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HomeMy WebLinkAbout2009-08-18 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA 7 m *iVK VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., AUGUST 18, 2009 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. (15 min.) 2. ITEM/TOPIC: Town Manager's Report. a. Stephens Park Fire Update. (15 min.) PRESENTER(S): Stan Zemler 3. ITEM/TOPIC: Option to redevelop the LionsHead Parking Structure. (15 min.) PRESENTER(S): Stan Zemler / Matt Mire ACTION REQUESTED OF COUNCIL: Authorize and Direct the Town Manager to send a letter to Open Hospitality Partners ("OHP") (a draft letter is in your packets for consideration) on behalf of the Town of Vail (the "Town") declining the counteroffer from OHP dated July 28th and terminating negotiations relating to the redevelopment of the LionsHead Parking Structure. BACKGROUND: On July 15, 2009, a letter was sent on behalf of the Town to Mark Masinter of OHP acknowledging that the Developer Improvement Agreement, dated October 16, 2007, between the Town and OHP pertaining to a proposed redevelopment of the LionsHead Parking Structure (the "Property") had expired by its own terms. The letter went on to offer OHP an option to redevelop the Property pursuant to certain terms and conditions of a Development Option Agreement (the "Option Agreement") which was attached to the letter. On July 28, 2009, Mr. Masinter, on behalf of OHP, responded via correspondence to the Town's offer of a development option with a counteroffer which substantially modified the terms of the draft Option Agreement. (See Attached) STAFF RECOMMENDATION: N/A 4. ITEM/TOPIC: Second reading of Ordinance No. 17, Series of 2009, An ordinance submitting to the registered electors of the Town of Vail, Colorado, at a regular municipal election to be held on November 3, 2009, a ballot question to amend Section 3.2 of theTown of Vail Charter regarding Town councilmember terms of office. (20 min.) Hii Ki2oo9 PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2009, on second reading. BACKGROUND: On August 2nd the Town Council approved on first reading Ordinance No. 17, Series of 2009 with an amendment to the proposed ballot question that will be submitted to the registered electors of the Town of Vail for the November 3, 2009 regular municipal election. The proposed amendment is meant to address ambiguities and conflicts previously identified regarding the Town's terms and term limits provisions for councilmembers as currently set forth in Section 3.2 of the Charter. (See the attached memorandum). The following language is now proposed as a ballot question: Shall Section 3.2 of the Home Rule Charter for the Town of Vail be repealed and reenacted to read as follows, effective January 1, 2010: Candidates for the office of councilmember receiving the three (3) highest vote totals shall be elected to serve four-year terms, and candidates receiving less than the third highest number of votes shall be elected to serve two-year terms. No councilmember shall serve more than three (3) consecutive terms of office, whether those terms are four (4) years in length or two (2) years in length. Partial terms of less than two (2) years in duration or four (4) years in duration, depending on the term being filled, shall not count toward this limit. Terms shall be considered consecutive unless they occur more than one regular municipal election cycle apart. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2009. 5. ITEM/TOPIC: Adjournment. (7:05 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT 6:00 P.M., TUESDAY, SEPTEMBER 1, IN THE VAIL TOWN COUNCIL CHAMBERS. Kii Ki2oo9 '~WN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 18, 2009 ITEM/TOPIC: Town Manager's Report. a. Stephens Park Fire Update. PRESENTER(S): Stan Zemler aii ai2oo9 '~WN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 18, 2009 ITEM/TOPIC: Option to redevelop the LionsHead Parking Structure. PRESENTER(S): Stan Zemler / Matt Mire ACTION REQUESTED OF COUNCIL: Authorize and Direct the Town Manager to send a letter to Open Hospitality Partners ("OHP") (a draft letter is in your packets for consideration) on behalf of the Town of Vail (the "Town") declining the counteroffer from OHP dated July 28th and terminating negotiations relating to the redevelopment of the LionsHead Parking Structure. BACKGROUND: On July 15, 2009, a letter was sent on behalf of the Town to Mark Masinter of OHP acknowledging that the Developer Improvement Agreement, dated October 16, 2007, between the Town and OHP pertaining to a proposed redevelopment of the LionsHead Parking Structure (the "Property") had expired by its own terms. The letter went on to offer OHP an option to redevelop the Property pursuant to certain terms and conditions of a Development Option Agreement (the "Option Agreement") which was attached to the letter. On July 28, 2009, Mr. Masinter, on behalf of OHP, responded via correspondence to the Town's offer of a development option with a counteroffer which substantially modified the terms of the draft Option Agreement. (See Attached) STAFF RECOMMENDATION: N/A ATTAC H M E NTS : Draft Town of Vail OHP Letter OHP Letter 072809 & Developer Improvement Agreement aii ai2oo9 DRAFT ~ HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. , 1350 Seventeenth Street, Suite 450 ~ Denver, Colorado 80202-1576 Telephone: (303) 825-6444 Facsimile: (303) 825-1269 Corey Y. Hoffmann Fairplay Office Hilary M. Graham Kendra L. Carberry 675 Main Street Charissa A. Eckhout Jefferson H. Parker P.O. Box 1046 Elizabeth C. Gross Fairplay, CO 80440 Cristina E. DiMaria Of Coansel Telephone: (719) 836-9005 John E. Hayes Facsimile: (719) 836-9010 Herbert C. Phillips 8/ 12/2009 Mark Masinter Open Hospitality Partners 2525 McKinnon Street, Suite 750 Dallas, TX 75201 VIA FACSIMILE: (214) 750-0060 Re: Lionshead Parking Structure Dear Mark: I write in response to your letter dated July 28, 2009 and the attached revised draft. While the Town Council recognizes the economic difficulties you outlined in your letter, the Town Council is not willing to accept your proposed changes to the option agreement. Because the original Development Improvement Agreement has expired, and because there is no current option agreement between Open Hospitality Partners and the Town, the Town will be exploring other options for the Lionshead Parking Structure property. Very truly yours, oaltAwxl&~y Kendra L. Carberry klcarberryghphclaw.com c: Matt Mire, Town Attorney Stephen H. Kaplan, Esq. 8/12/2009 Masinter-L03 8/18/2009 3-1-1 OP'JN HOSPITALITY PARTNERS July 28, 2009 Ms. Kendra Carberry Hayes, Phillips, Hoffmann & Carberry, P.C. 1350 Seventeenth Street Suite 450 Denver, Colorado 80202-1576 Re: Lionshead Parking Structure Uevelopment Option Agreement Dear Ms. Carberry: Thank you for your July 15, 2009 letter regarding the Lionshead Parking Structure. I have reviewed the option agreement you presented, and appreciate the Town's recognition of the efforts I have expended toward the redevelopment of the Lionshead Parking Structure. I have enjoyed collaborating with the Town to implement our shared vision for the Lionshead Parking Structure site, and have invested countless hours and upwards of $5 million dollars in design and planning for the project. I look forward to continuing our shared efforts to realize the full potential of Lionshead. As you know, the scale and scope of current economic conditions have caused a number of projects in development to be postponed. In the case of the Lionshead I'arking Structure redevelopment, however, there has always been another impediment to its redevelopment: namely, the deed restriction held by Vail Associates that encumbers the site (the "Deed Restriction"). In fact, one of the provisions oi' the Development Improvement Agreement between the Town and OHP Vail One, LLC, dated October 16, 2007, required that the Town remove encumbrances on the site, including the Deed Restriction, before any redevelopment could occur. As a consequence of the Deed Restriction, the '1'own cannot take advantage of any development opportunities on the Lionshead Parking Structure site until the Deed Restriction is removed. Stated differently, so long as the Deed Restriction is in place the Town is not missing any opportunities to develop the site. It is my understanding that Vail Associates has pledged to 2525 McKinnon Street Suite 750 Dallas, TX 75201 214.750,0011 Fax 2 14.750.0060 8/18/2009 3-2-1 remove the Deed Restriction upon the Town's approval of another Vail Associates development project. I Given these facts, please find attached a revised draft (along witli a redline showing the changes to the original) of the option agreement you presented. "I'he attached revised draft reflects the following major concepts: I • An exclusive option to redevelop the Lionshead Parking Structure site; 1 • Payment of the optioil fee after the Deed Restriction has been refeased or removed; and ~ ~ • Reimbursement to the Town of the cost of certain repaired or replaced Public ; Improvements, thereby minimizing risk to the Town. I ~ Please review the attached revised draft with your client. Please feel fi•ee to contact me ~ with any questions you may have. ~in erely, ark 7vlasider cc: Stephen H. Kaplan Matt Mire Todd Platt Enclosures 2525 MeKinnon Street Suite 750 Dalfas, TX 75201 214.750.0011 Fax 214.750.0060 8/18/2009 3-2-2 DEVELOPMENT OPTION AGREEMENT THIS DEVELOPMENT OPTION AGREEMENT ('--_"AgreementL ) is entered into by and between the TOWN OF VAIL, COLORADO, a Colorado home rule town, with offices at 75 South Frontage Road, Vail, Colorado 81657 (the '-"Town'-") and OHP VAIL ONE, LLC, a limited liability company organized under the laws of the State of Delaware (""Developer'-"' , located at 2525 McKinnon Street, Suite 750, Dallas, Texas 75201 (each individually a'-"`Party"" and collectively '-"`the Parties'-D. WHEREAS, "DIA" I .2007 g witkt-r-espect te-t#° r°d °v°'„p,N°„* "+following an extensive reauest for nronosal nrocess beginning in Mav. 2006, the Town selected Develoner to redevelon approximately 6.6 acres of real property owned by the Town and legally described in Exhibit A, attached hereto and incorporated herein by this reference (the '--"Site'-"), which consists of the Lionshead Parking Structure and an unimproved charter bus parking lot located at 395 South Frontage Road, Vail, Colorado 81657.81657; WHEREAS, t.l.~e.. Town ancj. Uev,elc~e_r.... entet-ed i..iit<> a_ Deve.l_o.pment Improvement Agreemcnt dated October 16, 2007 and a First Amendment to Develonment Imnrovement - Agreement on Ausust 19, 2008 (collectivelv, the "DIA"),settin r forth the_i-ights and obli ations of the Parties with resp~ct to the rede~~clo~mcilt oCthe Site; WHEREAS, the Parties acknowledge, and the DIA reco~nized that the Site is currentlv encumbered bv a deed restriction (the "Deed Restriction") held bv Vail Associates, Inc., The Vail Cornoration, DB/A Vail Associates. Inc., a Colorado corooration, or another related coraorate entitv: WHEREAS, the Parties acknowledge that the DIA expired by its terms on June 17, 2009; WHEREAS, though the PF-1, DIA is no longer in effect, the Town desires to provide Developer with an exclusive option to develop the Site under the terms and conditions of this Agreement3 NOW, THEREFORE, in consideration of the covenants and agreements of the Parties as hereinafter set forth, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by each Party hereto, the Parties agree as follows: 1. Definitions. For purposes of this Agreement, the following terms shall have the following meanings: "Project Plan" means the schematic, architectural internal and external layouts of the Site, which may include architectural concepts, defined and architectural uses, massing, a valet parking program and movement of people, but shall not include architectural details including colors, materials, or other similar architectural or design specifics. 1 Kii Ki2oo9 3-2-3 "Public Improvements" means and includes roadways, sidewalks, parking and drainage facilities. 2. DIA. The Parties acknowledge and agree that the DIA expired by its terms on June 17, 2009, and is no longer in effect. The Parties further acknowledge that , a" *;m°° e^m„';a,,,,° ".:*h *h° DT ^a„d+ha* there are no outstanding claims or issues related to the DIA. 3. Term. a. This Agreement shall C-ommeneecommence on August 1, 2009 and shall terminate on ;-a=ruary 3 1. 2010, ,,,,'°°°the earlier of (i) December 31. 2024, or (ii) the date that is three vears followine the date that the Deed Restriction has been removed as an encumbrance to the Site. The term of this Agreement mav be terminated nursuant to Section 3(b) below, and mav be extended by mutual agreement of the Parties. b. This Agreement mav be terminated bv Town if Develoner has not comblied with Section 4(b) hereof. This Agreement mav be terminated bv the Develoner onlv if Town violates Section 4(a) of this AEreement. 4. Option to Develop Site. a. During the term of this Agreement, the Town hereby grants Developer an exclusive option to develop the Site, subject to the terms of this Agreement (the "Option"). Town a=es not to engage in discussion or negotiations with anv other erson or entitv regarding the develonment of the Site while this Agreement is in effect. b. Develoner must nrovide written notice to the Town of whether it chooses to exercise its Ontion within thirtv (30) davs of the date that Town notifies Develoner that the Deed Restriction has been removed as an encumbrance to the Site. c. b-The fee for exercisin~ such Option shall be $1-99;990;100,000 (the "Initial Fee"l, which fee shall be due and payable upon °u*ion of *his ^gr°°m°n* "y ~~=elopef. T-}e-€e° °ha" be „^„r°';,„aab'°,bv Develoner two vears from the date the Deed Restriction has been removed as an encumbrance to the Site. The (l..t:l.n shall tormi..at,~ ~ on 4arminat:or o£thic_As i•oa.ror4 d. Six months following payment of an add;-tienal fee tebe detet=mined-by t-l3eT-ownthe Initial Fee, Developer may, at its sole discretion, renew the Option for *"r°° ~~a~'i*io~~a' six ~~~~n*'~ *°~~~additional six month terms (each, a"Renewal Term"), until Develoner's Proiect Plan is annroved bv the Town at which noint no further Ontion navments will be reauired and Develoner mav nroceed with the redevelopment of the Site. The fee for each six month Renewal Term shall be 100.000, due and navable on the first dav of each annlicable Renewal Term. 2 Kii Ki2oo9 3-2-4 e. The Initial Fee and anv fees naid bv Develoner for anv Renewal Terms shall be credited against the cost of anv Public Imnrovements Town reauires Develoner to make as nart of the redevelonment of the Site. 5. Development of Site. If Developer exercises the Option, Developer shall obtain written approval from the Town before resubmitting its Project Plan. The resubmitted Project Plan shall be treated as a new development application, subject to all provisions of the Vail Town Code applicable to the project as of the date of the Project Plan. 6. Maintenance. a. During the term of this Agreement, the Town shall maintain, repair and to the extent necessary, replace Public Improvements on the Site. The Town may use its own funds or, as allowed by law, funds of the Vail Reinvestment Authority. The extent of maintenance, repair and replacement of Public Improvements shall lie within the sole discretion of the Town. b. If Developer develops the Site pursuant to the Option and later removes any Public Improvements that were repaired or replaced by the Town, Developer agrees to reimburse the Town or the Vail Reinvestment Authority, as applicable, or the cost of such Public Improvements. 7. Amendment. This Agreement may not be amended or terminated except by mutual written consent of the Parties. 8. Assijzmnent. Developer shall not assign or otherwise transfer this Agreement or any rights or obligations therein, without the Town's prior written consent. 9. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colo9rado, and any legal action concerning the provisions hereof shall be brought in the Eagle County, Colorado. 10. No Waiver. No Party shall have waived the exercise of any right that it holds hereunder unless such waiver is made expressly and in writing. Delays in the enforcement or the waiver of any one more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligations of this Agreement. 11. Entire Agreement. This Agreement and the attached exhibits constitute the entire agreement between Developer and the Town, superseding all prior oral or written communications. 12. Severabilitv. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. 13. No Third-PartY Beneficiaries. There are no intended third-party beneficiaries to this Agreement. 3 Kii Ki2oo9 3 -z-s 14. Governmental Immunitv. Nothing herein shall be construed as a waiver of any protections or immunities the Town may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. 15. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity participating in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of Developer. 16. Recording. This Agreement shall be recorded in the real nronertv records of Eagle Countv. Colorado. IN WITNESS WHEREOF, each Party has executed this Agreement or caused it to be executed on its behalf by its duly authorized representative on the _ day of , 2009. TOWN OF VAIL, COLORADO: Stan Zemler, Town Manager ATTEST: Lorelei Donaldson, Town Clerk OHP VAIL ONE, LLC: By: Name: Title: 4 Kii Ki2oo9 3-z-6 '~WN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 18, 2009 ITEM/TOPIC: Second reading of Ordinance No. 17, Series of 2009, An ordinance submitting to the registered electors of the Town of Vail, Colorado, at a regular municipal election to be held on November 3, 2009, a ballot question to amend Section 3.2 of theTown of Vail Charter regarding Town councilmember terms of office. PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2009, on second reading. BACKGROUND: On August 2nd the Town Council approved on first reading Ordinance No. 17, Series of 2009 with an amendment to the proposed ballot question that will be submitted to the registered electors of the Town of Vail for the November 3, 2009 regular municipal election. The proposed amendment is meant to address ambiguities and conflicts previously identified regarding the Town's terms and term limits provisions for councilmembers as currently set forth in Section 3.2 of the Charter. (See the attached memorandum). The following language is now proposed as a ballot question: Shall Section 3.2 of the Home Rule Charter for the Town of Vail be repealed and reenacted to read as follows, effective January 1, 2010: Candidates for the office of councilmember receiving the three (3) highest vote totals shall be elected to serve four-year terms, and candidates receiving less than the third highest number of votes shall be elected to serve two-year terms. No councilmember shall serve more than three (3) consecutive terms of office, whether those terms are four (4) years in length or two (2) years in length. Partial terms of less than two (2) years in duration or four (4) years in duration, depending on the term being filled, shall not count toward this limit. Terms shall be considered consecutive unless they occur more than one regular municipal election cycle apart. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 17, Series of 2009. ATTAC H M E NTS : Ballot memorandum 081809 Ordinance No. 17, Series of 2009 aii ai2oo9 ~ Memorandum To: Town Council From: Matt Mire, Town Attorney Date: 8/18/09 Re: Ordinance 17, Series 2009, Ballot Question Amending Section 3.2 of the Town Charter Regarding Town Council Terms and Term Limits I. Backqround On August 4, 2009, the Town Council approved on first reading an ordinance submitting a ballot question to the registered electors of the Town of Vail for the November 3, 2009, regular municipal election amending Section 3.2 of the Town of Vail Home Rule Charter as it relates to terms of councilmembers. The proposed amendment is meant to address ambiguities and conflicts previously identified regarding the Town's terms and term limits provisions for councilmembers as currently set forth in Section 3.2 of the Charter. According to the current Charter language, the terms of office for councilmembers shall be four (4) years, provided that no councilmember may serve more than eight (8) consecutive years. However, the Charter then states that the candidate receiving the fourth highest number of votes shall only serve a two-year term. Not only do these provisions create ambiguities concerning the number of terms a councilmember may serve, the Charter appears to be internally inconsistent. As currently drafted, a councilmember could feasibly serve a four-year term and a two-year term without reaching the eight-year term limit. Under this scenario, the councilmember would be eligible to serve another two-year term, but not a four-year term. Unfortunately, there is no way to know whether the councilmember would actually be elected for a two-year term until after the election is complete. If the councilmember is elected for a four-year term, the Town is placed in the precarious position of having to choose between a violation of the Charter's two-year term provision or the Charter's eight-year term limit provision. Under either scenario, the Charter is violated. 1 8/18/2009 4-1-1 II. Proposed Amendment The proposed ballot language, as amended on first reading, now reads as follows: Shall Section 3.2 of the Home Rule Charter for the Town of Vail be repealed and reenacted to read as follows, effective January 1, 2010: Candidates for the office of councilmember receiving the three (3) highest vote totals shall be elected to serve four-year terms, and candidates receiving /ess than the third highest number of votes shall be elected to serve two-year terms. No councilmember shall serve more than three (3) consecutive terms of office, whether those terms are four (4) years in length or two (2) years in length. Partial terms of /ess than two (2) years in duration or four (4) years in duration, depending on the term being filled, shall not count toward this limit. Terms shall be considered consecutive unless they occur more than one regular municipal election cycle apart. III. Conclusion As proposed, the amended Charter language preserves the two-year term for councilmembers who don't finish in the top three. The proposed amendment also establishes a three (3) consecutive term limit for all councilmembers, regardless of the length of the terms a councilmember has served. Based upon the language currently proposed, terms would be considered consecutive unless they occur more than one municipal election cycle apart (2 years). Finally, the proposed amendment addresses how to calculate partial terms as they relate to the term limit, which is not currently provided for in the Charter. A copy of the current Charter language is provided below for comparison. Current Town of Vail Charter Language concerning terms of office: Section 3.2 - Terms Of Office: The terms of office for councilmen shall be four (4) years provided, however, that no councilman shall serve for more than eight (8) consecutive years. In the regular municipal election to be held in 1973, the three (3) candidates receiving the highest number of votes shall be elected for four-year terms and the four (4) candidates receiving the fourth, fifth, sixth and seventh highest number of votes shall serve for two-year terms. In the municipal election to be held in 1975 and thereafter, the highest number of votes shall be elected for four-year terms and the candidate receiving the fourth highest number of votes shall be elected for a two-year term. If a vacancy exists, those candidates receiving the fifth, sixth, and seventh highest number of votes, depending upon the number of vacancies to be filled, shall be elected for two-year terms. 2 8/18/2009 4-1-2 ORDINANCE NO. 17 SERIES 2009 AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF VAIL, COLORADO, AT A REGULAR MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2009, A BALLOT QUESTION TO AMEND SECTION 3.2 OF THE TOWN OF VAIL CHARTER REGARDING TOWN COUNCILMEMBER TERMS OF OFFICE. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the current language of Section 3.2 of the Charter creates potential conflicts with regard to the length of terms and term limits of Councilmembers; and WHEREAS, the Council wishes to refer a measure amending Section 3.2 of the Charter concerning Council Terms of Office to the Town's registered electors at the Town's 2009 regular municipal election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The following ballot question is hereby submitted to the registered electors of the Town at the Town's regular municipal election to be conducted on November 3, 2009: Shall Section 3.2 of the Home Rule Charter for the Town of Vail be repealed and reenacted to read as follows, effective January 1, 2010: Candidates for the office of councilmember receiving the three (3) highest vote totals shall be elected to serve four-year terms, and candidates receiving less than the third highest number of votes shall be elected to serve two-year terms. No councilmember shall serve more than three (3) consecutive terms of office, whether those terms are four (4) years in length or two (2) years in length. Partial terms of less than two (2) years in duration or four (4) years in duration, depending on the term being filled, shall not count toward this limit. Terms shall be considered consecutive unless they occur more than one regular municipal election cycle apart. Yes No Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be Ordinance 17, Series 2009 1 8/18/2009 4-2-1 declared invalid. Section 3. 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 4. 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 PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of August, 2009, and a public hearing for second reading of this Ordinance set for the 18th day of August, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of August, 2009. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 17, Series 2009 2 8/18/2009 4-2-2