect to employer securities). (b) Elicrible Retirement Plaiz. An eligible retire- ment plan is an individual retirement accour.Lt described in section 408(a) of the Code, an individual retirement anizuity described in -26- SAVV\52084\90485.4 , section 408(b) of the Code, an annuity plan described in section 403(a) of the Code, or a qualified trust described in section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible roll- over distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (c) Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in section 414 (p) of the Code, are distributees with regard to the interest of the spouse or former spouse. (d) Direct.Rollover. A direct rollover is a pay- ment by the pl.an to the eligible retirement plan specified by the distributee. Section 9.2 Benefits to be Provided Solel from the Trust Fund. All benefits payable under this Plan shall be paid or provided for solely from the Trust Fund, and the Employer assumes no liability or responsibility therefor. Section 9.3 Notices from Partici ants to be Filed with Retirement Board. Whenever provision is made herein that a Participant may exercise any option or election or designate any beneficiary, the action of each.Participant shall be evidenced by a written notice thereof signed by the Participant on a form, if any, furnished by the Retirement Board for such purpose and filed with the Retirement Board, which shall not be effective until received by the Retirement Board. Section 9.4 Acrent for Service of Process. The agent for service of process for the Plan shall be the Retirement Board unless a different agent shall be designated by the Employer. The agent and the agent's address shall be set forth in the Summary Plan Description distributed to the Participants. Section 9.5 Text to Control. The headings of Articles and Sections are included solely for convenience of reference. If there shall be any conflict between such headings and the text of this Plan, the text shall control. -27- SAW152084\40485.4 : Section 9.6 Law GoverninQ and Severabilitv. This .Plan shall be construed, regulateci and administered under the laws of the State of Colorado. A11 contributions received by the Trustee hereunder shall be deemed to haire been received in that state. In the event any provision of ttiis Plan shall be held illegal or invalid for any reason, said i].lega.lity or invalidity shall not affect the remaining provisions hereof. On =he contrary, such remaining provisions shall be fully sieverable and this Plan shal.l be construed and enforced as if saiid illegal or invalid provisions had never been inserted herein. Section 9.7 Employer's Obligations„ The adoption and continuance of the P]_an shall not be deemed to constitute a contract between the Employer and any employee or Participant, nor to be a consideration for, or an inducement or condition of, the employment of any pex-son. Nothing herein contained shall be deemed to give any employee or Participant the right to be retained in the employ of the Ernployer or to interfer.e with the right of the Employer to disctiarge: any employee or Participant at any time, nor shall it be deemed to.give the Employer the right to require the employee o:r Participant to remain in its employ nor shall it interfere with the right of any employee or Participant to terminate his or her employme:nt at any time. The Employer shall not incur any liability whatsoever to the Trust Fund, or any Participants or their beneficiaries, or the Trustee, or any other person for anything done or omitted by the Trustee or for the loss or depreciation, iiz whc>le or in part, of the Trust Fund. Section 9.8 Plan for Exclusive Benefit of Participants_L Reversion Prohibited. This Plan has been.entered into for the exclusive benefit of the Participants and their beneficiaries. Under no circumstances shall any funds contributed to or held by th.e Triustee hereunder at any time revert to or be used by or enjoyed by the Employer nor shall any such funds or assets at any time :be used other than for the exclusive benefit of the Participants o:r the:ir beneficiaries, subject to the provisions concerning the retiirn of certain Employer contributioris. -28- SAW1520&4\90485.4 J Y IN WITNESS WHEREOF, this restated Plan has been adopted day of , 19 TOWN OF VAIL EMPLOYEES' PENSION PLAN By: EMPLOYER -29- SAW152084190485.4 k' ~ ~ + ORDINANCE N0. 29 Series of 1994 AN ORDIAiANCE ADOPTIATG A PiEW TRUST AGREEMEPIT PURSUAN!' TO TOWN OF VAIL POLICE AND FIRE EMPLOYEES' PENSION PLAN AND SETTING FORTH DETAILS IN REGARD THERETO. wHEREAS, the Town of Vail has adopted a Trust Agreement pursuant to the Town of Vail Employees' Police and Firemen's Pension Plan, the effective date of which was January l, 1983; and wHEREAS, the Town Council wishes to adopt a new Trust Agreement which sets forth the details of implementing the Town's Pension Plan. NOW, THEREFORE, BE IT ORDAINED BY TIiE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town of Vail Police and Fire Employees' Pension Plan Trust Agreement which is attached hereto and incorporated herein by reference is hereby approved by the Town Council of the Town of vail. 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 remaininq portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof,, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3... The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision . of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affecc any riqht 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 oi superseded unless expressly stated herein. 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, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this day of , 1994, and a public hearing shall be held on this Ordinance on the day of , 1994 at 7:30 P.M. in the Council Chambers of the vail Municipal Building, Vail, Colorado. Ordered published in full this day of ~ 1994. Margaret A. Osterfoss, Mayor - ` ATTEST: Holly L. McCutcheon, Town Clerk INTRODUCED, READ AND APPROVED ON SE:COND READING AND ORDERED PUBLISHED this day of , 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk b , lllii177ti 1C•4G UUKSUI.I'l ~ f~1KU1J ,j6,j ~'-~8 ~1"j F.Oj . . ~ ~ - - TDWDT OF iIA~IPO%%CE AND F°YItE EAZPLOYEES' PBU9IO1V TRUST THIS AGREEMENT AND DECLARATICON 0F T12UST effective the day of, , 1994, herein restatee the Trust Agreement Pursuant. to Town o Vail Police and lFi.re Emplayees' Pension Plaxl dated the 20th day of Septembcr, 1983. A1EtTYGLE I ESTABLYSF~N~ b~ T PurmDgLg of Aareement , ,xni;s Trtast Agreement is entered irito for the purpose of ampl.ementang 'tkae Toevga of Vail Police and Fire Employeed' Pension Plan and shaLl be knowra as tkae 7Coway of Vail Police and )Fa.re Empleyees' Pension Trast. • . . 90~tlou 1.2 1'ru t Furicl . Al1 sums contributed to this Trust by the Employer together wi$h al1 other property and accruals thereftom which may hereafter becom~ subject to thie Trust, ahall.constitute the trust es,tate (kaeroi~na£tes referred to as the °Trtast FundR) . ~~~t"a 1.3 De~ani.tions, . Al1 terms nat defined in this Taust Agreement shall have, the meaaain au defiraed in the To~rra of i1axl Police and k'xre Employees' ~onsian Plan dated the day of ~ 1994. 8ec4tian 1.4 Retirement Zoard. , . T&~e Retgrement Boascd means the Txueteeg appointed pursuant to'Arstacle i7%% herein. , . MTTCLE II RAY. ~YWJJS U i'gIE RETIRFsIKM BOA1FtD AND THE ENIPL61ER i. se6tion 2.1 General Duties of the R,~s-grPment Board. It shall be the duty of the Retirement Board to hold the fuaade frOm tame to ta.me received by it fram the Employer, to manage, anve t and refnvest such £unds and the ineome therefrQm purauant to; the pgoviexons hereinafter eet forth, without da..sta.aaction betweean principal aaad income, and to make paymants therefrom. The Retirement Board, shad.~. be responsible only for such sums as sk?all actually bc received by iL• as Trustee, and it shall . sswuaoasi9272s.a ' ; 11%11/1774 12-40 60K51Jl,t-1 6. K1R6 15 .]03 2130 021J r.03 c t I t t. _ I 'n , I . not be the dur4y of the Retirement Haard tv ca].3.eCt aay sum from the ~player . ~ ~ ~ Further, the duties of the Re:tirement Board shall include, but 'are not limited to, determinat;ion of benefits and ' eligibility; ~uthorization.of benefiC payment.s azid payrnent of any expense& a.nc}trred in the • administration of t;he Plan. The . Retix'ement Sr3ard may employ such consultante and advisor:. or allocate guCh` of i.tis duties to emplayees of Emplcayer •as it aeems neceseary or deei.xable for aarrying out its diatiesi under the Plaxa. secLion .2 General ' f tY:eEm1o r. It Ohall be the duty of the bliaploye:r to pay over tio , the Retirement Haard Erom time ta time such contributions as me,,•- be made by the. 'Flmployer and to keep accurate booke and records with rs8pect ta it~ emplayees. . ~ ~ AR.TJCLE 1I ;L „ POWERB AND `DUTSTS OF THE RETIR.$MENT BOARD IN ~[E INVESTMEYdT.. AI?MINISTRATION AND DISBIIRSEMENT OF TIIE TRUBT FDND ~ aCtIOn ' ment o r anc~ Duties of 1he TYie; Reti.rement Board shall.have com;plete: discretion with respect to ali mattera concerning the investomnt of the assets -of ' the Truet F~nd subject to the direation and eontrol of the . Employer. The Retirernent. Board ahall periodically confer with the Employer canCerning truat inveatmenti perfox~nanc-e, program and philosophy. The, Retirement Board shall have the power to xnveat and/or reinvept any and all money or property of ariy descz'xpGion at any time he7.d by it and conatitutirig a part: of the Trust Fund, without previous applicativn to, or subsequent: rat:Lficatian of, any ` court, tribunal or commiaeion, or any federal or st:ate governmental ` agency, in aacordsnFe with the tollowing powE,rs: ~ ; SubjeCt to limitatians set forth i.n C.R.S. S 31-30-1012, the Retirement Baazd may investi in real praperty aind a.ll intereata therein, in bbnds, notee,_debenturee, mortgagea, codmmercial paper, savings accounte and certificatee of deposit= (inc].uding accounte and certificates in any bank which is a f'iduc;iazy), preferred stocks, cemmon stocks,,or ather securities, righte;, obligations or property, real or pereonal, including sharee or certificates vf participatio4: issued by regulatsd investment c:ampamies or regulated inveatment tr.usts, shares or units of pazticipatiio:n in common truat funds, hedge funds, pooled funde in income and invEastment funds, or deposit adml.nistration contracte maintained by quz?1.if ied insurance companies or similar financial inetitutiana, and in life insurance contracts. Yn making investments or reinveatment., the RetiremenlE sawU20iat92128.1 - 2 - • e 11/11~1774 iG~47 VUKJUI,fi ~ h1hu1J JYJJ G7~ b~1J r.~J 1 , Boax'd ahall exerciae the care, akill, prudence arad dili.gence uncier the cigcumstaracc:a then pravailing that a prurlent man, aeting in g like capacity; aaad fanaliar with such matters, would use in the , coaaduct of an eaaterprise of a like chaxacter with like aims. g'he Retirement Board ehall clivereify ttae inveatmente of the Trust fund so as to• mirlimize the risk df large lassee, unless uncier Che cbgcumstances, it a~~ clearly nat prudQnt• to de sa . S.=ri4n,2 Aelrninietrative Powers and Dutiea of The Retirement Board shall have the power tv do any cf the followiraga (a) ' Ta ae11, exehange, convey, transfer asc dfepose of, and alsa to grarit opta.ons wath reepect ta, any property, whether • rea1 or pereonal, at any ta.me held by it and any sale may be made by private contract or by publac auat3an, and for caiah or upon ereda.t, or partly £or. caah and partly upon credit, as the Retasemesat Board may deem best, and no persan dealing witka the Retarement Board sha11 be bourad to eee ta the application •of the purchase anoaaey or to iaaqubse into the va13dity? expediency or prop~~ty of a*y such eale or other dispositaono (b) To acq.iisee, hold and diepc»e of any real or pereonal pgoperty at such tgme, in suah manner and upon euch terme, inaluda.ag comtnatYnents to puscchaeo aver a periad af one ,*or more years, as the Retbremezit Soard may deem advi.sable, and to exchange a11 or any patt o£ suCh real or peraonal pxoperty for other real or pessoaaal propGgty,' upon such teras aaad conditi.oas a9 the Retixement Boagd deeme propero (e) To - retain, manage, operate, repair, remove, ' partition, mortgage or lease gor any term or terns of yeare any real properCy coaastitta~ing a part of the Trust Fund, using dther Trust aaaets for any o£ euch purpases a.f daemed advisable. (d) .To eompromise, compound and settle azay debt or oblbgativn due to or from them as the Itetiremeaat -Board and to reduce -the rate of interest on, to cxtiend or othex-vaise cnodify, or to foreclose upon default or otherwise eaaforce or act wath respeet to any guch obligation. (e) To vote, gn person or by general or limited proxy, I any BtOCDCt7 or other 8eaurita.es at any time held fn the Trust Fund, at any meeting of stockholders or eecuxity halders, in respect to angr busiaaess -whbch may come before the meeting; to exeraiae any optians appurtenanse to any etocks, bonds or other.aecurities for the conversion tYaereog into other stacks, bonds or securities; to eatercaoe or sell any converaion or subscriptiota xights appuxtenant to any stocki, bonds vz other securities at any time held in i.he • Trust Fu11ci, and to make any and all necessary paymerate• therefox; to join bga, and. to approve, or to dissent from and to oppose, any snWnszasaI9272a. 1 - 3 - 11/ 111774 lc~ ~e~ uur~~U~,n a, h~KUi~ 3k~i 29ti 6215 P. 6b a . i corporate act or praceeding, including any revrganization, recapital.ization, consolidation, merger, diasolutian, liquidation, sale of aseets or other action by or lan in respect of cozporations, the stocka or securities of which may at any time be held in the Trust Fund; ta deposit with any cammittee or depoaitary, pursuant to any plan or agreEtment of prQtection, . rearganixatii.on, coneolidation, sale, merger, c>r other xeadjustment, any property held in*the Trust FundJ and to make payment fram the . Truat Fund of'any charges ar assesaments impeeed by the termg of any such plan or agreement. . (f) To accept and hold any securities or other propertiy received by it under the provisions af any o:E the subdivisions of this Secti.on, whether or not the Retirement Board wouYd be authorized hereunder to invest therein, wi.th the exceptiion of securitiep of the Employer. (g) To borrow or raise monieo for the purpases of tY:~ Trust to the extent that the Retirement Boaxd ahall deem desirable and tor any sums so borrowed or advanced ta isaue ito promieaaz-y noCe as Retirement Board and to secure i'epnyment thereof by . pledging any part of the Tiust Fund; and no pe:raon loaning money to the Rstirement Soard ahall be bound to see 1.o th.e appliGarian of the money lpaned or to inquire intio the vaJlidity, expediency or property of any auch borrowing. (h) To enforce any right, obligation or elaim in itd discretion and.in genersl to.pratect in.any may the intereata of the Trust Fund, either before or after defaLul.t, and in caae the Retirement Board shal]., in its discretion, comsider such action far ' • the beet inCereat oE the Fund, to abstain from the enforcement of any right, ob7.igation or claim and to abandon any pxoperLy, whether ~ real or personal, which at any time may be h.eld by the Retirement Board. (i) To make, execute, acknow].edge and deliver any and ' . all deeds, leasee, aesignmenta, transfers, conveyances and any and all other instrumante neceesary or appropxi.ate to carry out any powers herein granted. . ~ (j) To .cause any investrnents frottt time. to ;:ime held by it hereunder to be regietered in, or transfe:rred.into, its name as Retirement Board or the name of its nominee or nominees, with or withaut .devignation o£ fiduciary capacitlr, or to retain any investments unregietered or in form pei-mitting transfex' by • dslivery, but the books and recorda of the Ftetxrement Board ehall at all timea ehvw that all auch i.nvestments are part of tbe Truat Fund. ik? To retain a portion of the: Trusti Fund in cash temporaxily awa,i.ting investment withouti liability for' intereet thexean and ta retain in cash wi.thout liability f4r interest thereon sa lnuch of the Truat I'und as the Retirement Board may deem 3AW152M?e2728a - 9 - I I i p 11~11~ 1774 i2~ ~1 GukSu~:,ri ~ KiKU15 :~i 258 021~ F.0 i , A advaeab].e for the purpose af ineeting con4:emplated payments undex the plaga o (1) To disclose the txust wtaeaa the Ytetirement Board° s ficiuciary capaca.ty so x-eqabreea (m) To pay the following: any amount due oxa any loan or advance enade to tYae Txuat Fuxad; all tasees of any nature 1evied, . assesse'd or imposed upora the Trust Fund; and a].l reasonable expenses and attoa°neys' fees necedaarily ineurred by tkse Retiremeat Board with respect to asny of the ¢ollowing matters, to tihe exteraC nat paic3 by the Employeg. (n) To do all aets which the Retirementi Board may deem neceseary ot proper and to exerciae any and all the pawers of tkae Regiremea2t Board ixpon such texrae and cenditions as the Retiremerat Boacd may doem to be in the best interests Of the Tnxst Fund. (o) To defend any suit ar legal proceedi.ngs againBt the Trust arid the Re ca.rement Board may sue ox bring legal proceedings agaa.nst any'party er parties, compramise, submit to arba.tratiQn, or settle any suiG or legal pxoceeeling, claim, debto damage eac undertaei.ng, ciue or ovuing from ar to the Txust k'und, in the administration of the Fund, the Retbretttent Baarct skaa11 not be obls.gated to take any action which would subject tkaem to any expenee or laabi.].s.ty 'ucalees they be firet indemnified in an amAUnt aaad in tkae mazinex sataefactory ta the Retirement Board or tio be fusnished with f=ds sufficierat, in the sole judgement of the Retireenent Board, to covex such expegasesa . 3_{..ign 3.3 1=s~men4 in Cooief.5 run-d a E1otr+azthetandbng any other provieions of thi-s Agreement, the Retarement Baard may cauee any part af the money or pXaperGy of this Trust Fund to be commingled with the maney or propexty of trusCs created by Othez's by causang suah aesets to be invested aa a part of orae or more o£ tkae Funds created by any Declaration vf Trust of any bank under which iEunds from other retizement, pro£it- sharingt, etock bonus vr other truste which. axe exernpt from federal incame taxari.on und4g the zntelcnal Itevenuc Code are held, and monegr or psopexty of this Trust Fund so added to ane dr mare of aaid, . Funds at asay tbme sha11 be subject to al.l of the, provisions af said Deelaratiera og Trast as amended frorn tbme to time, anel said Deel.aratiore of Ta~ast is cnade a part of thia Agreement. ction--3, 4 - Emplo ent of Acte ts and Advisork. The Retirement Board, at tlze e3epetaee of the Trust Fund, may from ta,me tc time employ attarneyr., accauntants, agents, iraeegtment.ac3visars or investment couxaselors and delegate to such persons ox organizations administrative and clerical duties with respect to the Trust ar Truat assets wittavut liability for any neglect, omiesion, misGOnduct or ciefault of any auch person or savns2oM927n.1 -5 - ~ 11~ lii 177=+ ic~ Ji uuK.)U~,n b' K1KU1J JI~J G7ci YJG1J r. ~JO , . / • ~ : oxganizatian,• provided that such person or organization was pelecCed and setained with reagonable caXe, unless the Retirement Board would otherwise be liable in acaordiance with Section 4,5 hereaf . The Retirement Board ahall al.so haire the power to employ an inveatment manager and to del.egate to such inwestment manager the power and.diaoxetian to manage a].1 or pa.z't of the adsets ot Lhe Tzust, and the Retirement Board shall be without liability for any neglect, amisoion, mieconduct 4r default of such investment manager, providad that such investment manager was eelected and retained with. reasonable care and prudence, ggnrion 3.5 Third Parties Deiai ing wi hRetirement B!2$rd• Thi.rd partias dealirig with the ltet9;reme;nt Board dhall not be requixEd to make any inquil'Y as to whethez: or nat th eemenr~mbut Board hae aomplied with the requirementa a~f th:is Agr ehall be held harmless in relying upon t3ie ce:rtxf icate of the y propoaed action. ; Retirement Board that it has authoritiy to ta1:e an, Seg ion 3. 6 Powe s a d Du ies co f Retire erat Baard and_ Disburaeme_rLt ef Trust Fu d. The Retiremsnt Board ehall make 13ayment from the Trust Fund ta such pexeons, in such manner, at such times and in such amounta as: it deems aecesaaxy in accordance lwith the P1an and Trust Agreement. a=p +-i o 3 7 No -Alien tio.n_of_Be --it.a • • The Truat shall not in any manu1ex be liable for, 9Y• subjeat to, .the debts or liabilities of sny Participant, rek.ired PaXticipanti, beaef iaiary or contingent ben~ef ic~.ary.- No right or beneflt undex tihe Plan shall be subjecti at ariy time, or ~n~ag~y ma~c~ner - to alienation, sa1e, transfer, assignmex~t, pkind, enCUmbrance, charge, garnishment, executio,n or levY of areCeived either voluntary or involuntary, prior to Eictual]:y bein4 by the pergQn entitled to the benefit unde e w govez~n~nlairi If Che tertns of thie Section az~e contrary •i.°o tihe a g a par* icul,ar cixcumetanGe, any such paymen.t sha11 be exempt from such '-aw to the maximum extent pennitted b;f sueh law. AR.TI CLE_IV I IST TIVE POWER DUTZ9 R . o Genera ie a d Paw rs ot m' i r • The ' Retirement Board shall be cl].a dcide ali adminiptrAt~.on o f t his Pla n a n d T r u s t a n d sha questions arisi.ng in ..the adminiatratiion, :intexpretiation and snWWW9272e_ t - 6 - y li/ t1/1774 lc~_)c uuKSU(_~h 6 K1KU15 298 0215 P.05 I ~ agplication of the Plan and Trust Agreement, incl'uding a11 qa~~tiogas rel~tigag to tkae eligibili.ty, veptirng and distribution. fihe. 13eCirement Hoard may fxom time to. tame eBtabliah • reapenable prQCedures, rules and regulations for the adminietration Af the Plaa and Truet as it may deem desi.rabLe and s?ich pracedures, rules, and regulats.ons shall be binditag oga all employees, PagtaCipasats, former employees asad benegiciaries. All praceduree, rulea, regulations axid reports shall be uniformly ancl consistently applied to al1 Partiicipants arad benegiciariea in similar caraun?stancesa sgq ion 2 Allecation of Fiducia~ Itesnansi i].it.y. The Retgrement Board may, but shall not be required to, allocate the fidracaary duties and reBponBibi]-ities uaider the Plan and Tx1ast between and amang the named and acting P1an fiduciara.es, . subject to the psoviaaons of Part 4 af Subtitle B of Ta,tle I of BRXSA. Segtian 4.3 RecArds and aenorkge The iteta.remeaat Board shall keep or catzse to be kept all • ' suCh books-of account, records and other data as msy be necessaxy or adviaabLC: in its judgment for the administratian of thic Plan and Trust, to properly reflect tlae affairs thereof, to determiaaa , the amount o£. vested andjar fcrfeitable interests of the respectiee Particgpants i.ra the Txuat Fund, and the amount of all benef i.ts hereunder. As a part thereaf, , it shall maa.ntai.n or cause to be maintained separate accounts £or Paxticipants pravided for im Artic1e V. of the Plan. The Ret9.rement Board sha11 also prepare and file, or oause to be prepared and fi,led, al1 fedexal and atate reports and returns which may be requirecl by law and shall provic3e to the Pariticipants and their beneficiariee a11 notices, xeports and descript~~~s that raay be reqtaired by law ox' regulation. ~act on ~ 4 Tlae Retirgment BQard shall ps?y. aLl benef its fram the Trust Fund pursuaxat to the provisions of the Plan. qqctien 4.5 Ap~'i.ca~fo and Fdrm for Bene its. The Retirement Board rnay require a Parts.aipanti to coenplete antl file witka the Retirement Board an appla.cation fox a bene¢bt and all other forms approved by the Retirement Board and tv fv.rrish all..pertinant infoxmatgon xequested by the Employer. The Reta:rement BQard may rely upen all auch informativn so furniahed i.t, isacluding the Participanti's current maa].ing address. Seotio 4 6-- Clai~ma ProCeduxea. sA~sa~e~~~arax, l . - 7 - '11% 11~1774 1G~ JJ UUKJUI.t'~ ~ h1K615 Jr1J ~7C 1~15 r. 1~ I 1 . 1 • 1. i Upon a Participant' stermination iof servi.ce with the Employer tor any reason, the Parti.ci.pant o:r tihe Participant' s beneficiary will be advised by the Retirement Scard of hia or her : rights to benefits under the Plan. If at any time the Participant or the Participant' e benefiaxary feels tihat he or she is entitled to benefits,- he oX she may make a claim tar benef;ita by writing a • letter to the Retirement aaard requestiing the benefits and stating why he or she.fee].a he or ahe ie entitled to them. If the claim for benefits undez trie Plan af any Participant ar benefiaiary has been denied, the Retirernenti Board ohall provi.de adequate notice, in writing, tty such Participant or beneficiai^y wfthin ninety (90) days after the claim ie filed. Such notice gha11 et tarth the specific reasons for such denial, epecific reference to pertinent Plan pravisians on which the denial ia basEd, a deecription cf any additional materS.a.l or informaLtioa neceseary for the cl.aimant to pexfect his or, her claime, if any, and an exPlanaCion of why such maters.a], or information ia neceasary, and appropriate infdrmation as to the siteps to be taken if the Parti.cipanC or beneficiary wishes to submit his or her claim for review. If a notice of the denial of a claim is nat turnished within ninety (90) days, the claim ahall be d+:emed. to be denied and the claimaat ohall be permitted to submit 'his or her claim for review at thrit time. Each claim submitted far xevi.ew sba11 be entitled to a full a?nd Eair review by the Retirennent Board (or by a person deai,gnated by the RetiXement Board) of aill the factg and circumetanaes? and the pzeliminary deCision denyinc; such c7.aim. The Participant or beneticiazy mav zequeat such a reiriew upon written applicatioa, ha or ahe may rev:.aw pertinent documenta and he or she may aubmit igeues and comments .~n writing. Any atich xeview must be requested wi.thin seventy-five (75) days of thie origxnal claim denial, and a decieion on euch claim shall be made not later than sixty (60) day,s after the P].an's receipt of au.ch request. The decieion on review ahall be in writing and shall include tihe epecif ic reaaana for the decision, written iLn a manner calculatied to be undaretoad by the claimar.t as well as iapeci.fic refezences 'to the pertxnent Plan proviaions on which the ciaaiaion i.n based. 9ection 4 7-- Adva.ce of Counael.. The Retirement Board may cbnsult H!ith ]Legal- Gaunsel, wha may be counseY for the Employer, or a lega:L cou,nsel hired by the RetiXement, Board, with respect to the mean:Lng or aonst='uatiion of this Trust Agreement or the Retirement Board's ob3.igatior oz' duties hereundex, anc] shall be fully protected firom ainy respvnsibility wa.tih reapeat to any action takcn or omittie:d by it in good faith pursuant to the advice of aucb iegal counsel, provided such counsel was aelected and retained with reasonable c.are and prudence. SgctigjL_4 - - Standard_ Q_f Care. The Retirementi Baard shall discliarge its duties under this Agreement and the Plan for the exclusi've pu.rpage of providing _ SAVA52o6092712.1 - S - d iliiiily7~ 1c~J.~ GLfK5lll.l"I ~ YK1KU15 J1~J ~7ti F~~1J r.ll ~ . benefit$ to partaa~pants and their benefici.ara.es and defxays.ng reasonable expenses of administering t-he Plan vaitka the care, aki3.l, prudence and dgligence iander the circumetances t&aera prevab7.ing that a prudent maaa acting in a ls.ke capacity and famaliar with euch matters wou].d.use i.ga a eoaaduct of an enterprise of a 1a.lse claaract~r and uvith l.ilee: aimso - . SecjjIox? 4 LigLbilitv far Br~ach~g k'iduci~. Afiduciary sga,all eaot J~ ~~able ¢or the breach of fiduciary rsopaaasibglity vf another fidtaciary of the Plaaa or Trxst uniesso . . .(a) He partacipates kriowingly in, ox' k.nowingl.y undertakeB Co coaaceal, an act ar omission af sucta ather fa.duciar1r. . knowing staCh act or omissaon a.s a breach; or (b) %ie has enabled auch other fxduciary. to commlt a breach by 3ais ~ai].rare to discharge his ciuties to the P1an and °TrusC , sole].y an the: interept of tihe Participants and their bexaefica.ariea; or ' . (c) He gai1a to make reasoraable efgosts undex the carctametances to remedy a bseacka af auch ather fiduca.ary •of wkaich he ham know•ledge e ILCLE-V TAU8, EXPENSES MD COMP NSA'P ON 0F THE R 7.'TRE_MBNT BOA$D ' Sgcti,on E 1 Adminisrrar; nn =enaes and Compensa 9 on of t~e R~t ~.rem~mt l~o~rd . The Yeasonable expeneea incurred by tYe Retirement Saard Yn or as a ~esult of the per£o2manee of itg duties hereunder, including ~eaaonable feee and expenseg gor agency and legal sexvices xendeseed to the Retirement Board, feee of ariy investment managex or irivestment advisor for services to tlae Tnast, insurance premiume and such ccmpeneatioa to the Reta.rement Board ae may be ac,.greed upon. fgom ticne to time between the Employer and the Retirement Baard slaall be ckaargeable againet, and deductible fscom the Tru.st k'und, uralesa and until they are paid by the Empl.oyer. Notwithstandang the foregving, no individuab truatee who is also a full-time employee of the Employer ehall recexve compensativn for has services on the Retirement Board. ggct~an 5.2 - Taxes. • Any taxee which the Retirement Board is required to pay, including real and personal property L•axes, income taaces, transfer taxee and other taxes of any kind whatsaever that may under any exi.sting or future laws be aesesaed against ax levied upon dr in respect to the Trust Fund or its aasets, or any interest therein, 3awUWak92720.1 - 9 - il/ 11177~ 1G•?I UUKJU'.rI C' I, lICU1J JYJJ 270 YJG1J F. 1G , I ehall be chargeable again.5t and deductib].e from the Truet Fund. ~ The word "tdxes" in this Section shall. be cleeme-d tc include any . . interest or•penaltiee that may be levied or imposed in reapsct to any taxes. Axay expense incurred by the Reti.rement Board in contesting tbLe validity of suah taxes ehall a].so be chargeable against and deduCtible tram the Txust Fund. .glIcti1.o 5 3-- Educa ional Advancmen , It Yp deemed reasonable and prudent for Retirement Board to obtain educational advancement and expertise in all areas of . truet fund administration i.n order to provide and maintain the beat pogsible bonefitis to the trust fund participants and their . beneficiaxies.. Tn otder to aChieve such ed.uCational advancement and expertise, Retirement Board members may attend annual and/or regional meetings and/oz` seminars sponaoXed by I:he Internatianal Faundation df Employee Benefit Plans and/or aponsored by other . institutiona af higher lEarning. The Retix-emeiir Board attending such meeting or meetinge may be reimburaed fxom the Trust Fund for all reaeonable aad.necessary expenses aatually inGUrred by them, incluc]ing but nat limited to Xegistration feles, rntea].s, ladging and travel expense; provided, however, that reimbursenent of the Retirement Board member far such expense fiha1l first have been authorized by resolution of the Retirecnent Board adopted at any regular or s ecial meeting of the Retireme»t. Board priox Lo the incurrence o~ any euch expenae. P,R E VI AC OUNTS OF THE RETI8EMEN''_' BOARI) $ect on 6]. Accounte pf the •.,~;tiremie Boar . The Retirement Board sha11 maintain accurate and detailed recoriis and aecaunta of all investments, xe:ceipta, disbureements and other tXansactiong of the Truet. A1:L accauntis, books and recorde relating. to such transactions s11a11 be open ai: all reasonable times to inspection and audit Ily any person or persons deBignated by the Employer. Sectiion 6.2 Valm tiion ReAOrts. The Retirement Board shall aubmit ~~o the auditiare far the Empleyer and euch other persona as it may designate, guch valuations., reports or other information as such persons meLy ' reaeonab].y nequire. . ~ Sectiion 6.3 Periodic Reports. • ' The Ret iremer.t Board ehall file with the Employer, as soon as pos8ible aftier the close of each f'iscal year, a wriL•Len accounting setting forth a deecripti.on of aa.l eec:uritiee alid ather ~ sawWM%9272f,,: -10 - 11/ lli 1774 1~~ JJ UUKSUI.n & rilf<1715 ' JY1J 256 021J a property purChased and sold,-and all receipks, disbursements and other txazaactiosas gfgecteci by the Trust duxiaag euch pera.od. Such accounting aWa also l3st ala caeh, securitaes and other property held in the Trust Pusad at the end of such perxod at thebr adjusted boo)c va1u~ and at their markct value. . ARZ°T_CLE V I Y . Rgs IGiVATYOB. RENtOSjAL AND SIICCESBION OF TRTJ3`PEE A11TD ESTABLISHMMNT OF A DTTIONAIr TRLJSTS Section 7.1 - - ~ ~tiora ot Trrxstec. Any Trastee, or any suGCessor Trustee vr ~rustees, may resign hi.e or bts dutaes as Trustee hereunder at any time by filing his ox ite varitten resignation with the Trust and the Emplayer. Nd auch resignation s1a1l take efgect until sixty days from the date Of 1tB d@1.iv@ry t6 tYle °,['1^L119t aIbC~ the ER1IJ10y@ra pY'O`I1ded, ' t10W@VEg', that a£ asuceessor Truntee skaall have been appointed, and shall have accepted, pra.or to the expiratiora of saa.d period ox af a Co- Trustee ie tkaera acting, the resignation shall be effective . imcnedgately. . B9Wr,ion Remaval of Trtae PP , ' Any Trustee, or any successpr Trustee ar TruBtees, may be removed by the Ecapioyer, by aetion of the Tawaa Couracil, at any tirne upon the giving of siacty days, notice in wzitirag to tY~~ Trustee or Txuigtees ta be remove.d, such remaval ehall be effected by delirrering to the Trustee to be remDved rs?ritteaa noga,ce of its xemova9., executed by the Employer and ga,virag nota.ce to the Trustee of tkae appointment of, and acceptance by, asuccessor Trustee in the manaaex hereinafteg set forth. Secf~ion 7.3 Automatic Succession of Trugteea. The persosx haldi.ng each of the following officeg with the Employsr Bhall be a Trustee: (a) Town'P9anager; ~ . . (b) ' Tovn Attorney; and. (c) Finance Director. The,persons who oeeupy euch offices are irai.taail Trusteee. xf agay persan shall cease to 'acti in one of such aapaci.ties,, that person_ shall be deemed te have xesigned as a Trustee as af the date tlae person ceaeee to aah in auch capacity. The person who sh.all be appainted in Duch pereon' a pXace shall immecliateXy become a Tz~ustee. ~ sauWMtv2ne. i -1 g - . liiliily7~ 12~55 GuK~U~N ~ KiRGiS 296 0215 F.14 . i. In addition, one Trustes shall be elected by the ' Participants- of the police Department and one 'Trustee ehall be elected by the Participants of the Fire Dcpiartme:nt. The term of such Trustees ehall be determined by the Retirement Board, provided that a.n the event auch a truetee shaii tezminate! employment with tha department from which he wae elected., su.ch pereon ehall autamatically'cease to be a Trustee as of the dat:e of termination of employtnent, section 7.4 Agpcintment af ua Eassor Addi ianal Trustes. The, appointment of a guccegaoi- Truatee ahall be accomp3ished by the delivery ta the resigninig or removed Trustee, as the caee may be, of an inatrument in wrii.ing, executed by the Employex, appointing such suceessor Trustee ,and by the acceptance in writing of the appointment ao successnr Tx-Listee, executed by the successor or guceesooxs pq appointed. ;Ln tlhe case of the resignation af the Txuciteer the appaintme.nt of the successor 2ruatee ehall take effect upon deli.very of tihe notice of appointment aad acceptance. In the case of tlhe removal of a Trustee, it shall take effect either upan the delivery of the natice of apgointment and acceptance, or tl:se expiration of the aixty-day period provided in Sectian 7.2, at, the election oE the Trustee being removed. An additional trusteiB may, be appointed by delivery of an insstrument in writing to the than acting truatee or trusteee aigried by the Bmployer and contiai.ni.ng the written acceptance of'suoh additional Trustee. Section 7 5-- Succeagor Additidna'L Trustiee. All *of the provisiona set fdrth in thi,s Agreement with reapect to the TrusCee shall relate to each succesfior or additional Tsustee eo appointed, with the same torce a:nd ef:fect as if such successor Truetee had ori$i.nally been designat:ed herein as Trustee. A Buccessor or additiiana7. Tx-ustee may be an individual ox a bank ax trust company arganized under tha law to administer 'txusts and maintaining and operating a full-time trust clepartment. Section 7.6 Procedure Ujpan P;ppointmE.nt of Successor Trugtiee. . Upon the effective date af appointitment of a succeeaor Trustee, the remaved or resigning Trugtee Eiha:ll Gxansfer and deliver his or their inCerest in the Trust Fund to such auccepsor Trustee, after resarva.ng auch reasonable amount as they may deem necessary to provide for any eums chargeaL-~.:-e against the Trust Funci or for which the Trust Fund may be liable, or to which thr remaved. or resigning firuetee rnay be entitled by way of fe+ss and E:~~pEriSEg. The receipt of the suacessox Txtastee and the -appxoval af the Emplayer of the final accounring af thc z•emaved ar resigning Trustee shall be a full and complete di.scharc« of guch removed or resigning Trustee. No successar or additional Ti-Yastee ohaal have snwWosat92728.1 m 12 11/11i1yy4 12. 5b u0K5UCn 6. KiKUiS 363 298.0215 a i ~ any 1iabila.ty wrkaatsoer?ex for the acts or omissions of any prior ' Tr,astee. ~ $=tiora 7.7 ~.ddi~ional Trixgts. ' The Employer may, im its discretion, estaLbLiigh an additional tartaat or itnasts wifch othex oaganizatione ar 3.xiclividuals as trusteeo atnd transfer a portion of the Tsust assetp ar the Employer'd co8ltributions, ar both, to guch truet or truste for ' ixiv~stinent axad trtaiagement. Yf tYiis is done, the Truatee shall be natified in writi.ng and the Txlastee shall have absolutely no dutges, respar~oibilataes or obligatioaas with reapect to such vther truat or trusto or the fundg transferred ttaereta. 9ectian 7.8 Maioritv Contrcl. Aaay, a~tion required to be taken heretarider, or u?hich enay be takera hereunder, may be taken upon the wrgtteaa agreement or consent of a majoritgr of the Trustees, if more thara one Trustee is t4aen aeting. No Trustee shall be Ziable gor aray aGtion so taken, watkuout hie conBegat, i£ he advises the other Trustees; in writing, of has objectbon to' euch action within traenty-faur hours ot his being advased of sucka actiom, prdvided that each Trustee shall use reaaosaable care to pgevent a Co=Trustee from committ3.ng a breach of f iduciaxy respaza.sibility e ' AFtTICLE VIIY ' ERk~9I1VATION Sgctian 8.1 Event Not Neceemitatina Termi.nation of • . , The Txust eetablished hereunder slaall termxnate upon the haBpenin9 0f any one of the following everats (a) Terminativn by the Employer by action af the Town . Council, provided gXxty (60) elays prior written notice of such termination sha11 have been given to the Retirement Baarid. . (b) The dissolution, mergex, consolidation ax ~ reorganization af the Eenployer; provided, however, that a.a1 the case ot such dissoltatien, merger, consolidatian or reorganiaatioaa, the successor to the Empl.oyer may agree in writing ta continue the Trust in effect. s2etion 8.2 Settlernent of Accounts Upon TerttJnation. Lpon termination of the Tz•ust, the Retirement Baard ehall have. the rfglat to a settlement of its accounts and euch settlement Ejhall be had, at the option af the Retirement Board, either by proceedings i.n a court of c4mpetent jurisdiction or by agreement between the ltetixement Board and the FmpJ.vyer. . . i SAWlS208419Z1t8.1 ; ~ ~ ~ liiili177=r ic~~~ uUrc~U~h ~ K1t~L~1`.~ J{JJ 258 0215 r.1b . SectiQn 8.3 - Disnosieion of rul3t Assets Upon I Termination. . ! ~ L7pon completion of the settlement of the, aacounts cf the Re°irementi Board in aCCOrdance with Sectian 8.2, tihe Retirement ~ Bo~,rd sha].l alloce~te aad dispose of the asse:ts tllen remaining in • the Trust Fund, after provision for any expen.gea af the Plan and ' Truet Fund proper].y chargea.ble ehereto, pursuant to the pxovisiona of the P1.an. • . ; Segtion 8 4- DischarQe of Retarentient ]Board. . Upon settlement of its acaaunts ancl disitribution of a]:1 of the aesetp of the Trust Fund, the Retiiremesnt Board sha13 thereupon be dipGbarged from any further aecount.abi.la.ty for the Tx'uat Fund artd it shall be under no further duty, obligation or, repponsibilitp fox the dispositian oF the Tri;iet F'iand. ARTICLE IX ' =NMNT OR TSRMINATION OF T1tIIST AGRE13~ The Employex aha.11 have the right -at ariy time and from ' time to tiime by aCtion of the Town Council wit;h the written consent ' . of the Retirement Board to amend this Trust A?greement in arhole or in part by an instrument in writing executed by it and delivered to the Retirement Hoard, provided that purauant to the requixements of C.R.S. § 31-30-621, any amendment or act of te:rmination of the P1an ar Trust muat be approved by a vote of at leaeit si;Kty--five percent (65%) oE thp total votee cast by a].1 Pworn police officers and • firetighters actively employed by the it~mployer and a7.1 former Emplayeee who are entirled to a benefit ;Erom the P1an. In additiori, no auCh amendment ahall cauae any gaxt of• the Truet Fund. ta be ueed for, ar diverted to, purpoaee othe:r thiin the exclusive • benefit of Participants, retired Participants and their beneficiariee, except for the return of zesid.ual amounta pxovided ' in Section 8_ 5 of the Plan. Any amendment sh.all become effective upon the date therein etated but ahaYl not be binding upon the Retirement Board until delivery of the writt_en amendment to the Retirement Board and the endoxeement thereon of the Retirement Board's wriCttn cansent. , ARTICLE X : ENFORCEMSRT QE TR,IIST AGRfiEM1VT The Employer shall have authorlty to eni:orce thia Trust . Agreement on behalf of any and all perscna ha.ving or claiming any interest in the Trusti Fund or under this Triast A,greement or the Plan. In any 'action ox proceeding atfecting the T:rust Fund or an,y ' pxopexty cvngtituting a part thereof, or the s?dmin:i5tz'ation of the Trust established hereunder, the Employer and the Retirement soard sha].l be the only neceseary parties; and no Parta.cipants, retired • SAVVIS2AB4192728.1 _ ].4 - ~ . ~ I 11i11i177Y 1G•JO DUKJUVn o. n1KU1J~` O~J ~70 Li"-1J a • i h \ I Pastacbpaaaks or their ber?eficiaries, or aay otlaer person havxng or . clairning to haive an a.ntegeet bra the Z'rust Purid or under the Plari shall be entitled to any natice or procees, and any judgment that may be egateged baa such actian or proceeding shall be ba.nding arad canclusive on a11 persons haviaag or claaming to have an intereet in the Truat F'ugad undeg the Plan e ' . ARTICLE XI L:4W (aOiTERrTING PLM This Trust Agreement ana the Trust hexeby created shall be conetnued, I seegixlated az?d admiaaistexed tander the lawB of the 8tate of Colotrado, - ancl the R~tirement Board sha11 be liabl.e to account only i.at the courts af that atate. All coaatxibutione secebved by tkie: Retirement Boarti hereunder shal.l be deemed to harre • been received:in tYat atate. ARTICLE XYI . TRQ3T FOR EXCLUSTVE AENEVZT OF PARTICIU S ThePolice and F'ire Employeea' Pexaaiox~ P1an and thia TruBt Agreemea~t have been enteged irato gor the "elusivre benef it of the Farticipaa$ts and thea.r benefa.ciaries. TJnder no circumstances shall any ftnds contributed to or held by the Retirement Boaxd hereunder at ~Lny time revert to or be tased by or enjoyed by the Emp3.oyer nor sha1.1 any such funds or asse~~ any time be uaed other thara goT' the eacclusive banefit o£ the Partica.pants or their beneficiariep; exGept as pxovi,ded in Sectioxa 8.5 of the Plan. ~g2`TICLlE XYYT IZETIRENEIV'L' BOPaRD LIABILITY Se91-1 nn U 1-- gKp ert- i 0n,. 4?i the ReGirPment BoiYd. The Retirement Board shall not incux any li.ability by roagon of taking aaiy action i.nda.cated by, this inBtrument to be within the si'oope of the authority of the investment Manager appointed by the lteta.rement Board in accordance with any wxitten . instrument purportiaag to be aigned by such pereon or persons autharized to.sigri fox the Ynvestment Manager, os a.n reliance upon a cez'tified Cvpy af a resolution of the Itekirement Board., aaay of which the itetArrement Board, in good gaith, belaeves to be genuine, Ttae Retirement Board may canault with counsel, who may be couneel fok the Employg$, a.n respect to any of its duta.es or obligatiana • hereunder anci shall be gully protected in aCting or refraining trom acting in accprdanae with the advice of such counsel. Tkae. 1Retirement Board shal]. incur na liaba.].ity for aray ldse ta or depreciation in vabue af the Trust F'und ar for any acti doaae or oma.tted to be done in the aclministration of the Trust, sawWoaA927a.i -15 - 11~11/1~y4 lc.~ ~o iauKSUt,n a h1Kia15 JYJ~i 258 E215 P. 18 s I ~i except for bxeach of its fxduci.axy , duty ae aet foxth in this ~ instrument. The Retirementi Boaxd ehall be indemni.fied and eaved ' harmless by the Employer from and aga3nsti amy andl a11 liability ' arising from breaah of its f iduciary duty as aforei3aid, incl.udi.ng a11 expenses reaaonably incurred in its dei:enee, i,.n case the ~ Employer fai].s tc prcvide such de£ense. Section 13.2 Indemni£ication, ~ The Employer shall iridemnify and hold harmless the ' Retirement Haaxd from any and a7.1 claims, lcsseig, daimages, expenses (incJ.udi.ng aaWnsel faes approved by the Retireme,nt Board) , and liabi].ities (including any amou.nta paid in settlement with the Retirement Hoard's approval) ariaing from any act or'omiasian.of the Retirement: Board, except when the same is judicija].ly determined to be due to the gross negligence or willful miacanduat of such Retirement Board. Sectian 13.3 Bandina and Insurancge. I The Retirement SoaXd, any Investment Mariagex appoineed ' pux'auant to Sectxon 3.4, and anyone acting aa a Fidluciary shall be ' banded for tihe minimum amount required unless the Eatployer sha1l . direct that a bond in a larger amount be mai.ntained. The Retirement Board may obtain Errora and Omissions Znsuxance for such amount as they deem adrrisable to protect the Truist Fund. Such insurance and bond premiums and teea may be pa.id ar an expense of the Trust pursuant to 9ection 5.1. ~ . . • . , TN WTTNESS WHER$OF, the parties hereto have executed this instrument ths day and year fzrst above written. TOWN OF VAIL ! BY; I Mayor ~ ' "EMPLOYER" . i I . j ~ I I I . ~ I . ~ i sAW2084MM.1 -16 - • I ~ ~ 11% 11/ 17y4 1G~ J7 V6KJUI4'1 ~ K1Ku1S JeJj 238 021J F. 17 I a TowN oF VAIz, PaLrcE Av~ ~IRE EN1pLOXSEB' PEIVSIQAT TRIIST 11RMaREf,='%° BOA1tY7" STATE 0&' CQL ORADO ~ . COUNTY• OF EAGLE ) . . . ) Tht ga~'egogng ir~strxmant was aclnowledged before me this . day of ' , 1994, of the Towaa og iT~,il, s Employer~ ~~s Mayor ..Wa.tness my hand aaad officaal sealo My commisszon expires : . - . , ( s B A % ) Notary Publa.c . , Addxesss, . ; SAW2U9419271$.1 - 3.7 - 11/11/1y74 12; 57 VuKSULh & K1KV15 3a3 296 0215 F.20 t srATE oF coLOxAno ~ ) sa. covNTt aP FJaLE ~ The foregoing ingtrument was acknowledged before me Ghis ~ daY of . 1994, by f . , aia-CT , as the Retirement Board. Witness my hand'and offxcial seal. My cemmission expa.re8: Notary Pub:Lic S E A L ) ACidr@se: . . snw%520MnTM.i . -1 s - f' a ~ORDINANCE NO. 30 Series of 1994 AN ORDINAATCE ADOPTING A NEW TRUST AGREEMENT PURSUANT TO TOWN OF VAIL EMPLOYEES' PENSION PLAN AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail has adopted a Trust Agreement pursuant to the Town of Vail Employees, Pension Plan, the effective date of which.was January 1, 1983; and WHEREAS, the Town Council wishes to adopt a new Trust Agreement which sets forth the details of implementing the Town's Pension Plan. NOW, THEREFORE, BE TT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town of Vail Employees' Pension Plan Trust Agreement which is attached hereto and incorporated herein by reference is hereby approved by the Town Council of the Town of Vail. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares. that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided .in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedinqs as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts . thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. . INTRODUCED, READ AND APPROVED ON FIRST READING this day °f , 1994, and.a public hearing shall be held on this Ordinance on the day of , 1994 at 7:30 P.M. in the Council Chambers of the vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1994. l4 . Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk INTRODUCED, READ AND APPROVED ON SECODID READING AND OR.DERED PUBLISHED thi,s _ day of , 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk , il, 11, 1774 iJ; GG UUKJULh 61 n1KUlJ JYJJ G70 ~~1J r.tl S ^ . TOWN OF VLAII, . EA+PY,OYSRS ° PEENS ION ST THIS AGRIMMENT AND DECIAitPeTION OF TtU ST ef fective the da1P ef , 1994, hereira geetates the Trust Agreemeaat Pursuaxit to Tovan of Vail Employees' Pension P],axa dated the 20th c3ay o£ 9epteinbeg, 1983, aa amendeCl the 7tla ciay of Aagust, 1990: P?RTICI,E I ' Fi9TABLISHriiEA7T OF =I Aicha.on ~ 1 - - PuMase of Aerreement. This Truet Agreemeaat a.s exatered irato gor the purpose pf amplementiaag the T0wn of Vaal Employees' Pension P1an and sha11 be kaaown a8 the Torn?n of Vail Employees, Pension Trust. gtction 1.2 Trugt Fund. Al'I eUmB contri.bufced ta this `i°ruoC by .the Employer tagetler witka alb other property arad accruals therefrom wrliich may hereafter becarr?e subj ect to tlags Tr.tst, shall constitute the traet estate (hereinafter referred tio as the "Ta'ta~t Fund" SeCt10n L3 DefiI711 _innR. A11 ~erms not defined in this Tnxst Agr@eenesnt shall have the meaning aB defined in the Town og Vail Employees' Pension plan dated the ~ day of , 1994. ~°~c~ AA7t 1~ 1Zat-; ra~nn„~ Rnarri The Regiremerat Board means the Truatees appointed pureuant to Rfrticle tIII herein. ARTICLE II . ' GEIUERM DUTTLS OF THE RETIREPQE~N'I' 13OARD AND THFi EMPL03tER $egts.on 2.1 General Duti.es of the ltetirement Boaxcl. (a) It sha11 be the duty og the Retixement Board to kaold the funds. fgom tame to -time g-eceived by it frdm the Lmployer, to manage, inrrest axad reinveet auch funds anci the iracome tberefxam pursuant tq the provigions heref.nafter eet forth, withouG distinction betdveen principal and inconte, and to make paymentg therefrom. The Retirement Board shall be responeible oniy for stach sums as eha1;1 aGtually be received by it as Tg'ustee, and it shall not be the dUty of the Retirement Baard to collecti any sum from the Emplayer. : SAW1MQ191346.3 :77~ t~•Ul uuRZ)u~ln cl r.i iu:iZ) Jel..) 27b Y~~lj r.u 7 y~ ? (b) Further, the duties of the Retirement Board shall incl.ude, but are not limited to, determination of benefits and , eli.gibility, authcriaation af benef:Ct paymenta and payment of any expeb.eee inaurred in the adminietration of the Plan. The Retirement Beard may employ euch consultiantis and adviears ar allocate auch of its dutiea to employees of Employer as it deems necessary pr desirable for carrying out its ciuties under tha Plan. Section 2.2 Generai Duties ot the Ennployer. It shall be the dutiy af the Employer to pay ever to the Retirement Board from time to time auch coiitributions as may be made by the Empleyer and to keep accurate books and records with respect to itp employees. ARTT C'T.F. I T I POWERS AND DUTIES OF THE RETIREMENT BOARD IN T'HE INVESTMENT. ADMINISTR.ATTON AND DTSBUF2SEMENT OF ZHE Z'RUST FUND . Sectian___3.1 Tnvestment Powers _and Duties of the Retirenent Board. The Retirement Soard shal.l have complete discxetion with reapect to a`11 matters concex-ning the invest:ment vf the aesets of the Trust Fund subject to the directi.on and cantrol of the Employer. The.Retirement Baard ehall period:ically confer with the Emplayex cortCerning trust investment pertortnance, program and philosophy. The Reti.rement Boaxd eha11 have the power tv inve,et and/ox reinvest any and a7.1 money ar property? of any description at any time held by it and constituting a pairt of the Trust Fund, withaut prev5.oup app].ication to, or subsequerit ratification of, any cvurt, tribuinal or commiesion, or any federa]. or state gavernmental agency, in accordance with the following poiaers: Tha Ratirement Board may invest irn rea:l praperty and all intereets therein;, in bonds, notes, debentures, rnortgages, commercial $aper, savings accounts and certificates of depoait (including accountp and certificaties in any' bank which is a fiduciaxy), pre£erred gtocks, common stocko, ar other securities, ' righte, obligations or property, reaX or perFional, includin.g ahares or certiticates of participatian issued by regulated investmenL companies or regulated invegtment trusts,, shareg or units of participatian in common trust funds, hedge funds, pooled funds in .income and ~nvestment funds, or depoaiti administration contracts maintained -by qualifa.ed ineurance companiea or similar financial inatitutivni~, and in life inaurance contracts. rn making inveetcnente or reinvestment, the Retirement Board shall exexciae the.care, skill, pxudence and diligence umdcar L•he cixcumetances then prevaiTing that a prudent rnan, acting in alike capacity and Eamiliar with such mattere, would use in the vonduat of an SAW1510641917463 - 2 - 11/li~1774 1J~~1 VUKJUI.I'i ~ h1KU1J: JYJJ 2y~ ~~1J r.~J ~ enterprise bf a like character wa.th J.ike aims. The Retirement Board ehall diversify the inveatments of tlae Trust fund so as to minimixe the' risDc of large 1osses, unless under the C1YCL1lItdt311C@b"r it is elearly not prtacierat to do so. E29tiam 3,2 Administrative Pourers and Duti.es af RCII=mont- Tkxe Retixement Board shall have ttae power to do any at the followingo (a) To se7.1, exckaaaige, convey, transfer or dispooe of, and also to grarag optbons wbth respect to, amy praperty, wbether real or persona1, at any ta.me h.e1d by a.t and any pale may be made by private coratract or by public auctioaa, and for cash or upon credit., or partly for caska -and partly upon erecZit, as the Retirement Boari may deem beat, and no pergon dsalirag with the Reti.remerat Board ehall be bound to aee ico the applicatiora of the p~~cha8e maney or to inquire into the valid3ty, expediency or property e~ any such sale or other dispasition. To acquire, ho].d and dfspose of aaay raal or persanal Pa"opertY at such time, in guch masasaer and upon guch terms, . inGludaaag cpmmatenents to puxchase Qver a period o£ one or enore years aas th'e Retirement Board may deem advs.sable, and to exchange all or any part of such real or pexsonal propexty far other real or personal property, upon such ~ems arad coaadbtians as the Retirement Board deemaiproper. (p) To . retain, manage, operate, repair, remove, partitaoca, mortgage or lease far any tex-m or terens Qf yeaxs any . real property constatutang a part of tha Trust Furad, using ather Trust aeeatd for aray of such purpases if deemed advisable. (tl) To compromise, compouncl and settle aray debt or obligation due to or from them ae the ltetirement Board aud to . reduce the rate of interest on, to extend or otherwise modify, or to forecloee upon default or otherwise enforce or act with z-espect to aray ouch obbigatiom. , To vate, in person or by ganeral or lxmited proxlr, any stocks ar other aecurf ties at any time held faa the Trust Furad, at any meet~.xLg of stockholdexe or securs.ty kao7.derg, i.n respeat td any busines$ wlaich may come before the meeting; tco exerciae any options appurteaia?aat tv any stocks, borada or of.hcr securities for the conversion thereof into oCher stacks, bonds or securities; to exercise or `sell any conversion or aubscra.ptivn rights appurtenant to any atocks,.bande or other securities at any time kaeld in the Txuet Fund, 'and to make any and all necessary payments therefor; to 7ain in, arid to approve, or to di.asent from and to oppase, any coapoxate ~Gt or proceeding, including any reorganization, recapitali.zata.on, conaolidation, rnPrger, dissolution, liquidation, sale of aqeets or other actiora by or plan in respect of SAM520841S?1346.3 - 3 - 11/11/ 177µ LJ•~G UUKSULn 6, n1RU1J JCIJ 276 ~~LJ r.G4 . ~ corporations, the stackB or securities Qf whicb may at any time ba held in the Trugt Fund; to deposit wit.h ainy commititee er depositary, pursuant tv any plan ar sgreernent: of protection, reorganization, ooneolidation, sale, merger,~qr, other readju9tment, any property held in the Trust Fundj and to make payment from the Trust F'und of anx charges or assessments iMposedl by the terms of any such plan or agreament. • tf3 To aacept and hoYd any eecurit:ies or other prdperty • received by it wnder the provisions of any of the subdivisions of this Sectioa, whethex or not the Retiireiment Scard would be authorxzed hereusder to inveat therein, w;i.th the exceptidn of securities of the Lmployer. {g} To borrdw ar saise monies for the: purposes of the Trust to the- extent that the Reti.xement 8aard shall deem desirabl.e, and for any.sums so borrowed.or advanGed to iasue a.ts promiasory note as ltetirement Board and to secure repayment thereof by pledging any part of the Trust Fund; _ and no person loaning money to the Retirement Board shall be bound to see to the application oE the money Yoaned or ta Ynquira znto the val.i.dit.y, expedxency ar property of •any such borrowing. (h) To enforce any right, obligaLtion or claim in ita di.screti.on and in general to protect in any way the interests ot .thn Trust Fund, either be£ore or after defitult, and in case the Retirerhenti Board ahall, in its discretion, conside:r such action for the best interest of the Fund, ta abstain fY-om the enEorcement of. any right, obligation dr elaim and to abandon any;property, whether real ox personal, which at any time may be r?e1d ]oy the Retirement aaard. • . ' (i? To make, execute, acknaw].edge ancl deliver any and a11 deedB, Ieaaea, aasignments, trangfers, conveyances and any and all other itistruments necessary or approprJLate to carry out any powere herein gtxanted. (j) To cause any investmenCs froni time to time held by it hereunder to be registered in, or transfe:rred intia, itg name as Retirement -Board ar~ the name of ita nominee or nominees, with or withaut deeign~tion of fiduciary capacity, or to retain any invegtments unregiptiered or in form pea-mitting txanefer by delivery, but the bookg and record9 of the Ftetixementi Board shal.l at all times show that all such investments are ,part af the Trust Fund. (lc) To retain a portion o£ the! TrvLat Fund in - cash temporarily awaiting investrnent without l:lability for in.tereet thereon and to retain in cash without 1jLability for interest thereon so much of the Truet Fund as the Retiremetnt taard rnay deem acivisab].e £ax the purpose af ineeting contemplated payments under the Plan, ' . snwMwea19130.3 - 4 - . ' 11~11%177ti 1J•U,~O UUKJUVn Q h1KU1J jW 296 0215 F.25 1 'n (1) To diselose ttae trust when the Retirement Board' o fiduciary eapacgty so requires. . (m) To pay the follovaing: ariy amount due on any loan or advasace made to the Trixst Ptmd; all taxes of aalgr nature ].evied, asees9ec3 ox° imposed upon the Trust Furada ancl all reasonable exPenses and atstorxieya° fees neceeeari.],y iaacugred by the Retirement Board with respect ta any of the followirag mattere, to the extent nat paid by the Eanplayer. . (n) To do all acts vahicYa the Retirement Beard may deem neeesaary or proper and to eacercise any aaad all tlae powere of the Retirement goard upon sueh terms and canditioaas as tkae Retirement Baard may cidem to be in the best interests of tlae Traet Fund. - (o) To def end any suit or 5.egal pxoaeediaagu againat the Trast and gk]e gteLbrement Board may eue or bring legal proceedings againat any party or partieig, compxomiae, eubmit to arbi~ration, or settle any stxit ar legal proceeding, Cl.aim, debt, damage ox undertaDcing due or awing from ar ta the Trust Fund, in the admi.nistzatian of the Fund, tlae Retirement Board shall not be abli.gated tb take -a.ny actiQn whiah would subject them to axiy exPense ar li.abglgty unless they be firat inclemnified in an amount aaxid aaa the tnanner . satxsfactoxy to the Retirement Boeard or to be . £uraaished with gunds sufficient, in the eiQ].e judgement a:E the Retirement goard, to cover such expenses. . SacYian 3 3-- Investmerat. in Pooled Punde. Notwithstanding asay ather pxovioxons af this Agreement, tkae Retirement Baased may cause any part of the maney ar property of this Trust Vund ta be catinmfnglecl with the money or property of txustis created by otlaers by causing such assets to be iravested aa a parti af one or more of the Funds created by any Declaration of Trugt of an-y ban3c undeg which funds trom other xetirement, profit- sharing, stqc1c bonus or other trusts which are exempti from federal income taxatioa under the Internal Revenue Code are held, and money or property*of, this Txust Fund so, added to one ar • more of said Funds at any time ahall be gubject to all df th@ provisione of said Declaration of Trust ag amendad from time to t2.me, and said Daclaration ot Trtxst is made a part o£ t}aia Agreement. Section 3.4 Emplovment of &aents and Aclvisoxs. Tkie Retirement Board, at the eacpense of the Trust Fund, may from t3me to tame employ attorneys, accounL-ants, agenta, inveetment advisoxe or investment counseloxs and delegate.to such persons or organizat3ona adminietrative and c'lerical duties with respect to the Trugse or Trusti assets without liability far any neglect, ornission, misconduct or default of any sueh paraon or organizatioz~, provided that such persan or organization wae se].ected and retagraed with reasonable.care, unless the Retiremen4: Board would atherwise be liablE in accordance with Section 4.5 snW?szo94%91346.3 - 5 - lli ll/i77y 1J~ Y~4 L~UKjUI.n dKlli%i1J ,~Jj~yt3 E~~1;, r, ~p ~ Y hereof. The Retirement Baard ehall alsa haire the power to employ an investment manager and to delegate to suich iiavestment manager the power and discretivn ta manage all or paz•t of the aseeta a£ the 7`rust, and the Ratirament Hoard shall be wit:haut liability for any negleet, omission, miscenduct or defaulti of such xnvestment manager, prdvided that auch inveetment msnager was selected and retained wiCh reasenable care and prudence. Bection 3.5 Third Par_iPs Dealing Wi _h R_r;r _m .nr Bo$j;d• Third parties dealing with the Reti.remeat Baard. sha3.1 not be required to make any inquiry as to whether- or n,ot the Retirement Board has Comp].iad with. the requiremenrn o:E tha_a Agxeement, but ahall ba held harmless in relying upon thLe certiificate af the Retirernent Board that it haa authority ta take any propased activn. Section 3 6=- Powers and I7uties oE Reta.rement_Baard and Disbursement of Truet Fund. The Retirement Board shall make paymerit frQm the. Trust Fund to 9.uCh peraons, in such manner, at such t:imas and in such amounts ap it deema necessary in accordance •wItih t:he Plan and Trugti Agreement. SeGtian 3.7 Non-Alienation o£ Elenef:its. Z'he Trust aha7.1 not in any mannier be liable for, or eubject to, the debts or liabilities of any- Partticipant, retired Participant, beneficiary or. contingent benefici.aLry. No right or benefit under tihe Plan ahall ba subject a1t any ta.me or in any manner to alienatian, sale, transfex, assignment, pledge, encumbrance, charge, garnishment, executian or ]_evy of any kiad, either voluntaxy or involuntary, prior to ac:tual:ly being recea.ved by tIxe person entitled to the benefit under {the terms o£ the Plan. if tihe terms v£ thxs Section are contrary tc) the law gaverning in a particular circumstiance, any such payment sha7L1 be exempt from such law to ths maximum extent permitted by such law. . 1 ARTICLE IV ADMIDTISTRATIVE POWERS AND DOTIES Section 4.1 - General Dut3.ea and P.owers af Administration. • The Retirement IIoard shall be: cr?arged with the administration of this Plan and Trust a.nd shall decide all questions arising in the administration,, interpretation and application of the Plan and Trust Agreement,, including all questiong relating to the eligibility, vest'Lng and distribution. $AWl52064191346.3 6 , 11li~ 177-e 1.:) - YJ=i . UUK`JUI.t'7 d h1hCU15 .3YJJ G'~O ('~~1J Y'. 27 'v The Retirement Board may fxom time to time establish reaaona.ble gaxoeedures, rules and regulaticns; for the adminigtixatian of the F1an and Truat an it may deeen desbg'able and euch pracedures, rules and $egulataons shall be binding on a11 employees , Partiaipants, foamer employeee and beneii.ciaries. A7.1 proaedures, nales, xegulatxoaae and $eports slaall be raniformly and consistemtly applied to a11 Partici.pants and benefi.ciarcies in similar circixmstances. &=a.m A.2 A1 _o a -j on gf,-EidLc°iar,r RespQnsibilitv, `rhe Retirement Board may, but sha11 not be requixeQ to, allocate i:ho fadtxciary duties and responsibala.taes under the Plan and Trust between and among the named and actitag Plan fiduciarxes, eubject to the provasioras of Part 4 of Subtitle B af Title T of ER%SAo S~c~z.o~ ~ Q ~ - ecod~~~~~~g • . The Retirement Board shall keep or cauae to be kept all such books of accorxnt, records and other data 2?s may be necessary ox advisable bra ats judgment fox the administratian of this Plan and Trust, to properly reflect the a,ffairs thereof, to determine - the amount of vested and/ar gorfeitable i.nteresta of the regpectave Participants a.n the Trust F'und, and tkae amount of aTl benefita hereunder. As a part thexeof , it ehall maintaira or aaupe ta be maintained separ-ate accourits gor Partgcipants provided £or iaa Article V of the Plan, The Retiremeaat Board shall also prepare and fale, og cataee to be prepared and filed, all federal and state reports and returns which may be required by law and shall provide to the PagtiCipaaite and their beneficiaries all notices, reports and deacxipeionp that may be required by law or regulation. Section 4.4 Benefa.C Paymentae Tkae Retirement Board shall pay all benefa.ts from the Trust Fund pursuant to the provisions of the Plan. Seet3.on 4.5 --Appli-cation and Faxms £ar Benefit8. . The Retgrement aoard may recyuira aParticipant to complete and file with the Retirement Board an appls.catiam for a benefit and a1l other forms appgoved by the Itetaxement Board and to furnish all pertinentc information_requested by the Employer. The Retiirement Board may xely upon a11 such infarrnation sa furnished it, iaacluda.ng the Participant's current mailing addreas. ftcta.an 4.6 d~ Claims Procedures. Upon a Participant's texmination af eervice with the Employer fbr any reason,the Particapant ox the Partiicipant'e beneficiary urill be advised by the ]tetirement.Bdard of his ar her ra.ghts tv benefits undex the Plan. If at any ta.me the Paxticipamt saw=8419130a -7- ll~lt;1774 iJ~UJ uuKJU~n 6, n1ttu15 J~J 270 ~~1J r.GC . ~ or the participant's beneficiary feels that he og she is entitled to benefita, he or ehe may make a claim for benefite by writing a letter ta the Retirement Board requesting the benefits and etating why he or she fee].e he ox she ia ent3tJ.ed tc, thern. Tf the claim for benefits under the Plan of any Participant or beneficiary has been denied, the Retirement Board Bhall provide adequate notice, in writing, t,o suc.h Participant or beneficiar.y :within ninety (90) days aftex the claim is filed. Such notice - shal'1 st forth the specifie reasons t'or such denial, specific referenee ta partinent P1an provigians orJ which the denial in based, adeacription of any additional ma;terial or ~.nfox~mation ' neCesaary fc~r the claimant to perfect his or hez: a7.ai.mp, if any, , and an exp~.anat9.on ef why such mgteria:L cr information ie neccesary, aind appropriate in£ormation ae to the steps to be taken if the Participant or beneficiary wishes to subtai.t: his or her claim Eor review, I€ a notice of the denial of a c:laim is not furniahed • within ninety (90) days, the claim shall be deemeci to be denied and the claimant ahall be permitted to submit. his or her claim• for ' review at that time. Each C12?im aubmittea[ for review sha7.1 be entitled tp 'a full and fair review by the Retirement Board (ar by a perBOn de$ignatad by the RatiremenC BoaL^d) of a11 the favta and aircumatances and the preliminary decision denying auch claim. The Qarticipant;or beneticiary may requeet euch a revxew upan written application, he or she may review pextinent d,ocuments and he ox she may submit iseuee and comments in writing. Any guch review must ba requested within seventy-five !75? days of the original claim denial, and'a deciaion on Buch claim ahall be maide not later Ghan sixty (50) idays afCer the Pl.an's receipt of such request. The • . decision on review shall be in writiing and shall include the epecific reaeons for the decision, written :in a manner calculated to be understood by the claimant aa well as ispecific references to the pertinent Plan provieione an which the deci9ion xo baped. Sectian 4.7 Advice of Counsel. The Retirement soard may conault with legal counsel, who may be counael fox the Employer, or a legal. caunsel hired by the Retirement Board, with respect to the meanlng or construction of this Trust Agreement or the Xetirement Board's ob:ligation or dutiee hereunder, and ehall be fu11y protected fmm any responsibi.lity . with respect to any action taJcen or omitted by it in goad faith purauant to the advice of such legal counsel, pravided such counsel was selEGted and retained with reasonable aare aLnd prudenae. Section 4.8 Standard of Care. The Retirement Board shall discharge i.ts duties under tihis Agreement and the Plan for the exclusive puxpase of providing benefits to Paxticipants and their beneficiaries arad de£raying xeasonabJ.e expenses ot administering the Pla•n wiCh the care, skill, prudence and diligenae under the circumstances r_hen prevailing that a prudent man acting in a li.ke capacity a.nd famili.ar with such . sAwtis2oW91346.3 -8-. a li~ 1117~-+ 1J•r!D uur.out_n O, Nlt[Ut'J JIOJ ~7ti 021J r',27 a matters would use in a conduct of an enterprise of a like character • and with like aims. SePtion 4.9 Lial~ilitv for Rreach of Fiduciarv. A gidtaciarl, shm5.1 not be abable for the breach og fbducbary responsability af araother fiduciary cf the Plan or Truat unlesa: (a) He. participatee Eenoaringlgr in, or kriowinglgr unclertakes to conceal, an act or omiseion of such ather fiduciary, kraowarag such ach or omi.~sioaa is a breach; or (b) He has ecaabled such other gaduciary to commit a breach by kags failure to df.scharge ha.s dutbes go the Plan and Trust solely aaa the bntegeat af tkae Pa~3.cipazats axacl thes.r ~benef iciaries; 4r (c) He faiYe to make reasonable efforts under tYae GircumstanCee to remed.y a breach af such other fiduciary of which . he ha.s kraow].edgeo . . AR1'ICLE iY . TWES, MEENSES ANb COP9PENSATIOlv OF TKE RETMMEATT BOp?ItD • Section 5.2 Adminbstratian Exnengeg and QaEMensation The reaeonabl.e expenses incurred bythe Retirement Hoard ~ iaa or as aresult of the performance of xta rluties hsreunder, includirag reasoaaable faes and expenses for agency and legal sex--vices gesadeged to the Retiretnent Board, feee of any iaavestment manager og investment mdvisar for serrices ta the Trust, insurance premiums arad suCh compensation to ttae Retirement Board as enay be agseed upoaa from time to time between the Employer and the l2etirement Board eha11 be chargeable against, and deductible from the Trust Fund, unless and until they are paad by the Eaployer e Notwi.thstanding the foregoing, no individual truetee wvlao is alep a . ful].-time 6mployee og the Lmployer shall receive compensation for. his serviaes on tkae Itetirement Boarcl. Section 5:2 Taxes. Any taxes which the Retirement Boaxd is requi.red to pay, iaacluding real and peseonal property taxes, income taxeg, transf er ' taxes ancl otkaes taaces of any -Isind whatsoever that may under any exieting or future laws be aaeeesed agaxnst or levied upoa or in respecC ta the Truet F'und or a.ts aasets, ox axiy intcreet therein, shall be chargeable against a?nd deductbble from the Trust F'unrl. . The word °1taaceeQ1 in this Section shall be rleemed to include any a.nterest or penalties that may be levied or impoaed in respecl: to any taxes. Any expense incurred by the Refcirement Board in 3A9V19IA&95919d6.9 - ~ - lli 11/1774 1J~ Y_{O VUK51,J1.!'1 ~ n1KU15 Jr1J 270 L!L1J cantesting the vali.dity of such taxes ehal:l also be chargeable againgt and deducrible frem the Txust Fund. Seatian 5.3 Educational Advanceinent. It is deemed reasonable and prudent for Retirement soard to obtain educational adva.ncement and expertise in ali areas of trust fund administxatxon in order ta prvvi.de and ma?inrain the best possible benef its to the trusti fund participants and their beneficiaries. 3n order to achieve such educational advancement and expertise, Retirement Board members may attend annual and/oz regional meetings and/Qr seminars aponsored by the International Foundation of Emplayee Benefit Flans and/o:r eponsored by other inatitutiong oE higher learning. The RetirE:ment Board attending such meeting or meetinge may be reimbursed fr-om the Truat Fund fer all reaeonable and necessary expenaes actua]Lly incurred by them, . incl.uding but not limited ta registratiion fee:s, rneals, ladging and . travel expense; provided, however, that t-eimbureement cf rhe Retirement $oard member for such expenee s:hall.firat have been authorized by resolution of the Retirement ebard adapted at any' regular or special meeting of the Retiremen,t Board prior to tkae incusrence of any auch expense. ARTICLE VI ACCOUNTS OF TIiB RETIREMENT 130ARD • Seetion 6.1 Accou tj3 of the Betiremga:nt Board. The Retixement Board shall maxntain accu.raCe and detailed recardd and accounts of all invedtments, receipt:s, digbursementB and other t;raneaction.s of the Trust. A].l accounts,- boake and recorda relatirag to auch transactions sha11 be open at all reaeonable timed to inapection and audit•by any pexson or peraans designatied by the Employer. Fection 6.2 Valuation Reports. The Retirement Board shall eubmit to the auditors for the Employer arid such other persons ae it may designate, euch valuationa,~ reporta or other information as eauch persoris may reasonably require. • Seat'on 6.3 Periodic Renorts. The Retirement $oard shall f i.le with the Employer, as gaon as"possible after the close of each fiacal year, a written accountin.g setting forth a description of all securities.and other pxapertiy purchased and sold, and all receipts, disbuzaements and other traneactidns effected by tihe Trust during eluch pera.ad. Such accaunting sha11 also list a-ll caah, securities atnd other property snM520e491346.3 ~ 10 - 0 ~ held in the Trust Fund at the end of auch period at their adjusted kook value asid 'at theig taarket value. AxTx= -vzr . RLSYGATAiY0I5. RZMO`iTAY, AYD SYJCCESSYON OF JR[TS2EK_W2 )3STULISMNT Oe s?nnTTr NAL TRUSTS Section 7.1 Reaiunation of Trugteee Aaay Trustee, or any succeeeor Ta-ustee or Truatees, rnay resign his or its duties aa Trustee hereuaider at any tiene by filing his or its written resignation with the Trust and the Bmployer. No such resignaita.on slaall talee effect uaatil sbxty days grom the date ot its delavezy to the Trust and the Emplayer, pravided, howe`rer, that a.f asuccessog Truotee shall have been appoiaateci, and ahall kaave accepted, pra.og to the-expiration of sai.d period ar if a Co- `x'rustee is theaa acting, tihe resignata.on ehaXl be effective immediatelya . S~~ion 9. 2 Rernoval df ~ _~Q , Aray Trustee, or any puccessor Trustee or Trusteeso may be removed by tkae Emgaloyer, by aGtion of the Toum CouaiGil, at any time upon the gitraaaQ of sixty days° natice an writi.ng tio the Trustee or Trusteea to be removed. Suala removal sha11 be effected by delivering to the Trustee to be remaved written nvtiCe of its xemoval., exectated •by the Employer arad givfng nata.ce ta the Trustee . af Che appointment of, and acceptance by, a succeesor Truetee ixa the maaaaier hereinatter set foafita. sgction 7.3 Automatic Succesafon of.Truetees. The person holding each af tlae fobl4wing ogfices wi.th the Smployer sha].l be a Tg'ustee : . ( a ) Town Maraager ; (b) Toudn Attor.ney; and . • (c) Finance DirecCor.. The persans who oceupy such PffiC@S are initial Trusteea. If any perpon sha11 aease to act in one of suah capaci.ties, that pereon . shaii be 'deemed to have reeagnad as a Truetee as of the date the pexson ceages to act iaz auch capaci.ty. The persoxl baho shall be appointed fn Bucla person's pbace shall bmmediately become a Trustee. aaa adciitian, the t2etiremerat Board shall appoint one employee of the Emp].oyer ta serve as a member of the Aetirement Board until he reeigns or he is removed arad replaced by the Retirement BoaPd. ' SAwu2oa4191346.3 -11- iii ili 177ti 1J~ LiG UUKJUI.tI i~. h1KU15 303 270 b~1J r. Jc `i Section 7.4 Appointment of Successor Additiona]. Trustee. The appointment af a eucGeeeor Ti-uetee ehall be accomplished by the delivery tio the resignirig or removed Trustee, as the case may be, ot an instrument in writing, executed by the Emp].oyer, appointing such successor Trustee E.nd by the acceptance in writing of the appointment ae succeesor TrLstee, executed by the successor or succegsorg so appointed. In Lhe caae of the resignation of the Trustee, the appoi.ntmiant of tihe successor Trustee shatll take effect upen deliver!f of the notice vf appointmQnt and acceptance. In the case of Lhe removal of a Truetee,' it shall take ef£eot either upon. the delivety of the notice of appointment and acceptanae, or lthe expiration v£ tihe eixty-day period provided in Sectian 7.2, a?t the election of the Trustee being removed. An additional trustee' ma,y be appointed by delivery of an instz'ument in writing to the then acting trustee or truetees eigned by the Employer and contairdng the written acceptance o£ such additional Trustee. Section 7.5.-- Successor Additional Tz-ustee. All of the provisions set forth in this Agreement with respect to the Trustse shall relate to each ejucce;seor or additional Truetee so appoiatied, with the eame force and effect as it such suacessor Txuatee had originally been desigr~ioLted herein as Trustee. A successor or additional Trustee may be an :individual or a bank or trust company 'organized undex the law to-admimister trusts and maintaining and opexating a gull-time truet department. Section 7.6 Procedure U2an Avpaint.ment of Successo~ Trustee. Upon the effective date ot appoxntment of a auccessor Truatee, tbe removed or resigning Trugte:e sYiall transfer and delirrer hie or their interest in the Trust Fund tn SL1CY1 succeasar Trustee, after reserving such reasonable atnaunt as they may deem . necessary to provide for any aums chargeable. agai_nst the Trust Fund or for which the Truet Fund may be liable „(:)r to which the remaved or resigning Txustee may be entitled by walr of fees and expenses. The receipC of- the successor Trustee anci Lhe approval of the Employer of the final accaunting of the removed or resigning Trustee shall be a full and complete discharge af.such removed er resigning Trustee. No aucce9sor ox additional Trustee sha].l have any liability whaksoever for the aGtie or omiesicng of any prior. Trustee. . Section 7.7 Additiona TnUsts. The Empl.ayer may, in itgj discretion, establish' an additional trust or trusts with other. Qrganizationa or individua].s as trustiee, and txansfer a portion of tYke Trust aeaets ar the Employer's cQntributiona, or botih, to suc:h tx-ust or trusts fvr SAW1i3069191346,3 - 1 2 - . 11%11/177i 1J~YJ7 UUKJUI.h'I ~ f~1KU1J JYJJ G70 L"JG1J ' f.,:J 0 C investment and managecnent. If this ie dane, the Trustee ehall be motigied in wra.taaag and the Tsustee ahall have absolutely na CI11t3@as xespoaasibilities ox oblxgations with respect to euch ather trtxet or trasts or the fuaads trarasferred thereto. • Mecta,on 7.8 - ARaj,ori~y Contral. Any action required to be taken hereunder, or which may be talsen heretander, may be taken upon the written agreement or coneent of a majority of the Trastees, if more than one Trustee is then acting. No Trustee skaall be ls.able for any aCtion ao taken, withaut his caaasent, if ha adva.ses the ottkaer Trugteea, in ruriting, of his objection to Bueh acta.on within traeraty-four 1nourg cf his bebng adviBed of such action, pravided that eaCh Trugtee shalb use reasoaaable care to prerrent a Co-Traetee from cemmitting a breach of ga.ducbagy zesponsibilgty. RRTICY,E ifIl% TERNlIKATYON Snction 8.1 Event Not 1Vecessitating Termination ot The Trust establaskaed kaexeurtder shall termbnate upan the happera3ng of agay one of the followa.ng events: • (a) Termfnation by the Employeg by acCa.oaa of the Towra Council, prdvided sixty {60} days prier t+aritCen notice of such terminati.on shall have been given to the Retirernent Board. (b) The dissalution, merge~r, cansolbdata.on o~r x~eosganiz~tian of the Employer; provided, howevrer, tkiat in the case of such dissoluti.on, mcrger, conaalidatian or reorgaxaization, the succeseor to the Employer may agree in wrgting ta cantiraue the Trust in effecto Section 8.2 SP_t .1 _rnen , of Acaounts P2on Terminarion. ITpon termbaaatbon og the Truat, the Itetire[nexat Board shall ' have the rggkut to a settlement of its accounes and such settlement sha11 be haad, at the option og the itetiremeaat Board, either by proceedbngs in a coiart of competent jurasdxctian or by agreement betweeaa the Retirement Board and tihe E~nployer. ' Sectzon s3 Dienosition af. Trust Assets L12an Termix~ation, Lipon completion of the settlement of the accauazts of the ltetzxement Boarel gn accordance with Section 8.2, tlxe Retirement Board sha1l albocate and dispose of sehe assets then remainaaag in the Trust Fund, after provision tor any expenses of the Plan and SAW1Sb0B4191346J - 13 - 1illi 177-i 1.J~!'J7 UUKJUI.rI Ch1fCU1J j~} 25d Ei215 r',3:y ' . i Trust b'und pXoperly chargeable thexeta, pursttant to the provisions Of the Plan. & tion 8'.4 Digcharae of Retirement Ba . IIpan sett7.ementi og its accounts and dietribution of all of the aeaets of~the Trust Fund, the Retireatent Board ehall thereupon be diecharged from any.further acCauntability for the Trust Fund and it shall be under no furtheir duty, obligation or reeponsibili'ty for the disposition of the Trust 2?und. . ARTZCLE zx =NAMENT6 TO TRU6T AGR ENIgM The Employer ehall hrxve the right at c-uny time and from time tv time by action of the Town Council with the wri.tten conaent of the Retirement Board to amend thia Trust Agreement in whole or in part by an inatrument in writing executed by it, and de].ivered to the Retirement Board. No such amendment, hoiNever, shall cauae any part of the Trupti F'und to be used fox, or diver.ted to, purpoaes other Chan, the exclusive benefit of Partic.ipants, retired Participants and their benef i.ciaries, exce;pt far the return of .residual amounta provided in Section 8.5 af tha Plan. Any amendment aha11 bECOme effective upon the date. tlherein stated but sha11 not bc~ binding upan the Reti3rement Hoard i.tntil dalivery of. the written amendment to the Retirement Boa=:d and the endorsement thereon of the Retirement,Board's written consent. • ARTICLE X . • ENFORCEMENT OF TRIIST AGEEEMBNT • ' The 8mployer eha11 have authority to enforae this Trust Agreement on behalE of any and-all pergons llaving or claiming any interest in the Trust F'und or under this T'ruet Agreement or the Plan. In any action or proceeding affecting the Trust Fund or any property constituting a part thereof, or the. administration of the Trust eBtablXShad hereunder, the Employer an.d the: Retir.ement Board ehall be the only neceasary parties, and no Aarticipanta, retired Participants vr their beneficiariee, or any ather person having or claiming tohave an intereat in the Trust I?und or under the Plan ' sha].1 be entitled to any notice or procees, and any judgment that may be entered in such action or pxviceedinci shall be binda.ng and canclusive en all persons having or claiming to have an intorest in the Trust F'und under the Plan. BETICLE XI LAW GOVERNING PLAN This Trust Agreement and the Truet hereby created shall be construed, regulated and administered under the lawa of L•he sAvvWoeaIMM6.3 -19 - 11/llii774 LJ~1~ u17K5ULH 6 K1Ru1S 303 298 0215 P.Jj 0 O . State of Colorad0, and the Retirement Board ehall be liable to accouaat oxaly' in fehe courtr. of thaC state> All mntributions reaei.ved by the Retirement Board hereurader shall be deeaned to have been reaeived in that statee _ At.TICLB XiI TI2TISM FM FxCLA.lVg BEN?FIT OF PART%CIPAN'I'S The EmpYoyees' Pensian Plan and this Trust Agreement have beeaa.entered into gor the exclusive benefit of the Part.icipants and tYaeir benegi~iarieso Under no circumstances ehali any funde contributed te or hold by the Retirement Soard •heretinder at any time rewert to or be taeeci by ar en j oyed by the Emp3oyer nor aha].1 any such fuaade or assetis at azay time be used other than fox the easclusive benegit of tlae k~az-ta.cipants or their beneEa.diara.es, except as pacova.ded baa Sectian e.5 0f the g].en. ' 3CYII RETIREMEEATT BOARD LIP,BILITY ' B=t~on 13.1 Proteation of the Retire ent Board. The ltetirement Bosrd shall rast 'incur any liabilaty by reasar1 af taka.aig aray actaon a.ndicatet3 by this a nstruqnent to be within the scope of the auttaorbty of the anv~~~~t manager appainted }agt the Retirement Board in accoarclaracg urith any written instrument prarparting to be signed by such person or persons . autYaorized to sbgn for the Investment manager, or in re].iance upon ' a certified Copy of a regolutcion of the fltetirement Boax'd, any of whacka the Aetigement Board, in good faith, believes to be genuine. Tkae Reti.rement Board may coneult with caunsel, who may be counsel far the Employer, in respect to any of ats tltatiee or obligationg hereunder $aad skall be fully protected in acting or refraining Zrom acta.rag in accoxdance with the advice af sueh counael. The Retfrement Board shall iaacur na liability for any loss tio or depreciation in value of the TrUst Fuaad os for any act done or omatted to 'be done in the adninistration of tlae Trust, except for bxeaGh of its fiduciary duty ae set forth in this instxlamerat. The Retirement Board shalb be indemnifi.ed and saved . harmlesa by the Eeaployer from and again~t any and all liability axisang fx'om breach of ata giduciary duty as aforesaid, i.ncluding all expenses reasoaiab].y incurred in its degense, in caae sche Employer fai18 to provade auch degense.. Sgctian 13.2 Indemn ~i, a ion. Tkae Employer shall indemnify and hold harmless the Reta.rement Board from any and all claims, loeses, damagee, eacpenses (including counsel fees approved by the Rei:a.rement Board),and laabiliti6s (incbuding any amounts paid in settlement with the saW?s2084w1346.3 -15 - . ll~lil77ti iJ~li UuRJUVn ~ n1RU1J J~J t70 ~~1~ r.JO 0 1 Retiremant Board's approval) axising from ainy ac:t or amission of the Retirement Board, except when the aame ia judivially determined to be due to the gross negligence or willfiul miecanduct of such Retirement Board. 6ect ion 13.3 Bondina and Insur~tnce. The Retirement Board, any Investment Manager appointed pursuant ta Section 3.4, and anyone acting ais a Fiduciary ehall be bonded for the minimum amount requa.xed unless the Emplayer shall direct that a bond in a largex amaunt be nnaintai.ned. The Retirement Board may obtain ErroXp and Omissiond Tnsurance for guch ' amount ae they deem advieable to protect t:he T'ruet Fund. Such insurance and bond*premiume and fees may be paid as an exkaense of the Trust pursuant to 3ection 5.1. IN WTTNESS WHEREOF, tihe parties hereto have executed this instrument the day and yeax first above wrxt-ren. TOWN OF VA;LL By: ,.Mayar . a EMPLOYER" TdWN OF VI?IL EMPLOYEES' PENSION ' TRUST . "RETIREMEli'T BO.ARD" ' SAw?52084W1346,3 -16 - 11~11/ 17~~1 1J~ 11 UUKJLIl.r1 aK11iuI5 ,]~J 2`J-G ~LJ F. J f 6 I ~ STATE OF COLORABO COUMY OF EAGbE ) The sEoregoing anstrument waa acicnowledged before me thir. clay of , 1994, by , as Mayar of the Tawn af Vaa.l, a~ ~mplcgrer. Witxxess my haaad and off ica.a~ ~eal. my eomeniasion expfres: Natary Ptablbc! . ( SB A .Addsesso STATE OF C0L0RAD0 ) ) sse ' COUNTY OF EAG%E ) Th~ ~oregoing instrument was acknourledged before me tkais . day of , 1994, by . ~ and , ao t e Ret x'emant Board e Witness my kaand and offacial seal. A9y commiseion eacpiges : 1Votary Public S E A L ) Addreea : 9AW\52084141143 - 17 - TOTAL P.37 Q t . Revised ORDINANCE NO. 39 SERIES OF 1994 AN 0RD9NAfi~~E MA1COPJG SUPPLEnAEB~TAL APPROPRIe4T80hIS FROM THE TOWN ~F VAVL GENERe4L Fl9ND, CAPITAL PFiOJECTS FIDfVD, REA6. ESTlI-i U E U RAAlS~ER Y A/\ FVIlDy P/°lRK0tltlG a7 & P7iJVTWY1"EE FVND, IrOEd°'0tl 1f EQ6.tl'P68/tlENII F6J19Dy BOOTE-0 No9"EEECA DGBT SG9'4tlIFasE FVND, A6E1D T9--0E tlPSI15 HONe7'9lG FUeaDy OF THE 1994 Bl?DGET AYVD THE FBIdANCIAL PLAN FOR u WE TO6tlN OF a1?9I16y moOILOP'HFODOy AND AUTHORIZ8NG THE EXPEIdDITl1RES OF SAID APPFiOPRBATIONS Dmla7 SET FORtl Ir9 Q 1E1'fEINy AI~~ ~ETTBNG FORTH DETAELS BN REGARD TFBERETO. VVHEREAS, contingencies have arisen during the fiscal year 1994 which could not have been reasonably foreseen or anticipated by the Town Council at the 4ime it enacted Ordinance No. 26, Series of 1993, adopting the 1994 Budget and Financial Plan for the Town of Vail, Colorado; and, WHERE,4S, the Town has received certain revenues nof budgeted for previously; and, 1A/HERE,4S, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not o4henwise reflected in the Budget, in accordance wi4h Secfion 9.10(a) of the Charter of the Town of Vail; and, UVHEREAS, in order 4o accomplish the toregoing, the Towrn Council finds that it should make certain supplemental appropriations as set forth herein. NOUV, THEREFORE, BE IT ORDAINED, BY THE TOViIfV COUNCIL OF THE TOWRI OF VAIL, COLOR,4D0 fhat: 9. Pursuan4 to Section 9.9 0(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropria4ions for the 1994 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as foltows: FUND AfViOUNT Real Estate Transfer Tax Fund $ 19,743 General Fund $ 320,580 Capital Projects Fund $ 31,000 Booth Creek Deb4 Service Fund $ 75,000 Parking Strucfure Fund $ 6,117 Heavy Equipmen4 Fund $ 68,731 Vail Housing Fund 50,000 $ 571,171 2. If any par4, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affec4 the validi4y of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sen4ence, clause or phrase thereof, regardless of the fact thaY any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Tovun Council hereby finds, de4ermines, and declares that this ordinance is necessary and proper for the health, safe4y, and welfare of the Town of Vail and the inhabi4ants thereof. 1 Ordinance No. 31, Serias o} 1994 1 ~ . 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 tinder or by virtue of th2 provision repeated or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or supersedE;d unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances;, or parts thereof, inconsistent herewith are repealed to the extend only of such inconsistency. T'his repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED F'UBLISHED ONCE IN FULL ON FIRST READING this 15th day of November, 1994, and a putilic hearing shall be held on this Ordinance on the 6th day of December, 1994, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCuthceon, Town Clerk READ AND APPROVED ON SECOND READING AND C>RDERED PUBLISHED in full this day of , 1994, Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\ORD94.3t 2 Ord'mance No. 31. Series of 1994 ~ ~ TOlMN OF VAIL SCHEDULE OF 1994 SUPPLEINENTAL APPF30PRtATBOBdS ADDITIONAL PROJECT 1994 No. EXPENDITURE OR PROJECT EXPENDITURES GENERAI. Fl1ND: . Adrnieois4rag6on: Cost Accounting Software for Public Works ° 7,500 Replace Canopy Tents for Street Entertainment ° 1,000 Property & Liab Insurance Increase 55,633 Additional Recruiting Costs 23,000 Trappers Run Closing Costs and Consulting 34,000 Range Compression Adjustments 1,076 Correct Fire Sate Amount ° (623) Coin Changer ° 1,700. VA & Avon Sister City Contribution 2,500 Court Appointed Council 2,000 ComanunBBy Developmen4: Range Compression Adjustments 2,478 Planner 1 New Position 14,500 Furniture and Carpet for New Planner ° 2,638 Police Depar4rneng Ford Park Special Events Shuttle (Revenue) 961 Range Compression Adjustments 20,081 Fire Depar4men4 Haz Mat Reimb (Revenue) 2,734 Range Compression Adjustments 15,915 Grant Pass Thru 48,391 Pulblic UVorks: Range Compression Adjustments 7,792 Correct Prior Amendment - Used Wrong Fund ° (6,402) TransportaYion Special Events Shuttle (Revenue) 29,666 Eagle, Gypsum Shuttle 8,850 L6brary Range Compression Adjustments 190 SUBTOTAL: GEMERAL FUPVD 275,580 ° Department Savings VVas Used. 20TRFIN2 PAGE 11/11/94 . t; `r , , CAPITAL PROJECTS FUND: VA Reimbursement for Overlay Cost (Revenue) 31,000 Subtotal: Projects Fund 31,000 REAL ESTATE TRANSFER TAX FUND Reimb by CDOT for West Vail Work 19,743 PARKING STRUCTURE FUND: Computer Equip ' 5,402 Property & Liab Insurance Increase 715 _ 6,117 HEAVY EQUIPMENT FUND: Auto Body Repair Revenue (Revenue) 62,000 Computer Equip ' 2,816 Property & Liab Insurance Increase _ 3,915 _ 68,731 VAIL HOUSING FUND ~ Purchase of Potato Patch Unit 50,000 BOOTH CREEK DEBT SERVICE FUND Debt Service Generated by Assessments 75,000 GRAND TOTAL 526.171 20TRFIN2 PAGE 11/11/94 . . ~ . • . : . . . . . ; . ORDgNAliTCE NO. 32, Series of 1994 AN ORDINARTCIE AMENDIliTG CHAPTER 5.32 OF TH]E MUNICIPP.1L CODE OF THE TOVVN ~F VAgL Bl' TH]E ADDITION OF SECTg01lT 5.32.040; ]PlftOVIDING FOR TlH[E ISSiJANCE OF BED AND BIBEAICFAS'd' PEItMI'I'S IFOR '1['H]E S]EIlZVIClE OF COMP1LgMEN'g'Al[ZX ALCOgiO]L UNDEI[8 CER'1['AIN Cgl[gCgJMSTAl'dCES; AND AMENDING CHAPTEIZ 2.20, 1LOCA1L lLgCIENSING AUTlH[O1ZITY, '1CO ADD Alii APP]LICATgOlii IFEE FOIB BED AND BREA][«AST PERMITS; T~ ~EVISE THE FEE CHAIZGED TO TIZANSFER A ]LICENSE; AIVD SETTING FOl[t'g'H DETAILS I1V REGARD THERETO. WHEREAS, the State Legislature has enacted 12-47-118.5 C.R.S. permitting a local licensing authority to issue a Bed and Breakfast Permit ("B & B Permit") to overnight lodging establishments meeting certain requirements; and WHEREAS, the Town of Vail wishes to authorize the issuance of such permits in certain circumstances; and WHEREAS, the fee charged to issue a temporary permit is not listed in the Town Code; and WHEREAS, the fee charged to transfer a license as allowed by the State of Colorado is incorrectly stated in the Town Code; and , WHEIZEAS, the Town Council wishes to set a fee to be paid for the issuance of a Bed and Breakfast Permit, to list the fee charged to issue a Temporary permit, and to correctly state the fee charged to transfer a license. 1VOW, THEREFORE, BE IT ORDAIlVED BY THE TOWN COUNCIL OF THE TOW1V OF VAIL, COLORADO: Section 1. Chapter 5.32 of the Municipal Code of the Town of Vail is hereby amended with the addition of Section 5.32.040 to read as follows: 5.32.040 - BED AND BREAKFAST PERMIT A. PURPOSE This Section is enacted in accordance with 12.47.118.5 C.R.S. which authorizes a local licensing authority, at its option, to issue a bed arid breakfast permit, to a person operating a bed and breakfast establishment. B. BED AND BREAKFAST PERMIT The Local Licensing Authority of the Town of Vail is hereby authorized to issue a bed and breakfast permit, in lieu of a hotel and restaurant license, to a person operating a bed and breakfast establishment to offer complimentary alcoholic beverages to its guests. C. CONDITIONS A bed and breakfast permit may be issued, upon appropriate approval of the Local Licensing Authority to a person operating a bed and breakfast establishment subject to compliance with all of the following conditions: 1. A bed and breakfast permittee shall be an overnight lodging establishment that provides at least one meal per day at no charge other than a charge for overnight lodging and does not sell alcoholic beverages by the drink, not have more than twenty sleeping rooms offering complimentary alcoholic beverages for consumption only on the premises and only by overnight guests, and shall not serve alcoholic beverages by the drink and shall not servealcoholic beverages for more than four hours in any one day. 2. The applicant has filed with the Local Licensing Authority on forms provided by the Department of Revenue a completed application for a bed and breakfast permit. 3. Applicant may hold more than one bed and breakfast permit. 4. State fees. Twenty-five dollars shall be paid to the Colorado Department of Revenue annually in advance for each bed and breakfast permit. 5. Local fee. Twenty-five dollars shall be paid to the Town of Vail annually in advance for each bed and breakfast permit. D. PROCESS The bed and breakfast permit set forth in this Section may be granted by the approval of the Local Licensing Authority. A bed and breakfast permit issued in accordance with this Section shall be valid for a period of one year, and may be renewed annually. E. CANCELLATIOIV A bed and breakfast permit may be suspended or revoked in accordance with Section 12.47.110 if the permittee violates any provision of this article or any rule adopted pursuant to this article or fails truthfully to furnish any required information in connection with a permit application. Section 2. Section 2.20.110, Application Fees, is hereby amended as follows: 2.20.110 APPLICATTON FEES B. Transfer of a license -$250 G. Temporary permit - $100 H. Bed and Breakfast permits -$25 _ Section 3. If any part, section, subsection, sentence, clause of 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 of phrase thereof, regardless of the fact that any one or more parts, sections, clauses or phrases to be declared invalid. Section 4. . T'he 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, andy 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. INTRODUCED, READ AND APPROVED ON FIRST READING THIS day of , 1994, and a public hearing shall be held on this Ordinance on the day of , 1994 at 7:30 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. , Ordered published in full this day of , 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk INTRODUCED, READ AIVD APPROVED O1V SECOND READING THIS day of , 1994, and ordered published this day of , 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk RESOLUTIOfV NO. 25 SER9ES OF 1994 A RESOLUT80N AUTHOR9Z1NG CERTAIN T01NN @EflAPLOVEES AND OFFICIERS TO SBGN C9iECICS DRA1fV9NG OIV EX9STIBVG ACCOUIVTS OR ACCOUNTS TO BE OPENED IN THE FUTURE OF TIiE TOlIVN AT THE FIRSTBANK OF Ve4YL AND Fl.DRTHlER Afl.DT8-90RIZENG CERT'AlN EIIAPLOYEES OF THE TOVVN TO MAKE DEPOSITS IN SAe9D ACCOl9NTS. VVHEREAS, Resolution No. 17, Series of 1993 authorized certain Town employees and officers to sign checks drawring on existing accounts at FirstBank of Vail; and VVHEREAS, it is necessary to add to the list of employees and officers authorized to sign checks and make deposits in said accounts; and VVHEREAS, the bank requires a Resolution setting forth parties who are authorized to sign checks drawn on funds in the account and who are authorized to deposit in said account. NOUV, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The following employees of the Town is hereby authorized in the name of the Town, to collect, discount, negotiate, endorse, and sign all checks, drafts, notes, and other negotiable or non-negotiable instruments payable to the Town, or in wrhich the Town has an interest, and to draw, sign, and deliver, in the name of the Town, checks or drafts against the funds of the Town on deposit in said Bank. Pamela A. Brandmeyer, Assistant Town Manager or her successor; and R. Thomas Moorhead, Town Attorney or his successor. 2• For the purpose of deposit in the account of the Town with the Bank, any Town officer or employee of the Finance Department may endorse, sign, or deliver on behalf of the Town, any checks, orders, or other evidence of indebtedness for the payment of monies payable to the order of the Town. 3• In addition to those individuals specifically named and their successors, the Town Manager has the authority to appoint or nominate additional employees or officers to sign checks. Such authonty must be communicated to the Bank in writing with a sample of the individual's signature. 4. The authority of the aforesaid employees and officers to perform each and all the powers conferred by the foregoing Resolution shall continue until notice in writing, terminating 1 Rasolution No. 25, Series of 1994 such authority, shall be served upon said Bank and shall be noted upcin the certified copy of such Resolution as delivered to said Bank. 5. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of December, 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:W ESOLU94.25 2 Resolution No. 25, Series of 1994 RESOLUTION P90. 26 SERIES OF 9394 A RESOLUTIOBd APPF301/BNG THE TOliVN OF !lA9L PERSOIVIVEL Rl3LES AND REGULAT@ONS. WHEREAS, the Towrn of Vail Personnel Rules and Regulations, which outline the employment policies and procedures of the Town of Vail, have not been revised since January, 1990; and VUHEREAS, there have been amendments since January, 1990 that should and will be incorporated into the Personnel Rules and Regulations; and V1lHEREAS, due to developments in human resources, the law and the organization, it is necessary to revise and update the Personnel Rules and Regulations. IV01A/, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1: That the Town Manager take such action as is necessary to revise and adopt amended Personnel Rules and Regulations and take such administrative action as is necessary to place such Personnel Rules and Regulations into effect. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AfVD ADOPTED this 6th day of December, 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\RES01-1.19426 Resolution No. 26, Series of 1994 Q ORDBRBAOVCE NO. 25 SERBES OF 1934 Toww OF VAVL CABLE 4ELEVISiON FRANCFB6SE ORDINANCE 1. This chapter shall be known as the Cable Communications Ordinance. 2. PURPOSE The purposes of this ordinance are: a. Provide for the franchising and regulation of cable television within the Town of Vail. b. Provide for a cable communica4ions system that uvill meet the current needs of the Town and tha4 can be improved and upgraded to meet fiuture needs. c. Provide for the payment of fees and other valuable consideration to the Town for the use of the public ways and for the privilege to construct and operate cable communications systems. d. Provide for the regulation by the Town of certain ra4es to be charged to subscribers for certain cable communications senrices, as permitted by law. e. Provide for the development of cable communications as a means to improve communication betdveen and among the members of the public and public institutions of the Town. f. Provide remedies and prescribe by penalties for violation of this ordinance and any franchise granfed hereunder. 3. APPLICABILITY This ordinance is applicable fo any application for a cable franchise or:>franchise renewal filed on or after the effective date of this ordinance and to any such franchise qr.rerie~i~~ g;raMed thereafter. 4. DEFIiVITIONS For the purpose of this ordinance the following terms, phrases, words and the derivations shall have the meanings given herein. When not inconsisten4 with the context, words used from the present tense include the future, words in the plural number include the singular and words in the singular number include the plural number. The word shall is mandatory and 4he word may is permissive. !hlords not defined shall be given their common and ordinary meanings. a. "Access channel" shall mean any channel set aside for public use, educational use, or governmental use without a channel use charge. 1 Ordinance No. 25, Series oi 1994 b. "Access user" shall mean any person or entity entitled to make use of an access channel consistent with the intended purpose of the channel. c. "Application" shall mean a proposal seeking authority to construct and operate a cable communications system within the Town pursuant to this ordinance. It shall include the initial proposal plus all related subsequent amendments and correspondence with the Town. d. "BasEc' cable serv~ce" ; rnear~s; any senr~ce ~et wh~ch inclut~es;; if~ retransm~ssEar~ of Ioca~;bra~dcast teleVrs1 o: signals, or as th'e term;may I~e reclefined;ay T~tle 17 ofi the Unjted ~tates 0ode arid FederaE Commun~catrons :o,m1111sWoaT Reoirlations: e. "C6ble; service" shall mean the one way transmission of video programming and associated non-video signals to subscribers together with subscriber interaction, if any, which is provided in connection with the video programming. f. "Cable communications system" or system shall mean a non-broadcast facility consisting of a set of transmission paths and associate(i signal generation, and reception and control equipment, under common ownership and control, that distributes or is designed to distribute to public subscribers cable television services, institijtional services, or other communications services, but such terms shall not include: 1) A facility or combination of facilities that sE;rves only to retransmit the television signals of one or more television broadcast signals; ; 2) A facility or combination of facilities that serves only subscribers in one or more muttiple unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way; 3) A facility of a common carrier which is subject, in whole or in part to the provisions of Title II of the Communications Act of 1934, as Eimended; except that such faciliry shall be considered a cable system [other than for the purposes of 47 U.S.C. 541(c)] to the extent such facility is used and the transmission of video programming dirE:ctly to subscribers; or 4) Any facilities of an electric utility used solely for operating its electric utility system. g. "Town" is the Town of Vail, Colorado. h. "Channel" shall mean six (6) Megahertz (Mhx) frequency band which is capable of carrying either one standard video signal, a number of audio, digital or other non-video signals or some combination of such signals and which is at least six (6) Mhz wide. 2 Ordinance No. 25, Serias ot 1994 ~ i. "Connection" shall mean 4he attachment of the drop to the radio or television set or other communication device of the subscriber. j. "Converter" shall mean an electronic tuning device which converts transmitted signals to a frequency which permits 4he reception on an ordinary television receiver. k. "Council" or "Town Council" shall mean the governing body o the Town of Vail. 1. "Drop" shall mean the cable that connects a subscriber's terminal to the nearest feeder line of the cable communications system. M. "Easement" shall mean a right to use all public rights-of-way including public utility easements. n. "Feeder line" shall mean the coaxial or fiber optic cable running from the trunk line to line extenders and taps for the purpose of interconnection to individual subscribers. o. "FCC" shall mean the Federal Communications Commission. p. "Franchise" shall mean the non-exclusive right and authority to construct, maintain, and opera4e a cable communications system through use of the public streets, dedications, public utility easemenfis, or other public right-of-way or public places in the Town pursuant to a contrac4ual agreement executed by the Town and a Franchise. q. "Franchisee" or "Grantee" refers to an en4ity authorized to construct, or operate, or both, a cable communications system vuithin the Town pursuant to this chapter including any lawful successor, transferee, or assignee of the original Grantee. r. "Franc;tisse agre~ement"a tn±ens a franchise Qr~r~t ortiinar.ce:or a car~trac~;$) agreerr~e~~ ~0, n~ag ;tF~e spe-~f~c'~rovIstons 6~ the ~rar~ch1se grar~tetl;; inc~ud~ng ~eferent>es;' specif~ca~,gns, requ~~emer~s otl~er re#a~eri matte~s;: s. "Franctiise €ee° rnear~s any fee or assessme~t of any k~nd ~mp0setl ~ya franchist ngi;au#f3ori4y Q~ ~ gra~4ee as compensat~on far fhe grantee's ~se:ofi #he publtc eigMts 4f; way,' he term 7ffancttiise fi' daes:nat c#e: (1:) t~c* fe~ or assessment o# ger~eral app~i~bi#ity ncl~rd~r~g any s~ch tax, fee, or assessr~ent Jr~~asetl an both ut,l~ttes; anc~ P~61e o~ra~vrs c~r their serwI ~es; but €~ot ~nclutl~rtg a~c, ~ee or asssssmerr~~rh~cl~ 1s ~r~d~ly tl~scr~mir~at~ry aga~n$t cabie ope~ators ~r cabl~; sublikribers: , (2j C~pita~ ~cos~s ~uh~cM are ~equ~red b~ fih~ #~~r~chis~ 4d be inc~rred 'by g rar~tee #ar publlc*: ec~uc~iona~; o~ gov~rnmenta~ acc~ss; fa~~ 3 Ordinance No. 25, Series of 1994 j3) f~equ~ret~er~ts;o~ chariges irtcidenial tc~ #he awardtr~g ar enforcing of fhe frarichise; 1nciudi~g payments for bon~#s, security fqnds, lettecs # credit, ;~nsu~ar~ce; inctemni~catian; ;penaities, or liqurclated damages, ar (4} Any fee ;imposed under 'T~~#e 7, Um#ed;States Ggde~ t. "Grass rev etiu es" means tMe arin~ral;gross receip,s rece~v+ed by a g;rantee, frorri all;sources:o# oReraftons of the Cakile Teleuision ~ystem witf.in t~~e Tawn utiiJzing #he pubt~c s#reets ar~id ngh#s ofi way for ~nrh~0 ;a franch~se is reqeci in o~ier to cieliver sueh cab[e servicE;; exclutlmg refundable Aeposits, rebates ar:credits, except that ar~y sal~~s, exc~se or other taxes or: crges collectetl #or d~rect pass tt~ra~,gh ~o lacal, State or Fbd~eral g4),~amment, ofher #han the frarict~~se fee; shiall noi be 'inciuded u. "Installation" means the act of connecting the system from the feeder cable to the subscriber's receiver so that the installation is to the subscriber's terminal or receiver. v. "Institutional services" shall mean one and tmro way non-entertainment transmission services for businesses, public agencies and comnnunity institutions. Such services include, but are not limited to, video transmission and voice and data. communications. w. "Leased channel" or "leased access channel" :>hall mean any channel or part of a channel, availabte for commercial use on a fee basis by persons or entities other than a Franchisee. X. "Monitoring" shall mean observing a communications signal carried on a cable communications system, or the absence of such a signal, by any person without regard to whether such observation is by visual or electronic means. Monitoring shall not include system- wide sweeps of the cable communications system for purposES of vierifying the integrity of the system and controlling return path of the transmissions. y. "Pay Television" shall mean the delivery over the system of per channel audio-video signats to subscribers for a fee or charge in addition to the charge for basic service. Z. "Person" shall mean any person, firm, pari:nership, association, corporation, company, or organization of any kind. aa. "Pubtic,:. educational oF gove~hrner~tai ar,cess fae~lities" ,or "PEG access #aati#es" means ;t~e to€a14f 111e to (7 y~~ar~r~e1 eapa~ity designat+ei~ for ~o~ncommercia~ p~bleducatJar~~i; or govemment Vse, (2~ ac~l~es anct equ~pme~t f+ar the use flf such~ anr~e[;capacity: 4 Ordinance No. 25, Series of 1994 bb. "Ssry 166 area" or';"fraICNSB ar8g" means:!tt~e entire .geagraph~cal area witriin the:Tov~n; consfiituted ;or may in ttie #uture be :cor~s#ituted; unlessothenwise: sp~cifje~d:~i~ fhe;;franr.~ise or;pertr~~t:; cc. "Service tier" shall mean a specific set of cable subscriber services wrhich are made available as, and only as, a group for purchase by subscribers at a specific rate for the group. dd. "Street" or "public way" shall mean the surface and 4he space below and above any public street, road, highway, path, sidewalk, alley, court, or easement now or hereafter held by the Town for the purpose of public travel or public utilities and shall include public easements or rights-of-way. ee. "Subscriber" shall mean a recipient of cable television service or o4her services provided over a cable communications system. dd. "User" shall mean a party utilizing a cable communications systems facility for the purpose of production or transmission of material or information to subscribers. 5. REQUIREMENT OF A FRANCHISE It shall be unlawrful to construct, install, maintain, or operate a cable communications system or part of a cable communications system within the Town without a valid franchise obtained in accordance with the provisions ofi this chapter. 6. GEfVERAL FRAfVCHISE CHARACTERISTICS Any franchise issued in accordance with the provisions of this chapter shall be deemed to: a. Authorize use of the public vuays for installing cables, wires, lines and other facilities in order to opera4e a cable communications system, but shall nei4her expressly nor implied be deemed to authorized the Grantee to provide service o, or install cable, wires, lines, or any other equipment or facilities upon private property without owner consent, or to utilize publicly or privately owned utili4y poles or conduits without a separate agreement with the owners therefore; b. Be non-exclusive, and shall neither expressly nor implied be deemed to preclude the issuance of subsequent franchises to operate one or more cable communications systems within the Town; and c. Convey no property right to the Franchise or right to renewal except as required by Federal and State faw. 5 Ordinance No. 25, Series of 1994 7. FRANCHISE AS A CONTRACT A franchise issued pursuant to the provisions of this cihapter shall be deemed to constitute a contract between the Franchisee and the Town. "fhe Franchisee shall be deemed to have contractually committed itself to comply with the terms, conditions, and provisions of the franchise documents, and with all rules, orders, regulations, ancl deteriminations applicable to the franchise which are issued, promulgated, or made pursuant to the provisions of this chapter. 8. CONFLICTS a. All terms, conditions and provisions of this chapter and the application fnr a franchise shall be deemed to be embodied in a franchise, anid conflicts in terms, conditions or provisions between these documents shall be resolved as follows: 1) The express terms of this chapter shall prevail over conflicting or inconsistent provisions of the franchise; 2} The express terms of the franchise shall prevail over conflicting or inconsistent provisions in the application and any request for proposals; and 3) The express terms of any request for proposals shall prevail over conflicting or inconsistent provisions in the application for the firanchi;>e. b. The provisions of the franchise shall bia liberally construed in order to effectuate its purposes and objectives consistent with this chap'ter anci the public interest. In the event one or more provisions of the franchise or this chapter or :subsequently found to be unlawful, null and void or unenforceable, the Town shall, at its solE: option, have the right to consider said provisions severed from the franchise so ,3s to continue the franchise's effectiveness, in accordance with the terms of this chapter. i4ny franchise agreement will be construed under the laws of the State of Colorado. 9. Franchisee SUBJECT TO POLICE POWER A Franchisee shall, at all times during the life of a franchise, be subject to all lawful exercise of the police power by the Town and through such lawrful regiulations as the Town shall hereafter enact. The construction, operation, and maintenance of the system shall also be in full compliance with all other applicable rules and regulations now in effect or hereafter adopted by the United States, the State of Colorado, or any agency of saici governments. r 10. FRANCHISE VALIDITY A Grantee shall agree, by the acceptance of a franchi:;e, to accept the validity of the terms and the conditions of this ordinance and the franchise in their entirety and that the Grantee will not, at any time in any claim or proceeding, challenge ariy term or provision of this 6 Ordinance No. 25, Serias ot 1994 ordinance or the franchise as unreasonable or arbitrary or argue that the Town did not have authority to impose such term or condition. 11. FILING OF APPLICATIOiVS Applications for a cable communications franchise will be considered pursuant to the following procedures: a. An application may be filed at any time or pursuant to a request for proposals issued by the Town. b. Upon the filing of an application, the Town shall publish notice of the filing in a newspaper of general circulation in the Tovvn. Any person vvishing 4o submit any comment on the application shall, within fifteen (15) days of the date of notice of the first application, file such comment with the Town Manager. c. All applications to be acceptable for filing must be accompanied by a filing fee of ten thousand sixty dollars ($10,060). The Tovun shall apply all filing fees received against all costs associated with its evaluation of any pending applications pursuant to this chapter. In the event that total costs are less than the total filing fees, the Town shall refund a portion ofi the filing fee on a prorated basis for each Appticant within forty-fiive (45) days after franchise grant. The Towrn shall furnish applicant writh documentation of all costs incurred at that time. 12. COiVTEiVT OF APPLICATIONS To be acceptable for filing, an application must conform 4o any applicable request for proposals and all the information specified therein. UVhere an applica4ion is not filed pursuant to a request for proposals shall contain at minimum, the following in#ormation: a. Indemnification of the ownership of the Applicant, if not a natural person, including the names and addresses of all persons with one (1) percent or more ownership interest and the ultimate controlling natural persons and identification of all officers and directors and any other primary business aifiliation of each. b. Anindication vvhether or not the Applicanf, or any entity controlling the Applicant, inctuding any ofificer ofi the corporation or a major stockholder 4hereof, has been adjudged bankrupt, has had a cable franchise revoked, or been found guilty by any court or administra4ive agency in the Uni4ed States of: 1) A violation of a security or antitrust law; or 2) A fielony or any other crime involving moral 4urpitude. Identify any such person or entity and fully explain the circumstances. 7 Ordinance No. 25, Series of 1994 c. A demonstration of the Applicant's technic3l and financial ability to construct and operate the proposed cable facility. d. A description of the physical facility proposed, including channel capacity including one way and two way, if any, the area to be served, a summary of technical characteristics, and head end and access facilities. e. A description relating how any construction will be implemented, identification of areas having above ground or below grounid cable facilities, the proposed construction schedule, and a description where appropriate, indicating how service will be converted from any existing facility to a new facility. f. A description of the services to be provided over the system, including identification of television signals, both broadcast and non-broa;dcast, to be carried and all non- television services to be provided initially. Where service will be ofifered by tiers, identify the signals or services, or both, to be included on each tier. g. The proposed rates to be charged, including rates for each service tier, as appropriate, and charges for installation, converters and other ;;ervices. h. Information as necessary to demonstrate compliance with all relevant requirements contained in this chapter. i. A demonstration stating how the proposal is reasonable to meet the future cable related community needs and interests. In particular, the application should describe how the proposal will satisfy the needs as analyzed in any recen't comrnunity needs assessment commissioned by the Town. j. A demonstration how the proposal was designeid to be consistent with all federal and state requirements. k. Pro forma financial projections for each :year of the franchise term. The projections shall include a statement of income, balance sheet, statement of sources and use of funds, and schedule of capital additions. All significant assumptions rhall be explained in notes or supporting schedules set accompanying the projections. 1. A complete list of all cable communicationis systems in which the Applicant or a principle thereof hotds an equity interest. M. An affidavit of the Applicant or duly authorized officer thereof certifying, in a form acceptable to the Town, the truth and accuracy of the information contained in the application. 8 Ordinance No. 25, Series of 1994 n. In the case of an application by an existing Franchisee for renewed franchise, a demonstration that said Franchisee has substantially complied with the material terms of the existing franchise and with applicable lawr. o. Any person who files an application with the Town for a cable communications franchise shall forewith, at all times, disclose to the Town, in writing, the names, addresses, and occupations of all persons who are authorized to represent or act on behalf of the Applicant in those matters pertaining to the application. The requirement to make such disclosure shall continue until the Town shall have rejected an Applicant's application or until an Applicant withdraws its application. 13. CONSIDER,4TIOfV OF APPLICATIONS a. The Town shall consider each application for a franchise with the applications found to be acceptable for filing and in substantial compliance uvith the requirements of this chapter and any applicable request for proposals. In evaluating an application, the Town will consider, among other things, the ApplicanYs past service record in other communities, the nature of the proposed facilities and services, including rates to be charged therefor, and whether the proposal is adequate to meet the future cable related community needs and interests of the citizens of the Town. Where the application is for a renewed franchise, the Town shall consider whether: 1) The cable operator has substantially complied with the material terms of the existing franchise and with applicabte law; 2) The quality of the operator's service, including signal quality, response to consumer complaints, and billing practices, but without regard to fhe mix quality, or level of cable services or other services provided over the system, has been reasonable in iight of community needs; 3) The operator has the financial, legal and technical ability to provide the services, facilifies and equipment as set forth in the operator's proposal; and b. VUhere the Tovvn determines that an ApplicanYs proposal, including the proposed service area, would serve the public interest, and may grant a franchise to the Applicant. The franchise agreement uvill constitute a contract, freely entered into, between the Town and the Grantee. Said franchise agreement shall incorporate by reference the relevant provisions of this chapter. Any such franchise must be approved by ordinance of the Town Council pursuant to the ordinances of the Town and the Charter of the Town. 9 Ordinance No. 25, Series of 1994 c. In the course of considering an appfication for renewed franchise, the Council shall hold a public hearing, consistent with the provis;ions of 47 U.S.C., Section 626 as existing or as may from time to time be amended. d. A franchise granted pursuant to this ch.apter shall not take effect until the Applicant pays a grant fee to the Town. The grant fee shall be equal to the Town's reasonable direct costs in the franchising process, less the application filing feE; received. The Town shall provide the Grantee a statement summarizing such costs prior to th(; execution of the franchise. 14. ACCEPTANCE A franchise and its terms and conditions shall be accepted by a Grantee by written instrument, in a form acceptance to the Town Attorney, and filE;d withi the Town Clerk within thirty (30) days after the granting of the franchise by the Town. In its acceptance, the Grantee shall declare that it has carefully read the terms and conditions of this ordinance and the franchise and accepts all of the terms and conditions of this ordinance and the franchise and agrees to abide by same. In accepting a franchise, a Grantee shall indicai:e that it has relied upon its own investigation of all relevant facts, that it was not induced tc) accelpt the franchise and that it accepts all reasonable risks relating to the interpretation to the franchise.; 15. FRANCHISE TERM The term of a franchise shall be as specified in the franchise agreement, but it shall not exceed fifteen (15) years. If a Franchisee seeks authorit~i to operate a cable system in fihe Town beyond the term of its franchise, it shall file an application for a renewed franchise not Iater than thirty (30) months prior to the expiration of its franchise. 16. FRANCHISE FEE a. The Franchisee in consideration of the privilege granted under a franchise for the use of the public ways and the privilege to construct anij operate a cable communicatiuns system, shall pay to the Town five (5) percent of its annual gross revenues or; if more thari fF.e pe~c:e~tt ~5°~0} is<p~rmitted fay Igwr,;the amount.;pr~~ded lrt the ft~;r~ctE~se:~g{eeirtent fo~ tMe't~rrn; o#:the franchise> b. A Franchisee shall file with the Town, thirty (30) days after the last day of each quarter, a financial statement showing the gross revenues received by the Franchisee during the preceding quarter. A Franchisee shall pay the quarterly portion of the franchise fee to the Town on or before the time such financial statement is due to be fited. With each payment required by this Section 902 the Franchisee shall submit a writt:en statement, signed and certified by the Franchisee to be true and correct, showing for the immeldiately preceding calendar quarter 10 Ordinance No. 25, Series of 1994 the amount of gross revenues, the amount of all revenues derived from the system and an itemization of all permissible deductions therefrom to arrive at gross revenues. The Franchisee shall also submit to the Town on or before the 30th day following the end of each calendar year and follovving the expiration or termination of this franchise a written statement, signed and certified by the Franchisee to be true and correct, showing for the immediately preceding year or partial year, as applicable, the amount of gross revenues, the amount of all revenues derived from the system and an itemization of all permissible deductions therefrom to arrive at gross revenues. The Town shall have the right on thirty (30) days notice to the Franchisee to demand that the annual statement be certified to be true and correct and in compliance with the requirements of this ordinance by both the Franchisee and an independent certified public accountant in accordance with sound and accepted accounting practice. The statements referred to in this subsection shall be in such form and style and contain such details and information as the Town shall reasonably designate. The accep4ance by the Towrn of payments or reports thereof shall be without prejudice and shall not constitute a waiver of the Town's right to claim a deficiency in the payment of franchise fees or 4o audit the Franchisee's books and records, as hereinafter set forth. c. Upon #ive (5) days prior written notice to the Franchisee, the Town shall have the right to cause a complete audit to be made of the books and records of the Franchisee with respect to the System. If the results of such audit show that the Franchisee's statement of gross revenues for any period ending not more than three (3) years prior to the commencement of the audit has been understated by three (3%) percent or more, then the Franchisee shall pay the Town the cost of such audit, any deficiency payment shown by such audit to be due and interest thereon at the agreed rate. A report of the findings of the Town's accountant shall be binding and conclusive upon the Franchisee and the Town. d. In the event that any franchise payment is not received by the Town on or before the applicable date, interest shall be charged from such due date at an annual interest rate then chargeable for unpaid federal income taxes (26 U.S.C., Section 6621). In addition 4o the foregoing, the Franchisee shall pay a la4e charge of five (5) percent of the amount of such payment. Interest and late charges will no4 be chargeable to the Franchisee for additional payment required under the yearly adjustment, provided that such payment does not exceed ten (10) percent of the total monthly payments made during the year. In the event such payment exceeds ten (10) percent, the Franchisee shall be liable for interest and late charges for the entire amount. 11 Ordinance No. 25, Series of 1994 e. In the event a franchise is revoked or otherwise terminated prior to its expiration date, the Franchise shall file with the Town, within ninety (90) days of the date of revocation or termination, an audited financial statement showing thE; gross revenues received by the Franchisee since the end of the previous year and shall rnake adjustments at that time for the franchise fees due up to the date of revocation or termination. 17. INSURANCE, BONDS, INDEMNITY a. Upon the granting of a franchise and following :simultaneously the filing of the acceptance of the franchise and at all times during the term of the franchise including the time for removal of facilities or management as a trustee as provided for herein, the Franchisee shall obtain, pay all premiums for, and deliver to the Town written evidence of payment of premiums for and the originals of the following: 1) A general comprehensive public liability policy or policies indemnifying, defending, and saving harmless the Town, its officers, boards, commissions, agents, or employees from any and all claims by any person whatsoeve:r, including the costs, defenses, attorneys fees, and interest arising therefrom on account of injury to or death of a person or persons occasioned by the operations of the Franchisee undeir the franchise herein granted, or alleged to have been so caused or occurred, with a minimum liat>ility of one million dollars ($1,000,000) per personal injury or death of any one (1) person and three million dollars ($3,000,000) for personat injury or death, of any two (2) or morP persons in any one (1) occurrence. The policy shall be endorsed adding coverage ag,3inst all claims for personal injury liability offenses. 2) A property damage insurance policy or policies indemnifying, defending, and saving harmless the Town, its officers, boards, commissic?ns, agents, and employees from and against any and all claims by any person whatsoever, including the costs, defenses, attorneys fees, and interest arising therefrom, for property darriage occasioned by the operation of the Franchisee under the franchise herein granted, or alleged tn have been so caused or occurred, with a minimum liability of five hundred thousandl dollairs ($500,000) for property damage to the property or any one (1) person and one million dollars ($1,000,000) for property damage to the property of two (2) or more persons in any onei (1) occurrence. 3) A performance bond or bonds in favor of the Town with good and sufficient surety approved by the Town in the sum set fc,rth in the franchise agreement conditioned upon the faithful performance and discharge of the obligations imposed by tfiis ordinance and the franchise awarded hereunder from the date hereof. The amount of the bond 12 Ordinance No. 25, Series of 1994 may be reduced as any construction that is required is completed, consistent with the franchise agreement. b. The bond requirements se4 forth above shall no longer apply upon completion of construction and inspection by the Town as follows: (1) Franchisee shall give notice to the Town at such time as Franchisee has completed the construction. (2) Upon receipt of notice, the Town shall have sixty (60) days to receive a written report from an independent engineer; provided, however, if the Town fails to receive such a written report within the sixty (60) days the completion of construction shall be deemed to have taken place, unless the failure to receive such a report is due to unforeseen events, acts of God, or events beyond the reasonable control of the Town. (3) Notwithstanding anything to the contrary, the Town may condition completion of the construction upon receipt of a written report from an independent engineer. The completion of the system upgrade or system rebuild shall not be deemed to have taken place until the independent engineer reports the followring: (a) ,411 construction or improvements contemplated by the Franchisee have been completed or othenwise satisfactorily resolved; (b) Satisfactory test results using the technical standards for:bable: systerns estabirshed b~ #l~e FCC at up to ten (10) widely separated subscriber drops selecfed by the independent engineer. c. All bonds and insurance policies called for herein shall be in a form satisfactory to the Town Attorney. The Town may a4 any time, if it deems itself insecure, require a Franchisee to provide additional sureties to any and all bonds or to replace existing bonds uvith new bonds for good and sufficient surety approved by the Town. d. ,4 Franchisee shall, at its sole cost and expense, indemnify and hold harmless the Town, its officials, boards, commissions, agents and employees against any and all claims, suits, causes of action, proceedings, and judgments for damage arising ou4 of the operation of the cable communications system by Franchisee under the franchise. These damages shall include, but not be limited to, penalties arising out of copy right infringements and damages arising out of any failure by Franchisee to secure consent from the owners, authorized distributors and licensees or programs to be delivered by the Franchisee's communications system whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchise. Indemnified expenses shall include, but not be limi4ed to, all out-of-pocket 13 Ordinance No. 25. Series of 1994 expenses, such as costs and attorneys fees, and shall also include the reasonable value of any services rendered by the Town Attorney or his or her assistants or any employees of the Town. e. No Franchisee shall permit any policy or bond to expire and the Franchisee, not less than thirty (30) days prior to its expiration shall deliver, to the! Town a substitute renewal or replacement bond or bonds in conformance with the provisions olf this ordinance. 18. LETTER OF CREDIT a. The Town may at its discretion require tlhat a Franchisee obtain a letter of credit. When and if the Town should so require, the Franchi;;ee shall deposit with the Town a letter of credit from a financial institution approved by the Toym in the amount of fifty thousand dollars ($50,000). The letter of credit may not be revoked or terminated during the term of the franchise except with the written approval of the Town. The form and the content of such letter of credit shall be approved by the Town Attorney. The letter o1P credit shall be used to insure the faithful performance by the Franchisee of all provisions of thE~ franchise and of this ordinance; compliance with all orders, permits, and directions of any agency; comrnission, board, department, division, or office of the Town having jurisdiction over its acts or defa.ults under this license; and the payment by the Franchisee of any claims, liens, and taxes, due the Town or other municipalities which arise by reason of the construction, operation or maintenance of the system. b. The letter of credit shall be maintained by thE. Franchisee at finrenty five thousand do!lars ($25,000) during the entire term of the franchise as the Town may require, even if funds are drawn against it pursuant to this ordinance. c. The letter of credit shall contain the following E;ndorsement: "It is hereby understood and agreed that this letter of credit may not be cancelled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after the receipt by the Town Attorney, by certified mail, of a rNritten notice of such intention to cancel or not to renew." d. At the Town's option it may draw againsi: the letter of credit for any unpaid liquidated damages, franchise fees, or other amounts owing tc> it uncier the franchise which are thirty (30) days or more past due. The Town shall notify the Franchisee in writing at least ten (10) days in advance of drawing upon the letter of credit. 19. LIQUIDATED DAMAGES In the event that the Town finds the FranchisE;e is iin violation of any material obligation under this ordinance or the franchise, the Town sh2ill notify the Franchisee in writing of such apparent violation and require the Franchisee to cure thel default within a reasonable time. 14 Ordinance No. 25, Series of 1994 The Franchisee shall respond in writing to the notice of violation writhin ten (10) working days from receipt of such notice setting fiorth the steps taken to correct or propose to correct the violation. The Town may extend the time for such response upon a showing of just cause by the Franchisee. Franchisee may, vvithin three (3) days of receipt of such notice, notify the Town that there is a dispute as to vuhether a violation or failure has in fact occurred. Such notice by the Franchisee to the Town shall specify with particularity 4he matters disputed by the Franchisee and shall stay the running of the above described time. The Town shall hear the Franchisee's dispute at a regularly scheduled meeting within a reasonable period of time. If after hearing the dispute, the claim is upheld by the Town, Franchisee shall have five (5) days from such a determination to remedy 4he violation or failure. The Town may assess penalties as followrs: a. Up to one hundred dollars ($100) per day for construction related violations. b. Up to fifty dollars ($50) per day for recurring violations. c. Up to five hundred dollars ($500) for other viola4ions. The penalties set forth herein are in addition to all other rights of the Town whether reserved by this franchise ordinance or authorized by law and no action, proceeding or exercise of a right with respect to such penalty shall affect any other right the Tovvn may have. 20. FORFEITURE ,4ND TERfifiINATIOIV a. In addition to all other rights and powers retained by the Town under this ordinance and any franchise issued pursuant thereto, the Town resenres the right to forfeit and terminate the franchise and all rights and privileges of the Franchisee in the event of substantial breach of its fierms and conditions. A substantial breach by the Franchisee shall include, but shall not be limited to, the following: 1) An uncured violation of any material provision of this ordinance or franchise issued thereunder, or any material rule, order, regulation, or determination of the Town made pursuant thereto; 2) An at4empt to evade any material provision of the franchise or practice of any fraud or deceit upon the cable communica4ions system customers and subscribers or upon the Town; 3) Failure to begin or substantially complete any system construction or system extension as set forth in the franchise; 4) Failure to provide the mix, quality, and level of senrices promised in the application or specified in the franchise or a reasonable substitute therefor; 15 Ordinance No. 25, Series ot 1994 5) Failure to restore service after ten (10) consecutive days of interrupted service except when approval of such interruption is obtained from the Town; 6) Material misrepresentation of fact in the application for, or during negotiation relating to, the franchise; 7) Failure to provide surety and indemnity as required by the franchise or this chapter. b. The Franchisee shall have no liability to the Touvn, nor shall the Town have the right to terminate or revoke this franchise or invoke penalties in eiccordance with Section 19 of the Cable Ordinance as a result of any failure of the FranchisE;e to perform, or delay by Franchisee in the performance of, its obligations hereunder (other than to pay the franchise fee and other payments required by this Agreement) if such failure or delay is caused by factars beyond the control of the Franchisee, including without limitation, any flood or other Act of God, laws, regulations, rules or orders of any governmental agency, sabotage, strikes, lockouts or job actions, failure or delay in transportation or the unavailability of ;any product or material necessary to the performance hereof; provided that Franchisee has exercised all due care to prevent the occurrence of such events which are reasonably foreseeable, iricluding without limitation, actively pursuing alternative products, materials and means of transportatiorv. In the event that delay in performance or failure to perform affects only part of Franchisee's cEipacity to perform, then the Franchisee shall perform to the extent it is reasonably able to do so. 'The Franchisee agrees that the excuse for nonperformance under this Section shall last only so long as the act which excuses performance under this Section shall continue withoiut interruption. In correcting any causes of nonperformance and in effecting any partial pertormance, Franchisee shall take all necessary corrective actions as expeditiously as possible. c. The Town shall make a written demand by certified mail that the Franchisee comply with any such provision, rule, order or determination uinder or pursuant to the franchise. If a violation of the franchise continues for a period of thirty (30) days following such written demand without written proof that the corrective action has not been taken or is being actively and expeditiously pursued, the Town may consider terminating thE; franchise; provided, however, a written notice thereof shall be given to the Franchise at least fifi:een (15) days in advance and the Franchisee must be given an opportunity to appear before the Counc;il to present its arguments. Should the Town determine, following the public hearing, that trie violEition by the Franchisee w,as the fault of the Franchisee and within the Franchisee's control, the Town may, by resolution, dectare that the franchise be forfeited and terminated; providE;d, however, the Town may in its 16 Ordinance No. 25, Series ot 1994 discretion, provide an opportunity for the Franchisee to remedy the violation and come into compliance with the franchise and 4his ordinance so as 4o avoid 4he termination. 21. INSOLVERICY The franchise granted hereunder may be terminated prior 4o its expiration if the Town Council finds that Franchisee becomes insolvent, unable or unwifling to pay its debts as they become due, files a petition for relief under any state or federal bankruptcy, reorganization, insolvency or similar law (or any such petition is filed against the Franchisee and is not dismissed without sixty (60) days), is adjudged as bankrupt, assigns all or a substantial part of its assets for the benefit of its creditors, all or part of Franchisee's facilities are sold under an instrument 40 secure a debt, or a receiver is appointed with respect to all or a substantial part of the Franchisee's assets or stock. 22. REMOVAL OF CABLE COfViflNUfVICATIOiVS SYSTEM In the event this franchise agreement expires, is revoked or otherwise terminated, Franchisee shall remove at its own expense all designa4ed portions of the cabfe communications system from all streets and public ways within the Town. In removing its plant, structures and equipment, Franchisee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways in as good a condition as 4hat prevailing prior to Franchisee's removal of its equipment and appliances without a#fec4ing the electrical or telephone or other utili4y lines, wires, pipes or attachments. The Town may inspect and approve the condition of the public ways, cables, wires, attachments and poles after removal. The liability, indemnity and insurance as provided herein and in 4he Vail cable 4elevision ordinance shall continue in full force and effect during the period of removal and until full compliance by Franchisee with the terms and conditions of this paragraph and this ordinance. In the event of a failure by Franchisee fo complete any work required by this franchise agreement or the Vail cable television ordinance, or any o4her work required by Town law or ordinance within the time as may be established and to the satisfaction of the Town, the Town may cause such work to be done. The Franchisee shall reimburse the Town the costs thereof within thirty (30) days after receipt of an itemized list of such costs. 23. SUBSCRIBER FEES AIVD RATES a. The initial fees to be charged 4o subscribers for all services including installation fee and other one time charges shall be specified in any franchise agreement issued pursuant hereto. 17 Ordinance No. 25, Series of 1994 b. Those fees and charges which are subject to regulation by the Town in accordance with Federal law shall not be increased without prior approval of the Town. c. In order to obtain Town approval for rate increases, the Franchisee shall file a revised schedule of rates with the Town at least ninety (90) day:s in advance of a proposed rate increase. Subscribers shall be notified of the proposed increaaes within ten (10) days of notice to the Town. This filing shall specify the rates or fees; to be increased and associated regulations which may affect charges to the subscribers and tfie justifications for said increases and charges. The Franchisee shall promptly submit any additional supporting information requested by the Town. d. Within thirty (30) days of the rate increase filing, the Town shall schedule a public meeting before the Council to hear subscriber and Franchisee comment on the proposed increase. Following the public meeting, the Council shall determine whether or not to grant the proposed increase or a portion thereof prior to the expiration of said ninety (90) day period. e. Rates shall be just and reasonable, considering the Franchisee's costs, including a reasonable rate on investment over the remaining term of the franchise, and shall not give any undue or unreasonable preference or advantagE: to any subscriber or class of subscribers. f. Rates and charges may be reduced at any time without prior Town approval, provided that the reductions do not result in rates whic:h are unreasonably discriminatory to any subscriber or class of subscribers. Where temporary reductions are put into effect for promotional purposes for a specified time period, a return tc) the plermanent rate shall not be considered a rate increase for the purpose of this Chapter. The 1'own shall be notified of alt reductions in rates whether permanent or temporary. g. Rates and charges not subject to regulal:ion by the Town under Federal law or regulation may be changed by the Franchisee following a minirrium of thirty (30) days prior notice to the Town and a minimum of thirty (30) days prior notice to all subscribers of basic service. 24. REPORTS a. Annual Report No later than one hundred twenty (120) days after the end of the each Franchisee's fiscal years, the Franchisee shall file a written report with the Town which shall include: 18 Ordinance No. 25, Series of 1994 1) A summary of the previous calendar year's activities and development of the system, including but not limited 40, services begun or dropped, number of subscribers, including gains and losses, homes past, and miles of cable distribution plants and seniice. 2) A financial statement certified by an officer of the Franchisee including a statement of incame, a balance sheet, and a statement of sources and applications of funds. The statement shall include notes that specify all significant accounting policies and practices upon which it is based, including, but not limited to, depreciation rates and methodology, overhead and interest system cost allocation methods, and basis for interest expense. A summary shall be provided comparing the current year with the three previous years. The statement shall contain a summary of the payments. 3) An annual summary of complaints received. 4) An annual projection of plans for the future. 5) An annual report of the company. 6) A current annual statement of cost of construction by component category. 7) An owrnership report, indicating all persons, who at any time during the preceding year directly controlled or benefiited from an interest in the franchise of five (5) percent or more of the Grantee. 8) A copy of all the Franchisee's rules and regulations applicable to subscribers and users of the cable communications system. b. Additional Reports The Franchisee shall prepare and furnish to the Town at the times and in the form prescribed, such additional reports writh respect to its operation, as may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the Town in connection with this ordinance or the franchise agreement. 25. RECORDS REQUIRED a. Mandatory Records The Franchisee shall at all times maintain: 1) A record of all complaints received during the 4erm of the franchise. 2) A full and complete set of plans, records and "as build" maps showing the exact location of all cable television system equipment installed or in use in Town, exclusive of subscriber senrice drops. 19 Ordinance No. 25, Series of 1994 b. Inspection by Town Upon reasonable notice to the Franchisee, the Town shall have the right to inspect all property, maps, and records relating to the cEible operations at any time during normal business hours. All records required by the Town ifor suc:h inspection shall be made available within the Town of Vail, Colorado, within a reasonable time after the request. 26. FILINGS The Franchisee shall mail or deliver a copy of all filiings it makes with State and Federal agencies to the Town Clerk. Said copy shall be mailed or delivered on the filing date. 27: CONS!lJM£R: PRQTECTIC?N A#tiD~~~SERVICE S~TANDARDS a; Except as otheFwise Provitled;in tho! franchise~ agreern ent, the Frar~ct~ise~. shall maintajri the necess~r~r fiacilit~es, e4,ripr~er~t ar~d persc~nnel campiy :with tkie fo#Io~ving consumer pratecfion ar~d servi~e standards und~r nQrrn~ii d~'a~~> af ~peratifln: 1) Sufficrent 4011 frQe tel~pl~ane IinL cap~~city di~ring ndrrlal bus,iness h~aurs to assure #hat a m~nir~um of n~ne;ty f1VQ ;percent (95°lp) of alt calls vvilt be answere~t before tFre foU r#h (4th) r,ngand nEnety percerit (9€3~/oj o# atl c2€ilers;far se~vi~,e vuilt r~o# I~a requirec4 tt~ wait rnore th;e*n #hirty (30) seaoniis b~fare being connect~d t0 a:service rePresmtative:<. 2) E~ergenc#e y teRhone 6r~e cgpacity ori wenty four {2~}' hour ba~is; incl.udrng w~ekentl~ ahhlal~c~ys: P) A1acal busm+ess a~rd>ssnrice o~#~ce open dErring n~rma! businsss :haurs , at.least eight (8) hflurS daiiy, an~;;a# least ~our;;(4) t~ours weeh~y oin, eve;rtings or weekencig;, and ~clequately st~f€ed t~ accept subscrila~r payc~ter~M and r~ssp~ndl t6; serjri~e requ~e~ts Ar~d compla~nfs: 4; Ar~ emerger~cy system rna~nter~ar~~e'' an€d repa~rstaff, <capabi& ~f responding fio and repa~rh ng :maJflr sysfeM malfiunc~aii an atnnanty #E~v~ {2~.) hQUr per day bas~s~: 5) ~n i~staliatioh stafi€, c~pa~l~ Q# ir~staltiang;;serrr#ce;~o any subscriber>with ir~ seven (7) days $ft~r,recerp#;o# a request, i~ alL areas where ~urik aind feeder'oable have been actfvafeci: 6} Attt~e subscr~ber's req~.rest, Franch;se13 si~i~f s~hetl~,le, within aspe~,f~ed #aur (4) hour t~me per~adr aliappa~r~ttnerits wjtti'subs~r~aers!foj jristapa6an of service: 7} '~'t~e ~ra <sh~ atl re d r~er eff~e~rt s~Sr~ri~e, rnske repairs promp#~yr ~nd ~n~~rrupt se~rt~e'~nt~ fflt goad cause and'fo~ ~e shor#est t!me pas~~bl~R ~cheduled jrrterruptibr~s insofar as poss~ble, sh;a~! be;preceded by;r~otice and;~alf bccuirtlunn~~ ~:periad of mirnum.u~e of the cable system,;prefe~ablp between'ir~itlriight antt six A:NI jfi:QO A Nl 20 Ordinance No. 25, Series ot 1994 S) ~"he Franch~see sf~a€I mai~fam a repa~r;fo~`ce':;bf #ectin,aans narmally c~pabfe of respor~tling t~ subscglaer requests ;fflr service wit#am the ~Qi~owmg time frames: a~~r a systern Qutage' i~ithrrt ~wo {2j k~ow~s, A ~c#utling vueekend of recervjng aubscr~bet calis or req~;ests;fo~ s0n~~ce wh~ ch by r~~,mber ~dnti€y a systeri~ bu#age of sotand or ~bd4ur~ ofi ci€~~ j br Md-r±e chahnels, aff~cting ;;at ~east ten; percent {it)°rA) o# the sUk~Si;Ylk~EfS af th$ $ySt611'1:: k~ ~ar ar~ ~solatetl ~uta~e ~Uit~~r~ twenty four (24) hoursJn~tud?r~g weelcends, of rec~~~ng reqs~ests #or service tderitlfyang, ~t~ ~sal~ted.:outsge of sound or {~~cture #or on;e (1) or marei; channe ls tt~at affeets ~~ree -3;or mti€e subscrit~er Q , . . ~ . s ri v~eeken~is, ;$n ouAge: affeciing feuver than tE~ree (3)subscri~ets;;shall resu~~;in a seiv10e +cal# ~o;l~te~ tti~n thie fallouvirtg; Monda ~ morni~~ cf:or irtferior sigrial qU ali~r 4Nithi~ ~otty-~igh~ 148Y k~ours, incEudin~ ~v~ekends; af r~ceiVi!r~g a r~quest for ser~r1oe ~cientify~rig ~ problem: wr~cerning;p~ct~re or soun~ ;quaIity~; 9 h~ ~=~Anct~isee; shalt;be deemed to have tesporr~ed to a: r~~quest fior ser~~ce ~~der tt~~ ~ar~viston5 :ofi #hJs ;Sectp~n a~l~en a tech~icir~ atmres at the serurce ~~cationc at~d begjins vuprk ar~ ;the prab~em ;lr~ the case of a subsc~iber, r~ot taeing horne ~rhen the techn~ctafi' arn~es, tFi!e techn~c~~n ;S#~afi( leauewritt en' nfltif~~at~an a;f arrrval Three ~3} sUccessiVe subscriber fajlures to>be presenfi at a~; appointed f~~rie shml excuse Graintee ~f the tlu~y tnd: 0) T~W rt~hi~~e sh~il r~o4 hrg;e for 4he rep~ir or:; lacernert:t ofi defecirve ec}wpt~tien~ pi'o~~de~ by the fIhis~e to subscrit~et's: 1<~~ t1r~~ess ~xccs~d, ~e! Frar~ch~see; shall i~etermHne the nPture aft~~' praka#ett~ with~n #arty eigt~t ~~8) ho~cs of beg~nr~ing a~orl~ a~J resotye 'acabJe ~ystem related prebiems ~rtthJn :~~~re business days ur~les~ ~ec~r~ic~,il~ ~nfeasible:: 12} ~pop r~clpest, ~e ~rar~c~isee shall prova~rapr(ate rebates Aa' subs~~b~gs ~rhose se~iice h-as beer~ ~rrteyupte~ lar fQUr ~4); Qr pare ~aurs: ~i,3~ i~p+or~ #'~rr€ {5~ rla~s r~4fice, ~he ~'rar~ch,see:~~( est~l~sh Jts camie~nce wi2h ; any or a11, o# fihe;: star~dards ;req~~resi ab~~ ThrP Fr~rchisee sh~lt prov~de suff~c:e~rt docurnentat,on to; permit ffie:T0v+m to verif}r the compliance 14) ~epeate~i and ver~f~able patterrr of nflrr ~cort~p~rar~c~e uuith #~e ~:cronswme'r profecti4n : tattd~rd5 Of I tllfbtlg4 h i 3. aaove, a~r te Fr~nCisee's:;~eceipt ef due rtotice and;ari opportun~ty>to cUi'e, ~y b~ ~eet~ed a Imater~at ;breach:;+afi the: fr~n-h~se<: 21 Ordinance No. 25, Series of 1994 15), ~'hs ~ranchtseqshall es#ak~lish~ wrrt#e~Mpra~c~e~~~es for receivmg, ac~ng; upon and reso~vsubscMber comptatrlts witi~out jntervenffla0; bi~ the '~own The uuri#ton prac~du res shalt : prescr~be ti~e m~ri~er ir~ wb1cl~ a~ubscr~ber m~~y subain~t a campiamt eiti~er ora~ly or in writing specifyjng the subscri#aer's;;grour~ds for :clissat#sfac,tit~n T~ie ~ranchisee; shalf ftle :a 06Ry of fhese procedu;rs!§ wifh tY,te;Towta: 7 8) Th~ Tavarn shall hthe r~ght to revtew thI3 Frartcri isee's resporise .to subscriber comRlaints> 1n -arder #o deterr~me tt~e frarrchisee's i:omIplia~tce wit#~ fihe franchise requ~r~menfis, sub~ect;to the:s~bsbriber;s rig#~# to pr~vacy ! 17) shall be tMe: ~~ght;>a# ~€ll:subsctib~yrs Con#~r~Qe receivi:rtg senn~;e ir~sofar as;thejr:#~nartcial anci o#her;0bi,o~s #o the ~rar~ci~;is~~e ars f~o~ored !lrt the event;#~~f tf~e ~ranch~see e~ects:ta retautic~, podify, ar sel~'tf~e systern; ar th~'Town.gW~s natice of intent to t,rminate; or not tvrenevu th,e 4 r~i~rise, tMe FrancM~see, shait r so; as fo ensure that 41iI subscribers 4eceiv~ sierrrice sd IQng a S. t3e t~'anc~ise I~rnatns uI for~~> 1;8) Ir~ th~ ~vent ~;fi a cha.nge +o~ cor~trol tlie 1F€IMchisee, or in ttte eu~r~t a new ~peratar :a~quires the s~rstem, Q original ~~artchisee shttl1 co~p~erat~ wEfh; the Toavn; andfor the new F~ranchjhsee 'or vperator in r~air~#amIn ~rntin~aEt af service to 411 subsc~bers: 9 Y::. Quring such pepacl, the Frarichisee:ghail'`be enfitlLa+d to;the reveihues for an . , p PeriW dunttg WktIuh it opera#es thq system: off~ce'rs, agents oc empfpy~es vf the''~ranct~rsee or ~ts tontradtors or sWbcantractars u~rhO,;ir~ ~h~ r~armal co~€rse +af wor#c come irito contaCt with~ m~mbers of tt~e pub(~c ar wha requjre en~ry .ihto ~bscr~t~r's pr+~rn~ses;;s#~al(' carry a photc~ ~c~entificatian cartl ir~ a-t orrri aPPrQwed >by th~e'~~wn!: '~e; FranC n~see ; shall ;account for all: enti~hcation cards at al! ti~s; Ey ery +rehicle af;fi~t~ Fran~h~s~ee or r~s maj~r subrcor~t~actors shtdl b& clearly ~dentrfied as uvorl~rr~ tor tf?e #ran&.his6; 2t}~ ~#Ran request :4fi Ahe Town, k~ut t~o~t morE! fht~rt once .Annual#y,' ttte Franchisee shall cond~iCt a subscri4er satrsfac#ioh s~nrey pe~rtairii;r~gi tott~e ~ual~t~r 0f senrtce; which rnay ;'be iransm~tt~d ta:::s~bs~ribers <ir~ ~e Franch~see's ~nu~ifc~y f~r: cable> servic~s ;The results of suc~ survey shalf be Pro~i~iec3 t~i;tbe Towr? Qrt a~mel~y #~as~, The cost of such su€~r~y shall be borne by:th0~~fr~r~ci~;s~±e; 21.1 Addit~onal ser~ce star~dar~is arid stari~rtls : gove~nIng oons~amer prvtec#ion;:and respQnse t~r ~ra~c#~isee tti subs~ritzer co~rttpEa~nts 110t ~dtt~erwise prOvttled:;far ~hap~e~ ma~r be estal~is~~ A rithe #ranchagreerr~ent, ar~d; ~ranctrrs~e s~a~l Comp~y w~~h< such standar~is ~r~ ~e ~pera#?o~is of tt~e c~bl- tel+euision syster~ A v~r~f~ed ;and c~r~~nujng; 22 Ordinance No. 25, Series of 1994 , Pa#4~fCt 0#: fiL1Ct~0YT1p11i31~~Ce i'1"Ic~~F bB:i~Eei71~d A I373~Btf~l:bfe3Gh ~f fille ##'3RGI1tS8;;~]t'OVIdEd fhSt 4h~ Franchisee sh~l1 re~e~~~ due garocess, i~tcludirig wr.itt-n noti#ication anc~;an :pppor~unity ta cure; pr~~r #o any sar~cti0r~ ~i~tt~ imposeti, 22) Each year thro~ghout the <te;m Ofi #he #ranch~ise, ~f requestL d by: the Tovun, ihe Town an d the ~rancf~ise~ sf~a~l;r~eei ~pbti~ly #a re~r~ew syst~m p6rformance;and q~ality o`servrce "Che v~€ripus reparts required pursuar~Y :~o thi's Chapter, the r~sulis oif techiiai~al performance tests, the gec4rd of> subscnber coMpla~Rn#s. and fhe Fra~t~isee's response 16 Co~tplaIrtfs, and the infiormaf~on a~quire~<in ari~;s~#~~criber surv~ys; shall be utlized as the basis #ar:review. ln add~tro'ri~ arry su~scr~ber. ~~y s~,bmit comments ar;c0 rr~pla1n#s durEr~g the review rneetings, !either:oralfy ~r tn ~vr~tir~g, and these shall #~e c ot~sidered: UVi:t~i~ tt~irty (30days 4fte~ conclusaon of ~ystem ;per~~rmar~ce <rearie~r r~ee~ng> tl~e Towr~ ~nay issue!;hr~c~~ngs vu,th,<respect to the cable system's francMise;compliance>and q~iality of senrice Af>th . a Tow-h::determtnes that #tt±e Franch!see ,S n~;t jr~ coMpt1ar~ce wr;th #}~e requOrer~en~s;;af ##~iis; C~ap;ter +o~ fl~e franrthe T~~vr~ rnay drre~# trie ~rarydh;isee fio barrect the areavaf nar~;c~mpl,ance w~fPrin ;areasonatafe per,atl af trme Fail'ure of tMe lFranch~see, aft~r Aue notice, t6 correct'the areas of nor~cornpl~ar~ce w~thin; the <perIod specif~ed tl~erefor or to commence;; ~r~pltance therea#t~r, shali be caris~der~d a materra! breaGh:of tl~~;fr'an~h~se, ar~i the Tor~n may exercise'any rOrr~ecfy w11h4n;the ~eope o#;th~s' Chapter andthe:frar~~i~tse agreement consid~r6ci apptr~pr~ate;' 28. SERVICE TO SUBSCRIBERS A Franchisee shall provide all the following services to subscribers: a. A basic subscriber television senrice tier wrhich consists, at minimum, on any legally required must carry signals an information and uveather channel and at least one (1) public educational and governmental access channel. fikris rt~a~ kse supefsed~l k~r '#t~e: fiortticomiiig FCC; d~finifiio~' tif "basi;c senrice f~er", }n confoerri~rt~~ vi~~th th~ 1992 CAble Act' b. The Franchisee shall provide leased access channets to the extent required by Federal law. c. ,4 Franchisee shall provide equipment directly or through grants for local program production by all cable users for live and video tape presentation over the cable television system in accorddti~ce wr#h the pr~visCans Of:fhe #rartChis~reerrtert~: The Franchisee shall have no control over the content of access programs. Any public access channel shall be made available to any member of the public on a first come, fiirst served, nondiscriminatory basis. 23 Ordinance No. 25, Series of 1994 29. PUBLIC DROPS The Franchisee shall provide without charge wi-thin the franchise area one drap activated for basic subscriber cable television service to each fire station, public school, police station, public library, municipal building and other such buildings usE.d for public purposes. As provided in the franchise agreement, the Franchisee shall proviide IivE: cablecasting capability to designated public buildings. 30. LOCK OUT DEVICE The Franchisee shall provide, for sale or lease, upon request, a lockout device for use by s subscriber. Such device shall be capable of restricting the, reception of any channel inclutlirtg laoth ttie .video anci audio! partio;ns of''#he programmEng, c8frtiecJ on tfipt cfiannel: The lockout device should be made available to all subscribers rE;questung it and the charge and availability of this device shall be made a part of the rate scheidule. 31. PROTECTION OF SUBSCRIBER PRIVACY Franchisee shall protect the Town's privacy coiisisterit with the provision of 47 U.S.C. 631, as amended. 32. CONSTRUCTION AND INSTALLATION WORK a. The Town shall have the right but not the obligation to inspect all construction and installation work performed by the Franchisee subjec.t to this Chapter as it shall find necessary to insure compliance with the governing ordinances aind the franchise. b. All construction, installation, and maintenance rnust comply with all Town ordinances including all uniform codes adopted by the Town and all state and local regulations and good and accepted industry practices. 33. LOCATION OF STRUCTURES, LINES AND EClUIPMI=NT a. The Franchisee shall utilize existing conduits and other facilities whenever possible, and shall not construct or install any new, differeni: or aclditional conduits or other facilities whether on public property or on privately owned propE;rty until approval of the property owner or appropriate governmental authority is obtained. However, the location and installation of any conduit, or other facility by a Franchisee shall not create a vested interest, and suGh structures, or facilities shall be removed, replaced, or modified by a Franchisee at its own expense whenever the Council or other governmental authority cletermiines that the public interest so necessitates. b. All transmission and distribution structurE:s, lines and equipment installed by the Franchisee within the Town shall be located so as to cause minimum interference with the 24 Ordinance No. 25, Series of 1994 a a proper use of streets, alleys and other public ways and places and to cause minimum interterence with the rights or reasonable convenience of property owners who adjoin any of the streets, alleys or other public wrays or ptaces and where they wrill not interfere writh any gas, electric, telephone, water or other preexisting utility facility. c. All such fixtures in any street or public way shall be placed in full accordance with the standards set forth in the Municipal Code of the Town of Vail. d. Cable shall be installed underground at Franchisee's expense. Previously installed aerial cable shall be placed underground in concert vuith other utilities when both the telephone and electrical utilities convert from aerial to underground construction. Franchisee shall place cable underground in newrly ptatted areas in concert with bofh fhe telephone and electric utilities unless this requirement is wraived by 4he Tovvn. Equipment shall not be stored on Town right-of-way. A preconstruction conference with the property owners will be completed prior to commencing any underground construction, and the Town shall assist and cooperate in such conferences if necessary. All soil, earth, sod or improvements disturbed by the installation shall be replaced and restored to their original condition. Patching of highways, roads and drivewrays wrill be completed in accordance with the specifications promulgated by, and subject to inspection and approval by, Tovun, County or State engineers, as appropria4e. 35. REPLACEMENT OF PAVIiVG The Franchisee at its own cost and expense and in a manner approved by the Town shall replace and restore all paving, sidewalks, driveways or surface of any street or alley or public way disturbed, in as good a condition as before the work was commenced and shall maintain the restoration in an improved condition for a period of one (1) year. Failure of the Franchisee to replace or res4ore such paving, sidewalk, driveway, or street surtace within forty eight (48) hours after completion of work shall authorize the Town to cause the proper restoration to be made at the Franchisee's expense. 36. ALTERATION OF STREETS BY Town If the Town shall lawfully decide to alter or change the grade of any street, alley, or other public way, the Franchisee, upon reasonable notice by the Touvn, shall, in a timely manner as requested by the Town, remove and relocate its poles, wires, cables, underground conduits, and other facilifiies at its own expense. If other utilities are compensated, Franchisee shall be entitled to the same compensation. 25 Ordinance No. 25, Series of 1994 37. TRIMMING TREES A Franchisee shall have the authority to trim treE)s upon an overhanging of streets, alleys, sidewalks, and public places of the Town so as to prevent the branches of such trees from coming into contact with wires and cables and other television conductors and fixtures of the Franchisee. The Town may require all trimming to be done under its supervision and direction and at the expense of the Franchisee. 38. TEMPORARY MOVE OF CABLES A Franchisee shall on the request of any person holiding a valid house moving permit, temporarily raise or lower its wires or cables to permit the rrioving of buildings or other large projects. The expense of such temporary raising or IowE~ring o'f wires shall be paid by the person making the request, and the Franchisee shall have the ;authoriity to require such payment in advance. The Franchisee shall be given not less than forty, eight (48) hours advance notice to arrange for such temporary wire changes. 39. REFUNDS AND SERVICE TERMINATIONS a. A Franchisee shall establish and conforrri to thE: following policy regarding refunds to subscribers and users: If the Franchisee collects a deposit or acivance charge on any service ur equipment requested by a subscriber or user, the Franchisee shaUl provide such service ur equipment within thirty (30) days of the collection of the deposit or chairge or the Franchisee shall refund such deposit or charge within five (5) business days thereaftHr. Any. coRVerter security deposit collected by the Franchisee shall be returned to the sulbscribE;r twenty-four (24) months after the installation of such converter, or upon termination of service by the subscriber and return of such converter undamaged with allowance for reasonable wE;ar an(J tear and payment of any outstanding balance due and payable, whichever occurs first. If and whien the Franchisee collects deposits from its subscribers, it shall pay interest on any deposit required of the subscriber at the agreed rate in effect from time to time minus two (2) percentaiae poiiits. The Franchisee may elect to pay such interest in the form of credits to subscriber ac;count;s. Nothing in this Section shall be construed: 1) To relieve a Franchisee of any responsibility it may have under separately executed contracts or agreements with its subscribers or users; 2) As limiting a Franchisee's liability for damages, if any, which may be imposed under the franchise for the violation or breach of any E>rovisions thereof; or 26 Ordinance No. 25, Series of 1994 3) To limit the Franchisee's liability for damages, if any, because of its failure to provide the service fior which deposit or charge was made. b. The following requirements shall apply to subscriber disconnections: 1) There shall be no charge for disconnection of any installation, service or outlet. All cable communications equipment shall be removed within a reasonable time from a subscriber's property upon the subscriber's request, such time not to exceed thirty (30) days from the date of request. Franchisee may charge for adding or deleting channels at the subscriber's request. 2) If any subscriber fails to pay a properly due monthly subscriber's fee, or any other properly due fee or charge, the Franchisee amy disconnect the subscriber's service; provided, however, that such disconnection shall not be ef#ected until thirty (30) days after the due date of the monthly subscriber fiee or charges and shall include a minimum five (5) days written notice to the subscriber of the intent to disconnect. After disconnection, upon payment in full of all proper fees or charges, including the payment of any reconnection charge, the Franchisee shall promptly reinstate the service. 40. SERVICE AREA The Franchisee shall offer full cable television service to all areas of the Tovvn unless specifically authorized to senre a lesser area. A franchise issued in accordance with this Ordinance shall require that all dwelling units within the franchise territory be offered service on the same terms and conditions; provided, howrever, multiple family dwelling complexes, apartments, or condominiums may be served on a master-bill basis; and further, service to motels, hotels, hospitals, and similar businesses or institutions may be offered on terms and conditions differen4 firom single residence subscribers. In the event that subsequent to 4he issuance of a firanchise the Town annexes additional territory, a Franchisee shall extend its cable television services into the annexed area within a reasonable time of a request by the Town to do so. Such reasonable time shall not be less than nine (9) months. 41. COIVTINUITY OF SERVICE a. Where a Franchisee rebuilds, modifies, or sells its system, it shall ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. b• As long as it is entitled to revenues from the operation of the cable system, a Franchisee shall maintain continuity of service during any temporary transition in the franchise, including but not limited to, 4he following circumstances: 1) Revocation of the franchise. 27 Ordinance No. 25, Series of 1994 2) Nonrenewal of the franchise. 3) Transfer of the cable system to the Town ~or another entity. 42. TRANSITIONAL OPERATION In the event a Franchisee continues to operate 'the system in a transitional period, the Town acquiescence, following the expansion, revocation, or other termination of the franchise, it shall be bound by all the terms, conditions, and obligations of the -franchise as if it were in full force and effect. The terminating Franchisee shall cooperate Yiith the Town and any subsequent Franchisee in maintaining and transferring service responsibiliity. 43. PERIODIC REEVALUATION AND RENEGOTIj4TIONS a. Since the field of cable communicatioiis is rapidly evolving and many technological, regulatory, financial, marketing, legal, competitive, and other changes are likely to occur during a franchise term, a degree of flexibility is needed in order to achieve and maintain a modern and efficient cable communications system that adequately serves the public. To this end, the Town with cooperative assistance from a Franchisee, shall periodically reevaluate the system operation and negotiate appropriate franchise change:>. b. The Town shall reevaluate the FranchisE:e's cable operations and service three (3) years following the award date of the franchise and every thiree (3) years thereafter for the life of the franchise. The Franchisee shall cooperate with the Tolwn in such evaluation and provide information as may be necessary for the evaluation. c. Following the public release of a reevaluation report, the Town and the Franchisee shall meet to discuss the reevaluation and possible means of improving service to the public. At that time, the parties shall negotiate any changes in tlhe franchise that may he necessary or desirable. Upon request of the Town, Franchisee shall, no earlier than ninety (90) days and no later the thirty (30) days prior to a review and evalluation session, conduct a written survey of subscribers. Each questionnaire shall be prepared and con;>tructed in good faith so as to provide measurements of subscribers preferences and satis'faction for: 1) Programming offered by Franchisee at the time the survey is conducted. 2) Programming generally available to cable subscribers nationally but not offered by Franchisee at the time the service is conducted. 3) Maintenance and subscriber complairit pracitices. As a part of the review and evaluation session, Franchisee shall report in writing what steps it may be taking to implement the findings of the survey. 28 Ordinance No. 25, Series of 1994 d. The Town and the Franchisee may meet at other times to discuss and negotiate possible changes to the franchise pursuant to an agenda agreed to in advance by both parties. Such special sessions are intended to provide a mechanism for effecting franchise changes necessitated by major events affecting cable communications, such as state or federal legislation, newr or revised state or federal regulations, or an extraordinary change in circumstances. 44. THEFT OF SERVICES AiVD TANIPERIiVG a. iVo person, uvhether or not a subscriber of the cable television system may intentionally or knowingly damage or cause to be damaged any wrire, cable, conduit, equipment or apparatus of the Franchisee or commit any act within intent to cause such damage, or to tap, remove, or tamper with or o4hennrise connect or maintain any vvire or devise to a wire, cable, conduit, equipment and apparatus or appurtenances of fhe Franchisee with the intent to obtain and maintain a signaf or impulse from the cable system without authorization from or compensation to the Franchisee, or to obtain and maintain cable television or other communications service with fhe intent to cheat or defraud Franchisee of any lawful charge to which it is entitled. b. Any person convicted of violating any provision of this Section is subject to a fine of not more than five hundred dollars ($500) for each offense. 45. REIVEGOTIATION If any cour4 of competent jurisdiction, the FCC or any state regulatory body rules, decisions or other action determines prior to the commencemen4 of system construction, that any material provision of this Ordinance or any firanchise granted pursuant thereto, is invalid or unenforceable, then in such event, the Town shall retain the right to renegotiate any franchise entered into prior to any such rule, decision or other action. For the purpose of this section, "Commencement of System Cons4ruction" shall mean the first day tha4 physical construction, including but no limited to, the placing of cable on poles or underground, actually begins. 46; FRi4hl-CFftaEIIEiUEUUAt: ~'rar~cf~ase re~e~rals s1~~tl b~;~n accordance vu~th appI ti~able 4a~r 'fihe Tflwr~ anc~:~h~e Fran'chby rni~tual' c:onser~t, may; entento ~~r~ewal:negotiatJor~s; at any time durmg;the term of ~h~ firanchIse :llp~rt MUtual executiort a fcari~chis+e rene~ral at~re~mer~#, the frartch!iseQ sh reEm~urse the Tou~n fo~ Costs ~nctcier~t~f fo Y1~e; ~rancl~?se rer~ew~l> awartl, r~ot :~Q exceed ~ny rna~crmum spe~~fi~ed i~ ~I~e agreement: ~ny,~uch re~r~'~burs~r~+~nf sM~il1; n4t tae charged a~41r~st any franchisol.be due <W ~e wn;tl~,r~ng ~e term c~# ~#~e firanchise:; 29 Ordinance No. 25, Saries of 1994 47: FRANCH(SE NC?N -TRANSFERA@LE s: The Franch~see ~halvat sell, trar~sfer, fFsas~, a~ss~n, si~blet ~r: tlispose o#; iftwh000 lr in part, e~#~er b~!forced; or i»No Iun~ry sa~et Or by orckinaryr e. contract, c4nsalit~ation or otherwrse, the franch~se ;.r any t~f the ru~hts ~r r~v~leges thereiri grantedw~thout the; prior oonsent of the Town and then only upon such ~erms a:d 0.011 dEtAans as may be pr~scribed :by the; 1'own under app#rca~ile I~w; wbrch> cflnse~t shall n4t; tJe ur~re~sariy den?ed or. ~Ielaye~i Any attempt to so litr~n5#er,lease, assign ~r:v~herw~se d~spose of th~;:fran~hJse withaut the cansent of ;theT.+awt~ shalI be ;r?utl and vaid T#~e ~rar~t~r~g a# ,a secUrrty jrrte~~est ~n ariy the ;~'rar~chiis~:e ass~ts, ar arty ~artgag~ ai~ D~er #~~pot#tecA~ckn, s~taJl . n0t t)~ ;~car~sitlered a tratrsf~r for tF~e purp~ses''qf tf~is seat!on, Xx, T#~e trans~er of ##te fi ti ran~Jse #rom c:r~e'whuoMl~r +owt~ed s~rbs~tl~ary; bt'a Fraqch~see's par~r~~ c~m~~~y #o a~a~h~r whatly;owndtl;subsid,arySFa~'I r~~it requTre Town canser~t: b: The re,quirements of Swk~se~t~on a. shali 4pply ta, any change fn control of tl~e .Fr~chisee ;'fiw~i~d; tr~l" as used t~er~in r~ no# iRmi#ed ma~o.r s~oc#~hoic[eis Qr partnersh'ip Anterests, aut ir~cludes;act,af wqrlcing to11trbl In whatever manner exer0sed In the euer~t that;the Frar~cl~?see ls a c9rpora#~on;; pr,or autl~~e~zat~an of theown sha~l b~ requ~red wtte.r.e ownershjp or cohtrvl ~fi mor~ than: ten percer~#; (y 0%a4 af fhe 3rtiting stdck gf fhe fr~r~cl~Isee ~s ar~{uI red by a perscm;ar graup t~f,;pers~ns act~rig in c~r~cert, none 41f whor~t owr? Qr~or~tr~i?; ttt~ votiiig st6~k af'tl~e Frat~~isee as ci# the effec#~ue dat~ ~f the;fr~:flckris1~, sirtgu~arly ar'co l~ectWVly; c; 'Ci~e Frar~ch~~ee shalt r~oti#y ~e ~"ownkn wri~~r~~i af;a~y #orecla~~xr~ n~. ar~r ather J~,dr~~# sa~e o# wI; flr a substan~af pa~t 6f tfie frar~chr~se;pr~3perty of the Fran~hIsee ar u~o~ the>terminatian flf ~r~~ loa~~e ar terest couer~n~';aii or ~ s~€bstar~#ial ~~r ~fs~c~1 fran%Ise prope~y: Sucti not,~icatior~ :sha~l be co~isltlered by #~ie ~`~wn as nfltjce that a0hai~ge;jn cantr~o1 of:ou~mersh ofi the franchise has fake~t place ar~d the prQU~siz~r~s ur~de(tl~fs ;'sectiort t~~i~rnirig the consem af fhe Town to such change fri :~on#rs~l;<ofi awnersh~p shal! appl r~; ~oF the ~zurpr~se Of d6termining w~rether if st~aIl cons~ent ;to sucM thang~; transfbr, or acquisit1on Of corlitrc~l, the To" rttay inqu~r~ rnt+a #h~~~ qu~lifipat~o~s o€ th~ pr~sRecthve trarisfereor ~cohtrollirig ps~rty, a~d; the Fran~isee s~a1l a.si +;t tl~e TQwtt 1n such inqu~r~; 1ri; seektnOti~e Towr~'s ~r~se~t to ar~r change of own~rs~~p Qr coi~ a~, the Fr~~hIsee stralf haue tl~ responsibility o# fnsunng that: ~e transf~re~ c;Qmpfetes an` !a~Ptl~a~cab in ~orm and s~bstar~ce reasrinakal~rs~fiisfa~tnryto the Tawn, wrii~M.~~l~ca#ron st~~l incCu~le tt~e infia~mat~on req~i~ed qnd er Section 2~. 02 ~~Q ofi ~is ~h~~er An ~ptiea~bb sk~al~ tae ~u~sim~ttect to tt~e T~wr# not>~ess ,te~i; sixt~6y;D) days pr~or to th~ d~te t~ar~fer; T~e ira~sf~ree:sMatlt be r~~qs~ired to; estafi~lish that ~t possesses<the qu~#if~catlons and f~n;ancialand tecf~mcal capty to Qperate;and maintasn ;the 30 Ordinance No. 25, Saries of 1994 sjistem and coinp1y'. itt~ ~I#ranchise reqqiretne~ts fdr ~e rernajnd~e of~he terrn of the fran~hfse: If the legal, ~nar~cial ch~ara~ter, and tect~n~caqual~fica4ions: of the apPlicar~R are sa~sfaciory; ~re 7'o~rn sh~l~ c~nse~t Yo the ;4ranster 0f ~e War~chtse .he consen:t t~# #fie Town to such Yrarrsfer shialt ~ot n k~e ureasflriably cled ar delaye, e: t fina€~cya~ ipsIt:t~on t~avvng a plecige of the Franchisee or i#s assets for the advancement of money.;f:or #he cans#ru'0o~ aWlOr operap1on o- the ;fr~nchise sl~a11 haaie tthe Fx~ht to nofifiy fihe TOWn tf~at ~t or Jts designee :satis~ac, 0ry to t~e 'Tawr~ shail tai~e eo;ntrof flf amd oper~te the cable te~ev~s~an system, in ~Q even#; of Frari~h~see t#e#gu#t ~f its fin~ncial oblIgatioris Further, ;said fi~~nc~al mst~ut~ur~ sh~wl also sutir~It; a;plan #or such operat~an witht~i fihrrty (30) days a# ass;urn~ng such Corrtrcal tt~at w~ll . Ans~r~ c~ntinued service and ~d~rpf~ance; uui~i: al~. :franchise req~iFemems d€,~ng the ~erm the fariaa# jristrtution exefc,ses< r.bni~ol Qver ~he system fanc~ai ~nst~~,t1ar~ sl~a~l r~o~;exerc~se ~onfra( over the syst~m f~r aerIfld exceetl~r~g one 1 e ' y.; ar u~l.ess ~utenc#ed by the To~±n in, Its discretion ar~d::t~irrim,~ saict p~riotl of #~me s~ta~f haue the rtght fopet~~n tt~e T~wn` #a trar~sfer th~ franchtse to ano~ter F~ar~chrsee ; Upor~ ;transfer, the ; Frar~~h ~see sha~l re~~burse '~o~n of t~e T~~rn's reasr~nati~le pr(+cess,ng and reurew'; exRerise ~rr ;c~nnect~a~ i~~fh a;fgansfQ~ of tkie franc~~se tir o~ control af the fran~h35e; r~g w~~he~~ lim~~t~~ns cests o~ admi0is~atIve r~~iew, frnanc~al, i:~gal ar~cftechr~ica1 eualua~oP of ~#te ~a~oposed ~ra~sf~r; ~or~sult~nts ir~ciutitng t~chn~ca~t; ar~d lega! „ ex~aer~s antl al1 :costs ir~curred by' su~h ~xpafts~, t#ce ahtl pYbt~catiQr~ cds#s ar"d' document prepa~atiqn exper~ses ;;ny such re,mbursement st~all; ndt k~e charged aga~r~st a'ar~ch~se; ~~e ~tlue#~ th e ~"otlur~ng #tte term o€ tle fea~chise; 4$:; MUL'Tlfi?LE FRANCHISES a< The Tou~m ma y g~ar~~ ar~y mber of fran~~ses subject to appl~c~~e s~ate or ~'etfera~;law The ~'o~vn rnay 4he ; ~?be~ ~a# ;f~a~tctiises gra~tted,; ~aseci upon, but .ncit necessarily Irm~ed the req~airer~er~ts of ~$W 21f1E~: S~3£Gt~iG ~#)Cw C~~IS1t~BlStIfJRS, SUC~1 3S:' c~pa~ity ~f thre ic rig#tts of ~ray ta accom~oda#e rn~it~ple catt~i~s' ~r~ additt+~tl;4o ~te G~bf~~, C~a~idua~s 'and p€pes of #k~e ut~ti#~r sys:ms, sucl: as electr~ca~ pa+nr.c; telephane, :gas $n~# erage: T~e :bene#}ts thaf:m~y ac~~ue fa cat3le sut~scritaers as a res~it? of cable systern corripettt~~, ~~ach~ as ~a~er. ~ates ~€r~d ~m~ar~vetl s~er~~ce~ 31 Ordinance No. 25, Series of 1994 , 33 T#~e dIsadvan fages that may resutt fromcatale;sys#em cor~ipet~ion, such, as fhe r~quiremeht for mu;i~ple pedes~als ot~ ~tl~r~fs' prerty;; hd the clisruptis~n; ar~sing from n;urnec~aus ~excava~~~:s of the r~hts af wa~: b; Eac>~i ~ra.nc XX: hisee awartleci a fr,anchise to senre;the errtire Ta:vvn ~hal1 offer s~rvice to al! resictences in the Town, ~n a ct ccorartce ~#wkiconstru~cfiar~ a€~c! service schedules rriufuatly:agreeif ups3n be~ween tf~e Town and! it~e F~ar~ch~see, ar~d co~sistenf w~th applicable c: Ll~e~e~opecs; of new resicientiai ~tausmg wi#h uncfer~ro~rnd ublItles: sha~l pravrd~ car~du it to ac+cQmmodate :catales f~r af; teas#;iwo (2j ~,~le syst~ms< d!,, ~n #~e ever~t of muit~ pl±e Fr~nchpsees desi~~ ~o s~rve new resider~~al! deueiopments in w#~~cl~ fie ~tectpawer antl; telep~or~e ~#il~tiLs are undergrour~d; ;the #aliow~flg praceciure shai1 ~pply w~fh :~espect ~ acc~ss to ar~d utIllza~an of:;~sjdecgr~untl easements 1'~ The de~elo~ae~ sh~~l; ae ~es~nsible for ~onta~t~ng;ar~d surweying ail franchise;d cabte c~perato~s to ascert~rir~ vr~~i~h .operatc~rs d~srra~ tcr;prs~u1de cabie televis~an senrice: to that deVelapr~e~tt The ~level~er may es#~I~sh $ rea~,flTl~~a i~E~~li6tfl itlq :Cab#q operat~or response~ e fina# d.evetopmer~t map ~~a€I ind~cate tfi~ ~~bt~e operators that have agreed fo serve the develnpment: 2) o~e iwo (2} catale operatflrs unsla ta pr~vide;serv~ce, they:shall be :acc.bmmotlated tn :#he ~oint utt~l~es trenph on a r~o~discmEr~atory st~ared cost t~as~s if ;~ewer than two ;(2j operatars Ir~dicate ~~te~esty the develo~er shai~prc~v~de c~ndu~t to accommoda#e finra {2j sets o# cable televts~ar~ cabies and dedIcate jta the Tav~m any ~nitialiy unoccupIeri conduFf:: The deweloper shalt be e~#itlec! fa reco~?er ~e ~st~ af su~ ~n~t~al l-y un~upied r~ntluit iin t~e ev~rit that thid Town s~,bsec~x~ently; leases or sel~ accupar~cp a~r e ri~i~~s to any ~rar~ch~s~r The ~leveloper shal~ ~~o~~de at le~st t~~b ~1Q) warkir~g ±tlays r~otrce o# ~e date that;uty;;trencf~es wi~l be ~en t~ t~?e ;cable operatars that ~ave agre6d ta serve #tt~e development ' i~lhet~ tMe treriches ;are ppen, cabie operafors sl~a#!; have ~wo (2) wo~l~ng c3ays t4 beg~n the rr~s#alla~+on c~~ thcaales, and fi~e; 5)workm da s~ftf~r ~ g y begknnir~g ~nstal#at~on ta! cornplefie installatfon; 4} `~he f~~rdevelopmerif rn~p;sk~~it <not be; appro~red ~in~i the develaper submits e~idence, tttat;: (r) It has n~at~fied each ~;ranr.~ise~ that un~iergraun* ut~l~#y trenches are #o be apeta as ~f an esbmated dat~> and tl~at ea~ :~`rar~ch~rs~~ ~ri~be allowed access, tfl s?~ch trer~cl~es, ~r~clu~l~r~g ~er~c~es ~rom ~ d s~reets t+~ inciiv~d~,;ai l~a~r~ ~#es, specifieri noridiscrirninato.ry term and:conditia~~, ah ct 32 Ordinance No. 25, Series of 1994 0 {n) #t;has rece~v~d a vvrif~en noY~fIcatron fr+am each Frar~chis~e that theFranch,see ,nter~tls! to nstatl fac~l~ties dur,ng th~ open;<trench ;~reno~i nn ti~e specif~ed Yerms: and conrl~t~dr~s, or suc~r 0ther 4erms antl ;cor~d~tions as ace mutu~lly a~ree~lbie to the tleveloper and, the ~ranch~see, or kr~s receivect no !~eply fr~m a Franc.h~see w1thart teh after;its notmcat~or~ to su:cf~ ~ranchisee, ~n wh~ah case the Sranch~see ~vili be ~eerr~ed ta haue waWetl:its opp~rturnty tn nstall rts faciI~ties tlurrng the oper;i tre:ncl~ perli~d~ 5)::`Sh6r,ng ghe ~otnt utt~es trertch sl~all:bg subaect ~o X0mpti~nce w~th Stata rY y y re ula~o ; enc and u~~l~t standarc~s If such ~ompliance is nr~t Po~s~ible; the c~~uetaper sh~ll . prov,de a sepa~ate tr~nch for the cabte telev1s,0 ri bies, ~ritt~ 4he ei~f~t~ ~os~ shared a rnong fihe' , pancci ~tin o p c~ Per~tars Yh 4he conclurrence af fh~ ci~v~loper:, ihe alfeci~d ~rt,ljt~es an~d the ~tite operators~lternat~we jrts€alC~~an proc~tlures, ~uch as the use qf tieaper irer?chas, may b~ t~Y~l,~ed; su~i~ect ta appqcable lai~> cabl~ ~perator w~shing t~i serve; ari area:~if~iere the trenches have been; clas~etl shalfi; b~e responsible #or ~fs o~in trenchin~ and; assoc~~fed ~osfs;: 7} Ir~ Abe eVent th:m more: than ane (1 ~ frar~chrse ~s awartled, ~he Tow~i: .::<>:::::::.;:::.;:.<:..::.:::::::................ reserVes the r~ght to IImit th~e ;.n~,mbe,: r of drop cles per r+~tlen~e; or Ao:requ~re fhat;th~ drop be t,ti1i ~ zd%6nly by At~e ~ab1e ap~erator select~tl:by ~he rertt ~o pro~~tle service.: 8} The Tawn res~t~es the tight t~ grant an Qncroac~ment perm,t ta a t~bJe ~ranchisee'applicangto;instali cond:uit aor cabte in artt~cIpaf~0r~ of the grsntjng:~~ a~rartchrse: Such ,nst~ll~~~ans shalt be ~t the co ti ~ppiican#'s; r~sk, w.o!; ~ecse ~ga~nsf 4he Towr~ t ~n he e~eri2 ~he p~nd~ng ~ranch~s~ ~apt~c~aon ~s n~t grantetl T#~e fiawn may requ~re ae~ appt~c~nt ta, prov,tle' a sepaeate trench ~or its cond~~U ar~d/ar c~ble, a~ the apPhcar~t's Tlie:>~0npfti~~t.on ~f suc~t separate ~rer~ch, pr~v~ded, sh~ll be ;coardin~ted ; and sub~ect to, to the dedelaper"s oueratl construeti~n;;scft~u'Ie;~: 49, RIG'H7'&RESE!RVED :'CO "CHE ri! a: ln add1tion to any nghts spec~ficaliy resetV~ ct Yt~ ~he Town by ~his Ch ier; . ;_p the Tc~~rn r~eaerv~s ~o ~#s~lf e~er~ rI~h~ and ~aower wh~ch ~s r+~qu~r~ci to be resen~e~ by a provIsian of any nrt~?n~nca n~ r~ndet the j,r~nch~se~ Tt~°`<:>:>:;;:«:::,:::, h~au~ th~ ri~h~i to ~ta~ve: any: ~tov~sian th~ ~ranch e~cepY those required b~ ~6 de~~ br ~tate regvlatf+~n,. rf ttie Tou?m dete~rn~nes 1 that ~t is in ~hte: , . . ukific: inte, , < ; . 2~:<: , ; . that er~forcemer~~ of;s~ch pro~is~o :,to . ~mpose an;und~e fiartlsh~p on Yt~e ~'r~nc~~see ~r th~ subscr~b~rs:;;::::;To be eff.~c~iv~.?;:~uch war aha(I be et~denc~ ..;...:Y:.:i;ii::::..1: ::::::::a:::.::.::.:::..::.::.:.::.. O.Jy ~ta4emer~~ in w~~t~n~ s~~ r~ed by a duiy ~t~hor~zed r€pees~.n~at,veo~ #he Tawn. iofar~v 33 Ordinance No. 25, Series d 1894 ProvESia'n rn ane (1 ~ ~~star~ce shall: r~ot be deerned a waiver>c~f such provis ion subsequent #o such ins#ance;nor be tleemetl a wa~~rer o# any otF~ec prou~sior~ of trie frar~ch~s~ unless the stateme~t so ~ec~tes: c: tf a~y area of f~alict~ise:~eguiati4r~ by::the Tt~wm is preerrmpte~f by Federal or S#ate 1aw or regula#ion, ar~c~ such preernpU on is tater el?mrnatecf or rnodi~ed, tlie '~on, at its ss~le optton, may assurne.oc reassurne regulativn;to #t~e eac~e~t.;pE;rrnitte~d byl~w 50. SEVERABILITY If any provision, section, subsection, sentence, clause or phrase of this Ordinance is for any reasons held to be unconstitutional, void or invalid or for aiiy reason unenforceable, the validity of the remaining portions of this Ordinance shall not be, affected thereby, it being the intent of the Town Council in adopting and approving this Ordinance then no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation and ciII provisions of this Ordinance are declared to be severable. 51. 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 thie validity of the remaining portians of this ordinance; and the Town Council hereby declares it woulld 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. 52. 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. 53. 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 riyht 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. 54. 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. 34 Ordinance No. 25, Series of 1994 a . IfVTRODUCED, READ, APPROVED, AIVD ORDERED PUBLISHED OfVCE IfV FULL ON FIRST READING this day of , 1994, and a public hearing shall be held on this Ordinance on 4he _ day of , 1994, at 7:30 p.m. in the Council Chambers ofi 4he Vail iVlunicipal Building, Vail, Colorado. , ATTEST: Margaref A. Ostertoss, Mayor Hotly L. McCutcheon, Town Clerk READ ,4iVD APPROVED OIV SECOND READIiVG ,4ND ORDERED PUBLISHED 4his _ day of , 1994. ATTEST: Margaret A. Osterfoss, Mayor Holly L. McCutcheon, Town Clerk C:\ORD9425 35 ordinanoe Nc. 25, serias or 19ga M 9d ORDINANCE NO• 2v SERIEe7 OF 1994 AN 0RD9NANCf~ ~RANTING A Cd4BLE 1TELEVISIOIV FRANCHGSE TO CABLE@lBSION V@, BNC. D/B/A TC8 CABLEVBSIOIJ OF THE V'lOCCl~ESy I6tliO. UO 6OOAV~~RUC0 y E"lGi/ONS0 P'L4.8`OTy OPGRATEy Fi6\D OtltlP98NT69IN A NoABl~E COIYlIYEU0VICE'9 A IO1lS SIISTGM WIE f70N Ttl-AE 9OYdN OF NAOL PURSUANT TO AND S9JBJECT TO TIiE PROVISIONS OF ORDBNABJCE NOe 25, SERBES OF 1994. fV0W, THEREFORE, BE IT ORDAINED BY THE T01NRI COUIVCIL FOR VAIL, COLORADO: 1) Pursuant to Ordinance iVo. 25, Series of 1994, the franchise agreement be4vveen the Town of Vail, Colorado and Cablevision VI, Inc. d/b/a TCI Cablevision ofi the Rockies, Inc., attached here4o as Exhibi4 A, and made a part hereof by reference, is hereby aufhorized and approved, and the Town Manager is hereby authorized and directed fio execute said franchise agreement on behalf of the Touvn. 2) If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held fio be invalid, such decision shatl not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3) The Touvn Council hereby finds, determines, and declares thaf this ordinance is necessary and proper for the health, safety, and welfare of the Toven o# Vail and the inhabitan4,s 4hereof. 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 s4ated herein. 5) All bylaws, orders, resolutions, and ordinances, or parts thereo#, inconsis4ent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylavu, order, resolution, or ordinance, or part 4hereof, thereYofore repealed. 1 ordinance No. 26. serias of 1994 n i INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE 1N FULL ON FIRST READING this day of , 1994, and a public Iiearing shall be held on this Ordinance on the _ day of , 1994, 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 , 1994. Margaret /k. OstErfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\ORD9426 2 Ordinance No. 26, Serias of 19Si 0 ? a EXHIBIT A The Franchise Agreement was distributed to Council on November 8, 1994. C:\ORD9426 3 ordinance No. 26, series of 1994 ~ ~ F ~ ~ • ~ Channel Vagfl Valley Cornrriunitjr °fe[evision ~ ; ~ Dear Town of Vail Town Council M[embers, December 1, 1994 I would like to thank you for your work on the new franchise agreement in regard to Vail Valley Community Television Channel 5. I have included in this packet our Articles of Incorporation, our user guidelines, our financial statements for 1992 and 1993 and our current budget for through November, 1994. I am hoping that by reviewing this material you will get a more complete picture of how Channel 5 operates and an idea of how seriously we take our responsiblities in overseeing that operation. I am planning to appear in front of you on Tuesday, December 6th. At that time I would like to discuss the following subject: I understand that both the 2% franchise fee and the .50 cents per subscriber fee are dollars that can serve the community of Vail in many needed ways. We understand that there are a lot of goals the town wants to accomplish, that priorities need to be discussed and that there are only so many dollars available to go to serving these needs. I look forward to the discussions as to the allocation of those dollars to our group as well as well as other important town areas. In the event that the amount of dollars allocated to Channel 5 changes to a lesser amount, it would effect our current operations budget and some of the financial commitments we have made to operate the station. This includes the rental of our studio space, staffing and other contracts. I therefore ask that for a period of one year you agree to continuing the funding of Channel5 as you have in the past, with the 2% franchise fee and 50 cents/subscriber capital dollars going to the station. During this year you will have time to review the allocation of these dollars to the needed areas. We will present a proposal to you requesting future support. You will be able to review costs involved in creating the fiber optics network between your facilities and evaluate where these dollars will go. It is very important to us to have this time. It will also allow our station to properly prepare for any changes that may come. It will give us time to adjust our operations, taking into account your future financial support. If you have any questions please feel free to contact me. Thank you once again for your time. I look forvvard to meeting with you. Sincerely, . } , . rian Hall ' President ABrief Historv of the Board Of Directors and Town Representatives. Public Access Television began in the Vail Valley in the spring of 1982. At that time all the towns involved in the endeavor agreed that they would pool their resources into one studio and channel to create a stronger program. The studio/channel was operated by Brian Hall, as an employee of Heritage Cablevision. Somewhere around 1984, Brian Hall had left the employment of Heritage Cablevision. The studio was managed by another employee of Heritage. At this time a cable television advisory board was formed to oversee the direction of the public access channel. This board included Jim Lamont, Cal Thomas, Flo Steinberg, Danvin Rader (of Heritage Cablevision), _ Mike Cacioppo, Bill Perkins and Jerry Davis. This group was unable to form a consensus and keep the project going. So the organization of the station fell apart. It became inactive for a period of time. In the summer of 1987, Bill Perkins and Jerry Davis decided to resurrect the station. Heritage wanted to get away from the responsibility of operating the station so they agreed to give the assets to the towns through a non-pro5t organization formed by Bill and Jerry. Heritage would give these assets, dollars for studio space and equipment and support the station in other ways, if they would not have to be directly responsible for its operation or have to provide a Heritage employee. Bill and Jerry approached me to be the part-time Director of the station and we began to rebuild the project. We solicited for a board member with financial background and brought Reggie O'Brien on the board. In 1989 we decided to expand the board again and solicited for applicants. We added two new board members. We chose Steve Miller with his background in broadcasting, marketing and community involvement, and Renee Kahurwski for her background in public relations and personnel. Since that time I resigned as Director and became a member of the board. We have replaced Board IViembers that have left by soliciting through the public. We also instituted the position of Town Representatives on our Board of Directors. Our goal was to keep the towns more informed as to what we were doing at the station and to encourage more involvement and ownership by the towns in the station. The representatives from the Town of Vail have been Rob Levine, Jim Shearer and Jeff Attencio. Jeff resigned this past summer and we would like to fill that position again. A complete list of our board was included in our last report. - VAIL VALLEY COP+MUNITY TV BUDGET VS ACTUAL REPORT JAATUARY - ATOVEAlBER 1994 BUDGET ACTUAL DIFFERENCE $ REVETdUE Dubs 1100 990 -110 -10 Franchise Fees 72600 55974 -16626 -23 Interest 2292 1487 -804 -35 Membership 1833 0 -1833 -100 Sponsorships 9167 7056 -2111 -23 TCI Grant- 0 20000 20000 0 TOTAL REVENUEe 86992 85508 -1483 -2 EXPEATSES Advertising 1558 752 807 52 Autoo Business 733 559 175 24 Commission 458 0 458 100 Contract Labor 16958 20258 -3299 -19 Donations- Scholar 495 3000 -2505 -506 Employee Benefits 1320 1227 93 7 Fund Raising 2750 0 2750 100 Insurancee Business 1100 1354 -254 -23 Office Expenses 2292 3102 -810 -35 Payroll Taxes 10083 10218 -135 -1 Postage 800 80 720 90 Professional Developement 611 0 611 100 Professiohal Fees 1100 190 910 83 Rent 18333 17575 759 4 Repair and Maintenance 800 1462 -662 -83 Salaries and Wages 25667 30762 -5096 -20 Studio Expenses 2750 2873 -123 -4 Tape 2017 3282 -1265 -63 Taxes & License 367 150 217 59 Telephone 2017 1627 390 19 Travel & Entertainment 550 266 284 52 TOTAL EXPE1dSESe $92,759 $98,736 ($5,977) -6 TdET AMOUIdT< ($5,768) ($13,228) $4,494 78 * For Internal Management Purpose Only Vail Valley Community Television Corpe Financial Statements December 31, 1993 . fV . . r _ . , . i ' . . . . . ~ . . . ~ ~ ~ • . , ~ - . ~ - . . . . . , 1+' . t~ ' . . ~ ~ . . " . . . . . . . . . ~ . . . . ROBERT C. KENNEY, PC The Market Place - Eaqle-Vail P O Box 1835 Vail, Colorado 81678 November 29, 1994 Vail Valley Community Television Corpo P.O. Box 1263 Vail, Colorado 81658 I have compiled the accompanyinq balance sheet of Vail Valley Community Television Corp. as of December 31, 1993 and the related statement of income for the twelve months then ended in accordance with standards established by the American Institute of Accoun- tantse A compilation is limited to presentinq in the form of financial statements information which is the representation of manaqement. I have not audited or reviewed the accompanyinq financial state- ments, and accordinqly, do not express an opinion or any other form of assurance on themo Manaqement has elected to omit substantially all of the disclosures (includinq the statement of chanqes in financial position) required by qenerally accepted accountinq principles. If the omitted disclo= sures were included in the financial statements, they might influ- ence the user's conclusions about the Cornpany's financial position, results of operations, and changes in financial position. Accord- in_qly, these statements are not designed for those who are not informed about such mattersa . e obert Ce Kenney, P . Certified Public Accountant Vail Valley Community Television Corpe ' Balance Sheet December 31, 1993 ASSETS Current Assets Cash $75,818s06 Accounts Receivable 1,920.00 ' Total Current Assets $77,738.06 Property and Equipment Equipment $81,988e81 Studio and Leasehold Improvement 10,628e30 Accumulated Depreciation (63,868e51) Net Property and Equipment 28,748.60 $106,486e66 LIABILITIES AND FUNDS BALANCE Current Liabilities Worker's Compensation Payable $449e36 Payroll Taxes Payable 494<99 Total Current Liabilities $944e35 Funds Balances Workinq Capital Fund Beqinninq of Year 25,000.00 25,000.00 Operating Fund Beqinninq of Year 25,990.65 Current Additions (Reductions) 14,773.24 40,763089 Capital Fund Beqinninq of Year 54,760°00. Depreciation , (14,981.58) 39,778e42 Total Funds Balance 105,542e31 $106,486.66 See Accountant's Compilation Report 't Vail Valley Community Television Corp. Statement of Revenue and Expenditures For the Twelve Months Ended December 31, 1993 Current Quarter o Year-to-Date % Revenue Contributions $1,500.00 le3 $1,500e00 1.3 Franchise Fees 71,970e33 61e1 71,970<33 61.1 Grants 27,230e00 23.1 27,230.00 23.1 Dubs 1,112e30 e9 1,112.30 .9 Sponsorships 13,206.00 11.2 13,206.00 11.2 Memberships 355.00 .3 355v00 e3 Interest Income 2;466e37 2e1 2,466,37 2e1 117,840.00 100.0 117,840.00 100.0 Expenditures Advertisinq & Promotion 8,511.65 7.2 8,511e65 7.2 Auto Expense 840.69 .7 840.69 .7 Contract Labor 18.,430.00 15.6 18,430.00 15.6 - Contributions and Donations 100.00 .1 100.00 .1 Education 1,292.70 1.1 1,292.70 1.1 Employee Benefits 420.24 .4 420.24 .4 Insurance 1,788.36 1.5 1,788.36 •1.5 Office Supplies 3,160.06 2.7 3,160.06 2.7 Payroll Taxes 2,460e28 2.1 2,460.28 2.1 Postage and Freight 169e76 .1 169.76 .1 Professional Fees 1,777.00 1.5 1,777.00. 1.5 Rent & Utilities 19,407.76 16.5 19,407.76 16.5 Repairs and Maintenance . 574.91 e5 574.91.. .5 Salaries and Waqes 33,773.00 28.7 33,773.00 28e7 Supplies 3,066.18 2.6 3,066.18- 2.6 Tapes . 3,948.76 3.4 3,948.76 3.4 Taxes and Licenses 275.40 .2 275.40 .2 Telephone 1,940.52 1.7 _1,940.52 1.7 Travel and Entertainment 1,129.49 1.0 1,129.49 1°0 Total Expenditures 103,066.76 87e5 103,066.76 87.5 Total Revenues Over Expenditures $14-,773.24 12e5 $14,773.24 12.5 See Accountant's Compilation Report Vail Valley Community Television Corpe Statement of Revenues and Expenditures For the Twelve Months Ended December 31, 1993 Year-to-Date o Revenue Contributions $1,500s00 1e3 Franchise Fees 71,970.33 61e1 Grants 27,230v00 23e1 Dubs 1,112030 e9 Sponsorships 13,206.00 lle2 Memberships 355.00 e3 Interest Income 2,466.37 2.1 117,840.00 100v0 Expenditures - Advertisinq & Promotion " 8,511.65 7,2 Auto Expense , 840.69 .7 Contract Labor 18,430.00 15.6 Contributions and Donations 100.00 .l Education 1,292.70 1.1 Employee Benefits 420.24 .4 Insurance 1,788.36 1.5 Office Supplies 3,160.06 207 Payroll Taxes 2,460e28 2.1 Postaqe and Freiqht 169.76 .l Professional Fees 1,777v00 1.5 Rent & Utilities 19,407.76 16.5 Repairs and Maintenance 574.91 :5 Salaries and Waqes 33,773.00 28.7 Supplies 3,066.18 2.6. Tapes 3,948.76 3.4 Taxes and Licenses 275.40 .2 Telephone 1,940.52 1.7 Travel and Entertainment 1,129.49 1.0 Total Expenditures 103,066.76 87e5 Total Revenues Over Expenditures $14,773.24 12a5 See Accountant's Compilation Report tF ~ Vail Valiey Communi4y Television Corp. Financial Statemer,ts December 31, 1992 ~ ROBERT C. KENNEY, P.C. {V CERTIFIED PUBLIC ACCOUNTANT THE MnRKET PuCE SuirE 240 TELEPHONE (303) 949-1015 . EA6lE VAIL, CO P.O. Box 1835 • VntL, Co 81658 P.qay 25, 1993. . Vail Vailey Co;r.munity Television Corp. P.O. Box 1263 Vai.l, Colorado 81658 't have compiled 4he accompanying balance sheet of Vail Valley Community Tclevision Cor.p. as of December 39, 9992 ar.d 4he related statement of income for the tv.,elve :r,or;ths then ended in accordance :ti,ith standards established by 4he American lns4i4ute of Accoun- tants. A compilation is-lirnited to presenting in the form of financial statements i^formation ::hich is the representation of :r.anagement. I have not audited or revie:ti,ed the accompanying financial state- rr,ents, and accordir:gly, do not express an opinion or any other form of assurance on them. P.4anagement has elected to o:r:it substan4ially all of 4he disclosures (including the statement o¢ chan.ges in financial position) required by.generally accepted accou:tYing principles. If the omi4ted disclo- sures were included in the financial s4atemen4s, 4hey might influ- ence the user's corclusions about 4he Company's financial position, results of operations, and changes in finar.cial posi4ion.. Accord- ingly, these sta4emen4s are not designed for 4hose who are not informed aboufi such matters. ~ - Robert C. Kenneyo.PC • ~ Certified Public Accoun4ant ~ f' Vai1 Va,lley Community Television Corp. Ealance Sheet December 31, 1992 ASSETS Currenfi Assets Cash $79,195.38 Total Current Assets $79,115.38 Property and Equip;r:en4 Equipment $67,163.31 Studio a:td Leasehold lmprovement 10,628.30 Accumulated Oepreciation (48,886.93) Net Property and Equiprr.en4 28,904.68 $1.08 , 024 . Q8 LIAEILITIES AND FUMDS BALAPJCE Current Liabiiities Payroll Taxes Payable $936.24 Rent Payable 1,333.17 . Total Current Liabilities $2,269.41 Fu^ds Balances Workir,g Capi tal Fur;d Eegir^ir,g of Year 25,000.00 25,ooa.oo Operating Fur,d Begir.ning o¢ Year (2,258.17) - Current Addi4ions (Peductions) -.28,248.82 25,990.65 Capital Fund 8eginning of Year 68,318.18 , Depreciation (13,558.18) - 54,760.Q0 _ Tota1 Funds Balance 105,750:65 $108,02Q.06 'F ~C . ~ - See Accountant's Compila4ion Repor4 4`. Vail Valley Communi4y Televislon Corp. State:nent of Revenues and Expendi4ures For the Twelve PAonths Ended December 31, 1992 Year-to-Date % Revenue Franchise Fees $89,269.40 78.1 Grants 10,500.00 9.2 Dubs 1,587.00 1.4 Sponsorships 9,793.50 8.6 Memtrerships 499.99 .4 In4erest Income 2,698.01 2.4 114,347.90 100.0 - Expenditures Advertisin5 1,587.30 1.4 Aufo Experse 662.11, ,6 Bank Charges 22.65 .0 Commissions 359.65 .3 Contract Labor 17,993.00 15.7 Contrib:ations and Qonations 250.00 .2 Employee Benefits 2,177.62 1.9 . Insurar,ce 837.00 .7 Office Supplies 2,962.36 2.6 Outside Services 300.04 .3 Payroll Taxes 2,912.39 2.6 Postage and Freigh4 . 167.07 .2 Production Fees 2,818.31 2.5 Protessional Fees 767.50 .7 Re^t & U±ilities 14,663.87 12.E Repairs and Mainten3nce 651.23 .6 Sa 1 ar i es and 1Mages 32, 572. 91 28-:"S Supplies 28.60 .Q Tapes 1,803.34 1.6 Taxes and Licenses 375.00 .3 Telephone - 2,058.89 1.8 Travel and En4ertainment • 48.018 .0 Miscellaneous 80.00 ,1 Total Expenditures 86,099.08 75.3 Total Revenues Over.Expenditures $28,248.82 24.7 i. , See Accountant's Compilation Report Va i I Va I I cy Cornmun i t y "fe 1evi s i c;n Corp. Financ:ial Staternents ~ Ue;r.embr-.r 31, 7991 ~ ~ ~R f'1~ , ' , . - ~ - • • ' . . . . . . . yA~ i . . . . . - . . ~y. • ' . , ~ . . . . . . ROL3L=FiT C. ItENNLY, PC TFie Market F'lace - Eag{e-Vii I P 0 t3nx 1835 Va i I, Co Iorado 81678 fN.jrc:h 5, 1992 Vs:i i I VaI I iy Communi t y 1"e I e'd isi on Corp. P.O. t3ox 1263 Vai I, Co Ioradc, 81668 I have r..cimpi I6d t hc. a.r,r:ornpany i ny tyaI anr:e sheefi of Va i I VaI I cy Contmurtity Television Corp. as of Uecember 31, 1991 and tlie rel.jted s t a t emeri1 of i nr.ome ior 1 he twe l ve months then enclec:l i n accr,rclanc:i: w i t h standard5 e s t a b l i s h e t i by the American I n s t i t u fi c : o f Acc:oi.in- iantti. A compi I a t i o n i s 1 I I I I I t Ld l U pr e.s c ri t i ng i n 1 I i e For m o F fi i ri anc: iaI :;tate.ment, Irtformation which is the represcntation of i7i:,riagement. I litive not aiadi tei:1 or ri:vi etvr;d 1 fie accampany i rig f i rianc: i aI s t at e- rnents, and cyrcorriinyly, r,Jn not c.xpress an opinion or ,,ny olhvr farni i? fas s t.i rart c; e o ri t he m.- ManagCmr'nt has Fler.ted to omit substantially aI I tJf iI"1e cJisr.losure;s ( i nc:l ud i ng the statement of c:hanyes i n f i nanr.i.aI pos_i t ion ) requ i red Ly r)enertil ly accepted ai:r:rauntinJ principles.. If ttie.omittec:l clisclo- sures were includeil in thc finanr.ial statemenis, ihey miyl•it influ-- enr.e tlie user's t:onclu5ions ahaut the Company's finanr.ial 4aosition, resulis of operations, and r.hanges in' finanr..ial position. Ar.cord- i riy I y, i hc;se s tatFmerit s are r7ot des i gned for thase who are not inft7?'med about such matters. Robert C. Kenney, PC Certified Public nccountant Vbil Valley Commi.inily 1-elevision Corp. 13alarir..e 51'?cet ~ f.? er. emb er 31 ,'i 991 ASSETS Ci.irrent ASSEiS Mn $76,S94.47 - - - - - - - - - - - Total Current /1s.Sets $/6'5gq.•4*7 F'roFaerty tind E:quipment Et:{u i pment $60, 905.36 Stiad i o ancl Leaseho I d Improvernent 10,62S.30 - Ai;rumulatet1 Deprec:iation (35,328.75) - Net ProFerty :.an!i Fquipment 36,204.91 $112,790.38 l. IA E3 I I_ I T I E S A ND . . i=Ulvf}S BAL.ANCE t;i.irrent t_iabi I itie,s {'aytol I Taxes F'ayable $1,103.20 Fient Payab1 c 1,255i17 fi Deferrcd I;evenue 'f9= ;u7.0G. Tv1al Curreni l.iabi I i t ies , $21, I3J.3"7 ~ Fiands I.iaIance, Workirig CapitaI f-und_ . t3eg i rini ng of year 2S,000.00 ~ . Oper,,t i ng f=und E3c:gi nn i ny of l`ear 3,505.97 - Current /1dd i t i ons (reduct i oris ) (S,764.14) _ (2, rSS. t "I ) C;tp i ta I Fund Begi rin i ny af l'ear -45,:385. 59 ~ Gr~ints I~ereived uOo.~~O } Deprec:ia# ioi7 (17,567.41) 68,31 v. 1V . _ " _ - . - T{]tal FU11dS 63Ia11Ca 91,060.07 . $112,799.33 . ~ , . r. See Acccuntarit's Compi lat ior? Report ~k, ~ Vail VaIley Cornmunity Televisiori Corp. Stati;iit{'Ilt Of Ri'V('.r11JeS <tild I:-xpCf1d1lUt'?S Far tlie: TweIve Monthis E::nded I:)ec:cmbc;r 31, 1991 _ 1'ear-to-Dalc 174`JoI'IIJL f(" ci I'1 f; fl i S F'• Ff; f; S .~.~2,S..;J.O4 62.2 Grants 17,000.00 20.() Du t) s 860.10 7. t1 5pansorshi ps 9,660.00 11.4 I ri t er e s 1 I n i:onie 4, 633'. 57 0.5 8A,9ii2.71 100.0 E=xpenci i tures Ai:ISrertising 4,111.u9 4.8 Auto EXpcClse 1,474.75 1.7 f3%:inbk Cliarges 37.00 .0 Coritrac:t L:1bOC, 11,635.00 14.9 E{.I U C: F:i 1 i C! f I 176.40 E-mployee i:3eI'leflt:: 2,462.58 I n_,uranr.e 872. 00 1.0 fd4.=,n.agemen? 1=ees 3,000.00 3.5 Of f i i:a Supp( i es 1,129.70 1.3 F>ayrol I "faxes :'s,479.G"l 4.1 Pos 1 agi; ancl Fre ight 307. i;C! .4 Product i on Fees 530-.4; .6 F'rofussion.:il Fees 2,555.00 3.0 13erit 2s Ut i I i t ies 13,356-99 15.7 liep<:iirs aricl Maintenanc•~~ 2,299.25 • S.1I.1ries .1nd W,acJc'.; 36,083.32 42.':i I i:i p(; S 2,133.63 c.,:.) r.. Taxes arid L i c:ense:; 205.00 .2 -I c:. 4 ephone: 1,774.82 2.1 1-ravc;l and t=ntertainrnc;rit 986.22 10 M1 S i.:eI I afleoI.15 1,145.55 1.4 - `I"otal E:xpc;nditures 00,756.85 106.8 Total Ri;venues Over f::xpenditures ($5,764.74) (6.8) 7~ . . . = See Ar.r..ountarit' s Confp i Iat i on 13epor t I • ~ l• ~Mr - - ~ . • . . ' ' , . . . Vaif Valley Community Television Corp. Financial Statements ~ ~ December 31, 1990 t '1. ~ s,~~ - . _ . . _ - ~ ~ , . . . ' . . . . - ~ . . , s~ ` . , . . r~ . ~ . . . • ~ - ~ . y -R03ERT C. KENNEY, PC The Market Place - Eagie-Vail P 0 8ox 1335 Vail, Colorado 87678 .41 . February 08, 1991 Vail Valley Community Television Corp. P.O. Box 1263 - Vail, Colorado 81658 I have compiled the accompanying balance sneet or Vai! Valley Community Television Corp, as of December 31, 1990 and ihe related statement of income for the twelve months ihen ended in accordance with standards established by the American Institute of Accoun- tants. A compilation is 1im;ted to presenting in the ferm of ;;nancial ` statcments inrormation vrhicn is the represen*.ation oT manacement. f have not audited or revievred the accompanying -1 inancial state- mer,ts, and accordingly, do. not ex.press ari opinion or any other rorm of assurance on them. M:anagement has elected to omit substantially all of the disclosures (including the statement of changes in financiat position) required by yenerally accepted accounfing principles. If the omitted disclo- " sures were included in the financial statements, they might influ- encc the user's conclusions about the Cornpany's financiai position, : results of operations, and changes in financial position. Accord- ingly, these statements are not designed for those wno.are not informed about such matters. :r. . t Robert C. Kenney, PC Certified Public Accountant . . . ~t,:. Vail Vailey Community Television Co'rp. Balance Sheet December 31, 1990 ASSETS Current Assets Cash $35,552.23 Total Current Assets $35,552.28 'Property and Equipment Equipmerit $52,063.72. Studio and Leasehold Improvement 10,628.30 Accumulated Depreciation (17,761.34) Net Property and Equipment 44,930.68 $80,432.96 ! IA81LITiES A,tiD FUNDS BALANCt Current Liabiliiies Payroll Taxes Payable $2,336.23 RENT PP.YRSLc i,255.17 Dcrerred Rental Reimbursement 2,300.00 Toial Current Liabilities ~6,091 .40 Funds 8alances 1`,rcrkino Capi tal Fur,d ::~eginninn o+ Year ,000 .00 " 27,000.4d - Uneratino Funa Beginning of Year 3,554.41 =und Transfers- (40,000.00) - Current Additions (Rqductions) 34,951.56 - 3,505.97 ' Capital Fund . Beginning of Year 18,917.56 Fund Transfiers 40,000.00 . Depreciation _(13,031.97) - - - - - - - - - - - - _ 45,885.59 - - - - - - - - - - - - - Total Funds Balance 74,391.56. . , , . . . : - . , : . . _ . . . . . $80,482.96 - - - - - - - - - - - - - - - . . F.,-., See Accountant's Compilation Report k~: , . • f^ ~ ' t , • Vail Valiey Community Television Corp. Statement of Revenue and Expenditures ror the Tweive Months Ended Decemoer 31, 1990 Curr-ent Quarter % Year-to=Date % Revenue Franchise Fees $0.00 .0 $52,606.03 42,7 Grants 0.00 .0 56,000.00 45.4 Dubs 233.00 3.5 343.00 .3 Sponsorsnips 5,736.74 85.9 10,611.74 8.6 Interest Income 715.81 10.8 3,733.68 3.0 0,735.55 100.0 123,300.25 100.0 Expenditures Advertising 2,353.94 35.1 3,365.41 3.1 Auto Expense 123.65 1.8 217.10 .2 Bank Charges 46.90 .7 40.90 .0 Contract Labor 4,240.00 83.0 14,105.00 11.5 Conirioutions and Donations 75.00 1.1 325.00 .3 Dues and Subscripiions 175.00 2.6 175.00 .1 Education 0.00 .0 165.00 .1 Employee Benifits 273.00 4.1 270.00 .2 lnsurance 649.00 9.6 1,265.00 1.0 fUianagement Fees 1,250.00 18.6 10,250.00 3.3 Office Suuplies 753.16 11.2 2,371.53 1.9 Outside Services 0.00 .0 653.00 .5 Payroll Taxes 1,020.55 15.2 2,915.07 2.4 Postaac Und Freight 73.20 1 .1 192.27 .2 °ro`essional Fces 0.00 .0 1,127.50. .9 '"I I-: ii t & lJ l i I i t i f: J 3, 7.54 ..'r~ 4 JJ . O 15,085.93 112.2 ;e:E3 a i rs and tvla i n tenance 0. 00 . 0 1, 1 10. 74 9 Salaiies and 1^lages 9,750.00 144.3 27,500.00 22A Supplies 886.17 13.2 1,314'.50 7.1 Tapes 952.19 14.1 1,881.67 1.5 Taxes ar,d Licenses 0.00 .0 10.00 .0 Telephone 540 .95 8.02,010.33 1.6 Travel and Entertainment 803.47 11.9 1,232.45 1.0 Plliscellaneous 0.00 .0 113.29 .1 Total Expenditures 27,736.12 411.8 83,343.69 71.7 " Total Revenues : Over Expenditures ($21,000.57)(311.8) ~34,951.56 28.4 ; ~ a: . See Accountant's Compilation Report . • i Vail Elley Community Television Corp. Statement of Revenues and Expenditures For the Twelve Months Ended December 31, 7990 Year-to-Date °o Revenue Franchise Fees $52,606.83 42.7 Grants 56,000.00 45.4 Dubs . 348.00 .3 Sponsorships 10,611.74 8.6 . Interest Income , 3,733.68 3.0 123,30a.25 100.0 Expenditures Advertising . 3,008.41 3.1 Auto Expensc 217.10 2 Bank Charges • 46.90 .0 Contract Labor 14,185.00 11.5 Confributions and Donations 325.00 .3 Dues and Subscriptions . 175.00 .1 Education 165.00 .1 Employee Eenifits 278,00 2 Insurance 1,265.00 1.0 Management Fees 10,250.00 3.3 Ofrice Supplies 2,371.53 1.9 : Outside Services . 653.00 ,5. Payroll Taxes 2,915.07 2.4 Fostage and Freight ;92;27 ` Professional Fces 1,127:=0 g Il eIl l V. l,l ` I I I L I e.r's i I J G J. J.J . 1L,2 Rc;nai rs ar,d hv9aintenance ;~;~J 1 0 ,74 g Salaf- ies and Wages 271 500.00 22.3 Supplies 1,314.50 1.1 Tapes 1,381.67 1.5 Taxes and Licenses 10 .00 .0 Telephone 2,010.33 1,6 - Travel and Entertainment 1,232.45 1.0 Miscellaneous 113.29 ,1 iotal Expenditures 88,348.69 71,7 Total Revenues Over E•xpenditures g34,951 .56 28,4 =<a: . . . - F ' . . _ . . . . . , ~altii~: . . • . . • _ . . . , ~•,i " 'SY'. . . ' . . . . . " . . . . . ,yi. , . . . ; . . ~:.w. . . r:. ~1 See Accoun4ant's Compi.iation Report ''.o ~ { . ~ . Vail Valley Community Television Corp. Financial Statements • December 31, 1989 r . . ' . ~ . . . . . . . . . _ . . • . . . . ~ - . . ~ . . . _ . . . - ~ • , ~ . . • t.. . - . . . . . ~ . ' A08ERT C. KENNEY, PC _ . The Market Rlace - Eagle-Vail' P O.Box 1835 Vail, Colorado 81678 - January 99, 7990 Vail Valley Communi4y Television Corp. . P.O. Box 1263 _ Vail, Colorado 89658 I have compiied the accompanying balance sheet of Vail Vallcy Commuriity Television Corp. as of December 31, 1989 and the related statement of income for the twelve.months 4hen ended in accordance with standards established by the American Institute of Accoun- ; tants. • , • A compilation is linited 4o presenting in the 4arm of financia{ statements informa4ion vrhich is the represen;ation of management. I have not audited .or revievaed the accompanying financial state- ments, and accordingly, do nat.express an opinion or any othPr form of assurance on them. Mjanagcment has etecYeG 4o emit subsYantially all of the disclosures (including the sta4ement of changes in financial posi4ion) required by generally accepteci accoun4ing principles. If the omitted cisclo- sures vrere included in the financiai statemcnts, they might influ- . ence the user's conclusions about the Company's fiinancial position, results of operations, ard changes in financial position. Accord- ingly, these statements are.no4 designed for those vrho are not. informed about such ma4Yers. v . . . . Rober4 C. Kcnne , PC_ Certifaed Public Accountan4 . 4 I • A'. • ' . • , " , • • b.. • • • • ' • . . • . • . ' . • . . . _ tifVa I I ey Commun i t y Te I ev i stor, Co r p. Ealance Sheet - . ' Dccenbcr 31, 19$9 • ASSETS .Current Asse:s Casn $34,300..49 Total Current Asse4s ~ - $34,300.49 Proper:y and EGuipment Eguipmen4 $23,646.93 Accunulated Jeprecia4ion (4,729.37) (ve:Properiy and EGuipment 18,917.56 $53,218.05 LIP.BILITIES AND _ FUND BALANCE • Currcnt Liabilities Payrall Tar,cs Payable . 746•08 Tota! Curren: Liabilities . 5746.08 Fund Ealances - - 1'Jorking Capi tal rund Fund Ttansfers . 25,000.00 . 25,OC0.00 • Operatirg Fund • Beginning of Ycar 25,613.79 Fund iransfers . (25,000.00) Currcnt Adoitions (Reduc4ions) 26,358 .18 27,4?.1.97 Tota! Fund Balance . 52,471•97 iotal Liabi l ities And rund Balance ' $53,215.05 See Accoun'Larit's Campi.lation Repor4 yValley Community Televis,i. Corp. " . Statement of Revenues and Expenditures For the Twelve Months Ended December 31, 1989 Yezr-Yo-Ga4e Revenue Contribu4ions . $200.00 .3 Franchise Fees " 47,534.86 68.2 Grants . 96,000.00 '22.9 • Dubs • 195.00 .3 Sponsorships. . . 2,225.00 3.2 interest lncome . 3,595.19 5.2 ' 69,749.97 100.0 Expenditures . ~ Advertising - 2,997.53 4.3 Bank Charges 15.00 .0 _ Commissions 101.25 .2 Contract Labor . 6,407.50 9.2 . _ Depreciation 4,729_37 6.8 Dues and Subscriptions ' 40.00 .t Employee Benifits 205.50 .3 Management Fees 12,000.40 17.2 Office Supplies 563.35 .o P.ay.ro I I Taxes 180.24 .3 Postage and Freight 69.65. .1 Props . 283.37 .4 ' Professional Fees 1,778.90 2.6 Rcnt & Utilities 8,485.84 12.2 Repairs and h9aintenance 463.36 .7 Salaries and Wages 2,'400.00 3.4 Tapes - 947.09 • 1.4 Telephone' 893.49 1..3 Travel and Entartainment 330.35 .5_. Total Expenditures 42,391.79 61.5 Total Revenues - Over Expenditures $26,855.18 38.5 - See Accoun4anf°s Compila4ion Repor4 1tiJLES ANID PItOCEDiJItES FOR THE ZTSE OF , VA%L VAY,LEY COFSP2iTN%TY TELEV%SIOflU PUBLIC ACCEBS F'ACILIT%ES - SERVICES EQU%PMEN'1' Revised Summer 1993 . r: _ S TAB%E OF CONTEN'%'S Introductioneee ooooevooevoavo.evoovoevaoavoae Hours of Operationoevoooe...e.o................ Resourcesevooeevoovooooveoovoovooevooevoevooevo Format evooeevoosaoe ooevooevoevoovooevoovoovo Basic Steps for Facilities Useooeooe..ee..<.... - Training Workshopseao°aoaee°o.°o<...e.o........ Facilities and Equipment Reservationsevaevo°eoe - Equipment Check-Outeevooe°ooae..e.............. Equipment Check-In>e°o°oe.a.e..a Editing, Viewing and Dubbing Equipmentoovoee°oe Studio Productionsaveveoe °oo ..ee......<...... Proper Utilization of Facilitieso<eo°e°oe...... Scheduling a Program on WCTVooe°ao°oe.a....... Program Requirementsee°oe°ooee..ee..>..<....... Video Tape Allocation<ve ee°a>°eo.............. Public Access Content Guidelinesovooevooee..e.. Series Programmingo< soo<e°ao.°oe.o....e....... Production Underwriting Creditseoeveovoo..oe..a Promotional Announcementseeo>voa°ooae.......... Appeal of Disciplinary Action<oo°e.eee......... Public Inspectionooe°ooeee..°a..ee............. Fee Scheduleveooe>vaoe>esoaevaoovooveoovooee°o> S' %IdTRODZJCTgOPd The purpose of public access is to protect and increase freedom of expression, diversity of ideas and community communication through the medium of cable televisione Since its inception in 1982, Vail Valley Community Television (WCTV) has provided area residents, organizations, agencies and institutions with free, non-commercial television production and related services on a first-come, first- served, non-discriminatory basis, free from censorshipe These services include video and audio production equipment and facilities, professional assistance and cablecasting of non-commercial public access television programs on access cable channel 5e All policies relating to the operations of Vail Valley Community Television are adopted by the corporation°s Board of Directorse The Board of Directors consists of eight members, including representation from the towns of Vail, P,von and Minturn. If you are interested in attending monthly Board of Directors meetings, or wish to have input in the various decision making processes, contact the Vail Valley Community Television offices at 949-5657e IiOYTlaS OF OPE1tAT%O1tT The WCTV facilities at 77 Metcalf Road in Avon are normally staffed from 8 aema to 5 peme Monday through Friday to assist in training, equipment check-out, production work, and other projects on behalf of the station°s userse Evening and weekend access by community users may be scheduled at the discretion of the WCTV staffo The WCTV facilities will be closed to the public on the following holidayse New Year°s Eve and Day Easter Sunday Memorial Day Independence Day Labor Day ' Thanksgiving Day Christmas Eve and Day ItESOYRCES WCTV houses an inventory of four VHS camcorders, and one Hi-8 camcorder to support single and multiple-camera productionse Editing stations include two VHS units (one of which accommodates S-VHS), one 3/411, and one Hi-8 statione A I small production studio also is maintained. These facilities are available on a first-come, first-served non- discriminatory basis to certified userse - FORKAT WCTV currently supports the following formatss S-VHS, VHS, 3/410, and Hi-8 videotape; cassette and CD audioe All programs for on-air use must be converted to VHS formate BAS%C STEPS FOR iJSE OF COMAfiTRT%TY ACCESS F'AC%L%'d'%ES The community access facilities and corresponding workshop - training classes are limited to free use by residents of the TCI franchise areae Other participants may pay an annual user fee to be determined by WCTV. Al1 facilities and equipment are available to the public provided that the usero o Is making a non-commercial program for public access cablecast on Channel 5e o Has at a minimum attended a WCTV orientation workshope e Is certified to use the equipment requestede o Has signed all corresponding waivers and forms, including liability release, equipment check out, program proposal form, etce '!'RA%N%IdCB WO%t$SHOPS . Free orientation workshops for residents within the TCI franchise area are offered the first and third Tuesday of each month beginning at 5030 peme at the WCTV studiosa Basic studio, field production and editing classes are scheduled monthly based on demando Specialty workshops for advanced users also are available based on demand. FAC%%,%'%'%ES AND EgLJ%PRiEld'I° %2ESERVATIOIVS The WCTV staff will make reservations for facilities and equipment on a first-come, first-served, non-discriminatory basiso These reservations must be made for a specific program to be aired on Channel 50 WCTV staff should be notified of a cancellation 48 hours prior to the scheduled reservationo With early notification, WCTV may be able to assign the time to another usere Unless alternate arrangements are made in advance, facilities/equipment will be made available only to the individual whose name appears on the reservatione If cancellations of future scheduled equipment and/or facilities use are necessary due to no-shows or equipment damage, the sanctions will be to the.individual who signed for the equipment and the project name appearing on the reservationo Reservations for equipment/facilities use can be made up to six (6) weeks ahead, but no later than 48 hours in advance of useo Individual community users shall not have more than six (6) reservations at any given timeo Additional non-reserved check-outs are possible, if the - equipment is available on the day of inquiry, subject to . staffing and'scheduling limitationso Users may schedule reservations for equipment/facilities based on the production of one program or series at atimeo The simultaneous production of multiple programs is discouraged and will only be approved for advanced userse All check-out equipment is available for a maximum of a day and a half (36 hours) on weekdays and two days (48 hours) on weekends per reservatione Extended check-outs must be approved by the WCTV staffe EgU%PMENT CHECK-OUT Equipment check-outs must be scheduled between the hours of 8 and 10 aeme and 3 and 5 pom. Monday through Fridayo Additional check-out hours may be arranged with staff approvalo Certified users with confirmed reservations must check out equipment at the scheduled time during the appropriate check- out periode Users will be required to complete and sign an equipment contract and leave a copy of their driver°s license with staffe It is the user°s responsibility to determine that the equipment is in working condition at the time of check-oute Any malfunctions or surface damage must be noted on the check-out form and signed by a staff inember and the usere If a user is thirty (30) minutes late for his/her check-out and has not notified staff prior to the scheduled appointment, his/her check-out will-be canceleda Users on a stand-by list will be notified of equipment availability and that equipment will be rescheduledo Three (3) 11no-shows" during athree (3) month period will result in cancellation og all previously scheduled reservations of equipment and facilities. EguIPMENT cHEcK-gN Equipment check-in must be scheduled between the hours of 8 and 10 aeme and 3 and 5 p<mo, Monday through Fridaya Additional check-in hours may be arranged with staff approvalo The user is required to return, at the specified time, all equipment in undamaged, working order and is liable to compensate WCTV for damages that occurred during the time the user has assumed responsibility for the equipmento Staff - will inspect and test the equipment and will notify the user of any loss and/or damage< Any such malfunction will be noted on the check-in form and signed by staff and the user. The user will have 30 days to work out satisfactory agreements with the Executive Director for payment of costs of repair or-replacement of any equipment loss and/or damageo All payment must be made within one year from the date of damage or losse Al1 user privileges will be suspended until satisfactory agreements for payment are madea If the user is thirty (30) minutes late and has not notified ' staff prior to the scheduled appointment, his/her next reservation will be cancelede Three (3) of these 1°late - returns°0 in a three (3) month period will result in cancellation of all previously scheduled reservations of • equipment and facilitiese ED%T%NGo V%EW%NG ARTD DIIBB%NG EQII%PME%d'I' Editing, viewing and dubbing equipment is available during all hours the WCTV facility is open for access productione The maximum time block scheduled is three (3) hours, unless a special request is made to and granted by the WCTV staffo Such requests will be granted only if a special need is demonstrated by the usere Editors must arrive and claim their reservation within fifteen (15) minutes of the scheduled starting timea Failure to arrive within fifteen (15) minutes of the scheduled time or to call prior to the scheduled time will result in forfeiture of the entire reservatione Three "no shows" in a three (3) month period will result in forfeiture of all - previously scheduled reservations of equipment and facilitieso Editors must vacate facilities by the completion ; time of their reserved time unless the following time is unreserved or the next editor voluntarily grants an extensiono ; i ;S. STIID%O PRODUCTIONS Utilization og the WCTV studio is scheduled on a first-come, first-served basiso There is a two hour (2) limitation placed on studio productions at any given timeo Exceptions must be approved by WCTV staffo It is the producer's responsibility to make sure his/her production crew has • attended and completed all required certification workshopse Users must arrive and claim their reservation within fifteen (15) minutes of the scheduled starting time> Failure to arrive within fifteen (15) minutes of the scheduled time or to call prior to the scheduled time will result in forfeiture of the entire reservationo Three (3) "no shows'° . in a three (3) month period will result in forfeiture of all previously scheduled reservations of equipment and facilitiese Producers must vacate the studio by the completion time of their reserved time unless the following time is unreserved or the next producer voluntarily grants an extensione PROPER UT%L%ZAT%ON OF EQII%PMErdT/FAC%LYTYES Community access equipment is very expensive and like all television equipment, very fragilee To ensure its availability, this resource must be protected for the benefit , of all community users. Equipment should be carefully packed before being transportedo Lost or damaged equipment must be . reported immediately to WCTV staffe Food, drink and smoking are prohibited in the production facilities except in designated arease If food, drink or smoking are necessary as set material, the user must obtain - permission in advance from WCTVe Unauthorized use of food, drink or smoking in production areas will result in an immediate 30-day suspension of access involvement of any naturee Users must carry the responsibility of facility cleanup following useo This includes returning all equipment to its proper placee Violation will result in an immediate 30- day suspension of access involvement of any natureo Personal materials and/or props may be brought to the studio at the owner°s riske WCTV is not liable for damage or losse Users are not allowed to attempt self-repair of equipment without consent from WCTVe self-repair will result in an immediate 90-day suspension of access involvement of any natureo Users may not rewire equipment without consent from WCTVo Rewiring equipment will result in an immediate 90-day suspension of access involvement of any naturee Use of alcohol or illegal drugs prior to or during the use of facilities or equipment belonging to WCTV is not acceptableo - Violation will result in an immediate suspension of access involvement of any naturee Theft, an act of violence and/or destruction of property, falsification of records, failure to follow a reasonable and legal procedure, or knowingly violating any WCTV policies or rules is unacceptable. Violation will result in immediate . suspension of access involvement of any naturee SCHEDUL%NG A PROGRAM ON VVCTV ' Public access cablecast time is available free of charge to any WCTV user who has attended an orientation and made a request for cablecast time> Programs are scheduled between the hours of 7e30 aomo and 11e30 peme seven days a week> Users who wish to have their programs cablecast on Channel 5 should first obtain a program request form from WCTV staff and indicate preferences for schedulinge Although scheduling preferences are not guaranteed, staff will work to find a time slot suitable to the usere Any user under the age of 18 must have his/her parent or legal guardian sign as the responsible party on the program request formo All requests for channel time will be processed on a first come, first served, non-discriminatory basis, depending upon ' the availability of cablecasting equipment and channel timeo Locally produced programs may air on WCTV two (2) or more times per week, but no more than once (1) per week between the hours of 5 and 10 peme Non-locally produced programs may air one (1) or more times a week, but no more than once (1) per week between the hours of 5 and 10 pemo For purposes of this section, locally produced programs are defined as programs produced by WCTV userse Programs , . produced by other sources will be considered for cablecast if requested by a member of the local communitye This local ' contact person for programs non-locally produced must attend ' a WCTV orientation meeting before requesting the program be scheduledo In instances when it seems desirable to cablecast a program more than policy indicates, an exception may be made by the WCTV staffo Users/submitters may request available cablecast time up to . three (3) months in advance< If a user fails to submit a scheduled program or a new, original program, the user is subject to forfeiture of cablecast time scheduled for that programe WCTV reserves the right to reject a program if it does not meet minimum technical standards (loss of control track)a PRoGRAM REQvgREMENTS Locally produced videotapes are not expected to meet broadcast standards; however, those tapes which do not carry a stable signal over the cable system or which may damage WCTV equipment will not be cablecasto All programs submitted for cablecast must contain 10 seconds of black at the beginning of the program, followed by a 10 second station id, and closing creditso All program submissions (on 30, 60 or 120-minute tapes) are to be filled out to the end of the tape by the usere Producers of public access programs retain all rights to the content of their programs, although all master tapes are the property of WCTVo Producers are responsible for securing appropriate releases of copyrights, talent, etce The producer°s signature upon a WCTV liability form releases the WCTV staff and Board from liability or legal fees and expenses incurred as a result of the cablecasting of the programa WCTV reserves the right to recycle programs on WCTV tape stock thirty (30) days after the final cablecast date unless other arrangements are madeo VIDEO TAPE ALLOCAT%ON Producers of 30-minute programs may be issued one 60-minute . tape (or any equivalent combination of minutes) for raw footage and one 30-minute tape as the edit master. Additional tapes must be provided by the producero Upon completion of the program, all tapes issued by WCTV must be returnedo Producers of 60-minute programs may be issued two 60-minute tapes (or any equivalent combination of minutes) for raw footage and one 60-minute tape as the edit mastere Additional tapes must be provided by the producero Upon completion of the program, all tapes issued by WCTV must be returnede ` PUBL%C ACCESS COFTEYd'I' GIIYDEL%NES Obscenity is not considered protected speech under the First Amendment to the United States Constitutiono The public access producer/submitter should be aware that under the federal Cable Communications Policy Act of 1984 as amended, whoever transmits over any cable system any matter which is obscene or otherwise unprotected by the Constitution of the United States is liable for substantial criminal penaltiese WCTV requests that any program which contains excessively - violent material, excessive adult language, nudity or sexually explicit material carry a disclaimer at the beginning and near the middle of the program to reado 1°This program contains material which may not be suitable for all viewerse Parental discretion is advisede" WCTV asks that the producer/submitter of programs which contain excessively violent material, excessive adult language, nudity or sexually explicit material voluntarily cablecast their programs after 10 pomo WCTV reserves the right to precede or follow any program with parental discretion advisories, disclaimers or other informational . materialo Additionally, the Cable Act of 1984 prohibits public access programming containing advertising and lottery or gambling informatione SEIt%ES PItOGRAMM%RT(s Series programs will be scheduled for three months (maximum) from the date of the initial cablecast of the programo The application expires at the end of that three-month periodo Producers or sponsors may submit an application for renewal no more than 15 days prior to the expiration date of the current applicatione If the producer does not renew the application during that period, the time-slot will be made available to any producer or sponsor--including the original producer--on a first-come, first-served basis. Series producers may substitute a repeat program for one out of every six regularly scheduled series time slots> They may not substitute the same program for two consecutive repeatso Should a producer submit two consecutive repeats, the series status may be changed (ivee, a weekly series will be dropped to a bi-weekly, a bi-weekly to a monthly, etce) PRODUCT%ON AND ACQU%S%T%ON iTYdDERWR%T%NG CRED%TS A 10 second mention may be given--both preceding and - following the body of a program--to underwriters who contribute money, materials, locations, or other services toward production of the programe Credit may also be given to underwriters who contribute funding for acquiring programs already producedo All underwriting credits may include the legal business name, . commonly recognized trademarks and type of business or - service. Credits may not include prices of items or services for sale nor mention of upcoming sales promotions, commercial events, etce ~ Credits may not include underwriter phone numbers or addressese However, an underwriter belonging to a chain of businesses with the same name may be identified with a street name, as in °°X business on 4th St ot° PItOMO'!'%OIdAL ANNO0NCEMEPd'%'S All series participants must provide the station with a 10 to 60 second public service announcement promoting their showe Promos must be provided in an acceptable format separate from the programa Identification of WCTV in promos should be consistent with that used by the channel itself, ivee, °°Vail Valley Community Television, Channel 5e" In = addition, users are encouraged to provide staff with regular information about their shows so WCTV can publicize the programming through other media outletse APPEAL OF D%SC%PI,YRTAIdY ACT%ON A user may appeal any disciplinary action by submitting a written statement to the Executive Directora Al1 appeals must be submitted within ten (10) calendar days of the date ' of the disciplinary actiono The disciplinary action will remain in effect throughout the appeals processe The Executive Director will investigate the circumstances surrounding the disciplinary action and return to the user a written decision within ten (10) calendar days from receipt of the written statement from the usere A user may appeal the Executive Director°s decision to the . Executive Committee of the Board of Directors by filing a notice of appeal to the Executive Director within thirty (30) dayso The Executive Committee of the Board of Directors shall hold a hearing on the appeal within five (5) days of the filing of the notice of appeal and shall render its decision immediately following the hearingo - PLTBL%C %PiSPEC'%'%OklT WCTV will maintain a complete and accurate file of names and addresses of all persons or groups requesting public access time slots, and a daily programming log of all material cablecast on Channel 5. These records will be retained for a minimum of two years and will be kept at the WCTV office, 77 Metcalf Rde, Avona The log is available for public inspection between the hours of 8 aeme and 5 pemo Monday through Friday except on holidays observed by WCTVe Persons requesting public inspection shall identify themselves by name and address> This information will also be placed in the WCTV files available for public inspectiono Open access time slots will not be made available to individuals or organizations who refuse to have their names on file and made available for public inspection. FEE SCHEDULE Direct User Services WCTV Newsletterooaeeeveeo ,,,,,,,,,e,,,,,No Charge Use of Studios (TCI Franchise Resident)voee,evoooNo Charge Use of Studios (Non-TCI Resident)ooooeevee>evoooe$ Use of Editing Facilitites (TCI Resident)oveooeveNo Charge Use of Editing Facilities (Non-TCI Resident)eevea$ Use of Portable Equipment (TCI Resident)eeee°ooaeNo Charge Use of Portable Equipment (Non-TCI Resident)evooo$ Use of Viewing and Dubbing Facilitiesaeevosoove „ No Charge - Cablecasting of Programseoo,e„ ovovooee„ „ o,,,No Charge ~ Training Classes and Services Orientation Classee vo,voo,ovae,e,oooo.,,,,e,e „ oNo Charge Basic Field Productioneeveoeeevoooeee,><„ oo,,,,e Studio Trainingevaoavo,,,o,e,,,,,,,o,,,,,,,,,,,,, Editing Trainingeooo„ <o,,,,,,,,,,,,,>,,,,,,,,,,, Basic Training Packetsooeevo,ae,,,o,aoo„ o,,,,o „ Advanced Training Courses and Workshopsevooooe,vo Dubbing Services Additional Services WCTV Annual Membershipevooova,o,,,,,,,ooo,,,,,,,$25 VHS Videotapese°ooeevo.evooo,>ooooea°oooe.eevoooe Hi-8 Videotapesovooaoe.oeeevooeee°eooeveeveooo°eo S-VHS Videotapesooeeee.,ooe„ o,oee,,,ooo,,,,,,,,, Character Generator Diskseaooo,,,,,o,e,,,,,,,,,,, i_ , BYLAWS OF THE VA%L COMMJN%TY TELEV%S%ON CORPORAT%ON A3T%CLE 1 MEPBERS The Corporation shall have no members. PeFtT I CLE I % BOARD AF D%12ECTORS Section le Powers and Duties The Board of Directors shall have general power to control and manage the affairs and property of the Corporation, and shall have full power, by majority vote, to adopt rules and regulations governing the action of the Board of Directors _ and shall have full authority with respect to the : distribution and payment of monies received by the Corporation from time to time; provided, however, that the fundamental and basic purposes of the Corporation as expressed in the Articles of Incorporation, shall not thereby . be amended or changed, and provided further, that the Board of Directors shall not permit any part of the net earnings or capital of the Corporation to inure to the benefit of any : private individuale ~ Section 2e Number, Election, Term of Office and Removal ' The number of Directors shall not be less than five (5) nor more than seven (7), number to be fixed from time to time by ' action of a majority of the entire Board of Directors provided that no decrease shall shorten the term of any incumbent Directoro The initial Directors shall be those . persons named in the Articles of Incorporationo Directors shall be elected at the annual meeting of the Board of : Directors by a majority of the Directors then in office, except as hereinafter provided for the filling of vacancies< Each Director shall continue in office until the expiration of the term for which he is elected or until a successor shall have been elected and qualified, or until his/her death, resignation or removalo All Directors shall be residents of Eagle County and reside in the area between the summit of Vail pass and the eastern boundary of the Town of Wolcotte Any Director may be removed, with or without cause by a vote of a majority of Directors then in officeo No person shall be eligible to become a Director if such person is an Officer, Director, Agent, or Employee or Stock Holder . of TCI Cablevision of the Rockiese Bylaws page 2 Section 3. Vacancies Any vacancy in the Board of Directors arising at any time and from any cause may be filled for the unexpired term at any meeting of the Board of Directors by a majority of the Directors then in officeo Section 4e Annual Meetings; Notice The annual meeting of the Board of Directors shall be held at the principal office of the Corporation no earlier than . November lst, and no later than December 15th of each calendar yearo Notice of the time and place of such annual meeting shall be given by the Secretary by mailing a copy thereof or delivering the same to each Director not less than ten (10) nor more than thirty (30) days before such annual meetingo . Section 5e Special Meetings; Notice Special meetings of the Board of Directors may be held upon : the call of the President or of any two Directors at the principal office of the Corporation or at such other place as may be designated in the notice of such meetinge Notice of the time, place and purpose of any special meeting of the Board of Directors shall be given by the Secretary by mailing . a copy thereof or delivering the same to each Director at least two (2) days before such meetingo , Section 6. Regular Meetings; Notice Regular meetings of the Board of Directors shall be held at such time and place as the Board of Directors shall designate and notice of such regular meetings need not be givene Section 7. Quorums; Adjournments of Meetings At all meetings of the Board of Directors a majority of the _ Directors then in office shall constitute a quorum for the transaction of businesso In the absence of a quorum, a ~majority of the Directors present may without giving notice other than by announcement at the meeting, adjourn the meeting from time to time until a quorum is obtainede At any such adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted ~ <<. , i Bylaws page 3 at the meeting as originally calledo Section 8. Organization The President of the Corporation shall preside at all meetings of the Board of Directors or, the Board of Directors may select from among its members a Chairmano The presiding officer may appoint any person to act as the Secretary of the meetingo Section 9e Action by Directors without Meeting Any action required or which may be taken at a meeting of the directors, shareholders or members of an executive or other committee may be taken without a meeting if one or more consents in writing, setting forth the action so taken, shall be signed by all of the directors, members of an executive or other committee, or all of the shareholders entitled to vote with respect to the subject matter thereof, as the case may : bee The record date for determining shareholders entitled to take action without a meeting is the date the first stockholder signs the consente Action so taken without a meeting shall be effective when all directors, committee . members or shareholders entitled to vote, as the case may be, have signed the consent unless the consent specifies a different effective datee , Section l0e Resignation or Removal A Director may resign by delivering his/her written resignation to the Corporation at its principal office or to any officere Such resignation shall be effective upon its ; acceptance by the Board of Directors and the election or appointment of his/her successore ' If any Director who was duly elected or appointed fails to attend three (3) consecutive regular meetings of the Board without the Board having entered upon its minutes and approval for an additional absence or absences shall be removed from the Board of.Directors; except that.such : additional absence or absences shall be excused for temporary ~ mental or physical disability or illnesso Y. r L f ~ ~r .l i je ~S'•: Bylaws page 4 ARTICLE I%% OFF%CERS Section lo Officers The Officers of the Corporation shall be a President, a Vice-President and Treasurera One person may hold more than one office in the Corporation, except that one person - may not hold both the offices of President and Secretaryo No instrument required to be signed by more than one Officer may be signed by one person in more than one capacityo Section 2e Election, Term of Office and Removal The Officers of the Corporation shall be elected at the annual meeting of the Board of Directors immediately following the election of Directors, and they shall continue in office until their successors shall have been elected and qualified, or until their death, resignation or removale Any Officer of the Corporation may be removed with or without cause by a vote of the majority of the Directors then in officeo Section 3. Other Agents The Board of Directors may from time to time appoint such agents as it shall be necessary, each of whom shall hold office during the pleasure of the Board of Directors, and shall have such authority, perform such duties and receive such reasonable compensation, if any, as the Board of Directors from time to time may determinee Section 4. Vacancies Any vacancy in any office may be filled by the Board of Directors and the Officers elected shall hold office until ' the election at the annual meeting of the Board of Directors . and the qualification of the successore Section 5e Presidenta Powers and Duties . The President shall preside at all meetings of the Board of Directorse He/she shall generally manage and supervise the affairs of the Corporatione He/she shall keep the Board of Directors fully informed, and shall freely consult with them Bylaws page 5 concerning the activities of the Corporatione He/she shall have the power to sign a loan, unless the Board of Directors shall specifically require an additional signature, in the name of the Corporation all contracts authorized either generally or specifically by the Board of Directorse He/she shall perform all duties incident to the office of President, subject however to the control of the Board of Directorso - Section 6e Vice-Presidents: Powers and Duties The Vice-Presidents shall have such powers and duties as may be assigned to them by the Board of Directorso In the absence of the President, the Vice Presidents in the order designated by the Board of Directors shall in general perform ° the duties of the President. Section 7e Secretarye Powers and Duties • The Executive Director, as a part of his/her job duties will act in this capacity and shall attend to the giving and serving of all notices of the Corporation and shall perform all duties incident to the office of Secretary. - Section 8e Treasurer: Powers and Duties The Treasurer shall have the custody of all funds and securities of the Corporation which may come into his/her ~ handse He/she shall keep or cause to be kept complete and ' accurate accounts of receipts and disbursements of the Corporation and shall deposit all monies and other valuable ~ effects of the Corporation in the name and to the credit of the Corporation such banks or depositories as the Board of Directors may designatee Whenever required by the Board of . Directors he/she shall render a statement of his/her accountso He/she shall at all reasonable times exhibit his/her books and accounts to any Officer or Director of the _ Corporation, and shall perform all duties incident to the Officer or Treasurer, subject however, to the control of the Board of Directors, and such other duties as shall from time to time be assigned to him/her by the Board of Directors. y. ~ f°= 1. i= !d , k: r; Bylaws page 6 - ARTICLE IV sTANnaNG corMaTTEEs Section lo Number There shall be two (2) standing committees of the Board of Directors as followsa A. Audit Committee B. Nominating Committee Section 2. Appointment and Functions of the Standing Committees The Board of Directors shall appoint the Chairmen and members of all Standing Committees. The Board of Directors can create and appoint members to any sub-committee as deemed necessarye Section 3. Audit Committee The Audit Committee shall review the annual corporate report; approve annual audit reports; and recommend to the Board of . Directors a selection of, and fees to be paid to, an , independent certified public accountant for the Corporationo It shall be the responsibility of the Audit Committee to • report to the Board of Directors whether the Corporation is meeting its projected budgets; on the scope and adequacy of the annual audit and related fees; to monitor and report to the Board of Directors on the effectiveness and adequacy of the Corporation's operation, and to include in that report , its findings as to whether or not any errors, omissions, criticisms or recommendations contained in the management . letter of the independent certified public accountant, if one accompanies the annual audit have been properly dealt withe Section 4e Nominating Committee The Nominating Committee shall nominate any and all candidates for election as Directors and Officers. Said _ Committee shall consist of at least one (1) Board Member and : other persons living within the .geographic confines set forth in Article II, Section 2. > `x '•i. Bylaws page 7 P.RT%CLE V COATTFACTS, CHECKS, BANK ACCOZJATTS AND %NVESTMENTS Section le Check Notes and Contracts The Board of Directors is authorized to select such banks or depositories as it shall deem proper for the funds of the Corporatione The Board of Directors shall determine who shall be authorized from time to time on the Corporation's behalf to sign checks, drafts or other orders for the payment of money, acceptances, notes or other evidences of indebtedness, to enter into contracts or to execute and deliver other documents and instrumentso Section 2. Deposits Al1 funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies or other depositaries as the Board of Directors may select< Section 3e Gifts The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the corporationo Section 4. Proxieso Unless otherwise provided by resolution adopted by the Board of Directors, the President or any Vice President may from time to time appoint one or more agents or attorneys in fact of the corporation, in the name and on behalf of the corporation, to cast the votes which the corporation may be entitled to cast as the holder of stock or other securities in any other corporation, association or other entity any of whose stock or other securities may be held by the corporation, at meetings of the holders of the stock or other securities of such other corporation, association or other entity, or to consent in writing, in the name of the corporation as such holder, to any action by such other corporation, association or other entity, and may instruct the person or persons so appointed as to the manner of casting such votes or giving such consent, and may execute or cause to be executed in the name and on behalf of the Bylaws page 8 corporation and under its corporate seal, or otherwise, all such written proxies or other instruments as he may deem necessary or proper in the premisese ARTICLE V% OF'F'ICE AND BOORS Section le Office The office of the Corporation shall be located at such place within the boundaries as defined in Article I, Section 2e Section 2. Books Books that shall be kept at the office of the Corporation correct books of account of the activities and transactions of the Corporation including a minute book, which shall contain a copy of the Certificate of Incorporation, a copy of these Bylaws and all minutes of ineetings of the Board of Directorse ARTICLE vgx CORPORATE SEAI, The seal of the Corporation shall be circular in form and shall bear the name of the Corporation and the words and figures showing that it was incorporated in the State of Colorado and the year of incorporationa ARTICLE V%%% F° I SCAL YEAR The fiscal year of the Corporation shall be determined by the Board of Directorse ARTICLE %X %ATDEMN%F%CATYON The Corporation may to the fullest extent now or hereafter permitted by law, indemnify any person made, or threatened to be made, a party to any action, suit or proceeding by reason of the fact that he (or a person of whom he is the legal or personal representative or heir) is or was a Director, Officer, Employee or other agent of the Corporation, or of any other organization served by him in any capacity at the Bylaws page 9 request of the Corporation against judgments, fines, amounts paid in settlement and reasonable expenses, including attorney's feese Section le Limitation Notwithstanding any other provision of this Article VI, during any period that the corporation is a"private foundation" within the meaning of section 509 of the Code, or any corresponding provision of any future United States tax law, the corporation shall not indemnify any person from or against or advance to any person the cost of, such expenses, judgments, fines, or amounts paid or necessarily incurred, nor shall the corporation purchase or maintain such insurance, to the extent that any such indemnification, purchase, or maintenance would be.-determined to be an act of self-dealing within the meaning of section : 4941 of the Code, to be a taxable expenditure within the meaning of section 4945 of the Code, or to be otherwise prohibited under the Code, unless and to the extent (i) a court orders such indemnification, or (ii) the purchase or maintenance of such insurance can be treated as reasonable compensation to such persone - ART%CLE X P1aOGRAMAqING SLTPPOItT F'URtD : The Board of Directors may disburse funds to individuals, - organizations, and citizens groups for the production, distribution, acquisition and/or promotion of programs to be shown on Heritage Cable Public Access channele Such programming shall be consistent with the purposes of the : Corporation. Funds so disbursed shall be allocated pursuant to rules and procedures adopted by the Board of Directorse ART%CLE X% ' CONF'L%CT OF IATTEREST _ No Director or Officer of the Corporation may petition the ; Corporation or apply to the Corporation for any grant or any ; other matter in which he/she has a direct personal interesto No director or Officer may participate in any petition or application for a grant by any organization in which he/she ° is employed, or of which he/she is an Officer or a Director, ; or in which he/she has a greater than ten percent (10%) Bylaws ~ ;f r. :G- .i`.. y :.f,~ page 10 interesto All grants and other transactions shall be conducted at arm's length and shall not violate the prescriptions and the Articles of Incorporation, these Bylaws, or any other . applicable prohibition against the Corporation9s use for application of its funds for private benefit. No loans or transactions shall be entered into that would result in the denial of or loss of tax exempt status under Section 503 or 504 of the Internal Revenue Code and its regulations as they now exist or as they may be hereafter amendede A3TICLE X%% AMEIJDMErJTS Any part of or all of these Bylaws may be altered, amended or repealed from time to time by two-thirds vote of the Board of Directors on a regular or special meeting of the Board duly called for that purpose, provided that notice of the substance of the proposed alteration, amendment or repeal shall be stated in notice for such meeting mailed or hand delivered to the Board of Directors no less than seven (7) days before such meetingo AtT%CI,E XI%% bdA%VElt OF AdOT%CE Whenever any notice is required to be given under the provisions of the Colorado Nonprofit Corporation Act or under the provisions of the articles of incorporation or the bylaws of the corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. a RESOLLTT %ORY BE IT RESOLVED that the existing members of the Board of Directors of Vail Valley Commuriity Television Corporation will solicit, interview and appoint an individual who represents the Towns of Avon, Minturn, and Vail, whose sole purpose will be to represent the interests of said Towns while assisting in the control and management of affairs and property of this Corporation. Further, each appointee will act as a liaison between this organization and its Board of Directors, and the Town(s) that they represento In addition, they will be asked to make a minimum of two (2) reports during the year, to their respective Town Councils regarding, but not limited to, Vail Valley Community Television's programming, fund raising efforts, volunteer status, franchise information, etco, coordinated by the Executive Director, They may also be asked to assist in expediting timely franchise fee payments, as well as recruiting volunteers from current Town employees, and any other related duties or assignments associated with this positione Further, each appointee will serve two (2) years, or until such time as there is a need to appoint a successoro If no one beyond the original appointee requests consideration, the original appointee may remain in the position for an indefinite period of timea And, lastly, the appointee, at any time, may be asked to leave the position by the Board of Directors, without cause. e RESOLUTION BE IT RESOLVED that all Town representatives who are members of the Board of Directors shall receive formal notice of all regularly scheduled meetings, and will be asked to post these notices in at least one (1) conspicuous place within the boundaries of the Town(s) that they represent, at least one ~ (1) week prior to the meeting. ! ~ k, i~ 4 t ' ORDI1lANCE NV. AJ SERIES OF 1994 AN ORD@NANCE RESTRBCTBNG THE SR?LE OR POSSESS00N OF ASSAUL'T WEAPONS. VVHERE,4S, Town Council finds and dectares that the use of assault weapons poses a threat to the health, safety, and securify of all citizens of the Town of Vail; and UVHEREAS, Town Council finds that assault weapons are capable both of a rapid rate of fire as well as of a capacity to fire an inordinately large number of rounds without reloading; and WHEREAS, assault vveapons are designed primarily #or military or anti-personnel use; and VVHEREAS, Town Council finds that law enforcement agencies nation wide report increased use of assault weapons from criminal activities that have resulted in a record number of related homicides and injuries to citizens and law enforcement officers; and WHEREAS, Towrn Council believes it is in the Town of Vail's best interest to be proactive and a leader in the restriction and regulation of assault weapons and thereby set the tone for local governments 4o enact such reguiations. fVOV1/, THEREFORE, BE IT ORDAIfVED BY THE TODUIV COUNCIL OF THE T0WN OF VAIL, COLORADO THAT: Section 1 (a) LeQislative Intent. The Town Council hereby ordains to place reasonable and necessary restrictions on the sale and possession of assault wreapons in the Towrn of Vail while placing no restrictions on the right of citizens to use vdeapons which are primarily designed and intended for hunting, target practice, and other legitimate spor4s and recrea4ional activities and the protection of home, person, and property. (b) Definifions. The following uvords and phrases, when used in ihis section, shall have these meanings respectively ascribed to them: 1) Assault weaqon. The general characteristics of an assault weapon may include the following features: A shorter length than recreational firearms; a folding stock; a modification of an automatic firearm originally designed for military use; a greater rate of fire or firing capacity than reasonably necessary for legitimate sports, recreational or protection activities and shall incwae ali rirearms writh any ot the following characteristics: a) All semiautomatic action, centerfire rifles with a de4achable magazine with a capacity of tvventy-one (21) or more rounds. b) All semiautomatic shotguns wi4h a folding stock or a magazine capacaty of more than six (6) rounds or both. 1 Ordinance No. 15, Sarias of 1994 r ~ c) Any firearm which has been modified to bo: opers3ble as an assault weapon as defined herein. d) Any part or combination of parts designecl or intended to convert a firearm into an assault weapon, including a detachable magazine with a capacity of twenty-one (21) or more rounds, or any combination of parts from which an aissauit weapon may be readily assembled if those parts are in the possession or under the control of the same person. f) Any weapon listed in subsection (h). 2) Fixed cartridqe shall mean that self-contained uriit consisting of the case, primer, propellant charge and projectile or projectiles. 3) MaQazine shall mean a box, drum or other ccmtainE:r which holds and feeds ammunition into a semiautomatic rifle, shotgun or pistol 4) Pistol shall mean a weapon originally designeid, made and intended to fire a projectile (bullet) from one (1) or more barrels when held in one (1) hiand and having: a) A chamber as an integral part of or permanently aligned with the bore or having a breech-loading chambered cylinder so arranged that the c;ocking of the hammer or movement of the trigger rotates it and brings the next cartridgE; in line with the barrel for firing; and b) A short stock designed to be gripped by one (1) hand and at an angle to and extending below the line of the bore(s). 5) Rifle shall mean a weapon designed or redesigned, maiJe or remade and intended to be fired from the shoulder or hip and designed or redesigned or made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger and shall include any such weapcm which may be readily restored to fire a fixed cartridge. 6) Semiautomatic shall mean a weapon which fires a single projectile for each single pull of the trigger which automatically chambers the next round for firing and which employs a magazine. 7) ShotQun shatl mean a weapon designed or redesignied, made or remade and intenaed to de fired trom the shoulder or hip and designed or redesicaned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire thriDugh a smooth bore either a number of projectiles (ball shot) or a single projectile for each pijll of the trigger and shall include any such weapon which may be readily restored to fire a fixed shotgun shell. • 2 Ordinance No. 15, Serias of 1994 , c) Specific weapons not included. As used in this section, assault weapon does not include any of the following: 9) All weapons 4hat do not used fixed cartridges, all weapons that were in production prior to 1898, all manually operated bolt-ac4ion weapons, all lever-action weapons, all slide-action weapons, all single-shot weapons, all multiple-barrel weapons, all revolving- cylinder weapons, all semiautomatic weapons for which there is no fixed magazine with a capacity of twenty-one (21) or more rounds available, all semiautomatic weapons that use exclusively en bloc clips, all semiau4omatic vveapons in production prior to 1954 and all rimfire vveapons 4hat employ a tubular magazine. 2) Any firearm that uses .22 caliber rimfire ammunition. 3) ,4ny assault uveapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon. d) Supplemental qrovisions. Except as specifically stated herein, the provisions of this sec4ion are independent of and supplemental to any other provisions of law, and nothing shall prevent a device defined as an assault uveapon in 4his section from also being regulated under other provision of law. e) Possession of assault weapons unlawful. It shall be unlavNful to carry, store, keep, manufacture, sell or otherwise possess wri4hin the Town of Vail a weapon or weapons defined herein as assault weapons, except that this subdivision shall not apply to: 1) ,4ny federal, state or local government agency or to any sworn members of said agencies acfiing within their official capacities. 2) Any assault weapon which is being used as a movie prop for any motion picture or television program which is being filmed in whole or in part within the Town of Vail if, prior to such use, the police department is notified in advance in writing of 4he date, 4ime, location, production schedule and days upon which such use shall take place and the 4ype and serial numbers of the firearms. 3) The transporta4ion of any assault weapon through 4he Town by a nonresident who is in legal possession of an assault weapon or a person carrying a permit issued under subsection (f). f) Conditional exception. Any person over the age of twenty-one (21) years who obtained an assaul4 weapon legally prior to the effective date of 4his section may ob4ain apermit to keep, store and possess said assault weapon if: 3 Ordinance No. 15, Serias ot 1994 ~ V 1) Said weapon is properly identifiable and contains its original serial number. 2) An application for a permit for eacli assault weapon is filed with the police department within sixty (60) days of the effective date of this section pursuant to such procedures as the department may establish. The application ;shall contain a description of the firearm that identifies it uniquely, including all identification marks and numbers, the full name, address, date of birth and fingerprints of the owner and the addiress where such assault weapon will be stored and such other information as the department may deem appropriate. The place of storage and possession shall not be changed without notification to the department of the proposed change in location and when said weapon will be trzinsported. The department may charge a fee for registration not to exceed the actual processirig cost:s of the department. 3) The department shall issue a permit which shall identify the-weapon- and where it is to be stored. 4) The information required for the re(listration and permitting of assault weapons shall be treated as confidential and shall not be maide available to members of the general public. The Council finds that release of such iinformELtion would constitute an unwarranted invasion of personal privacy and could endanger -the life! or safety of person at the premises where an assault weapon is located. The information on a permit application shall be used by the Town only for law enforcement purposes. g) Sale or transfer unlawful. It is unlawful tci sell or transfer possession of an assault weapon possessed pursuant to subsection (f) within the Town of Vail. h) Specific prohibited assault weapons. It is unlawful to carry, store or otherwise possess within the Town of Vail any of the follomring weapons which are hereby declared to be assault weapons except as provided in and subject to all the provisions of this section: 1) All of the following specified rifles; are prohibited: a) Norinco, Mitchell- and Poly Technologies Avtomat Kalashnikovs (all models). b) Action Arms tsraeli Military Indu.stries UZI and Galil. c) Beretta AR-70 (SC-70). d) CETME G3. e) Colt AR-15 and CAR-15. f) Daewoo K-1, K-2, Max 1 and Max 2. g) Fabrique Nationale (FN/F,AL, FN/LAR and FNC). h) FAMAS MAS223. i) Heckler & Koch HK-91, H-93, HK-94 and PSG-1. j) MAC 10 and MAC 11. k) SKS with detachable maqazine. I) SIG AMT, SIG 500 Series and :31G PE-57. 4 Ordinance No. 15, Series of 1994 m) Springfield Armory BfVi59 and SAR-48. n) Sterling MK-6 and SAR. o) Steyr AUG. p) Valmet iVi62, fili71 S and M78. q) P?rmalite ,4R-180 Carbine. r) Bushmaster Assaul4 Rifle (armgun). s) Calico M-900 ,4ssault Carbine. t) Mandall THE TAC-1 Carbine. u) Plainfield fVlachine Company Carbine. v) PJK M-68 Carbine. w) Weaver Arm Nighthawk. 2) All of the following specified pistols are prohibited: a) Action ,4rms UZI. b) Encom MP-9 and MP-45. c) MAC 10 and MAC 11. d) IiVTRATEC TEC-9. e) Mitchell ,4rms Spectre ,4uto. f) Sferling MK-7. g) Calico M-900. 3) All of the followring specified shotguns are prohibited: a) Franchi SPAS 12 and LAW 12. b) Gilbert Equipment Company Striker 92. c) Encom CM-55. 4) Other models by the same manufacturer that are identical to firearms listed in subdivisions (1), (2) or (3) except for slight modifications or enhancements, including, but not limited to, a folding or retractable stock; adjustable sight; case deflector for left-handed shooters; shorter barrel; wooden, plastic or metal stock; larger clip size; different caliber provided the caliber exceeds .22 rimfire; or bayonet mount. 5) Firearms which have been redesigned from, renamed, renumbered or patterned after one ofi 4he lis4ed firearms in subdivisions (1), (2), (3) or those described in subdivision (4) regardless of the company of production or distribution or the country of origin or any firearm which has been manufactured or sold by another company under a licensing agreement to manufacture or sell the identical or nearly identical firearms as those lis4ed in subdivision (1), (2), (3) or those described in subdivision (4) regardless of the company of production or distribufion or the country of origin. i) Specific maaazine prohibited. It shall be unlavufiul to carry, store or othennrise possess a magazine which vuill hold or may be modified to hold fiwenty-one (21) or more rounds. j) Penal . Any person, firm or corporation who is convicted of violating any provision of 4his section shall be punished by a fine o# no4 less than one hundred ($100.00) or more than nine hundred nine4y-nine dollars ($999.00) and a term of incarceration of not less 4han ten (10) days nor more 4han one hundred eighty (180) days. 5 Ordinance No. 15, Serias of 199a k) Violation; disposition. Upon a conviction of violating any provision of this section, the weapon shall be confiscated and destroyed under ;section 9.56.100 of the Municipal Code of the Town of Vail. 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 woulcl 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 ithis ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail aniJ 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 commianced under or by virtue of the provision repealed or repealed and reenacted. The repeal cif any provision •hereby shall not revive any provision or any ordinance previously repealed or supersecied 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 shalf not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLVSHED ONCE IN FULL ON FIRST READING this 6th day of September, 1994, and a pulblic hearing shall be held on this Ordinance on the 20th day of September, 1994, at 7:30 p.m. in the Co~uncil Chambers of the Vail Municipal Building, Vail, Colorado. ~ Merv Lapiri, Mayor Pro-Tem ATTEST: Holly L. McCutcheon, Town Clerk 6 Ordinanca No. 15, Series of 1994 READ AiUD APPROVED ON SECOiVD READING ,4(VD ORDERED PUBLISHED by ti41e only this 20th day oY September, 1994. L, ~ Menr Lapin, fVlayor Pro-Tem ATTEST: Holly L. McCutcheon, Town Clerk C:\ORD94.15 7 Ordinance No. 15, Saries of 1994 SEfVT BY-EAGLE COUNTY ;11-29-94 ; 10:59 ; 3033287207- 3034792157;# 1/ 6 NobembeP 29, 9 994 - g:OT CAGI f C.OUNTY DUII Inivl; • K; 551 IiitUnnVVAy OFFlCE OF fF~ '1" ' ` ~ . , P.O. ROX 850 BOAIW OF COANfWISAQNERti ';'yx• FACA.t. CC7LOR/1I.A) tl 1631 8•Sd05 (303) 'z'~' FAx: (303) 328-7307 : a.~"~"~,,'•r, y GLE COUNTY5 CO~OR! ~~ENDA vziq' AR- ~F ~ . . TY ' . ~EGUL! Y U 4 MEEU ING DAIl DECEMBER 5,1994 iSitirY~~+~~raao4~igapAAA auoaooooa aaai~ aAafiirtFis 0o00 ° 9o19 CWdNSEItlT UoeSLENDd9R Itemcf ta routUie and non-controvaraiml naturm emPlaced on iFre cansent ealandar to alldw the BoaM of County Commiseianara to spand Re 1irvw eeea energy on more Important dems on e lenglhy agenda Any Commisaianor may rvquES1 tha4 dp pefY1 be'RENIbYED" from the oonaent celender and conaldeied sopelgt9lp. 14t1y }nbMbdr oTthe pUblb mpy °RECIUE8T" any ftsm he "REpADVED" from tha Conrsnt Ayenda. • U. B88..L «-Fa U 119tlv17 Linda Pankuch, Accounting Martc Silverthom, Controller ACTIONo Approvai subject to reviaw by the Coun4y Martager. 2. PAYROB..L FOR DECEMBER 8,1994 Jack D. Lewis, County AAanager ACTIONo Apprdvai subject to review by the County Manager. S. COUNTlf VETEItANS SERVICE oFFBCEWS MONTHLY REPORT FOR OC7'OBER 1994 Jack Johnsan, Veterans Se,vice t7fficer ACTIONo Consider appraval. ~So GRANT A~PUCATION FOii 00 COLOita0.DO OPEBd SPAC~ PLAN UPDATE EIlie Cor1, Planning, Community Development ACQlONo Consider approval. ~ SEN'f SY:EAGLE COUIYTY ;11-29-94 ; 11:00 ; 3033287207- 3034792157;# 2/ 6 • s SoIS ° 10d45 1YtlORQA ~ES6?'OACI - WEGB4LH 6.9P6dA11 E Jack D. LeVis, Caunty Manager BREAK 9 IAO - 12c00 WORK SESSBON - PEP9D9NG LITIGATION James f3_ Fritze, Caunty At#omey . 92e00 - 9aSO L0.9R9CH 9a30 ~ 2~0 WOR95 SESS9Otd - NIEET9NGS A°BTEIdDED 2o30 - 2:46 U. SUBDIV1S1ON IRAPROlIEMENT~ ~GREEMENlf FOR HOMESTEAD FILlIVO 3 Robert Loeffler, Assisfant Caun4y A4torney ~CTIONo Cansider approval. UOa RESOLU7ION FO1Z A!!°THt9RlAT10NB FOR RELEASE OF DEf~~ TRUST LOT 36, HOMESTEAD FaLLIINta 3 Roberf Loeffler, Assistant County Aitarnay AC41ONo Cansider approvaf. 2o45 - 300 A. AGREEMENT BETWEERI TOWN OF G1fPSlJM AIVD EAGLE COUNT)fn STATE OF COLOItADD 8FOf3 P9lRCHi4SE llo??iVD SALE OF REA6 PROPERTY Dan Reynolds, Airpart ACWNo Consacier approval. B. ~~~~LUTRON AUTHORIZ9NG TF1E FtEPlACENIENTOF TF!E A1RCRA~T RESCIJE APt~ ~inFIGH711VG AIVD SECl1RlTY IFEE WflTH A O..ANDlldG FEE Dan Reynalds, Airporf ACT8ON: Consider approval. C. RESOLUMON AiJTH0R1Z9P1G DEZAYUING OF COL.LA7EFtAL OR RELEASlNG pF COLLA7'ERpIL F01Z 1NOONRIDGEa PHASE aD RESUBDIVISlOftl OF ~OT 3 MOOAIRIDGE g~GLE oo DEvELOPERSD Phill Soott, F-ngineering ACT80Mo Consider approval. D. FINAL SET'Yi'LEBVIENT WeTH STRIJPE WRIGHT Jahn AlthnfF, Engineering ACl10Na Cansider approval. 10 SENT BY:EAGLE COUIVTY ;11-29-94 ; 11:01 ; 3033267207-1 3034792157;# 31 6 E. RE$QLUTiON NOTIFYING THE STATE TRIEA5l1RER TO DflSTRlBllTE FEDEliAL NIINERAL LEd1SIIVG FUIVDS 1N ACCOftD WaTH THE PFtOVISIOIVS OF . ° 34-63m902, , CO6.ORApO FtEVISED STATUTES dCaren Sheaffer, Depu4y Yreasurer AC79OMo Consider approdal. P. IRESOL49TBON AbOP"niV43 BED Ai~~ ~REAlCFAS'8' ~~ENSeNG POtLICIFES, AND PROCEDURES Rober# LoeffleP, Assistant County Attorney ~CTION: Corrosider approval. G. (~~~~~ST FOR EAGLE COUNTY TO ACCEP7 ROADS FOR BLOCK qqy NOAAES'figAD Robert Wamer, 1!llamer Development ~C'HON. Consider approval. SoCo - 3095 BREAK 316 _ 3.45 RESOLLDTOON REGAItD1IVG THE INATTER OF THE ADOPT9ON OF THE BIJDf~~T AND THE MAIUN6s' ~F APPROORdATEONS FOR THE COllNTV OF F-AGLE, STA~~ ~OLOR14Dt) FOR FISCAL YEAR 1996 Jack Lewis, Budget Officar Allen Sartin, Fonance Director ~C710M. Consider approdal. 3e46 ~ 4~5 BOARD OF SOCrAL SERvICES 64akhleen Fomiash, Saciai Sentices THE IdEXY AAEEYINO OW THE EdIGLE COUPlTY COARMIS610NERS WiLL SE HELL? ON DECEAIIBER U. 1594 C~V YtM ReCCRD ITEAds fMLL BE 6iEI.D IN 7HE EAOUE CQUId7Y Rooul. MRK SESSIOws wnil eE HF1o inf THE Mpi1NY OF THE HOLY caoss Roow - COAM13310NERS CdA1FEACryGE RQU11A -OR OTHEFnNISE NdTEO. • YFUS d42EPdDq 18 PRWIDEO FOR INFORPAATiONAS. P1NtPpSEB QyLY - ALL 71ME6 ARE APPROKINATE. THE BOARD VIPrUI.E IPd SE55H?fd IiAY CDN51DEii OTNER ITEMS iHAT ARE BROUGHT 6EF0ldE IT_ ~l~ SENT BY~EAGLE COUNTY ;11-29-94 ; 11:01 ; 3033267207i 3034792157;# 4/ 6 Navember 29, 1994 - 8:55 ~U courvtiv uuu rnrvo OfFiCE oF THE . . • 551 UROA[1WAY , I .O. DOR 850 80i4RDOF COMMISSIOIgRS EAGIF., COLORAI7p 8 1631 (303) 326•8605 fN(: (303) 328•1107 c1 b s s^" ~~GLE CO11NTY9 COIORADO AGEN e~~ ~DARD OF ~~fl~NT~ C~M ISSr NE~~ REc~~~R MEETaNG DAY DECEMBER 6, 1994 0 K1 Y} tY Y4 2Y b d 66 6*Q tr O O d 6 Q 8 b 8 b.4 6 h tr a p q p G b Y1 A A.6 d 0:00 - 9005 aemroe PO-100-94-P-Upper Bachelor Gulch Vinage °Beaver Creek P9JD." Sid F4x, Pianning Manager, Community Develapment ACT60N; Consider a Pequest to table file. 9.05 - 10.1y7 a.mo PO-¢91-94y'1-RIVQrwalY1 at GYWm6{-0s Ir'199.Y lYmenYment . Sid Fox, Planning Manager, Communi4y DeVelopment AG700N: Gonsider a request to: 1. clarify Riverwalk's obligations gor ernplayee andlort affordable housing; 2. increase the residential density of 4he projec4; 3. radefine 4he phasing og 4he project; 4• retain same flexibility oVer 4,000 square Pee4 of deeeloped space so 4ha4 Ft rnay be residential or commerCial as dic4ated by design and marbce4 need; 5. clarify several rttiscellaneous maf4ers in 4he existing d'tJD Control bocument. 90:95 n toe30 P.M. Bi~EAK .10:30.- 99:00 m.von. ~S459-94-F-dwavcis Exchange Sid Fox, Planning nAanager, CommunE4y bevelopment ACT'IOft9: Consider a request for a Special Use Permit for a na4ural gas exchange poin4lmeteting facility. ~E-308-94-Rla4ingham a Donavacn Exemptfo¢u Sid Fax, Planning Manager, Communi4y Developmen4 ACIr1ON= Consider a requas4 for an Exemptian PW. B SENT BY:EAGLE COUNTY ;11-29-94 ; 11:02 ; 3033287207-+ 3034792157;# 5/ 6 91:00 - 12c00 P.M. f~D-393-04-A-Ell Jebel '~exaco Ellie Caryl, Planner, Community Developmen4 AG70ON: Cmnsider a sequest ta allow for a resQaurant with drive-through fooc8 ~oMce in addi4ion ta a convenienae stare, gasoline sfation and oil, lube and tire service center. 92:00 - 1Oe30 P.rrflu. L4DNCH 1:30 - t04o P.M. BE-309-94-Beaeer Creek Subdivlslan - TraCt 0 & Y9 Exemptfon Pla$ Sid Fax, Planning Manager, Community Developmeea4 AGTO0N: Consider 2 request for an Exemp4ian Plat. 9:40 W 9 e50 P.M. BE-60-94,AF6-LoB 9q BIlock 4, 9at AmenclmenR 4o and Filing, Beaver CmeCt . 6Cathy Eastlay, pianning, Communi9y deveiQprnent e4GTOON: Consider a Pequest to amertd a buildin9 envelppe. I M - 2:00 P.M. PD-68•94A-Eagk-VaO P4DD Amendmerrt Paul Clarkspn, Ptannet, Community DavelopmenH ACTOON: C.onsider a request to table file. ZS-358-94-Whiskey Fiifl V61taa ~aul Clarkson, Planner, Community DeVelopment ~CTUON: Cansider a request to #able file. 2:00 - 2o15 pem. ff'O-293-94-AF'92•ALCAZe4Ft VOLI..FiSo PHp?SE BIB DCathy Eastley, Planning, Community Development ACT6ON: Consider a reques4 to 2rnand a final plat. 2:93 - 2o30 P.M. PB..Ag & SIA1RE30Ll9T@ON SIGNING Kalhy Eastley, Planning, Community DevelopmenY 2:30 - 2s45 pemo A. SECOND PARTiR&. RELEASE OF COUATERAL, CORDILLEtZA FBLING 9 John AJthoff, Engineering A~~ON: Consider approval. S. SECORlD Ra4RTM9. FZELEASF, OF GOIJ.ATERAL, GORD9LLERA FBUNC 'Om John Althoff, Engineering ~CVONo Considar approbaI, C. SUBa'8'6TUTION OF GOLLA'i'ERAL AND FtRSB PART@A9.. REt9.EASE CO6iDILLERA SUBDIVISIONp FlU1V~'s 11 .Vohn Al9hoff, Engineering ACT'ION: Consider approva8. SENT BY:EAGLE COUNTY ;11-29-94 ; 11:02 ; 3033287207- 3034792157;# 61 6 4 . ADOENDA NVMBER 4 TW+ SVBDIVIY~~ON ~~F-SITE ' aMPRov~~~NTS AGREEMENT@ sunnMsT Vi~~~ aka sOPRis VuEW APARTn~~NTS Pattie Haefeli, Planning, Caenmunity Dedeloprnent ~CTOOM; Consider approdal. E. ~~COND PdA137IAL RE9.EASE OF C0LLATERA,L AND COMMENCE6VAENTO F'THE 1NAtRANTYY PIEI$iOD, $t9PIZlS YIEW APAR'B'nAENTS PARCELS 1!9 AND V Paftie Haefeli, Pianning, Gammuni3y Developrrlent AC'UUON; Consider approval. 2e43 -3.9s P.M. 68EQBJES'P F06t ADDITIQNo4L AC68Eo4GE BY YVESTEI7M EAGUE COUNTY METFiOPOLBTAN RECFdEAT9ON OISTf31CT dbe WECMl3D AV TliE FAIR GRt9UfVDS ilflike Bradley, Grounds and Building AC41ON: Gonsider approdal. 3:9g = S:30 [paunae 13REAM 3:30 - 3:45 p.mo PID-938-93-S-Adam~ Rib Keattn P. Montag, D'sreciar, CoetlPnunity Developmed?4 ACTdON: GonsideP.a request 9o Qable fiile. - 3:465 - 4:4$ ~.u~o. . @RlORK SIESS6ON -UPPER 9AaLE VAl..LEY WA7ER PRO1/IDERS Glera P'oaxak, Esq. THE PIEXT OAEETING OF THE EA4LE COUNiv COMMISSIONER8 WlLL Br: riao oN oEC:ERABER 1a 1e94 ' ON THE REGQRD ITEb18 WILL BE HELp Itd T#1E EAOLE OOUNTY ROOM, WORK SESSIONS WI6L BE HELD Ild 7HE 610UNT Of THE HOLY CROSS RQOps - CbMMlssIpNER6 COPLFERENCE kooM . pR OTHERVIftBE ld6712b. Tha9 AvEnaon L) pRpyIDED FOR INFORNWTIONAL pURPOSEd UNLY -ALL T1MES ARE APPROXIMA7E. YHE BoARD VYHtLE IN 8E8t3fON MAY GpNS1UER OTHER ITEAIs TtrAT ARE BROUCfHT 9ePt7kG+ IT. . 0~0 . . _ : - , . . _ rSC • ~~u,,~«-~ . i. . . NADON Supreme-Court ps ste int 0 its terr~-I' ~n con trovers Y By Richard Carelli Associated Press Writer : WASHINGTON - A political he founders clearly did not . whirlwind called term limits hits the believe limits could be placed on con- Supreme Court this week when the . justices hear arouments over states' gressional terms by the states" ' power to restrict the years lawmakers may serve in Congress. " Twenty-two states have taken that - Joh?t Kamiitski scep, but many legal experts predict University of Wisconsin constitutional scholar ; the higti court will use a dispute over a 1•992 term-limits measure in Arkansas to find all such efforts unconstitutional. Justices will hear control of both the House and Senate. and that states cannot add to that' list. . the case Tuesday. Jacob disagrees. "We will hold All the courts that have studie& "The founders clearly did not theu feet to the fire," he said. "This term-limit measures agree, but some believe limits could be placed on con- is not a partisan issue." legal experts - such as University of gressional terms by the states," said Term-limits supporters aFe seek- Illinois law professor Ronald Rotun-' University of Wisconsin consti tu- ing a vote in Congress before the' da - contend the three qualifications tional scholar Jotu~ Kaminski. Supreme Court rules, which could be for congcessional officeholders neyer'•. The prospect of a Supreme Court as late as June. were meant to be exclusive: • setback doesn't faze Paul Jacob; `"With a vote on the record, term The Arkansas measure was cha1- ~ executive director of U.S. Term Lim ' limits will be an issue in the '96 elec- lenged successfully bx the state's • _ its. He said a court ruling that. says tions;" Jacob said last week while League of Women Voters, whichwill' state-imposed term limits for House . discussing his group's strategies. be represented before the lugh court , ` . and Senate members are _unconstitu= ;The Supreme CouR case focuse§ by Washington lawyer Louis Coheri: _ tional simply wouldspark an effort to on two parts of the ConsUtution. One Solicitor General Drew Days `wilt . amend the Constitution. . specifies . three qualifications for join forces with Cohen to argue for "It won't be an easy ride ...~.but. membership in Congress: minimum the Clinton administration against populaz support is enormous;" Jacob '.age, state residency and U.S. citizen- state-imposed term limits. . • • . said. ' . • ' ,.•~3.s<: •'ship fora number of years. . . Defending such term-limit:mea= . To become part of the Constitu- The other empowers states to reg- , sures will be Arkansas Attorney Gen-' . tion, an amendment requires the sup-• alate elections. eral J.. Winston . Bryant and ~ ' port of a two-thirds majoriry of each,..,. Arkansas voters am:;nded ttie state Washington lawyer John.Kester, rep- . : chamber of Congress and then the . constitation to limit how many'times resenting U.S. Term Liauts. = - ratification of 38 states. someone could appeaz on the ballot The 22 states with some forni of . ' Republican leaders. : initially` Thoe who had served two siz-year. congressional term limits in place are promised some type of vote on term terms in the Senate or three two-yeaz :,Alaska, Arizona,' Arkansas, Califoc= limits within the first-1Q0 days of the 'terms in the House could run, buE nia, Colorado, Florida, Idaho, Mairie;~ . ;i,;,:•::.:.: . f 1 0 4 t h Congress, which convenes in. :;only as write-in candidates: `N[assachusetts; Michigan, Missouri .,r . January. But morie recendy, key GOP. ..~t The Arkansas Supreme Court ~ NTontana; Nebraska, Nevada, North ~ leaders have suggested public sup-:,-invalidated the measure, ruling that =Dakota,'Ohio, Oklahoma,.Oregon,`~_ ~ port for term limits may have waned ':'the `U:S. Constitution exclusively • South Dakota, Utah, Washington and "7 i . now tliaf Republicans' are gaining'-.'esta blished the list of qualificati ons . Wyoming. S A~ia~ Ch~ Sociery Against Governmenfal Abuse cqq G'u'~ WE ARE THE MAJORITY AND WE AAE FAR FROM SILENT! DECENi PEOPLE WANT TO RETURN TO A DECENT WAY OF LIFE. UMPER STICKERS AND SLOGANEERS ARE ATWOAK 24 HOUAS A DAV. HEAE AAE A FEW THAT MIGHT MEET YOUR FANCY AND HELP TO INFLUENCE OTHERS. i. CLINTON'S AAMY=213 WOMEN + 113 GAYS. 15.1 n ME. 31. NUDITY BECOMES YOU. 2. AUSH TO THE AESCUE. 16. A PENNY SAVED IS NOT ENOUGH. 32. HAVE YOU BUGGED A LIBERAL TODAY? 3.SLICNWIl11E-SLIPPERYHILUAY. 11.ABORTION-COUNTERREPAODUCTIUE 33.OLDEENUFFTOKNOWBEiiER,YOUNGENUFFTpLEAAN. 4. THIS ANODES SCHOIAA HAS NO STAEEf SENSE. 18. BE FAIR•DONT FOUL MY AIA, 34. LIBERALS AAE ERPENDABLE. S.POLITICALCORAECTNESSISUBEAALLUNACY 19.WEp7NERCASTING•AMIGHTRAINHEADACHE. 35.NYET,NOSMOKING. 6. UNCLE SAM NEEDSYOU! 20. LUST IF YOU MUSL 36.AVAIUBLE: AEfIRED STUD:30 DAYS NOTICE AEOUIRED. WOMEN TO COMBATlGAYSTO THE AEAA. 21. BORNAGAIN HEATHEN. 37. NO MONEY? NO HONEY. 7.CLINiONANDGORE,MRIFfONASCH00NER. 22.BOMBTHESHIITEOUTOFBEIAUT. 38,WAYWAADBUSINGIACADEMICRUNAAOUND. OUSTEDINFOUAORCAPSIZED MUCHSOONEA. 23.WAECKTHETUNTRAIN. 39.I7ALIANSDOITBEffERWITHMEATBALLS. 8. 6UNS SAVE IIYES-MAYBE YOURS. 24, HEY GAY, N000 WAY. 40, FESTEAING LIBEAALSMAZAADOUS WASTE. 9.CUTSPENOING,STUPID. 25.AFFIRMATIUEACTION•AMOVEMEMWHOSETIMEHASGONE. 41,EVIL EMPIRE,WHITEHOUSE,WASHIN6TOND.C, tO.HADENOUGHSTUDENTGOVEANMENf? 26,SINGLEPEOPLEMAKELOUSEYLOVERS 42.NATIONALHEAITHCARE=SENIORGENOCIDE. fl.FUMIGATETHEWHITEHOUSE. 27.MARAIEDPEOPLEMAKELOUSEYLOVEAS, 43,WHITEWATERANDMADISONSMELL LIKEA'ROSE'. 12.OUAAANTINE QUEEAS, 28. G00 BLESS CONSERVATIVEAMERICA. 44. ANITAAND HIU.AAY 1996. 13. NOTHINGS SEEDIEA THAN ABIASED MEDIA. 29, IF YOU CANT SPEAN ENGLISH, SPEAK EASY. 14.SE1(ISACONTACi5P0AL 30.GUNOWNEASAIMBETTEA. Miz or match:l 43.00, 548.00,10410.00, 25-$15.00,100440.00, over 300•231 each.l "z2" self sfick sloganeers, 10045.00. Pasle lhem everywhere. T-Shirts•$9.95, all slogans. Send your selecfions and check or money order to SAGA (Society Againsl Governmental Abuse) Box 81034, Wellesley Hills, MA 02181. (617) 431 •7120. Win our country back. Repel immoral and decadenl govemment! E , IE. ill( YO iu S_ . , (Society Against . - . Abuse) ' • 81034, Wellesley, MA 0 : r VW V!lEN l9 'oN Iiuuad aivd 181Z0'dW 'AalsallaM eseasod -s n tiE019 xo8 '0'd sselo tsnj VEb'S stsw jaitist qOV¢111111EY1{~~DU~SQ USA o P m m L.. _ POST OFFICE BOX 34 ~:~v , WELLESLEY HILLS, MASSACHUSETTS 02181 i '7,~ ~pLcJT +y ~24•? % A Gr' .~D or-/Gx7 13~1 ~ ~g T0WN OF VAIL 75 South Frontage Road Deparnnent of Connnuniry Development [!ail, Colorado 81657 303-479-21381479-2139 FAX 303-479-2452 MEHHOR,4NDUM TO: Neighbors and Community Members interested in the Vail Commons Project FROM: Andy Knudtsen, Vail Commons Project Manager DATE: November 30, 1994 SUBJECT: Community Meeting Since our Kick-Off Meeting on August 9, 1994, the Town of Vail staff and the consultants for the project have been meeting with neighbors, gathering information, and evaluating alternatives. Based on this effort, we now believe we have a program that responds to many of the concerns raised and provides for a high quality development. We would like to invite you to a neighborhood meeting to review this work on: Monday, December 12, 1994 1'own of Vail Council Chambers 7:00 p.m. to 9:00 p.m. At this meeting, we plan to listen to your opinions about the proposed concept. We look forward to seeing you there. If you have any questions, please feel free to call me at 479- 2138 or our lead consultant, Sherry Dorward, at 476-0668. E,?ECEE''t _D,. _ L0 i i994 A?V ~17~ENIBER 1994 -i- u 0""%NS A ! . . . City d County . vemmental • Voter approval of SCFD secures long-term Uniform sa8es/use benefats for metro area cuItural programs tax forms can Metropolitan museums, the Denver Zoo and other cultural institutions will not be in ~~p~~~~ jeopardy of losing needed funding to support their programs. Voters in Adams, Arapahoe, Boulder, Denver, Douglas and Jefferson counties approved extending. the Denver area's easier for ven~,1 ors Scientific and Cultural Facilities District (SCFD) sales tax to June 30, 2006. ~ The Colorado legislature originally established the tax, effective Jan. 1, 1989, as a means of financial support for area museums and zoos because the state could no longer Locally-collecting, home-rule tax afford to provide direct financial support. The tax is one-tenth of a percent (0.1%) or one jut'isdictions will soon be able to penny for every $10. offerbusinessesaunifonn local sales/ According to the original enabling legislation SCFD was due to expire July 1, 1996 use tax return and a uniform license unless renewed by the General Assembly, not a complicated process under the "old" rules. application. The new forms are the However, the 1992 Tabor amendment (Amendment One) requires voter approval of all work of the Colorado Municipal tax extensions or increases. Although district officials could have delayed action until next League (CML) in conjunction with year, they decided to put the question on the 1994 ballot. The decision proved to be a wise the affected jurisdictions, the Colo- one. rado Department of Revenue and the Denver was the first metro area in the nation to establish a regional tax for its zoos, Office of Regulatory Reform. Ap- museums and other non-profit arts/science organizations. Fresno and San Jose, CA since prozimately 40 municipalities will have enacted a similar taz and the SCFD receives many inquiries from other cities about receive the forms from the Munici- how the local program is set up and administered. pal League around Dec. 1. A nine-member board of directors comprised of one from each of the six metropolitan Thispastyear, the Colorado legis- counties and three appointed by the governor reviews applications from organizations and lature approved a bill aimed at sim- distributes funds according to established formulas, plifying tax reporting and license applications for vendors that do busi- ~ ness in more than one home-rule or locally-collected tax jurisdiction. These local governments may con- tinue to use and distribute their own ~ E~~q~~~ ~ tax forms, but the law requires the uniform return and applications be available to taxpayers and that Iocal ~ p~~ governments accept the forms. If your office receives confidential ~J The new forms are called the "Uni- sales taz remittance reports from the form Sales and Use Tax Applica- Departrnent of Revenue, you are asked Cities and counties that receive theirstate- tion" and the "Uniform Municipal to inform the department of any per- collected tax by Flectronic Funds Trans- Sales/Use Tax Return " Each affect- sonnel changes due to election results. fer(EFf) will have theirtax money depos- ed jurisdiction can make duplicates or staff reassignments. DOR will up- ited in their accounts on these dates for the of ~ the ded by formCs N9L. from master copies pro- date its mailing lists according to the nezt three months: Dec. 9, Jan. 11 and information you submit. Feb. 9. As an added feature, a copy of the Send your changes or corrections to: Local governments participating in the "Colorado Sales/Use Tax Rates" Colorado Department of Revenue, EFT program receive their tax payments (DRP 1002) publication will be at- , BusinessTax Assistance,1375 Sherman up to one week sooner than govemments tached to these forms. Beginning St., Room 188, Denver, CO 80261; receiving payments by mail. For more Jan. 1, the DRP 1002 will include FAX (303) 866-5665, or call (303) 866- information about EFT, call (303) 866- sales taz application fees for each 4359. 4359. .jurisdiction. O r o o D o I I D i 'Toil-Free Telephone i • 1994 Colorado income tax forms require taxpayers to round their entries to the ~ u m b e rs fo r I n m e~ nearest dollar. Inmaking the decision to have all taxpayers round to the nearest dollar, DOR found that 90 percent already do it on the 104 Long and 104A S tandard i'Tax F i I i n g S e a s o.n i individual income tax returns.. • EmployersareurgedtoverifytheuFEINandaccountnumberwiththedepartrnent before submitting W-2s to their employees and to DOR. The departrnent compares I ~ a result of custor~~~r requests, ~ the numbers on taxpayers' W-2s with the FEIN reported by the employer. To verify ]DOR will offer toll-fre~ income tax ~ yourFEIN andaccowtnumberortomakecorrections,contactRickRoehling,(303) ~ phone lines Jan. 1 through April 17, ~ 866-5740. 1995 for the convenience of residents ~ • Agreements to pay Colorado individual income tax can now be done by telephone ~ outside the Denver metro area. Calls ~ in a matter of minutes. Taxpayers may call (303) 534-7685 to set up payment plans. ~~~ill be answered in the DOR general ~ ~ information center. ~ ~ Phone lines will be available for ~ Motor Vehicle Electronicfilingoptiori ~ I•esidentsinthefollowingcities: ~ Notes ~ comes to Colorado Colorado Springs, (719) 594-6730 ~ For the first time, Colorado taxpayeis ~eblo, (719) 542-7924 ~ i A cap reduction, or down payment, is will be able to file their state income tax Fort Collins, (303) 495-1908 ~ partof the purchase price of avehicle lease returnselectronicallyalongwiththeirfedl- i V Grand Junction, (303) 242-2210 i and is taxable. However, sales tax on cap eral tax returns. Colorado is working with reductions should not be sent to the coun- the IRS to offer this convenient, speedy ~ Persons calling from other locations ~ ty. Instead> sales tax on cap reductions alternative to paQer. Tazpayers should ~ in Colorado may dial 1-800=240-0247. ~ should beremitted on the"CombinedRetail contacttheirtaxprofessionalforinforma- ~ 7['t?esetemporary linesareinaddition ~ Sales Tax Return" (DR 100) and sent to the tion about electronic filing. ~ to the Denver area number, (303) 534- ~ Colorado Departrnent of Revenue. A In the jointproject, both federal and state ~1.209, which is available year-ROUnd. ~ "Standard Sales Tax Receipt" (DR 24) returns are transmitted by computer to the L - - - - - - - - - - showing tax collected for the cap reduo- IRS either by tax preparers or return trans- tion and a"Statement of Taxes Paid on mitters. Then, within 24 hours, DOR Lease" (DR 26) must be completed for the retiieves the state tax data from the IR;i remainde; of the lease transaction and computer. 0 6 submitted ta the county. The departrnent The IRS offereci a pilot electronic filin,g will accept the pertinent information on a program through approved return trans.- "Statement of Fact" form if a DR 24 is not mitters in 1986. Eight Years later, in 19941 available. Local use tax is remitted direct- 14 million taxpayers nationwide filed their ly to the county. If taaes are due to ahome- federal returns electronically. During the 'The 1994 edition of The Complete Book rule city, contact the city directly for spe- 1994 Colorado Departrnent of Revenue of FYls is now available. It is a complete, cific information. Tax on cap reductions pilot year, 2,300 taxpayers filed their state updated set of more than 125 fact sheets can be reporterl by the dealership or the returns electronically. Neazly 30 state dealing with various sales, income, excise leasing company. revenue departments will participate vn and fuel tax topics. Price is $5.50; supplies ¦ Motor vehicle liens filed afeer Jan. 1, electronic filing this year. This neNv aze, limited. 1995 will bevalidforan eight-yearperiod. method of filing saves taxpayers worry Order by mail or in person through the Previously these liens were valid for five overformsmailedtoDOR. Refundscanbe Stite Forms Center, 4200 Gai-field St., years. Motor vehicle liens may still be processed within 14 days. And direct De:nver, CO 80216. A$2.50 shipping extended for three years, if necessary, for routing of the data from one computer tl:) charge and applicable sales tax must ac- a total of 11 years. The lien validity period another eliminates the potential for key- co:mpany each order. No telephane orders on truck-uactors and motor homes has punch errors. arf; accepted, but you may call (303) 321- been changed to the full term of the mort- Refund, balance due and zero balance 4164 to verify tax and price. gage. Colorado returns will be accepted this Ciry 8 Counfy Connections is published quarterly and ¦ On or after Jan.1,1995, trucks weigh- year. In the future, DOR plans to offer m+ailed to cityand county govemmenfal oNiaals. Ouastions artd comments ere wekaome and should be sent to: City 6 ing between 4,500 and 10,000 pounds will direct deposit of state income tax refund~,. counry co,,,,ecr;on5, colo,ado Depertrrent o/ Revenue, not be required to have a certified scale Local govemments interested in offer- ~12a2, 1375sha,,,g„ sc, oenva; co. a ticket (weight slip) when the Manufactur- ing electronic filing to employees may cal.l aecutn.e Editor, Dorothy Delqulm ers Certificate of Origin shows the empty the IRS Electronic Filing Unit in Denver, Eddor, Ro Sllv. weightProduction, Terrl Livingaton . - ~(303) 446-1662 for more information. ~ 7own og vail Sales Tax Estimafion NUorEcshee4 92/9/94 % Change % Change 1894 Irom dom fVionth 1983 1884 1985 1986 1887 1988 1989 1890 1991 1982 1993 Budget Estimate Varianee 1993 Budget ; ~ ~ . ..aK~ . ~ . . .a .~..~~;;..:;s... ~ . . . s x.. . , . z . ~ ~ ~ ~ ~ . ~ , . i.. . . . . , .e : . . . . . " : . . . . . . . . . . . . t. r. r . , , . . a.~: , . . . . . : ~ .,v . . „ ~ . .~s..:.n . ....,..5 . ~ . ~ . ,a ...d.. c r~ [ . . . . . . ~ . . . . . . ..x. . . . . . . ~ h . , . . . . . , . . . F . . . . 4d u . . . . -a... . 4 .nx o . . ~ i a . ~ . . . . . . ~ ...N. . . . . . . v5. ~ . tr ~ . ....n. . . . . . n . a . . . . . . . . ~.............w. . ...r . .~,v .,.i~ ~ '4_,: ~ . . . . . . . . . . ..a,.z.~ ..i::^.ur. .u:...~...... ._v.... . a. :..x:'a a :..a~..:.,r,:.,:.... . z : t:. • ,>~:.•r ~oc•~~......: :a:r,x.,o..,,.r,.::. ..:x.:...:~.~:£...«y:.`r . s ~a „ ..~-x ~t:.-a>: . s.. . ,..i . ~ . a c ~ . ~ . U . . . i, ~ . . . ..nE ~~T• ~?y.;n.' r i:~ ~ . B: ~ r . . . ~ n ~ . n i t`k ....>x~ . .A . . . . ..i~ r; 4 w•~~ ( iPC p c , :o ^ •:y~.~.:~`j~:~ t. i' . .~...z..,.~ . . . r '~~yi ~ . . P. . . . . . . . . . . . . . ~ . . . . January 696,752 742,262 881,304 890,585 1,063,196 1,126,496 1,465,870 1,599,123 1,713;091 1,709,654 1,855,3641 1,892,100 1804,123 (87,977) -2.7696 -4.65% February 751,856 824,650 918,154 946,552 1,135,786 1,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,7661 1,866,900 1,812,911 (53,989) -0.8796 -2.89% I March ~977,828 1,084,814 1,187,520 1,316,652 1,378,782 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,0901 2,030,900 2,249,073 218,173 13.13°6 10.74% I A ril 319.546 481,204 531,668 430,877 425,961 550,205 567,684 634,174 616,648 691,163 864,3031 883,000 793,042 (89,958) -8.2496 -10.19 ;6 I May 156,588 166,200 162,912 244,987 .245,518 170,567 215,548 236,359 250,809 268,000 257,248 j 264,900 285,688 20,788 11.06% 7.8596 June 257,744 262,696 280,828 361,627 331,581 329,039 393,470 448,227 468,948 468,598 475,161 ; 479,300 547,194 67,894 15.16°h 14.17% I July 407,474 406,462 447,815 479,507 479,201 559,683 649,139 665,094 737,288 742,750 811,538; 832,500 891,469 58,969 9.85% 7.08% I August 384,338 402,792 386,985 512,513 536,904 575,887 668,119 678,071 761,992 767,257 825,9541 845,200 887,056 41,856 7.40°,6 4.95% i Se tember 324,670 384,864 340,102 374,060 442,402 422,502 469,032 482,328 491,684 485,954 560,5351 567,600 719,777 152,177 28.41% 26.81°h October 198 614 206,248 209.282 237,504 273,951 291,204 335,740 364,002 324,802 367,578 400,525I 403,700 394,696 (9,004) -1.46% -2.2396 . ' . ' . , . . ~ . . . . . ; . . . . i s ~~..i .:...i..~. a. Y ~ q. i . ~ ~ . . ~ . . ,.i. 3 f • r: ' ' :::Y~ c:::>: f^u 1.s ^ay L 1 5. . ~ , . " . ~ : `~:i ~ .:s. ~ . ~ r..~ c . . ..r,:.. . . . . . . . . .,y . .y:~ .:::::C;. TOTAL 4,475,410 4,962,192 5,346,570 5 794 864 6 313 282 6,822,389 8,265,646 8,700,946 9.154.425 9,259,517 9,867,484110 066 100 10,385,029 318,929 5.24°b 3.17°,6 ' A . ' . ~ . .I .G~ ~ .F.;I' N .....i . 'v r. . ~ , v ~ .4:....3 ...+p~~.~.... ' ~.~.....r 2j`a'' ~ ..w. ......i~..a....~!.r... .r. { ....:....r.~~.~~ ~ . : ~N. L n~ ~G ~ . ~ G M S~` iF4. .i:.~ t'. . L ..~~~..n ..4~...~...,.....:.n.. ~.n ...az:.... . - r..... .~a 3 4 r4 , - - y i. 1 Y. `.l . . : . . ! . , ' . $ u: ~ z...: ' ~ M . . ' ~ '~t November 281,704 310,588 229,083 376,657 386,270 376,235 430,820 438,731 428,086 497,907 553,681 ; 555,000 December 853,100 906,758 905,955 1,167,280 1,245,612 1,455,948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,5531 1,993,167 ` ~ ~ ~ ~ I R E E cy ~ ~ ~ . . , . . . .......~z . ~ . s x ..:c:...~.. .~r. ~ .sa.... ~F.:~ : .:.,F. .:..t..?~ .1~:~: .r:..:.:'...:.. Total 5,610,214 6,179,538 6,481,608 7,338,801 7,945,164 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 12,614,267 10,385,029 To: Vail Town Council Fr:~ Suzanne Silverthorn , ~.4P~ Please note this letter was TOWNOF also sent to: 75 South Frontage Road Mi chael Buchman, DDS Yail, Coloradn 81657 Rt. 1 Box 721 303-479-2100 Astoria, OR 97103 FAX 303-479-2157 • December 1, 1994 Denni`s & Lynn Forleo P.O. Box 769 39396 High'way 41 Oakhurst, CA 93644 ' Dennis & Lynn Forleo: Thank you for taking the time to share your feelings with us regarding Vail's ordinance banning assault weapons within our community. We are certainly sorry to hear of your decision to ski at another resort this season, although we respect your position on the issue. I'm enclosing a copy of the ordinance and several newspaper articles associated with the ban, including a shooting which happened recently in a nearby community. Currently, the ordinance has been suspended pending the outcome of an effort to repeal the measur.e by members of a local citizens committee. This committee has successfully petitioned the Vail Town Council to vote repeal of the ordinance. That vote is scheduled for December 6. If the Council fails to repeal, the issue will be taken to a vote of the community in accordance with our Town Charter. We'll plan to update you regarding the outcome of this public process. In the meantime, thank you again for writing to us. We hope you will choose to enjoy a ski vacation regardless of your absence in Vail. If I can provide additional background, please feel free to contact me at the Town of Vail. Sincerely, VAIL TOWiV COUfVCIL A SJLI) ~ Merv Lapin Mayor Pro-Tem Enc. TOWN O4IL 75 South Frontage Road Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 VAIL POLICE DEPARTMENT MEDIA ADVISORY Date of Release: November 30, 1994 Contact Person: Sgt. Joe Russell, 479-2249 In the early morning hours today (11-30), the Vail Police Department Dispatch Center received several complaints from residents regarding a low flying helicopter. The helicopter was dispatched from the High Altitude Training Site of the Colorado Army National Guard located at the Eagle County Airport. The Colorado Army National Guard Helicopter had been requested by law enforcement agencies in Park County, Colo., to assist in the search for the suspect of the shooting of a Park County deputy sheriff. The helicopter was required to be flown by night vision goggles which requires the pilot to maintain a low flight plan to retain his visual activity. If you have any further questions, please contact: Jim Owens, Colorado HATS, Colorado Army National Guard in Eagle at 524-7702. ~ L• n. w y Y ~ Uail Recreation . • DISTRICT 292 W. Meadow Drive Vail, CO 81657 Mayor Peggy Osterfoss 303-479-2279 Town of Vail FAX: 303-479-2197 75 S. Frontage Rd. ADMINISTRATNE OFFICES Vail, CO 81657 479-2450 SPECIAL EVENTS November 22, 1994 479-2465 MARKETING BRANCH Dear Peggy, , 479-2446 With all of the fresh new snow on the ground, I finally feel like winter is upon us. With VAIL GOLF CLUB winter, comes the annual Vail Tree Lighting Ceremony. The event will be held on Thurs- 1778 Vail Valley Drive da December 22 followin a ve similar format to ears ast. We ~vill once again ask 479-2262 Y~ g Y P you for services as the evening's emcee. An agenda for the evening is enclosed for your GOLF & PARK information. MAINTENANCE 1278 Vail Valley Drive pll arrangements have been made including coordination with President Ford's office 479-2262 , transportation, hospitality, etc. Invitations to all local and visiting dignitaries will be send FORD PARK out the first week in December. As our RSVP list becomes clear, I will pass along the list TENNIS CENTER of attendees to you for introduction purposes. 700 S. Fmntage Road 479-2294 If you have further questions or concerns, please contact me at 479-2446. Thank you for JOHN A. DOBSON ARENA your support of the Vail Christmas Tree Lighting and Happy Holidays! 321 Lionshead Circle 479-2271 <,,...Sincerely, VAIL YOUTH SERVICES -~~~r~ 395 E. Lionshead Circle r ~ 479-2292 Susa e Chardoul VAIL NATURE CENTER Marketing Director Vail Valley Drive Uail Recreation District 479-2291 ~ VAII, CHR1[STMAS T1tEE LIGHTING CEREM01vY Thursday, December 22, 1994 EVENT AGENDA Lionshead Ceremony 5:30 pm Dignitaries meet at Chart House for refreshments 5:40 P'n Vu.l Ccmr3unity Choraie sings 3- 5 songs 6 pm Dignitaries move onto Charthouse deck for Tree- Lighting ceremony.. 6:05 pm TOV Mayor welcomes public and introduces dignitarie;s: President Ford and family, TOV ofiicials, VRD officials, County Commissioners, Vail Associates representatives, Santa and any c;elebrities. 6:10 pm President Ford greets the audience. President Ford introduces Pat Hamilton who sin;gs O H:oly Night. 6:15 pm Invocation by Reverend Ben Clark. 6:17 pm President Ford makes brief announcement, lights tree as Vail Community Chorale sings Joy to the World. Vail Community Chorale, Pat Hamilton lead digrutaries and the public in a Christmas Carol. 6:20 pm Dignitaries, Vail Community Chorale depart in tvvo wag;ons on site for transport to Village ceremonv. Wagon #1 Pat Hamilton, Vail Community Chorale, Dignitaries Wagon #2 Dignitaries, President and.Mrs. Ford and family. When wagons are full, those remaining will be tramsported to Village ceremony by bus waiting at Lionshead turn around. r10TE: Agents should be prepared to drive President Ford aeid family to the Mountain Haus north door for Village ceremony if weather is inclement. Q 0 Vau9 Va19age Ceremoaey 6:45 pm Dignitaries meet at Riiountain Haus for light refreshments and to warm up Vail Community Chorale sings 3- 5 songs 7 Pm Dignitaries move onto stage for Tree Lighting ceremony. 7:05 pm TOV Mayor weicomes public and introduces dignitaries: President Ford and family, TOV officiais, VRD officials, County Commissioners, Vail Associates representatives, Santa and any celebrities. 7:10 pm President Ford greets the audience. President Ford introduces Pat Hamilton who sings O Hoiy Night. 7:15 pm Invocation by Reverend Ben Clark. - 7:17 pm President Ford makes brief announcement, lights tree as Vail Community Chorale sings Joy to the World. Vail Community Chorale, Pat Hamilton lead dignitaries and the public in a Christmas Carol. President Ford and family, TOV Officials, County Commissioners, Vail Associates Repre sentatives, Santa, any celebrities depart stage while Vail Community Chorale continues to lead the public in Christmas Carols. 7:20 pm Event concludes. t ~ ~ . RECEiVED ; MicHAEL BucHMAN DDS RT. i sox 721 9 { ASTORIA. OREGOPI 97103 ~ . . November 17, 1994 1_503-325-4885 3 Vail City Council ~ Dear Sirs: - After reading that you, the City Council had : banned possession of "so called assault weapons", which of course will affect only the law abiding - citizen, my wife and I have decided that we will no longer be coming to Vail, we will go elsewhere ' - to ski and visit. I realize that this decision is of no con- . sequence to you, but why can't you pass a city statue_ that mandates 20 years in the state prison for the felony commission of a crime of violence using any type of firearm or deadly weapon? Publicize this law widely and stick to it!!! Wouldn't it be nice to walk the streets at night with no fear of being shot, stuck with a knife or beaten with a club? Your city would be the talk of and envy of every community in the country. Will you do it? No, of course not, I don't believe that you folks really have the gumption. After all another gun law like all the ones in New . York and Washington D.C., the murder capitols will solve the problem. Right? Sure! Read about another c'ity in the enclosed clippings. Respectfully, Michael Buchman 's . ~ . . . ~ - ~ . , , 'chus~t~~s U writ ~~r 777 . .Y,;. " o.tw":~~' - ' , 4. : _ ~ Looks It's a long way from Georgia to MassacFiu- . the world: holding the town in the same con= • setts. However, the Brockton, MA, Enterpnfse tempt it held Switzer?and;.where ali able-body carried an Aug. 12 article by Paul Saiters heaid- males are required to own and maintain guns. ' lined, "Smail town proves guns deter crim<;." "(It speaks volumes about the Clinton Ad- , Salters noted, "Some 12 years ago, a small ministration that it, too, holds Switzerland in town in Georgia outraged the liberal media by contempt.) " • - - . passing a law requiring each head of hous;e- "One story predicted that the males oF hold to own and maintain a gun, with duly Kennesaw would settle their arguments in the made exceptions for criminals,. the disabled street in daily recroations of the gunfight at and those with religious objections. the! OK Cotral. . . _ - . , "Not long after the'law was passed unani- "This mediahr3teria was in stark contrast - mously in March 1982 by the city council of ' to the fawning eoverage of the handgun bart Kennesaw. GA, a sleepy litde bedroom corri- imposed-several months earlier by the town - - munity outside of Adanta. I wrote a column of Morton Grove; IL, whero crime predictably examining the effect the law had on crime soared shortly thereaRer. within the community. "The media were ecstatic at Morton Grove's "Not surprisingly, crime took a nose-dive. `'audacity' and 'rational behavior,' neglecting Assaults, robberies and housebreaks evaporate:d to Follow up with the depressing news of the like ice cubes on a red-hot stove. Housebreal;s ` suhisequent explosion in crime. alone declined ovemight by nearly 90%. "Instead, the media focused on the sins of ' CBCitage tiny Kennesaw, where bloodbath would, they . "These were not statistics acceptable to tFie assiured their readers, ervpt at any and all times. liberal media. Instead, The Washrngton Post, "'The current issue of National ldeview has the New York Times and others oF similar ilk taken a look at the town since the law was predicted carnage on the streets. The Po,t passed in 1982. What of the 6loodbath pre- called Kennesaw the 'pistol packing-capital cof dicled by the media? - - °'Kennesaw stili has che lowest crime in the knovv we']i have gvns: nstate 12 years after passing che ordinance. The --S<dters ask:ed, "So where does all th~s 8ood most recent homicide since the ordinance new:, leave liberals and their pious platitudes passed took place in 1989 and was committed abou,t gun control? Alas, fiRn1Y ?n Place. Mod- with a knife. ern liberalism is beyond re~son and experienc~. . - -"'I'he oniy gun-involved murder took place It responds only m its own ideological canL -i y in 1986 in a motel between two out-of-state "13ecause libecals wish that the absence of young men after a night tanking up. They be= guns, will loiHer crime, they believe that their gan daring eacfi other to shoot until one acta- . wisties are true. Incontrovertibte evi ence to - - - - = the ~con is i ored and even suppresseci. . . . ally did. - • : . - ~Y Sn . . . . '°Indeed, the town of Kennesaw has doubied The media ran be connted upon to tirelessly _ - eeming com= _ pursue the lattec ' ui size siace 1982 and is aow a t 'munity of I 1.000 people who had been. at- 'Fverywhere where tiberals have got their . . . : . : . . ; . - - - ' tracted by its rcord of public safery and near way in passing gun controi measuses chat take an=existent crime. 8un:> away fTOm law-abiding citizens without "~-z receipts have soared as caz races pium - preventing criminals Crom getting them at the "I'a _..meted, in direct contrast to che Illinois town snap of a finger, crime has fluurished: New whert pcop(e menaced by increasing crime Yorlc and Washington have some of the stric2- , and' ever higher taxes fled to more hospitabla est l;ur?-conorol laws. in the nation and the high _ . communides. PerhaPstven to now not-so-tiny ' est iates"of c:rime. ` • . - -The dec ine of mortality and'the cata- . . - _ . - - . . . . • - : - ' s . : . - . . : . ; Kennesaw. phic rise in crime is dii~ectly Gnked to litr 5~ ' iect CTOOI{S KIIOW National Review quotes the manager'of ihe _~~~i~gence "Gagainst realiry and reason:' .iSalters ccincluded, un control is mereiy Shanty House Country: Restaurant. in : one more fieel-good liberal' response ro the , Kennesaw, Judy 'ILrner, as saying: 'We don't have a(crimej problem likc they do in. other moi~dng ctiaos initiated by their own flawed' places: 'she said, because would-be ctooks `alI _ and unworicable ideas. . : . . . _ _ s RtCCiVL.~ 11j17/94 T0: VAIL CITY COUNCIL FROM: DENNIS AND LYNN FORLEO 39396 HWY 41 P.O: BOX 769 OAKHURST, CALIF. 93644 SUBJ: GUN PROHIBITION TO WHOM IT MAY CONCERN: I AM SORRY TO INFORM YOU THAT MY FAMILY AND I WILL NOT BE PARTICIPATING IN-THE WINTER-FESTIVITIES AT VAIL THIS YEAR DUE TO A1VTI-GU1V STAIVCE OF FIREARNIS. AS AIV P,VID SKIER, I ALSO ENJOY THE SHOOTING SPORTS AND HUNTING ALSO. MORE THAN THESE, I ENJOY THE • FREEDOM OF OU•R GREAT CONSTITUTION AND THE RIGHTS IT PROVIpES ME AS A CITIZEN OF THIS GREAT COUNTRY. IT SEEMS THAT BEING PgL$Q'11rATLy_ CORRECT MAY BE COSTLY FOR YOUR AREA AS I KNOW MA1VY OF MY FRIENDS CHOOSE NOT TO GO TO VAIL THIS YEAR FOR THE SAME REASONS. I INTEND TO INFORM MANY MORE OF MY SKIING FRIENDS THAT ALSO SHOOT AND ENJOY SHOOTING SPORTS OF THIS HATRED.YOU HAVE FOR THE RIGHT TO KEEP AND BEAR ARMS AS GUARANTEED BY OUR CONSTITUTION. I DO BELIEVE THIS YEAR I'LL EITHER FIND A PRO-FREEDOM SKI AREA OR JUST SEND WHAT I NORMALLY WOULD SPEND ON A SKI VACATION, TO THE N.R.A. I BELIEVE THEY'LL PUT IT TO BETTER USE HELPING TO PROTECT THOSE GUN RIGHTS AND FREEDOMS WE ALL CFiERISH. THANK YOU FOR YOUR TIME DENNIS FORLEO ' , , . : . : . ~ , . ~ . . • -,.u _ ...Y. _._....o,._---_.. . PO_.~3ox ~ny p N ~l4 K.Ct l4 i s r~ -.v . ~ 3 6 , ' I ll, 7V ( , 1n I v r I ~ ! 5 SO LC f~ FrO,)//~! egO R!) , ; ; . ~ ; ~ ~ . . RE GE1 , ~ . ~ 1 Y H }i s, (F i ~ , G REAT O UTDOORS COLORADO November 16, 1994 Mayor Peggy Osterfoss • 75 South Frontage Road West Vail, CO 81657 Dear Mayor Osterfoss: On behalf of the State Board of the Great Outdoors Colorado Trust Furid, I would like to invite you to attend the Board's December 7, 1994 public meeting in Glenwood Springs. This meeting will be the seventeenth in a statewide series of public meetings. We have invited citizens and public officials from Garfield, Eagle and Pitkin counties. The Board would like to hear from communities about: * What are your iminediate recreation and natural resource priorities-- opportunities that might be lost if we don't act now? * What are your longer term priorities? . * How do these priorities fit with other priorities in your region? * What are the opportunities to work with other communities, public or private groups to help you achieve your short and long term priorities? What projects or partnerships have you been involved with that you think were particularly successful? Enclosed is a draft agenda for the public meeting. Each county will have fifteen minutes for their presentation. We have asked each county to coordinate their presentations with the cities, towns, and state and federal agencies within their county. STAT'F BOARD OF THf: GREAT OUTDOORS COLORADO TRUST FUND ~ ZZJ EAST 16TH AVE. ' SUITE 1150 DENVER. CO 80203 : TELerHONe 303-863-7522 • FncsiMiLe 303-863-7517 M ~ Mayor Peggy Osterfoss Page 2 November 16, 1994 The date, time, and location of this meeting will be: Date and time: Wednesday, December 7, 1994 from 7:00 to 9:30 p.m. Location: Hotel Colorado 526 Pine Street Glenwood Springs, CO Please join us. I look forward to meeting you. Very truly yours, Will Shafroth Executive Director WS/ajm Enclosure a ,s a N011QE OF PVBLIC 1°IEGI IIVV' AND /"iGEItlDPi State Board of the GREAT OiJTDOORS COLORADO TRUST FLJND Where: Hotel Colorado 526 Pine Street Glenwood Springs, CO When: Wednesday, December 7, 1994 from 7:00 - 9:15 p.m. This meeting is the seventeenth in a series of ineetings being held by the Board across the State to gather information to guide it in developing a strategic plan and will include citizens and public officials from Garfield, Eagle, and Pitkin counties. . 7:00 p.m. Uq'ri"fl~~DU(C7[TONS * VJelcome from Board Chair, Susan Kirkpatrick 'tr Overview - Executive Director, Will Shafroth 7:05 p.m. ~OUN'I['1Y P1I8ESIENTA'd'ffO1`1S 7:05 p.m. Project priorities and Partnerships in EAGILE county 7:20 p.m. Project priorities and Partnerships in PI'H'KIN county 7:35 p.m. Project priorities and Partnerships in GARFIELD county 7:50 p.m. Regaonal Wurap-anp 8:05 p.m. BREAI{ 8:15 p.m. PUBILdcC COM1VIDEN'Il'S Individuals, interest groups, local businesses, civic groups, conservation organizations, land trusts, environmental education interests, trails advocates, etc. Please limit the nresentation to approximatelv 3 minutes. 9:30 p.m. Adjournment The Board wants to hear from local communities about: 1) What are your immediate recreation and natural resource priorities opportunities that might be lost if we don't act now? 2) Vdhat are your longer term priorities? 3) How do these priorities fit with other priorities in your region? 4) What are the opportunities to work with other communiries, public, or private groups to help you achieve your short and long term priorities? ' 5) What projects or partnerships have you been involved with that you think were particularly successful? Please bring written summaries of presentations to leave with the Board; 18 copies if possible. DRAIFT 11/17194 ~e9 TOW1V OF VAIL ~ 75 South Frontage Road Vail, Colorado 81657 303-479-21 DO FAX 303-479-2157 FOR BMNiEDVATE RELEASE fVovember 30, 1994 Contact: Suzanne Silverthorn, 479-2115 Community Information Office GVPSUM-TO-QlABL E1ZPRESS MODIFICATIOMS BEGIIV DEC. 5 (Vail)--Beginning fVionday (12-5), the Gypsum-to-Vail Express transit service will implement two changes to accommodate rider requests. The improvements are: relocation of the Eagle Information Center stop to the Eagle I-70 Loaf 'iV Jug; and reversal of the two morning stops in Eagle due to a route change from I-70 to Highway 6 between Gypsum and Eagle. The revised schedule for the Eagle stops are at 5:55 and 6:55 a.m. at the Eagle County Building and 5:58 and 6:58 a.m. at the Loaf 'fV Jug. Arrival times in Edwards and Avon are a few minutes earlier as a result of the route change: 6:18 and 7:18 a.m. at the Edwards Rest Area; and 6:25 and 7:25 a.m. at Avon Center. Ticket outlets have been expanded to include the Eagle Pharmacy and the Stop iV Save stores in Gypsum and Edwards for added convenience. The new bus service carried 302 riders during its first week of operation. The service was launched Nov. 19 with free fares for the first week to give residents an opportunity to try out the system. Since then, paid ridership has averaged about (more) Express/Add 1 50 per day. The Express is funded by Eagle County with operational assistance from the Town of Vail. Fares are as low as $2 round trip with morning and evening service to Gypsum, Eagle, Edwards, Avon and Vail. For more information, contact Suzanne Silverthorn with the.Town of Vail at 479- 21 15 or Jack Ingstad with Eagle County at 328-86.05. # # # WINTER BUS o X~~ SCHE]DUI,E USE THE BUS! Avoid parking hassles, traffic congeslion and the high costs of driving by riding with us every day ~ ''<::;>::>><: .;5:45~A AND~ 6:45A Y VARY WITH WEATHER C~ONDITIONS h School 5:45A 6:45A i Ea le Countv Bld 5th and Wall 5:55A 6:55A Ea le I-70 Loaf and Ju 5:53A 6:58A Edwards Rest Area Park and Ride 6:18A 7:18A Avori Center ~ 6:2:5A 7:25A Vail Trans rtation Center 6:45A 7:45A l . . .....777777 ~J . ':>F,.;:?:~~::::~~.::i:~:~>:.s:.>:.>:.:;:.::.::.>:.>:.> 4:31~P ANTI 5:30P TIMES MAY VARY WITH WEATHER C'ONDITI~DNS Vail Tran ortation Center 4:30P 5:30P Avon Center 4:45P 5:45P Edwards Rest Area Park and Ride 4:52P 5:52P Ea le I-70 Loaf and Ju 5:12P 6:12P Ea le Coun Bld Sth and Wall 5:15P 6:15P G sum Hi h School 5:3_ 6:30P ~ - - - - - - - - ri~~~:,:, r - k ~ ~ g• ~ ` Perisca ~ IYlom in a Caro ~EWARE TURKEYS BEARING ~air freshener. Chicago's Fairmont Hotel has its own ~ry " ~ ~ ' . holiday catering service, prom- ~ y~ ~ ising to cook up a giblet-to- J< ~ ~ pumpldn-pie Thanksgiving din- ner for any host with $79 to spaze, six to eight people to feec and a desire to spend T-day in pursuits other than basting. Far Fogged in: Coach Mackovic less tempting, however, is the ~His best foot forward: Shapiro outside the courthouse new pie-scent-in-a-spray-can they threaten to throw in with Aus'ttn Space every order. The idea is to fool The Buck Doesn9~ Sto Here ~ests into thinldngyou la- t' " OOTBALL IS TO TEXANS M bored over a hot stove all day, ~what oxygen is to the rest of „ N stufCing the bird and delumping llS. SO Wh8II Che UI11V0T'Slly Of VEN BEFORE THE TRIAL STARTS, ROBERT SHAPIRO,:'` r' ~e ~avy' Samples that prom- Texas Longhorns began floun- O. J. Simpson's lead attomey, is exploring ways to cash p ed &nts, howeverd ere remi- ' dering this season, faithful fans in..NEvswEEx has learned that Shapiro has brought in niscent of a perfume counter, from every coiner of the state ~ began demandin h hn Hollywood power agent Ed Hookstratten to field book g coacTo and TV offers. Several publishers have eapressed interest, not a lritchen. Mackovic's walldng papers, says Hookstratten, who's sounding out writers to ~Mackovic lost more points ghost the ro' s p~ect. Two T'V syndicators are also interested in using Sha- ~ when he announced last week piro in a"tallc-show format," says Hookstratten. "I told him.to that he's been operating in a fog look into [the offers]," says Shapiro. `But I have no present i since Oct. l, when a Colorado intention of doing anything but defending p,j, at this time." player unintentionall" Y 90 Forget the raciai breakdown of the Simpson jury. It'.s the slanuned into him on the side- two postal workers-a clerk and a letter carrler-who have ~ - lines. Mackovic now claims prosecutors clucldng about O.J.'s peers. In some prosecutors' he'd been suffering from Post- o$ces around the country, the rule is no postal workers. Why? Concussion S3'11drome (PCS); • ~ "They're lmown as ]azy, stupid and they hate government," unsympathetic fans say iYs says one former prosecutor. "ThaYs just plain insulting," says J_ more like Poor-.Coaching S Yn- a spokesperson for the L.A. district attomey. i ' drome. Saturday's 48-13 drub- - ~ bing of Houston should help the a~~ ' - .Before there was catering ~ coach's headaches-for now. WASHING ' Af#er the Tone . • 'a` ~#"~~ryN _~~~,~~f is ~ ~L ~ ts~.' n r to,.,t s Victor Spoils' r'F VOICE MAIL MAKES YOU =~~RAnotherFCorado Snow~ob?'~ e ~1 mad enou to kill, you're not bpp - Mario ' EVIAN New alone. In a new report, North- ~r ' '~T?T~ STAR.T MAI{ING SNOW FHOM~ y"I ~ KY water the;Aspen ,Skung Co'' is m for a ma'o"r fit. eastern University crirninolo f~ lowner`s of Sno ~e e D'A gists Jack Levin and James Fox ~~Burnt Mountaa gp pe `TCe'nt e~ ansi ge B t fir~st the have o:... , tional ' say multiple murders are in ~,beat localhomeowner"~op~osition fe by~iieridui' th ' e creasingly committed b frus { g Coior~ado Y ~Water;{Conservahon'Board s recent~ decision to relax waterkq assignment trated customers, fed up with usage rules~ . ' ' ' ~ • red tape and automadon. They ~ ~e ~?'ea'~~ll'°w~g for"~nore snow-malang- more ~ ' . `ry,s's~~ ~ g';]`' Of - Sen. ' tend to be isolated, middle- fluslun „ Gramm. Phil , ` aged men who take out their ~~course e tounsts will ' ' aided ' rage at places like law firms an d r`esidents.have- ' ~ ' ' ' ; taken their case to th - unemployment offices when _ r i ~ = they get bad service. The au- state Supreme;Court ~ ' eo ' thors expect the trend to grow but not e?ractly out ~ as service becomes even more - ~~evu~onmentat co'n" x, ~ o UP7 impersonal. "Companies are t'~ b~cem Call,rt,sick of-sla ' 3 ers s Mahoney saving money, but at a price, at ~ has _ • d . ep says Fox. "People are angry." ~`3`~; ' e • ' . • o • LUCY HOWAHD Q 66 • ~~,A water warrages in the'ROC~QS i~ ` . orth" fo 1; • • •u .ob.,f.~i1..w:A:aLie phrase. 1S ZZ3 I , - K p . ' pCLOC1CWISBFROMTOP:•TEDSOQOI'=SYCMA,NORMANNOCAWEL4-~I843C.P.C-,-~ I JACKAFFLEC6, CEORCE PRIDCES-qp "'~..-nr-:-+-~---•-•---` • _,~~.~-„--r.r--._. _ _ `7G ~'7.`^/'~V__ ~VWW~~ ~ ~ ~ r~ c% y,• jv , c [ . . .'1 (OD United States Forest Wliite River Holy Cross Ranger District Department of Service National PeO. Box 190 Agriculture Forest Minturn, Colorado 81645 343-827-5715 , Reply to: D 5430 ov~~er21;.``19~34XC,CQU,k-tL-L , . Subject: Town of Vail Land Exchange • .l T To: Forest Supervisor J~ ~"~1 • ~ - Enclosed is a letter from the Town of Vail Attorney, Tom Moorhead, initiating a land exchange which will implement the recently completed Landoianership Adjustment Analysis for the Vail areae We spent several years working with the Town to complete the LOAA and would like.to implement the plan while there is still a commitment to complete this processe I feel strongly that it is in the best interest of the Forest Service to proceed with this land exchange for several reasons: it consolidates land ownership patterns in the vicinity of Vail, it reinforces our intention of working with local communities, it assists the water district with necessary expansion while eliminating several special use permits, and it will demonstrate to the residents of Eagle County that we are not only planning for land adjustments (through the LOAA process) but implementing those plans as well. I recommend that you add this land exchange to your FY96 program of worke I will make available the necessary staff time from the ranger district to proceed with this project. We have discussed the Implementation Schedule with Town of Vail Senior Planner, Russ Forrest, but request that Barry Sheakley meet soon with Kathy Hardy and represcntatives from the Town to work out a final schedule, including responsibility for completing cach step. Suggested dates for this meeting are December 8th or 15th. Enclosed is a map which shows the proposed exchange parcels, and a copy of the ' Town of Vai1 Landownership Adjustment> Actions associated with this exchange include de-annexation of several parcels of NFS lands by the Town of Vail; and granting an easement or special use permit to the Town for construction and maintenance of several trails in the vicinity of Vaile 4Y any questions, please contact Kathy Itardye , District Ranger Enclosures . cc: ~Russ Forrest, Towm of Vail, 75 South Frontage Road, Vail, CO 81657 U~s Caring tor the Land and Serving People ~ . FS-6200-28 (7-82) . . R LlileNLC" Irti Y u b'#~ i ~ J(C : ~~gwtl,Ct.,Q. I~b• , Mrs. Ross E. Davis 220 South Clermont Street Denver, Colarado 80222 November 22, 1994 Mr. Robert McLaurin Town Manager Vail, Colorado 81657 Dear Mr. McLaurin: My husband and I have owned a condominium in Mill Creek Court since 1977(and before that in two other builclings since 1963). There are many times when I feel justified in complaining about something the Town has or has not done (like making it easier for owners in Mill Creek to load and unload their cars when arriving and departing). So I think it only fair to tell you when something really first class is achieved - and that is the newly completed landscaping and paving by the creek next to our building. It has talcen a long time to get this accomplished, but now it is, it is a lovely and well-planned improvement, and we are v appreciative. I have already talked to Todd Oppenheimer and congratulated him on the first- class job he did, but I wanted you to know that we are very pleased and grateful. Sincerely, Brigi Ann Davis , u TOWV OF VAIL 75 South Frontage Road ffNEDBA AD!/ISORY Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 November 23, 1994 Contact: Suzanne Silverthorn Community Informafion Office 479-2115 VAUL T0WN COUNCIL H6GHL@GHTS FOR NOVEMIBER 22 Woek Sess6on BPUefs Council members present: Johnston, Lapin, Navas, OsterFoss, Shearer, Steinberg --Issues impacfing !lail Village & Lionshead Five issues were discussed: putside Display of Goods/Sidewralk Sales . The Council asked staff to prepare an ordinance which would limit the display of goods in front of businesses in the Village and Lionshead areas to key holiday weekends and special events as designated by the town. The requirement would be similar to regulations already in place in Avon and Breckenridge. The issue surfaced earlier fihis year after several Council members expressed concern about the quality and (unlimited) frequency of ou4door displays and rela4ed signs. The new policy would also include regulation of signs associated writh the displays. For more information, contact Mike Nlollica in the Community Developmenf Departmen4 a4 479-2138. Tent Sales After hearing complaints of unfair competition from several merchants critical of a Sep4ember tent sale hos4ed by Vail Associa4es, the Council asked Town A4torney Tom ii/ioorhead to research the possibility of tightening the town's requirements for special event permi4s. Those restrictions might include limiting the dates for such permits; charging rent for use of public property; and defining minimum community benefit standards as required by a special evenfi permit. The Council will discuss the issue again a4 an upcoming vvork session during a review ofi lease agreements. For more information, con4act Town Af4orney Tom Moorhead at 479-2107. Amplifiied Sound The Council voted 6-0 4o direct s4aff 4o draw up an ordinance banning all outdoor amplified sound, except fior special events. The decision was made following tesfiimony by five residents who urged the Council 4o move forvuard with the ban, noting tha4 a switch. firom voluntary compliance 4o increased enforcement by the Police Departmen4 (more) r u Council Highlights/Add 2 this summer was ineffective in reducing problems associated witri noise in the commercial core areas. A sixth resident, Michael Staughton, asked the Council to consider a compromise by restricting the hours associated with amplified sound. Council members encouraged residents and business owners to participate in upcoming public hearings associated with the proposed ban. The Council will consider- the ordinance following action by the Planning and Environmental Commission. For nnore information, contact Police Chief Ken Hughey at 479-2210. Rollerblades. Bicycles and Pedestrians The Council reaffirmed its decision to establish bicycle "slow zones" in the Village and Lionshead next season to improve safety conditions for pedestrians. However, if the zones aren't effective following a mid-season review, the Council wilt recommend creation of dismount zones. For more information, contact Police Ghief K:en Hughey at 479-2107. Horsedrawn Carriaaes The Council agreed to renew horsedrawn carriage corstracts to two vendors--Rocky Mountain Carriage Company and Colorado Carriage Company-for operation in the commercial core areas in 1995. The one-year contracts will require certification of drivers and horses and additional regulations.to satisfy safety and operational concerns raised by the Council. For more information, contact Sgt. Tom Sheely of the Vail Police Department, at 479-2352. Rickshaws Discussion on this item was postponed. --Berry Creek 5th: Update on Eagle County Recreation Atathority In response to a request by Mayor Peggy Osterfoss, Town A,ttorney Tom Moorhead explained the steps necessary to withdraw from the intergovernmental authority which owns and controls the 105-acre site. A court action dissolving the authority is one possibility, Moorhead said. Osterfoss said she asked Maorheaid to research the issue because of the lack of progress on the site. Although Eagle County has approved a sketch plan allowing up to 91 units on 16.5 acres, Osterfoss said actual cJevelopment on the site .is unresolved. Council members yesterday decided to delay a discussion on the issue until next spring. Berry Creek is located southeast of the E.dwards I-70 interchange. It's owned by the Eagle County Recreation Authority, a public body rEpresenting the Town of Vail and six other Iocal governmental entities. Vail has 60 percent ownership in the project, which was purchased in 1991 for $1.2 million. Also yesterday, Moorhead said the Eagle County Recreation Authority had agreed to transfer operation of the Berry Creek Equestrian Center from Hobby Horse to Gail Grider and Pam Fisher. For mors information, contact Moorhead at 479-2107. --Vail Youth Leadership Award There was a brief discussion on a proposed new youth leadership award to replace the Chuck Anderson award. As proposed by Council memtiers Paul Johnston and Jan (more) ~ 6 ' Council Highlights/Add 3 Strauch, a$10,000 award would be granted to a hi.gh school junior based on academic and extra-curricular achievemen4; athlefiics and community service. Students would enter the competition during their freshman year. For additional details, contact Paul Johnston at 476-5641 or Jan Strauch at 949-1600. --TCI Fiber Optics The Council reviewed TCI Cablevision's offer to connect three of the town's five municipal buildings with fiber optics and allowing free data transmission services for three years as part of a 15-year franchise agreement under consideration by the town. The Council asked TCI representative Stan fVlcKinzie to guarantee a maximum price for hooking up the two remaining municipal buildings before considering the franchise for final approval on Dec. 6. for more information, contact Town Attorney Tom fVioorhead at 479-2107. --Information Update/Vail Commons Sherry Dorward, lead consultant for the Vail Commons project, received approval from the Council yesterday to discuss a site plan idea with representatives from several major grocery chains interesfied in developing on 4he site. Dorward's mixed use suggesfiion incorporates comments from the last Council work session to include: a 50,000-plus sq. ft. supermarket; 12 townhomes for families; 24 housing units on top of the supermarket; 24 smaller rental apartments; some commercial office space; space for a day care facility and/or a community meeting room; and some underground parking. Dorward said initial discussions with the supermarket representatives are needed to help shape an RFP process to solicit plans from developers. The Council is scheduled to review a draft of the town's RFP at the Dec. 13 work session. A neighborhood meeting is scheduled for Dec. 12. The 6.6 acre 1/Vest Vail parcel was purchased by the town for $3.2 million in 1993. For more information, contact project manager Andy Knudtsen in the Community Development Department at 479-2138. --Chapel Bridge Town iVlanager Bob iVicLaurin said the Chapel Bridge would open today following a four-. month project to replace 4he structure. --Condo Conversions Town Attorney Tom Moorhead said an ordinance banning condo conversions wrould be considered by the Planning & Environmental Commission at next week's meeting. --Gypsum to Vail Express Councilman iVierv Lapin shared comments regarding the new Gypsum to Vail Express bus service. He said several callers had suggested a 6:30 p.m. departure from Vail and easier access to the route from West Vail. # # (more) va~l dp ~(~'b' ~ I~~ / v L vdr . ' i ~ T.T. PALMER, PHD, CSP - . ~ ` 3%32 Cc9;<ISLr1ND DRIVE - 1 AC~NHPOLIS. MD 21403 . . i . e ~\`l\`J'111, - = ? /n~~ i ~ ^ i 'OV , t U SA 19 ~ . . - _ ~ . . . : . . . ~ : ~ ~ . ~ . ~ 45" . . - ~ i „T;..F - : ~.:i.:'. . , . . . . . ~N t:.:n .tf•:... +~'r.'»-'.e.-"-'.S?.io~kt, ::c_a~ ..r... : r...... . . ~ . _ _ _ ;'e. . t... .r:•." ..~:3 . J'.•~ r y.. ~-vw •.y- rC.. . . . . - - . . . , . - +~c~ :i. ~ - f~• ti - . . '4 ~~~t t r~y. ~ ~.,.r• c . ; : . .,...:i.,~..~~•.: ~ ~ ~,,y _ . , -a . . f,a. . . . p~ ~ .i. . . 0 US 991 ~ . . . II 1 ~ f ~ . . 1{li 1 ~ll~1 ~ z~:•i•+'•.~ . W~:. ..r' y i• 14 - f~ 'Y• ~ e ~:..:.+i . R i - 4•. .S'~'.,~'~ I... - .r~ • rn" Yt -~v . ~X~ '4~•". k* . ";„~~'•'t..,.~:Jf7.i...e_.r.~,3:. +i dic' ~,v. ~...r._..•_~:v..~_.iv ' • • . ~ . . _ . . . _ . . : " - ' - - _ . _ . :.jr[=:•:' i _ _ ~ ~:.~:'.7`.~_:.:j,: ~i~,..:.:, . • . • ' ' t -_•v. : n . _ . . . . : ..'.p. . L.... ~ . i. . ' ' ~ . . . ' ' ' .:..f~' _ :•~%`:~'t~~~r:-~. .r ~ . . . - ' . .:.'.~~i _ '.'.:1•;•' . . . . ~.h':• . . . . ~ . t._....'..t..'.,..i,. _ . . . . . . . . ~ . . . ~ . e . . . ~ . . . . . . . . . . . . ~ . . : , . . . . . ......n •r..n._ '•1'' ' ' .....~..Y . . , " _ ~ ~ . . . - _ . . . . . . . r i.:. _ . ~ _ . . . . '.t..•:':...•- " - _ . . . . ~ ' :lt: • _ _ . . . . . . . - . f . ~ ~ ~ ~ . . ~i , . _ : .•.~i•: ~ J " . . . . a . _ ~ . ~ - . - .~i:.~.~.•.~~~.j:'i.~.~:.~•~~~:::r~:•~ ' : : - _ ' . : ~ . _ . ~ C•: . . :~7•: ~'t.: 4VAIL TOWN 75 South Frontage Road Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 F0R 9MMEDDATE RELEASE December 2, 1994 Contact: Suzanne Silverthorn, 479-2115 Community Information Office BUBLDDNG PERM9TS OSSUED BV THE lfOWN OF VA@L The following building permits have been issued through the Town of Vail Community Development Department for the period Rlovember 18 to. December 2: Colorado Log and Antler, 450 Lionshead, alteration, $4,000, Zeli Construction. Holiday House, 9 Vail Road #18, alteration, $1,000, Vail Property. Schullman, 1734 Sunburst, remodel, $8,000, Gold & Co. Vail Associates/Lionshead Pavillion, 520 Lionshead, temporary, $43,000, Hyder Construction. # # # 7147 di(l!;al ~ The I2esow-ce Cenier C, , ; 3Q y..~,~ Pos.t ~ox 2558 ~yg4 _~"Av u s~l~i ado 81620 vsn 29 Y~ ~ I ~~CS;.., 0 i ~ ~-57 S > ;(:~i=::~'?:~~;;~~-~;;::;i;i:iiti.~: ~ ~i~ • y MRr9 ~~a~n'F~"~~•It•.ww'"f4ctz qS 4 m!7 w~~ ~~.,YS sw•:? k` ~S ':tL ir ai ^tt'S r ~'r t r~ , e~•t~y~ ,o~.,~u, ~ ~w s~~~ st~j~ ~S'i~'Sx~ ~,,"~p:4~`•r ~!y~.p'~ 3 S'% -•:~~++s~$• ~~.c- > ; ?.;?a',~~ti+y, s,;~: ~ ~p Y +~isi.S"e~~~ S~:4 ~ w.rMsa J'Sg ~ ~a. ~ a~ .~:ea y, '~:~?t:tt 6! N~39;~rt:~R~"~b'7~~ ~6;~'~~y'~~ ~ ~5~~:,'r,.~ ^~'Y' r6?wgp~°~`l'°~3~'~'~,^.~~ '°~'1~ '~C'?~~ AP~s;r %S• °Y'. R~°> ~ g S °Y,p,~,,:w ~ra a $€ts~ 2l~~'g mfoC",~ 9 $Y ~ai•. 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"~~~s>°:w:t~'.o-. ~`p. y9"~,..~;'< , F-~ < v e ~°t: : . ~ + ~.d e : +~-"t +v `n ' . + k^,h' • F~'~+~'''1.. :S~%pe ~ •P`o ~ ~ ~ ~v°~~~ e~~ ~~~w~ a'r P~a ~d'S 0 :°~~6~~ '.~~C~~~cae a Qa~ ~ d ~ R<di e° wiL~~.lo.^i-w pi '48; °a ~ a'•t:<`.°'` a.. R`- E ` . . - . o ` e • ~ ` ' HE ~ ~S T ~l CEN''~~ X c: Ce-wti~.e~.t, HOLIDAY PARTY zk~ ~-ip, v t 4 IJO" 00~14% a~~~ ~1~14 -t-*~ Tuesday, 1-j-'ecember 13th9 19!'-)'**4 7.-UU to 9040 ~M ~-S-V.P. 94"-7086 I'lease join us al tlie home of Debby and L3ob Warner at 1825 Sunburst Drive, Vail. DIWE'C:I 'ONS: Take the lllain Vail exit to Suuth Frontage Road. Head East, and turn riglil ki ''ae Golf Course I3ricloe (at the Nordic Centcr sibn). Stay on tliat road, bearing Irft a! 1;w "Y". Pass the Golf Cluvhotise, aud it ;s !h.e 4111 liouse on the left Please park oti tlzc: . ;ee.t. WELCOM1L! • Y . . . . . ' . . . . . ' . ' ' , 8 , . ' _ _ _ " . . . . , _ . . . ~0 . . . . . - . . :~.c . . . . _ _ ; ~~e_;:,..:,.': . - -.r.~.~..::." , . . . _ . - ~'~:~t:.: , . . . . . ~ CHA~~~ ON C~~~~E TV TESo ~ PAII other rates previously disclosed on the Products and Services Price List remain unchanged. These rates are The 1992 Cable Act and the Federal Communications Com- exciusive of local franchise fees and taxes. - mission created the reguladons under which cable com- panies establish rates for certain services. On March 30, In accordance with the FCC rules and regulations, a sub- 1994 the FCC released addiaonal rules and regulations scriber has the right to file a complaint with the FCC ordering changes to existing regulated cable service rates. regarding any rate or service change on the e. anded In our ongoing compliance with the 1992 Cable Act, we basic tier within 45 days from the tune the change(s) will be implementing the required adjustments to the fol- apPears on the customer bill. If you have any questions, please call: lowing regulated and unregulated service rates to become TCI Cablevision of the Rockies, Inc. effecdve on all bills sent out from January 1, 1995. 949-5530 : Arotoun4 0¢ T6e FCC's address is The local francbise authoriry address is: . ' ~et~ Ir~~w~ ~adjustrttent Fedecal Communicaaoas Bob Mclaurin Commission Town Maaager Basic $ 9.42 $ 5.76 $ (0.66) ° Cable Semces Bureau Town of Vail Coasumer Protecuon Division 75 S. Frontage Road Expanded Basic 14.13 13.44 (0.69) 1919 M Street, N.W. vait, co 81657 Standard Converter 0.54 1.43 0.89 Washington D.C. 20554 Phone: (202) 416r0856 Fagie Counry Addressable ConveRer 2.43 3.27 0.84 ' eo. sox 850 Remote Control 0.13 0.24 0.11 . Eagle, Co 81631 . Installauon of unwired homes 46.45 37.24 (9.21) Installation of prewiredhomes 23.23 21.28 (1.95) Installaation of addidonal connection at ti~me of . ic?itlal installation 7.74 5.32 (2.42) Installation of additional connection requiring separateinstallation 23.23 21.28 (1.95) Relocate oudet 23.23 21.28 (1.95) Upgrade/Downgrade of optlonal services (non-addressable) 15.48 15.96 0.48 Upgrade/Downgrade of " opuonal services . (addressable) Z•DO 2.00 Fsta informacibn se halla tambien disponible en capanol. ) denoccs a rate decrrase Si desca recibiria, por favor telefonee a la compania : urbana de television por cable. 1: Y ~ . 9. . _ ~ ~ ~ ' ' : . . _ _ , " . . . . . ' . . ' ~ _ . . . . . . :.:f:;:;:: ~:':.::~'•:~'.~:~:~~j'~ ~ . . . . - ` d - i 1 . To Our Customers ' . . _ . importaint Cable TV ~ Rate Iriformation ' . e_ ~ 1FC I ~ ~ We 're taking television ~ Recycled Paper into tomorrow. - - F518 H1069A/1.,2 i - _ - - . ~ The Commission has also informed cable operators to evaluate and, if warranted, adjust their cable rates on a quarterly basis. I in turn, will hold any review and adjustment of rates until April 1995. In general, a rate adjustment will only occur for inflation, the addition or deletion of channels and for increases in programming costs. Please feel free to contact me with any questions. Sincerely, Stanley F. McKinzie Area 1Vlanager TCI Cablevision of the Rockies, Inc. ~ We re [akinr relerision ' intu tomorroµ: . r:.,, x e Cecl.a-~,t- t'_._ . i a-~ A; . SM TCI Cablevision of the Rockies, Inc. November 28, 1994 Town of Vail Town Manager Mr. Bob McLaurin 75 S. Frontage Road Vail, CO 81657 Dear Bob: I am writing to inform you of the rate adjustrnents we are making at TCI Cablevision of the Rockies, Inc. Customers bills received in January 1995 will reflect a decrease in Basic Cable Service and in Expanded Basic Cable Service. Customers. without equipment will notice a 6% decrease in their monthly bills; for customers with addressable converters, the decrease will be 2%. The new rates reflect our commitment to comply with the FCC rules. Our customers will receive the attached custolner notification information which lists the. adjusted rates. , The customer notification information also refers to the FCC Regulatory User Fee. Beginning in December 1994, the FCC is allowing cable operators to begin adding the federal Regulatory User Fee to subscriber bills. The Omnibus Budget Reconciliation Act of 1993 (P.O. 103-66) requires the FCC to assess a fee of $0.37 per subscriber to defiay the cost of cable regulatioin. . In an order released October 5, 1994, the Commission set out instructions to operators on how to recover this, fee. For the months of January and February 1995, subscribers will be assessed a$0.03 monthly charge. It will appear on customer's bills as a line item entitled "FCC Regulatory Fee". For March 1995 through September. 1995, the amount will change to $0.04 per month. ' P O Box 439 0 140 M2tca!f Road Avon, Colorado 81620 (303) 949-5530 FAX (303) 949 9138 An Equal Opportuniry Employer ...~1• ua •f.~.._. l.?.'.1• 1r ..r J1 + 1':J~ 1 UUUV.:.VI ~i!( i LABOR RCE Y IS • ~~~~D WOPSEAS TOTA?L DYFFERSNCE BItipORT1SD 211_.REPORT LABOR FORCIB EAGLE 17520 . 14483 3039 17 . SUMM%T 13946 9295 4645 33 P%TK%RT 13514 8227 5287 39 19ZPOBTRD WOR1C~~ ~~TAL JO8S TOLAL DIFFBRBNCE $EXPORTBD ~ 202 ttBPOFtR' Y,ABOR FORCE . GARFYELD 12952 17448 4496 16 %AE{E 1933 3149 1386 44 ~VIKRVISi~ ~ COUATIES 'r0m 3~08~ TOTAL DIFf'ERENCE • 202 REPORT %,ABOR FORCE 59659 52572 7087 P%TIt%RY COtJId°!°Y WORgtFbRCE/PYTYCINo GARFIEIsD, EFeCs%E E1,GLE COtJNTY. HTORKFORCE/EAGLE, GRRFIXLD, I.ARE SUMKzT couNTY WoRKFoRcE/SUrMaT, LAacE, cRANn, PAJRK, CLEAR cREEKo cHAFFER **STATIST%~~ ~~O14 THE C0~ORADO EMPLOXMENT 1?PD WAAE REPORT B5202 AND TIiE COLORF?DO LABOR FORCE AVSRAGBs F}.tOIMI TIiE COLORADO DEPAR'd'MENT LABOgt AND. EHPLO7CMBNT[ , LABOR AsP?RiCST INFORMP?T%Old (Glt6EN PA~~ET ~ YE&LBW SI3EET) , LA.~~ ~RCE ToTAL sMPLOnMENT iRCaM113B R80H 1989 THRU 1993 1989 1993 RRB 47,869 59,586 + 11.727 25.5% STATBWIDE 1,463,727 1,653,991 *190,264 12.9$ ~ QF BMPLOYMEAT G80WTS BOR STA?E,MTIDB & RRR PIROH 1489 THRU 1993 BY IADIUSTRY RRR 1489 1993 DIFFERSNCE ~ AGRICULTURfi 389 618 229 58.9 MINING 1043 306 -737 -70.6 CONSTHUCTIDN 3674 4997 1323 36 MANUFACTURIN4 986 1238 252 25.5 TC & PU 1739 2102 363 20.8 WHOLBSALE 799 $99 100 12.5 RETAIL 13320 16124 2804 21 PIN-INS-R8 4025 4413 388 916 SERVICE3 15765 21673 5908 37.5 GOVERNMENT 6129 7216 1087 17.7 STATSWIDB ~.$4 1993 ~?IFFI~RBNC~ $ AGRICULTURS 15676 21521 4845 29 MINING 19630 16053 3577 18.2 CON3TRUCTION 60138 85906 25768 42.8 HANUF'ACTURING 192580 187089 -5491 -2.8 TC & PU 87985 99060 11075 12.6 WHOL$SALE 81704 86374 4574 5.8 . RETAIL 283175 317412 34237 12.1 FYN-INS-RB 95410 104393 8983 9.4 SERVIC&3 364170 448663 84493 23.2 GOVBRNMBNT 261254 285806 25552 9.8 STATISTICS FROM THE COLORADO BMPLQYMENT AND WAQE RFsPORT E6202 FROM THTs CQLORADO DEPARTMENT Op LABOR AND EMPLOYMENT, LABOR MAEZKBT INFORMATION (GRBSN PACKET) a [ ~ C ~ ~ t c r (ATTACBIWBBAfT A) Q:a~e~m~rr lB~~Ile ~arfieldl 7La~c~ Pf ~I~~I~rn ~g _ . ~ °1'otr.al Popbdlat$oEa 249928 34,665 7,941. , 94b g2 0664 Aiu~ber of Undocumen$edl . WorIlters (esgimated) 3sm0m 3a000 500 400 MA o . % of Hoansiag Subsadnzed 17% 5e2% 7~ . t~U~eIl~ vl~lro _F ~ of Hoansiaag Saubsfldized 109 845 250 9 23 Unempfloy~ent Rate 4e1% 6.5% 1404~ 4% 5.4% (l2/92) C ~ C FoOdl 5taffip 6.°8t6~s is0 894 85 24 21 ~ i AFDC CaseIload 23 272 16 ~ Yfl ~ hasessed VaIluaition 713268960 296610750 98207960 828708170 442597960 fl 992 r C . t r • ~ ' . ' • . . . . • ~ N r J`11 vl'L7ULJ~ LVL:1a1 >l~ L UZ ) li - Ul 1 VUU'J~Vl~ul ~U~1iV~1~.~y. ; WHBRE to from here? There needs to be a para.di.gm shift in the way we look at salvi.nq t,hese ptoblems. We suggest first that Commissionezs use thair collective pol:Ltica1 strength t4 achieve costsaving Pesaurea developmerlt, includ,irig pooling of resources to serve as a magnet to $ttract more dollar;s. Second, effective Aong- term selutic,na camm only be taund in coilaborative problem-salving with the private sector. * Appeint a regional,, broad-based task force, which inciudes representatives of the sexvice industry, to address the , joint responsibility of providing and developing resourc:es to meet the f1mutimum Ievel af serviCa" . ~ Continue a smaller task force consisting of hum$n serviee rapresentatfves frott thhe ltttral Rescrt Regian to keep communication open and to conti.nue ta identify current pri.aritiQS for service delivery. Seek 9rant funding an a multiple ciouraty basis to addzess provisioq of health and human services {CDHG, private}. * Support full employment of area ro:sidehts by reczuitzsig workers fsom places with hiqh unemployment before goiug to out-of-sl:ate or cut-of-aQtuztry. * Rural Resart Region aounties adopt a pasztion to oppose reaxuiting/hiring qf uadooumented workers. ~ Assure that basic transportation n+seds are met on an inter-county lbasis. * Establish inter-county task for.ce ;focusa.ng on long range plaisning for housing for workers. * Develop,consistent zening ardinanciss for development ta build/provide adequate housing for anticipated toork-=orce. * Insure adequate childcare assistance, on a reqivnal basRS. * Assure prcavisiQn and coordination iof core heaith services accessib],e to wQrkers and xesidants within the region, despite county of residenae. * C'lsvelap and vo.'Lee concerns of Rux3:L Resort Region to governor's heal.t.ra plan. ~ Take stgong pasztion asking medica;l providers to take Medicaxd and Medicare. ~ work aooperativaly with school sysi;.ems ta enhanae and slxare resource developffient. * Develop and improve iratercounty daita collectian and computer informatian system. * sponsar legialation to offer regiaizaz cost of Iiving adjustment. WHE$? There ia every ind3cation that the rapid social anct economic changes we are experiencing now wi11cQntinue, and that they urill exacerbate the problems we axe facing, i=less we act immediately. 4 r . .1. r..r~ v..~..a la~ 1~ . al u~ . 'ruU'....J..~.._.`.~.... ~ ` ~ 7Che hiqh cost of 13ving in the three primary ecoraomic cesiters (Aspen, vail, and Sum$t Co=tY) prohibits workers fram li.ving aear to wh~~e they w~rjco The aver~e r-ommute time to work is 30 ~~~tego All of the abOve social and nconenafc factars axe contrib`ating g~ ~n iaicrease $n economic disparity as erridenced by the sigaaificarat itcreaze in ].owwincome c1.ientele being seeaa by human sex-rgces aqencies is8 -gi11 five Couraties. ° Ths FaTIC stapplemental nut.xitaon program increasad 9% froaa fiscal Year 1992 to fi.sca1 ysar 1993 in the 1tural I3esoat Regiono ° Meda.caid Bix'ths as a Perce.ntage og Total Birtlis by coaa~~~ ~f Resaderace Eagle 7~ 18$ carfiQld 19% 32t 48~ LaRe 19% 37% 54* Pgtxaai 7-t 16t ~umffii~ 8% 163t 28:t TMr' is the prob1em9 . ~ Tradgtgosaal political baundaries and Iataman service c3elivery systems are barriers to adequatei y addxassing ttae rapidly deve1.op3ng eeonAmic and social changeso ~ The-re are insufficiert arid/or izaequitably distrabutad gesourcas i~o mee~ ~~wing humag? services needs in the Rurag R~~ort Reggono How to acldre~s the prob1em? ~~~~e should be a ffiixai.mum level of serric~ avaj.lable to ~~sideaats o-f our region o to meet basic needs such as housingP tovdo clottaings traiisportata.on, education, and 11eaath . care_ Basic gy~~lth care $ncludes a prevetation and sick c$re p needs ef special populatioaas, lorag term eareoenvironffiental health, mental health, arad deaatal caree . , 3 ' * In the last d,ecade thexe has been a significant expansinn from a single sQasan ski indttstry to a nearly year round . resort economye * ThQ 1980 'sworkess wha were individual "ski bums" have been replaced w3th today's warkexs who ase fathers and mother: wha are working to suppqrt th~~ famili.es. ( in 1992, there was a t°tal °f 8.705 gamily planning vis:its in the Rural Resort Region. visits inc2ude limited encounters and supp1ias, as we].1 as "regular" tamilY Plantiing ;tisits.) ~ ChiilBcare Statistics: Averact Cc~st Za O Ga :ield Lake pitkin ~ In~/tnd: ~ $22.00 $16.83 $15.20 $29.00 $25.00 PresChool: $19.00 $1:i.33 $14.20 $25.00 !~20.00 Number cf 1400 661 378 321 1315 slots. Number of 165 254 175 ZQ 470 Hefcre/After School Slats. - Law-Income Daycare Spats: 9u t of ow- ' comeJL s ots Uumber ner ca~ita Eac~le 23 1 for ev Garfieid 117 ety i,084 1 for every 296 pi~n 65 1 for evex~}r 3.2 2 g~t 3 1 fvr every 4,220 22 1 tor evQry 585 **Note: Ci.ty af Aspen has a sZLleS tax revenue dedicated to childcare and hflusing. ~ A large number of waxkers in all five counties are employed ba ee service industzy. (511 af ta~tal 5-county populativn). E5 14,911 . 68% GarPieid 9,368 32-1 L3ke 3,971 50% Pitcir? 8 , 611 68% s~tum , it 6,312 49 % Total: 43,172 * The service a.ndustry t a.caIl Yp ' Y pay,,s loor wages and does not provide hea;i,th insurance benerits. In addition, the aqst of -livi.ng zs gigher in resort azeas. TtiOr6fore, sexvice industry workers in this reqian hava greater difficu-Ity obtaining fundamental necessities such as hou,sinq, food, clothing, and $dequate medieal caxe, (See Attaclzrnent A) . 2 . ' .u~' vi • 7y...`rv~.\ta~ ~ U1 r yJ'UU ) VUVUL~. ~UVUV2U~aV>.TaV „ 01511 T~~ 6BL 4868!!d ~~l6~ RURAL !p~01~ ~ ~aS0Rd9~p ~~~5 g' 1 d ~kp-o Pl in, aYl~ ~ ~ t cOLZY3tiea-° Dg~ectors Qf 'Ilia' Sezva.ces and Pt*jLi,E Iieal.t2a '9=? '%his cjrOt~P was gormed ~t the reqaiest of 'Fhe COmtaissioners presexat at the all1y 7th five county-summit o We ~aere challenged ~,denti~i ~e pr~lems .~aced by ~e fave eouaa a ~'egard~'g ~e p~rision Of haal~ care ~ci ~~an~ serreion vices itnd to begsia to fdaxt~fy pogengia1 so].utions o . ~ach cr~taa~ty pres~ated ~e~ t~ni ~it the ~~r~t mee~,i.aac~ o f~x- g~sp~nding ~~~e ~g Problems and tzeir capacitie~ Problemsa Upon. complst~.~~a o~ thi~ p~aeess ig be~e clea~' that taere are more r~litie~ ~an ditfox°e~aces ~ng tp1e coBazaties s ~d $hag co~tmo '~her~ is a ~vnti~uum of~ raac~iness to dem~, t~3~ ~ie ~.ssuu w~ ~arr~n~ly ~~cee ou~ task W~ to de'~1181e ~7TDt9l~18 aIBd YYeEdsp ilj1at 6Je fQ11I3d 6deY'~,' o~P~~~r1~ti.es e and social$ya~ttn~Ms ~e iffideed IiAced eeoztvaaic~ay o We are jogaaed by two significaxit tactors4 pirst, we share a commOn ecOnDmbc base, whir-h is the rura1, gei~iort industry a SeeOnd o~s cjrowiraq demandr. of this a,nduatry aarre resul.tefl in ffiajor demagraphic ehangesa Significa$t treaads that relate tg t,hese fac'tors iaac].udeo ~ The dramatic increase itra the population in ffiost of t81e cOu`tties $n response to the availaba.lity of Jobs in ttae resort industryo .'ai7111a.tiny~rk~t 1.9$ 0 Eagle ~ 13,320 2~ of Chan e Gc~rf~,e1.d 22514 ' ~ 60~ ~c~ ° 29,274 + 30% PitCiYl 8a 830 7s 9a41. 10% St1m1.~ 10,338 9.2, 66- + 23$ 63,SSO ss ba~~ o 84, 585 33~ se~~~~~~ g~g~~~~'ralation and does not include Ths ma.ddZe c1~~s is shrankipg as taa sconarnic qap wadens. Fa~ exampleo IR 1992, Of the 913 lbirths in the Rural R~~ort Reg.iano 408 or 451 wers to lo'v income faiLiliese The minaxiq ixadustrY has been virtUal.ly elfaainated in this regione ThiR indtxstry paid gelatbvely hiqh wage-q and ~~~ered ben~fi'ts sucps as he~lth iaasurancea ~iis iradust~. g~ds al90 affecged ~e r~alxxa~~~nTtiofloss e saaneof countaes, thereby decgeasiaag their capacity to fund servicese a . HEAI.,'TH AItiTD 1 SERVICES zn the Rural Resort Region . , , U u I I ,•:,cTsoM ~ i ' ' ~ , . ; ~ ~ ~ •ti- i ~ ~ I ' • ~ ~ .l F•.~_•~'_•~ I-~.e._ i~ 't~"~l~..~. 'MR' ~ • 1 I C.T „ f`I y 1 a ~ y 0 i~ " I~ ,~Y . 7 r-.~:~•~u~ EOICB • ~r , ~ ~~1 ~r~• j ~ ' RIQ' °LAUr : ° r.~ • ~ 4PN ~ y1 ~ ~..~ti~ ~•t ~i~ .,I"~ /~1: 1 ~ + ..r~~• -v „""a ~ ' , G A(l r I ELD ~ ~ T\•~~~ r ~ i~.~ ~~/l~ . ,v, ~ ; r~ C( ~ 1 A li L ' ~ • ' L _ •1~--~.~.~_, ; ~ ~ I ~ ~ ~ ~ ~,j--~~ :g _ ~f ~ I I K ; N ? ~ I ; ~ • a R K 1 ow~ anM J ~ ' ~ ? ! ~ 1 ,l ~1 3J ~ I A ~1 ~ ~ ~ rJ• r~? I ~ , ~ ~ ~ ~ •~1 ~ • . ~ i ~ ~w~ .e / ; •r ~ w r.r ~ / I ~ I.: rt~ , ~ I ~Ur,riiSprr i ; - •y • CJaFF"- el ~ ~,.~r'' "~TMpNT ~ ~ Y 0 N ~ R 0 ] ~ - ~ , ' ~ , ' r----- ti~ •,OURAY ~ ~ T, ~ -f,--C i ; . ~ ri ~ - +•--'1 ~ - ~ ~ . i rurw ~ • I r ~...au.~~ .v..1•. 1 r U~ 1 ~rYl+ ) LiV'VUrV~LJ1 Lli'~'illJ.1..r.: J. l~ . ! . ~Issues to be Ad e$sed e Dervcry of health araa h=an seni,czs d Cast of humm semces d Chfld Cam v Yxnasmg cu1tura1Y diwersity• e Econoalac extrmcs v Tzaaasportatioaa 0? claffiefi g peopte iitterested in developiug rewissdc soltation options . . 14 ° TO'fAl. P.1~ ? u. ulU:~, . J : \ 1: 1~ U1 1 J •J J:J'J.V 1:V . y.1,1- ,J .1 ' 1 Key Focus af Today's Discu:s5ions • Health, human services, and public safcty issues relatted to providing a basic ievel of service are best analyzed and unda.-stoad on a regional basis. • Significant efficicncies can be crcated by cooperstion amongst the S countie.?. W IL 5 County RuraY Resart Re.gion ~ ~0 ~a~eld lEagie LaIIce m Pittdn summit . ; 4 ` . J._.I\• u. r.i'1u~~ LV~. , il.~ V Ll~ 1 lU•'J2 UUUL.VfGLlI ' VUL)'IIL/._.1Vf l~ Lt 1..' ~ RV R[3L RESV~~ SYMH oN6'V LYY ' W.VV6AYY 21.ddYT . Buscicey Arbaney SebYana Hoffineastex 5amh Oliver George Austian Antlp Hwd John Ozae11o John Ayer Tam Hopengarner Sherry Paller IBetsy Bauer Rack Humm Dave I'arker Kmt Hwham Terry Hun¢ Cattiy Patli Afl1en Rest Jack Ingst~d Harlow Pemgo 9tacey Boline Dse Jacobson Johranette Fhillips cCbarnaine Boudrreaux Ka4e 7anbw1a Pa,tti ]Picl~g Tsu Wolin-Brown Jannes E. Jolnnson, Jr. Iinnda Powcgs 7udi laurweD Liada 7ohnson Barbara Rami.rez detnai.fer CarH Linda Kakela Marilyn Repsher Dack Carlton Sherenan Karcher Ray Ring JBob Cas~y Krastfn ~innoY Im Ituswlb ]Bob Child • Mary Sue Kenniaagton Angela Ryden Kate Callins James Xmt Lon Salanty David Cunningham Sumne Koncban Kay Saulsbcrry 18ob Defffman pill Kovicxvich 7ack Saundeeiss Dan Dennison Colin laird Samh Schipper 3teve Y~eWige Somy LaSalle Robert schultz Dee Dee Dieldasm dack ILewis Christine Scaip Debbie Dowas Margarc¢ Lorag YCathy Shipley LamaM F-ccharde Flat Long Beth 3mith YDeb Il?dwarc9s John Loschlce Charleett Smith Brac,e T'auser Rick 11rlacC°rutcltmn Marian Srnith Tam Flanagan Laura MacTavish Stephania Stanford Katthge= Forinash Joe MaY Aflice Suundcca~ Joe FmrPeseer Jim Markuson Nan Sundeen Deborah Pxazaev lames Marfin Ho11y Tatna?1 Waltee ~°nglaghee Er1~ Martinez Dave ToYen Bob Gamlin machaclMcGam John 'I'htasher John Ciarrasey Mafy Meisner Kg?le Troxel Buc9 Gates Pete MjchWsm PcSgY L1tesc@~ ~~man E1cn mifller 7enny ~I~ter ~xary C.91~n Scote A~ill~ I~y Wa.t~ Torn ~dwin l~tthcwr iiaigu~3 Jack VVcissli~g Valcra,r- Ham L.yn R~organ Stevve Wickes Robin Haft Diclt Moaton Blair Webb Teffy Hale p3iek Neafl Bleb dVeipidng CmIyn Hardin Cathy Neclan Idtobert Weller Reid Ra'~ghey loaae?1e RTaac,koll?s Pat W'ilkins-Wells Jaady Haywaard Alandra Off Dave Willaarias Dre John Hefiy Ed O°U* Bill Wood XBthy C"er-Hcnry dearyy O1iver I ~ --UClr-U1-ZJ4inu` 10:4u Vnu uISiKiLi urr It;L yy rH?i NO,y;IU39957278 P. 03 This hour in small groups allcnvB people to discuss coll.abora- What's tioms and cooperative efforts fhat are iilxeady in place and are work- worklr?g uowt ing• DiscusaLn8 the posirive tturigs thgt are akeady itz place(What's . Wltere do we 'workiqg mw?) wvill allow the srnail gproupe to envision possibili.bies want to be? fox future mllaboratioft. Itecard thwir aamments ttnder the hea,ding hw "Whafs Working Nvw7", ''fcen brainstorm "Where Do'We Want To ~~~s Be?" xor example, what will, aur fi.ve touniies look like five years from now if wQ aceompli~sh ev~yt~it~;g You tivould like tn? Record small gFouPs theu comnwmts. Fo110w3rtgup with th.e question'~+ITh$t's *~is~g7,• helps the gxoup begin to see E~te gap between the present and the u:30-M15 futtm. This is a time w1en you cautd geE nwre visualy if you feel comforiable, and ask your group to draw a pictttne of the present and their vision af the fuhire axtd the gap betweext. Stay away fmm salu•, tions. You will have generated a lot o:Eideas d tg thes~ marning sessions. We will hang the "gainllose" aheete att~d the "What'e wvork- ing?, VYhere do we want to be?, What's unsssing?" alveets in the large moin eo thal people can see the other groups' work during lunc.h. Iiave yaur givup ch.oase sameane to ::ummarize fdr the Iarge group. Again reatind the spokesperson aboxit limited time. Luneh During the hutieh hour we cacz i:-eview the rncrrning and 12:75 -1:15 strategize fot the afternnorL . Report to iarp Thissessiora ruill give the latge ;gmup a chance to "own" the Gr+oup work frnm the morntng and narrnw tke wtirk to lcey elements. we will begitit to see recurrtnt themes as dw smell gmups reporf tiut. Is15 - 215 Haw do vve get tTgizig the kay e]ernents, we will. move back into sma21 gmps there? and identify '`how we ptt to where we want to be"-ways to malce it Braixsatn= ale ha.ppen. Use the last halE of this seskozi to select and x~'ine the ways to ntiake it grpup's best idea8 for "how to get them'. Choose $ spokesperson fCtr hAPPen• the teport to large gmp, 2:15 - 3t40 Bseak 3:Q0 ~ 9:15 Repdi°t to Large Group 3:15 - 4:55 Next SiBps, _ Close ~sx~ - 4:45 a.._..i •inu~ ~,v~:i ri,:. ~-uz r i:r•v`v JuJ~GOrc,UI - JUvYii.i_lDi rr ur 1'u us.u-ua-o4 inu io-qu t,rn, u1bItC1L;l Ur!-ll;t rHx PIU. dUs3ft F. OZ 6 ~~stratio I n/ TIe cm#nentd br+eakEast wil give people a tiane to get ac- a~u~ied and sociabze. ~e ~Iyatt at ~a~r Cregk fs n beautifixI ~C~~~~`~~~g farllity, wltteh ~riY1 ma~ce ~ jobs ~asi~. We have registration well ~ org~ed e flwill start the me~g with a welcome. Iwill explain the ralc off the fscWtator an.d caIl oat the participaetts to help detizte the role o~ Rules the group meaaibers by e.atebli.ghing groW nermn for de- day. 'I'he fadli#atsrsu-ill takc these group norms ta their smaIl groups and tse 6;45 -9 tham ta g-Lide dteir gxvup throughauti the day_ Bpb C^~}ri Lake Coil81$3i' C0mmis81oE'tPrr atl~ SteVe Dewile, . General Mariagea of the Hyatt Regenrp at Beaver Creek wall present baekground and an avervriew of our area's gro'wth and the ehatlenges 9;00 - 9c4S and opporiwrutie6 tttat are petrt mf ffiat grow*th, Thgfi pa,cket of infor ina4im is stall - prepared. r1I seatd you a copy ae saan as Iget at. Movixig partidpants faom the large grmixp $o orrmT1 groups girtd ge" peoplg setEled Mll take afeVV mi,nutes. V1k will rnini.mize the }itt~~uctions tiim by laaving your grQUp idenfified for you before we bzeaYc fnom F-xpaeta¢iaabs p.arge group. Yrnx will Ehvn be able to lead your srio group to yaur d.eeqgnetted breakotxt room. R=ixid the gmup of yaur rale as facilita- tor. 'IheR have peDple amroduce dwniWves, share why they am tlvm agd give dwir expectations am for V%e day Reccvrd the~r eacpec- tataoaw on netvspria ~e Begin the gairtJIose discussian in d* session by lettir?g them ~ And ~e to gain? know that they wi11have to eepoTt to the luge group a# 11. Beg'sn this . wl~~ dco d;scussion bj' fisking Your ssatall group t4rhat they have to gafre fraom a we ha'~~ ~~er=ent and bcas'raesa partnership designed tm address hunlar' from filis need.s . Thns i~ a bminstoYm-remind them of the rWes of brainsto=. paMerffihap? Get as n,any of the gToup's adeas down es poss9ple withot:: _Ixhaust- ing flie gmuF etergY. Aftea geaderatkLg a good list ask the grvnp 9AS =fl~~~ sumunarize . "Wliat dto them two ibts mag to yau? "'L~ one way ta phraw it Have the group choo~ a spokespersan =d mmind them tha$ tuey Wi11 onIp flave 3 nnaetutes ta report. ~ YiaBe Someone irom tHe graup bring ft gainjIose aotes to the Iarge g S - 1WO rneeting gaoup for everyone to we ovex break. R"Xnt to This 1ar~e 9=p wi1l give people a r,lunse to w wha$ they have in IIArgO CMUp coaxnmon. Y fieirLk We-Will see a tong list caf gains and ashoater list of 110-11M 109C• 7MB session waU emr'gam them fQr the next srn?all graup sessaan. il? 'u'llr... l.,'Jv.\1 l t 1_ LJ U3 l 1'J' V 1 ) VUtJ_..Jv:JiJ _.:J~ 1'J ' ~ X G (T,~ . . 1 ~ry DYt L ? ~ f . , ~ SyffipOS1i1m PurppSe "To crWe a worldng parfnersbui.p that - addresses the economYC and hurnan needs of aur raml resoxt region.," . a RRR Pol]LCy ~~~emEYlt5; 1. Qur S Counties am ]inked by the resart ecosioiny and . nlrai namre. The countias canstitute a rural resart region. ' 2. Thene is a basic. level of service whic,h shotiid be provlded to aY] =enlbers of the carnmuruty iregardless of where t.}wy 13vc. ~ ~ ~ yw~ e _ Saturday-Sunday, December3-0, 1994 • 77teAspen Times 7,A ~ The Cover Story ~ ¦ eoRtlmred Irom prtrlas psge said. If advance bookings don't season's perfortnance, under "7tiis is like shooting ducks at continue to come in, the season the best scenario. a gallery. At this dme of the yeac, outlook for Aspen propertics "[t's bc a miracle," he said. there shouldn't hava beep a thing could fade. A 10 percent drop in skier vis- open" for peak times, Moms said. its would lower the Skico's total The same assessment was f(tA battooft dorvn 1hw to about 1.26 miliion or a setback offered by Chuck Frias, an execu- qftdas . equal to the numbets in the 1989- tive of Aspen Ctub properties and T6e airline-dominated outlook 90 season. a lodging representative on the for the season has the Sldco and ACRA board of ditectors. SRA counting on significantly RecoM record nundmws He told theACRA.board this less busines5 for their operatioas A decrease in skier visits week that Thanksgiving was as well as for the two tnwns, doesn't necessarily mean fewer "flaP" for the lodging industry in "Going into 1995 we're look- shoppers or guests. Aspen and t6at there are fewer -ing at one of the more difficult " Occupancy levels in down- reservations in December than at years financially in quite some ~ town Aspen properties were at or this poiat last yeat time," SRA's Hunt said. ' near a record last ski season Pmspects are even bleaker in The resort association, whuh despite the drop in skier visits, Snowmass Village, which + several business sources have depends on gcoup business confirmed. more than pspen, ' i. Obscrvers have noted that the Brian Windle, Skico "Om sicle note~ ~k short-tertn bed bate of Aspen has vice president of sales, said ' decreased over the last two he has been working close- ~,d ~~e $Ilow ~ decades, despite the addition of ly with lodges and hotels in r~~ , the Ritz. Several sma11 pmperties both Aspen and Snowmass have o co oome up wich an ass~_ - Terry Hunt, g ne out of basiness or con- verted to employee hoasing. ment of the season. His SnorvmassResortAssociation Instead of attracting the type mntacts in Snowmass Yil- of customers who want to stay in lage repnrted that as of late a clieap or moderately priced November, reservations hotel room while they ski every were down between 7 per_ day for a week, Aspen is becom- cent and 10 percent com- a=• 1 ing the destination of second- pared to last year. home owners who mme for a day Bookings in Aspen ' of skiing, a day of shopping and a properties are about even com- raises revenues from a"civic day of arts and cultural events. pared to the same point last year, assessment" on retail sales and Thc diminishing relationship according to Windle. He commissions on bookings, is between skier visits and business observed that Aspen properties counting on 8 percent to 10 per- overall is also apparent from city might be having a better time cent less in revenues for the sea- of Aspen sales-tax reporLc. because they don't tiave to bring son, according to Hunt. Sales were up each month last as lazge a group into tow•n as their He said he would advise indi- ski season ftom December oounte[parts in Snowmass, vidual businesses in Snowmass to through March, compared to the Iarge groups and families are expect the same size of decrease same months the previoas season. haviag the toughest time finding while occupancies for the season For those four_ months combined, seau on United Express flights. It overall will be down about 5 per- At Sardy Fleld thls wlMer, wlll the lack of alrllne seats mean ~les toraled $161.5 million, up 8 is easier for couples and individu- cent. fewer visltors disembarking onto the tartnac, as local business Percent over the $149.6 million als• Advance reservations in late leaders have predletedl Photo by Jlm Noelker. the season before. The Skico also has a great November were about 16 percent ln other words, there was a lot deal of direct access as owaer of behind the rate at the same time to be thanldhl for coming out of However, as any local lrnows, the of shopping, dining and renting of The Little Nell hotel in Aspen last yeay according to SRA. How- the holiday weekend. base can be caten up by a week of rooms going on even if visicocs and the Snowmass Lodge and ever, that improved from a 20 per- "One side note: Thank you, warm weather. weren't.skiing as much. Club. It also is an owner and cent deficit just three weeks ¢arly. I.,ord, for the snow," Hunt said. The Skica. racked up nearly 1.4 Local business operators don't helps supervise operations of Specifically, Snowmass busi= million skier visits last season at have to look any further ehan last Aspen Central Reservations, ness operators should expect Sk1oo thenldul, too Aspen Monntain, Highlands, summer for inspiration for the ski which handles anyw6ere from tough times Ihrough ]anuary, then You can bet the folks at the Snowmass and Buttermilk- season. one-thitd to one-quarter of the look for a brighter situation in Aspen Skiing Co. have been Tiehack. That was down 8 percent Conenental Express and Unit- town's bookings. February and March, aocording t(r counting the blessings for ample from the record 1.52 million visits ed Express both cut back service Windle warned t6at the Hunt. "We're going to stact slow, early_season snow as welL logged in the previous season. between Aspen and Denver last advance reservations picture then pick up," he said. Norton warned hundreds of The Skico is anticipating summer, leading to progtiostica- could worsen fot Aspen proper- Hunt warned the membecs of ACRA members during a lun- another drop of 8 percent to 10 lions of a dismal season. ties. Properties were well aware the ACRA board of directors this cheon on Aspen Mountain last percent in sl:ier visits at its four Instead, it was a rernrd sum- of the aidine situation so they week that they, too, had better summer that the decreased air mountains th.is season, according mer. Sales were svong Uuvughout were contacting prospective cus- brece for a downhun. service could be equal to the to Windle and Norton. the summer months -with lodg- tomers earlier this year. There- "T'hese are going to be hard effects of a low-snow year. The Norton sxid that decrease is ing and restaurants leading the fore, reservations might have times and anybody sitting around Ioss of the air service combined likely, despite the expectation ~of charge. rolled in earlier. this table that doesn't believe that with a low-snow year would more skier visits at Highlands Whether or not lhat unexpect- That could explain why wst me," Hunt said. pmve devastating,•he warned. after the addition of two new edly strong performance can be advance reservadons look good Despite the dismal oudook, It doesn't appear at this point high-speed quads. He said he repeated this ski season will be compared to last yeat, Windle the head SRA did find something t6at snow will be a problem, doubts the Sl:im rnuld match last wilrnown until March. 'TIS, THE SEASON TO BE JOLLY! ~ Motivated Sellers Buyers - Are you looking iEor sellers who really want to sell? Rick Becker John Dresser !ASS ~ . Boone & Co. REAL ESTATE SUTI'E 203 • The Offices at Snowmass • 303 923•2700 , co • , ~ y~ ~ '7~+ ' East Francis Estare Site. Spectacular seduded 10,352 sq. ft building site allows a 9500 sq, ft resi- dence plus basement and 500 sq. ft. garage. F'eaturcs exuaordinary views. • ~ ~ ~ im mmiNlaw (ONi p1/leIA* IK Avm PRICE REDUCED $89bl9p6 S695,000 '~eo~t ~ II. T~a ~ ~ q~ !a Rd~ou~e a ^ ~°F~,b„ -11: Robwt Rkdiie . NOP&MId" eeNwha6+a, ~ eaa WGOAIFS SOTHEBY'S ~h,'~ RMBLWALDRM u+eesrunowL RFwi.Tv 800-535-6959 . ~....d...~..~..,,,,,~,. 720 FASI' HYMAN AVENUE, ASPFN. CO 81611 •(909) 925.1400 • OEFTCFS ALSO IN SNOWMASS VaLACE , eQ 7he Aspen Tunes - SahmlaySunday, December 34, 1999 . .I'. "O'he over Story pmmtlnumd /rcm pega i,A hotel. Now, many of those same he noted, his shop is oriented eral manager of SRA. cent to 20,000 this season. at the lodges, and stores hosted boosters say the town is in peril if toward locals• No matter how you measure it, United also pickecl up some of varying numbers of shoppers, developet Gerald Hines' pro- "If December brings what fewer seats on fewer flights'trans- the slack from Continental according to a comparison of posed ski village at the base of November had, I'll be smiling in lates into fewer tourists coming Express' loss. The airline initially notes t6is week by members of Aspen Higlilands isn't approved. January," said WamPlet. here, acxotding ro Skico Senior planned a substaatial reductioa in the Aspen Chamber Resort Asso- The realrty is Thanksgiving But even Aspen retailing vet- V'ice Pmsident John Norton. its number of flights this ski sea- ciation board of directors and isn't exactly a beliwether week- erans like Click and Wampler are Figures dishibuted among the son.'llen, added IIights when the interviews with end to use to taking the poor eoonomic forecast business community by Norton Skico and resort associations IDerchants, , - the , , determine the seriously. Click said she has estimate that United Fxpmss wi11 offered a $100,000 subsidy. BV h a t e v e r outlook for already heard ditectly from visi- fly in about 120,000 tourists into United Express will add five 44 the results, one the season. tors in her shop that they flights per day, from 10 to 15, on fact remains "9 wouldn't 6ad a tough time finding Dec. 16, and keep up that sc6ed- artain _ busi_ say that I was available flights into ule Uvough the meat of ski sea- ness owners packed over Aspen. ~ o son. Nevertheless, business lead- and operators Thanksgiv- Wamplet, habitually ~d be a miracIe°A ers fear there aten't going to be t h r o u g h o u t ing, but I cautious of predictions by enough flights available on Satur- - Skico's John 1Vorton _~e day a enocmous share Aspen and never am," tourism ' boosters, has Snowmass Vil- said lane scaled back the aznount of on the chareces of basutess of peoPle taking a sld triP want to la~ ~~t cannot Click, long- winter merchandise he's matching last season's marks anive and depart. shake the time owner of ordering. A smazt retailer in uneasy feeling the Gerani- Aspen divides and spaces noaas ~do bm they have going into the 1994-95 mns 'n Sunshine shop at 520 E. out the s6ipments during T'he result is condominiums, s!a season, Durant Ave. and an organizer of the season under the best of lodge and hotel rooms are still Discussions about the effects the fledgling Aspan Retail Asso- circumstances, he said. available at traditionally busy on ski season of reduced airline ciation. With the warnings about times of the season, but there service dominated power lunches Michael Wampler, owner of drastically reduced num- aren't weekend flights available. t6roughout the summer. Repre- Aspen Velo Bicycles and Snow- bers of tourists, Wamplet called Aspen throughout the season. Rooms ace even available dur- sentatives of the Aspen Skiing boards at 465 N. Mill St., also off his final shipments. . United and Continental combined ing the Christmas and New Co., Aspen Chamber Resort discounted the ability to predict last season to deliver about Year's period, when locals take Association and Snowmass the season from the traditionally DefbdtWy 9oawer fllQft 151,000 tourists• for ganted that Aspen and Snow- Resort Ascociation have sounded quiet Thanksgiving weekend. While toutism boosters can Some of that 31,000 passenger mass Village will be full to the the alazm to biace for a business 'T6ere weren't a lot of tourists often be criticized for playing deficit is supposed to be offset by gills. - decline that could hit double dig- in town, other than my brother," Chicken Little, this time they're a muketing push by the Aspen Bob Morris, owner of Aspen its, Wampler said. "There never are a[med with 5gures. SEing Co. and the resort associa- Accommodations Inc., which Business leadets have taken (duringThanksgiving)." The loss of Continental tions. They are promoting the books ski trips, said recendy he every opportunity to warn about He said 6e is coming off a fab- Express means 76,000 fewer Eagle County Airport as an alter- could book.rooms for just about the dire rnnsequences of Conti- ulous November where sales seats wil] be avaiJable into Pitkin . native and expect to boost the any time of the winter - a fact nental Express' decision to pull were up 100 percent over the County Aitport over the course of number of Aspen-bound tourists he found disturbing. • out of Aspen, and all of Col- same month last year. To.be fair, sld season, said Terry Hunt, gen- pascing through there by 72 per- ¦ conUrrreed on ld/owlng Pa& orado, in Octobec The only other . " local commerciai carrier, United Fxpress; has boosted its number of flig6ts, but not enough to off- ` set the loss of Continental. ASpE11 flfl0witaif1 ~ What's the result of all the JLWO _ O • warnings? Business operators, usually anxious for the season to begin, are plowing ahead in a kind of cold sweat. goo _ Reaft tioa bad? Despite'the warnings, there is - , . reason to question if the ski sea- son will mally be that bad. 600 Resort business leaders are like Iowa farmers, who fuss and 5et a11 summer even if a bumper rnrn crop is taking shape. Even S 4M after a bumper crop is 6arvested., both farmers and tourism boosl- ets are apt see houble on the hori- s~~ zon. 200 A cynic would recall alarms in - ' the late 1980s that Aspen wouldn't be able to com p ete with 3 F ' other top Colorado ski resorts if Q- me e?ry councit aian'c immeai- 1990-9g 2.99]:92 i992A3 L993U ately and unqualifiedly approve the 257-room Rih-Cazlton luxury Rdaturra?ly Y)elicaous Vegetarian Cafering We' ve G o t Yo uT C o n n e c ti on! Scrning Beaunfulfy A,•cepand Negetarlan Foods ozo = Reservations/Appointments ~~i~..~... 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Callnow 'Maia Dir¢clorg, OR within any of the a s Tire i nnnre se w andfindoutaprovensystemtogetyourhomesoldontime...for three °Categorg° Directories, Taanve ~wab uoaa a.n.+r 38 9 7 Mi11R, YANICIIRE, YA86MyiE, flT E88 (Any CMko) 6+,0 der ~~~I pj~! . , . 9 9 CONTAC~T Ap ae INF -L NE 8 YNn Diraetotq Re+turn . Coiaptimsnn OJBak'Hurtley & (svarieb Reu! Firate - . M- I - _ - ; I7- Weekly Edition ...~.r , ~ ' . ~ 4 i , ; I • i . I , f ~ ~ . , ; ~ - ~ . , ~ 1 f 1 1~ ..~1 1 ~ •.~I ~ ~ ~r . ~ - til ~ 1 ~ . ~ < ' 'a'`+~"'~-~,~•,:~j~,~_. ~ ~ 4~~ , \ ' • _ ~ ~ ~ . s . 1„ • e%..ti ~ . Y ^ ~ ~3 f~6 ~ - ~};.t , ~ ~ r. ' V fr. ~ f i ~ ~ Y ; I k. ~ ~ ,r~7 4r ~ t I Mi - I ~ .'.4 ? ~ ~ ~ I ( * ~:"q-~y' - ¢ ~ •~~5~ 'I I t+~.~~~ . L.,• ~ _•I ~ ~ ~ _ ~ , . i • I I ~ ' ~l A ly TOWN OF UAIL ~ 75 South Frontage Rond Yail, Colorado 81657 303-479-2100 FAX 303-479-21 S7 December 2, 1994 T.T. Palmer, PHD,, CSP 3232 Chrisland Dr. Annapolis, MD 21403 T.T. Palmer: Thank you for taking the time to share your feelings with us regarding Vail's ordinance banning assault weapons within our commuriity. We are certainly sorry to hear of your decision to ski at another resort this sezison, although we respect your position on the issue. I'm enclosing a copy of the ordinance and several new;>paper articles associated with the ban, including a shooting which happened recE:ntly in a nearby community. Currently, the ordinance has been suspended pending the outcome of an effort to repeal the measure by members of a local citizens comrnittee. This committee has successfully petitioned the Vail Town Council to vote rE;peal of the ordinance. That vote is scheduled for December 6. If the Council fails to repeal, the issue will be taken to a vote of the community in accordance with oijr Town Charter. We'll plan to update you regarding the outcome of this public process. In the meantime, thank you again for writing to us. WE: hope you enjoy your ski vacation regardless of your absence in Vail. If I can provide additional background, please feel free i:o contact me at the Town of Vail. Sincerely, VAIL TOWN COUNCIL ,g.J~,~J Merv Lapin Mayor Pro-Tem Enc. FROM : CONNIE KNIGHT C303) 476-3615 PHONE N0. : Dec. 05 1994 02:35PM P02 necernber 5, 1994 Vail Town CounCil Members Tawn of Vail 75 s. Frontage Road, West Vd.il, Ca 81657 pear Peggy, Pau1, Merv, Tom, Sybii, Jim and Jana Many Vaf.l resYdents are extremely concerned abaut the 15 year Contract you are planning on granting ta TC7: at toyfiaxrow night's council meeting. A petitio» is bainq ciroulated to atop imriy such action. ' The basa.s 3s the length of the contract, the lar_k af good service and 3.ndifferent attitudes o TCX contends it needs such a Yong termi aontract ta justify installing fiber-aptic Cable. Yet that is mer-elyr the cast of dding business and etaying abreast of the times. Who knows where the information higbwal, wi1l take us in tl'ne next 15 year5? To give TCI the on].y acceas to, the Vail Va1.].ey with no aompetition and no assuranoes that servf.cQ or attitudes will imprpve vr prices stabillize is not govd busi:ness sense. • I hope, as do many other residents, that yau will seConaider this luGrative contract. Please. Thank you. . sincerely yours, P _ Connie Knight