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.
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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.
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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.
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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.
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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).
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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 .
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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
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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
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liiili177=r ic~~~ uUrc~U~h ~ K1t~L~1`.~ J{JJ 258 0215 r.1b
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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 - ~
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11i11i177Y 1G•JO DUKJUVn o. n1KU1J~` O~J ~70 Li"-1J
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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$, a.n respect to any of its duta.es or obligatiana •
hereunder anci shall be gully protected in aCting or refraining trom
acting in accprdanae with the advice of such counsel.
Tkae. 1Retirement Board shal]. incur na liaba.].ity for aray
ldse ta or depreciation in vabue af the Trust F'und ar for any acti
doaae or oma.tted to be done in the aclministration of the Trust, sawWoaA927a.i -15 -
11~11/1~y4 lc.~ ~o iauKSUt,n a h1Kia15 JYJ~i 258 E215 P. 18 s
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except for bxeach of its fxduci.axy , duty ae aet foxth in this ~
instrument. The Retirementi Boaxd ehall be indemni.fied and eaved '
harmless by the Employer from and aga3nsti amy andl a11 liability '
arising from breaah of its f iduciary duty as aforei3aid, incl.udi.ng a11 expenses reaaonably incurred in its dei:enee, i,.n case the ~
Employer fai].s tc prcvide such de£ense. Section 13.2 Indemni£ication, ~
The Employer shall iridemnify and hold harmless the '
Retirement Haaxd from any and a7.1 claims, lcsseig, daimages, expenses (incJ.udi.ng aaWnsel faes approved by the Retireme,nt Board) , and
liabi].ities (including any amou.nta paid in settlement with the
Retirement Hoard's approval) ariaing from any act or'omiasian.of
the Retirement: Board, except when the same is judicija].ly determined
to be due to the gross negligence or willful miacanduat of such
Retirement Board.
Sectian 13.3 Bandina and Insurancge. I
The Retirement SoaXd, any Investment Mariagex appoineed '
pux'auant to Sectxon 3.4, and anyone acting aa a Fidluciary shall be '
banded for tihe minimum amount required unless the Eatployer sha1l .
direct that a bond in a larger amount be mai.ntained. The
Retirement Board may obtain Errora and Omissions Znsuxance for such
amount as they deem adrrisable to protect the Truist Fund. Such
insurance and bond premiums and teea may be pa.id ar an expense of the Trust pursuant to 9ection 5.1.
~
. . • . ,
TN WTTNESS WHER$OF, the parties hereto have executed this
instrument ths day and year fzrst above written.
TOWN OF VAIL
!
BY; I
Mayor ~
' "EMPLOYER" .
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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
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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 -
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~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. :
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(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 -
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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 -
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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
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(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
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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
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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-
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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
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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
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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 -
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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
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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
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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
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Ordinance No. 26, Serias of 19Si
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EXHIBIT A
The Franchise Agreement was distributed to Council on November 8, 1994.
C:\ORD9426
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ordinance No. 26, series of 1994
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Channel
Vagfl Valley Cornrriunitjr °fe[evision
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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
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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
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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
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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
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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
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- See Accountant's Compila4ion Repor4
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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
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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
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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
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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
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Vaif Valley Community Television Corp.
Financial Statements ~
~ December 31, 1990
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. 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
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~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.
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. . . $80,482.96
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F.,-., See Accountant's Compilation Report k~: ,
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, • 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
;
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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:
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~1 See Accoun4ant's Compi.iation Report
''.o ~
{
. ~ .
Vail Valley Community Television Corp.
Financial Statements
• December 31, 1989
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' 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.. • • • • ' • . . •
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_ 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
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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.
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Use of Viewing and Dubbing Facilitiesaeevosoove „ No Charge
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~ Training Classes and Services
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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
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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
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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.
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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.
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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%)
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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.
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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.
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Ordinance No. 15, Sarias of 1994
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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. •
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Ordinance No. 15, Serias of 1994
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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:
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Ordinance No. 15, Serias ot 1994
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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
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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~
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,>~:.•r ~oc•~~......: :a:r,x.,o..,,.r,.::. ..:x.:...:~.~:£...«y:.`r . s ~a „ ..~-x ~t:.-a>:
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. . . . . . . . . . . . . ~ . . . .
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
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3
f
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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
'
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v ~ .4:....3 ...+p~~.~.... '
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2j`a''
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.i:.~ t'. . L
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~.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
'
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, 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~~
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(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)
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~ T.T. PALMER, PHD, CSP -
. ~ ` 3%32 Cc9;<ISLr1ND DRIVE
- 1 AC~NHPOLIS. MD 21403
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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.
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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!
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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:
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. . . ' . . ' ~ _ . . . . . . :.:f:;:;:: ~:':.::~'•:~'.~:~:~~j'~ ~ . . . . -
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. 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$SALE 81704 86374 4574 5.8
. RETAIL 283175 317412 34237 12.1
FYN-INS-RB 95410 104393 8983 9.4
SERVIC&3 364170 448663 84493 23.2
GOVBRNMBNT 261254 285806 25552 9.8
STATISTICS FROM THE COLORADO BMPLQYMENT AND WAQE RFsPORT E6202
FROM THTs CQLORADO DEPARTMENT Op LABOR AND EMPLOYMENT, LABOR
MAEZKBT INFORMATION (GRBSN PACKET)
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Q:a~e~m~rr lB~~Ile ~arfieldl 7La~c~ Pf ~I~~I~rn ~g _
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°1'otr.al Popbdlat$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
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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
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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
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~...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:
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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
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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