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HomeMy WebLinkAbout2015 - Proof of PublicationPROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 1 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 17TH day of February, 2015. Witness my hand and seal this day of A , 2015. 4y'fger (seal) ORDINANCE NO. 1 SERIES 2015 AN ORDINANCE AMENDING SECTIONS 4-1-2, 4-1-4, 4-3-1-2 AND 4-3- 2 OF THE VAIL TOWN CODE TO CLARIFY THE BUSINESS LICENSE FEES FOR SHORT-TERM RENTALS WITHIN THE TOWN AND REQUIRING THAT PERSONS OFFERING APARTMENT HOTEL, LODGING HOUSE, GUESTHOUSE OR GUEST RANCH LODGING SERVICES WITHIN THE TOWN MUST POST THEIR TOWN OF VAIL SALES TAX ACCOUNT NUMBER IN ALL INTERNET ADVERTISEMENTS WHEREAS, the Town Code currently requires bed and breakfast and short-term rental establishments to pay different business license fees that are calculated based upon whether the location of business's management in certain zones within Town; WHEREAS, the Town Council is aware of certain bed and breakfast and short- term rental establishments that are currently exempt from the Town's business license fees because such businesses maintain a management office outside of the Town; WHEREAS, in an effort to standardize the Town's business license fees, the Town Council desires to amend the Town Code to require the payment of business license fees for all bed and breakfast and short-term rental establishments, regardless of where a business's management office is located; WHEREAS, the Town Council is also aware that the sale of lodging services within the Town are being advertised and coordinated via the internet, and is concerned that all sales taxes may not be being paid on apartment hotel, lodging house, guesthouse and guest ranch lodging services; and WHEREAS, the Town Council further desires that effective July 1, 2015, all persons engaged in internet advertising of apartment hotel, lodging house, guesthouse, and guest ranch lodging services, include a Town of Vail sales tax account number in all such advertisements. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The term "Short Term Rental" as defined in Section 4-1-2 of the Vail Town Code is hereby amended to read as follows: 4-1-2: Definitions: SHORT-TERM RENTAL: A rental of an accommodation unit or dwelling unit, or any room within an accommodation unit or dwelling unit, for a term not in excess of thirty (30) consecutive days. 2/19/2015 QAUSERSIVAILIORD120151SHORT TERM RENTALS-0021915.DOCX Section 2. Subpart (B) of Section 4-1-4 of the Vail Town Code is hereby amended to read as follows: 4-1-4: Fees: B. Schedule: An annual business license fee shall be paid by every person doing business within the Town in accordance with the following schedule: 1 Bed And BFeaLShort-Term Rentals: Shea -term Any person who engages in the short term rental of either accommodation units or dwelling units to one who uses, possesses, or has the right to use or possess such accommodation unit or dwelling unit, or any room within said unit, and any person who eRgages in a "bed and breakfast epeFatigR" as that term is defined iR SeGt*Gn 12 14 18-0 this -Code shall pay a fee as follows: a. For persons engaged in the short term rental of more than two (2) accommodation units, dwelling units, or separate rooms within either dwelling units or accommodation units, If the management nine ;esatedOR 7.aReTa flat fee of three hundred twenty five dollars ($325.00) and On addWGP,, plus a fee of seventeen dollars ($17.00) per unit for each unit located in Zone 1 and an additional fee of twelve dollars seventy five cents ($12.75) per unit for each unit located in Zone 2. bs. For persons engaged in the short term rental or two (2) or fewer accommodation units, dwelling units or separate rooms within dwelling units or accommodation units, for more than fourteen (14) days per license year, If the man-anemen+ Offine ,S IGGated ;n Zene 2, a flat fee of one hundred fifty dollars for ($150.00) two hundFed faFty thFee dellaF6 seventy five Gents ($243.76) plus afl-addit+eRai a fee of seventeen dollars ($17.00) per unit for each unit located in Zone 1, and twelve dollars seventy five cents ($12.75) per unit for each unit located in Zone 2. 2 2/19/2015 Q:IUSERSWAILIORD120151SHORT TERM RENTALS-0021915.DOCX Section 3. Section 4-3-1-2 of the Town Code is hereby amended by the addition of the following definitions, which shall be inserted alphabetically to read as follows: 4-3-1-2: Definitions: As used in this chapter, unless the context otherwise requires, the following terms shall have the following meanings: APARTMENT HOTEL: A building containing apartments that may be rented to paying guests. LODGING HOUSE: A private single-family home, townhome or condominium with individual rooms that may be rented to paying guests. GUESTHOUSE: A private single-family home, townhome or condominium that may be rented in its entirety to paying guests. GUEST RANCH: A resort patterned after a western ranch, where overnight accommodations are offered to paying guests. Section 4. Subsection (C) of Section 4-3-2 of the Town Code is hereby amended to read as follows: 4-3-2: Licensing Requirements: C. Contents; Posting: Each license shall be numbered with a Town of Vail sales tax account number and shall show the name of the licensee and the place of business of the licensee and shall be posted in a conspicuous place at the place of business for which it is issued. If the licensee does not have a place of business, then the license shall show the mailing address of such licensee. Effective July 1, 2015, any licensee that advertises apartment hotels, lodging houses, guesthouses or guest ranch lodging services on the internet shall include the licensee's Town of Vail sales tax account number in all such advertisements. Section 5. 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 declared invalid. 3 2/192015 Q:IUSERSIVAILIORD120151SHORT TERM RENTALS-0021915.DOCX Section 6. 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 7. 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 8. 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. Section 9. This ordinance shall become effective in accordance with the Vail Town Code, but the fees established by Section 4-1-4.B.1.b shall become effective on January 1, 2016. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of February, 2015 and a public hearing for second reading of this Ordinance set for the 3`d day of March, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk Andrew P. Daly, Mayor 4 2/19/2015 Q:IUSERSIVAILIORD120151SHORT TERM RENTALS-0021915.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 1 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 4T" day of March, 2015. Witness my hand and seal this A— day of i%io , 2015. . ---%� & Iammy agel lerk (seal) ORDINANCE NO. 1 SERIES 2015 AN ORDINANCE AMENDING SECTIONS 4-1-2, 4-1-4, 4-3-1-2 AND 4-3- 2 OF THE VAIL TOWN CODE TO CLARIFY THE BUSINESS LICENSE FEES FOR SHORT-TERM RENTALS WITHIN THE TOWN AND REQUIRING THAT PERSONS OFFERING APARTMENT HOTEL, LODGING HOUSE, GUESTHOUSE OR GUEST RANCH LODGING SERVICES WITHIN THE TOWN MUST POST THEIR TOWN OF VAIL SALES TAX ACCOUNT NUMBER IN ALL INTERNET ADVERTISEMENTS WHEREAS, the Town Code currently requires bed and breakfast and short-term rental establishments to pay different business license fees that are calculated based upon whether the location of business's management in certain zones within Town; WHEREAS, the Town Council is aware of certain bed and breakfast and short- term rental establishments that are currently exempt from the Town's business license fees because such businesses maintain a management office outside of the Town; WHEREAS, in an effort to standardize the Town's business license fees, the Town Council desires to amend the Town Code to require the payment of business license fees for all bed and breakfast and short-term rental establishments, regardless of where a business's management office is located; WHEREAS, the Town Council is also aware that the sale of lodging services within the Town are being advertised and coordinated via the internet, and is concerned that all sales taxes may not be being paid on apartment hotel, lodging house, guesthouse and guest ranch lodging services; and WHEREAS, the Town Council further desires that effective July 1, 2015, all persons engaged in internet advertising of apartment hotel, lodging house, guesthouse, and guest ranch lodging services, include a Town of Vail sales tax account number in all such advertisements. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The term "Short Term Rental" as defined in Section 4-1-2 of the Vail Town Code is hereby amended to read as follows: 4-1-2: Definitions: SHORT-TERM RENTAL: A rental of an accommodation unit or dwelling unit, or any room within an accommodation unit or dwelling unit, for a term not in excess of thirty (30) consecutive days. 2/19/2015 Q:IUSERSIVAILIORD120151SHORT TERM RENTALS-0021915.DOCX Section 2. Subpart (B) of Section 4-1-4 of the Vail Town Code is hereby amended to read as follows: 4-1-4: Fees: B. Schedule: An annual business license fee shall be paid by every person doing business within the Town in accordance with the following schedule: 1. Short -Term Rentals: ire Any person who engages in the short term rental of either accommodation units or dwelling units to one who uses, possesses, or has the right to use or possess such accommodation unit or dwelling unit, or any room within said unit, hhreakf ep ratien" a thad�Q�ned ia--n-n C�4�no 14-1 R_ ter.m. this -Serle shall pay a fee as follows: a. For persons engaged in the short term rental of more than two (2) accommodation units, dwelling units, or separate rooms within either dwelling units or accommodation units, if the management off" leGated in ZeRe 1, a flat fee of three hundred twenty five dollars ($325.00) , plus a fee of seventeen dollars ($17.00) per unit for each unit located in Zone 1 and an additional fee of twelve dollars seventy five cents ($12.75) per unit for each unit located in Zone 2. bs. For persons engaged in the short term rental or two (2) or fewer accommodation units, dwelling units or separate rooms within dwelling units or accommodation units, for more than fourteen (14) days per license year, Zene-2,a flat fee of one hundred fifty dollars for ($150.00) plus aR add+tfenat a fee of seventeen dollars ($17.00) per unit for each unit located in Zone 1, and twelve dollars seventy five cents ($12.75) per unit for each unit located in Zone 2. 2 2/19/2015 Q: IUSERSI VAILIORD120151SHORT TERM RENTALS -0021915. DOCX Section 3. Section 4-3-1-2 of the Town Code is hereby amended by the addition of the following definitions, which shall be inserted alphabetically to read as follows: 4-3-1-2: Definitions: As used in this chapter, unless the context otherwise requires, the following terms shall have the following meanings: APARTMENT HOTEL: A building containing apartments that may be rented to paying guests. LODGING HOUSE: A private single-family home, townhome or condominium with individual rooms that may be rented to paying guests. GUESTHOUSE: A private single-family home, townhome or condominium that may be rented in its entirety to paying guests. GUEST RANCH: A resort patterned after a western ranch, where overnight accommodations are offered to paying guests. Section 4. Subsection (C) of Section 4-3-2 of the Town Code is hereby amended to read as follows: 4-3-2: Licensing Requirements: C. Contents; Posting: Each license shall be numbered with a Town of Vail sales tax account number and shall show the name of the licensee and the place of business of the licensee and shall be posted in a conspicuous place at the place of business for which it is issued. If the licensee does not have a place of business, then the license shall show the mailing address of such licensee. Effective July 1, 2015, any licensee that advertises apartment hotels, lodging houses, guesthouses or guest ranch lodging services on the internet shall include the licensee's Town of Vail sales tax account number in all such advertisements. Section 5. 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 declared invalid. 3 2/19/2015 Q:IUSERSIVAILIORD120151SHORT TERM RENTALS-0021915.DOCX Section 6. 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 7. 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 8. 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. Section 9. This ordinance shall become effective in accordance with the Vail Town Code, but the fees established by Section 4-1-4.B.1.b shall become effective on January 1, 2016. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of February, 2015 and a public hearing for second reading of this Ordinance set for the 3rd day of March, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of March, 2015. ATTEST: Patty McKenny, Town Clerk Andrew P. Daly, Mayor 4 2/19/2015 QAUSERSIVAILIORD120151SHORT TERM RENTALS-0021915.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 2 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 17TH day of February, 2015. Witness my hand and seal this ,+I day of -'I. , 2015. T mmy Nag I Dep r (seal) ORDINANCE NO. 2 SERIES 2015 AN ORDINANCE ADOPTING A NEW CHAPTER 13 OF TITLE 5 OF THE VAIL TOWN CODE ESTABLISHING DISPOSABLE BAG REQUIREMENTS, INCLUDING A DISPOSABLE PAPER BAG FEE AND PROVIDING FOR THE COLLECTION AND DESIGNATION OF SUCH FEE. WHEREAS, the Town of Vail, Colorado (the "Town") is a home rule municipality existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's Home Rule Charter; WHEREAS, the Town has a duty to protect the natural environment, the economy and health of its citizens and guests and the Town is committed to environmental protection and stewardship; WHEREAS, reducing the use of disposable bags has a positive impact on the local environment of the Town, including reducing the potential for pollution in the environment, greenhouse gas emissions, litter, harm to wildlife, water consumption, energy consumption and solid waste generation; WHEREAS, as the Eagle County landfill reaches permitted capacity, it is becoming more difficult and expensive to site, permit and develop new landfill capacity, and plastic bags create operational problems at the Eagle County Materials Recovery Facility; WHEREAS, through the adoption of the Environmental Sustainability Strategic Plan, the Town has established goals of reducing the waste going to the landfill by 25 percent by 2019, and reducing community greenhouse gas emissions by 20 percent by 2020; WHEREAS, diverting plastic waste from the landfill is a cost effective and efficient ways of reducing greenhouse gas emissions resulting from energy and petroleum products used in processing; WHEREAS, the Town Council believes that the best alternative to the continued use of disposable bags is to promote the use of more durable, reusable bags; and WHEREAS, the Town Council finds and determines that prohibiting disposable plastic bags and requiring a charge for the use of disposable paper bags at grocers would help address the environmental and health problems associated with such use, would relieve Town taxpayers of the costs incurred by the Town in conjunction therewith, and would be in the best interest of the public health, safety and welfare. 1 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 5 of the Vail Town Code is hereby amended by the addition of a new Chapter 13, to read as follows: CHAPTER 13 DISPOSABLE BAG REQUIREMENTS 5-13-1: PURPOSE AND INTENT: The purposes of this Chapter are to protect the public health, safety and welfare, to address the environmental problems associated with disposable bags, and to relieve the Town taxpayers of the costs imposed upon the Town associated with disposable bags. The intent of the Chapter is to encourage the use of reusable bags. 5-13-2: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meanings: DISPOSABLE PAPER BAG: a bag made predominately of paper that is provided to a customer by a Grocer at the point of sale for the purpose of transporting goods. DISPOSABLE PAPER BAG FEE: a Town fee of $.10 imposed and required to be paid by each consumer making a purchase from a Town Grocer for each disposable paper bag used during the purchase. DISPOSABLE PLASTIC BAG: a bag made from either non- compostable plastic or compostable plastic provided by a Business to a customer at the point of sale for the purpose of transporting goods. The term "Disposable Plastic Bag" does not include: 1. Bags provided by pharmacists to contain prescription drugs; 2. Newspaper bags, door -hanger bags, laundry -dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags; 3. Reusable Bags; 4. Disposable Paper Bags; or 2 5. Bags used by consumers inside stores to: a. Package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; b. Contain or wrap frozen foods, meat, or fish, regardless of whether the items are prepackaged; C. Contain or wrap flowers, potted plants, or other items where dampness may be a problem; or d. Contain unwrapped prepared foods or bakery goods. GROCER: a retail business that is located in a permanent building in the Town containing at least four thousand (4,000) square feet of retail space, that operates year round as a full -line, self-service market offering for sale staple foodstuffs, meats, produce, or other perishable items for off -premise human consumption, but does not include businesses at which foodstuffs are an incidental part of the business. INCIDENTAL: when food sales comprise no more than two percent (2%) of the gross sales of the business in the Town as measured by the dollar value of food sales as a percentage of the dollar value of total sales at any single location. REUSABLE BAG: a bag that: 1. Is designed and manufactured to withstand repeated uses over a period of time; 2. Is made from a material that can be cleaned and disinfected regularly; 3. Is at least two and one-quarter (2.25) mils thick if made from plastic; and 4. Has the capability of carrying a minimum of eighteen pounds. 5-13-3: RESTRICTIONS ON THE DISTRIBUTION OF DISPOSABLE BAGS. 3 A. Effective August 1, 2015, all Grocers shall only offer either a Reusable Bag or a Disposable Paper Bag to a consumer pursuant the fees established in Section 5-13-5. B. Effective August 1, 2015, it shall be unlawful for any Grocer to provide Disposable Plastic Bags to customers at any point of sale. Nothing in this Section shall prohibit persons or Grocers from making Reusable Bags available to customers for sale or without cost. C. Violations of this Section shall be subject the offending person and/or business to the penalties set forth in Section 5-13-9. 5-13-4: RESERVED. 5-13-5: DISPOSABLE PAPER BAG FEE PROGRAM A. Effective August 1, 2015, a consumer making a purchase from a Grocer shall pay at the time of purchase a Disposable Paper Bag Fee of $.10 for each Disposable Paper Bag used during a purchase. B. Grocers shall record the number of disposable paper bags provided to any given customer and the total amount of the Disposable Paper Bag Fee charged to the customer on the customer transaction receipt. C. No Grocer may provide a rebate or in any way reimburse a customer for any part of the Disposable Paper Bag Fee. D. No Grocer may exempt a customer from any part of the Disposable Paper Bag Fee for any reason except as provided in Section 5-13-7. E. Nothing in this Chapter shall prohibit Grocers from providing incentives for the use of reusable bags through credits or rebates for customers who bring their own bags to the point of sale for the purpose of carrying away goods. F. Nothing in this Chapter shall prohibit customers from using bags of any type that the customers bring into the store or from carrying away goods purchased by such customers that are not placed in a bag. G. Any store or business in the Town may voluntarily opt to participate in the Disposable Paper Bag Fee Program by providing notice to the Town of Vail Community Development Department and collecting the Disposable Paper Bag Fee pursuant to this Chapter. 4 5-13-6: RETENTION AND ADMINISTRATION OF DISPOSABLE PAPER BAG FEE A. For the first twelve (12) months following the effective date of the Disposable Paper Bag Fee, each Grocer may retain twenty percent (20%) of the Disposable Paper Bag Fee as a collection and remittance expense ("Vendor Fee") to be taken as a Grocer credit against the Disposable Paper Bag Fee due to the Town. Thereafter the entirety of all collected Disposable Bag Fees shall be remitted to the Town. B. Any Vendor Fee retained by a Grocer shall be used to: 1. Provide educational information to customers about the Disposable Paper Bag Fee; 2. Train staff in the implementation and administration of the Disposable Paper Bag Fee; and 3. Improve or alter infrastructure to allow for the administration, collection, implementation, and reporting of the Disposable Paper Bag Fee. C. The remaining portion of the Disposable Paper Bag Fee shall be paid to the Town and shall be deposited as revenue in a designated waste reduction and reusable line item within the Town's budget for the following purposes such as but not limited to: 1. Producing and providing reusable bags to Town residents and guests; 2. Educating Town residents, businesses and guests about the impacts of waste on the Town's environmental health, the importance of reducing the number of disposable bags entering the waste stream, and the impact of disposable bags on the Town's waterways and the environment; 3. Creating public educational campaigns to raise awareness about waste reduction and recycling; 4. Funding programs and infrastructure that allows the Vail community to reduce waste and recycle; 5 5. Purchasing and installing equipment designed to minimize waste pollution, including recycling containers and waste receptacles; 6. Funding community cleanup or collection events and other activities to reduce waste; 7. Maintaining a public website for the purpose of educating the Town's residents and guests on waste reduction efforts; and 8. Paying for the administration of the Disposable Paper Bag Fee Program. D. A Grocer shall pay and the Town shall collect the Disposable Paper Bag Fee at the same time and pursuant to all applicable provisions of the Town's sales tax code, and consistent with all applicable sales tax provisions regarding sales tax administration, collection and enforcement. The Town shall provide the necessary forms for Grocers to file individual returns with the Town separate from the Town's sales tax forms to demonstrate compliance with the Disposable Paper Bag fee. Notwithstanding the fact that the Disposable Paper Bag Fee will be collected in the same time and manner used for the collection of sales tax, such process is for the convenience of the Grocer and does not change the nature of the Disposable Paper Bag Fee from a fee to a tax. E. Disposable Paper Bag Fees shall not supplant funds appropriated as part of an approved annual budget. F. No Disposable Paper Bag Fees shall revert to the General Fund at the end of the fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in this Chapter without regard to fiscal year limitation. 5-13-7: EXEMPTIONS. A. A Grocer may provide a Disposable Paper Bag to a customer with no fee if the customer provides proof that he or she is a participant in a federal or state Food Assistance Program. B. A retail liquor store, as defined in C.R.S. § 12-47-103(31), may provide a Disposable Paper Bag to a customer with no fee if the Disposable Paper Bag is provided for the containment of carry -out alcoholic beverages as defined in C.R.S. § 12-47-103(2). N 5-13-8: AUDITS. A. Each Grocer shall maintain accurate and complete records of the Disposable Paper Bag Fees collected under the provisions of this Chapter and the number of Disposable Paper Bags provided to customers, and shall also maintain such books, accounts, invoices, or other documentation necessary to verify the accuracy and completeness of such records. It shall be the duty of each Grocer to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records. B. If requested, each Grocer shall make the foregoing records available for inspection and audit by the Town during regular business hours so that the Town may verify compliance with the provisions of this Chapter. To the extent permitted by law, all such records shall be treated as confidential commercial information. 5-13-9: VIOLATIONS AND PENALTIES. A. It is unlawful for any Grocer to refuse or neglect to collect the Disposable Paper Bag Fee set forth in this Chapter. B. Any person or business that refuses or neglects to comply with this Chapter shall be subject to the following penalties: 1. Upon the first violation, a penalty assessment in the amount of fifty dollars ($50.00); 2. Upon a second violation in the same calendar year of the first violation, a penalty assessment in the amount of one hundred dollars ($100.00); and 3. Upon a third or subsequent violation in the same calendar year of the earlier violations, a penalty assessment of three hundred dollars ($300.00). C. Each violation of this Chapter shall constitute a separate offense and shall be punished accordingly. 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 rA or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of February, 2015 and a public hearing for second reading of this Ordinance set for the 3rd day of March, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk E-? Andrew P. Daly, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that 1 published in full a true and correct copy of Ordinance No. 2 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 4T" day of March, 2015. Witness my hand and seal this '�i +` day of �a,.,�.c_ , 2015. amm el D k (seal) ORDINANCE NO. 2 SERIES 2015 AN ORDINANCE ADOPTING A NEW CHAPTER 13 OF TITLE 5 OF THE VAIL TOWN CODE ESTABLISHING DISPOSABLE BAG REQUIREMENTS, INCLUDING A DISPOSABLE PAPER BAG FEE AND PROVIDING FOR THE COLLECTION AND DESIGNATION OF SUCH FEE. WHEREAS, the Town of Vail, Colorado (the "Town") is a home rule municipality existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's Home Rule Charter; WHEREAS, the Town has a duty to protect the natural environment, the economy and health of its citizens and guests and the Town is committed to environmental protection and stewardship; WHEREAS, reducing the use of disposable bags has a positive impact on the local environment of the Town, including reducing the potential for pollution in the environment, greenhouse gas emissions, litter, harm to wildlife, water consumption, energy consumption and solid waste generation; WHEREAS, as the Eagle County landfill reaches permitted capacity, it is becoming more difficult and expensive to site, permit and develop new landfill capacity, and plastic bags create operational problems at the Eagle County Materials Recovery Facility; WHEREAS, through the adoption of the Environmental Sustainability Strategic Plan, the Town has established goals of reducing the waste going to the landfill by 25 percent by 2019, and reducing community greenhouse gas emissions by 20 percent by 2020; WHEREAS, diverting plastic waste from the landfill is a cost effective and efficient ways of reducing greenhouse gas emissions resulting from energy and petroleum products used in processing; WHEREAS, the Town Council believes that the best alternative to the continued use of disposable bags is to promote the use of more durable, reusable bags; and WHEREAS, the Town Council finds and determines that prohibiting disposable plastic bags and requiring a charge for the use of disposable paper bags at grocers would help address the environmental and health problems associated with such use, would relieve Town taxpayers of the costs incurred by the Town in conjunction therewith, and would be in the best interest of the public health, safety and welfare. 1 3/5/2015 5:�COMMUNITYDEVELOPMENnCOUNCIL�ORDINANCES�l5�ORDINANCE NO. 2 SERIES 2015 DISPOSABLE BAGS- 0030315.DOCX NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 5 of the Vail Town Code is hereby amended by the addition of a new Chapter 13, to read as follows: CHAPTER 13 DISPOSABLE BAG REQUIREMENTS 5-13-1: PURPOSE AND INTENT: The purposes of this Chapter are to protect the public health, safety and welfare, to address the environmental problems associated with disposable bags, and to relieve the Town taxpayers of the costs imposed upon the Town associated with disposable bags. The intent of the Chapter is to encourage the use of reusable bags. 5-13-2: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meanings: DISPOSABLE PAPER BAG: a bag made predominately of paper that is provided to a customer by a Grocer at the point of sale for the purpose of transporting goods. DISPOSABLE PAPER BAG FEE: a Town fee of $.10 imposed and required to be paid by each consumer making a purchase from a Town Grocer for each disposable paper bag used during the purchase. DISPOSABLE PLASTIC BAG: a bag made from either non- compostable plastic or compostable plastic provided by a Business to a customer at the point of sale for the purpose of transporting goods. The term "Disposable Plastic Bag" does not include: 1. Bags provided by pharmacists to contain prescription drugs; 2. Newspaper bags, door -hanger bags, laundry -dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags; 3. Reusable Bags; 4. Disposable Paper Bags; or 2 3/5/2015 S:ICOMMUNITY DEVELOPMENTACOUNCIL IORDINANCES�151ORDINANCE NO. 2 SERIES 2015 DISPOSABLE BAGS- 0030315.DOCX 5. Bags used by consumers inside stores to: a. Package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; b. _ ___ Contain - or --wrap frozen foods, meat, or - fish, _ regardless of whether the items are prepackaged; C. Contain or wrap flowers, potted plants, or other items where dampness may be a problem; or d. Contain unwrapped prepared foods or bakery goods. GROCER: a retail business that is located in a permanent building in the Town containing at least four thousand (4,000) square feet of retail space, that operates year round as a full -line, self-service market offering for sale staple foodstuffs, meats, produce, or other perishable items for off -premise human consumption, but does not include businesses at which foodstuffs are an incidental part of the business. INCIDENTAL: when food sales comprise no more than two percent (2%) of the gross sales of the business in the Town as measured by the dollar value of food sales as a percentage of the dollar value of total sales at any single location. REUSABLE BAG: a bag that: 1. Is designed and manufactured to withstand repeated uses over a period of time; 2. Is made from a material that can be cleaned and disinfected regularly; 3. Is at least two and one-quarter (2.25) mils thick if made from plastic; and 4. Has the capability of carrying a minimum of eighteen pounds. 5-13-3: RESTRICTIONS ON THE DISTRIBUTION OF DISPOSABLE BAGS. 3 3/5/2015 5:�COMMUNITYDEVELOPMENnCOUNCIL�ORDINANCES�l5�ORDINANCE NO. 2 SERIES 2015 DISPOSABLE BAGS- 0030315.DOCX A. Effective August 1, 2015, all Grocers shall only offer either a Reusable Bag or a Disposable Paper Bag to a consumer pursuant the fees established in Section 5-13-5. B. Effective August 1, 2015, it shall be unlawful for any Grocer to provide Disposable Plastic Bags to customers at any point of sale. Nothing in this Section shall prohibit persons or Grocers from making Reusable Bags available to customers for sale or without cost. C. Violations of this Section shall be subject the offending person and/or business to the penalties set forth in Section 5-13-9. 5-13-4: RESERVED. 5-13-5: DISPOSABLE PAPER BAG FEE PROGRAM A. Effective August 1, 2015, a consumer making a purchase from a Grocer shall pay at the time of purchase a Disposable Paper Bag Fee of $.10 for each Disposable Paper Bag used during a purchase. B. Grocers shall record the number of disposable paper bags provided to any given customer and the total amount of the Disposable Paper Bag Fee charged to the customer on the customer transaction receipt. C. No Grocer may provide a rebate or in any way reimburse a customer for any part of the Disposable Paper Bag Fee. D. No Grocer may exempt a customer from any part of the Disposable Paper Bag Fee for any reason except as provided in Section 5-13-7. E. Nothing in this Chapter shall prohibit Grocers from providing incentives for the use of reusable bags through credits or rebates for customers who bring their own bags to the point of sale for the purpose of carrying away goods. F. Nothing in this Chapter shall prohibit customers from using bags of any type that the customers bring into the store or from carrying away goods purchased by such customers that are not placed in a bag. G. Any store or business in the Town may voluntarily opt to participate in the Disposable Paper Bag Fee Program by providing notice to the Town of Vail Community Development Department and collecting the Disposable Paper Bag Fee pursuant to this Chapter. 4 3/5/2015 S: I COMMUNITY DEVELOPMENn COUNCIL I ORDINANCESI 15 1 ORDINANCE NO. 2 SERIES 2015 DISPOSABLE BAGS- 0030315.DOCX 5-13-6: RETENTION AND ADMINISTRATION OF DISPOSABLE PAPER BAG FEE A. For the first twelve (12) months following the effective date of the Disposable Paper Bag Fee, each Grocer may retain twenty percent (20%) of the Disposable Paper Bag Fee as a collection and remittance expense ("Vendor Fee") to be taken as a Grocer credit against the Disposable Paper Bag Fee due to the Town. Thereafter the entirety of all collected Disposable Bag Fees shall be remitted to the Town. B. Any Vendor Fee retained by a Grocer shall be used to: 1. Provide educational information to customers about the Disposable Paper Bag Fee; 2. Train staff in the implementation and administration of the Disposable Paper Bag Fee; and 3. Improve or alter infrastructure to allow for the administration, collection, implementation, and reporting of the Disposable Paper Bag Fee. C. The remaining portion of the Disposable Paper Bag Fee shall be paid to the Town and shall be deposited as revenue in a designated waste reduction and reusable line item within the Town's budget for the following purposes such as but not limited to: 1. Producing and providing reusable bags to Town residents and guests; 2. Educating Town residents, businesses and guests about the impacts of waste on the Town's environmental health, the importance of reducing the number of disposable bags entering the waste stream, and the impact of disposable bags on the Town's waterways and the environment; 3. Creating public educational campaigns to raise awareness about waste reduction and recycling; 4. Funding programs and infrastructure that allows the Vail community to reduce waste and recycle; 5 3/5/2015 S:ICOMMUNITYDEVELOPMENTACOUNCIL�ORDINANCES�l5�ORDINANCE NO. 2 SERIES 2015 DISPOSABLE BAGS- 0030315.DOCX 5. Purchasing and installing equipment designed to minimize waste pollution, including recycling containers and waste receptacles; 6. Funding community cleanup or collection events and other activities to reduce waste; 7. Maintaining a public website for the purpose of educating the Town's residents and guests on waste reduction efforts; and 8. Paying for the administration of the Disposable Paper Bag Fee Program. D. A Grocer shall pay and the Town shall collect the Disposable Paper Bag Fee at the same time and pursuant to all applicable provisions of the Town's sales tax code, and consistent with all applicable sales tax provisions regarding sales tax administration, collection and enforcement. The Town shall provide the necessary forms for Grocers to file individual returns with the Town separate from the Town's sales tax forms to demonstrate compliance with the Disposable Paper Bag fee. Notwithstanding the fact that the Disposable Paper Bag Fee will be collected in the same time and manner used for the collection of sales tax, such process is for the convenience of the Grocer and does not change the nature of the Disposable Paper Bag Fee from a fee to a tax. E. Disposable Paper Bag Fees shall not supplant funds appropriated as part of an approved annual budget. F. No Disposable Paper Bag Fees shall revert to the General Fund at the end of the fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in this Chapter without regard to fiscal year limitation. 5-13-7: EXEMPTIONS. A. A Grocer may provide a Disposable Paper Bag to a customer with no fee if the customer provides proof that he or she is a participant in a federal or state Food Assistance Program. B. A retail liquor store, as defined in C.R.S. § 12-47-103(31), may provide a Disposable Paper Bag to a customer with no fee if the Disposable Paper Bag is provided for the containment of carry -out alcoholic beverages as defined in C.R.S. § 12-47-103(2). 6 3/5/2015 S:ICOMMUNITYDEVELOPMENn COUNCIL � ORDINANCESI 15k ORDINANCE NO. 2 SERIES 2015 DISPOSABLE BAGS- 0030315.DOCX 5-13-8: AUDITS. A. Each Grocer shall maintain accurate and complete records of the Disposable Paper Bag Fees collected under the provisions of this Chapter and the number of Disposable Paper Bags provided to customers, and shall also maintain such books, accounts, invoices, or other documentation necessary to verify the accuracy and completeness of such records. It shall be the duty of each Grocer to keep and preserve all such documents and records, including any electronic information, for a period of three (3) years from the end of the calendar year of such records. B. If requested, each Grocer shall make the foregoing records available for inspection and audit by the Town during regular business hours so that the Town may verify compliance with the provisions of this Chapter. To the extent permitted by law, all such records shall be treated as confidential commercial information. 5-13-9: VIOLATIONS AND PENALTIES. A. It is unlawful for any Grocer to refuse or neglect to collect the Disposable Paper Bag Fee set forth in this Chapter. B. Any person or business that refuses or neglects to comply with this Chapter shall be subject to the following penalties: 1. Upon the first violation, a penalty assessment in the amount of fifty dollars ($50.00); 2. Upon a second violation in the same calendar year of the first violation, a penalty assessment in the amount of one hundred dollars ($100.00); and 3. Upon a third or subsequent violation in the same calendar year of the earlier violations, a penalty assessment of three hundred dollars ($300.00). C. Each violation of this Chapter shall constitute a separate offense and shall be punished accordingly. 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 7 3/5/2015 S:ICOMMUNITYDEVELOPMENnCOUNCIL�ORDINANCES115�ORDINANCE NO. 2 SERIES 2015 DISPOSABLE BAGS- 0030315.DOCX or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of February, 2015 and a public hearing for second reading of this Ordinance set for the 3rd day of March, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of March, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 8 3/5/2015 S:�COMMUNITY DEVELOPMENn COUNCIL � ORDINANCES�15 I ORDINANCE NO. 2 SERIES 2015 DISPOSABLE BAGS- 0030315.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 4T" day of March, 2015. Witness my hand and seal this day of , 2015. ORDINANCE NO. 3 SERIES 2015 AN ORDINANCE AMENDING SECTIONS 3-3-2 and 3-3-3 OF THE VAIL TOWN CODE TO REDUCE THE MINIMUM REQUIRED NUMBER OF ARTS BOARD MEMBERS FROM NINE TO SEVEN WHEREAS, the Town Code currently requires a minimum of nine (9) board members to sit on the Arts Board at any given time; and WHEREAS, the Town Council desires to reduce the minimum required number of Arts Board members to seven (7). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 3-3-2 of the Vail Town Code is hereby amended to read as follows: 3-3-2: Appointment: The town council hereby appoints the Vail arts board composed of seven ei4e (97) members who shall act in accordance with the charter, this chapter, the direction of the town council, the ordinances of the town and shall be appointed and serve as provided in this chapter. Section 2. Section 3-3-3 of the Vail Town Code is hereby amended to read as follows: 3-3-3: Membership; Terms: The arts board shall consist of seven PiRe (79) members appointed by the town council. In addition, the arts board may consist of honorary advisory members who shall not have the power to vote on issues which come before the board. The number and term of such advisory members shall be at the discretion of the town council. All members of the arts board shall be individuals who have demonstrated interest or expertise in architecture, art criticism, art education, art history, foreign arts, graphic arts, interior design, landscape architecture, town planning, or other art and design related fields, or who have demonstrated a strong interest in the visual arts and civic improvement. All members shall either be residents of the town, or own property within the town. The terms of the arts board shall be two (2) years on an overlapping basis and shall expire on March 31 of the year of termination. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it Ordinance No. 3, Series of 2015 _n r would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council -hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The 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 PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of March, 2015 and a public hearing for second reading of this Ordinance set for the 17th day of March, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk Ordinance No. 3, Series of 2015 Andrew P. Daly, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 18TH day of March, 2015. Witness my hand and seal this %� day of favi, , 2015. Tmmy N el k (seal) ORDINANCE NO. 3 SERIES 2015 AN ORDINANCE AMENDING SECTIONS 3-3-2 and 3-3-3 OF THE VAIL TOWN CODE TO REDUCE THE MINIMUM REQUIRED NUMBER OF ARTS BOARD MEMBERS FROM NINE TO SEVEN WHEREAS, the Town Code currently requires a minimum of nine (9) board members to sit on the Arts Board at any given time; and WHEREAS, the Town Council desires to reduce the minimum required number of Arts Board members to seven (7). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 3-3-2 of the Vail Town Code is hereby amended to read as follows: 3-3-2: Appointment: The town council hereby appoints the Vail arts board composed of seven +tee (97) members who shall act in accordance with the charter, this chapter, the direction of the town council, the ordinances of the town and shall be appointed and serve as provided in this chapter. Section 2. Section 3-3-3 of the Vail Town Code is hereby amended to read as follows: 3-3-3: Membership; Terms: The arts board shall consist of seven nine (78) members appointed by the town council. In addition, the arts board may consist of honorary advisory members who shall not have the power to vote on issues which come before the board. The number and term of such advisory members shall be at the discretion of the town council. All members of the arts board shall be individuals who have demonstrated interest or expertise in architecture, art criticism, art education, art history, foreign arts, graphic arts, interior design, landscape architecture, town planning, or other art and design related fields, or who have demonstrated a strong interest in the visual arts and civic improvement. All members shall either be residents of the town, or own property within the town. The terms of the arts board shall be two (2) years on an overlapping basis and shall expire on March 31 of the year of termination. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it Ordinance No. 3, Series of 2015 would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The 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 PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of March, 2015 and a public hearing for second reading of this Ordinance set for the 17th day of March, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of March, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 3, Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4 Series of 2015, on the Town of Vail's web site, www.vail.gov.com, on the 18TH day of March, 2015. Witness my hand and seal this )8+1-- day of rn 2015. C ---P Tammy ag I Jerk (seal) ORDINANCE NO.4 SERIES 2015 AN ORDINANCE PROTECTING CERTAIN STREAM TRACT PROPERTY IN THE TOWN BY PROHIBITING THE INSTALLATION OR MAINTENANCE OF PRIVATE IMPROVEMENTS ON SUCH PROPERTY WHEREAS, the Town is the owner of certain real property consisting of natural riparian area along the creeks and streams within the Town; WHEREAS, the Town is committed to environmental protection and stewardship and open space conservation; WHEREAS, over time, private improvements such as landscaping, patios and other improvements from properties adjacent to stream tracts have been constructed and maintained within the Town's riparian areas without permission or authorization from the Town; WHEREAS, these private encroachments are not in keeping with the use of stream tracts as naturalized open space, and further, such private improvements significantly damage these sensitive riparian areas and impede their use and enjoyment as public open space; and WHEREAS, pursuant to the Town's authority to regulate for the public health, safety and welfare, the Town Council desires to clarify that Town stream tracts shall be used solely and exclusively as natural open space, and private improvements or encroachments of any kind are prohibited in these areas without the prior written authorization of the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. To protect the public health, safety and welfare by regulating sensitive stream tract areas in the Town, the Town Council hereby declares that Tract C shown on the Plat for Vail Village, Eleventh Filing shall be used solely and exclusively for natural open space purposes and shall be maintained at all times as vacant and undisturbed land in its natural condition, or for limited public pedestrian or passive recreational uses as may be determined by the Town to be consistent with the use of stream tract as natural open space. Section 2. No person other than the Town shall erect, construct or maintain, or cause or permit the erection, construction or maintenance of, any encroachment on or within Tract C, including any area designated as an easement thereon. Encroachments prohibited by this ordinance mean a private improvement of any kind located in Tract C, whether temporary or permanent in nature, including without limitation landscaping, irrigation systems, garden improvements, patios, decks, fencing, retaining walls, sheds, pathways, gravel, concrete, outdoor furniture, benches and play equipment. Encroaching activities prohibited by this ordinance also include mowing, trimming or Ordinance No. 4, Series of 2015 1 . a cutting any grasses, trees or other vegetation in Tract C by any person other than the Town or without the Town's authorization. Section 3. Notwithstanding the foregoing, the Town may authorize an encroachment on Tract C, upon a finding by the Town Council that the encroachment is not inconsistent with the designated uses of the stream tract and will not detrimentally impact the stream tract's environmental values. Such authorization shall be evidenced by a resolution adopted by the Town Council and recorded in the real property records of Eagle County. Section 4. The Town Council hereby finds, determines and declares that this ordinance enacting provisions for the protection of stream tracts in the Town, including specifically Tract C of the Vail Village, Eleventh Filing, is in accordance and harmony with those certain deed restrictions set forth in the deed from the Vail Corporation to the Town of Vail dated December 21, 1999, by which the Town acquired Tract C and which expressly provides in Section 1.1.b of Exhibit B to the deed that the Town may further restrict the uses on and within Tract C consistent with the purpose of Tract C as natural open space. To the extent that private improvements are not otherwise already prohibited on Tract C, this ordinance shall constitute the Town's further restriction on Tract C, expressly prohibiting such private improvements. Section 5. 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 declared invalid. Section 6. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2015 and a public hearing for second reading of this Ordinance set for the day of , 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk Ordinance No. 4, Series of 2015 2 Andrew P. Daly, Mayor 16. READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2015. ATTEST: Patty McKenny, Town Clerk Ordinance No. 4, Series of 2015 3 Andrew P. Daly, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 8T" day of April, 2015. Witness my hand and seal this day of 2015. Tam el Deputy Clerk (seal) ORDINANCE NO. 4 SERIES 2015 AN ORDINANCE PROTECTING CERTAIN STREAM TRACT PROPERTY IN THE TOWN BY PROHIBITING THE INSTALLATION OR MAINTENANCE OF PRIVATE IMPROVEMENTS ON SUCH PROPERTY WHEREAS, the Town is the owner of certain real property consisting of natural riparian area along the creeks and streams within the Town; WHEREAS, the Town is committed to environmental protection and stewardship and open space conservation; WHEREAS, over time, private improvements such as landscaping, patios and other improvements from properties adjacent to stream tracts have been constructed and maintained within the Town's riparian areas without permission or authorization from the Town; WHEREAS, these private encroachments are not in keeping with the use of stream tracts as naturalized open space, and further, such private improvements significantly damage these sensitive riparian areas and impede their use and enjoyment as public open space; and WHEREAS, pursuant to the Town's authority to regulate for the public health, safety and welfare, the Town Council desires to clarify that Town stream tracts shall be used solely and exclusively as natural open space, and private improvements or encroachments of any kind are prohibited in these areas without the prior written authorization of the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. To protect the public health, safety and welfare by regulating sensitive stream tract areas in the Town, the Town Council hereby declares that Tract C shown on the Plat for Vail Village, Eleventh Filing shall be used solely and exclusively for natural open space purposes and shall be maintained at all times as vacant and undisturbed land in its natural condition, or for limited public pedestrian or passive recreational uses as may be determined by the Town to be consistent with the use of stream tract as natural open space. Section 2. No person other than the Town shall erect, construct or maintain, or cause or permit the erection, construction or maintenance of, any encroachment on or within Tract C, including any area designated as an easement thereon. Encroachments prohibited by this ordinance mean a private improvement of any kind located in Tract C, whether temporary or permanent in nature, including without limitation landscaping, irrigation systems, garden improvements, patios, decks, fencing, retaining walls, sheds, pathways, gravel, concrete, outdoor furniture, benches and play equipment. Encroaching activities prohibited by this ordinance also include mowing, trimming or Ordinance No. 4, Series of 2015 1 cutting any grasses, trees or other vegetation in Tract C by any person other than the Town or without the Town's authorization. Section 3. Notwithstanding the foregoing, the Town may authorize an encroachment on Tract C, upon a finding by the Town Council that the encroachment is not inconsistent with the designated uses of the stream tract and will not detrimentally impact the stream tract's environmental values. Such authorization shall be evidenced by a resolution adopted by the Town Council and recorded in the real property records of Eagle County. Section 4. The Town Council hereby finds, determines and declares that this ordinance enacting provisions for the protection of stream tracts in the Town, including specifically Tract C of the Vail Village, Eleventh Filing, is in accordance and harmony with those certain deed restrictions set forth in the deed from the Vail Corporation to the Town of Vail dated December 21, 1999, by which the Town acquired Tract C and which expressly provides in Section 1.1.b of Exhibit B to the deed that the Town may further restrict the uses on and within Tract C consistent with the purpose of Tract C as natural open space. To the extent that private improvements are not otherwise already prohibited on Tract C, this ordinance shall constitute the Town's further restriction on Tract C, expressly prohibiting such private improvements. Section 5. 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 declared invalid. Section 6. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of March, 2015 and a public hearing for second reading of this Ordinance set for the 7th day of April, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 4, Series of 2015 2 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of April, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 4, Series of 2015 3 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 8T" day of April, 2015. Witness my hand and seal this Tammy g I Tammy day ofA , 2015. � _Q (seal) ORDINANCE NO. 5 SERIES OF 2015 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEAVY EQUIPMENT FUND, AND TIMBER RIDGE ENTERPRISE FUND OF THE 2015 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2015 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 18, Series of 2014, adopting the 2015 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2014 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (48,000) Capital Projects Fund 6,156,234 Real Estate Transfer Tax Fund 16,029,798 Heavy Equipment Fund 415,954 Timber Ridge Enterprise Fund 572,000 Total $ 23,125,986 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 5, Series of 2015 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of April, 2015, and a public hearing shall be held on this Ordinance on the 21st day of April, 2015, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 5, Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of April, 2015. Witness my hand and seal this Z' day of 12015. Tammygel' Deputy_, ---�- (seal) ORDINANCE NO. 5 SERIES OF 2015 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEAVY EQUIPMENT FUND, AND TIMBER RIDGE ENTERPRISE FUND OF THE 2015 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2015 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 18, Series of 2014, adopting the 2015 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2014 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 47,000 Capital Projects Fund 5,704,283 Real Estate Transfer Tax Fund 16,104,798 Heavy Equipment Fund 415,954 Timber Ridge Enterprise Fund 572,000 Total $ 22,844,035 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 5, Series of 2015 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of April, 2015, and a public hearing shall be held on this Ordinance on the 21st day of April, 2015, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21st day of April 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 5, Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of June, 2015. of� �."„�� , 2015. `t J (seal) ORDINANCE NO. 6 SERIES 2015 AN ORDINANCE AMENDING TITLE 5 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 13, ENTITLED "STREAM TRACT PROTECTION", TO PROHIBIT PRIVATE IMPROVEMENTS ON STREAM TRACT PROPERTY IN THE TOWN WHEREAS, the Town of Vail (the "Town") is the owner of certain real property consisting of natural riparian area along the creeks and streams within the Town; WHEREAS, the Town is committed to environmental protection and stewardship, open space conservation and ecosystem health; WHEREAS, over time, private encroachments such as landscaping, patios and other improvements from properties adjacent to stream tracts have been constructed and maintained within the Town's riparian areas without permission or authorization from the Town; WHEREAS, these private encroachments are not in keeping with the use of stream tracts as naturalized open space, and further, such private improvements significantly damage these sensitive riparian areas and impede their use and enjoyment as public open space; WHEREAS, for example, in 1999 the Town of Vail acquired the parcel shown as Tract C on the Plat for Vail Village, Eleventh Filing, which is situated immediately adjacent to Gore Creek along the southernmost boundary of the Eleventh Filing; WHEREAS, the deed by which the Town acquired Tract C provides that the Town may further restrict the uses on and within Tract C; WHEREAS, pursuant to the Town's authority to regulate for the public health, safety and welfare, the Town Council desires to clarify that Town stream tracts shall be used primarily as natural open space, and private encroachments are prohibited in these areas; and WHEREAS, to protect such stream tracts, the Town Council desires to amend the Vail Town Code through the addition of a new Chapter 13 to Title 5. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 5 of the Vail Town Code is hereby amended by the addition of a new Chapter 13, to read as follows: 1 6/3/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 6, SERIES OF 2015 -FIRST READING STREAM TRACT ENCROACHMENT.DOCX Chapter 13 STREAM TRACT PROTECTION 5-13-1: PURPOSE: The purpose of this Chapter is to protect the public health, safety and welfare by regulating sensitive stream tract areas in the Town, prohibiting private encroachments in such areas and ensuring that such areas remain natural open space. 5-13-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: DIRECTOR: The Community Development Director or designee. ENCROACHMENT: A private improvement of any kind located in the stream tract, whether temporary or permanent in nature, including without limitation landscaping, irrigation systems, garden improvements, patios, decks, fencing, retaining walls, sheds, pathways, gravel, concrete, outdoor furniture, benches and play equipment. STREAM TRACT: A lot, tract or parcel of real property located in the Town, owned by the Town and situated along or adjacent to a creek, stream or other natural waterway. 5-13-3: USE OF STREAM TRACT: Except as otherwise expressly provided in this Chapter, every stream tract shall be used primarily for natural open space purposes, or for limited public, pedestrian or recreational uses as may be determined by the Town to be appropriate for the stream tract. 5-13-4: ENCROACHMENTS PROHIBITED: A. No person other than the Town shall erect, construct or maintain, or cause or permit the erection, construction or maintenance of, any encroachment on a stream tract. B. Notwithstanding the foregoing, the Town may authorize an encroachment on a stream tract, upon a finding by the Town Council that the encroachment is not inconsistent with the designated uses of the stream tract and will not detrimentally impact the environmental values of the stream tract. Such authorization shall be evidenced by a resolution adopted by the Town Council and recorded in the real property records of Eagle County. 2 6/3/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 6, SERIES OF 2015 -FIRST READING STREAM TRACT ENCROACHMENT.DOCX 5-13-5: REMOVAL OF VEGETATION PROHIBITED: It is unlawful for any person other than the Town to mow, trim, cut or remove any grasses, trees or other vegetation in a stream tract without prior written authorization from the Director, which authorization may be withheld if the Director determines, in the Director's sole discretion, that such activity would be detrimental to environmental value of the stream tract. 5-13-6: NOTICE OF VIOLATION: A. If the Director determines that there is an encroachment onto a stream tract in violation of this Chapter, the Director shall provide written notice of the violation, by first-class U.S. mail to the record owner of the adjacent real property or the owner of the encroachment, if different, at the owner's last known address. B. The notice shall: 1. Advise the owner of the nature of the unlawful encroachment; 2. Advise the owner of Town -approved methods for the removal of the encroachment and any rehabilitation required to restore the stream tract to its natural condition; and 3. Advise the owner that the encroachment shall be removed and the stream tract restored to its natural condition completed within thirty (30) days following the date of the notice. C. If the owner disputes that a violation exists, the owner shall notify the Director in writing of such dispute within seven (7) days of the date of the notice. If a timely notice of dispute is given, the Town shall not proceed with abatement until the Director has met with the disputing party in an effort to resolve the dispute. If the Director meets with the owner and is unable to resolve the dispute, and the owner fails to comply with the notice as described above, the Town may proceed with abatement pursuant to Section 5-13-7. 5-13-7: ABATEMENT: A. If the owner fails to timely and fully comply with the notice described in Section 5-13-6, the Town may complete the removal of the encroachment and the associated restoration activities and recover its costs as provided in subsection D hereof. 3 6/3/2015 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 6, SERIES OF 2015 -FIRST READING STREAM TRACT ENCROACHMENT.DOCX B. The Town shall not be responsible for any property loss or damage that occurs in connection with abatement pursuant to this Section. C. In the case of an emergency involving imminent danger to the public health, safety or welfare, the Town may authorize the immediate removal of any encroachments without notice. D. The owner shall be assessed twice the entire cost of removal of the encroachments and restoration activities. If all costs and charges incurred by the Town are not paid within thirty (30) days of the date of the assessment, the unpaid costs shall be certified to the Eagle County Treasurer for collection in the same manner as real property taxes. 5-13-8: VIOLATION AND PENALTY: A. It is unlawful for any person to violate any provision of this Chapter. Each separate act in violation of this Chapter, or each and every day or portion thereof during which any separate act in violation of this Chapter is committed, continued or permitted, shall be deemed a separate offense. B. Violations of this Chapter shall be punished as follows, and such penalties shall not be waived, reduced or deferred by the Municipal Court: First offense in any 12 -month period: $100. Second offense in any 12 -month period: $200. Third offense in any 12 -month period: mandatory appearance in the Municipal Court and the General Penalty provided in Section 1- 4-1. C. Town police officers and code enforcement officers are authorized to issue a summons and complaint for a violation of this Chapter. D. The penalties in this Section shall not be the Town's exclusive remedies for addressing encroachments on a stream tract, and nothing in this Section shall preclude any other remedy or penalty for addressing encroachments on Town -owned property. A person may be charged with a violation of this Chapter as well as trespass or any other applicable criminal violation. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it 4 6/3/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 6, SERIES OF 2015 -FIRST READING STREAM TRACT ENCROACHMENT.DOCX would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of June, 2015 and a public hearing for second reading of this Ordinance set for the day of , 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor WINaIX39 Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 5 6/3/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 6, SERIES OF 2015 -FIRST READING STREAM TRACT ENCROACHMENT.DOCX PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 17th day of June, 2015. Witness my hand and seal this --day of �� , 2015. Ta my Na Depu y erk (seal) ORDINANCE NO. 6 SERIES 2015 AN ORDINANCE AMENDING TITLE 5 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 13, ENTITLED "STREAM TRACT PROTECTION", TO PROHIBIT PRIVATE IMPROVEMENTS ON STREAM TRACT PROPERTY IN THE TOWN WHEREAS, the Town of Vail (the "Town") is the owner of certain real property consisting of natural riparian area along the creeks and streams within the Town; WHEREAS, the Town is committed to environmental protection and stewardship, open space conservation and ecosystem health; WHEREAS, over time, private encroachments such as landscaping, patios and other improvements from properties adjacent to stream tracts have been constructed and maintained within the Town's riparian areas without permission or authorization from the Town; WHEREAS, these private encroachments are not in keeping with the use of stream tracts as naturalized open space, and further, such private improvements significantly damage these sensitive riparian areas and impede their use and enjoyment as public open space; WHEREAS, for example, in 1999 the Town of Vail acquired the parcel shown as Tract C on the Plat for Vail Village, Eleventh Filing, which is situated immediately adjacent to Gore Creek along the southernmost boundary of the Eleventh Filing; WHEREAS, the deed by which the Town acquired Tract C provides that the Town may further restrict the uses on and within Tract C; WHEREAS, pursuant to the Town's authority to regulate for the public health, safety and welfare, the Town Council desires to clarify that Town stream tracts shall be used primarily as natural open space, and private encroachments are prohibited in these areas; and WHEREAS, to protect such stream tracts, the Town Council desires to amend the Vail Town Code through the addition of a new Chapter 13 to Title 5. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 5 of the Vail Town Code is hereby amended by the addition of a new Chapter 13, to read as follows: 1 Chapter 13 STREAM TRACT PROTECTION 5-13-1: PURPOSE: The purpose of this Chapter is to protect the public health, safety and welfare by regulating sensitive stream tract areas in the Town, prohibiting private encroachments in such areas and ensuring that such areas remain natural open space. This Chapter shall not apply to public facilities as presently constructed, or as upgraded or replaced, or to new construction of public facilities. 5-13-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: DIRECTOR: The Community Development Director or designee. ENCROACHMENT: A private improvement of any kind located in the stream tract, whether temporary or permanent in nature, including without limitation landscaping, irrigation systems, garden improvements, patios, decks, fencing, retaining walls, sheds, pathways, gravel, concrete, outdoor furniture, benches and play equipment. STREAM TRACT: A lot, tract or parcel of real property located in the Town, owned by the Town and situated along or adjacent to a creek, stream or other natural waterway. 5-13-3: USE OF STREAM TRACT: Except as otherwise expressly provided in this Chapter, every stream tract shall be used primarily for natural open space purposes, or for limited public, pedestrian or recreational uses as may be determined by the Town to be appropriate for the stream tract. 5-13-4: ENCROACHMENTS PROHIBITED: A. No person other than the Town shall erect, construct or maintain, or cause or permit the erection, construction or maintenance of, any encroachment on a stream tract. B. Notwithstanding the foregoing, the Town may authorize an encroachment on a stream tract, upon a finding by the Town Council that the encroachment is not inconsistent with the designated uses of the stream tract and will not detrimentally impact the environmental values of the stream tract. Such authorization shall be evidenced by a resolution adopted by the Town Council and recorded in the real property records of Eagle County. F�K�•�:� �►�iL�1►%1 We]; LTJ Xr] =k i_'% I Eel ►I U zTel:I I: 31 9 4 el It is unlawful for any person other than the Town to mow, trim, cut or remove any grasses, trees or other vegetation in a stream tract without prior written authorization from the Director, which authorization may be withheld if the Director determines, in the Director's sole discretion, that such activity would be detrimental to environmental value of the stream tract. 5-13-6: NOTICE OF VIOLATION: A. If the Director determines that there is an encroachment onto a stream tract in violation of this Chapter, the Director shall provide written notice of the violation by certified U.S. mail, return receipt requested, to the record owner of the adjacent real property or the owner of the encroachment, if different, at the owner's last known address. B. The notice shall: 1. Advise the owner of the nature of the unlawful encroachment; 2. Advise the owner of Town -approved methods for the removal of the encroachment and any rehabilitation required to restore the stream tract to its natural condition; and 3. Advise the owner that the encroachment shall be removed and the stream tract restored to its natural condition completed within forty-five (45) days following the date of the notice, or such longer time as stated in the notice. C. If the owner disputes that a violation exists, the owner shall notify the Director in writing of such dispute within forty-five (45) days of the date of the notice. If a timely notice of dispute is given, the Town shall not proceed with abatement until the Director has met with the disputing party in an effort to resolve the dispute. If the Director meets with the owner and is unable to resolve the dispute, and the owner fails to comply with the notice as described above, the Town may proceed with abatement pursuant to Section 5-13-7. 5-13-7: ABATEMENT: A. If the owner fails to timely and fully comply with the notice described in Section 5-13-6, the Town may complete the removal of the 3 encroachment and the associated restoration activities and recover its costs as provided in subsection D hereof. B. The Town shall not be responsible for any property loss or damage that occurs in connection with abatement pursuant to this Section. C. In the case of an emergency involving imminent danger to the public health, safety or welfare, the Town may authorize the immediate removal of any encroachments without notice. D. The owner shall be assessed twice the entire cost of removal of the encroachments and restoration activities. If all costs and charges incurred by the Town are not paid within thirty (30) days of the date of the assessment, the unpaid costs shall be certified to the Eagle County Treasurer for collection in the same manner as real property taxes. 5-13-8: VIOLATION AND PENALTY: A. It is unlawful for any person to violate any provision of this Chapter. Each separate act in violation of this Chapter, or each and every day or portion thereof during which any separate act in violation of this Chapter is committed, continued or permitted, shall be deemed a separate offense. B. Violations of this Chapter shall be punished as follows, and such penalties shall not be waived, reduced or deferred by the Municipal Court: First offense in any 12 -month period: $500. Second offense in any 12 -month period: $750. Third offense in any 12 -month period: mandatory appearance in the Municipal Court and the General Penalty provided in Section 1- 4-1. C. Town police officers and code enforcement officers are authorized to issue a summons and complaint for a violation of this Chapter. D. The penalties in this Section shall not be the Town's exclusive remedies for addressing encroachments on a stream tract, and nothing in this Section shall preclude any other remedy or penalty for addressing encroachments on Town -owned property. A person may be charged with a violation of this Chapter as well as trespass or any other applicable criminal violation. Il 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 declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of June, 2015 and a public hearing for second reading of this Ordinance set for the 16th day of June, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of June, 2015. ATTEST: Patty McKenny, Town Clerk 5 Andrew P. Daly, Mayor PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 8th day of July, 2015. Witness my hand and seal this _ day of 2015. C=S KI) mmWClerk eputy (seal) ORDINANCE NO. 7 SERIES OF 2015 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, POLICE CRIMES FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, DISPATCH SERVICES FUND, AND TIMBER RIDGE ENTERPRISE FUND OF THE 2015 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2015 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 18, Series of 2014, adopting the 2015 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2015 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 97,451 Police Crimes Fund 2,000 Capital Projects Fund 486,300 Real Estate Transfer Tax Fund 16,000 Conference Center Fund 1,973,553 Dispatch Services Fund 10,000 Timber Ridge Enterprise Fund (397,000) Total $ 2,188,304 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for Ordinance No. 7, Series of 2015 any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of July, 2015, and a public hearing shall be held on this Ordinance on the 21st day of July, 2015, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 7, Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of July, 2015. J Witness my hand and seal this ZZ day of 2015. ADeyWe el k(seal) ORDINANCE NO. 7 SERIES OF 2015 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, POLICE CRIMES FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, DISPATCH SERVICES FUND, AND TIMBER RIDGE ENTERPRISE FUND OF THE 2015 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2015 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 18, Series of 2014, adopting the 2015 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2015 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 88,951 Police Crimes Fund 2,000 Capital Projects Fund (1,763,700) Real Estate Transfer Tax Fund 1,400,812 Conference Center Fund 1,973,553 Dispatch Services Fund 10,000 Timber Ridge Enterprise Fund (397,000) Total $ 1,314,616 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for Ordinance No. 7, Series of 2015 any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of July, 2015, and a public hearing shall be held on this Ordinance on the 21st day of July, 2015, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21 st day of July 2015. Ordinance No. 7, Series of 2015 Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 7, Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 17th day of June, 2015. Witness my hand and seal this I day of , 2015. Tammy gel pu y Clerk (seal) ORDINANCE NO. 8 SERIES 2015 AN ORDINANCE EXTENDING THE TEMPORARY BAN ON MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION (AMENDMENT 64) 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Colorado voters passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section regarding the personal use and regulation of marijuana; WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance"; WHEREAS, previously, the Town Council had adopted a temporary ban until August 4, 2015; WHEREAS, it is the desire of the Council that Town staff study the effects of such marijuana establishments, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Council as to whether such uses should be permitted at any location in the Town; WHEREAS, Town staff needs additional time to gather information, to review the state statutes and forthcoming regulations, and to study the impacts of marijuana establishments and the zone districts in which they should be permitted, if at all; and WHEREAS, during such time, the Council finds and determines that it is in the best interest of the public health, safety and welfare for the Town to extend the temporary ban on the location or operation of marijuana establishments in the Town until October 6, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. It is unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a marijuana establishment, and marijuana establishments are hereby prohibited at any location in the Town. The Town shall not Ordinance No. 8, Series of 2015 accept or process any applications for the operation of marijuana establishments in the Town. Section 2. For purposes of this ordinance, the following terms shall have the following meanings: a. "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. b. "Marijuana establishment" means and includes a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store and a marijuana club. C. "Marijuana cultivation facility" means a facility licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. d. "Marijuana testing facility" means a facility licensed to analyze and certify the safety and potency of marijuana. e. "Marijuana product manufacturing facility" means a facility licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. f. "Retail marijuana store" means a facility licensed to purchase marijuana from marijuana cultivation facilities or marijuana and marijuana products from marijuana product manufacturing facilities, or to sell marijuana or marijuana products to consumers. g. "Marijuana club" means a place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. Section 3. This ordinance is intended to be temporary in nature, and as such, this ordinance shall be in effect from its effective date until October 6, 2015 unless earlier repealed. Section 4. 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 Ordinance No. 8, Series of 2015 of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 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 PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of June, 2015 and a public hearing for second reading of this Ordinance set for the 7th day of July, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of July, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 8, Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 8th day of July, 2015. Witness my hand and seal this Chi, b ` day of , 2015. Ta my Nag Depu (seal) ORDINANCE NO. 8 SERIES 2015 AN ORDINANCE EXTENDING THE TEMPORARY BAN ON MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION (AMENDMENT 64) 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Colorado voters passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section regarding the personal use and regulation of marijuana; WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance"; WHEREAS, previously, the Town Council had adopted a temporary ban until August 4, 2015; WHEREAS, it is the desire of the Council that Town staff study the effects of such marijuana establishments, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Council as to whether such uses should be permitted at any location in the Town; WHEREAS, Town staff needs additional time to gather information, to review the state statutes and forthcoming regulations, and to study the impacts of marijuana establishments and the zone districts in which they should be permitted, if at all; and WHEREAS, during such time, the Council finds and determines that it is in the best interest of the public health, safety and welfare for the Town to extend the temporary ban on the location or operation of marijuana establishments in the Town until October 6, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. It is unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a marijuana establishment, and marijuana establishments are hereby prohibited at any location in the Town. The Town shall not Ordinance No. 8, Series of 2015 accept or process any applications for the operation of marijuana establishments in the Town. Section 2. For purposes of this ordinance, the following terms shall have the following meanings: a. "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. b. "Marijuana establishment" means and includes a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store and a marijuana club. C. "Marijuana cultivation facility" means a facility licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. d. "Marijuana testing facility" means a facility licensed to analyze and certify the safety and potency of marijuana. e. "Marijuana product manufacturing facility" means a facility licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. f. "Retail marijuana store" means a facility licensed to purchase marijuana from marijuana cultivation facilities or marijuana and marijuana products from marijuana product manufacturing facilities, or to sell marijuana or marijuana products to consumers. g. "Marijuana club" means a place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. Section 3. This ordinance is intended to be temporary in nature, and as such, this ordinance shall be in effect from its effective date until October 6, 2015 unless earlier repealed. Section 4. 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 Ordinance No. 8, Series of 2015 of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 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 PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of June, 2015 and a public hearing for second reading of this Ordinance set for the 7t" day of July, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of July, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 8, Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 8th day of July, 2015. �.c Witness my hand and seal this mOyvClegrrk ej day 2015. (seal) ORDINANCE NO. 9 SERIES 2015 AN ORDINANCE ESTABLISHING DEADLINES FOR THE CIRCULATION AND FILING OF CANDIDATE NOMINATION PETITIONS FOR THE NOVEMBER 3, 2015 REGULAR TOWN ELECTION WHEREAS, the Town's regular election is on November 3, 2015; WHEREAS, the Town Council previously determined that the regular election should be conducted as a non -coordinated polling place election; WHEREAS, non -coordinated polling place elections are generally governed by the Colorado Municipal Election Code, C.R.S. § 31-10-101, et seq.; WHEREAS, pursuant to § 2.1 of the Vail Town Charter, "Town elections shall be governed by the Colorado municipal election laws as now existing or hereafter amended or modified, except as otherwise provided by this charter, or by ordinance hereafter enacted."; WHEREAS, on May 27, 2015, House Bill 15-1130 ("HB 1130") took effect; WHEREAS, prior to the adoption of HB 1130, candidate nomination petitions could be circulated beginning on the 50th day prior to the election, and were required to be filed with the Town Clerk on or before the 30th day prior to the election; WHEREAS, HB 1130 changed the deadlines for the circulation and filing of candidate nomination petitions, so that nomination petitions can be circulated beginning on the 91St day prior to the election, and are required to be filed with the Town Clerk on or before the 71St day prior to the election; WHEREAS, the purpose of HB 1130 was to allow additional time for active military or overseas voters to return their completed ballots to the Town; WHEREAS, the Town Council finds that the prior candidate nomination petition deadlines (50/30) are in the best interest of the Town's residents, candidates and registered voters; WHEREAS, the Town Council finds and determines that the prior deadlines (50/30) will allow sufficient time for active military or overseas voters to return their completed ballots to the Town, and will adequately ensure that such voters are able to exercise their right to vote in the Town's November 3, 2015 regular election; and WHEREAS, the Town's local election procedures are a matter of purely local concern, and the Town is expressly authorized by § 2.1 of the Vail Town Charter to adopt its own local election procedures. 1 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town's November 3, 2015 regular election shall be governed by the Colorado Municipal Election Code, C.R.S. § 31-10-101, et seq., except as otherwise expressly provided in this ordinance. Section 2. Notwithstanding C.R.S. § 31-10-302(2), candidate nomination petitions for the Town's November 3, 2015 regular election may be circulated and signed beginning on the 50th day and ending on the 30th day prior to the day of election. Section 3. Notwithstanding C.R.S. § 31-10-302(6), each candidate nomination petition for the Town's November 3, 2015 regular election shall be filed with the Town Clerk no later than the 30th day prior to the day of election. Section 4. Notwithstanding C.R.S. § 31-10-102.8(2)(a), the Town Clerk shall mail a ballot and ballot materials for the Town's November 3, 2015 regular election to any person designed as an active military or overseas voter in the computerized statewide voter registration list as soon as practicable after ballot certification. Section 5. Notwithstanding C.R.S. § 31-10-303, any person who has been nominated and has accepted a nomination to be a candidate in the Town's November 3, 2015 regular election may cause his or her name to be withdrawn from such nomination at any time prior to 23 days prior to the day of election, by written affidavit. Section 6. Notwithstanding C.R.S. § 31-10-305, the Town Clerk shall decide on objections to nomination petitions for the Town's November 3, 2015 regular election no later than the 18th day prior to the day of election. Section 7. 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 declared invalid. Section 8. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of July, 2015 and a public hearing for second reading of this Ordinance set for the 21 st day of July, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21 st day of July, 2015. ATTEST: Patty McKenny, Town Clerk 3 Andrew P. Daly, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of July, 2015. Witness my hand and seal this Z day of , 2015. Tammy gel el y erk (seal) ORDINANCE NO. 9 SERIES 2015 AN ORDINANCE ESTABLISHING DEADLINES FOR THE CIRCULATION AND FILING OF CANDIDATE NOMINATION PETITIONS FOR THE NOVEMBER 3, 2015 REGULAR TOWN ELECTION WHEREAS, the Town's regular election is on November 3, 2015; WHEREAS, the Town Council previously determined that the regular election should be conducted as a non -coordinated polling place election; WHEREAS, non -coordinated polling place elections are generally governed by the Colorado Municipal Election Code, C.R.S. § 31-10-101, et seq.; WHEREAS, pursuant to § 2.1 of the Vail Town Charter, "Town elections shall be governed by the Colorado municipal election laws as now existing or hereafter amended or modified, except as otherwise provided by this charter, or by ordinance hereafter enacted."; WHEREAS, on May 27, 2015, House Bill 15-1130 ("HB 1130") took effect; WHEREAS, prior to the adoption of HB 1130, candidate nomination petitions could be circulated beginning on the 50th day prior to the election, and were required to be filed with the Town Clerk on or before the 30th day prior to the election; WHEREAS, HB 1130 changed the deadlines for the circulation and filing of candidate nomination petitions, so that nomination petitions can be circulated beginning on the 91St day prior to the election, and are required to be filed with the Town Clerk on or before the 71 st day prior to the election; WHEREAS, the purpose of HB 1130 was to allow additional time for active military or overseas voters to return their completed ballots to the Town; WHEREAS, the Town Council finds that the prior candidate nomination petition deadlines (50/30) are in the best interest of the Town's residents, candidates and registered voters; WHEREAS, the Town Council finds and determines that the prior deadlines (50/30) will allow sufficient time for active military or overseas voters to return their completed ballots to the Town, and will adequately ensure that such voters are able to exercise their right to vote in the Town's November 3, 2015 regular election; and WHEREAS, the Town's local election procedures are a matter of purely local concern, and the Town is expressly authorized by § 2.1 of the Vail Town Charter to adopt its own local election procedures. 1 7/2/2015 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDC13DA7181F-E79D-4C92-87D9- 8989CECA2C4EIVAILAGENDA.6626.1.2015 ELECTION-0070215.DOCX NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town's November 3, 2015 regular election shall be governed by the Colorado Municipal Election Code, C.R.S. § 31-10-101, et seq., except as otherwise expressly provided in this ordinance. Section 2. Notwithstanding C.R.S. § 31-10-302(2), candidate nomination petitions for the Town's November 3, 2015 regular election may be circulated and signed beginning on the 50th day and ending on the 30th day prior to the day of election. Section 3. Notwithstanding C.R.S. § 31-10-302(6), each candidate nomination petition for the Town's November 3, 2015 regular election shall be filed with the Town Clerk no later than the 30th day prior to the day of election. Section 4. Notwithstanding C.R.S. § 31-10-102.8(2)(a), the Town Clerk shall mail a ballot and ballot materials for the Town's November 3, 2015 regular election to any person designed as an active military or overseas voter in the computerized statewide voter registration list as soon as practicable after ballot certification. Section 5. Notwithstanding C.R.S. § 31-10-303, any person who has been nominated and has accepted a nomination to be a candidate in the Town's November 3, 2015 regular election may cause his or her name to be withdrawn from such nomination at any time prior to 23 days prior to the day of election, by written affidavit. Section 6. Notwithstanding C.R.S. § 31-10-305, the Town Clerk shall decide on objections to nomination petitions for the Town's November 3, 2015 regular election no later than the 18th day prior to the day of election. Section 7. 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 declared invalid. Section 8. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of July, 2015 and a public hearing for second reading of this Ordinance set for the 21St day of July, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor 2 7/2/2015 C: IPROGRA M FILES (X86) I NEEVIA. COMI DOCCONVERTERPROI TEMPI NVDC13DA7181 F-E79D-4C92-87D9- 8989CECA2C4EIVAILAGENDA.6626.1.2015 ELECTION-0070215.DOCX ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21St day of July, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 3 7/2/2015 C: IPROGRA M FILES (X86) I NEEVIA. COMI DOCCONVERTERPROI TEMPI NVDC13DA7181 F-E79D-4C92-87D9- 8989CECA2C4EIVAILAGENDA.6626.1.2015 ELECTION-0070215.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of July, 2015. Witness my hand and seal this. ->SO day of A d4, 2015. mm gel 21 Deputy Clerk (seal) ORDINANCE NO. 10 SERIES 2015 AN ORDINANCE PROHIBITING MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance"; and WHEREAS, the Town Council finds and determines that it is the best interest of the public health, safety and welfare for the Town to prohibit the location or operation of marijuana establishments in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. It is unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a marijuana establishment, and marijuana establishments are hereby prohibited at any location in the Town. The Town shall not accept or process any applications for the operation of marijuana establishments in the Town. The operation of a marijuana establishment shall not be eligible for a determination of similar use pursuant to § 12-3-4 of the Vail Town Code, as amended, or any similar section of the Vail Town Code. Section 2. For purposes of this ordinance, the following terms shall have the following meanings: a. "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. b. "Marijuana club" means a place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. C. "Marijuana cultivation facility" means a facility licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. 1 Ordinance No. 10, Series of 2015 d. "Marijuana establishment" means and includes a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store and a marijuana club. e. "Marijuana product manufacturing facility" means a facility licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. f. "Marijuana testing facility" means a facility licensed to analyze and certify the safety and potency of marijuana. g. "Retail marijuana store" means a facility licensed to purchase marijuana from marijuana cultivation facilities or marijuana and marijuana products from marijuana product manufacturing facilities, or to sell marijuana or marijuana products to consumers. Section 3. The Town Council intends to review this ordinance and the prohibition contained herein every three years, provided that the Town Council's failure to conduct such review shall not affect the validity or effectiveness of the prohibition or this ordinance. Section 4. 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 Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 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 PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of July, 2015 and a public hearing for second reading of this Ordinance set for the 4t" day of August, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor 2 Ordinance No. 10, Series of 2015 ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 3 Ordinance No. 10, Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of September, 2015. Witness my hand and seal this day of 2015. a my rk (seal) ORDINANCE NO. 11 SERIES 2015 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 1 OF THE VAIL TOWN CODE, REGARDING WRITE-IN CANDIDATES FOR TOWN OFFICES WHEREAS, pursuant to the Colorado Municipal Election Code and specifically C.R.S. § 31-10-306, the Town Council is authorized to adopt an ordinance providing that no write-in vote for any municipal office shall be counted unless an affidavit of intent has been filed with the Town Clerk prior to 20 days (at least 21 days) before the date of an election; and WHEREAS, the Town Council finds it in the best interests of the public health, safety and welfare to adopt such an ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The title of Chapter 8 of Title 1 of the Vail Town Code is hereby renamed to be "Elections." Section 2. Chapter 8 of Title 1 of the Vail Town Code is hereby amended by the addition of the following new Section 1-8-3: iiE:-Ic3�viviSII=MIII, [ey_III QIII-A9*3 In any non -coordinated polling place election conducted under the Colorado Municipal Election Code, C.R.S. § 31-10-101, et seq., no write-in vote for any Town office shall be counted unless an affidavit of intent has been filed with the Town Clerk at least 21 days before the date of the election by the person whose name is to be written in. The affidavit shall be on a form provided by the Town Clerk, and shall state that such person desires the office and is qualified to assume the duties of the office if elected. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Ordinance No. 11, Series of 2015 1 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 PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of September, 2015 and a public hearing for second reading of this Ordinance set for the 15th day of September, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of September, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series of 2015 2 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 16th day of September, 2015. Witness m hand and seal this y y �� - da of Se�(r� l�►.,,���✓ , 2015. ammy gel Dep erk (seal) ORDINANCE NO. 13 SERIES 2015 AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY ALONG LUPINE DRIVE, IN EXCHANGE FOR THE PURCHASE OF REAL PROPERTY ALONG COLUMBINE DRIVE WHEREAS, the Town has discovered that a portion of Columbine Drive near the intersection of Columbine Drive and Lupine Drive encroaches onto private property; WHEREAS, to correct this issue, the Town and J. Brian Stockmar, the owner of Lot 14, Bighorn Subdivision, have agreed to a land exchange, subject to approval of the Town Council; WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance; WHEREAS, the Town Council finds and determines that the sale of a portion of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by this reference to J. Brian Stockmar, in exchange for the purchase of the real property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, is in the best interest of the public health, safety and welfare; and WHEREAS, based on information received from Town staff, the Town Council finds and determines that the fair market value of the Exhibit A property is roughly equivalent to the fair market value of the Exhibit B property, and therefore, an even exchange is appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the sale of the real property more particularly described in Exhibit A attached hereto and incorporated herein by this reference, to J. Brian Stockmar, in exchange for the purchase by the Town of the real property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, pursuant to the terms of a purchase and sale agreement between the parties in a form approved by the Town Attorney. No consideration other than the exchange of the two parcels of real property shall be necessary. 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 declared invalid. 1 9/10/2015919/2815 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCIE277CA74-C2D1-4BC1-BB8C- BBB87866470CIVAILAGENDA.6807.1.LUPINE COLUMBINE TRANSFER-0090915- FINAL.DOC Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. 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 15th day of September, 2015 and a public hearing for second reading of this Ordinance set for the 6th day of October, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of October, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 2 9/10/2015919/2815 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCIE277CA74-C2D1-4BC1-BB8C- BBB87866470CIVAILAGENDA.6807.1.LUPINE COLUMBINE TRANSFER-0090915- FINAL.DOC (50' R•O•W•) LUPINE DRIVE =64'03'39" R=60.00' SET No. 5 REBAR WITH AREA ADDED TO A 1 }" ALUMINUM CAP L=67.08' LOT 14A P.L.S. No. 30091 ChB=S65'06'10"E PER DEED RECORDED c o„ ChL=63.64, E — N 82'5200" N 10'08'54" W — 5.62' o os,.."< 9 _ N 82 52'00" E — 14.05 _ — o"°"_ AREA ADDED TO COLUMBINE DRIVE c �—AND LUPINE DRIVE PER SET No. 5 REBAR WITH DEED RECORDED A 1 k' ALUMINUM CAP \ P.L.S. No. 30091 \ DRAINAGE AND GRADING EASEMENT (CREATED BY THIS PLAT) SET No. 5 REBAR WITH A 1 k" ALUMINUM CAP O \ P.L.S. No. 30091 S 33'04'21" E — 61.76' N 61'26'46" E S 28'33'14" E — 15.75' LOT 14A 30.80' 0.4056 ACRES N 61'39'30 " E 4096A I 18.68' LOT 13 & O O PARLANDSCAPING KING EASEMENT SET No. 5 REBAR WITH CREATED BY THIS PLAT V A ) A 1 �" ALUMINUM CAP P.L.S. No. 30091 �. I N 16'25'20" E — 2.94' CO! I PROPERTY LINE FOLLOWS CENTER OF PARTY WALLO 676 N 61'26'46' E10 S 2833'14" E O N 3.00' 1275 1 OUTLINE OF�I\ DUPLEX STRUCTURE �O„ S 28'33'14" E – 0.9`22'' A, / V 6,yOti o. \A 'S900 ' / LO A ' -79.26-45-9. N 1' S 17.11'27"E N./6n9 r. 28.18' Z iy 56 \ FOUND No. 4 REBAR WITH R=500550 A 1 }" YELLOW PLASTIC CAP \ \ P.L.S. No. 4974 £ c� L=7.83' i ChB=57327'35 E S 28'20'30" E ChL=7.06' 5 �\ \�. o• 5.26' rn\ LOT 14B 0.3196 ACRES \ / 'S $ LOT 12 ACCESS EASEMENT 40968 \ (CREATED BY THIS PLAT, \ OQ SEE NOTE _) O N 4356'03" W – 23.22' \ 21y r s LOT 15 R x GRAPHIC SCALE FOUND No. 4 REBAR WITH zo o io zo �o eo A 1}" YELLOW PLASTIC CAP P.L.S. No. 4974 (25' WITNESS CORNER) ( IN FEET ) 1 inch. = 20 ft EXHIBIT LUPINE DRIVE, BIGHORN SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO N 10°08'54" W N 82°52'00" E \\=24°59'20" INE �RI�E R=60.00' LU P -L=26.17' ChB=S84°38'20"E ChL=25.96' - 5.62' N 82°5200" E - 99.32' _-� - 14.05'W _ 124.37 0- S 82°5200 � 0 �I TRUE POINT OF BEGINNING \ G� POINT OF BEGINNING \ I NORTHWESTERLY CORNER LOT 14 � LOT 14 �� O i SCALE: 1 " = 50' 30091 Z: O /20/2015J� ,'••�. •..- tii� VAL LA140 I j Gore Range Surveying, LLC R.0 Box 15 Avon, CO 91620 (970)479-96M • fax (9701479-0955 PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF LUPINE DRIVE, BIGHORN SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED DECEMBER 3, 1962, UNDER RECEPTION No. 96766 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID LUPINE DRIVE, SAID POINT BEING THE NORTHWESTERLY CORNER OF LOT 14, BIGHORN SUBDIVISION; THENCE ALONG SAID SOUTHERLY BOUNDARY N82°52'00"E 14.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY BOUNDARY N10°08'54"W 5.62 FEET; THENCE N82°52'00"E 99.32 FEET; THENCE 26.17 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET, AN INTERIOR ANGLE OF 24°59'20" AND A CHORD WHICH BEARS S84°38'20"E 25.96 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY OF LUPINE DRIVE; THENCE ALONG SAID SOUTHERLY BOUNDARY S82°52'00"W 124.37 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 653 SQUARE FEET, MORE OR LESS. EXHIBIT LOT 14, BIGHORN SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO LUp�NE ERNE N 82°52'00" E - 34.33' TRUE POINT OF BEGINNING --_11 _ 138.41 N 82°52' 00 I= 39°04'19" I POINT OF BEGINNING R=60.00' I NORTHWESTERLY CORNER LOT 14 L=40.92' I ChB=N52°36'30"W I I Ch L= 40.13' I I N 33°04'21" W - 61.76' II I LOT 14 I SCALE: 1" = 50' Gore Range Surveying, LLC �--j?o Bax 35 Avon, Co Sim (970) 474.8599 • fax (470) 474.4955 PARCEL DESCRIPTION: A=23°33'16" R=125.00' L= 51.39' ChB=S16°33'52"E ChL=51.03' 28°20'30" E - 35.76' A PARCEL OF LAND SITUATED IN A PART OF LOT 14, BIGHORN SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED DECEMBER 3, 1962, UNDER RECEPTION No. 96766 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14 N82°52'00"E 138.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N82°52'00"E 34.33 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 14; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LOT 14 51.39 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET, AN INTERIOR ANGLE OF 23°33'16" AND A CHORD WHICH BEARS S16`33'52"E 51.03 FEET; THENCE S 28°20'30"E 35.76 FEET; THENCE DEPARTING SAID EASTERLY BOUNDARY OF SAID LOT 14 N33°04'21"W 61.76 FEET; THENCE 40.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET, AN INTERIOR ANGLE OF 39°04'19" AND A CHORD WHICH BEARS N52°36'30"W 40.13 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 653 SQUARE FEET, MORE OR LESS. PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 7th day of October, 2015. Witness my hand and seal this 7t:�- day of C3 Cf� 2015. Tam n Nag Deputy er c (seal) ORDINANCE NO. 13 SERIES 2015 AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY ALONG LUPINE DRIVE, IN EXCHANGE FOR THE PURCHASE OF REAL PROPERTY ALONG COLUMBINE DRIVE WHEREAS, the Town has discovered that a portion of Columbine Drive near the intersection of Columbine Drive and Lupine Drive encroaches onto private property; WHEREAS, to correct this issue, the Town and J. Brian Stockmar, the owner of Lot 14, Bighorn Subdivision, have agreed to a land exchange, subject to approval of the Town Council; WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance; WHEREAS, the Town Council finds and determines that the sale of a portion of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by this reference to J. Brian Stockmar, in exchange for the purchase of the real property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, is in the best interest of the public health, safety and welfare; and WHEREAS, based on information received from Town staff, the Town Council finds and determines that the fair market value of the Exhibit A property is roughly equivalent to the fair market value of the Exhibit B property, and therefore, an even exchange is appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the sale of the real property more particularly described in Exhibit A attached hereto and incorporated herein by this reference, to J. Brian Stockmar, in exchange for the purchase by the Town of the real property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, pursuant to the terms of a purchase and sale agreement between the parties in a form approved by the Town Attorney. No consideration other than the exchange of the two parcels of real property shall be necessary. 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 declared invalid. 1 9/10/2015919/2815 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCIE277CA74-C2D1-4BC1-BB8C- BBB87866470CIVAILAGENDA.6807.1.LUPINE COLUMBINE TRANSFER-0090915- FINAL.DOC Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. 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 15th day of September, 2015 and a public hearing for second reading of this Ordinance set for the 6th day of October, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of October, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 2 9/10/2015919/2815 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCIE277CA74-C2D1-4BC1-BB8C- BBB87866470CIVAILAGENDA.6807.1.LUPINE COLUMBINE TRANSFER-0090915- FINAL.DOC (50' R•O•W•) LUPINE DRIVE =64'03'39" R=60.00' SET No. 5 REBAR WITH AREA ADDED TO A 1 }" ALUMINUM CAP L=67.08' LOT 14A P.L.S. No. 30091 ChB=S65'06'10"E PER DEED RECORDED c o„ ChL=63.64, E — N 82'5200" N 10'08'54" W — 5.62' o os,.."< 9 _ N 82 52'00" E — 14.05 _ — o"°"_ AREA ADDED TO COLUMBINE DRIVE c �—AND LUPINE DRIVE PER SET No. 5 REBAR WITH DEED RECORDED A 1 k' ALUMINUM CAP \ P.L.S. No. 30091 \ DRAINAGE AND GRADING EASEMENT (CREATED BY THIS PLAT) SET No. 5 REBAR WITH A 1 k" ALUMINUM CAP O \ P.L.S. No. 30091 S 33'04'21" E — 61.76' N 61'26'46" E S 28'33'14" E — 15.75' LOT 14A 30.80' 0.4056 ACRES N 61'39'30 " E 4096A I 18.68' LOT 13 & O O PARLANDSCAPING KING EASEMENT SET No. 5 REBAR WITH CREATED BY THIS PLAT V A ) A 1 �" ALUMINUM CAP P.L.S. No. 30091 �. I N 16'25'20" E — 2.94' CO! I PROPERTY LINE FOLLOWS CENTER OF PARTY WALLO 676 N 61'26'46' E10 S 2833'14" E O N 3.00' 1275 1 OUTLINE OF�I\ DUPLEX STRUCTURE �O„ S 28'33'14" E – 0.9`22'' A, / V 6,yOti o. \A 'S900 ' / LO A ' -79.26-45-9. N 1' S 17.11'27"E N./6n9 r. 28.18' Z iy 56 \ FOUND No. 4 REBAR WITH R=500550 A 1 }" YELLOW PLASTIC CAP \ \ P.L.S. No. 4974 £ c� L=7.83' i ChB=57327'35 E S 28'20'30" E ChL=7.06' 5 �\ \�. o• 5.26' rn\ LOT 14B 0.3196 ACRES \ / 'S $ LOT 12 ACCESS EASEMENT 40968 \ (CREATED BY THIS PLAT, \ OQ SEE NOTE _) O N 4356'03" W – 23.22' \ 21y r s LOT 15 R x GRAPHIC SCALE FOUND No. 4 REBAR WITH zo o io zo �o eo A 1}" YELLOW PLASTIC CAP P.L.S. No. 4974 (25' WITNESS CORNER) ( IN FEET ) 1 inch. = 20 ft EXHIBIT LUPINE DRIVE, BIGHORN SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO N 10°08'54" W N 82°52'00" E \\=24°59'20" INE �RI�E R=60.00' LU P -L=26.17' ChB=S84°38'20"E ChL=25.96' - 5.62' N 82°5200" E - 99.32' _-� - 14.05'W _ 124.37 0- S 82°5200 � 0 �I TRUE POINT OF BEGINNING \ G� POINT OF BEGINNING \ I NORTHWESTERLY CORNER LOT 14 � LOT 14 �� O i SCALE: 1 " = 50' 30091 Z: O /20/2015J� ,'••�. •..- tii� VAL LA140 I j Gore Range Surveying, LLC R.0 Box 15 Avon, CO 91620 (970)479-96M • fax (9701479-0955 PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF LUPINE DRIVE, BIGHORN SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED DECEMBER 3, 1962, UNDER RECEPTION No. 96766 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID LUPINE DRIVE, SAID POINT BEING THE NORTHWESTERLY CORNER OF LOT 14, BIGHORN SUBDIVISION; THENCE ALONG SAID SOUTHERLY BOUNDARY N82°52'00"E 14.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY BOUNDARY N10°08'54"W 5.62 FEET; THENCE N82°52'00"E 99.32 FEET; THENCE 26.17 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET, AN INTERIOR ANGLE OF 24°59'20" AND A CHORD WHICH BEARS S84°38'20"E 25.96 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY OF LUPINE DRIVE; THENCE ALONG SAID SOUTHERLY BOUNDARY S82°52'00"W 124.37 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 653 SQUARE FEET, MORE OR LESS. EXHIBIT LOT 14, BIGHORN SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO LUp�NE ERNE N 82°52'00" E - 34.33' TRUE POINT OF BEGINNING --_11 _ 138.41 N 82°52' 00 I= 39°04'19" I POINT OF BEGINNING R=60.00' I NORTHWESTERLY CORNER LOT 14 L=40.92' I ChB=N52°36'30"W I I Ch L= 40.13' I I N 33°04'21" W - 61.76' II I LOT 14 I SCALE: 1" = 50' Gore Range Surveying, LLC �--j?o Bax 35 Avon, Co Sim (970) 474.8599 • fax (470) 474.4955 PARCEL DESCRIPTION: A=23°33'16" R=125.00' L= 51.39' ChB=S16°33'52"E ChL=51.03' 28°20'30" E - 35.76' A PARCEL OF LAND SITUATED IN A PART OF LOT 14, BIGHORN SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED DECEMBER 3, 1962, UNDER RECEPTION No. 96766 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14 N82°52'00"E 138.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N82°52'00"E 34.33 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 14; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LOT 14 51.39 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET, AN INTERIOR ANGLE OF 23°33'16" AND A CHORD WHICH BEARS S16`33'52"E 51.03 FEET; THENCE S 28°20'30"E 35.76 FEET; THENCE DEPARTING SAID EASTERLY BOUNDARY OF SAID LOT 14 N33°04'21"W 61.76 FEET; THENCE 40.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET, AN INTERIOR ANGLE OF 39°04'19" AND A CHORD WHICH BEARS N52°36'30"W 40.13 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 653 SQUARE FEET, MORE OR LESS. PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 7th day of October, 2015. Witness my hand and seal this -7 t -L day of a Cj- c.)l--�-.--� , 2015. T agel Deputy Clerk (seal) ORDINANCE NO. 14 SERIES OF 2015 AN ORDINANCE REPEALING AND REENACTING CHAPTER 10-1, BUILDING CODES, VAIL TOWN CODE, ADOPTING BY REFERENCE THE 2015 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL EXISTING BUILDING CODE, COLORADO PLUMBING CODE, COLORADO FUEL GAS CODE, 2014 EDITION OF THE NATIONAL ELECTRICAL CODE, 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AND WITH REGARD TO THE ABOVE-DESCRIBED CODES, ADOPTING CERTAIN APPENDICES, SETTING FORTH CERTAIN AMENDMENTS THERETO, AND SETTING FORTH DETAILS IN REGARD THERETO. 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 Vail Town Charter; WHEREAS, the 2012 International Building Codes currently adopted by the Town of Vail has been replaced and requiring use of the 2012 International Building Code causes new buildings to meet out of date standards that limit their compatibility with technological advancements; and WHEREAS, the 2015 Editions of the International Building Code, the International Residential Code, the International Fire Code, the International Mechanical Code, , the International Energy Conservation Code, the International Existing Building Code, the Colorado Plumbing Code, the Colorado Fuel Gas Code the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings and the 2014 Edition of the National Electric Code have been published; and WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has recommended adoption of the Building Codes as set forth in this ordinance and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed repealing and reenacting Chapter 10-1, Building Codes, further the development objectives of the Town of Vail; and WHEREAS, the 2014 edition of the National Electrical Code, the Colorado Plumbing Code, and Colorado Fuel Gas Code is required by the State of Colorado; and Ordinance No. 14, Series of 2015 WHEREAS, by adopting the 2015 Editions of the International Building Codes the Town of Vail will be in compliance with the State of Colorado minimum standards for elevators and conveying systems; and WHEREAS, the Vail Town Council finds that the repealing and reenacting of Chapter 10-1, Building Codes, will promote the health, safety, and general welfare of the Town of Vail and promote the coordinated and harmonious development of the Town of Vail in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 10-1, Building Codes, Vail Town Code, is hereby repealed and reenacted to read as follows: CHAPTER1 BUILDING CODES SECTION: 10-1-1: Preamble 10-1-2: Codes Adopted By Reference 10-1-3: Amendments to International Building Code 10-1-4: Amendments to International Residential Code 10-1-5: Amendments to International Fire Code 10-1-6 Amendments to the International Energy Conservation Code 10-1-7 Amendments to the Uniform Code for the Abatement of Dangerous Buildings 10-1-8: Copies of Codes Available 10-1-9: Penalties 10-1-1: PREAMBLE: The Charter of the Town of Vail and the statutes of the State of Colorado provide that standard codes may be adopted by reference with amendments and the Town of Vail wishes to adopt the 2015 editions of the International Building Code, the International Residential Code, the International Fire Code, the International Mechanical Code, the International Energy Conservation Code, the International Existing Building Code, 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings, the Colorado Plumbing Code, the Colorado Fuel Gas Code, and the 2014 edition of the National Electric Code. Ordinance No. 14, Series of 2015 2 10-1-2: CODES ADOPTED BY REFERENCE: A. Building Code: The International Building Code 2015 Edition including Appendix Chapters B, E, G, J and K, and the International Residential Code, 2015 Edition including Appendix Chapters F and J are hereby adopted by reference. The International Building Code, 2015 Edition and the International Residential Code, 2015 Edition are published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. B. Fire Code: The International Fire Code, 2015 Edition including Appendix Chapters A, B, C, D, E, G, H, I and J as amended is hereby adopted by reference. The International Fire Code, 2015 Edition is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. C. Mechanical Code: The International Mechanical Code, 2015 Edition is hereby adopted by reference. The International Mechanical Code, 2015 Edition is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. D. Colorado Plumbing Code: The Colorado Plumbing Code is hereby adopted by reference. The Colorado Plumbing Code is established by the State of Colorado, 1560 Broadway Suite 1350, Denver, Co 80202. E. Colorado Fuel Gas Code: is hereby adopted by reference. The Colorado Fuel Gas Code is established by the State of Colorado, 1560 Broadway Suite 1350, Denver, Co 80202. F. Energy Code. The International Energy Conservation Code, 2015 Edition is hereby adopted by reference. The International Energy Conservation Code, 2015 Edition is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, 11 60478-5705. G. Electrical Code: The National Electrical Code, 2014 Edition is hereby adopted by reference. The National Electrical Code, 2014 Edition is published by the National Fire Protection Association Inc., 1 Batterymarch Park, Quincy, MA 02269. H. Existing Building Code: The International Existing Building Code, 2015 Edition is hereby adopted by reference. The International Existing Building Code, 2015 Edition is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. I. Abatement Code: The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, is hereby adopted by reference. The Uniform Code for the Abatement Ordinance No. 14, Series of 2015 3 of Dangerous Buildings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. 10-1-3: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the International Building Code, 2015 Edition: SECTION 101.1 — TITLE: Title is amended as follows: These regulations shall be known as the Building Code of The Town of Vail, hereinafter referred to as "this code." SECTION 101.4 — REFERENCED CODES: Section 101.4, Referenced Codes, is hereby amended to read as follows: The other codes listed in 101.4.1 through 101.4.6 and referenced elsewhere in this code shall not be considered part of this code unless specifically adopted. SECTION 105.2 — WORK EXEMPT FROM PERMIT: Amended with addition of the following text: Item 2: Fences not over 6 feet. Note: Fences required per IBC section 3109 are not exempt from a permit. Item 14: Decks not over 30 inches above grade and not part of a means of egress or an accessible route. SECTION 110.3.8- OTHER INSPECTIONS: Amended with the addition of the following text: The building official is authorized to make or require inspection of construction work as required by Titles 11 thru 14 of the Town of Vail Town Code as directed by the administrator of these regulations. SECTION 1505.1.2- CLASS A ROOFING: Amended to add this new section to read as follows: Class A roofing shall be installed on all roofs. Exception: 1. Metal and concrete roof systems. SECTION 1505.6 — FIRE RETARDANT TREATED WOOD SHINGLES AND SHAKES: This section is deleted in its entirety and shall be replaced with the following text: All roof coverings and roof assemblies shall comply with Section 14-10-5f, of the Town Code which requires Class A roof coverings or Class A roof assemblies for all structures within the Town of Vail. Wood shingles and shake coverings or assemblies are prohibited except where exempted for replacement or repair per Section 14-10-5f, Vail Town Code. SECTION 1510.7- SNOW RETENTION. With the addition of this new section to read as follows: New roof assemblies shall be designed to prevent accumulations of snow from Ordinance No. 14, Series of 2015 4 shedding onto exterior balconies, decks, pedestrian and vehicular exits from buildings, stairways, sidewalks, streets, alleys, areas directly above or in front of gas and electrical utility meters, or adjacent properties. The design of snow retention devices shall be provided by a licensed structural engineer or as determined by the Building Official. Exception 1: Roof areas with a horizontal dimension of no more than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to any intersecting vertical surface. SECTION 1603.2- BOULDER WALLS: With the addition of this new section to read as follows: Boulder or rock walls more than four feet tall shall be designed by a licensed engineer. SECTION 1604.1.1- HAZARD AREA REQUIREMENTS: With the addition of this new section to read as follows: All new construction and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazards shall be designed as required by Chapter 12-21, Hazard Regulations. SECTION 1608.2.1- ROOF SNOW LOADS: With the addition of this new section to read as follows: Designs for roof snow loads shall be as follows: Roof pitches of less than 4:12 shall be designed to carry a one hundred (100) pound per square foot snow load and roof pitches of 4:12 and greater shall be designed to carry an eighty (80) pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase surcharge loading due to snow drifting or type of roof covering. SECTION 2902.2- SEPARATE FACILITIES: Exception 2 of this section is amended to read as follows: Exception 2: Separate facilities shall not be required in structures or tenant spaces with a total occupant load including both employees and customers of 30 or fewer. 10-1-4: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE: The following amendments are hereby made to the International Residential Code, 2015 Edition: SECTION 101.1 — TITLE: Title is amended to read as follows: These regulations shall be known as the Building Code of The Town of Vail, hereinafter referred to as "this code." SECTION R105.2- WORK EXEMPT FROM PERMIT: Amended this section with addition of the following text: Item 2, Fences not over six (6) feet (2134 mm) high. Ordinance No. 14, Series of 2015 5 Item 10, Decks that are not more than 30 inches above grade at any point. SECTION R313.1- TOWNHOUSE AUTOMATIC FIRE SPRINKLER SYSTEMS: This section to be amended as follows: An automatic residential fire sprinkler system shall be installed in townhomes. Exception: An automatic residential fire sprinkler system may be required where additions or alterations are made to existing townhomes depending on scope and size of project in accordance with Vail Fire and Emergency Services fire sprinkler installation requirements SECTION R313.1.1- DESIGN AND INSTALLATION: This section to be amended to read as follows: Automatic residential fire sprinkler systems for townhomes shall be designed and installed in accordance with NFPA 13D and Vail Fire and Emergency Services fire sprinkler installation requirements. SECTION: R313.2- ONE AND TWO FAMILY DWELLINGS AUTOMTIC FIRE SYSTEMS: This section to be amended to read as follows: Automatic residential fire sprinkler systems shall be designed and installed in accordance with NFPA 13D and Vail Fire and Emergency Services fire sprinkler installation standards. SECTION R313.2.1- DESIGN AND INSTALLATION: This section is hereby amended to read as follows: Automatic residential fire sprinkler systems shall be designed and installed in accordance with NFPA 13D and Vail Fire and Emergency Services fire sprinkler installation standards. SECTION R315.2- WHERE REQUIRED: This section is hereby amended to read as follows: Carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. 38-45-101, and Vail Fire and Emergency Services alarm installation standards. SECTION R315.2.1- NEW CONSTRUCTION: This section is hereby amended to read as follows: For new construction, carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. 38-45-101, and Vail Fire and Emergency Services alarm installation standards. SECTION R315.3- LOCATION: This section is hereby amended to read as follows: Carbon monoxide alarms in dwelling units shall be installed outside of each separate sleeping area in their immediate vicinity of the bedrooms. Where a gas appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. In addition to above locations, alarms shall be installed per the authority having jurisdiction, NFPA 72, NFPA 720, C.R.S. 38-45-101, and Vail Fire and Emergency Services alarm installation standards. Ordinance No. 14, Series of 2015 6 SECTION R315.6- CARBON MONOXIDE DETECTION SYSTEMS; This section is hereby amended to read as follows Carbon monoxide detection systems shall be permitted to be used in lieu of carbon monoxide alarms and shall comply with NFPA 72, NFPA 720, C.R.S. 38-45-101, and Vail Fire and Emergency Services alarm installation standards. SECTION R315.6.2- LOCATION: This section is hereby amended to read as follows: Carbon monoxide detectors shall be installed in the locations specified in NFPA 72, NFPA 720, C.R.S. 38-45-101, and Vail Fire and Emergency Services alarm installation standards. SECTION R902.1- CLASS A ROOFING: With the addition of this new section to read as follows: Class A roofing shall be installed on all roofs. Exception 1: Metal and concrete roof systems. CHAPTER 11- ENERGY EFFICENCY: Replace text of this chapter with the residential provision of the International Energy Conservation Code 2015 edition as amended by the Town of Vail. CHAPTER 24- FUEL GAS CODE: Replace the text of this chapter with the Colorado Fuel Gas Code as established by the State of Colorado. CHAPTER 25- PLUMBING ADMINISTRATION: Replace text of this chapter with the Colorado Plumbing Code as established by the State of Colorado 10-1-5: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: The following amendments are hereby made to the International Fire Code, 2015 Edition: SECTION 101.1 — TITLE: Title is hereby amended as follows: These regulations shall be known as the Fire Code of the Town of Vail, hereinafter referred to as "this code." SECTION 102.7- REFERENCED CODES AND STANDARDS: This section is to be deleted in its entirety and shall be replaced with the following text: The codes and standards referenced in this code shall be those listed in Chapter 80 and Vail Fire and Emergency Services Standards as approved by the Vail Fire Code Official and as published on the Town of Vail web site at www.vailgov.com. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where codes and standards are adopted by other governmental jurisdictions, and where differences occur between provisions of this code Ordinance No. 14, Series of 2015 7 and the adopted standards, the more stringent of the two shall apply. Fire sprinkler standards, fire alarm standards, commissioning standards and related standards shall be published and available for review. SECTION 202 -DEFINITIONS: Amend to add this new section to read as follows: Tampering: Any alteration, damage, misuse or deactivation and/or any similar actions that render inoperable any fire protection, fire detection or life safety system without express written approval of Vail Fire and Emergency Services. SECTION 304.1- WASTE ACCUMULATION PROHIBITED: This section is hereby amended to read as follows: Combustible waste including debris piles from construction activities creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises. SECTION 307.1.1- PROHIBITED OPEN BURNING: This section is hereby amended to read as follows: Open burning is prohibited. SECTION 307.4.1- BONFIRES: This section is hereby amended to read as follows: Bonfires are prohibited. SECTION 307.4.2- RECREATIONAL FIRES: This section is hereby amended to read as follows: Recreational fires are prohibited. SECTION 307.5- ATTENDANCE: This section is hereby amended to read as follows: The use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire -extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. SECTION 308.1.4- OPEN -FLAME COOKING DEVICES: This section is hereby amended to read as follows: Charcoal burners and other open -flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. A handheld extinguisher shall be kept within 10 feet of any open flame cooking device. Charcoal grills shall not be used under covered decks or above grade level, regardless of construction type. Exceptions: 1. One- and two-family dwellings. 2. Where buildings, balconies and decks are protected by an automatic sprinkler system. 3. LP -gas cooking devices having LP -gas container with a water capacity not greater than 47 Pounds (nominal 20 pound LP gas capacity). Ordinance No. 14, Series of 2015 8 SECTION 507.5.7- MOUNTAIN HYDRANTS: Amend to add this new section to read as follows: New hydrants that are to be installed in unheated areas shall be Mountain Hydrant specifications unless otherwise approved by the fire code official. SECTION 901.6.1- INSPECTION, TESTING, and MAINTENANCE: This section is hereby amended to read as follows: Fire detection, alarm, and extinguishing systems, mechanical smoke exhaust systems, and smoke and heat vents shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Existing systems, including notification and signaling devices that are no longer listed by U.L or supported by manufacturer shall be replaced per current NFPA and Vail Fire and Emergency Services fire alarm installation standards. Non required fire protection systems and equipment shall be inspected, tested and maintained or removed. SECTION 901.11 LIFE SAFETY REPORTS: With the addition of this new section to read as follows: A Life Safety Report shall be approved by the Vail Fire Code Official prior to issuance of a building permit for all buildings fifty-five (55) feet or greater in height, measured from fire department access to the highest occupied floor level, inaccessible buildings or where the building is employing a performance based design. Elements of the Life Safety Report shall include, but are not limited to: exiting, travel distances, smoke control, smoke management, fire alarm and detection, fire sprinkler systems, standpipe systems, fire pumps, and other elements directly related to fire and life safety. SECTION 902 -DEFINITIONS: This section is hereby amended to add the following text: False Alarms: See Title 4, Business and License Regulations, Vail Town Code. SECTION 903.2.10- GROUP S-2 ENCLOSED PARKING GARAGES: Delete the following exception: Enclosed parking garages located beneath Group R-3 occupancies. SECTION 903.1.3 NFPA 13D SPRINKLER SYSTEMS. This section is amended to read as follows: Automatic sprinkler systems installed in one- and two family dwellings; Group R-3; Group R-4 Condition 1 and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D and Vail Fire and Emergency Installation Standards. SECTION 903.3.5.1.1- LIMITED AREA SPRINKLER SYSTEMS: Delete section in its entirety. Ordinance No. 14, Series of 2015 9 SECTION 903.4- SPRINKLER SYSTEM SUPERVISION AND ALARMS: This section is amended to read as follows: Valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures and waterflow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit. Delete Exceptions 1 through 7. SECTION 907.2.11.2- GROUPS R-2, R -3,R-4, 1-1 AND ALL RESIDENTIAL PROPERTIES THAT ARE AVAILABLE FOR RENT OR LEASE: This section is hereby amended to read as follows: Single or multiple -station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4, 1-1 and all residential properties available for rent or lease regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. SECTION 907.2.11.4- INSTALLATION NEAR BATHROOMS: This section is hereby amended to read as follows: Smoke alarms shall be installed not less than Six feet horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section 907.2.11.1 or 907.2.11.2. SECTION 907.4.1 -PROTECTION OF FIRE ALARM CONTROL UNIT: This section is hereby amended to read as follows: In areas that are not continuously occupied, a single smoke detector shall be provided at the location of each fire alarm control unit, notification appliance circuit power extenders and supervising station transmitting equipment. Exceptions: 1. Where ambient conditions prohibit installation of smoke detector, a heat detector shall be permitted. 2. In residential installations where the control panel is located in a closet or room with no mechanical equipment. SECTION 907.4.2.3- COLOR: This section is hereby amended to read as follows: Manual fire alarm boxes shall be red or white in color. SECTION 907.6.3- INITIATING DEVICE IDENTIFICATION: This section is hereby amended to read as follows: The fire alarm system shall identify the specific initiating Ordinance No. 14, Series of 2015 10 device address, location, device type, floor level where applicable and status including indication of normal, alarm, trouble and supervisory status, as appropriate. Exceptions: Special initiating devices that do not support individual device identification. SECTION 907.6.6- MONITORING: This section is hereby amended to read as follows: Fire alarm systems required by this chapter or by the International Building Code shall be monitored by an approved supervising station in accordance with NFPA 72. SECTION 915.1.1- WHERE REQUIRED: This section is hereby amended to reads as follows: Carbon monoxide detection shall be provided in Group 1-1, 1-2, 1-4 and R occupancies, existing one and two family dwellings, multiple single family dwellings (townhouses) and apartments, in classrooms in Group E occupancies in the locations specified in Section 915.2 where any of the conditions in Sections 915.1.2 through 915.1.6 exist. SECTION 1103.8- SINGLE AND MULTIPLE -STATION SMOKE ALARMS: This section is hereby amended to read as follows: Single and multiple -station smoke alarms shall be installed in existing Group 1-1 and R occupancies including single and multiple family dwellings, townhomes and apartments in accordance with Sections 1103.8.1 through 1103.8.3 and shall meet installation requirements as stated in NFPA 72, 2013 ed. SECTION 1103.8.1- WHERE REQUIRED: This section is hereby amended to read as follows: Existing Group 1-1 and R occupancies shall be provided with single -station smoke alarms in accordance with Section 907.2.11. Interconnection and power sources shall be in accordance with Sections 1103.8.2 and 1103.8.3, respectively. Exceptions: 1. Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided. 2. Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms. APPENDIX B - FIRE FLOW REQUIREMENTS: This section is hereby amended to read as follows: The maximum reduction for sprinkled buildings shall be not greater than 50%. APPENDIX D- FIRE APPARATUS ACCESS ROADS: Amend this section by adding the following language as follows: This section is for reference only but may be used in performance based design. Refer to Title 14, Development Standards, Vail Town Code. Ordinance No. 14, Series of 2015 11 10-1-6: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments are hereby made to the International Energy Conservation Code, 2015 Edition. TABLE C402.1.3- OPAQUE THERMAL ENVELOPE INSULATION COMPONENTS MINIMUM REQUIREMENTS, R- VALUE METHOD: Amended this table with addition of the following text: Wood framed and other may use R-21 in lieu of continuous insulation. SECTION C403.2.4- EFFICENCY RATING (MANDATORY): With the addition of this new section to read as follows: Heating equipment shall have a minimum efficiency of ninety-two percent (92%) AFUE. Exception: Does not apply to addition, repair, or alteration of existing buildings TABLE R402.1.3- INSULATION AND FENSTRATION REQUIREMENTS BY COMPONENT: Amended this table with addition of the following text: Wood framed walls may use R-21 in lieu of continuous insulation. SECTION R402.2.11- HEATED SLAB- ON- GRADE FLOORS: With the addition of this new section to read as follows: A minimum of R-10 insulation shall be installed under the slab extending horizontally from the exterior wall of the building envelope for 4 feet. SECTION R403.7.1- EFFICENCY RATING (MANDATORY): With the addition of this new section to read as follows: Heating equipment shall have a minimum efficiency of ninety-two percent (92%) AFUE. Exception: Does not apply to addition, repair, or alteration of existing buildings SECTION R403.10- FIRE PITS: With the addition of this new section to read as follows: Fire pits serving residential unit(s) require automatic shut-off controls with a maximum thirty (30) minutes timer. 10-1-7: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION: The following amendments are hereby made to the Uniform Code for the Abatement of Dangerous Buildings 1997 Edition: SECTION 301- GENERAL: This section is herby amended to read as follows: For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code. Ordinance No. 14, Series of 2015 12 BUILDING CODE: is the International Building Code as adopted and amended by the Town of Vail. DANGEROUS BUILDING: is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. 10-1-8: COPIES OF CODES AVAILABLE: Copies of all the codes adopted by this Chapter and all amendments thereto shall be available for inspection at the office of the Town Clerk. 10-1-9: PENALTIES: A. Any person who violates any of the provisions of the Codes adopted by this Chapter or fails to comply therewith or who violates or fails to comply with any order made thereunder or who builds in violation of any detailed statements, specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder or within the time fixed therein shall be guilty of a misdemeanor and subject to penalty as provided in Section 1-4-1 of this Code. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violation or defects within a reasonable time and each day that the prohibited conditions are maintained shall constitute a separate offense. B. The Town of Vail may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief in the District Court in and for the County of Eagle for any violation of any of the provisions of this Chapter. (1997 Code: Ord. 25(1991) § Section 2. The Codes adopted by this Ordinance shall be effective for all Building Permit Applications received by the Town of Vail, Community Development Department, Building Safety and Inspection Services on or after January 1, 2016. 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 Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Ordinance No. 14, Series of 2015 13 Section 5. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 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 PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of October, 2015 and a public hearing for second reading of this Ordinance set for the 20th day of October, 2015, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of October, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series of 2015 14 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 4th day of November, 2015. Witness my hand and seal this day of (I70FffY)\Qa4--- , 2015. T mmy Na Dep (seal) ORDINANCE NO. 14 SERIES OF 2015 AN ORDINANCE REPEALING AND REENACTING CHAPTER 10-1 OF THE VAIL TOWN CODE AND ADOPTING BY REFERENCE THE 2015 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL ENERGY CONSERVATION CODE AND THE INTERNATIONAL EXISTING BUILDING CODE; THE 2012 EDITIONS OF THE INTERNATIONAL PLUMBING CODE AND FUEL GAS CODE; THE 2014 EDITION OF THE NATIONAL ELECTRICAL CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; WITH AMENDMENTS THERETO WHEREAS, the 2015 Editions of the International Building Code, the International Residential Code, the International Fire Code, the International Mechanical Code, the International Energy Conservation Code, the International Existing Building Code, the Colorado Plumbing Code and the Colorado Fuel Gas Code have been published; WHEREAS, the Town's Building and Fire Code Appeals Board has recommended adoption of the codes set forth in this ordinance; and WHEREAS, the Vail Town Council finds that the adoption of the codes in this ordinance will promote the health, safety, 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 1 of Title 10 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: 10-1-1: CODES ADOPTED BY REFERENCE: The following codes are hereby adopted by reference. A. Building Code: The International Building Code, 2015 Edition, including Appendices B, E, G, J and K, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478- 5795. B. Residential Code: The International Residential Code, 2015 Edition, including Appendices F and J, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. 1 11/4/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 14 SERIES OF 2015 BUILDING CODES 1103 2ND READING.DOC C. Fire Code: The International Fire Code, 2015 Edition, including Appendices A, B, C, D, E, G, H, I and J, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478- 5795. D. Mechanical Code: The International Mechanical Code, 2015 Edition, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. E. Plumbing Code: The International Plumbing Code, 2012 Edition, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 1160478-5795. F. Fuel Gas Code: The International Fuel Gas Code, 2012 Edition, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. G. Energy Code: The International Energy Conservation Code, 2015 Edition, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 1160478-5795. H. Electrical Code: The National Electrical Code, 2014 Edition, published by the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, MA 02269. I. Existing Building Code: The International Existing Building Code, 2015 Edition, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 1160478-5795. J. Abatement Code: The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795 is hereby adopted by reference. 10-1-2: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the International Building Code, 2015 Edition: SECTION 101.1 — TITLE: These regulations shall be known as the Building Code of the Town of Vail, hereinafter referred to as "this code." SECTION 101.4 — REFERENCED CODES: Section 101.4 is deleted and replaced with the following: "The other codes listed in 101.4.1 through 101.4.6 and referenced elsewhere in this code shall not be considered part of this code unless specifically adopted." 2 11/4/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 14 SERIES OF 2015 BUILDING CODES 1103 2ND READING.DOC SECTION 105.2 — WORK EXEMPT FROM PERMIT: Section 105.2 is amended by the addition of the following text: "Item 2: Fences not over 6 feet. Note: Fences required per IBC Section 3109 are not exempt from a permit. Item 14: Decks not over 30 inches above grade and not part of a means of egress or an accessible route." SECTION 110.3.8 — OTHER INSPECTIONS: Section 110.3.8 is amended by the addition of the following: "The building official is authorized to make or require inspection of construction work as required by Titles 11 through 14 of the Vail Town Code." SECTION 1505.1.2 — CLASS A ROOFING: Section 1505.1.2 is deleted and replaced with the following: "Class A roofing shall be installed on all roofs. Exception: 1. Metal and concrete roof systems." SECTION 1505.6 — FIRE RETARDANT TREATED WOOD SHINGLES AND SHAKES: Section 1505.6 is deleted and replaced with the following: "All roof coverings and roof assemblies shall comply with Section 14-10-5f of the Vail Town Code which requires Class A roof coverings or Class A roof assemblies for all structures in the Town. Wood shingles and shake coverings or assemblies are prohibited except where exempted for replacement or repair per Section 14-10-5f, Vail Town Code." SECTION 1510.7 — SNOW RETENTION: Section 1510.7 is added, to read as follows: "New roof assemblies shall be designed to prevent accumulations of snow from shedding onto exterior balconies, decks, pedestrian and vehicular exits from buildings, stairways, sidewalks, streets, alleys, areas directly above or in front of gas and electrical utility meters, or adjacent properties. The design of snow retention devices shall be provided by a licensed structural engineer or as determined by the Building Official. Exception 1: Roof areas with a horizontal dimension of no more than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to any intersecting vertical surface." SECTION 1603.2 — BOULDER WALLS: Section 1603.2 is added, to read as follows: "Boulder or rock walls more than four feet tall shall be designed by a licensed engineer." SECTION 1604.1.1 — HAZARD AREAS: Section 1604.1.1 is added, to read as follows: "All new construction and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazards shall be designed in compliance with Chapter 12-21 of the Vail Town Code." SECTION 1608.2.1 — ROOF SNOW LOADS: Section 1608.2.1 is added, to read as follows: "Designs for roof snow loads shall be as follows: Roof 3 11/4/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 14 SERIES OF 2015 BUILDING CODES 1103 2ND READING.DOC pitches of less than 4:12 shall be designed to carry a 100 pound per square foot snow load, and roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase surcharge loading due to snow drifting or type of roof covering." SECTION 2902.2 — SEPARATE FACILITIES: Exception 2 of Section 2902.2 is deleted and replaced with the following: "Exception 2: Separate facilities shall not be required in structures or tenant spaces with a total occupant load including both employees and customers of 30 or fewer." 10-1-3: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE: The following amendments are hereby made to the International Residential Code, 2015 Edition: SECTION 101.1 — TITLE: These regulations shall be known as the Building Code of the Town of Vail, hereinafter referred to as "this code." SECTION R105.2 — WORK EXEMPT FROM PERMIT: Section R105.2 is amended by the addition of the following: "Item 2, Fences not over 6 feet (2134 mm) high;" and "Item 10, Decks that are not more than 30 inches above grade at any point." SECTION R313.1 — TOWNHOUSE AUTOMATIC FIRE SPRINKLER SYSTEMS: Section R313.1 is amended by the addition of the following: "Exception: An automatic residential fire sprinkler system may be required where additions and alterations are made to existing townhomes depending on scope and size of project in accordance with Vail Fire and Emergency Services fire sprinkler installation requirements." SECTION R313.1.1 — DESIGN AND INSTALLATION: Section R313.1.1 is deleted and replaced with the following: "Automatic residential fire sprinkler systems for townhomes shall be designed and installed in accordance with NFPA 13D and Vail Fire and Emergency Services fire sprinkler installation requirements." SECTION: R313.2 — ONE AND TWO FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS: Section R313.2 is deleted and replaced with the following: "Automatic residential fire sprinkler systems shall be designed and installed in accordance with NFPA 13D and Vail Fire and Emergency Services fire sprinkler installation standards." SECTION R313.2.1 — DESIGN AND INSTALLATION: Section R313.2.1 is deleted and replaced with the following: "Automatic residential fire sprinkler systems shall be designed and installed in accordance with 4 11/4/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 14 SERIES OF 2015 BUILDING CODES 1103 2ND READING.DOC NFPA 13D and Vail Fire and Emergency Services fire sprinkler installation standards." SECTION R315.2 — WHERE REQUIRED: Section R315.2 is deleted and replaced with the following: "Carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101, and Vail Fire and Emergency Services alarm installation standards." SECTION R315.2.1 — NEW CONSTRUCTION: Section R315.2.1 is deleted and replaced with the following: "For new construction, carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101, and Vail Fire and Emergency Services alarm installation standards." SECTION R315.3 — LOCATION: Section R315.3 is deleted and replaced with the following: "Carbon monoxide alarms in dwelling units shall be installed outside of each separate sleeping area in their immediate vicinity of the bedrooms. Where a gas appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. In addition to above locations, alarms shall be installed per the authority having jurisdiction, NFPA 72, NFPA 720, C.R.S. § 38-45-101, and Vail Fire and Emergency Services alarm installation standards." SECTION R315.6 — CARBON MONOXIDE DETECTION SYSTEMS: Section R315.6 is deleted and replaced with the following: "Carbon monoxide detection systems shall be permitted to be used in lieu of carbon monoxide alarms and shall comply with NFPA 72, NFPA 720, C.R.S. § 38-45-101, and Vail Fire and Emergency Services alarm installation standards." SECTION R315.6.2 — LOCATION: Section R315.6.2 is deleted and replaced with the following: "Carbon monoxide detectors shall be installed in the locations specified in NFPA 72, NFPA 720, C.R.S. § 38-45-101, and Vail Fire and Emergency Services alarm installation standards." SECTION R902.1 — CLASS A ROOFING: Section R902.1 is added, to read as follows: "Class A roofing shall be installed on all roofs. Exception 1: Metal and concrete roof systems." CHAPTER 11 — ENERGY EFFICIENCY: Chapter 11 is deleted and replaced with the residential provision of the International Energy Conservation Code, 2015 edition, as amended. CHAPTER 24 — FUEL GAS CODE: Chapter 24 is deleted and replaced with the 2015 Edition of the Colorado Fuel Gas Code, as amended. CHAPTER 25 — PLUMBING ADMINISTRATION: Chapter 24 is deleted 5 11/4/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 14 SERIES OF 2015 BUILDING CODES 1103 2ND READING.DOC and replaced with the 2015 Edition of the Colorado Plumbing Code The following amendments are hereby made to the International Fire Code, 2015 Edition: SECTION 101.1 — TITLE: These regulations shall be known as the Fire Code of the Town of Vail, hereinafter referred to as "this code." SECTION 102.7 — REFERENCED CODES AND STANDARDS: Section 102.7 is deleted and replaced with the following: "The codes and standards referenced in this code shall be those listed in Chapter 80 and Vail Fire and Emergency Services Standards. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where codes and standards are adopted by other governmental jurisdictions, and where differences occur between provisions of this code and the adopted standards, the more stringent of the two shall apply. Fire sprinkler standards, fire alarm standards, commissioning standards and related standards shall be published and available for review." SECTION 202 — DEFINITIONS: The following new definition is added to Section 202: "Tampering: Any alteration, damage, misuse or deactivation or any similar action that renders inoperable any fire protection, fire detection or life safety system without the express written approval of Vail Fire and Emergency Services." SECTION 304.1 — WASTE ACCUMULATION PROHIBITED: Section 304.1 is deleted and replaced with the following: "Combustible waste including debris piles from construction activities creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises." SECTION 307.1.1 — PROHIBITED OPEN BURNING: Section 307.1.1 is deleted and replaced with the following: "Open burning is prohibited." SECTION 307.4.1 — BONFIRES: Section 307.4.1 is deleted and replaced with the following: "Bonfires are prohibited." SECTION 307.4.2 — RECREATIONAL FIRES: Section 307.4.2 is deleted and replaced with the following: "Recreational fires are prohibited." SECTION 307.5 — ATTENDANCE: Section 307.5 is deleted and replaced with the following: "The use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire -extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for 6 11/4/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 14 SERIES OF 2015 BUILDING CODES 1103 2ND READING.DOC immediate utilization." SECTION 308.1.4 — OPEN -FLAME COOKING DEVICES: Section 308.1.4 is deleted and replaced with the following: "Charcoal burners and other open -flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. A handheld extinguisher shall be kept within 10 feet of any open flame cooking device. Charcoal burners shall not be used under covered decks or above grade level, regardless of construction type. Exceptions: 1. One- and two-family dwellings. 2. Where buildings, balconies and decks are protected by an automatic sprinkler system, or when balconies, decks and overhanging decks or roofs are constructed with noncombustible finish materials. 3. LP -gas cooking devices having LP -gas container with a water capacity not greater than 47 Pounds (nominal 20 pound LP gas capacity)." SECTION 507.5.7 — MOUNTAIN HYDRANTS: Section 507.5.7 is deleted and replaced with the following: "New hydrants that are to be installed in unheated areas shall be Mountain Hydrant specifications unless otherwise approved by the fire code official." SECTION 901.6.1 — INSPECTION, TESTING, and MAINTENANCE: Section 901.6.1 is deleted and replaced with the following: "Fire detection, alarm, and extinguishing systems, mechanical smoke exhaust systems, and smoke and heat vents shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Existing systems, including notification and signaling devices that are no longer listed by U.L. or supported by manufacturer shall be replaced per current NFPA and Vail Fire and Emergency Services fire alarm installation standards. Non -required fire protection systems and equipment shall be inspected, tested and maintained or removed." SECTION 901.11 — LIFE SAFETY REPORTS: Section 901.11 is added, to read as follows: "A Life Safety Report shall be approved by the Vail Fire Code Official prior to issuance of a building permit for all buildings 55 feet or greater in height, measured from fire department access to the highest occupied floor level, inaccessible buildings or where the building is employing a performance based design. Elements of the Life Safety Report shall include without limitation: exiting, travel distances, smoke control, smoke management, fire alarm and detection, fire sprinkler systems, standpipe systems, fire pumps, and other elements directly related to fire and life safety." SECTION 902 — DEFINITIONS: The following definition is added to Section 902: "False Alarms: See Title 4, Business and License Regulations, Vail Town Code." 7 11/4/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 14 SERIES OF 2015 BUILDING CODES 1103 2ND READING.DOC SECTION 903.2.10 — GROUP S-2 ENCLOSED PARKING GARAGES: The following exception is deleted from Section 903.2.10: "Enclosed parking garages located beneath Group R-3 occupancies." SECTION 903.3.1.2.1 — BALCONIES AND DECKS: The following exception is added to Section 903.3.1.2.1: "Exception: When balcony, deck and overhanging deck or roof is constructed of noncombustible finish materials." SECTION 903.3.1.3 — NFPA 13R SINGLE FAMILY/DUPLEX SPRINKLER SYSTEMS: Section 903.3.1.3 is deleted and replaced with the following: "Where a fire sprinkler system is required by this code, automatic sprinkler systems shall be installed in a one and two-family dwelling and townhouses in accordance with NFPA 13R and Vail Fire and Emergency Services Installation Standards." SECTION 903.3.5.1.1 — LIMITED AREA SPRINKLER SYSTEMS: Section 903.3.5.1.1 is deleted. SECTION 903.4 — SPRINKLER SYSTEM SUPERVISION AND ALARMS: Exceptions 1 through 7 of Section 903.4 are deleted. SECTION 907.2.11.2 — GROUPS R-2, R -3,R-4, 1-1 AND ALL RESIDENTIAL PROPERTIES THAT ARE AVAILABLE FOR RENT OR LEASE: Section 907.2.11.2 is deleted and replaced with the following: "Single or multiple -station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4, 1-1 and all residential properties available for rent or lease regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level." SECTION 907.2.11.4 — INSTALLATION NEAR BATHROOMS: Section 908.2.11.4 is deleted and replaced with the following: "Smoke alarms shall be installed not less than 6 feet horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section 907.2.11.1 or 907.2.11.2." SECTION 907.4.1 — PROTECTION OF FIRE ALARM CONTROL UNIT: Section 907.4.1 is deleted and replaced with the following: "In areas that are not continuously occupied, a single smoke detector shall be provided 8 11/4/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 14 SERIES OF 2015 BUILDING CODES 1103 2ND READING.DOC at the location of each fire alarm control unit, notification appliance circuit power extenders and supervising station transmitting equipment. Exceptions: 1. Where ambient conditions prohibit installation of smoke detector, a heat detector shall be permitted. 2. In residential installations where the control panel is located in a closet or room with no mechanical equipment." SECTION 907.4.2.3 — COLOR: Section 907.4.2.3 is deleted and replaced with the following: "Manual fire alarm boxes shall be red or white in color." SECTION 907.6.3 — INITIATING DEVICE IDENTIFICATION: Section 907.6.3 is deleted and replaced with the following: "The fire alarm system shall identify the specific initiating device address, location, device type, floor level where applicable and status including indication of normal, alarm, trouble and supervisory status, as appropriate. Exceptions: Special initiating devices that do not support individual device identification." SECTION 907.6.6 — MONITORING: Section 907.6.6 is deleted and replaced with the following: "Fire alarm systems required by this chapter or by the International Building Code shall be monitored by an approved supervising station in accordance with NFPA 72." SECTION 915.1.1 —WHERE REQUIRED: Section 915.1.1 is deleted and replaced with the following: "Carbon monoxide detection shall be provided in Group 1-1, 1-2, 1-4 and R occupancies, existing one- and two-family dwellings, multiple single family dwellings (townhouses) and apartments, in classrooms in Group E occupancies in the locations specified in Section 915.2 where any of the conditions in Sections 915.1.2 through 915.1.6 exist." SECTION 1103.8 — SINGLE AND MULTIPLE -STATION SMOKE ALARMS: Section 1103.8 is deleted and replaced with the following: "Single and multiple -station smoke alarms shall be installed in existing Group 1-1 and R occupancies including single and multiple family dwellings, townhomes and apartments in accordance with Sections 1103.8.1 through 1103.8.3." SECTION 1103.8.1 — WHERE REQUIRED: Section 1103.8.1 is deleted and replaced with the following: "Existing Group 1-1 and R occupancies shall be provided with single -station smoke alarms in accordance with Section 907.2.11. Interconnection and power sources shall be in accordance with Sections 1103.8.2 and 1103.8.3, respectively. Exceptions: 1. Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided. 2. Where smoke detectors 9 11/4/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 14 SERIES OF 2015 BUILDING CODES 1103 2ND READING.DOC connected to a fire alarm system have been installed as a substitute for smoke alarms." APPENDIX B — FIRE FLOW REQUIREMENTS: The following is added to Appendix B: "The maximum reduction for sprinkled buildings shall be not greater than 50%." APPENDIX D — FIRE APPARATUS ACCESS ROADS: The following is added to Appendix D: "This section is for reference only but may be used in performance based design. Refer to Title 14, Development Standards, Vail Town Code." 10-1-5: AMENDMENTS TO INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments are hereby made to the International Energy Conservation Code, 2015 Edition. TABLE C402.1.3 — OPAQUE THERMAL ENVELOPE INSULATION COMPONENTS MINIMUM REQUIREMENTS, R- VALUE METHOD: Table C402.1.3 is amended by the addition of the following: "Wood framed and other may use R-21 in lieu of continuous insulation." SECTION C403.2.4 — EFFICIENCY RATING (MANDATORY): Section C403.2.4 is added, to read as follows: "Heating equipment shall have a minimum efficiency of 92% AFUE. Exception: Does not apply to addition, repair, or alteration of existing buildings." TABLE R402.1.3 — INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT: Table R402.1.3 is amended by the addition of the following: "Wood framed walls may use R-21 in lieu of continuous insulation." SECTION R402.2.11 — HEATED SLAB- ON- GRADE FLOORS: Section R402.2.11 is added, to read as follows: "A minimum of R-10 insulation shall be installed under the slab extending horizontally from the exterior wall of the building envelope for 4 feet." SECTION R403.7.1 — EFFICIENCY RATING (MANDATORY): Section R403.7.1 is added, to read as follows: "Heating equipment shall have a minimum efficiency of 92% AFUE. Exception: Does not apply to addition, repair, or alteration of existing buildings." SECTION R403.10 — FIRE PITS: Section R403.7.1 is added, to read as follows: "Fire pits serving residential unit(s) require automatic shut-off controls with a maximum 30 -minute timer." 10-1-6: AMENDMENTS TO INTERNATIONAL PLUMBING CODE: 10 11/4/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 14 SERIES OF 2015 BUILDING CODES 1103 2ND READING.DOC The Town hereby adopts by reference all amendments to the International Plumbing Code, 2012 Edition, adopted by the State of Colorado and referred to as the "Colorado Plumbing Code." 10-1-7: AMENDMENTS TO INTERNATIONAL FUEL GAS CODE: The Town hereby adopts by reference all amendments to the International Fuel Gas Code, 2012 Edition, adopted by the State of Colorado and referred to as the "Colorado Fuel Gas Code." 10-1-8: AMENDMENTS TO UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS: The following amendment is hereby made to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition: SECTION 301 — GENERAL: Section 301 is deleted and replaced with the following: "For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code. BUILDING CODE: the International Building Code as adopted and amended by the Town of Vail. DANGEROUS BUILDING: any building or structure deemed to be dangerous under Section 302 of this code." 10-1-9: COPIES OF CODES AVAILABLE: Copies of all codes adopted by this Chapter and all amendments thereto shall be available for inspection at the office of the Town Clerk during regular business hours. ` Ills du3■»ZFAR 111*3 A. A person who violates any provision of the Codes adopted by this Chapter or fails to comply with any order made thereunder or who builds in violation of any detailed statements, specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder shall be subject to the penalties provided in Section 1-4-1 of this Code. Each day that the violation continues shall constitute a separate offense. B. The Town may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief for a violation of any provision of this Chapter. Section 2. The Codes adopted by this Ordinance shall be effective for all Building Permit Applications received by the Town's Community Development Department, Building Safety and Inspection Services on or after November 15, 2015. 11 11/4/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 14 SERIES OF 2015 BUILDING CODES 1103 2ND READING.DOC INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of October, 2015 and a public hearing and second reading of this Ordinance set for the 20th day of October, 2015, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd day of November, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 12 11/4/2015 IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 14 SERIES OF 2015 BUILDING CODES 1103 2ND READING.DOC PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 7th day of October, 2015. 4-, Witness my hand and seal this '% — day of2015. Tammy Nagel Deputy Clerk (seal) ORDINANCE NO. 15 SERIES OF 2015 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2016 THROUGH DECEMBER 31, 2016 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2015 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2016, and ending on the 31St day of December, 2016: FUND AMOUNT General Fund $36,724,766 Capital Projects Fund 23,532,169 Real Estate Transfer Tax Fund 12,525,830 Vail Marketing Fund 326,100 Heavy Equipment Fund 3,123,400 Dispatch Services Fund 2,594,617 Health Insurance Fund 4,555,000 Timber Ridge Enterprise Fund 1,236,153 Total 84,618,035 Less Interfund Transfers (12,241,359) =Net Expenditure Budget 72,376,676 Ordinance No. 15, Series of 2015 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2016 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. 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. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. 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, this 6th day of October, 2016. A public hearing shall be held hereon on the 20th day of October, 2015, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 15, Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 21st day of October, 2015. Witness my hand and seal this day of r) , 2015. a y Nag Dep (seal) ORDINANCE NO. 15 SERIES OF 2015 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2016 THROUGH DECEMBER 31, 2016 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2015 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2016, and ending on the 315` day of December, 2016: FUND AMOUNT General Fund $36,724,766 Capital Projects Fund 23,532,169 Real Estate Transfer Tax Fund 12,525,830 Vail Marketing Fund 326,687 Heavy Equipment Fund 3,123,400 Dispatch Services Fund 2,594,617 Health Insurance Fund 4,555,000 Timber Ridge Enterprise Fund 1,236,153 Total 84,618,622 Less Interfund Transfers (12,242,646) =Net Expenditure Budget 72,375,976 Ordinance No. 15. Series of 2015 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2016 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. 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. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. 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, this 6th day of October, 2016. A public hearing shall be held hereon on the 20th day of October, 2015, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 15. Series of 2015 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of October 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 15. Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16 Series of 2015, on the Town of Vail's web site, www.vail-gov.com, on the 18th day of November, 2015. Witness my hand and seal this /16+qday of 2015. j mgel Clerk (seal) ORDINANCE NO. 16 SERIES OF 2015 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2015 TAX YEAR AND PAYABLE IN THE 2016 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2015 year and payable in the 2016 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2016 fiscal year, the Town Council hereby levies a property tax of 4.727 mills upon each dollar of the total assessed valuation of $999,559,410 for the 2015 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,724,918 calculated as follows: Base mill levy 4.690 $4,687,934 Abatement levy .037 _ 36,984 Total mill levy 4.727 4 724 918 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, Ordinance 16, Series of 2015 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 17th day of November, 2015. A public hearing shall be held hereon at 6 P.M. on the 1 st day of December, 2015, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dave Chapin, Town Mayor ATTEST: Patty McKenny, Town Clerk Ordinance 16, Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 2 I day of December, 2015. a Witness my hand and seal this Z 12 day of e- 2015. amm agel Deputy Clerk (seal) ORDINANCE NO. 16 SERIES OF 2015 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2015 TAX YEAR AND PAYABLE IN THE 2016 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2015 year and payable in the 2016 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2016 fiscal year, the Town Council hereby levies a property tax of 4.727 mills upon each dollar of the total assessed valuation of $992,585,240 for the 2015 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,692,209 calculated as follows: Base mill levy 4.690 $4,655,225 Abatement levy .037 _ 36,984 Total mill levy 4.727 4 692 209 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, Ordinance 16, Series of 2015 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 17th day of November, 2015. A public hearing shall be held hereon at 6 P.M. on the 1 st day of December, 2015, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 1 st day of December 2015. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance 16, Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of December, 2015. Witness my hand and seal this of2015. T mmy gel Deputy Clerk (seal) ORDINANCE NO. 17 SERIES OF 2015 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, POLICE CRIMES FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, DISPATCH SERVICES FUND, AND TIMBER RIDGE ENTERPRISE FUND OF THE 2015 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2015 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 18, Series of 2014, adopting the 2015 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2015 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 160,771 Capital Projects Fund 93,747 Real Estate Transfer Tax Fund 55,790 Timber Ridge Enterprise Fund 49,944 Total $ 360,252 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 17, Series of 2015 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of December, 2015, and a public hearing shall be held on this Ordinance on the 15th day of December, 2015, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 17, Series of 2015 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 16'h day of December, 2015. Witness my hand and seal this 16th day of December, 2015. Tammy Nagel Deputy Clerk (seal) ORDINANCE NO. 17 SERIES OF 2015 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND TIMBER RIDGE ENTERPRISE FUND OF THE 2015 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2015 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 18, Series of 2014, adopting the 2015 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2015 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 193,099 Capital Projects Fund 93,747 Real Estate Transfer Tax Fund 55,790 Timber Ridge Enterprise Fund 49,944 Total $ 392,580 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is Ordinance No. 17, Series of 2015 necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of December, 2015, and a public hearing shall be held on this Ordinance on the 15th day of December, 2015, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of December 2015. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 17, Series of 2015