HomeMy WebLinkAbout2008-08-19 Support Documentation Town Council Evening Session
?VAIL TOWN COUNCIL
EVENING SESSION AGENDA
' VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., TUESDAY, AUGUST 19, 2008
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Input. (10 min.)
2. ITEM/TOPIC: Town Manager's Report. (10 min.)
? Chamonix Parking Development.
3. Bill Gibson ITEMITOPIC: The applicants, Texi and Scotto Lowery, represented by
VAg, Inc., are requesting permission to proceed through the
development review procsss to allow private improvements on Town
of Vail owned property. (15 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny the request to proceed through the
development review process.
BACKGROUND RATIONALE: The applicants are requesting
permission to proceed through the development review process with
an app{ication to construct a second floor deck on the north side of
the Bell Tower Building, located at 207 Gore Creek Drive, which
encroaches onto the Town of Vail owned Gore Creek Promenade.
The applicant must first obtain Town Council (i.e. property owner)
approval before proceeding through the Town's development review
process.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council denies the
applicanYs request to proceed through the development review
process.
4. Tom Kassmel iTEM1TOPIC: West Meadow Drive Reconstruction Project. (10
min.)
ACTION REQUESTED OF COUNCIL: Authorize the Town
Manager to enter into a construction contract for the
reconstruction of West Meadow Drive.
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BACKGROUND RATIONALE: The West Meadow Drive street reconstruction project has been in planning since 2001. The
project includes street reconstruction, drainage improvements, a
raised paver sidewalk on the north side and an at grade paver
walk on .the south side, landscape planters, -replacement of the
cul-de-sac planter,. and new street lighting. The project is
budgeted at approximately $3 million between the Capital Project
and RETT Funds. Exact bids uvi11 be presented to Council on
08.19:08. The project wifl be completed in finro phases; Phase l ,
(Fall 2008)- Vail Rd to the west property line of Four Seasons, Phase I( (Spring, 2009)- Four Seasons West Property {ine to Cul-
de-sac.
STAFF RECOMMENDATIOIV: Authorize the Town Manager to
enter into a construction contract with the lowest responsible and
qualified bidder for the reconstruction of West Meadow Drive.
5. Bil1 Gibson ITEM/TOPiC: First reading of Ordinance No..18, Series of 2008,
an ordinance amending Chapter 12-3, Administration, and
Chapter 13-1, General. Provisions, to establish notification of
surface development regulations, and setting foRli details in
regard thereto. (10 min.)
The proposed regulation amendment will bring the Town of Vail's
zoning and subdivision regulations into conformance with Title 24,
Article, 65.5, Notification _ of Surface Development, Colorado
Revised Statutes.(CRS).
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ACT10N REQUESTED OF COUNCIL: Approve; approve with
modifications, or deny Ordinance No. 18, Series of 2008, on 'first
reading. .
. BACKGROUND RATIONALE:. On August 11, 2008, the Planning
. and Environmental Commission voted 5-0-0 to forward a
r.ecommendation of approval for prescribed regulation
amendments to Chapter 1.2-3, Administration, and Chapter 13-1,
General Provisions, to establish notification of surFace
development regulations, and setting forth details in regard
thereto. STAFF RECOMMENDATION:
"Staff-recommends-the Town Council approves Ordinance No. 18,
Series of 2008, on first reading.
6. Matt Mire ITEMROPIC: Resolution Number 13,. Series of 2008, A '
Resolution Approving the First Amendment to Development
Improvement Agreement between the Town and OHP Vail. , One
LLC Conceming the LionsHead Parking Structure; Ap"proving the
"Project Plan" Pursuant to the First Amendment. to the
Development Improvement Agreement; and Setting Forth Details
in Regard Thereto. (20 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendments, or deny Resolution No. 13, Series of 2008.
BACKGROUND RATIONALE: The Town of Vail (the "Town°) and
OHP Vail One LLC (the "Deveioper") entered into a Development
Improvement Agreement (the "Agreement") on October 16, 2007.
The Agreement sets forth the rights and obligations of the Parties
with respect to ths proposed mixed use development, including
timeframes, deadlines and target dates for the campletion of
certain tasks. Pursuant to the terms of the Agreement, the
"Project Plan° was required to be submitted by the developer for
consideration by the Town Council by March 15, 2008.
Thereafter, the Developer requested and was granted an
extension of time, pursuant to Section 3.08 of the DIA, to the
peRnitted contract date of September 15, 2008 for review of the
Project Plan. By letter dated June 5, 2008, the Town notified the
Developer that there were also issues conceming the Developer's
compliance with deadlines set forth in the Agreement conceming
the c.onference center proposal, as well as issues refating to the
Developer's employee housing plan.
On July 15, 2008, the Town Council directed Town staff to return
with an amended approval process for the Project Plan submittal.
In addition to establishing an amended approval process for the
Project Plan, the Town and Developer also wish to resolve by
amendment to the Agreement the above-referenced issues
conceming the conference center and employee housing.
STAFF RECOMMENDATfON: Approve, approve with amendments,
or deny Resolution No. 13, Series of 2008.
7. Ron Braden ITEMITOPIC: Resolution No. 16, Series 2008, a Resolution
Approving the Intergovemmental Agreement Befinreen the Town of
Vail, Colorado and the Colorado Department of Transportation
Regarding a Fiber and Intelligent Transportation System
Equipment Installation on Interstate 70 and Responsibilities of
Both Parties; and Setting Forth Details in Regard Thereto. (10
min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendments, or deny Resolution No. 13, Series of 2008.
BACKGROUND RATIONALE: As part of the lnterstate 70 (I-70)
West Corridor Management Project, which was completed in
2006, CDOT deployed a fiber optic backbone communications
network from Denver west through the Eisenhower Johnson
Memorial Tunnels to the Frisco Exit. This completed a permanent
Center-to-Center (C2C) connection befinreen . the Colorado
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. Transportation Management Center (CTMC), which is located in
Golden, ' and the Eisenhower Johnson Tunnel Management
Center. CDOT aiso instalied necessary computer and nefinrorking
equipment to operate its fiber optic network, and to communicate
with and control ITS devices such as cameras; dynamic message
signs, weather stations, travel time/speed indicators, etc.; from the
CTMC. CDOT is currently coritinuing with the deployment of the
fiber optic communications backbone from the . Frisco exit
(approximate Mile Point 199) to the west side of Vail Pass
..(approximate Mile Point 182). The Town's desire to upgrade local
communications along a segment of 1-70 from the referenced end .
point on the west side of Vail Pass (approximate Mile Point 182) to
the West Vail Interchange (approximate Mile Point 173) which
would extend the Project an additional nine (9) miles to the west.
This additional nine (9) mile segment shall be referred to in this
Agreement as "the Project Extension°. TF1e actual ptoject length
of the Project Extension will be as determined by the amount of
funding the Town is able to secure,. however fhe Project Extension
shall be at least to Mile Point 177:
STAFF RECOMMENDATION: Approve, approve with
amendments, or deny Resolution No. 13, Series of 2008.
8. Stan Zemler ITEM/TOPIC: Resolution No. 18, _Series 2008, _a Resolution
Approving Addendum Number 41 to the Establishment Contract .
for the Ftocky Mountain Rail Authority in Order to Effectuate the
Town of Vail's Membership Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with.
amendments, or deny Resolution No: 18, Series of 2008. BAC6CGROUND RATIONALE: The Rocky Mountain Rail Authgrity :
(the "RMRA°) was established on Noyember-20, 2006, for political
subdivisions of Jhe State of Colorado, to . define, promote and
` implement mass transportation services and solutions to Colorado's growing transportation infrastructure needs, and to
bring focus to the. development. of high-speed rail in the .
transportation cortidors of Colo'rado. In ;order to effectuate the
Town's membership in the RMRA the Town must execute the
attached Addendum Number 41 to the Establishment Contract for the Rocky Mountain Rail Authority, as amended by' the First
Amendment to Establishment Contract (the °Addendum").
STAFF RECOMMENDATION: Approve, approve with
amendments, ..or deny..Resolution No. 18, Series of 2008. In
addition, Council is requested to approve an additional $234,000
for a total project"cost of $834,178 with Eagle County confributing
$210,000. Total TOV contribution will be $624,000.
9. ITEflIUTOPIC: Adjoumment. (7:30 P.M.)
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NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BEGIN AT TBD, TUESDAY, SEPTEMBER 2, 2008 IN THE VAIL TOWN
COUNCIL CHAMBERS.
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MEMORANDUIIA -
TO: Town Council -
FROM: Community Development Department
DATE: August 19, 2008
SUBJECT: Ordinance No: 18, Series of,2008, for prescribed regulations amendments
to Chapter 12-3, Administration, and Chapter 13=1, General Provisions, to
establish notification of. surface :development regulations, and setting forth
details in regard thereto. (PEC080023) •
Applicant: Town of Vail,
Planner: Bill Gibson
1. DESCRIPTION OF THE REQUEST
. The applicant, .Town of Vail, is requesting a first reading of Ordinance No. 18, Series of
2008, for prescribed . regulations amendments to Chapter 12-3, Administration, and ,
. Chapter 13-1, General Provisions, to establish notification of surFace development
regulations, and setting forth details in regard thereto. The proposed regulation
amendment will bring the Town of Vail's zoning. and subdivision regulations into
conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado
Revised Statutes (CRS).
Ordinance No. 18, Series of 2008, has been attached for teview (Attachment A), and the
Staff memorandum to the Planning and Environmental Commission dated June 11, 2008
has been attached for reference (Attachment B).
II. BACKGROUND
At its August 11, 2008, public hearing, the Planning and Environmental Commission
unanimously forwarded a recommendation of approval of the proposed amendments by
a vote of 5-0-0.
III. STAFF RECOMMENDATION
The Community Development Department recommends the Town Council approves, on
first reading, Ordinance No. 18, Series of 2008, for prescribed regulations amendments
to Chapter 12-3, Administration, and Chapter 13-1, General Prbvisions, to establish
notification of surface development regulations, and setting forth details in regard
thereto.
' Should the Town Council choose to approve these amendments, the Community
Development Department recommends the Town Council pass the following motion:
"The Town Council approves, on first reading, Ordinance No. 18, Series of 2008,
for prescribed regulations amendments fo Chapter 12-3, Administration, and
Chapter 13-1, General Provisions, to establish notificafion of surface
development regulations, and sefting forth details in regard thereto."
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Should the Town Councif choose to approve Ordinance No_ 18, Series of 2008; on first
reading, the Community Development Department recommends the Town Council
- makes the following findings:
1. That the amendments are consistent with the applicable elements of the
adopted goals, objectives and policies.outlined in the Vail Comp"rehensive
. Plan and are compatible with fhe development objectives of.the Town, based
upon Section Vl of the Staft memorandcim dated August 11; 2008, and the
evidence and testimony presented; and,
2. That the amendments furtlier the general and, specifrc purposes of Zoning
and Subdivision Regulations, based upon Section VI - of the Staff .
memorandum dated August 11, 2008, . and the evidence and, testimony .
presented; and, 3. That the amendments promote the healtli, ; safety, morals, and general
welfare, of the Town and . promote the coordinated and harmonious
development of the Town in a manner that conser"ves and enhances its.
natural environment and its established character as a:resort and residential
community 'of the highest quality, 6ased upon Section VI of th"e Staff
memorandum dated August 11, 2008, and fhe evidence and testimony
presented. " .
IV. ATTACHMENTS
Attachment A: Ordinance :No. 18, Series of 2008
Attachment B: Memorandum to the PEC dated June 11, 2008
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Vail Town Council Attachment: A
ORDINANCE NO. 18
SERIES 2008
AN ORDINANCE AMENDING. CHAPTER 92-3, ADMINISTRATION, AND CHAPTER 13-1, GENERAL PROVISION, VAIL TOWN' CODE, TO ESTABLISH
NOTIFACTION OF SURFACE DEVELOPMENT REQUIREMENTS, AND
SETTING FORTH DETAILS IN REGARD THERETO. ,
WHEREAS, Article 65.5, Notification of Surface Development, Colorado Revised
Statutes, establishes procedures for providing notice to owners of mineral interests'conceming .
impending surface development; and, -
WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval
for the proposed text amendments to the Zoning and Subdiyision Regulations to the. Vail Town
Councif in accordance with the procedures and criteria and fndings outlined in Chapter 12-3 of
the Zoning Regulations of the Town of Vail; and, ' . -
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based `
upon Section VI of the Staff memorandum to the Planning and Environmental Commission
dated August 11, 2008, and'the evidence and testimony presented; and,
- WHEREAS, the Town Council finds and determines that the amendments 'further the
general and specfic 'purposes of the Zoning and Subdivision Regulations, based upon Section
VI of the Staff memorandum to the Planning and Environmental Commission dated August 11,
2008;,,and the evidence.and testimony presented; and,
.WHEREAS, the Town Council finds and determines that the amendments promote the .
health, safety, morals; - and general welfare. of the Town and promote the ; coordinated and
harmonious development of the Town in a manner that conserves and enhances- its natural
environment and its established character as a resort and residential community of the highest
quality, based upon Section VI of the Staff inemorandum dated August 11, 2008; and the
evidence and testimony presented; and, -WHEREAS, the Town Council finds and determines that the public health, safety; and
welfare will be served by these adopting regulations, based ' upon Section VI of the Staff. .
memorandum to the Planning and Environmental Commission dated August 11, 2008, and the
evidence and testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN CO.UNCIL OF THE TOWN OF. VAIL, COLORADO, THAT: Section 1. . Chapter 12-3, Administration, of the Vail Town Code is hereby amended
as follows (text to be deleted is in sttilEefhFeW#, text that is to be added is in ita/ics., Sections of
text that are not amended have been omitted): 1 Orcfinance No. 18, Series of 2008, mineral estate notifica6on, first readng
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12-3-10: Notification of Surface Deve/opment It sha/l be the sole responsibility of the applicant to provide notice of any application for
development to any mineral estate owners and the Town of Vail in accordance wifh the
provisions of Title ` 24, Article 65.5, Notification of Surface Development, Colorado.
14evised Stafutes: It shall a/so be 'the sole responsibility of the applicant to certify that
said notice was provided to the mineral estate owner pursuanf to Subsection 24-
65.5103-1, Colorado Revised Statutes.
Section 2. Chapter 13-1, General Provisions, of the Vail Town Code is hereby
amended as follows (text to be deleted is in s#fikethFough, text that is to be added is in italics.
Sections of text that are not amended have been omitted):
13-1-8: Notffication of Surface Development
!t shall be the so/e responsibility of the subdivider to provide notice of any application for
development to any mineral estate owners and the Town of Vail in accordance with the
provisions of Title 24, Article 65.5, Notification of Surface Development, Colorado
Revised Statutes. It shall also be the sole responsibility of the subdivider to certify that
said notice was provided to, the mineral estate owner pursuant to Subsection 24-
65.5103-1, Colorado Revised Statutes. . Section 3. If any part, section, subsection, sentence; clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would Fiave
passed this ordinance, and each part, section; subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections,. sentences, clauses or .
phrases be declared invalid. .
Section 4: The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the..
inhabitants thereof: - '
Section 5. The amendment of any provision of the Town Code as provided in this,
ordinance shall not affect any right which has accrued, any duty imposed, any. violation that.
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously, repealed or
superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,.theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED; AND ORDERED
PUBLISFiED ONCE IN FULL ON FIRST READING this 1e day of August, 2008 and a public
hearing for second reading of this Ordinance set for the 2"d day of September, 2008, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
2 Ordinance No. 18, Series of 2008, minarel estate notification, first readirg
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Richard ID •
evelandp~~est: C
lerk
i Donakdson, Town
Lore?e . ,
hrst res&n9
s of 20Q~' m'^~ estate
. ~.~p 18, $e~ .
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Vail Town Council Attachment: B
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MEMORANDUM
TO: Planning and Environmental Commission
• % FROM: Community Development Department
DATE: August 11, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant
to 12-3-7, Amendment, Vail Town Code, for prescribed regulations
amendments to Chapter 12-3, Administration, and Chapter 13-1, General
ProVisions, to establish notification of surface development regulations,
and setting forth details in regard thereto. (PEC080023)
Applicant: Town of Vail
Planner. Bill Gibson
1. SUMMARY
The Applicant, Town of Vail, is requesting a final recommendation to the Vail
Town Council, pursuant to Section 12-377, Amendment, Vail Town Code, for a
prescribed regulations amendment to Chapter 12-3, Administration, and Chapter
13-1, General Provisions, to establish notification of surface development
regulations, and setting forth details in regard thereto.
Staff is recommending the Planning and Environmental Commission forwards a
recommendation of approval of the proposed amendments based upon the
criteria found in Section VI of this memorandum.
II. DESCRIPTION OF REQUEST
The Applicant, Town of Vail, is requesting a final recommendation to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a
prescribed regulations amendment to Chapter 12-3, Administration, and Chaptet
13-1, General Provisions, to establish notification of surface development
regulations, and setting forth details in regard thereto.
In Colorado, many properties have been severed into surFace estates and
mineral estates, which may be owned separately. Recognizing that development
' of a surFace estate may affect the development of a mineral estate; the State of
Colorado adoptecf statutes requiring that notification of certain surface
developments be given to affected mineral estate owners.
The proposed regulation amendment will bring the Town of Vail's zoning and
subdivision regulations into conformance with Title 24, Article 65.5, Notification of
SurFace Development, Colorado Revised Statutes (CRS). The proposed regulation amendment includes the addition of the following text to the Town's '
zoning and subdivision regulations: .
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• 12-3-90: No6fication of Surface Development
lt shall be the so/e responsibility of the applicant to provide notice of
any application for development to any mineral estate owners and
the Town. of Vail in accordance with the provisions of Title 24, Article
65.5, Notification of Surface Development, Colorado . Revised
Statutes. It shall a/so be the sole responsibility of the applicant to
certify that said notice was provided to "the mineral estate owner
pursuant to Subsection 24-65.5103-1, Co/orado Revised $tatutes.
13-1-8: Notification of Surface Development
lt shal/ be the sole responsibility of the subdivider to provide notice .
of any application for deve/opment to any mineral estate owners and
the.Town of Vafl in accordance with #he provisions of TifJe 24, Artic/e
65.5, Notification of Surface Deve/opmen4 Colorado Revised
Statutes. If sha/l also be the sole resportsibi/ity of the subdivider to
cer,tify that said notice was provided, to. the mineral estate owner ,
pursuant to Subsection 2465.5103-1, Colorado Revised Statcrtes.
III. BACKGROUND
In 2001, the State of Colorado adopted Title 24, Article 65.5, Nofification of
Surface Development, Colorado Revised Statutes. The intent of this legislation
is as follows:
`The general assembly recognizes that the surface estate and.tf?e mineral
' esfate _area separate and distinct interests 'in real propertjr and that one
may be severed from the other. The general assembly further recognizes
that if the surface estate and mineral. estate are severed, the owners of
these estafes shall be entitled to the notice specffied in. Section 31-23-215 _
or 34-60-106 (14), C.R.S. It is the intent of the general assembly that this •article provide a streamlined procedure, for providing notice to owners of
mineral interests conceming independent. surface development. : Further,
it is the intent of the general assembly to include local,govemments in the
notffication process without ' creating additional liabilities - for Ioca1
govemments. "
The Town of Vail's zoning and subdivision regulations currently do not include
-provisions addressing the notification of mineral interest owners as required by
, Title 24, Article 65.5, Notification of Surface Development, Colorado Revised
Statutes. .
IV. ROLES OF REVIEWING BODIES . Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission_ and the Gommission will forward a
, recommendation to the Town CounciL The Town Council will then review the
text amendment application.
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Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for.the review of a
text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code, and forwarding of a recommendation to the Town Council. -
Design Revieriv Board: -
The Design Review Board has no review authority over a text amendment to the
Vail Town Code.
Town Council:.
Tfie Town Council is responsible for final approval, approval. with modi.fications,
or denial of ~ a text amendment application, pursuant to Section 12-3=7,
Amendment; Vail Town Code. '
The Town Council has the authority to hear and decide "appeals from any
decision, deteFmination, or interpretation by the Planning and Environmental
Commission and/or Design Review Board. The Town Council may also call up -a
decision of the Planning and Environmental Commission and/or Design Review
Board. V. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal:
TITLE 12: ZONING REGULATIONS •
Chapter 12-1; Title, Purpose and Applicability (in part)
Section 12-1-2: Purpose
. A. Genera/: These regulations are enacted for the purpose of promoting
the health, . safety, morals; and general welfare of the Town, and to
promote the coordinated and haRnonious development of, fhe Town in a ,
manner that will consenre and enhance its natural environment and its
established character as a resort and residential community of high quality.
8. Specific: These regulations are intended to achieve the following more
, specffic purposes:
, 1. To provide for adequate light, air, sanitation, drainage, and ,
public facilities. 2. To secure safety from fire, panic, flood, avalanche,
accumulation of snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffrc
. circulation and to lessen congestion in the streets:
4: To promote adequate and appropriately located off street
parking and loading facilitie"s: 5. To conserve and maintain established community qualities and
economic values. . 6. To encourage a harmonious, convenient, workable relationship
among land uses, consistenf with municipal development "
objectives.
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7. To prevent excessive population densities and overcrowding of
the land with strucfures.
. 8. To safeguard and enhance the appearance of the.town.
. 9. To conserve and profect wildlife, streams, woods, hillsides, and
other desirable natural features. ,
10. To assur.e adequate open space, recreation opportunities, and
otheramenities and facilities conducive to desired living quarters. - ,
- 11. To otherwise provide for the growth of an ordeHy and viable
• community. .
Chapter 12-3: Administration and Enforcement: (in part)
12-3-7.• AMENDMENT.•
C. Criteria and Findings:
2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting. on an application for an
amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the
following factors with respect to the requested text amendment: '
1. The ezterrt to which the text amendment furthers the general and
specific purposes of the zoning regulations; and 2. The extent to which the text amendment would better implement
and better. achieve the applicable.elements of the adopted goals, .
objectives, and policies outlined in the Vail, comprehensive plan
. and is compatible with the deyelopment objectives of the town; and
3. The extent to which the text amendment demonstrates how
conditions have, substantially changed since,_ fhe adoption of the .
, subject regulation and how the existing regulation is no longer
appropriate or is inapplicable;.and .
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations .
consistent with municipal development objectiyes; and 5. Such other factors and crfteria the commission and/or council .
deem applicable to fhe proposed tezf amendment
TITLE 13: SUBDIVISION REGULATIONS ~
13-1-2: PURPOSE:
A. Statutory Authority.• The subdivision regulations contained in this Title
have been, prepared and enacted in accordance with Colorado Revised
Statutes fitle 31, artiele 23, for the purpose of promoting the heaJth, safety
and welfare of the present and future inhabitants of_the Town.
8. Goals: To these ends, these ; regulations are, intended fo protect the
environment, to ensure efficient circulation, adequate irriprovements,
suffcient open space and ir? general, to assist the orderly, efficient and
integrated.development of the Town. These regulations a/so provide for
the proper arrangement of streets and ensure proper distribution of
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population. The regulafions a/so coordinate the need for public services
with governmental improvement programs. Standards for design and
construction of improvements are hereby set forth to ensure adequate
and convenient traffic circulation, utilities, emergency access, drainage,
recreation and light and air. Also infended, is the improvement of land •
records and surveys, plans and plats and to safeguerd the interests of the
public and subdivider and provide consumer protection for the purchaser and fo regulate other matters as the Town Planning and Environmental
Commission and Town Council may deem necessary in order to protect
the best interests of the public:
C. Specific Purposes: These regulations are further intended to serve the
following specific purposes: -
1. To inform each subdnrider of the standards and criteria by which
developmenf proposa/s wil! be eGa/uated, and to provide information
as to the iype and extent of improvements required.
2. To _provide for the subdivision of properly in the future without
conflict with development on adjacent land.
3. To protect and conserve the ' value of land throughout the
' Municipality and the value of buildings and improvements on the land.
4. To ensure that subdnrision of property is in compliance with the
, Town's zoning ordinances, to achieve . a harrr?onious, convenient,
workable relationship among land uses, consistent with Town
development objectives.
-5: To guide public and private policy and ~action in order to provide
adepuate and efficient transportation, water, sewage, schools, parks,
playgrounds, recreation, and other public requirements and facilities
and genera!!y * to provide that public facilities will have sufficient
capaciiy to serve the proposed subdivision. 6.- To proVide for accurate lega/ descriptions of newly subdivided land
and to establish reasonable and desirable construction design .
` standards a'nd procedures. -
7. .To p"reVent the 'pollution of air, streams and ponds, to assure
adequacy of drainage facilities, to safeguard the water table and to
. encourage the wise use and management of natural resources
throughout the Town in order fo preserve fhe integrity, stability and
beauty of the community and the value of the land.
13-1-7: VARIANCES AND AMENDMENTS:
8. Amendrrient Procedure: Amendments to the provisions of this Title
shall follow the procedures outlined in Section 12-3-7 of this Code.
Vi. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and
specific purposes of the Zoning Regulations;'and
The proposed regulation amendments to the Town's zoning and
subdivision regulations will fielp ensure the coordinafed development of
surFace and mineral estates within' the Town of Vail. Additionally, the
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proposed regulation amendment will bring the Town of VaiPs zoning and
: subdivision regulations into conformance with Title 24, Article 65.5,
,:Notification of Surface Development, Colorado Revised Statutes.
Therefore, Staff believes the proposedregulation amendment is
consistent with the purposes of the Town's Zoning Regulation's as
outlined in Section V above. -
2. The extent to which the text amendment would better implement and
better achieve the applicable elements of the adopted goals,
. objectives, and policies outlined in the Vail Comprehensive Plan and
is compatible with the development objectives of the Town; and 1
The . proposed regulation amendments to the Town's zoning and
subdivision regulations will- help ensure the coordinated development of
surface and mineral estates within the Town of Vail: Additionally, the
. proposed regulation amendment will bring the Town of Vail's zoning and
subdivision regulations into conformance with Title 24; Article 65.5;
Notification of Surface Development, Colorado. Revised Statutes.
Therefore, Staff believes the proposed'regulation amendment will better .
implement and better achieve the adopted goals, objectives and policies
of the Town's Zoning Regulations and Comprehensive , Master Plan as
outlined in Section V above.
3...The extent to which the text amendment demonstrates how
conditions have substantially changed since the adoption of the
, subject regulation and how the existing regulation is no. longer
appropriate,or is inapplicable; and In 2001, the State of Colorado adopted Title 24, Article 65.5, Notification
of Surface Development, Colorado Revised Statutes, The Town of VaiPs
zoning and subdivision regulations do not cuRently conforin to this sfate
statute.
The proposed regulation amendment.will bring the Town of Vail's zoning
and subdivision regulations into conformance with Title 24, Article 65.5,
Notification of SurFace Development, Colorado Revised Statutes.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations
consistentwith municipal development.objecfives. ,
In Colorado; many properties have been severed into surface estates and
' mineral estates, which may be owned separately. Recognizing that
development of a surface estate may.affect the development of a mineral
estate; the State of Colorado adopted statutes requiring that notification of
certain surFace developments be given to affected mineral estate owners.
The proposed, regulation amendments to the Town's zoning and
subdivision regulations will help ensure the coordinated development of
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surface and mineral estates within the Town of Vail. Additionally, the
proposed regulation'amendmenf will bring the Town of Vail's zoning and
subdivision regulations into conformance with Title 24; Article 65.5,
Notification of SurFace Development, Colorado Revised Statutes.
Therefore, Staff believes the.proposed text amendments will facilitate and
provide a harmonious, convenient; workable relationship among land use
regulations consistent with the Town of Vail rriaster plans and
development objectives, 'and with Title 24, Article 65.5, Notffication of
Surface Development, Colorado Revised Statutes.
5. Such other factors and criteria the Commission and/or Council
deem applicable to the proposed text amendment.
The proposed regulation amendment is necessary ''bring 'the Town of
Vail's zoning and subdivision regulations into conformance with Title 24, '
Article 65.5, Notification of SurFace Development, Colorado Revised
Statutes. VII. STAFF RECOMMENDATION
The Community Developmenf Department recommends the Planning and
Environmental Commission fonivards a recommendation of approval to the Vail
Town Council for prescribed regulations amendments , to Chapter 12-3,
Administration, and Chapter 13-1, General Provisions, to establish notification of
surface development regulations, and setting forth details in regard thereto.
Should, the Planning and Environmental Commission choose to recommend
approval of this request; Community Development Department recommends the
Commission pass the following motion: "The Planning and Environm'ental - Commission forwards a
recommendation of approval to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations
amendments to Chapter 12-3, Adminisfration, and Chapter 13-1, General
Provisions, to esta6lish notffication of surface deve%pment regulations,
. and seiting forth details in regard thereto. "
Should the Planning and Environmental Commission choose to forward, a
, recommendation of approval to fhe Vail Town Council for the proposed text
amendment, the Community Development Department recommends the
Commission makes the following findings: °Based upon the review of the criteria outlined in Section VI of Staff's
August 11, 2008, memorandum and the evidence and testimony
presented, the Rlanning and Environmental'Commission finiis: .
1. That the amendment is consistent with the applicable elements of the
adopted goa/s, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town; and ~ 7
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2. That the amendment fu?thers. the general and specific purposes of fhe
Zoning Regu/afions outlined in Secfion 12-1-2, Purpose, Vail Town Code; and '
. . 3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances
. its nafural environment and its established character as a resort and
residential community of the highest quality."
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RESOLUTION N0.13
Series of 2008
A RESOLUTION APPROVING THE FIRST AMENDMENT TO
DEVELOPMENT IMPROVEMENT AGREEMENT BETWEEN THE
TOWN AND OHP VAIL UNE LLC CONCERNING THE LIONSHEAD
PARKING STRUCTURE; APPROVING THE KPROJECT PLAN"
PURSUANT TO THE FIRST AMENDMENT TO THE DEVELOPMENT
IMPROVEMENT AGREEMENT; AND SETTING FORTH DETAII.S IN
REGARD THERETO.
WHEREAS, on October 16, 2007, the Tovcm of Vail (the "Town") and OHP Vail One
LLC (°Developer") entered into a Development Improvement Agreement concerning the
redevelopment of the Lionshead Parking Structure (the "Agreement");
WHEREAS, atnong other things, the Agreement establishes a process for the submission
of a Project Plan by Developer;
WHEREAS, Developer formally requested an extension of time undeT Section 3.08 of the
Agreement to the permitted contract date of September 15, 2008 for consideration for review of
the Project Plan;
WHEREAS, by letter dated June 5, 2008, the Town acknowledged that Developer had
exercised its right to extend the deadline for review of the Project Plan to September 15, 2048;
WHEREAS, in the same letter, the Town notified Developer that there were issues
concerning Developer's compliance with deadlines contained in Sections 3.11 and 6.01 of the
Agreement (relating to employee housing and the conference center);
WHEREAS, on Ju1y 15, 2008, the Town Council directed Town staff to return with an
amended approval process for the Project Plan submittal, including any amendments necessary
to the Agreement;
WHEREAS, in addition to establishing an amended approval process for the Project
Plan, the Town and Developer wish to resolve the outstanding issues with Sections 3.11 and 6.01
of the Agreement; and WHEREAS, Section 16.01 of the Agreement pezmits aznendment to the Agreement by
mutual consent in writing of Developer and Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT: Section 1. The Town Council hereby approves the First Amendment to Development
Improvement Agreement (the "First Amendment") in the form attached hereto as Ezhibit A and
incorporated herein by this reference. The Town Manager is hereby authorized to execute the
First Amendment on behalf of the Town.
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xesoniaan xo. 13, series 2009
Section 2. Upon execution of the First Amendment by the Town Manager and
Developer, the Project Plan presented to the Town Council by Developer on July 15, 2008, is
hereby approved, subject to all applicable teYms of the Agreement and the First Amendment.
Section 3. This resolution shall take effect inunediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 19P day of August, 2008.
Dick Cleveland, Town Mayor
Lorelei Donaldson, Town Clerk -
Resolution No. 13, Series 2008 2
RESOLUTION NO. 18
Series of 2008
A RESOLUTION APPROVING ADDENDUM NUMBER 41 TO THE ESTABLiSHMENT
CONTRACT FOR THE ROCKY MOUNTAIN RAIL AUTHORITI( IN ORDER TO EFFECTUATE
THE TOWN OF VAIL'S MEMBERSHIP THERETO .
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a hame rule municipa{ corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "ChaRer"); and
WHEREAS, the members of the Town Council of the Town (the °Council") have been
duly elected and qualified; and
WHEREAS, the Rocky Mountain Rail Authority (the "RMRA"} was established on
November 20, 2006, for political subdivisions of the State of Colorado to define, promote and
implement mass transportation services and solutions to Colorado's growing transportation
infrastructure needs, and to bring focus to the development of high-speed rail in the transportation
corridors of Colorado; and
WHEREAS, in order to effectuate the Town's membership in the RMRA the Town must
execute the attached Addendum Number 41 to the Establishment Contract for the Rocky
Mountain Rail Authority, as amended by the First Amendment to the Establishment Contract (the
°Addendum").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCII OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Addendum, attached hereto as Exhibit
A, and authorizes the Town Manager to execute the Addendum on behalf of the Town.
Section 2. This resolution sha11 take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 191 day of August, 2008.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaidson,
Town Clerk
Resolution No. 18, Series 2008
ADDENDUM # 41
TO THE ESTABLISHING CONTRACT FOR THE ROCKY MOUNTAIN RAIL
AUTHORTTY AS AMENDED BY THE FIRST AMENDMENT TO THE .
ESTABLISHING CONTRACT FOR THE ROCKY MOUNTAIN RAIL AUTHORTTY
Pursuant to Section 1.05 of the Establishing Contract for the Rocky Mountain Rail
Authority, entered into by Clear Creek County and the City of Monument, effective November
20, 2006, as amended by the First Amendment thereto (collectively referred to as the
"Agreement'), Town of Vail hereby agrees to the terms of the Agreement and appmves this
addendum in order to become a member of the Rocky Mountain Rail Authority.
Town of Vail's representative on the Rocky Mountain Rail Authority Boazd of Directors
shall be Town Manager; the alternate representative sha11 be a member of the. Town of Vail
Council.
Town of Vail's financial contribution to the Rocky Mountain Rail Authority shall not
exceed $500.00.
Upon receipt and acceptance by the Rocky Mountain Rail Authority of this addendum,
Tovcm of Vail will be a party to the Agreement.
ATTEST:
By By
Lorelei Donaldson Stan Zemler
Town Clerk Town Manager
Addendum Accepted by:
ROCKY MOUNTAIN RAIL AUTHORITY
Hazry Dale, Chairperson
Date:
xMRA/Emblishing concracc
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Establishing Contract
For .
The Rocky Mountain Rail Aathority
Whereas, those regions of the State of Colorado adjacent to and seived by
Interstate 25 and Iaterstate 70, as well as the State as a whole, contemplate increased
population growth and attendant increases in vehicular traffiic and transportation :
demands; and
Whereas, it is in the best interest of the public, and its health, safety and welfare, '
to provide a transportation altemative to existing modes of transportation in the foan of i
high-speed rail; and I
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Whereas, various political subdivisions of the State of Colorado desire to bring ~
focus to their interest in development of high-speed rail in the transportation corridors of ~
Colorada; and
Whereas, those political subdivisions desire to create an authority for the purpose i
of investigating, encouraging, developing and bringing into being high speed rail in the ~
State of Colorado; and ~
Whereas, the parties desire to establish a cooperative mechazusm among ~
themselves, other governmental entities and others interested in developing high-speed ;
rail service in the State of Colorado, and to define and implement various transportation
faci2ities, programs, services, improvements and entities to facilitate and accomplish the ~
establishment of high-speed rail in the State of Colorado; and !
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Whereas, the parties are political subdivisions of the State of Colorado whose separate powers include all powers invested into this Authority, and i'
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Whereas, it is the intent of the parties to hereby create and establish the Autharity ~
for the piuposes recited and enumerated herein.. '
Establislun,g~Cavenants
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Now, therefore, be it resolved that the parkies hereto do, by this contract ;
(hereinafter "this Contract'), create and establish the Rocky Mountain Rail Authority for ~
the putposes and with the powers and obligations set forth herein. The parties agree and
covenant that the Authority sha11 be a body corporate and politic, a political subdivision
of the State of Colorado and a separate govermnental entity of tb.e State of Colorado, ~
pursuant to Section 18 of Article XIV of the Constitution of the State of Colorado, and ,
Section 29-1-203 of the Colorado Revised Statutes. The parties hereby agree and further +
covenaut as follows.
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- Terms and Conditions
1.01 Name. The name.of the entity hereby established shail be the Roclry Mountain
Rail Authority (hereinafter "the Authority).
1.02 Pnrpose and Objectives. The purpase of the Authority sha11 be to establish a
structure and opportunity for tYie parties to this Contract (hereinafter. -"the~
Members'% both the. initial Members and those polidcal subdivisions wluch may
become Members in tlie future, to define; piomote and implemeat inass .
transportation sezvices and. solutions to Colorado's growing transportation
in&asbtioture needs, to facilitate rail service, both passenger and freight, in
Colorado. Existing rail tracks have established the current transportation
corridors, and the interstate Iughways have generally been built in those corridors, e.g., I-25, I-70 and 1-76. ..Using, ~generally, those existing rail rights of way noith
and south and east aud west, the Authority will facilitate a passenger rail service i
that will operate at an average speed that will qualify for Federal designation as a
high-speed corridor: .The objectives of the Authori"ty shall.be:
2.1 To plan and encourage rail infrastructure in or adjacent to the Authority's ~
h can ~
area of activity, Colorado, for a passenger and freight rail system tat
be designated by the Federal Railroacl Administration as a high-speed rail
corridor. . 2.2 To interface and.cooperate with other transit entities, including but not '
limited to other states; railroads, Amtrak aad others within and adjacent to
the Authority's bounda=ies to maximize the convenience, safety, speed !
, and operating cosfs of rail transportation in Colorado.: '
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2.3 To encaurage 'and support, the establishment of such state, regional and
. local govemmeatal entities and to cooperate witli such non-profit and for- ;
profit entities as are necessar y and appropriate to establisli the nece.ssary
transit infirrasstructure that will maximize the usage.of the rail system. ~
2.4 To seek funds to advance the Authority's pose- and objectives from . j
federal, state, regional, and local -governmental agencies and from the ;
private sector. !
1.03 Powers and Functions. To accomplish its purpose and,objections, the Authority ~
shall have, the following.powers and furictions to ttie fullest extent peririitted by ~
law and the. conditions and requirements set forth in this Establishing Contract;
and such inherent or implied powers `as these powers and functions may suggest:
3.1 To plan, support and facilitate transportation systems, services, progcams,
facilities, improvements, including without liinitation hmnsportalion of all
types• . ,
3.2 To acquire, hold, lease, sell and, dispose of legal and equitable interests in _
- peisonal properiy of all kinds necessary or useful for tlie putposes of the
Authority. f
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3.3 To seek, acquire, sell, lease, dispose of aad exchange all types of personal
property, licenses, certificates and permits.
3.4 To conduct such business and affairs for the benefit of its Members, their
constituents and the public as may be appropriate, all in the discretion of
the Authority's Board of Diractors.
3.5 To enter into, malce and perform contracts of every kind with the public
and private entities of every type and ldnd in furtherance of the putpose of
this Contract.
3.6 To employ employees, contractors and consultants and to appoint agents.
3.7 To act and operate as an "enterprise" within the meaning of the Colorado
Constitution, Article X, Section 20, aad to contract for and supply for
payment seivices desired by Members which services ue in furtherance of
and related to the Authority's purposes.
3.8 To buy, lease, constzuct, appropriate, contract for, invest in and othervvise
acquire, owa, maintain, operate, maziage, improve, develop, deal in, sell,
lease, exchange, transfer, convey and dispose ot and to hypothecate and
encumber personal property (tangible and intangible).
3.9 To sue and be sued.
3.10 To have and use a corporate seal.
3.11 To solicit, acquire, collect, receive and use gifts, grants, donations and
pledges of any type, whether from public or private sources.
3.12 To have and exercise a11 rights and powers' necessary or incidental or
implied from these powers.
3.13 To budget and appropriate funds.
1.04 No Power of Tazation. The Authority sha11 have no power of taxation of any
type or kind. ~
1.05 Members. Members of the Authority shall initially be Clear Creek County and
the City of Monument, upon their respective execution of this Contract.
Additional Members may join the Authority by execution of addenda to this
Contxact. Only political subdivisions of the State of Colorado and the State of
Colorado, through its agencies, may become Members of the Authority. Nothing
herein shall be deemed a waiver or sutrender by the Members of any of their legal
powers or responsibilities.
1.06 Board of Directors. All powers and functions of the Authority sha11 be vested in
a Board of Directors consisting of one director designated by each Member of the
Authority, all with one equat vote. Each Member may designate one alternate,
similazly qualified, to serve in the absence of each Director. Directors and ~
alternates appointed by members with boards, couacils or commissions shall be elected or appointed members of those boards, covncils or commissions.
Vacaacies on the Board of Directors shall be filled by the Member whose R
representative has created the vacancy. Dirwtors shall not be compensated for !
their services. The Board shall operate as follows: ~
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6.1 Regulaz. meetings shall be held as deternained by the Board of Directors.
Special meetings shaU be held as designated by the Chairman or aay three
Directors. Meetings shall be held in conformance with Colorado's open
meetings law, section 246-402, C.R.S.
6.2 A majority of Directors designated by the Members shaJ.l constitute a
quonun and a majority of a quorum present (meaning pazticipating in a
meeting for puiposes of section 24-6-442, C.RS.) shall constitute an
action of the Boazd of Directors.
63 The Board's powers, as exercised by a majority of a quonun of Directors
in office, shaU include:
(a) Goveming the business and affairs of the Authority aad
establishing its policies.
(b) Election of officeis, including a chairperson, vice-chairperson,
secretary and treasurer.
(c) Acting in compliance with all applicable state and federal law to
operate the Authority.
(d) Maintaining a record of proceedings of the Board.
(e) Establishing Boazd bylaws.
(t) Authorizing employment of employees, consultants, contractors
and others.
(g) Having prepared and submitting an annual audit, as required by
State law.
(h) Delegating and assigning fimctions to the Board's officers,
employees, conttactors and consultants, as not prohibited by la.w.
(i) Exercising all powers which are now or hereafter conferred by law
or are essential or necessary to the provision of the Authority's
services and accomplishment of its purposes, subject only to the
li.mitations of this Contract and the law.
9.1 Any Member may, from time to time, designate, in writing, an Alternate
Director, who shall possess the same qualifications as a Director and who
shall, in the abseace of such Director, be entitled to attend regular or
special mcetings of the Board and exercise the same powers as such
Director.
9.2 The Board shall have an executive committee, whose members shaU be all
the officers of the Authority, plus no more tha.n three Directors elected by
the Boazd. The executive committee shail be empowered ta exercise alI
powers given the Board hereunder, and by law, subject only to prior
decisions and instzuctions of the Board. The Board shaU delegate all
powers of performance and execution to the execntive committee. The
Board may delegate the performauce and execution of any and all powers
and functions to such committees as the Board may deem proper, the
membership of which committees shaU also be determined by the Board.
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1.10 Term, Withdrawal and Dissolation. This Contract shall commence on the date
of its execution by any two Members, whether they be initial or additional
members, as provided in Section 5.0 hereof. Any Member of the Authority may
withdraw at any time. The Authority shall have perpetual existence, subject to
dissolution at such time as it has fewer than two Members.
1.11 Amendments. This Contractt contains all the teims agreed upon by the Members.
Any amendment hereof must be in writing and executed by all Members.
1.12 Reliance. The Members aclrnowledge and agree that each is relying on the
perfornnance of the other(s) under this Contract, and that all actions or changes of
positions undertaken pursuant thereto are made in such reliance.
1.13 Non-Impairment Nothing in this Contract shall be deemed to restrict, modify or
otherwise impair the powers of any Member in any manner.
1.14 Severabfflty. If any provision of this Contract or the application thereof to any
persoq entity or circumstances, is held invalid, such invalidity shall not affect i
other provisions or applications of this Contract, which can be given effect
without the invalid provision or application, and to this end the provisions of this ~
Contact, and each and every provision thereof, are declared to be severable.
1.15 Appflcable Laws. This Contract shall be governed by and wnstrued in
accordance with the laws of the state of Colorado. 1.16 Assignabfflty. No Member may assign or transfer any of its rights or obligations
hereunder without the prior written consent of the Member(s) that is a ~
nonassigning party(ies) to this Contract.
1.17 Binding Effect. The provisions of this Contract shall bind and shall inure to the
benefit of the Member(s) and to their respective successors and permitted assigns, ~
if anY- i
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1.18 Enforcement The Member(s) agrce and aclrnowledge that this Contract may be
enforced in law or in equity, by decrce of specific performance, and, in the eve,nt '
of a judgment that a breaching Member acted arbitrarily and capriciously, or in ~
bad faith, including an award of appmpriate damages, or such other legal and ~
equitable relief as may be available subject to the provisions of the la.ws of the ;
State of Colorado. ~
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Iffectiye November 20, 2006, and executed this Y'f-day of
2006, at a regularly scheduled meeTng of the. Clear Creek Board of County Comaiissioneis. CLEAR CREEK COUNTY ' By and through its . .
Board of County Commissioners ATTEST:
By' _ -r .
K 'Mall Chainnan. Deputy Clerk and Recorder
.AS T .
Robert W. Loeffier, Co Attomey Effective November 20, 2006, and executed tlus day of . ~
IV? dG'~!~'~ , 2006, at a regularly scheduled meefing of the.Monument City
Council. . i
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THE .TOWN OF MONUMENT ATTEST: i
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By: Byron J. Glenn . By: Scott Meszaros . , I
Title: Mayor Title: Town Clerk MF/V~. I
~GpQ~P0~'~Ar~
Date: ~•4~ " Date: s S
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FSrst Amendment to the Establishing Contract '
For ,
The Rocky Mountain Ra1 AuthorYty
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VVhereas, Clear Creek County and the Town of Monunent entered into aa ~
intergovemmeatal Agreement ("the Agree,ment') effective November 20, 2006, which
created the Rocky Mountain Rail Authority; and I i
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Whereas, pursuant to Section 1.05 of tlyst agreement, the Town of Castle Rock
and the Roaring Fork Transportation Authority sigaed addenda, thereby joining the ~
Rocky Mountain Rail Authority as members; aud ~
Whereas, the members of the Roc,ky Mountain Rail Authority wish to mnend their ~
original agreement; and '
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Whereas, the inteation of the members is that the original intergovanmentat }
agrecnent sigaed by the members remain in effect acc.ept with regard to the following .
chaages:
Amendments ~
A. Section 1.05 of the Agraem.ent shall be amended to state as foIIows:
1.05 Members. Membexs of the Authority shsll initially be Clear Creek Coimty ~
and Town of Monumeat, upon their respective execution of this Contract. 5.1 Only political subdivisions of the State of Colorado and the State of ;
Colorado, through its agencies, may become Members of the Authority. ~
Additional Members may jom the Autharity by execution of addenda to
this Contract The addenda maY SPeafY any financial contn'bution to be ~
made by the membea jurisdictions. !
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5.2 A11 finaacial contributions promised by member jurisdictions are subject
to each jurisdiction's affiual appropriation and any applicable TABOR ~
spending restriotions.
53 Individual member jiuisdictions aze not liable for the financial obligations !
of the Authority. i
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B. Section 1.18 of the Agreemew regarding enforcement is hereby repealed and is ;
rcplaced by the following Section 1:18. ~
1.18 Connterpart Egecntlon. A copy of this document may be executed ~
by each party, separately, each copy of which shall be deemed an original, aad when each =
party has executed a capy thereo4 such capies taken together shall be deemed to be one i
and the same iastrument and a full and complete Contract between the parlie.s. !
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. Effecti.ve November 20, 2006 and execated this ~day of 2007, at a !
regularly schedulad meeting of the Clear Creek Bosrd of County Co Asmidonem
CLEAR CREEK COUNTY By and thnough its I
Board of County Commissioners ATTEST:
By: ~
Joa.v~. ~ ~uty cIerk and Recorder . . ~
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APPROVED AS TO FO .
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Robeet W. Loeffier, Co Aitorney : i
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Effective November 20, 2006, and executed this o OP'~_ dayof ~
2007, at a regularIy scheduled meeting of the Mouumerit City Council.
THE TOWN OF MONUMENT ATTEST:
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By: Byron 3. Glenn : ScttMes . .
Title: Mayor Title: Town Clerk . '
Date: 4• 26 • 02 Daxe: •a~ ~
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First Ameadment to the Establishitmg Contract ~
. For I
The Rocky Mountain Rail Authority j
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. Whereas, Clesr Creek County and the Towri of Monumeat antered into an iaborgovarnmentai Agreement .
("tha Agnaement') effective Novembar 20, 2006, which created tha Rocky Mountam Rail Authority; and
Whea+eas, pursuant to Section 1.05 of that agraemeat, the Town of Castla Rock and the RAaring Fork
Transportation Authoriy Signed addenda, thareb3!JoininB the RockY Monntain Rail Authoriry as members; and
Whet+eas, de members of the Rocky Mountain Rail Audwrity wish to amend thea original agreeement; and
WherEas, the iatention of the members is dat the original int~governmental agreesnent signed by the
members remain in effed except with regard to the following changes: ,
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Amendments +
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A. Seotion 1.05 of the Agreemant shall be amended to stft as follows:
1.05 Menbers. Membars of the Audiority shall initially be Clear Cteelc County aad Town of Monument,
upon their respactive execuion of this Conhmct.
5.1 Only politicW subdivisions of the Smte of Colorado and the Steta of CoIorado, ttirough its agemciea, ~
_ may becoma Mambers of the Authority. Additional Members may join the Authoriiy by euecutioa ~
of addenda to this Contract. The addenda may specify any fmancial connlutian to be made by the
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member jarisdictions. +
52 All financial coatributions promised by member jurisdictions ere subject to each jwisdiction's 1
annnal appropriation and any spplicable TABOR spend'mg rastriarons. I L
5.2 Individual member jurisdicdons ar8 not liable far tfie 5aancial obligations of the Authority. ~
B. Section 1.18 of the Agc+eament regarding enforcement is hereby repe[ed and is replacad by the foIIowiag
3ection 1.18.
• 1.18 Countecpart Fxecution. A copy of this document may be executad by each party, sepm-aboly, each
copy of which shall be deemed an origina], aad whea each party has executed a copy themf, such copies takea
together shaIl ba deemad to be ame aad the same insrtrument and a full and camplete Contract betwean the parties. ~
Efrective November '20, 2006, and executed this _/;gi4-L day of 2007, at a regularly '
scheduled meeting of the Roaring Fork Transportation Authority Board of Directois.
ROARING FORK TRASPORATION AUTFiORTIY
By:
~ Dorothea Farris, Chamr Date I
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Effective November 20, 2006, and executed this ~ da.y of ~L
2007.
For the T4WN OF CASTI.E ROCK:
Ma=k StewMs, own Manages e
ATTEST:
sall- Misare, Clerk Date
. Approved as ta fom1:
. D
BYLAWS
OF THE
BOARD OF DIRECTORS
OF THE
ROCKY MOUNTAIN RAIL AUTHORITY
ARTICLE I.
Sauremacv of Establishing Contract
In the event of any conflict between the Bylaws of the Board of Directors of the Rocky
Mouatain Rail Authority (the "Bylaws") and the Establishing Contract for the Rocky Mountain
Rail Authority, effective November 20, 2006 and as it may be thereafter amended (the
"Establishing Contract"), the Establishing Contract shall control.
ARTICLE H.
Offices
Principal Offices. The principal offices of the Rocky Mountain Rail Authority (the
"Authority"} shall be designated by the Board of Directors from time to time.
ARTICLE III.
Members
Membershin. Membership in the Authority shall be available to all entities which quaiify
and seek membership pursuant to the Establishing Contract (the "Members").
ARTICLE N. '
Board of Directors
A. Board of Directors. All of the power of the Authority shall be vested in a Boazd
of Directors (the "Board"). The Board shall maziage the business aad affairs of the Authority.
The Boazd shall consist of directors (the "Directors') appointed by each Member. Each Member
sha11 appoint one Director. Directors appointed by Members shall each have one vote on the
. Authority's Board. Each Director shall be identified in writing by his/her appointing entity. ,
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B. , Qualifications. Each Director and each Altemate Director sha11 be,. at the time of:
appointment and throughout lus/her tenure on the Board, an elected or appointed official of the .
goveming body of the appointing IVlember, or shall be appointed by that governing body. .
C. Alternate Directors. Each Member may, from time to time, designate in writuig
an Altemate Director, who riiay, act as ifs Director.. in the absence or unavailability of ttie person ,
selected as. a Director (the "Altemate Director"). When acting for an absent or unavailable
Director, the Alteraate Director shall be deemed to be a Director, subject to the following: '
1. If both a Director and an Altemate Director of the same Member, are
• present at a meeting of the Board, the executive committee or any Board
committee; the Directoi, shall have the sole power to vote:
2: Only a Director may serve as an, Officer of the Board. An alternate
Director may aeither serve as an Officer nor act in the capacity of an
abserit Director as an Office=. An altemate Director may serve in the place
of an absent Director of the same 1Vlember at meetings of ihe executive
committee or any other Boarcl committee.
3. An Alternate. Director may not succeed to the position of Director or as
any Board Officer based solely on his/her status as an Alternate Director,
but may so, succeed by appointment by hislher Member, or by action of the
Board, as appropriate.
D. Performance of- Duties. By acceptance of his/her office as'. a Director, each
-Director shall be deemed to tiave accepted, subject to the interests of his/her. Member, the
obligation to perfrirm his/her duties in good faith and in a manner he/she 'believes to be in the
besf interests of the Authority.
E. . TenureJRemovaUVacancv. Each Director and Alternate Director sha11 serve at
- the pleasure of, and may be removed or replaced at any time by, hislher appointing Member.
Any Director or. Alternate Director may resign at any time by , giving written notice to the
Chairperson of the Board. 3uch resignation. shall take effect at the turie specified therein; and '
uuless specified therein, the acceptance of such resignation. shall not be necessary to make it
etfective. A vacancy occwrring ott the Board, whetlier by resignation, removal, death or
incapacitatiori, shall be fiIled by the appointinent of a successor Director or Alternate Director by
his%her Nlember.
- F. Reimbursement. The Board may provide for reimbursement of the Directors for
reasonable and necessary expenses incurred on behalf of, and authorized by, the Aaitharity.
. i
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aRTTCLE v.
Meetinss of the Board
A. Place of Meetinias. The regular or special meetings of the Board or any
committee designated by the Board shall be held at any place, within or without the boundaries
of the State of Colorado, that a majority of the Board or any such committee, as the case may be,
designates from time to dme.
B. Regular Meetingg. The Board, in January and on an annual basis, shall set the
time, date and place of its regular meetings.
C. Special Meetin¢s. Special meetings may be held at any time upon forty-eight (48)
hours written notice electronically mailed to the home or place of employmem at the electronic
address designated by each D'uector, unless a Director waives such notice in writing. The
written notice required by tlus paragraph shatl include, a proposed agenda stating the intended
meeting topic(s) and action items, if any, to be addressed at the special meeting. The Chaizperson
or Vice-Cha.irperson may, and on the written request of ten (10) Directors shall, call a special
meeting of the Board.
D. Notice of Meetings.
1. Resular Meetings. Notice of the time, date aad place shall be provided to
Directors and the public. A public place for posting notice of all regular
meeting shall be designated annually at the Authority's first regular
meeting of each calendar year, or as soon thereafter as practical.
2. Snecial Meetings. Notice of the time and place of any special meeting
shall be given as follows:
a. Directors: Written notice of all special meetings, as defined in
para.graph C of this Article V, shall be electronically mailed to the
home or place of employment of each Director, as he/she sha11
designate, not less thau forty eight (48) hours prior to the time
fixed for the meeting. A Director may, in writing, waive notice of
any special meeting; and that waiver shall be deemed the
equivalent of notice. Attendance of a Director at a meeting sha11
constitute waiver of notice of that meeting unIess he/she attends for
the express purpose of objecting to the transaction of business
because the meeting has not been lawfully catled or convened
b. Public: Written notice shall be posted on the Authority's web site
at least twenty-four (24) hours prior to the holding of a special
meeting. A public place for posting a paper version of a special
meeting notice shall be designated annually at the Authority's first
regular meeting of each calendar year.
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' E. orum. A quorum shatl be a majority of the number of voting Directors in
office immediately before the meeting begins: A quonun shall be required for the'transaction of
the business of the Boaid, except that if fewer Directors than a majority. of the number of seats
on the Boazd of Duectors: are present. at a meeting, a- majority of the -voting Directors present,, or
any officer of the Boazd, may adjourn -the meeting to a different time and/or place. Iri such case,
the Secretary shall notify absenf Direct'ors of the time and. place of the adjourned meeting in accordance with the notice requirements of Article V, Section D of these Bylaws. If a quoram is. present, action by a majority of the voting Directors present shall be tlie action of the Board,
unless 'the act of a.greater number is. required by the Establishing Conhact. Directors shall be
deemed present whether in physical attendance or participating via telecommunications.
F. VOt1T1E. Each Director appointed by a Member shall be entitled to one vote. Tlie Boazd may act,by resolution or motion. Voting shall be either by voice or mll call vote, except
in the case of election of Officers; which elections shall tie conducted as pTOVided in Article VII.
A mll call vote. sha11 be conducted. upon the' request of a Director or af the discretion of the presiding officei.
G. Conduct of Meetings. Unless rules of order are adopted by the Boazd, protocols
for conducting meetings of the, Boazd and of committees shall be determined; initially, by the
Chairperson, subject to final decision by the Board:
H. Executive Committee. The Boazd shall, by a motion or resolution adopted by the
Board, designatelhree_(3) of its Directors, who, along with all of the Officers of the Boazd, sha11
cbnstitute an execative`committee;<which sha11 ha.ve and.may exercise such authority as may be
set forth in that, or any subsequent; motion or resolution. Iri selecting the three- (3) Directors to
join the Officers.on the executive comriiittee, the Boazd sliall make appointments such tbat the.
executive committee shall reflect the geographical d,istribution of the Members of the Authority.
If any such delega.tion of authority of tlie Board is made as provided herein, a11 references to,the
Boazd contained in these Bylaws or the Establishing Gonwact shall be deemed.to also refer to the
,executive committee. The Authority'S Chairperson shall serve as the chairperson of the -
. executive committee. -
1. Other Committees. The Board may, by a motion or resolution adopted by a
ma.jority of the Board, designat.e-not less than two (2) Directors to constitute other committees (such as, without limitation, audit, nominating and steeririg committees), each of which shall have and may exercise such authority as may be §et forth in said motion or resolution. If any
such delegation of authority of the Board is made as provided herein; a11 references to the Boazd
contained in these Bylaws or the Establishing Contracf shall, be deemed to also refer to such
committee. 4
ARTICLE VI. Ooen Meetings and Open Records
A. Onen Meetings. The Authority will observe aad camply with the Colorado Open
Meetings Law, 24-6-401, et seq., C.RS., as it may be amended from time to time.
B. Open Records. The Authority will observe and comply with the Colorado Open
Records Law, 24-72-201, et seq., C.RS., as it may be amended from time to time.
ARTICLE VII.
Officers of the Board
A. General. The Chairperson, Vice-Chairperson, Treasurer and Secretary sha1l be
known as the officers of the Board (the "Officers'~.
B. EIection of Officers. The Officers shall be nominated and elected annually by the
Board at the first meeting of the Boazd held on or after January 15. If the nomination and
election of Oflicers shall not be held at those meetings, the nomination and election shaU take
place as soon thereafter as they may be conveniently held. The Board shaU elect a Chairperson,
Vice-Chairperson, Secretary and Treasurer, each of whom must also be a Director. Each Officer
shall serve at tlie pleasure of the Boazd. The sazne person may hold two offices.
Officers shall be elected by nomination and balloting as follows: For each office, and in
the order listed in VII.B. hereof, the Cha,irperson shaU solicit and receive nominations for each
office. Nomination for each office shall be closed by the Chairperson when no fiuther
nominations aze advanced or when the Boazd votes, upon motion and second, to close them. T6e
Board will designate a person or persons present, not entitied to vote, to conduct the elections
from among each office's nominees. Each Director (including an Altemate Director for a
Member whose Director is absent) shall be given a paper ballat by the person(s) so designated,
whq after the Directors have voted, shall collect and count the ballots. The persan(s) so
designated shatl also make arrangements with any Director or Alternate Director entitled to vote
sud attending the meeting by telecommunication device, to canfidentially receive that Director's
or Alternate Director's vote, which vote sha11 also be counted The person(s) so designated shaU
announce the vote for each office after it has been conducted. The person(s) so designated shaU
be instructed by the Board to disclose the ballots and the votes via telecommunication to no one
except to a court of competent jurisdiction. A Director not elected to a prior office may be
nominated again in the process for a subsequent office.
C. General Duties. All Officers and agents of the Authority, as between themselves
and the Authority, shaU have such authority and shall perform such duties in the management of
the Authority as may be provided in these Bylaws or as may be detemuned by resolution or
action of the Board not inconsistent with these Bylaws.
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D. , Terni/Removal of Officers. An Officer shall hold office until he/she is no longer
qualified to serve or his/her successor is chosen, unless he/she is sooner removed from office by
hisJher appointing Member, his/her death occurs or he/she resigns. Any Officer me.y be removed
from office by the Board, with or without cause, upon a majority vote of the Board.
E. Specific Duties of Officers. In addition ta duties designated by the Boazd, the
duties of the offcers shall include the "following:
, 1. Chairperson. The Chairperson shall preside at all'meetings of the Board
aad, except as' otherwise delegated by''the Board, shall execute all legal
instruments of the Authority.
2. Vice-Chairgerson. The Vice-Chairperson shall, in the absence of the
Chairperson, or in the' evea of the Chairperson's inability or refusal to act,
perfarm the duties of the Ghairperson and when so -acting, shall have all the
powers of and be subject to a11 the restrictions upon the Chairperson. The Vice-
Chairperson sha11 also perform - such othei duties as may be prescribed by the.
Board from time to time.
' 3. Treasurer. The Treasurer sha11 serve as financial officer, • of the Authority
and except as the Board may otherwise decide by, resolution,• sha11 be responsible
for the receipt, custody, investmerit and disbuisement of the Authority's funds and
securities and for the perforniaace of such other duties as are incident to the office
. of. Treasurer. 'I'lie Treasurer shall have the duty to prepare and recommend an
annual budget and annual performance report to. the Board. The fozm of the
budget shall be in sixtistantial compliance'with the requirements of the Colorado
Local Govemment Budget Law. 'I'he Treasurer shall also perform such other
duties as theBoard may piescribe from time to time and report to the Boazd upon
request. .
4. Secre . The Secretaiy sha11 _mairnain the official records and ~ files of
the Board and the Authority; including the minutes of the meetings of the Board,
. and a iegister of the names and addresses of the Members, Directors and.
committee members and sha11 issue notice - of ineetings, attest and affix the
corporate seal to all documents of the Authority. The Secretary shall also perforin
such other duties as the Board may prescribe from time to time.
E. Bonds. The Treasurer arid any other Officer, employee or agent of the Authority
charged witfi responsibility for the custody of any of its funds or property sha11 each give. afidelity liond in the sum of $5,000 and with such surety as the Board, in its discretion shall
deternune. The Boazd in its discretion may also require any other Officer, agent or employee of
the Authority to give a fidelity bond in such amount and with such surety as it shall determine.
The cost of such fidelity bonds shall be an expense payable by the Autfiority. -6
F. Delegation of Duties. Whenever an Officer is absent for any reason, the Board
may delegate the powers and duties of an Officer to any other Officer(s) or to any Director(s),
appointed by any of the Members.
G. Vacancies. When a vacancy of an Officer occurs in one of the Board offices by
reason of death, resignation, removal as a Director or otherwise, it shall be filled by a resolution
of the Boazd.
H. No Contract Ri~ht. Election or apgointment of an Officer or Director shall not of
itself create contract rights in the office.
ARTICLE VIIL
Pavments and Procnrement
The Board may adopt purchasing and procurement resolutions from time to time,
outlining procedures for the purchasing and procuring of necessary goods and services.
ARTICLE IX.
Seal and Fiscal Year
A. Seal. The Authority shall adopt a seal. The seal shall include therein the name of
the State of Colorado and the name of the Authority.
B. Fiscal Year. The fiscal year of the Authority shall be based on the calendar yeaz.
The fiscal year may be changed from time to time by the Board in its discretion.
ARTICLE X.
Amendments
A. General. The Board may amend, supplement or repeal these Bylaws or adopt new
bylaws and all such changes shall affect and be binding upon the Board and Directors. Any
amendment, supplement or repeal of these Bylaws or adoption of new bylaws shall require
consideration at two meetings of the Board.
B. Notice. Specific notice of each meeting at which consideration of proposed
aznendment to, supplementation of or repeal of these Bylaws or adoption of new bylaws shall be
given in the same manner as notice of special meetings is to be given pursuant to Article V,
Section D. 2 hereof.
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C. Vote Necessarv:= Any" adoption of new bylaws, oi_.amendment, supplement or
repeal of these Bylaws shall require:approval tiy a majority of the Board in office at the second .
. meeting at which the amendment, supplement; repeal or adoption is considered. ARTICLE XV. . : - .
- Miscellaneous
A. Invalid Provision. The invalidity or non-enforceability of any particular provision ,
of these Bylaws sliall not affect the other provisions herein, arid these Bylaws shall be construed _
in all respects as_if such invalid or unenforcealile provision were omitted. ,
B: Goveming Law. These Bylaws shall be govemed. by and construed in accordance
with the constitution and laws of the State of Colorado and the Estabiishiag Contract 'for the
A~.•thority, as amended from time to time.
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I, Harry Dale; Chairperson of the Board of Diiectors, liereby certify thai the foregoing Bylaws .were adopted by the Boazd of Diiectors of the Rocky Mountain Rail Authority by a vote
of 2°l to _ a , on this 25~% day of 2008. -
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Harry bale; C' erson of the Board .
ATTESTED:
M:MARnSylaws . .
rxo1z2s
o9s6.ooos -
Establishing Contract
, For
The Rocky Monntain Rail Aut6ority
Recitals
Whereas, those regions of the State of Colorado ad}acent to and served by
Interstate 25 and Tnterstate 70, as well as the State as a whole, contemplate increased
population growth and attendant incrcases in vehicular traffic and transportation
demands; and
Whereas, it is in the best interest of the public, and its health, safety and welfare, '
to provide a mansportation altemative to existing modes of transportation in the form of '
high-speW rail; and ~
j
Whereas, various political subdivisions of the State of Colorado desire to bring I
focus to their interest in development of high-speed rail in the transportation corridors of ~
Calorado; and
Whereas, those political subdivisions desire to ereate an authority for the purpose ~
of investigating, encouragin$, developing and bringing into being lugh-speed rail in the '
State of Colorado; and ~
Whereas, the parties desire to establish a cooperative mechanism among ~
themselves, other governmental entities and others interested in developing high-speed ;
rail service in the State of Colorado, and to define and implement various transportation
facilities, programs, services, improvements and entities to facilita.te and accomplish the ~
establishment of high-speed rail in the State of Colorado; and ~
i
Whereas, the parties are political subdivisions of the State of Colorado whose ti
separate powers include a11 powers invested into this Authority, and i
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Whereas, it is the intent of the parties to hereby create and establish the Authority ~
for the purposes recited and snumerated herein. ~
Establishing Coven.ants
I
Now, therefore, be it resolved that the parties hereto do, by this contract ;
(hereinafter "this Contract'), create and establish the Rocky Mountain Rail Authority for i
the purposes and with the powers and obligations set forth herein. The parbies agree and (
covenant that the Authority shall be a body corporate and polidc, a political subdivision I
of the State of Colorado and a separate govemmental entity of the State of Colorado, '
pursuant to Section 18 of Article XIV of the Constitution of the State of Colorado, and ~
Section 29-1-203 of the Colorado Revised Statutes. The parties hereby agree and further '
covenant as follows. `
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Terms and Conditions
1.01 Name. The nazne of the entity hereby established shall be the Rocky Mountain
Rail Authority (hereinafter "the Authority').
1.02 Pnrpose and Objectives. The putpose of the Authority shall be to establish a
structure and opporiunity for the parties to this Contract (hevinafter "the
Members'), both the initial Members and those political subdivisions which may
become Members in the future, to define, pmmote and implemeut mass
transportation services and solutians to Colorado's growing transportation
infrastivcture needs, to facilitate rail service, both passenger and freight in
Colorado. Existing rail tracks have established the current transportation
corridors, and the interstate highways ha.ve generally been built in those corridors,
e.g., I 25, I-70 and I-76. Using, generally, those existing rail rights of way north '
and south and east and west, the Authority will facilitate a passenger rail service i
that will operate at an average speed that will qualify for Federal designation as a
high-speed corridor. The objectives of the Authority sha11 be:
2.1 To plan and encourage rail infiastructUre in or adjacent to the Authority's !
area of activity, Colorado, for a passenger and freight rail system that can j
be designated by the Federal Railroad Administration as a high-speetl rail '
corridor.
2.2 To interface and cooperate with other transit entities, including but not !
limited to other states, railroads, Amtrak and others within and adjacent to
the Authority's boundaries to maximize the convenience, safety, speed i
and operating costs of rail transportation in Colora,do. ~
2.3 To encourage and support the establishment of such state, regional and ~
local goveinmental entities and to cooperate with such non-profit and for- . ;
profit entities as are necessary and appropriate to establish the necessary ~
transit infiastivcture that will maximize the usage of the rail system. i
2.4 To seek funds to advance the Authority's puupose and objectives from ~
federal, state, regional, and local governmental agencies and from the ~
private sector. !
1.03 Powers and Fnnctions. To accomplish its purpose and objections, the Authority ~
shall have the following powers and functions to the fullest extent pennitted by
law and the conditions and requirements set farth in this Establishing Conlract,
and such inhereut or implied powers as these powers and functions may suggest: ;
3.1 To plan, support and facilitate transportation systems, services, programs,
facilities, improvements, including without limitation transportation of all
types.
3.2 To acquire, hold, lease, sell and dispose of legal and equitable interests in
personal praperty of a11 kinds necessary or useful for the purposes of the
Authority.
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33 To seek, acquire, sell, lease, dispose of and exchange all types of personal
property, licenses, certificates and permits.
3.4 To conduct such business aad a,ffairs for the benefit of its Members, their
constituents and the public as may be appropriate, all in the discretion of
the Authority's Board of Directors.
3.5 To enter into, make and perform contracts of every kind with the public
and private entities of every type and ldnd in furtherauce of the purpose of
tbis Contract.
3.6 To employ employees, confractors and consultants and to appoint agents.
3.7 To act and operate as an "enterprise" within the meaning of the Colorado
Constitution, Article X, Section 20, and to contract for and supply for
payment servic,es desired by Members which services are in fiutherance of
and related to the Authority's purposes.
3.8 To buy, lease, construct, appropriate, contract for, invest in and otherwise
acquire, own, maintain, operate, manage, improve, develop, deal in, sell,
lease, exchange, transfer, convey and dispose ot and to hypothecate aad
encumber personal properiy (tangible and intangible).
3.9 To sue and be sued.
3.10 To have and use a corporate seal.
3.11 To solicit, acquire, collect, receive and use gifts, grants, donations and
pledges of any type, whether from public or private sources.
3.12 To have and exercise all rights and powers necessary or incidental or
implied from these powers.
3.13 To budget and appmpriate funds.
1.04 No Power of Taxation. The Authority shall have no power of taxation of any
type or kind.
1.05 Members. Members of the Authority shall initially be Clear Creek County and
the City of Monument, upon their respective execution of this Contract.
Additional Members may join the Authority by execution of addenda to this
Contract Only political subdivisions of the State of Colorado and the State of
Colorado, through its agencies, may become Members of the Authority. Nothing
herein shall be deemed a waiver or suirender by the Members of any of their legal
powers or responsibilities.
1.06 Board of Directors. All poweis and functions of the Authority shall be vested in
a Board of Directors consisting of one director designated by each Member of the
Authority, a11 with one equal vote. Each Member may designate one alternate,
similarly qualified, to serve in the absence of each Director. Directors and
aiternates appointed by members with boards, councils or commissions shall be ~
elected or appointed members of those boards, councils or commissions.
Vacancies on the Board of Directors shall be filled by the Member whose '
representative has created the vacancy. Directors shall not be compensated for ~
their services. The Board shall operate as follows: I
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6.1 Regulaz meetings shall be held as deternuned by~ the Board of Directors.
Special meetings shall be held as desigaated.by the Chainnan or any three '
Directors: Meetings shall be held in_ conformance with Colorado's open .
meetings law, section 246-402, C.R.S.:
6.2 A majority of Directors designated by the Meznbers shall constitute a
quonun and a majority of a quonun present (meaning participating in a
mceting for purposes of section 246-402, C:RS.) . shall constitute an
action of the Board of Directors. 6.3 The. Board's powers, as exercised by a majority of a quonun of Directors in office, shall include: -
(a) . Goveming the - business and affairs of the Authority and establishing its policies.
(b) Election of officers, including a chairperson, vice-chairperson,
secretary and tceasurer. '
(c) Acting in coinpliance with all applicable state and federal law to
operate the Authority:
(d) Maintaining a record of proceedings of the Board.
(e) Establishing Boazd bylaws.
(f) Autfioriiing employment of employeer; consultants, contractors
and otfiers.
(g) Having PrePared and'submitting an anuual audit,. as required by
State law.
(h) Delegating and assigning functions to the ` Board's officers,
employeea, contractors and consultants, as not prohibited by law.
(i) Exercising all powers which aze now or hereafter conferred by law
or are essential or . necessary to the provision of the Autlwrity's
services and accomplishment of its purgoses, subject only to the
limitations of tlus Confract and the law. ,
,
9.1 Any Member may, from time to time, designate,, in writing, an Alternate Director, who sha11 possess.the same.qualifications as a Director and who
shall, in the absence of such : Director, be entitled _to attend regulaz or
special meetings of the Board and exercise the same powers as such "
Dii^ector.
9.2 The Board sha11 have an executive committee, whose members shall be a11 ;
. the officers of the Authority, plus no more than three Diiectors elected. by
~ . the Board. The ezecutive committee. shall be empowered to exercise all
. powers given the Board liereunder, and by law, subject only to prior . decisions and instructions of the Board.. , The. Board shalldelegate all
powers of performance and : execution to the executive committee. Tlie Board may delegate the performsnce and execution of any, and all powers
and functions to such committees as the Board may deem proper, the ,
" membership of wluch coaunittees 'shall also be determined by the Board.
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1.10 Term, Withdrawsl and Dissolution. This Contra.ct svall commence on the date
of its execution by any two Members, whether they be initial or add.itional
members, as provided in Section 5.0 hereof. Any Member of the Authority may
withdraw at any time. The Authority shall have perpetual existence, subject to
dissolution at such time as it has fewer than two Members.
1.11 Amendments. This Contract cantains all the terms agreed upon by the Members.
Any amendment hereof must be in writing and eacecuted by all Members.
1.12 Reliance. The Members aclrnowledge and agree that each is relying on the
performaace of the othez(s) under this Contract, and that all actions or changes of
positions undertaken pursuant thereto are made in such reliance.
1.13 Non-Impairment. Nothing in this Contract shall be deemed to restrict, modify or
otherwise impair the powers of any Member in any manner.
1.14 Severability. If any provision of this Contract or the application thereof to any
persoq entity or circumstances, is held invalid, such invalidity shall not affect !
other provisions or applications of this Contract, which can be given effect
without the invalid provision or application, and to tlus end the provisions of this i
Contact, and each and every provision thereot are declazed to be severable.
1.15 Applicable Laws. This Contract shall be governed by and construed in
accordance with the laws of the state of Colorado. 1.16 Assignabfflty. 1Vo Member may assign or tcansfer any of its rights or obligations hereunder without the prior written consent of the Member(s) that is a ~
nonassigning pazty(ies) to this Contract.
1.17 Binding Effect. The provisions of this Contract shall bind and shall inure to the I
benefit of the Member(s) and to their respective successors and permitted assigns, ~
if any. ;
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1.18 Enforcement The Member(s) agree and aclmowledge that this Contra.ct may be :
enforced in law or in equity, by decree of specific performance, and, in the event '
of a judgme,nt that a breaching Member acted arbitrarily and capriciously, or in
bad faith, including an awazd of appropriate damages, or such other legal and ~
equitabte relief as may be available subject to the pmvisions of the laws of the ~
State of Colorado. I
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ective IVovember 20, 2006, and executed tlris Y'f-Vay of
2006, at a regularly scheduled mC% of the Clear Creek Board
:of County Commissioners.
CLEAR CREEK COUNTY -
` By and ttuough its - -
Board of County Commissioners ATTEST:
By. -
K 'Mall Chairman Deputy Glerk and Recorder =
FNtD AS T.
Robert W. Loeffler, Co , -.Attorney
Effective November 20, 2006, and executed this O~~ day of
1V~ qGMAA4y,, , 2006, at a regularly scheduled meeting of the Monument City
Coumcil. ' -
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THE TOWN OF MONUMENT ATTEST: ~
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By: Byron J. Glem By: Scott Meszaros ~
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Title: Mayor Title: Town Clerk - ~1umF~r '
~ PPORAT~
Date: 1~ ~•4~ Date: s' S• 11 7~ ~
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Frst Amendment to tLe Establishing Contract
For
The Rocky Monntam Rail Authoriiy . . Redtals
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Whereas; Clear Creek County aad the Toa?n of Mon~ent.entered into aa ~
intergovernmental Agreement ("the Agrecmenf) effective November 20, 2006; which . <
created the Rocky Mountain Rail Authority; and - , 1
Whmas, pursuant to Section 1.05 of that agreement, the Town of Castle Rock ;
and the R,uaring Fork Transportation Authority signed addenda, thereby joining the ~
Rocky Mountaia Rail Authority as members; aad
W'hoeas, the membexs of the Rocky Mountain Rail Authority wish to amend thefr j
' orighW agreement; and ~
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Whereas, the inteation of the members is that the original intergovernmental ~
, . agreemeat signed by tlie members rema,in in effect except with regard to the following
changes:
Amendments i
A. ; Section 1.45 of the Agreement shall be amended to state as foliows:
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1.05 Members. Members of the Authority shall initially be Clear Creek County !
aad Town of Monament,, upon their respective execution of this Contract:
5.1 Only politicai subdivisions of the State of Colorado and the State of ;
, Colorado, throngh its agencies, may become Memliliers of the Authority. I
Additional Meaibere may jom the Authority by execution of addenda to f
this Contcact. The addenda maY BPecifY any financial contnbution to be I
made by the member jurisdictions. ~
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. 5.2 A11 financial contabutions promised by manbe= jurisdictions are subject
to each jurisdiction's annual appropriation azid any applicable TABOR ~
spending restrictions. -
53 In;dividuat member jurisdictions are not liable for the finmacial obligations !
of the Authority. ;
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B. Seetion 1.18 of the Agreement:regarding e;nforcement is hereby repealed and is . ;
replaced by the following Section 1.18. ~
. 1.18 Connterpart Execation. ---A copy of this document may be executed , !
b3' ewh PartY• sVarately, each oopy of which shall be deemed an gri ginal, and whan each ~
partY has executed a copy thereo4 such copies taken together shall be deemed to be one ~
azid the same inshument and a full aad cbmplete Contract between the patties. . !
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[The remainder of this page is iat~ntionally leR blank.] :
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. Effective Nove.mber 20, 2006 and execerted this _I_eday of 2007, at a ~
regularly scheduled meeting of the Clear Creek Board of County Co oners.
CLEAR CREEK COUNTY By and through its I
Board of County Commissioners ATTEST: ~
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By: Q~L
' an Deputy Clerk and Recorder • • ~
JOayt DVUIK.( ~
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APPRO AS TO FO . ~ i
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Robert W. Loeffler, Co Attorney ~ ~
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Effective November 20, 2006, and executed this - 'a day of A-pri
, 2007, at a tegularly scheduled meeting of the Monumenf City Council.
TFM TOWN OF MONUMENT ATTEST:
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By: Byron J. Glenn : Scott M . .
~ Title: Mayor Title: Town Clerk _ . : -
. Date: ~4 ~ 26 • o~ . nate: ?lO -o-~- ~
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First AmendmeIIt to the Establishing Contract '
For ~
The Rnclry Mountain Rail Au#hority ~
. Reckds
Whereas, Clear Creek County and the Tawn of Momaaeut entered mto an intergovernmeatal Agreemeat .
("the Ageement") effective Novamber 20, 2006, which created the Roclcy Mountain Rail Authority; and
Whereas, pursnant to Section 1.05 of thst agraement, tha Towa of Castte Rnclc aad the Roaring Fork
7ransportation Autbority signed addaada,lhereby,joinimg tha Rocky Mountain Rail Authority as members; and
Whereas, the membeas of the Rocky Mountain Rail Authority wish to amend their original agceement; and
OVhereas, the inontion of the members is that the ariginal nntergovarnmentai ageemerrt signad by the I:
members remnaia in effect except with rqffd to tha fullowing chauges: . i
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Amendmenffi ~
A. Section 1.05 af the Agrreement shall he amended to state as follows: ~
1.05 Members. A+Iembars of the Authority shall iaitially be Clear Craek County aud Towa of Monimment,
upon their respective execution of this Contract.
5.1 Only political subdivisions of the Sffite of Colorado and the Siate of Coloradq thmugh its agewias, ~
may become Members of the Authority. Additional Membars may join the Authority by executioa j
of addenda to ihis Contract. The addenda may specify aay f nancial contribution to be made by the !
member jurisdictions.
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52 All Snancisl contnbutions promised by member jurisdictions are subject to each jvr?sdiction's
a.nnnal approgrisuon and aay applicable TABOR spendiag resuictions. i
52 Tndividual member juriadictiams are not liable for the financial obligations of the Authority. ~
B. 5ection 1.18 of the Apeemeat regarding enforcement is hereby repeaied and is repZaced by the followiag ~
5ection 1.1 S. .
• 1.18 Countetpart Execution. A copy of this document may be executad by each party, saparately, esch
coPY of which shall ba deamad an original, and when each pariy has executed a copy thareof, such copias taken ,
to;gett?er shall ba daemed to ba ons and the same ins~trument and a full and complexe Contract between the parties.
Effective Novamber '20, 2006, and execubed this f ol~ day of ` ~ 2007, at a regularly ~ I
scheduled meeting of tha Ro~ Fork Transpor~tion Authority Board of Dgectors 1~
ROARIlNG FORK TRASPORATION AUTHORITY I
BY: 12~It1.,c ~-s. V~-
Dorothea ~ Fmris, Chair Date
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Effective November 20, 2006, and executed this - I Z~ da.y of Am L ~
2007.
For the TOWN OF CASTLE ROCK:
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Mark Stevens, own Ma~ a#e
ATTEST:
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s Miswe, cierk nate
Appmved as to farm:
. S Town Attomey
BYLAWS
OF TAE
BOARD OF DIRECTORS
OF THE
ROCKY MOUNTAIN RAIL AUTHORITY
ARTICLE I.
Sauremacv of Estabtishinz Contract
In the event of any conflict between the Bylaws of the Board of Directors of the Rocky
Mountain Rail Authority (the "Bylaws") and the Establishing Contract for the Rocky Mountain
Rail Authority, effective November 20, 2006 and as it may be thereafter amended (the
"Establishing Contract"), the Establishing Contra.ct shall control.
ARTICI.E U.
Offices
Principal Offices. The principal offices of the Rocky Mountain Rail Authority (the
"Authority") shall be designated by the Board of Directors from time to time. "
ARTICLE M.
Members
Membershin. Membership in the Authority shalf be available to a1I entities which qualify
and seek membership pursuant to the Establishing Contract (the "Members'~.
ARTICLE IV.
Board of Directors
A. Board of Directors. All of the power of the Authority shall be vested in a Board
of Directors (the "Board'). The Board shall manage the business and affairs of the Authority.
The Board shall consist of directors (the "Directors') appointed by each Member. Each Member
, shall appoint_ one Director. Directors appointed by Members shall each have one vote on the
Authority's Board Each Diiector shall be identified in writing by his/her appointing entity. B. ' Qualifications. Each Director and :each Altemate Director sha11 be, at the time of
appointment and throughout his%her tenure on the Boazd, an elected or appointed official of the
goveming body of the appointing Member, or-shall.be appointed by that governing body. .
C. Altemate Directors: Each Member- may, from time to time, designate in wri
ting
an Altemate Director who may act as its Diiecto "r, in the absence or una.vailability of the person "
selected as a Director (the "Alternate Director"). When acting for an absent or unavailable
Director, the Altemate Director shall be deemed to be a Director, subject to the following:
1. If both a Director and an Alternate Director of the same Member are
present at a meeting of.the Board, the executive committee or any Board
committee, the Director shatl have the sole power to vote.
2. Only a Director may serve as an Officer of the Board. An alternate
Director may neither serve .as an Officer nor act in the capacity of an
absent Director as an.Officer. An alternate Director ma.y serve in the place
of an absent Director of the same Member at meetings of the executive
committee or any other Board committee.
3. An Altemate Director may not succeed to the position of Director or as
any Board Officer based solely on his/her status as an Altemate Director,
but may so succeed by appointment by his/her Member, or by action of the
Board, as appropriate.
D. Performance of Duties. By acceptance of his/her office as a Director, each
Director shall be : deemed to tiave accepted, subject to the interests of his/her. Member, the
obligation to perform his/her duties in good faith and in a manner he/she believes to be in the
best interests of the Authority.
E. TenureiRemovaWacancv. Each Director and Alternate Director shall serve at
the pleasure of, and. may lie removed or replaced at any time by; his/her appointing. Member.
Any Director or'Alternate Director may resign at any- tune by giving written notice fo the
Chairperson of the Board: Such resignation shall take effect at the time specified therein; and '
unless specified therein, ttie acceptarice of such resignation shall not be necessary to ma,ke it
effective. A vaaancy occurring on the Boazd, whether by resignation, removal, death or . incapacitation; shall be filled by the appointment of a successor Director or Altemate Director by
' his/her Member. '
F. Reimbursement: The Board ma.y provide for reimbursement of the Directors for reasonable and necessary expenses incurred on behalf of, and authorized by, the Authority.
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ARTICI.E V.
Meetinss of the Board
A. Place of Meetings. The regulaz or special meetings of the Board or any
committee designated by the Board shall be held at any place, within or without the boundaries
of the State of Colorado, that a majority of the Boazd or any such committee, as the ca.se may be,
designates from time to time.
B. Regular Meetings. The Board, in January and on an annual basis, sha11 set the
time, date and place of its regular meetings.
C. Special Meetin¢s. Special meetings may be held at any time upon forty-eight (48)
hours written notice electronically mailed to the home or place of employment at the electronic
address designated by each Director, unless a Director waives such notice in writing. The
written notice required by this paragraph sha11 include, a propased agenda stating the intended
meeting topic(s) and action items, if any, to be addressed at the special meeting. The Chairperson
or Vice-Chairperson may, and on the written request of ten (10) Directors shall, ca11 a special
meeting of the Board.
D. Notice of Meetings.
1. Regalaz Meetings. Notice of the time, date and place shall be provided to
Directors and the public. A public place for posting notice of a11 regular
meeting sha11 be designated anuualty at the Authority's first regular
meeting of each calendar year, or as soon thereafter as pra,ctical.
2. Snecial Meeting..,.s. Notice of the time and place of any special meeting
shall be given as follows:
a. Directors: Written notice of a11 special meetings, as defined in
paisgraph C of this Article V, shall be electronically mailed to the
home or place of employment of each Director, as he/she shall
designate, not less than forty eight (48) hours prior to the time
fixed for the meeting. A Uirector may, in writing, waive notice of
any special meeting; and that waiver shall be deemed the
equivalent of notice. Attendance of a Director at a meeting shall
constitute wa.iver of notice of that meeting unless he/she attends for
the express ptupose of objecting to the transaction of business
because the meeting has not been lawfully called or convened.
b. Public: Written notice shatl be posted on the Authority's web site at least twenty-four (24) hours prior to the holding of a special
meeting. A public place for posting a paper version of a special
meeting notice sha11 be designated annually at the Authority's first
regular meeting of eack caiendar year.
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' E. onun. A quorum shall be a majority of the number of voting Directors in
office immediately before the meeting begins. A quorum shall be required for the transaction of
the business of the Boazd, except that if fewer Directors than a majority of the number of seats
on the Board of Directors are present at a meeting, a majority of the voting. Directors present, or
any officer of the Boazd, may adjourn the meeting to a different time and/or pla.ce. In such case,
the Secretary sha11 notify absent Directors of the time and place of the adjoumed meeting in
accordance with the notice requirements of Article V, Section D of these Bylaws. If a quonun is
present, action by a majority of the voting Directors present sha11 be the action of the Board,
unless the act of a greater number is required by the Establishing Contract. Directors shall be
deemed presern whether in physical attendaace or participating via telecommunications.
F. Votin¢. Each Director appointed by a Member shall be entitled to one vote. The
Board may act by resolution or motion. Voting shall be either by voice or roll call vote, except
in the case of election of Officers, which elections shall be conducted as provided in Article VII.
A roll call vote shall be conducted upon the request of a Director or at the discretion of the presiding officer.
G. Conduct of Meetings. Unless rules of order are adopted by the Boazd, protocols
for conducting mcetings of the Board and of committees shall be determined, initially, by the
Chairperson, subject to final decision by the Board.
H. Executive Committee. The Board shall, by a motion or resolution adopted by the
Boazd, designate ftft (3) of its Directors, who, along with all of the Officers of the Board, shall
constitute an executive cammittee, which shall have and may exercise such authority as may be,
set forth in that, or any subsequent, motion or resolution. In selecting the three (3) Directors to'
join the Officers on the executive committee, the Board sha11 make appointments such that the
executive committee shall reflect the geographical distribution of the Members of the Authority.
If any such delegation of authority of the Board is made as provided herein, all references to the
Board contained in these Bylaws or the Fstablishing Contract shall be deemed to also refer to the
executive committee. The Authority's Chairperson shall serve as the chairperson of the
. executive committee.
1. Other Committees. The Board may, by a motion or resolution adopted by a
majority of the Board, designate not less than two (2) Directors to constitute other coaunittees
(such as, without limitation, audit, nominating and steering committees), each of which shall
have and may exercise such authority as may be set forth in said motion or resolution. If any
such delegation of authority of the Board is made as provided herein, all references to the Boazd
contained in these Bylaws or the Establishing Contract shall be deemed to also refer to such
committee.
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- ARTICI.E VI. . -
Ouen Meetings and ODen Records ~
A. Open Meetings. The Authority will observe and comply with the Colorado Open
Meetings Law, 24-6-441, et seq., C.RS., as it may be amended from time to time. .
B. Open Records. The Authority will observe and comply with the Colorado Open
Records Law, 24-72-201, et seq., C.RS., as it may be amended from time to time.
ARTICLE VII. ,
Offcers off the Board. A. Genera,t. The. Ctiairperson, Vice-Chairperson, Treasurer and Secretary shall be
laiown as the officers of the Board (the "Officers").
B. Election of Officers. The Off'icers shall be nominated and elected annually by the
Board at the first meeting of the .Boazd held on or after. January 15. If the ndmination and
election of Officers shall not be held at those meetings, the nomination and election shall take
place as soon thereafter as they may be conveniently, held: _ The Board shall elect a Chairperson, .
Vice-Chairperson, Secretary and Treasurer, each of whom must also be a Director. Each Officer
shall serve at the pleasure of the Boazd. The same person may hold two offices.
Officers sha,U be elected by nomination and ,balloting as follows:. For each office, and in
the order listed in VII.B. hereof, the Chairperson shall solicit and, receive nominations for each office. Nomination for each office shall be closed. by the Chairperson when no fiuther
nominations are advanced or when the Boazd votes, upon motion, and second, to close them. The
Board will desigaate a person or persons present, not entitled to vote, to conduct the elections
from among each office's nominees. Each D'uector (including an Alternate Director for a
Member whose Director is absent) shall begiven a paper ballot by the person(s) so designated,
who; after- the Directors have voted, shall, collect and count the 'ballots. The person(s) so
designated sha11 also make: arrangements with any Director or Alteunate Director entitled to vote ,
and attending the meeting by telecommunication device, to confidentially receive that Direcfor's '
or 'Alternate Director's vote, which vote shall also be counted. T1ie person(s) so designated shall
, announce the vote for each offce' after it has been conducted. The person(s) so designated shall
be instructed by the Boazd to disclose the ballots and the votes via telecbmmunication to no one
except to a court of competent jurisdictioa A Director not elected to a prior office may be
nominated again in the process for a subsequent office.
C. General Duties: All Officeis aad agents of.the Authority, as between.themselves
and the Authority; shall have such authority and sha1I perform such duties in the management of
the Authority as may be ,provided in.:these Bylaws or as may be deternuned by resolution or
action of the Board not inconsistent with these Bylaws.
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D. Term/Removal of Officers. An Officer shall hold office until he/she is no longer
qualified to serve or his/her successor is chosen, unless he/she is sooner removed from office by
his/her appointing Member, his/her death occurs or he/she resigns. Any Officer may be removed
from office by the Board, with or without cause, upon a majority vote of the Board.
~Recific Duties of Officers. In addition to duties designated by the Board, the
E. S
duties of the officers shall include the following:
1. Chairperson. The Chairperson shall preside at all meetings of the Board
and, except as otherwise delegated by the Board, shall execute all legal
instnunents of the Authority.
2. Vice-Chairperson. The Vice-Chairperson shall, in the absence of the
Chairperson, or in the event of the Chairperson's inability or refusal to act,
perform the duties of the Chairperson and when so acting shall have a11 the
powers of and be subject to all the restrictions upon the Chairperson. The Vice-
Chairperson shall also perform such other duties as may be prescribed by the
Board from time to time.
3. Treasurer. The Treasurer shall serve as financial officer of the Authority
and except as the Board ma.y otherwise decide by resolution, sha11 be responsible
for the receipt, custody, investment and disbursement of the Authority's funds and
securities and for the performance of such other duties as are incident to the office
of Treasurer. The Treasurer shall have the duty to prepare and recommend an
annual budget and annual performance report to the Board. The form of the
budget shall be in substantial compliance with the requirements of the Colorado
Local Govemment Budget Law. The Treasurer shall also perform such other
duties as the Board may prescribe from time to time and report to the Boazd upon
request.
4. Secre . The Secretary shall maintain the official records and files of
the Board and the Authority, including the minutes of the meetings of the Board,
and a register of the names and addresses of the Members, Directors and
committee members and shall issue notice of ineetings, attest and affix the
corporate seal to a11 documents of tlie Authority. The Secretary shall also perform
such other duties as the Board may prescribe from time to time.
E. Bonds. The Treasurer and any other Offiicer, employee or agent of the Authority
charged with responsibility for the custody of any of its funds or property shall each give a
fidelity bond in the sum of $5,000 and with such surety as the Boazd in its discretion shall
determine. The Board in its discretion may also require any other Officer, agent or employee of
the Authority to give a fidelity bond in such amount and with such surety as it shall determine.
The cost of such fidelity bonds shall be an expense payable by the Authority.
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F. Delegation of Duties. Whenever an Officer is absent for any reason, the Board may -delegate the powers -and duties of an Officer to any, other Officer(s) or to any Director(s),
appointed by any of the Members.
G. Vacancies. When a vacancy of an Officer occurs iri one of, the Board.offices by
reason of death, resignation, removal as a Director or othe=wise, it sha11 be filled by a resolution
of the Board.
H. No Contract Right. Election or appointment of an Officer or Director shall not of itself create contract rigZits in the office.
ARTICLE VIII.
Pavments and Procurement
The Board may adopt purchasing and procurement resolutions from. time to time, ,
outliriing procedures for the purchasing and procuring of aecessary goods and services.
ARTICLE IX.
Seal and Fiscal Year
A.' Seal. The Authority shall adopt a seal. The seal shall include therein the name of
fhe State of Colorado and the name of the Authority. B. Fiscal Yeaz. The fiscal yeaz of the Authority shall be based on the calendar year.
' The fiscal year may be changed from time to time by the Boazd in its discretion. _
ARTICLE X. -
Amendments
A. Gerieral. The Board ma.y amend, supplement or repeal these Bylaws or adopt new
bylaws and all such changes shall affect and be binding upon the Board and Directors. - Any '
amendment, supplement or repeal of these Bylaws or adoption-,of'new bylaws; shall require
consideration at two meetings of the Board.
B. Notice: Specific notice, of each meeting at which consideration of proposed
amendment to; supplementation of or repeal of these Bylaws or adoption of new bylaws sha11 be given- in the same manner as notice of special meetings is to be given pursuant to Article V,
Section D. 2 hereof. 7
C. Vote Necessarv. Any adoption of new bylaws, or amendment, supplement or
repeal of these Bylaws shall require approval. by a majority af the Board in office at the secbnd ,
meeting at which the amendment, supplement, repeal or adoption is considered.
ARTICLE XV. ,
- Miscellaneona
A._ Invalid Provision. The invalidity or non-enforoeability of any particular provision
of these Bylaws shall not aff'ect the other provisions herein, and these Bylaws shall be constxued
in all respects as if such uivalid or unenforceable provision were omitted.
B. Governing Law. These Bylaws shall, be governed by and construed in accordance
with the constitution and laws of the State of Colorado and the Establishi.ng Contract for the
. Authority; as ainended firom time to time. ' .
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I, Harry Dale, Cha.irperson of the Board of Directors, hereby certify that the foregoing
Bylaws were adopted by the Board ofDirectors of the Rocky Mountain Rail Authority by a vote
of 'L I to a, on this day of ~?-i 1 , 2008.
Harry bale, C' erson of the Board
ATTESTED:
MAHtRn~aylaws •
TK01228
0996.0005
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JUNE 2008
VAIL B
USINESS REVIEW
TIOWNOF VK)
August 7, 2008
The June Vail Business Review breaks down the four percent sales tax collected for June and year to date
through second quarter.
Overall June sales tax decreased 3.8% with Retail decreasing 11.1 °Io, Lodging decreased 10.8°Io, Food and
Beverage decreased 8.9% and Utilities/Other (which is mainly utilities but also includes taxable services and
rentals) increased 23.7%. Year to date through second quarter resulted in a 6.0 % increase overall with
Retail increasing .8%, Lodging increased 8.2%, Food and Beverage increased 4.9% and Utilities increased
14.7%.
The Colorado Department of Revenue is holding two no cost sales and use tax classes at the Vail Library in
August. A construction industry tax class will be held on August 19, 2008 and a hospitality industry class
will be held on August 20, 2008. For more information about the classes and information about class
registration, which is required, please visit
http://www.revenue.state.co.us/TPS dir/wrap.sap?incl=contractorclasses and
http://www.revenue.state.co.us/TPS dir/wrap.asp?incl=hospitalityclasses.
Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on
www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-
mailed to you automatically from www.vail o~ v.com.
Please remember when reading the Vail Business Review that it is produced from sales tax collections, as
opposed to actual gross sales.
If you have any questions or comments please feel free to call me at (970) 479-2125 or Judy Camp at (970)
479-2119.
Sincerely,
Sally Lorton
Sales Tax Administrator
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June 2008 Sales Tax
VAIL VILLAGE
June June June -
2007 2008 %
Collections Coilections Chan e
Retail 1049474 939211 -10.8%
Lodging 759612 749503 -1.5%
Food &
Beverage 1399066 1399618 0.4%
Other 69295 79288 15.8%
Total 325,447 37 4,620 -3.3%
LIONSHEAD
June June June
2007 2008 %
Collections Collections Chan e
Retaii 199835 329137 62.0%
Lodging 71,107 489654 -31.6%
Food &
Beverage 409010 319874 -20.3%
Other 59447 51291 -2.9%
Total 136,399 117,956 -13.5%
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June 2008 Sales Tax
CASCADE V/LLAGE/EAST VAIL/SANDSTONE/WEST VAIL
June June June
2007 2008 %
Collections Collections Chan e
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Retail 121,559 122,023 0.4%
Lodging 529916 54,916 3.8%
Food &
Beverage 589527 45,453 -22.3%
Other 51661 59522 -2.5%
Total 2389663 2279914 -4.5%
OUT OF TOWN
June June June
2007 2008 %
Collections Collections Chan e
Retail 819228 43,502 -46.4%
Lodging 49677 49243 -9.3%
Food &
Beverage 986 443 -55.1 %
Utilities & 165,710 208,477 25.8%
Other
Total 252,601 256,665 1.6%
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June 2008 Sales Tax
' TOTAL
June June June
2007 2008 %
Collections Collections Chan e
Retail 327,096 290,873 -11.1%
Lodging 2041,312 1829316 -10.8%
Food &
Beverage 2389589 217,388 -8.9%
Utilities & 183,113 2255578 23.7%
Other
Tota I 953,110 917,155 -3.8%
,
r RETAIL SUMMARY
June June June
. 2007 2008 %
Collections Collections Chane
FOOD 91,100 96,043 5.4%
LIQUOR 19,747 20,824 5.5%
APPAREL 39,546 38,288 -3.2%
SPORT 42,684 41,852 -1.9%
JEWELRY 14,544 11,294 -22.3%
GIF°T 8,412 7,015 -16.6%
GALLERY 7,344 3,986 -45.7%
OTHER 101,055 71,129 -29.6%
HOME 2,664 442 -83.4%
OCCUPATION
TOTAL 327,096 290,873 -11.1 %
June 2008 YTD Sales Tax ~
VAIL VILLAGE
June YTD June YTD June YTD
2007 2008 %
Collections Collections Chan e
Retail 19675,827 19570,597 -6.3%
Lodging 117319949 198309172 5.7%
Food &
Beverage 195909175 195719618 -1.2%
Other 699451 499637 -28.5%
Total 59067,402 510229024 -0.9%
LIONSHEAD
June YTD June YTD June YTD
2007 2008 %
Collections Collections Chan e
Retail 551 ,959 7019967 27.2%
Lodging 112119832 193259378 9.4%
Food &
Beverage 3515644 5039086 43.1 %
Other 539057 589449 10.2%
Total 211685492 2,5889880 19.4%
June 2008 YTD Sales Tax
CASCADE VILLAGE/EAST VAIUSANDSTONFJWEST VA/L
June YTD June YTD June YTD
2007 2008 %
Collections Collections Chan e
Retai I 957,713 971,249 1.4%
Lodging 904,923 964,566 6.6%
Food &
Beverage 4079365 390,580 -4.1 %
Other 32,826 349073 3.8%
Total 21302,828 29360,468 2.5%
OUT OF TOWN
June YTD June YTD June YTD
2007 2008 %
Collections Collections Chan e
Retai l 3065910 276,761 -9.8%
Lodging 174,971 233,191 33.3%
Food &
Beverage 89983 71800 -13.2%
Utilities & 112899597 195149710 17.5%
Other
Total 197809461 210329462 14.2%
June 2008 YTD Sales'Tax ~
TOTAL
June YTD June YTD June YTD
2007 2008 %
Collections Collections Chan e
Retail 39492,409 395209574 0.8%
Lodging 410239675 49353}307 8.2%
Food &
Beverage 29358,168 224739084 4.9%
Utilities & 1,444,931 196569869 14.7%
Other
Totai 119319,183 . 129003,834 6.0%
.
RETAIL SiJMMAiZY
.
June YTD. June YTD June YTD
2007 2008 % -
Collections Collections Chan e FOOD 698,333 704,989 . , 1.0%
LIQUOR 173,478 204,807 18.1% .
APPAREL 443,086 453,374 2.3%_ SPORT - 1,393,799 1,482,772 6.4%
. JEWELRY 128,192 . 117,840 -8.1 %
. GIF°I' .69,967 50;062 -28.4% .
GALLERY 43,725 32,449
OTHER . 536,830. 471,485 -112.2% HOME 4,999 2,796 - 44.1 %
OCCUPATION .
TOTAL 3,492,409 39520,574 .801o
. ;
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W: Meadow Drive Reconstruction Proiect
Background Timeline
1988- , W. Meadow identified as a critical link for the Gore Voley Trail b/w Villages
in the Recreation Path Master Plan.
1991- W. Meadow became a part of the Vail Streescape Masterplan to link Lionshead
' and Vail Village with pedestrian friendly walks on both the north and south side. "
1998- W. Meadow reiterated as an important link between Villages.
2001= Otak Consultants provide design charettes with the Town / public and hold
public meetings to come up with 80% design drawings. _
2003- The Vail Streetscape Masterplan is updated to reflect design changes and W.
Meadow is budgeted for along with Village Streetscape.
2005- Four Seasons is required as a part of their development to construct a portion of
the improvements. CD's become a joint effort between the Town and Developer.
2007- Spraddle Creek culvert is replaced under W. Meadow in anticipation of project.
2007- ERWSD upgrades infrastructure in anticipation of project
2,008- Final public notice and DRB approval (6/18). CD's and Bid completed (8/18).
Project Highlights , -Raised paver walk on North Side with planters and AIPP `Flowline'. and benches.
-At grade paver walk on south side to accommodate pedestrians/bikers (GVT) and provide area
for snow storage in winter..(No winter maintenance on south side except at bus stop) -Nairowed asphalt road to 20' to slow traffic but wide enough to accommodate all traffic.
-New drainage and water quality improvements.
-Replacement of existing raised planter at west end and landscape improvements.
Project Schedule .
-Phase I (Vail Rd to Alphorn at a minimum) 9/2/08-11/15/08
-Phase II (Completion) 4/20/09-6/26/09
Budget
-Capital Improvement Project Budget 2008 $1,720,000
-RETT Budget 2008 $1.250,000
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Projected Construction Costs
-B&B Construction Bid: $1,965,000
(Gould Construction $1,995;000, ACC $2,440,000) -Projected additional project costs:
Design $35,000
Construction Admin & Inspection $115,000 ,
Owner provided Materials $100,000 Streetscape Amenities $100,000
Force Account (Restoration) $20,000
Asphalt Price Coritingency $30,000
Construction Contingency $250,000
-Four Seasons,approximate reimbursement as per DIA ($285.000)
; TOTAL Projected Town Cost: ` Y$2,330,000
-RETT/Capital Split $1,170,000/$1,160,000,
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