HomeMy WebLinkAbout1987-13 Authorizing the Issuance of West Vail Local Improvement District No 1. Special Assessment Bonds In the Aggregate Principal Amount of $525,000x OV'~.t/t~-~.t- ~ I3
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CERTIFIED RECORD OF PROCEEDINGS,
OF THE
TOWN COUNCIL
OF THE
TOWN OF VAIL. EAGLE COUNTY, COLORADO
RELATING TO AN ORDINANCE AUTHORIZING THE ISSUANCE OF,
TOWN OF VAIL, COLORADO,
WEST VAIL LOCAL IMPROVEMENT DISTRICT NO. 1
SPECIAL ASSESSMENT BONDS
DATED JUNE 1. 1987
IN THE AGGREGATE PRINCIPAL AMOUNT OF $525,000
f t
STATE OF COLDRADO )
COUNTY OF EAGLE ) ss.
)
TOWN OF VATL )
•
The Town Council of the Town of
Colorado, met in regular session, in full
Town Charter, ordinances and all other appli
regulations, at the Municipal Building in
regular meeting place thereof, on Tuesday,
1987, at the hour of 7:30 p.m.
Vail, Eagle County,
conformity with the
cable laws, rules and
Vail, Colorado, the
the 5th day of May,
The following members of the Town Council were present:
Mayor:
Mayor Prn-Tem:
Council Members:
Paul R. Johnston
Kent Rose
Eric Affeldt
Gordon Pierce
John Slevin
Hermann Staufer
Gail Wahrlich-Lowenthal
The following persons were also present:
Town Manager:
Director of Adminis-
trative Services
Town Attorney:
Town Clerk:
Randall Phillips
Charles Wick
Lawrence A. Eskwith
Pamela A. Brandmeyer
Thereupon the following proceedings, among others, were
had and taken:
Council Member Gordon Pierce introduced and moved the
approval on first reading of the following Ordinance, which was
then read by title, sufficient copies of the full ordinance
having previously been made available to the Town Council and to
the public:
D24783 1 05/19/87
i ~ ~i
ORDINANCE NO. 13
SERIES OF 1987
AN ORDINANCE AUTHORIZING THE ISSUANCE OF TOWN
OF VAIL. COLORADO, WEST VAIL LOCAL
IMPROVEMENT DISTRICT NO. Z, SPECIAL
ASSESSMENT BONDS, DATED JUNE 1, 1987, IN THE
AGGREGATE PRINCIPAL AMOUNT OF ,5525,000, FOR
THE PURPOSE OF PAYING A PORTION OF THE COST
OF CONSTRUCTING AND INSTALLING IMPROVEMENTS
THEREIN; PRESCRIBING THE FORM OF THE BONDS;
PROVIDING FOR THE PAYMENT OF THE BONDS AND
THE INTEREST THEREON; AND MAKING PROVISION
FOR OTHER MATTERS RELATING THERETO.
WHEREAS, the Town Council (the "Council") of the Town
of Vail, Colorado (the "Town"), has by Ordinance No. 10, Series
of 1987, created Town of Vail, Colorado, West Vail Local
Improvement District No. 1 (the "District") for the purpose of
constructing and installing certain improvements to streets in
the District, including, but not limited to, preparation and
paving, drainage, lighting and safety, and improvements to the
sanitary sewer system in the District, including, but not limited
to, a new sewer main (collectively, the "Improvements") all in
accordance with the Charter of the Town (the "Charter") and
Chapter 20.04 of the Vail Cade (the "Code"); and
WHEREAS, pursuant to Ordinance No. 10, Series of 1987,
the Council approved the plans for and authorized and ordered the
construction and installation of the Improvements as shown by
preliminary plans approved by the Council; and
WHEREAS, the Town Manager has submitted to the Council
estimates of the total cost of constructing and installing the
Improvements, including engineering, legal and incidental costs,
and the Town has entered into certain contracts for the
construction and installation of the Improvements; and
WHEREAS, the construction and installation of the
improvements in the District will confer general benefits on the
Town and special benefits on the assessable property within the
District; and
WHEREAS, the Council has determined that the portion of
the CQSt of construction and installation of the Improvements to
be assessed against the property within the District will not
exceed $525,000 and that special assessment bonds of the Town for
the District should be issued in said amount; and
D24783 2 05/04/87
~ ~ ~
WHEREAS, the Town has agreed to make a cash
contribution for the balance of the cast of construction and
installation of the Improvements; and
WHEREAS, Kirchner Moore & Company, Denver, Colorado
(the "Purchaser") has offered to purchase said bands at a net
effective interest rate not exceeding 8.5% per annum; and
WHEREAS, it is necessary to authorize the issuance of
said bonds and to provide for the repayment thereof.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, AS FOLLOWS:
Section 1. Approval of Cost Estimates. The estimates
of the cost of constructing and installing the improvements
submitted to the Council by the Town Manager are hereby approved.
Section 2. Sale of Bonds. The Town and the Purchaser
have entered into a Purchase Agreement, dated May 19, 1987, for
the sale and purchase of the Bonds as hereinafter defined. The
Purchase Agreement is hereby ratified, approved and confirmed.
Section 3. Authorization and Description of Bonds.
For the purpose of paying a portion of the cost of constructing
and installing the Improvements and the costs incidental thereto
as permitted by the Charter and the Cade, the Town shall issue
its Town of Vail, Colorado, West Vail Local Improvement District
No. 1, Special Assessment Bonds, dated June 1, 1987, in the
aggregate principal amount of $525,000 (the "Bonds").
The Bonds shall be issued in fully registered form in
the denomination of $5,000 each, consisting of 105 Bonds,
numbered consecutively from 1 to 105, inclusive. The Bonds shall
mature on October 1, 1997, and shall bear interest as herein set
forth. Pursuant to the recommendations of the Committee on
Uniform Security Identification Procedures, CUSIP numbers may be
printed on the Bonds.
The following numbered Bands i
amounts shall bear per annum interest
October 1, 1997, except if redeemed
following interest rates:
n the following principal
from June 1, 1987, to
prior thereto, at the
D24763 3 05/04/87
Sands Numbered
(both inclusive)
Principal
Amounts
Per Annum
Interest Rates
]. to 7 $ 35, 000
g to 15 40,000
16 to 23 40,000
24 to 32 45,000
33 to 42 50,000
43 to 53 55,000
54 to 65 60,000
65 to 77 60,000
78 to 9l 7o,ooa
92 to 105 70,000
0
Said interest shall. be payable October 1, 19$7, and semiannually
thereafter on the 1st day of April and the 1st day of October of
each year. If upon presentation at maturity the principal of any
Bond is not paid as provided herein, interest shall continue
thereon at the same interest rate until the principal thereof is
paid in fu11.
Section 3. Maximum Net Effective Interest Rate. The
maximum net effective interest rate for the Bonds is 8.5%. The
actual net effective interest rate for the Bonds is %.
Section 4. Payment of Principal and interest,. The
principal o~ and interest on the Bonds shall be payable in lawful
money of the United States of America to the registered owners of
the Bonds by Central Hank of Denver, Denver, Colorado, or its
successors, as paying agent (the "Paying Agent"). The principal
of and the final interest payment due on the Bonds shall be
payable to the registered owner of Each Bond upon presentation
and surrender thereof at maturity or upon prior redemption.
Except as hereinbefore and hereinafter provided, the interest
shall be payable to the registered owner of each Bond determined
as of the close of business on the regular record date, which
shall be the fifteenth (15th) day of the calendar month next
preceding the interest payment date, irrespective of any transfer
of ownership of the Bond subsequent to the regular record date
and prior to such interest payment date, by check ar draft mailed
to such registered owner at the address appearing an the
registration books of the Town maintained by Central Bank of
Denver, Denver, Colorado, or its successors, as registrar (the
"Registrar"). Any interest not paid when due and any interest
accruing after maturity shall be payable to the registered owner
of each Bond entitled to receive such interest determined as of
the close of business on the special record date, which shall be
fixed by the Paying Agent for such purpose, irrespective of any
transfer of ownership of the Bond subsequent to such special
record date and prior to the date fixed by the Paying Agent for
the payment of such interest, by check or draft mailed as
D24783 4 05/04/87
aforesaid. Notice of the special record date and of the date
fixed far the payment of such interest shall be given by sending
a copy thereof by certified or registered first--class postage
prepaid mail, at least ten (10) days prior to the special record
date, to the Purchaser and to the registered owner of each Bond
upon which interest will be paid determined as of the close of
business on the day preceding such mailing, at the address
appearing on the registration books of the Town maintained by the
Rego. strar .
Section 5. Redemption of Bonds. The Bands shall be
subject to redemption prior to maturity at the option of the Town
on any interest payment date, in regular numerical order, at a
price equal to the principal amount o£ each Bond so redeemed plus
accrued interest thereon to the redemption date; provided,
however, that whenever on any interest payment date there exist
in the Tawn of Vail, Colorado, West Vail Local Improvement
District No. 1, Special Assessment Bonds, Bond and Tnterest Fund
{the "Bond Fund") hereinafter described, sufficient funds derived
from special assessments exceeding six months' interest on the
unpaid principal of the Bonds then outstanding, the Town shall
exercise its option to redeem the Bonds to the extent possible.
The Sonds shall be redeemed only from moneys pledged to the
payment thereof and not from the proceeds of other obligations of
the Town.
Notice of redemption shall be given by the Paying Agent
in the name of the Town by sending a copy thereof by certified or
registered first--class postage prepaid mail, at least thirty {30)
days but not more than sixty {60) days prior to the designated
redemption date, to the Purchaser and to the registered owner of
each of the Bonds being redeemed, determined as of the close of
business on the date preceding the mailing of such notice, at the
address appearing on the registration books of the Town
maintained by the Registrar. Such notice shall specify the
number of the Bonds to be redeemed and the date fixed for
redemption and shall further state that on the redemption date
there will be due and payable upon each Bond so to be redeemed
the principal amount thereof plus accrued interest thereon to the
redemption date, and that from and after such date interest will
cease to accrue. Failure to mail any notice as aforesaid or any
defect in any notice so mailed with respect to any Bond shall not
affect the validity of the redemption proceedings with respect to
any other Bond. Any Bonds redeemed prior to maturity by call for
prior redemption or otherwise shall not be reissued and shall be
cancelled the same as Bonds paid at ar after maturity.
Section 6. Execution and Authentication of Bonds. The
Bonds shall be signed by and on behalf of the Town with the
facsimile signature of the Mayor, shall bear a facsimile of the
seal of the Tawn, shall be signed and attested with the facsimile
D2~783 5 05/04/87
~ ~ r
signature of the Town Clerk, and shall be authenticated by the
manual signature of a duly authorized officer of the Registrar.
Should any officer whose facsimile signature appears on the Bonds
cease to be such officer before issuance or authentication of any
Band, such facsimile signature shall nevertheless be valid and
sufficient for all purposes.
Na Bond shall be valid or become obligatory for any
purpose or be entitled to any security or benefit under this
Ordinance unless and until the certificate of authentication on
such Bond shall have been duly executed by the Registrar, and
such executed certificate upon any such Bond shall be conclusive
evidence that such Bond has been authenticated and delivered
under this Ordinance. The certificate of authentication on any
Bond shall be deemed to have been duly executed by the Registrar
if signed by an authorized officer or signatory thereof, but it
shall not be necessary that the same officer or signatory sign
the certificate of authentication on all of the Bonds.
Section 7. Registration and Transfer of Bonds. Upon
their execution and authentication and prior to their delivery,
the Bonds shall be registered for the purpose of payment of
principal and interest with the Registrar. Thereafter, the Bonds
shall be transferable only upon the registration books of the
Town maintained by the Registrar, by Central Bank of Denver,
Denver, Colorado, or its successors, as transfer agent (the
"Transfer Agent") at the request of the registered owner thereof
or his, her or its duly authorized attorney-in-fact or legal
representative. The Registrar or the Transfer Agent shall accept
a Bond far registration or transfer only if the registered owner
is to be an individual, a corporation, a partnership, or a trust.
A Bond may be transferred upon surrender thereof together with a
written instrument of transfer duly executed by the registered
owner or his, her or its duly authorized attorney--in--fact or
legal representative with guaranty of signature satisfactory to
the Transfer Agent, containing written instructions as to the
details of the transfer, along with the social security number or
federal employer identification number of the transferee and, if
the transferee is a trust, the names and social security numbers
of the settlor and the beneficiary of the trust. Transfers shall
be made at the expense of the transferor, and the Transfer Agent
may also require payment of a sum sufficient to defray any tax or
other governmental charge that may hereafter be imposed in
connection with any transfer of Bvnds. No registration or
transfer of any Bond shall be effective until entered on the
registration books of the Town maintained by the Registrar and
Transfer Agent. Concurrently with the entry of the required
information on the registration books the Registrar and Transfer
Agent shall enter the required information on the registration
panel pertaining to each Bond. The Transfer Agent shall not be
required to transfer ownership of any Bond during the fifteen
D24783 b 05/04/87
•
{15) days prior to any interest payment date nor the fifteen (15}
days prior to the mailing of any notice of redemption nor to
transfer ownership of any Bond selected for redemption on or
after the date of such mailing. The Town may deem and treat the
person in whose name any Bond is last registered upon the books
of the Town maintained by the Registrar as the absolute owner
thereof for the purpose of receiving payment of the principal of
and interest on such Bond and for all other purposes, and all
such payments so made to such person or upon his, her or its
order shall. be valid and effective to satisfy and discharge the
liability of the Town upon such Bond to the extent of the sum or
sums sa paid, and the Town shall not be affected by any notice to
the contrary.
Section 8. Form of Bonds. The Bonds and the
registration panels pertaining thereto and the form of assignment
to be used for transfers of the Bonds shall be in substantially
the following form:
D24~783 7 05/04/87
[Form of Bond]
(Text of Face)
UNITED STATES OF AMERICA
STATE OF COLORADO
COUNTY OF EAGLE
TOWN OF VAIL, COLORADO
WEST VAIL LOCAL IMPROVEMENT DISTRICT NO. 1
SPECIAL ASSESSMENT BOND
No . R--
Interest
Rate
Maturity
Date
Dated
0
October 1, 1997
.Tune 1, 1987
$5,000
CUSIP
Number
The Town of Vail (the "Town"}, in the County of Eagle
and State of Colorado, for value received, hereby promises to pay
to the Registered Owner hereof whose name, address and
identification number appear on the registration panel attached
hereto, solely out of the special funds hereinafter described but
not otherwise, the Principal Sum of
FIVE THOUSAND DOLLARS
in lawful money of the United States of America, on the Maturity
Date (specified above}, with interest thereon from the date
hereof to the Maturity Date, except if redeemed prior thereto, at
the per annum Interest Rate (specified above}, payable
semiannually on the 1st day of April and the 1st day of October
of each year, commencing on October 1, 1987, all in the manner
provided herein. If upon presentation at maturity payment of the
Principal Sum of this Bond is not made as provided herein,
interest continues at the Interest Rate until the Principal Sum
is paid in full.
This Bond is one of a series which is subject to
redemption prior to its Maturity Date at the option of the Town
on any interest payment date, in regular numerical order, at a
price equal to the principal amount thereof plus accrued interest
thereon to the redemption date; provided, however, that whenever
on any interest payment date there exist in the Town of Vail,
Colorado, West Vail Local Improvement District No. 1, Special
Assessment Bonds, Bond and Interest Fund hereinafter described,
D24783 S 05/04/87
sufficient funds derived from special assessments exceeding six
months' interest on the unpaid principal of the Bands of this
issue then outstanding, the Town is obligated to exercise its
option to redeem such Bonds to the extent passible. This Bond
may be redeemed only from moneys pledged to the payment hereof
and not from the proceeds of any other obligation of the Town.
Notice of redemption of any Bonds is to be given by the
paying agent in the name of the Town by sending a copy of such
notice by certified or registered first-class postage prepaid
mail, at least thirty {30) days but not more than sixty (60) days
prior to the designated redemption date, to Kirchner Moore &
Company, Denver, Colorado, and to the registered owner of each of
the Bonds being redeemed, determined as of the close of business
an the day preceding the mailing of such notice, at the address
appearing on the registration books of the Town maintained by the
registrar. Such notice is to specify the number of the Bonds to
be redeemed and the date fixed for redemption and is further to
state that an the redemption date there will be due and payable
upon each Bond so to be redeemed the principal amount thereof
plus accrued interest thereon to the redemption date, and that
from and after such date interest will cease to accrue. Failure
to mail any notice as aforesaid or any defect in any notice so
mailed with respect to any Bond does not affect the validity of
the redemption proceedings with respect to any other Bond.
REFERENCE I S HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF.
This Bond is not and shall not be considered or taken
to be a general obligation or indebtedness of the Town within the
meaning of any requirement or limitation imposed by law.
This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under the
Ordinance authorizing the issuance of this Band until the
certificate of authentication hereon shall have been signed by
the registrar.
IN WITNESS WHEREOF, the Town of Vail, Colorado, has
caused this Bond to be signed in its name and on its behalf with
the facsimile signature of the Mayor of the Town, to be sealed
D24783 9 05/04/87
~ ~
with a facsimile seal of its seal, and to be signed and attested
with the facsimile signature of its Town Clerk.
(FACSIMILE) (Facsimile Signature)
( SEAL ) Mayor
Town of Vail
Eagle County, Colorado
ATTEST:
(Facsimile Signature)
Tnwn Clerk
Town of Vail
Eagle County, Colorado
D24783 10 QS/C34/87
CERTIFICATE OF AUTHENTICATION
This Bond is one of the series issued pursuant to the
Ordinance therein described. Printed on the reverse hereof is
the complete text of the opinion of bond counsel, Ballard, Spahr,
Andrews & Ingersoll, Denver, Colorado, a signed copy of which,
dated the date of original issuance of the Bonds therein
described, is on file with the undersigned.
Central Bank of Denver
a banking corporation
as Registrar
By: (Manual Signature)
Authorized Officer
DATED:
D29~783 ].1 05/04/87
~ ~ ~
(Text of Reverse)
The principal of and interest an this Bond are payable
to the Registered Owner hereof by Central Bank of Denver, Denver,
Colorado, ar alts successors, as paying agent. The principal of
and the final interest payment due an this Bond are payable to
the Registered Owner hereof upon presentation and surrender of
this Bond at maturity or upon prior redemption. Except as
hereinbefore and hereinafter provided, the interest is payable to
the Registered Owner hereof determined as of the close of
business an the regular record date, which is to be the fifteenth
(15th) day of the calendar month next preceding the interest
payment date, irrespective of any transfer of ownership hereof
subsequent to the regular retard date and prior to such interest
payment date, by check or draft mailed to the Registered Owner at
the address appearing an the registration books of the Town
maintained by Central Bank of Denver, Denver, Colorado, ar its
successors, as registrar. Any interest hereon not paid when due
and any interest hereon accruing after maturity is payable to the
Registered Owner of this Bond determined as of the close of
business on the special record date, which is to be fixed by the
paying agent for such purpose, irrespective of any transfer of
ownership of this Band subsequent to such special record date and
prior to the date fixed by the paying agent for the payment of
such interest, by check or draft mailed as aforesaid. Notice of
the special record date and o£ the date fixed for the payment of
such interest is to be given by sending a copy thereof by
certified ar registered first-class postage prepaid mail, at
least ten (10) days prior to the special record date, to Kirchner
Moore & Company, Denver, Colorado, and to the registered owner of
each Bond upon which interest will be paid determined as of the
close of business on the day preceding such mailing, at the
address appearing on the registration books of the Town
maintained by the registrar,
This Bond is one of a series of special assessment
bonds in the aggregate principal amount of $525,000 (the "Bonds")
issued for the purpose of defraying the costs of constructing and
installing certain improvements to streets, including, but not
limited to, preparation and paving, drainage, lighting and
safety, and improvements to the sanitary system, including, but
not limited to, a new sewer main in and far Town of Vail,
Colorado, West Vail Local Improvement District Na. 1, by virtue
of and in full conformity with the Constitution of the State of
Colorado, the home rule Charter of the Town and Chapter 20.04 of
the Code of the Town, and pursuant to and under the authority of
an Ordinance of the Town Council duly adopted prior to the
issuance of this Bond. It is hereby recited, certified and
warranted that all the requirements of law have been fully
complied with by the proper officers of the Town in issuing this
Bond.
D24783 12 05/04/87
This Bond and the interest hereon are payable solely
from, and as security for such payment there is exclusively
pledged, a special fund designated as the Town of Vail, Cnlorado,
West Vail Local Improvement District No. 1, Special Assessment
Bonds, Band and Interest Fund (the "Bond Fund"), into which there
has been initially deposited accrued interest and capitalized
interest on the Bonds and any proceeds o£ the Bonds remaining in
the Town of Vail, Colorado, West Vail Local Improvement District
No. 1 Construction Fund after the cost of the aforesaid
improvements has been paid in full and into which there is
thereafter to be deposited moneys collected on account of
assessments hereafter to be levied against the property within
Town of Vail, Cnlorado, West Vail Local Improvement District
Na. ]. and specially benefited by the construction and
installation of the improvements therein.
Bonds of this issue, together with any bonds of other
special or local improvement districts of the Town are
additionally secured by moneys deposited in the special Surplus
and Deficiency Fund of the Town. Whenever there is a deficiency
in the Bond Fund for the payment of principal of or interest on
this Bond, the deficiency is to be paid by transferring moneys
from the special Surplus and Deficiency Fund to the Bond Fund.
The Ordinance authorizing the issuance of this Bond provides that
whenever three-fourths (3/4) of the Bonds of this issue have been
paid and cancelled and for any reason the remaining assessments
are not paid in time to redeem the remaining Bonds and to pay the
interest thereon, and there are not sufficient funds in the
special Surplus and Deficiency Fund to do so, then the Town shall
pay the remaining Bonds when due and the interest thereon and
reimburse itself by collecting the unpaid assessments due.
The Town covenants with the Registered Owner of this
Bond that it will levy and collect the assessments against the
property specially benefited and deposit the same into the Bond
Fund and that it will diligently enforce the lien of any unpaid
assessment against the property charged therewith. The Town
further covenants with the Registered Owner of this Bond that it
will keep and perform all of the covenants of this Bond and of
the Ordinance authorizing the issuance hereof. Reference is
hereby made to said Ordinance for a description of the
provisions, terms, and conditions upon which this Bond is issued
and secured, including, without limitation, the nature and extent
of the security for this Bond, the collection and disposition of
the special assessments and moneys charged with and pledged to
the payment of this Bond, the special funds referred to above,
and the nature and extent of the security and pledge afforded
thereby for the payment of tha.s Bond, the rights, duties and
obligations of the Town and its Council, and the rights and
remedies of the Registered Owner of this Bond.
D24783 13 05/04/87
It is hereby recited, certified and warranted that the
total issue of Bonds of the Town for Town of Vail, Colorado, West
Vail Local Improvement District No. 1, including this Bond, does
not exceed any limitation imposed by law; that every requirement
of law relating to the creation of said District, the
construction and installation of the aforesaid improvements, the
preparation for levying of the aforesaid assessments, and the
issuance of this Bond has been fully complied with by the proper
officers of the Town; that all acts, conditions and things
required by law to be done precedent to and in the issuance of
this Bond have been properly done; and that this Bond does not
contravene any constitutional or statutory provision of the State
of Colorado or provision of the home rule Charter or ordinances
of the Town.
For the payment of this Bond and the interest hereon,
the Town pledges the exercise of all of its lawful corporate
powers.
This Bond is transferable
books of the Town maintained by the
Denver, Denver, Colorado, or its su
at the request of the Registered Ow
authorized attorney-in-fact or
surrender hereof with a written ~
executed by the Registered Owner
authorized attorney-in-fact or legal
of signature satisfactory to the
written instructions as to the det
with the social security num]
identification number of the transfe
a trust, the names and social securi
beneficiary of the trust. Transfe
expense of the transferor, and t]
only upon the registration
•egistrar, by Central Bank of
:cessors, as transfer agent,
per or his, her or its duly
egal representative, upon
nstrument of transfer duly
or his, her or its duly
representative with guaranty
transfer agent, containing
ails of the transfer, along
-er or federal employer
gee and, if the transferee is
:y numbers of the settlor and
rs are to be made at the
~e transfer agent may also
require payment of a sum sufficient to aetray any tax or owner
governmental charge that may hereafter be imposed in connection
with any transfer of Bonds. No registration or transfer of this
Bond shall be effective until entered on the registration books
of the Town maintained by the registrar. Upon such transfer the
registrar will enter the date of registration and the name,
address, and social security number or federal identification
number of the new registered owner of this Bond on the
registration panel attached hereto. The transfer agent is not
required to transfer ownership of this Bond during the fifteen
(15) days prior to any interest payment date nor the £i£teen (15)
days prior to the mailing of any notice of redemption or to
transfer ownership of any Bond selected for redemption on or
after the date of such mailing. The Town may deem and treat the
person in whose name this Bond is last registered upon the books
of the Town maintained by the registrar as the absolute owner
hereof for the purpose of receiving payment of the principal of
D24783 14 D5/D4/87
and interest nn this Band and for all other purposes, and all
such payments so made to such person or upon his order will be
valid and effective to satisfy and discharge the liability of the
Town upon this Band to the extent of the sum or sums so paid, and
the Town will not be affected by any notice to the contrary.
D24783 15 05/04/87
(Registration Panel)
This Bond is registered in the principal corporate
trust offices of Central Bank of Denver, Denver, Colorado, or its
successors, as registrar, in the name of the owner listed below,
and the principal of and interest on this Bond shall be payable
only to such owner.
Signature of
Name, Address, and of Authorized
Date of Identification Number of Officer
Registration Registered Owner of Registrar
D24783 3.6 05/04/87
{Assignment)
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and
transfers unto
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE
{Name and Address of Assignee)
the attached Bond and does hereby irrevocably constitute and
appoint Central Bank of Denver, Denver, Colorado, or its
successors, as transfer agent, to transfer said Bond on the books
kept far registration thereof.
Dated:
Signature guaranteed:
(Bank, Trust Company or Firm}
NOTICE: The signature to this
assignment must correspond
with the name of the
Registered Owner as it appears
upon the registration panel of
the attached Bond in every
particular without alteration
or enlargement ar any change
whatever.
Transfer Fee Required
[End of Form of Bond]
D24783 17 05/04/87
•
Section 9. Delivery of Bonds; Application of Proceeds;
Construction Fund. The Bonds, when executed, authenticated and
registered as provided by law, shall be delivered by the Town to
the Purchaser upon receiving full payment therefor. The proceeds
of the Bonds, excluding accrued interest and capitalized
interest, shall be deposited into and there is hereby created the
Town of Vail, Colorado, West Vail Local Improvement District
No. Y Construction Fund (the "Construction Fund"}, and used only
to pay the casts and expenses of constructing and installing the
Improvements and costs and expenses incidental thereto. The
proceeds derived from the Bond sale shall be used for the
purposes stated herein and for no other purposes, provided,
however, that any portion of the Bond proceeds may be temporarily
invested pending such use, with such temporary investment to be
made consistent with the covenant hereinafter made concerning
arbitrage bonds. Neither the Purchaser nor the registered owner
of any Band shall be in any way responsible for the application
of the proceeds of the Bonds by the Town or any of its officers.
Section 10. Bond Fund. The Bonds and the interest
thereon shall be payable solely from, and there is hereby
created, the Town of Vail, Colorado, West Vail Local Improvement
District No. 1, Special Assessment Bonds, Band and Interest Fund
(the "Bond Fund"}, into which there shall initially be deposited
accrued interest and capitalized interest on the Bonds and any
proceeds of the Bonds remaining in the Construction Fund after
the cost of the Improvements has been paid in full and into which
there shall thereafter be deposited all moneys collected on
account of assessments to be levied against the property within
the District and specially benefited by the construction and
installation of the Improvements therein. The moneys in the Band
Fund shall be used for the purpose of paying the principal of and
interest on the Bonds and for no other purpose whatsoever until
the Bonds, both principal and interest, have been fully paid and
discharged, and as security for such payment the Bond Fund is
hereby exclusively pledged.
Section 11. Surplus and Deficiency Fund. In the event
that less than all the moneys in the Bond Fund are expended to
pay and discharge the principal of and interest on all of the
Bonds, any remaining sums shall be transferred upon the payment
of all of the Bonds to the Special and Local Improvement District
Surplus and Deficiency Fund {the "surplus and Deficiency Fund").
The Bands, together with any bonds of other special or local
improvement districts of the Town, shall be additionally secured
by moneys deposited in the Surplus and Deficiency Fund, the
Surplus and Deficiency Fund to consist of moneys remaining to the
credit of any special or local improvement districts now existing
or hereafter created, the bands of which have been paid in full,
both principal and interest. Whenever there is a deficiency in
the Bond Fund for the payment of principal of or interest on the
D24783 18 05/b4/87
Bonds, the deficiency shall be paid by transferring moneys from
the Surplus and Deficiency Fund to the Bond Fund. In the event
that such a deficiency cannot be so paid, the Council may, in
consideration of general benefits conferred upon the Town at
large from the construction and installation of the Improvements,
levy taxes on all taxable property within the Town at a rate to
be determined by the Council, nr in lieu of such action transfer
other available funds o£ the Town, for the purpose of advancing
moneys to pay such deficiencies. The proceeds of such taxes or
such other available funds shall be placed in the Surplus and
Deficiency Fund and disbursed only for the purposes herein
specified. Whenever three-fourths (3/4) of the Bonds have been
paid and cancelled and for any reason the remaining assessments
are not paid in time to redeem the remaining Bands and to pay the
interest thereon, and there are not sufficient funds in the
Surplus and Deficiency Fund to do so, then the Town shall pay the
remaining Bonds when due and the interest thereon and reimburse
itself by collecting the unpaid assessments due. The obligations
created by the payment provisions herein shall not be construed
or held to make the Sands general obligations of the Town and the
registered owners of the Bonds shall have no claim on any general
or other fund for the payment thereof, except as herein provided.
Section 12. Tax Matters. The Town covenants with the
owners of the Bonds that it will make no investment or other use
of the proceeds of the Bonds at any time during the term thereof
which, if such investment or other use had been reasonably
expected on the date the Bonds are issued, would have caused the
Bonds to be arbitrage bonds within the meaning of Section 103 of
the Internal Revenue Code o£ 1986, as amended (the "Code"), and
the regulations promulgated thereunder and that the Town will
comply with the requirements of such Section and regulations
throughout the term of the Bonds.
The Tawn hereby designates the Bonds as "qualified
tax-exempt obligations" under Section 265(b)(3) of the Code.
Section 13. Assessments. The Council shall cause the
assessments to be levied and collected as provided by law for the
benefit of the registered owners of the Bonds. All assessments
made, together with all interest thereon and penalties for
default in payment thereof, shall be a lien in the several
amounts assessed against each property from the effective date of
the assessing ordinance and shall be a prior and superior lien
over all other liens excepting general tax liens and assessment
liens previously levied; provided, however, that no lien shall
attach to any tract of land sa assessed which is owned by the
State of Colorado, or any agency or instrumentality thereof, or
any county, municipality, school district, special or
quasimunicipal district, other political subdivision or private
corporation operating a public utility. The Council will further
D24783 19 05/04/87
cause the lien of any unpaid assessment to be diligently enforced
against the property charged therewith.
Section 14. Bookkeeping and Records. So long as any
of the Bonds remain outstanding, the Town will keep ar cause to
be kept by Eagle County, Colorado, true and accurate books of
records and accounts showing full and true entries covering the
collection and disposition of the assessments and any
delinquencies in the collection thereof, covering deposits and
disbursements in each of the special funds herein described,
covering the payment of the Bonds, both principal and interest,
and covering disbursements to defray the costs and expenses of
the Improvements. The Town will permit inspection and
examination of all such books and notices maintained or received
by the Tawn at any reasonable time by the Purchaser or the
registered owner of any Bond.
Section 15. Rights and Remedies. The registered owner
of any Bond shall have the right and power for the equal benefit
and protection of all registered owners of Bonds similarly
situated:
a. By mandatory injunction ar other suit,
action, or proceeding at law or in equity to enforce his
rights against the Town and to require and compel the Town
to perform and carry out its duties, obligations, or other
commitments under this Ordinance and under its covenants and
agreements with the registered owners of the Bonds;
b. By action or by suit in equity to require the
Town to account as if it were the trustee of an express
trust;
c. By action or by suit in equity to have
appointed a receiver, which receiver may take possession of
any accounts and may collect, receive, and apply all
revenues nr other moneys pledged for the payment of the
Bonds in the same manner as the Town itself might do;
d. By action or by suit in equity to enjoin any
acts ar things which might be unlawful or might be in
violation of the rights of the registered owners of the
Bands; and
e. Ta bring suit upon the Bonds.
No right or remedy conferred by this Ordinance upon the
registered owner of any Bond or any trustee therefor is intended
to be exclusive of any other right or remedy, but each such right
or remedy is cumulative and is in addition to every other right
or remedy and may be exercised without exhausting and without
D24783 20 05/04/87
s •
regard to any other remedy conferred by this Ordinance or by any
other law. The failure of the registered owner of any Bond so to
proceed as provided herein shall not relieve the Town of any
obligation to perform or to carry out any duty, obligation, or
other commitment.
Section 16. Lost, Destroyed or Wrongfully Taken Bonds.
If any outstanding Bonds shall become lost, apparently destroyed
or wrongfully taken, it may be reissued in the form and tenor of
the lost, destroyed or taken Bond upon the owner furnishing, to
the satisfaction of the Council: (a) proof of ownership, (b)
proof of loss or destruction, {c} a surety bond in twice the
amount of the Bond in question and {d) payment of the cost of
preparing and issuing the new Sond.
Section 17, Ratification of Actions. All actions
heretofore taken by the Town and by the officers of the Town not
inconsistent herewith directed toward the creation of the
District, the construction and installation of the Improvements
and the authorization, issuance and sale of the Bonds are hereby
ratified, approved and confirmed.
Section 18. Facsimile Signatures. Pursuant to the
Uniform Facsimile Signature of Public Officials Act, part 1 of
article 55 of title 11, Colorado Revised Statutes, as amended,
the Maynr and the Town Clerk shall forthwith, and in any event
prior to the time the Bonds are delivered to the Purchaser, file
with the Colorado Secretary of State their manual signatures
certified by them under oath.
Section 19. Authorized Acts. The officers of the Town
are hereby authorized and directed to enter into such agreements
and take all action necessary or appropriate to effectuate the
provisions of this Ordinance and to comply with the requirements
of law, including, without limiting the generality of the
foregoing:
a. The printing of the Bonds herein authorized,
including the printing upon each of the Bonds a copy of the
approving legal opinion of Ballard, Spahr, Andrews &
Ingersoll, bond counsel; and
b. The execution of such certificates as may be
reasonably required by the Purchaser of the Bonds relating
to the signing of the Bonds, the tenure and identity of the
Town officials, if in accordance with the facts, the absence
of litigation, pending or threatened, affecting the validity
of the Bonds, and the exemption from federal, income taxation
of the interest on the Bonds and receipt of the Bond
purchase price; and
D24783 21 05/04/$7
•
c. The making of various statements, recitals,
certifications and warranties provided in the farm of Bond
set forth in this Ordinance; and
d. The payment of the interest on the Bnnds as
the same shall become due and the principal of the Bonds at
maturity or upon prior redemption without further warrant or
order.
Section 20. Repealer of Measures. All ordinances,
resolutions, acts, orders, or parts thereof, of the Town and in
conflict with this Ordinance are hereby repealed, except that
this repealer shall not be construed so as to revive any
ordinance, resolution, act, order, or part thereof heretofore
repealed.
Section 21. Ordinance Irrepealable. This Ordinance
is, and shall constitute, a legislative measure of the Tawn, and
after the Bonds hereby authorized are issued, sold, and are
outstanding, this Ordinance shall constitute a contract between
the Town and the registered owner ar owners of the Bands, and
shall be and remain irrepealable until the Bonds and the interest
accruing thereon shall have been fully paid, satisfied and
discharged.
Section 22. Severability. If any paragraph, clause or
prevision of this Ordinance is judicially adjudged invalid or
unenforceable, such judgment shall oat affect, impair or
invalidate the remaining paragraphs, clauses or provisions
hereof, the intention being that the various paragraphs, clauses
or provisions hereof are severable.
Section 23. Recording: Effective Date. This
Ordinance, after its final passage, shall be recorded in a book
kept for that purpose, shall be authenticated by the signatures
of the Mayor and the Tawn Clerk, shall be published as provided
in the Charter of the Tawn and shall take effect five (5} days
after publication following final passage.
Section 24. Public Hearinq. A public hearing on this
Ordinance will be held at the Vail Municipal Building in Vail,
Colorado, on Tuesday, May 19, 1987, at 7:30 p.m. and notice of
such hearing is authorized to be given by publication once in The
Vail Trail on May 8, 1987.
D24783 22 05/04/87
•'
INTRODUCED, READ BY TITLE, APPROVED ON FIRST READING,
AND ORDERED PUBLISHED IN FULL this 5th day of Ma 1987.
~~-`~_` f
~' 1
,, , ,
(TOWN)
(SEAL)
Town of V~'l
Eagle County, Colorado
ST:
~' ~~
Town Clerk
Town of Vail
Eagle County, Colorado
D24783 23 05/19/87
Council Member Kent Rase duly seconded the motion, and
the question being upon the approval on first reading of the
foregoing Ordinance, the roll was called with the following
result:
Council Members voting "Yes":
Paul R. Johnston
Eric Affeldt
Kent Rose
Gordon Pierce
John Slevin
Hermann Staufer
Gail Wahrlich~-Lowenthal
Council Members voting "No": None
Seven Council Members having voted in favor of said
motion, the Mayor thereupon declared the Ordinance duly approved
on first reading and directed that the Ordinance, as approved, be
published in full in The Vail Trail, a newspaper of general
circulation within the Town and legally qualified for Tawn
publications.
After consideration of other business to come before
the Council, the meeting was adjourned.
~ . ~~
Tawn Clerk 4
Tawn of Vail
Eagle County, Colorado
(TOWN)
{SEAL)
D24783 24 05/19/87
i ~ ~
STATE OF COLORADO )
COUNTY OF EAGLE ) ss.
TOWN OF VAIL )
The Town Council of the Town of Vail, Eagle County,
Colorado, met in regular session, in full conformity with the
Town Charter, ordinances and all other applicable laws, rules and
regulations, at the Municipal Building in Vail, Colorado, the
regular meeting place thereof, on Tuesday, the 19th day of May,
1987, at the hour of 7:30 p.m.
The following members of the Town Council were present:
Mayor:
Mayor Pro-Tem:
Council Members:
Paul R. Johnston
Kent Rose
Gordon Pierce
John Slevin
Hermann Staufer
Gail Wahrlich-Lowenthal
The following members of the Town Council were absent:
~J"I C i,P.~~
The following persons were also present:
Town Manager:
Director of Adminis-
trative Services:
Town Attorney:
Town Glerk:
Rondall Phillips
Charles Wick
Lawrence A. Eskwith
Pamela A. Brandmeyer
Thereupon the following proceedings, among others, were
had and taken:
The Mayor informed the Tawn Council that Ordinance
No. ].3, Series of 1987, relating to the issuance of Town of Vail,
Colorado, West Vail Local Improvement District No. 1 Special
Assessment Bands, dated June 1, 1987, in the aggregate principle
amount of $525,000, which was introduced, read by title, approved
on first reading and ordered published once in full at a regular
meeting of the Tawn Council held on May 5, 1987, was duly
published in full in The Vail Trail, a newspaper of general
circulation in the Town, in its issue of May 8, 1987, and that
the publisher"s affidavit of said publication is now an file in
the office of the Town Clerk.
D24783 25 05/19/87
# ~ •
Counci 1 Membex~~:'(.~,d
.f.,~. ~.~-~t~,l ~ then introduced said
Ordinance a second time and read the Ordinance by its title,
sufficient copies of the full Ordinance having previously been
made available to the Town Council and to the public.
The Mayor then declared that this was the time and
place far a public hearing on the Ordinance and the meeting was
then opened for such purpose. After all persons had been given.
an opportunity to speak, th~Lie'' kkh,,'e~~aring was declared closed.
Council Member ~?~-~t,~ ~~~ moved the amendment of
the Ordinance as follows and the final approval on second reading
of the Ordinance as amended:
D24763 26 0/19/$7
ORDINANCE NO. 13
SERIES OF 1987
AN ORDINANCE AUTHORIZING THE ISSUANCE OF TOWN
OF VAIL, COLORADO, WEST VAIL LOCAL
IMPROVEMENT DISTRICT N0. 1, SPECIAL
ASSESSMENT BONDS, DATED JUNE 1, 1987, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $525,OOD, FOR
THE PURPOSE OF PAYING A PORTION OF THE COST
OF CONSTRUCTING AND INSTALLING IMPROVEMENTS
THEREIN; PRESCRIBING THE FORM OF THE BONDS;
PROVIDING FOR THE PAYMENT OF THE BONDS AND
THE INTEREST THEREON; AND MAKING PROVISION
FOR OTHER MATTERS RELATING THERETO.
WHEREAS, the Town Council (the "Council") of the Town
of Vail, Colorado (the "Town"), has by Ordinance No. 10, Series
of 1987, created Town of Vail, Colorado, West Vail Local
Improvement District No. 1 (the "District") for the purpose of
constructing and installing certain improvements to streets in
the District, including, but not limited to, preparation and
paving, drainage, lighting and safety, and improvements to the
sanitary sewer system in the District, including, but not limited
to, a new sewer main (collectively, the "Improvements"} all in
accordance with the Charter of the Town (the "Charter") and
Chapter 20.04 of the Vail Code (the "Cade"}; and
WHEREAS, pursuant to Ordinance No. 10, Series of 1987,
the Council approved the plans for and authorized and ordered the
construction and installation of the Improvements as shown by
preliminary plans approved by the Council; and
WHEREAS, the Town Manager has submitted to the Council
estimates of the total cost of constructing and installing the
Improvements, including engineering, legal and incidental costs,
and the Town has entered into certain contracts for the
construction and installation of the Improvements; and
WHEREAS, the construction and installation of the
Improvements in the District will confer general benefits on the
Town and special benefits on the assessable property within the
District; and
WHEREAS, the Council has determined that the portion of
the cost of construction and installation of the Improvements to
be assessed against the property within the District will not
exceed $525,000 and that special assessment bonds of the Town for
the District should be issued in said amount; and
D24783 27 05/04/87
WHEREAS, the Town has agreed to make a cash
contribution for the balance of the cost of construction and
installation of the Improvements; and
WHEREAS, Kirchner Moore & Company, Denver, Colorado
(the "Purchaser") has offered to purchase said bonds at a net
effective interest rate not exceeding 8.5% per annum; and
WHEREAS, it is necessary to authorize the issuance of
said bonds and to provide for the repayment thereof.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, AS FOLLOWS:
Section 1. Approval of Cost Estimates. The estimates
of the cost of constructing and installing the Improvements
submitted to the Council by the Town Manager are hereby approved.
Section 2. Sale of Bonds. The Town and the Purchaser
have entered into a Purchase Agreement, dated May 19, 1987, for
the sale and purchase of the Bonds as hereinafter defined. The
Purchase Agreement is hereby ratified, approved and confirmed.
Section 3. Authorization and Description of Bonds.
For the purpose of paying a portion of the cost of constructing
and installing the Improvements and the costs incidental thereto
as permitted by the Charter and the Cade, the Town sha11 issue
its Town of Vail, Colorado, West Vail Local Improvement District
No. 1, Special Assessment Bonds, dated June 1, 1987, in the
aggregate principal amount of $525,000 (the "Bonds"}.
The Bonds shall be issued in fully registered farm in
the denomination of $5,000 each, consisting of 105 Bonds,
numbered consecutively from 1 to 3,05, inclusive. The Bonds shall
mature on October 1, 1997, and shall bear interest as herein set
forth. Pursuant to the recommendations of the Committee on
Uniform Security Identification Procedures, CUSIP numbers may be
printed on the Bands.
The following numbered Bonds in
amounts shall bear per annum interest
October 1, 3.997, except if redeemed
following interest rates:
the following principal
from June 1, 1987, to
prior thereto, at the
D247B3 28 05/04/87
• ~ 7
Bonds Numbered Principal Per Annum
{both inclusive) Amounts Interest Rates
1 to 7 $ 35,000 6.000%
8 to I5 40,000 6.400
16 to 23 40,000 6.750
24 to 32 45,000 7.000
33 to 42 50,000 7.250
43 to 53 55,000 7.500
54 to 65 60,000 7.750
66 to 77 60,000 8.000
78 to 91 70,000 8.125
92 to 105 70,000 8.250
Said interest shall be payable October 1, 1987, and semiannually
thereafter on the 1st day of April and the 1st day of October of
each year. If upon presentation at maturity the principal of any
Band is not paid as provided herein, interest shall continue
thereon at the same interest rate until the principal thereof is
paid in full.
Section 4. Maximum Net Effective Interest Rate. The
maximum net effective interest rate for the Bonds is 8.5%. The
actual net effective interest rate fnr the Bonds is 8.25%.
Section 5. Payment of Principal and Interest. The
principal of and interest on the Bonds shall be payable in lawful
money of the United States of America to the registered owners of
the Bonds by Central Bank of Denver, Denver, Colorado, or its
successors, as paying agent (the "Paying Agent"). The principal
of and the final interest payment due on the Bonds shall be
payable to the registered owner of each Bond upon presentation
and surrender thereof at maturity or upon prior redemption.
Except as hereinbefore and hereinafter provided, the interest
shall be payable to the registered owner of each Bond determined
as of the close of business on the regular record date, which
shall be the fifteenth (15th) day of the calendar month next
preceding the interest payment date, irrespective of any transfer
of ownership of the Bond subsequent to the regular record date
and prior to such interest payment date, by check or draft mailed
to such registered owner at the address appearing on the
registration books of the Town maintained by Central Bank of
Denver, Denver, Colorado, or its successors, as registrar (the
"Registrar"') . Any interest not paid when due and any interest
accruing after maturity shall be payable to the registered owner
of each Bond entitled to receive such interest determined as of
the close of business on the special record date, which shall be
fixed by the Paying Agent for such purpose, irrespective of any
transfer of ownership of the Bond subsequent to such special
record date and prior to the date fixed by the Paying Agent for
the payment of such interest, by check or draft mailed as
D24783 29 05/19/87
aforesaid. Notice of the special record date and of the date
fixed for the payment of such interest shall be given by sending
a copy thereof by certified or registered first-class postage
prepaid mail, at least ten (10} days prior to the special record
date, to the Purchaser and to the registered owner of each Bond
upon which interest will be paid determined as of the close of
business on the day preceding such mailing, at the address
appearing on the registration books of the Town maintained by the
Registrar.
Section 5. Redemration of Bonds. The Bonds shall be
subject to redemption prior to maturity at the option of the Town
on any interest payment date, in regular numerical order, at a
price equal to the principal amount of each Bond so redeemed plus
accrued interest thereon to the redemption date; provided,
however, that whenever on any interest payment date there exist
in the Town of Vail, Colorado, West Vail Local Improvement
District No. 1, Special Assessment Bonds, Band and Interest Fund
(the "Bond Fund") hereinafter described, sufficient funds derived
from special assessments exceeding six months' interest on the
unpaid principal o£ the Bonds then outstanding, the Town shall
exercise its option to redeem the Bonds to the extent possible.
The Bonds shall be redeemed only from moneys pledged to the
payment thereof and not from the proceeds of other obligations of
the Town.
Notice of redemption shall be given by the Paying Agent
in the name of the Town by sending a copy thereof by certified or
registered first-class postage prepaid mail, at least thirty (30)
days but not more than sixty (50} days prior to the designated
redemption date, to the Purchaser and to the registered owner of
each of the Bonds being redeemed, determined as of the close of
business on the date preceding the mailing of such notice, at the
address appearing an the registration books of the Town
maintained by the Registrar. Such notice shall specify the
number of the Bonds to be redeemed and the date fixed for
redemption and shall further state that an the redemption date
there will be due and payable upon each Bond so to be redeemed
the principal amount thereof plus accrued interest thereon to the
redemption date, and that from and after such date interest will
cease to accrue. Failure to mail any notice as aforesaid or any
defect in any notice so mailed with respect to any Bond shall not
affect the validity of the redemption proceedings with respect to
any other Bond. Any Bonds redeemed prior to maturity by call for
prior redemption or otherwise shall not be reissued and shall be
cancelled the same as Bonds paid at or after maturity.
Section 7. Execution and Authentication of Bonds. The
Bonds shall be signed by and on behalf of the Town with the
facsimile signature of the Mayor, shall bear a facsimile of the
seal of the Town, shall be signed and attested with the facsimile
D24783 30 05/19/87
signature of the Town Clerk, and shall be authenticated by the
manual signature of a duly authorized officer of the Registrar.
Should any officer whose facsimile signature appears on the Bands
cease to be such officer before issuance or authentication of any
Bond, such facsimile signature shall nevertheless be valid and
sufficient for all purposes.
No Bond shall be valid or become obligatory for any
purpose or be entitled to any security or benefit under this
Ordinance unless and until the certificate of authentication an
such Bond shall have been duly executed by the Registrar, and
such executed certificate upon any such Bond shall be conclusive
evidence that such Bond has been authenticated and delivered
under this Ordinance. The certificate of authentication on any
Bond shall be deemed to have been duly executed by the Registrar
if signed by an authorized officer or signatory thereof, but it
shall not be necessary that the same officer or signatory sign
the certificate of authentication on all of the Bonds.
Section 8. Registration and Transfer of Bonds. Upon
their execution and authentication and prior to their delivery,
the Bonds shall be registered for the purpose of payment of
principal and interest with the Registrar. Thereafter, the Bonds
shall be transferable only upon the registration books of the
Town maintained by the Registrar, by Central Bank of Denver,
Denver, Colorado, or its successors, as transfer agent (the
"Transfer Agent") at the request of the registered owner thereof
or his, her or its duly authorized attorney-in-fact or legal
representative. The Registrar or the Transfer Agent shall accept
a Bond far registration or transfer only if the registered owner
is to be an individual, a corporation, a partnership, or a trust.
A Bond may be transferred upon surrender thereof together with a
written instrument of transfer duly executed by the registered
owner ar his, her or its truly authorizes attorney-in-sect or
legal representative with guaranty of signature satisfactory to
the Transfer Agent, containing written instructions as to the
details of the transfer, slang with the social security number or
federal employer identification number of the transferee and, if
the transferee is a trust, the names and social security numbers
of the settlor and the beneficiary of the trust. Transfers shall
be made at the expense of the transferor, and the Transfer Agent
may also require payment of a sum sufficient to defray any tax or
other governmental charge that may hereafter be imposed in
connection with any transfer of Bonds. No registration or
transfer of any Bond shall be effective until entered on the
registration books of the Town maintained by the Registrar and
Transfer Agent. Concurrently with the entry of the required
information on the registration books the Registrar and Transfer
Agent shall enter the required information on the registration
panel pertaining to each Bond. The Transfer Agent shall not be
required to transfer ownership of any Bond during the fifteen
D24783 31 05/19/87
• r i
(15} days prior to any interest payment date nor the fifteen (I5)
days prior to the mailing of any notice of redemption nor to
transfer ownership of any Band selected for redemption on or
after the date of such mailing. The Town may deem and treat the
person in whose name any Bond is last registered upon the books
of the Town maintained by the Registrar as the absolute owner
thereof for the purpose of receiving payment of the principal of
and interest on such Sond and for all other purposes, and all
such payments so made to such person or upon his, her or its
order shall be valid and effective to satisfy and discharge the
liability of the Town upon such Bond to the extent of the sum or
sums so paid, and the Town shall not be affected by any notice to
the contrary.
Section 9. Form of Bonds. The Bonds and the
registration panels pertaining thereto and the form of assignment
to be used for transfers of the Bonds shall be in substantially
the following form:
D24783 32 05/19/87
[Form of Band)
(Text of Face)
UNITED STATES OF AMERICA
STATE OF COLORADO
COUNTY OF EAGLE
TOWN OF VAIL, COLORADO
WEST VAIL LOCAL IMPROVEMENT DISTRICT NO. Z
SPECIAL ASSESSMENT BOND
No. R-
Interest
Rate
Maturity
Date
Dated
0
October 1, 1997
June 1, 1987
$5,000
CUSIP
Number
The Town of Vail (the "Town"), in the County of Eagle
and State of Colorado, for value received, hereby promises to pay
to the Registered Owner hereof whale name, address and
identification number appear on the registration panel attached
hereto, solely out of the special funds hereinafter described but
not otherwise, the Principal Sum of
FIVE THOUSAND DOLLARS
in lawful money of the United States of America, on the Maturity
Date (specified above}, with interest thereon Pram the date
hereof to the Maturity Date, except if redeemed prior thereto, at
the per annum Interest Rate {specified above}, payable
semiannually on the 1st day of April and the 1st day of October
of each year, commencing an October 1, 1987, all in the manner
provided herein. If upon presentation at maturity payment of the
Principal Sum of this Bond is not made as provided herein,
interest continues at the Interest Rate until the Principal Sum
is paid in full.
This Band is one of a series which is subject to
redemption prior to its Maturity Date at the option of the Town
on any interest payment date, in regular numerical order, at a
price equal to the principal amount thereof plus accrued interest
thereon to the redemption date; provided, however, that whenever
an any interest payment date there exist in the Town of Vail,
Colorado, West Vail Local Improvement District No. 1, Special
Assessment Sonds, Bond and Interest Fund hereinafter described,
D24783 33 05/04/87
•
sufficient funds derived from special assessments exceeding six
months' interest on the unpaid principal of the Bands of this
issue then outstanding, the Town is obligated to exercise its
option to redeem such Bonds to the extent possible. This Bond
may be redeemed only from moneys pledged to the payment hereof
and not from the proceeds of any other obligation of the Town.
Notice of redemption of any Bonds is to be given by the
paying agent in the name of the Town by sending a copy of such
notice by certified or registered first-class postage prepaid
mail, at least thirty {30} days but not more than sixty (60} days
prior to the designated redemption date, to Kirchner Moore &
Company, Denver, Colorado, and to the registered owner of each of
the Bonds being redeemed, determined as of the close of business
on the day preceding the mailing of such notice, at the address
appearing on the registration books of the Town maintained by the
registrar. Such notice is to specify the number of the Bonds to
be redeemed and the date fixed for redemption and is further to
state that on the redemption date there wi11 be due and payable
upon each Bond sa to be redeemed the principal amount thereof
plus accrued interest thereon to the redemption date, and that
from and after such date interest will cease to accrue. Failure
to mail any notice as aforesaid ar any defect in any notice so
mailed with respect to any Band does not affect the validity of
the redemption proceedings with respect to any other Bond.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF.
This Bond is not and shall not be considered or taken
to be a general obligation or indebtedness of the Town within the
meaning of any requirement or limitation imposed by law.
This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under the
Ordinance authorizing the issuance of this Band until the
certificate of authentication hereon shall have been signed by
the registrar.
IN WITNESS WHEREOF, the Town of Vail, Colorado, has
caused this Bond to be signed in its name and on its behalf with
the facsimile signature of the Mayor of the Town, to be sealed
D24783 34 05/04/87
with a facsimile seal of its seal, anal to be signed and attested
with the facsimile signature of its Town Clerk.
(FACSIMILE) By: (Facsimile Signature)
( SEAL ) Mayor
Town of Vail,
Eagle County, Colorado
ATTEST:
(Facsimile Signature)
Town Clerk
Town of Vail,
Eagle County, Colorado
D24783 35 05/04/87
CERTIFICATE OF AUTHENTICATION
This Bond is one of the series issued pursuant to the
Ordinance therein described. Printed on the reverse hereof is
the complete text of the opinion of bond counsel, Ballard, Spahr,
Andrews & Ingersoll, Denver, Colorado, a signed copy of which,
dated the date of original issuance of the Bonds therein
described, is on file with the undersigned.
Central Bank of Denver
a banking corporation
as Registrar
By: (Manual Signature}
Authorized Officer
DATED:
D24783 36 05/04/87
(Text of Reverse}
The principal of and interest on this Bond are payable
to the Registered Owner hereof by Central Bank of Denver, Denver,
Colorado, or its successors, as paying agent. The principal of
and the final interest payment due on this Bond are payable to
the Registered Owner hereof upon presentation and surrender of
this Bond at maturity or upon prior redemption. Except as
hereinbefare and hereinafter provided, the interest is payable to
the Registered Owner hereof determined as of the close of
business on the regular record date, which is to be the fifteenth
(I.5th) day of the calendar month next preceding the interest
payment date, irrespective of any transfer of ownership hereof
subsequent to the regular record date and prior to such interest
payment date, by check or draft mailed to the Registered Owner at
the address appearing on the registration books of the Town
maintained by Central Bank of Denver, Denver, Colorado, or its
successors, as registrar. Any interest hereon not paid when due
and any interest hereon accruing after maturity is payable to the
Registered Owner of this Bond determined as of the close of
business on the special record date, which is to be fixed by the
paying agent for such purpose, irrespective of any transfer of
ownership of this Bond subsequent to such special record date and
prior to the date fixed by the paying agent for the payment of
such interest, by check or draft mailed as aforesaid. Notice of
the special record date and of the date fixed for the payment of
such interest is to be given by sending a copy thereof by
certified or registered first-class postage prepaid mail, at
least ten (10} days prior to the special record date, to Kirchner
Moore & Company, Denver, Colorado, and to the registered owner of
each Bond upon which interest will be paid determined as of the
close of business on the day preceding such mailing, at the
address appearing on the registration books of the Town
maintained by the registrar.
This Bond is one of a series of special assessment
bonds in the aggregate principal amount of $525,000 (the "Bonds"}
issued for the purpose of defraying the casts of constructing and
installing certain improvements to streets, including, but not
limited to, preparation and paving, drainage, lighting and
safety, and improvements to the sanitary system, including, but
not limited to, a new sewer main in and for Town of Vail,
Colorado, West Vail Local Improvement District No. ]., by virtue
of and in full conformity with the Constitution of the State of
Colorado, the home rule Charter of the Town and Chapter 20.04 of
the Code of the Town, and pursuant to and under the authority of
an Ordinance of the Town Council duly adapted prior to the
issuance of this Bond. It is hereby recited, certified and
warranted that all the requirements of law have been fully
complied with by the proper officers of the Town in issuing this
Bond.
D24783 37 05/04/87
This Bond and the interest hereon are payable solely
from, and as security for such payment there is exclusively
pledged, a special fund designated as the Town of Vail, Colorado,
West Vail Local Improvement District No. 1, Special Assessment
Bonds, Bond and Interest Fund {the "Bond Fund"}, into which there
has been initially deposited accrued interest and capitalized
interest on the Bonds and any proceeds of the Bonds remaining in
the Town of Vail, Colorado, West Vail Local Improvement District
No. 1 Construction Fund after the cost of the aforesaid
improvements has been paid in full and into which there is
thereafter to be deposited moneys collected on account of
assessments hereafter to be levied against the property within
Town of Vail, Colorado, West Vail Local Improvement District
No. 1 and specially benefited by the construction and
installation of the improvements therein.
Bonds of this issue, together with any bonds of other
special or local improvement districts of the Town are
additionally secured by moneys deposited in the special Surplus
and Deficiency Fund of the Town. Whenever there is a deficiency
in the Bond Fund for the payment of principal of or interest on
this Bond, the deficiency is to be paid by transferring moneys
from the special Surplus and Deficiency Fund to the Bond Fund.
The Ordinance authorizing the issuance of this Bond provides that
whenever three-fourths (3/4) of the Bonds of this issue have been
paid and cancelled and for any reason the remaining assessments
are not paid in time to redeem the remaining Bonds and to pay the
interest thereon, and there are not sufficient funds in the
special Surplus and Deficiency Fund to do so, then the Town shall
pay the remaining Bonds when due and the interest thereon and
reimburse itself by collecting the unpaid assessments due.
The Town covenants with the Registered Owner of this
Band that it will levy and collect the assessments against the
property specially benefited and deposit the same into the Band
Fund and that it will diligently enforce the lien of any unpaid
assessment against the property charged therewith. The Town
further covenants with the Registered Owner of this Bond that it
will keep and perform all of the covenants of this Bond and of
the Ordinance authorizing the issuance hereof. Reference is
hereby made to said Ordinance far a descript~.on of the
provisions, terms, and conditions upon which this Band is issued
and secured, including, without limitation, the nature and extent
of the security for this Bond, the collection and disposition of
the special assessments and moneys charged with and pledged to
the payment of this Bond, the special funds referred to above,
and the nature and extent of the security and pledge afforded
thereby for the payment of this Bond, the rights, duties and
obligations of the Town and its Council, and the rights and
remedies of the Registered Owner of this Bond.
D24783 38 05/04/87
~ ~ ~
It is hereby recited, certified and warranted that the
total issue of Bonds of the Town for Town of Vail, Colorado, West
Vail Local Improvement Distract No. 1, including this Bond, does
not exceed any limitation imposed by law; that every requirement
of law relating to the creation of said District, the
construction and installation of the aforesaid improvements, the
preparation for levying of the aforesaid assessments, and the
issuance of this Bond has been fully complied with by the proper
officers of the Town; that all acts, conditions and things
required by law to be done precedent to and in the issuance of
this Bond have been properly done; and that this Bond does not
contravene any constitutional or statutory provision of the State
of Colorado or provision of the home rule Charter or ordinances
of the Town.
Eor the payment of this Bond and the interest hereon,
the Town pledges the exercise of all of its lawful corporate
powers.
This Bond is transferable only upon the registration
books of the Town maintained by the registrar, by Central Bank of
Denver, Denver, Colorado, or its successors, as transfer agent,
at the request of the Registered Owner or his, her or its duly
authorized attorney-in-fact or legal representative, upon
surrender hereof with a written instrument of transfer duly
executed by the Registered Owner or his, her or its duly
authorized attorney-an-fact or legal representative with guaranty
of signature satisfactory to the transfer agent, containing
written instructions as to the details of the transfer, along
with the social security number or federal employer
identification number of the transferee and, if the transferee is
a trust, the names and social security numbers of the settlar and
beneficiary of the trust, Transfers are to be made at the
expense of the transferor, and the transfer agent may also
require payment of a sum sufficient to defray any tax or other
governmental charge that may hereafter be imposed in connection
with any transfer of Bonds. No registration or transfer of this
Band shall be effective until entered on the registration books
of the Tawn maintained by the registrar. Upon such transfer the
registrar will enter the date of registration and the name,
address, and social security number or federal identification
number of the new registered owner of this Bond on the
registration panel attached hereto. The transfer agent is not
required to transfer ownership of this Band during the fifteen
(15) days prior to any interest payment date nor the fifteen (15)
days prior to the mailing of any notice of redemption or to
transfer ownership of any Bond selected for redemption on or
after the date of such mailing. The Town may deem and treat the
person in whose name this Bond is last registered upon the books
of the Town maintained by the registrar as the absolute owner
hereof for the purpose of receiving payment of the principal of
D24783 39 D5/04/87
axed interest on this Bond and for all other purposes. and all
such payments so made to such person or upon his order will be
valid and effective to satisfy and discharge the liability of the
Town upon this Bond to the extent of the sum or sums so paid, and
the Town will not be affected by any notice to the contrary.
D247B3 40 05/04/87
(Registration Panel)
This Bond is registered in the principal corporate
trust offices of Central Bank of Denver, Denver, Colorado, or its
successors, as registrar, in the name of the owner listed below,
and the principal of and interest on this Bond shall be payable
only to such owner.
Signature of
Name, Address, and of Authorized
Date of Identification Number of Officer
Registration Registered Owner of Registrar
D24783 41 05/04/87
~ • s
{Assignment)
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and
transfers unto
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE
{Name and Address of Assignee}
the attached Band and does hereby irrevocably constitute and
appoint Central Bank of Denver, Denver, Colorado, or its
successors, as transfer agent, to transfer said Bond on the books
kept for registration thereof.
Dated:
Signature guaranteed:
(Bank, Trust Company or Firm}
NOTICE: The signature to this
assignment must correspond
with the name of the
Registered Owner as it appears
upon the registration panel of
the attached Bond in every
particular without alteration
or enlargement or any Change
whatever.
Transfer Fee Required
[End of Form of Bond]
D24783 42 05/04/87
• • i
Section 10. Deliverv of Bonds; Application of
Proceeds; Construction Fund. The Bonds, when executed,
authenticated and registered as provided by law, shall be
delivered by the Town to the Purchaser upon receiving full
payment therefor. The proceeds of the Bonds, excluding accrued
interest and capitalized interest, shall be deposited into and
there is hereby created the Town o£ Vail., Colorado, West Vaal
Local Improvement District No. 1 Construction Fund (the
"Constructian Fund"), and used only to pay the costs and expenses
of constructing and installing the Improvements and costs and
expenses incidental thereto. The proceeds derived from the Bond
sale shall be used for the purposes stated herein and for no
other purposes, provided, however, that any portion of the Bond
proceeds may be temporarily invested pending such use, with such
temparary investment to be made consistent with the covenant
hereinafter made concerning arbitrage bands. Neither the
Purchaser nor the registered owner of any Bond shall be in any
way responsible for the application of the proceeds of the Bonds
by the Town or any of its officers.
Section 11. Bond Fund. The Bands and the interest
thereon shall be payable solely from, and there is hereby
created, the Town of Vail, Colorado, West Vail Lacal Improvement
District No. 1, Special Assessment Bonds, Bond and Interest Fund
(the "Bond Fund"}, into which there shall initially be deposited
accrued interest and capitalized interest on the Bonds and any
proceeds of the Bands remaining in the Construction Fund after
the cast of the Improvements has been paid in full and into which
there shall thereafter be deposited all moneys collected on
account of assessments to be levied against the property within
the District and specially benefited by the construction and
installation of the Improvements therein. The moneys in the Bond
Fund shall be used for the purpose of paying the principal of and
interest on the Bonds and for no other purpose whatsoever until
the Bonds, both principal and interest, have been fully paid and
discharged, and as security for such payment the Bond Fund is
hereby exclusively pledged.
Section 12. Surt~lus and Deficiencv Fund. In the event
that less than all the moneys in the Bond Fund are expended to
pay and discharge the principal of and interest on all of the
Bonds, any remaining sums shall be transferred upon the payment
of all of the Bonds to the Special and Local Improvement District
Surplus and Deficiency Fund (the "Surplus and Deficiency Fund").
The Bonds, together with any bonds of other special ar local
improvement districts of the Town, shall be additionally secured
by moneys deposited in the Surplus and Deficiency Fund, the
Surplus and Deficiency Fund to consist of moneys remaining to the
credit of any special or local improvement districts now existing
or hereafter created, the bonds of which have been paid in full,
both principal and interest. Whenever there is a deficiency in
the Bond Fund for the payment of principal of ar interest on the
D24783 43 05/19/67
Bonds, the deficiency shall. be paid by transferring moneys from
the Surplus and Deficiency Fund to the Bond Fund. In the event
that such a deficiency cannot be so paid, the Council may, in
consideration of general benefits conferred upon the Town at
large from the construction and installation of the Improvements,
levy taxes on all taxable property within the Town at a rate to
be determined by the Council, or in lieu of such action transfer
other available funds of the Town, for the purpose of advancing
moneys to pay such deficiencies. The proceeds of such taxes or
such other available funds shall be placed in the Surplus and
Deficiency Fund and disbursed only for the purposes herein
specified. Whenever three-fourths (3/4) of the Bonds have been
paid and cancelled and for any reason the remaining assessments
are not paid in time to redeem the remaining Bonds and to pay the
interest thereon, and there are not sufficient funds in the
Surplus and Deficiency Fund to do so, then the Town shall pay the
remaining Bonds when due and the interest thereon and reimburse
itself by collecting the unpaid assessments due. The obligations
created by the payment provisions herein shall not be construed
or held to make the Bonds general obligations of the Town and the
registered owners of the Bonds shall have no claim on any general
or other fund for the payment thereof, except as herein provided.
Section 13. Tax Matters. The Town covenants with the
owners of the Bonds that it will make no investment or other use
of the proceeds of the Bonds at any time during the term thereof
which, if such investment or other use had been reasonably
expected on the date the Bonds are issued, would have caused the
Bands to be arbitrage bonds within the meaning of Section 103 of
the Internal. Revenue Code of 1986, as amended {the "Code"), and
the regulations promulgated thereunder and that the Town will
comply with the requirements of such Section and regulations
throughout the term of the Bonds.
The Town hereby designates the Bonds as "qualified
tax-exempt obligations" under Section 265(b)(3} of the Code.
Section 14. Assessments. The Council shall cause the
assessments to be levied and collected as provided by law for the
benefit of the registered owners of the Bonds. A11 assessments
made, together with all interest thereon and penalties for
default in payment thereof, shall be a lien in the several
amounts assessed against each property from the effective date of
the assessing ordinance and shall be a prior and superior lien
over all other liens excepting general tax liens and assessment
liens previously levied; provided, however, that no lien shall
attach to any tract of land so assessed which is owned by the
State of Colorado, or any agency or instrumentality thereof, or
any county, municipality, school district, special or
quasimunicipal district, other political subdivision or private
corporation operating a public utility. The Council will further
D24783 44 ~5/l9/87
s i •
cause the lien of any unpaid assessment to be diligently enforced
against the property charged therewith.
Section 15. Bookkeeping and Records. So long as any
of the Bands remain outstanding, the Town will keep or cause to
be kept by Eagle County, Colorado, true and accurate books of
records and accounts showing full and true entries covering the
collection and disposition of the assessments and any
delinquencies in the collection thereof, covering deposits and
disbursements in each of the special funds herein described,
covering the payment of the Bonds, both principal and interest,
and covering disbursements to defray the costs and expenses of
the Improvements. The Town will permit inspection and
examination of all such books and notices maintained or received
by the Town at any reasonable time by the Purchaser or the
registered owner of any Bond.
Section 16. Rights and Remedies. The registered owner
of any Bond shad have the right and power for the equal benefit
and protection of all registered owners of Bonds similarly
situated:
a. By mandatory injunction or other suit,
action, or proceeding at law or in equity to enforce his
rights against the Town and to require and compel the Town
to perform and carry out its duties, obligations, or other
commitments under this Ordinance and under its covenants and
agreements with the registered owners of the Bonds;
b. By action or by suit in equity to require the
Town to account as if it were the trustee of an express
trust;
c. By action or by suit in equity to have
appointed a receiver, which receiver may take possession of
any accounts and may collect, receive, and apply all
revenues or other moneys pledged for the payment of the
Bonds in the same manner as the Town itself might do;
d. By action or by suit in equity to enjoin any
acts or things which might be unlawful or might be in
violation of the rights of the registered owners of the
Bonds; and
e. Ta bring suit upon the Bonds.
Na right or remedy conferred by this Ordinance upon the
registered owner of any Bond or any trustee therefor is intended
to be exclusive of any other right or remedy, but each such right
or remedy is cumulative and is in addition to every other right
or remedy and may be exercised without exhausting and without
D24783 45 X5/19/87
i
r ~
regard to any other remedy conferred by this Ordinance or by any
other law. The failure of the registered owner of any Bond so to
proceed as provided herein shall not relieve the Town of any
obligation to perform or to carry out any duty, obligation, or
other commitment.
Section 17. Lost, Destroved or Wronctfully Taken Bonds.
If any outstanding Bonds shall become lost, apparently destroyed
or wrongfully taken, it may be reissued in the farm and tenor of
the lost, destroyed or taken Bond upon the owner furnishing, to
the satisfaction of the Council: {a) proof of ownership, {b)
proof of loss or destruction, {c) a surety bond in twice the
amount of the Bond in question and (d) payment of the cost of
preparing and issuing the new Bond.
Section 18. Ratification of Actions. Ali actions
heretofore taken by the Town and by the officers of the Town not
inconsistent herewith directed toward the creation of the
District, the construction and installation of the Improvements
and the authorization, issuance and sale of the Bonds are hereby
ratified, approved and confirmed.
Section 19. Facsimile Sianatures. Pursuant to the
- -
Uniform Facsimile Signature of Public Officials Act, part 1 of
article 55 of title 11, Colorado Revised Statutes, as amended,
the Mayor and the Town Clerk shall forthwith, and in any event
prior to the time the Bands are delivered to the Purchaser, file
with the Colorado Secretary of State their manual signatures
certified by them under oath.
Section 20. Authorized Acts. The officers of the Town
are hereby authorized and directed to enter into such agreements
and take all action necessary or appropriate to effectuate the
provisions of this Ordinance and to comply with the requirements
of law, including, without limiting the generality of the
foregoing:
a. The printing of the Bands herein authorized,
including the printing upon each of the Bonds a copy of the
approving legal opinion of Ballard, Spahr, Andrews &
Ingersoll, bond counsel; and
b. The execution of such certificates as may be
reasonably required by the Purchaser of the Bonds relating
to the signing of the Bonds, the tenure and identity of the
Town officials, if in accordance with the facts, the absence
of litigation, pending or threatened, affecting the validity
of the Bonds, and the exemption from federal income taxation
of the interest on the Bonds and receipt of the Bond
purchase price; and
D24783 46 05/19/87
•
i •
c. The making of various statements, recitals,
certifications and warranties provided in the form of Bond
set forth in this Ordinance; and
d. The payment of the interest on the Bonds as
the same shall became due and the principal of the Bonds at
maturity or upon prior redemption without further warrant ox
order.
Section 21. Repealer of Measures. A11 ordinances,
resolutions, acts, orders, or parts thereof, of the Town and in
conflict with this Ordinance are hereby repealed, except that
this repealer shall not be construed so as to revive any
ordinance, resolution, act, order, or part thereof heretofore
repealed.
Section 22. Ordinance IrreAealable. This Ordinance
is, and shall. constitute, a Legislative measure of the Town, and
after the Bonds hereby authorized are issued, sold, and are
outstanding, this Ordinance shall constitute a contract between
the Town and the registered owner or owners of the Bonds, and
shall be and remain irrepealable until the Bonds and the interest
accruing thereon shall have been fully paid, satisfied and
discharged.
Section 23. Severability. If any paragraph, clause or
provision of this Ordinance is judicially adjudged invalid or
unenforceable, such judgment shall not affect, impair or
invalidate the remaining paragraphs, clauses or provisions
hereof, the intention being that the various paragraphs, clauses
or provisions hereof are severable.
Section 24. Recording; Effective Date. This Ordi-
nance, after its final passage, shall be recorded in a book
kept for that purpose, shall be authenticated by the signatures
of the Mayor and the Town Clerk, shall be published as provided
in the Charter of the Town and shall take effect £ive {5} days
after publication following final passage.
Section 25. Public Hearing. A public hearing on this
Ordinance will be held at the Vail Municipal Building in Vail,
Colorado, an Tuesday, May 19, 1387, at 7:30 p.m. and notice of
such hearing is authorized to be given by publication once in The
Vail. Trail on May B, 1987.
D24783 47 05/19/87
~ ~ ~
INTRODUCED A SECOND TIME, READ BY TITLE, AMENDED,
FINALLY APPROVED ON SECOND READING AS AMENDED, ADOPTED AND
ORDERED PUBLISHED AGAIN TN FULL this 19~~ of 1987.
~ ~ ~~ ~
~ ~ ~r
Mayur' //~
(TOWN} Tawn of Vail
(SEAL} Eagle County, Colorado
ATTEST:
Town Clerk
Town of Vail
Eagle County, Colorado
D24783 48 05/19/87
• ~ .
Council Member
motion, and the question
approval on second reading
with the follow9.ng result:
~. N~
being upon the
of the Ordinance,
duly seconded the
amendment and final
the roll was called
Counc~.l Members voting "Yes":
Paul R. Johnston ~~ ~1~.
~n r F Y i ~t ~~ ~/1L~
Gordon Pierce
Kent Rose
John Slevin
Hermann Staufer
Gail Wahrlich-Lowenthal
Cnuncil Members voting "No":
r V ~M~,,
Council Members having voted in favor of the
motion, the Mayor thereupon declared the Ordinance duly amended
and finally approved on second reading and directed that the
Ordinance, as approved, be published again in full in The Vail
Trail, a newspaper of general circulation within the Town and
legally qualified for Town publications.
After consideration of other business to come before
the Council, the meeting was adjourned.
~J'X-ill >~. f,~,l`~
Town Clerk
Town of Vail
Eagle County, Colorado
(TOWN)
{SEAL)
D24783 49 os~l9~g7
• i •
STATE OF COLORADO }
}
COUNTY OF EAGLE ) ss.
TOWN OF VAIL }
I, Pamela A. Brandmeyer, the duly elected ar appointed,
qualified and acting Town Clerk of the Town of Vail, Eagle
County, Colorado, do hereby certify that the foregoing pages l to
49, inclusive, constitute a true and correct copy of the Record
of the Proceedings of the Town Council of the Town, taken at
regular meetings thereof held at the Municipal Building in Vail,
Colorado, on Tuesday, the 5th day of May, 1987, commencing at the
hour of 7:30 p.m. and on Tuesday, the 19th day of May, 1.987,
commencing at the hour of 7:30 p.m., as recorded in the official
Record of the Proceedings of the Town kept in my office, insofar
as said proceedings relate to Ordinance No. 13, Series of 1987,
authorizing the issuance of Town of Vail, Colorado, West Vail
Local Improvement District No. 1 Special Assessment Bonds, dated
,7une 1, 1987, in the aggregate principal amount of $525,000; that
said proceedings were duly had and taken; that said meetings were
duly held; and that the persons were present at said meetings as
therein shown.
It is hereby further certified that said Ordinance was
published in full in The Vail Trail, a newspaper published and
having general circulation in the Town and legally qualified for
Town publications, on May 8, 1987, and on May o~~, 1987, as
evidenced by the affidavits of publication attached hereto.
IN WITNESS WHEREOF the undersigned has hereunto set her
hand and the seal of the Town this aoL'~day of May, 1987.
~J~ ~~~~
Town Clerk
Town of Vail
Eagle County, Colorado
(TOWN)
(SEAL}
D24783 50 05/19/87
• ~ •
STATE OF COLORADO
COUNTY OE EAGLE ] ss.
TOWN 0~' VAIL
(Attach affidavit of pubJ.ication of Ordinance in full
and notice of public hearing thereon.)
D24783 51 05/19/87
• .
STATE OF COLORADD )
COUNTY OF EAGLE } ss.
TOWN OF VAIL }
(Attach affidavit of publication of Ordinance again in
full.)
D24783 52 05/19/87
-~~ EAGLE COUNTY RECREATION AND HOUSING
~ SPECIAL ELECTION
FACT SHEET
APRIL 10, 1990
The Eagle County Commissioners, in concert with the Eagle County Recreation Task Force, have set a special election
for the purpose of creating annual revenue to:
- Purchase and develop a site for recreation in Berry Creek-Miller RanchlEdwards
- Provide recreation development in the P,agle/Gypsum area
- Provide recreation development in the Basalth~l Jebel area
- Provide a 10 acre site for private development of affordable housing at Berry Creek-Miller Ranch/
Edwards
HISTORY
198Ci-87 - County-wide recreational needs assessment was completed. Need for additional recreation sites,
including softball and other fields, was established through the Eagle County Recreation Planning
Process.
- Eagle County acquired a 146 acre parcel adjoining the County Fairgrounds near Eagle.
198$-89 - Further Eagle County recreation planning proposed Eagle and Edwards sites for recreationlpark
development.
- Eagle County Commissioners accepted mandate to coordinate county-wide recreation effort.
- George Gillett, owner of Vail Associates, Inc., acquired a contract to purchase the Berry Creek
5th Filing at Edwards.
- County Recreation Task Force was formed. George Gillett offered the Task Force a no-cost
option to purchase the property, if they could agree on a plan by January 1, 1990.
1990 - The Task Force agreed to accept the Gillett offer. The Town of Vail purchased the Berry Creek
5th Filing in order to put it into public ownership until acounty-wide election could be held.
- If the question is passed, Eagle County will own and develop the sites. If it is defeated, no
additional County purchase or development will occur. Furthermore, the Town of Vail will be
free to sell the Edwards site.
- Representatives from all communities in Eagle County have been asked to join the Task Force.
- Public meetings are now in progress to provide information and to begin the developmental
planning process.
4/10/9tl - County-wide special election to provide revenue for recreation at all three sites and a 10 acre site
far development of affordable housing at Berry Creek-Miller RanchlEdwards.
• •
BALLOT QUESTION
"Shall the Board of County Commissioners of Eagle County be granted authority to levy ad valorem taxes on all
taxable property in said County in an amount exceeding the limitation imposed by section 29-1-301, Colorado Revised
Statutes, as amended, or successor provisions, such additional tax levy to be made in the year 1,990 far collection in
1991 in an amount not exceeding $1,800,000 and the revenue derived therefrom to be included in determining such
limitation in subsequent years, such additional revenues to be used by the County to establish and operate a system of
public recreation facilities and playgrounds in said County which may include acquiring up to ten acres of real
Y...l...rty in said County for the purpose of providinga site for the development of affordable housing7"
For Additional ~ Against Additional
Tax Levy Tax Levy
Note: This additional levy would result in an estimated increase of taxes of $45 per $] t7t1_tlflfl nf~arket value nn
residential ~r_o~v_and of $87 per $104.000 of market value on commercial. industrial, or vacant
property and personal property. -
ANNUAL PROCEEDS AND COSTS
Approval of the ballot issue results in $1.8 million generated in 1991 to pay debt service, operating casts, and to
initiate a reserve fund restricted for recreation facilities and operations that over time will provide funds for additional
development on ail sites. In subsequent years, that amount is assumed to increase 2.5% per year due to growth in the
tax base. In an effort to be financially responsible and conservative, operations and administration costs have been
budgeted. No operating revenue has been assumed. However, when operating revenue is realized, including user fees,
it will be applied to the reserve fund for Phase II development.
For example:
1992 -First Full Year of Operation
proceeds
Property Tax $1,845,004
User Fees _ -0-
TotalProceeds $1,845,000
x s
Operations and Administration $ 472,160
Debt Service to be used for capital costs 1,041,000
Reserve Fund for Development of additional
facilities on all sites (Phase II) 331.f34D
Total Expenses $1,845,000
"-
4
I'
~ ~ ~
CAPITAL COSTS -- PHASE I
The annual debt service identified, {see Expense Section above}, will support the fallowing capital costs in Phase I.
Berry Creek-Miller RanchlFdwards
(105 acres)-(11S acres)
Land Acquisition $ 3,370,000
Infrastructure and Recreatian/Park Development 5,016,520
included in first phase of development:
1) Four field softball complex
2) Two multiple purpose athletic fields
3) Quarter-mile running track and football field
4) Open activity areas for volleyball, croquet,
horseshoes, and other court games
5) Maintain equestrian center at present location
EaglclGypsum
Indoor recreation facility or park development
including athletic/softball fields 500,000
Aasalt/El Jebel
Recreation/park development 700,000
Capitalized InterestlContingency 163.480
Total Capital Costs -- Phase i $10,05{7,000
OPERATIONS AND MANAGEMENT
All options for operating and managing these facilities will be examined, including contracting with existing govem-
mental andlar private entities to ensure efficient operation and to avoid duplication.
AFFORDABLE HOUSING
'The money venerated by this election cannot he used to construct housing However, ten acres of land as specified in
the purchase contract on the Edwards site will be set aside for the development of affordable housing. It is anticipated
that the housing will be developed privately with public cooperation. The specific type of development, architectural
design, and location will be determined based upon the results of the affordable housing survey now being conducted
on a county-wide basis as well as a public planning process which will involve representatives of the neighboring
areas. The importance of linking this site to job centers is acknowledged. A master transportation plan for Eagle
County is currently underway.
PLANNING PROCESS
A full County planning process will be undertaken, including extensive public input, Eo determine site specific plans
for all recreation facilities and affordable housing.
~ ~ ~
FOR MORE INFORMATION
Public meetings will be held throughout the county up until the election. Watch for specific dates and locations in
your area. Please direct questions or comments regarding this issue to the following Eagle County Recreation Task
Force members:
Don Welch, Eagle County Commissioner
Jerry Davis, Avon Town Council
Jim Stovall, Avon Town Council
Bill Cunningham, Eagle Town Board
Darell Wegert, Mayor, Minturn
Sharon Iversen, Red Cliff Town Board
Peggy Ost.;Ef;,as, Vail Town Council
Merv Lapin, Vail Town Council
Bill Heicher, Western Eagle County Recreation District
Bill Johnson, Western Eagle County Recreation District
VOTER ELIGIBILITY
328-7311
949-S2S7
476-7575
949-4200
328-2396
827-5633
827-5291
476-0503
476-5483
328-7104
328-7182
TO BE ELIGIBLE TO VOTE, A PERSON MUST BE A REGISTERED ELECTOR IN EAGLE COUNTY. A
registered elector is a citizen of the United States, 18 years of age, who has resided both in the State of Colorado, as
well as Eagle County, 32 days prior to the election, and considers Eagle County his/her sole legal place of residence.
VOTER REGISTRATION
A person can register to vote at any Municipal Office in Eagle County or the County Clerk and Recorder's Office in
Eagle (i.e., Town of Vail, Town of Avon, Town of Minturn, Town of Red Cliff, etc.}, or at the Division of Motor
Vehicles. Voter registration must occur by Friday. March 16. 1990. at 5:00 p.m.
ABSENTEE BALLOTS
Upon requesk at the Eagle County Clerk and Recorder's Office, an application for an absentee ballot will be mailed.
Upon receipt of this written application with voter signature, an absentee ballot will be mailed.
Eagle County Clerk and Recorder
Attn: Johnnette Phillips
P. O. Box S37
Eagle, CO 81631
303-328-7311 or 303-949-5257
VOTING LOCATIONS
Precinct 001
Precincts 002, 012, 013, 014
Precinct 003
Precinct 004
Precincts 005, 016
Precincts 006, 009
Precinct 007
Precinct Otl8
Precinct 010
Precinct 011
Precincts 015A, 0158
Precinct 017
Red Cliff Community Center
Vail Municipal Building
Minturn Town Hall
Lutheran Church, Edwards
Eagle Community Center
Gypsum Fire House
Basalt Town Hall
El Jebel Fire House
Residence of Bill & Jill Schlegel
1881 Derby Mesa Loop, Burns
McCoy School
Avon Municipal Building
Battle Mountain High School
1 s
~~~
~ • •
" EAGLE COUNTY RECREATION AND HOUSING
SPECIAL ELECTION
FACT SHEET
APRIL 10, 1990
7'he Eagle County Commissioners, in concert with the Eagle County Recreation Task Force, have set a special election
for the purpose of creating annual revenue to:
- Purchase and develop a site for recreation in Berry Creek-Miller Ranch/Edwards
- Provide recreation development in the EaglelGypsum area
- Provide recreation development in the Basalt/E13ebe1 area
- Provide a 10 acre site for private development of affordable pausing at Berry Creek-Miller Ranch/
Edwards
HYSTORY
1986-87 - County-wide recreational needs assessment was completed. Need for additional recreation sites,
including softball and other fields, was established through the Eagle County Recreation Planning
Process.
- Eagle County acquired a 146 acre parcel adjoining the County Fairgrounds near Eagle.
1988-89 - Further Eagle County recreation planning proposed Eagle and Edwards sites for recreation/park
development.
- Eagle County Commissioners accepted mandate to coordinate county-wide recreation effort.
- George Gillett, owner of Vail Associates, Inc., acquired a contract to purchase the Berry Creek
5th Filing at Edwards.
- County Recreation Task Force was formed. George Gillett offered the Task Force a na-cost
option to purchase the property, if they could agree on a plan lsy 3anuary 1, 1990.
1990 - The Task Farce agreed to accept the Gillett offer. The Town of Vail purchased the Berry Creek
5th Filing in order to put it into public ownership until acounty-wide election could be held.
- If the question is passed, Eagle County will own and develop the sites. If it is defeated, no
additional County purchase or development will occur. Furthermore, the Town of Vail will be
free to sell the Edwards site.
- Representatives from all communities in Eagle County have been asked to join tpe Task Force.
- Public meetings are now in progress to provide infarrnation and to begin the developmental
panning process.
4110190 - County-wide special election to provide revenue for recreation at all three sites and a 10 acre site
far development of affordable housing at Berry Creek-Miller Ranch/Fdwards.
~ ~
• •
$~LO~QUEST C~
"Shall the Board of County Commissioners of Eagle County be granted authority to levy ad valorem taxes on all
taxable property in said County in an amount exceeding the limitation imposed by section 29-1-301, Colorado Revised
Statutes, as amended, or successor provisions, such additional tax levy to be made in the year 199(? for collection in
1991 in an amount not exceeding $1,800,000 and the revenue derived therefrom to be included in determining such
limitation in subsequent years, such additional revenues to be used by the County to establish and operate a system of
public recreation facilities and playgrounds in said County which may include acquiring up to ten acres of real
property in said County for the purpose of providing a site for the development of affordable housing?"
For Additional ~ Against Additional
Tax Levy Tax Levy
Note: This additional levy would result in an estimated increase of taxes of $
and of $87 per X100.000 of market value on commercial. industrial. or vacant
property and personal property.
ANNUAL PROCEEDS AND COSTS
Approval of the ballot issue results in $1.8 million generated in 1991 to pay debt service, operating costs, and to
initiate a reserve fund restricted for recreation facilities and operations that over time will provide funds for additional
development on all sites. In subsequent years, that amount is assumed to increase 2.5% per year due to growth in the
tax base. In an effort to be financially responsible and conservative, operations and administration costs have been
budgeted. No operating revenue has been assumed. However, when operating revenue is realized, including user fees,
it will be applied to the reserve fund for Phase II development.
Fnr example:
1992 -First Full Year of Operation
Proceeds
Property Tax $1,845,000
User Fees -0-
Total Proceeds $1,845,000
Rxnr;nsPs
Operations and Administration $472,160
Debt Service to be used for capital costs 1,041,000
Reserve Fund for Development of additional
facilities on all sites (Phase II) 33t.R40
Total Expenses $1,845,000
.. ~-
CAPITAL COSTS -- PHASE I
"I'he annual debt service identified, {see Expense Section above), will support the following capital costs in Phase I.
Berry Creek-Miller Ranch/Edwards
(10S acres)-{115 acres)
Land Acquisition $ 3,370,000
Infrastrucwre and Recrcation/Park Development 5,016,520
Included in first phase of =i~.~ elopment:
1) Four field softball complex
2) Two multiple purpose athletic fields
3) Quarter-mile running track and football field
4) Open activity areas for volleyball, croquet,
horseshoes, and other courk games
5) Maintain equestrian center at present location
EaglclGypsum
Indoor recreation facility or park development
including athleticlsoftball fields 800,000
I3asalt/lJ] Jcbcl
Recreation park development 700,000
Capitalized Interest/Contingency 163.4f3(1
Total Capital Costs -- Phase I $10,050,000
QPERATIONS AND ~;~,~NAGEMENT
All options for operating and managing these facilities will be e~::irained, including contracting with existing govern-
mental andlor private entities to ensure efficient operation and to avoid duplication.
AFFORDABLE HOUSING
't'he money venerated by this election cannot be used to construct housing However, ten acres of ].and as specified in
the purchase contract on the Edwards site will be set aside for the development of affordable housing. It is anticipated
that the housing will be developed privately with public cooperation. The specific type of development, architectural
design, and location will be determined based upon the results of the affordable housing survey now being conducted
an a county-wide basis as well as a public planning process which will involve representatives of the neighboring
areas. The importance of linking this site to job centers is acknowledged. A master transportation plan for Eagle
County is currently underway.
PLANNING PROCESS
A full County planning process will be undertaken, including extensive public input, to determine site specific plans
far all recreation facilities and affordable housing.
•
FOR MORE INFORMATION
Public meetings will be held throughout the county up until the election. Watch for specific dates and locations in
your area. Please direct questions or comments regarding this issue to the following Eagle County Recreation Task
Force membe[s:
Dan Welch, Eagle County Commissioner 328-7311
949-5257
Jerry Davis, Avon Town Council 476-7575
Jim Stovall, Avon Town Council 949200
Bill Cunningham, Eagle Town Board 328-2396
Darell Wegert, Mayor, Mintum 827-5633
Sharon Iversen, Red Cliff Town Board 827-5291
Peggy Osterfoss, Vail Town Council 476-0503
Merv Lapin, Vail Town Council 476-54$3
Bill Heicher, Western Eagle County Recreation District 328-7104
Bill Johnson, Western Eagle County Recreation District 32$-7182
VOTER ELIGIBILITY
TO BE ELIGIBLE TO VOTE, A PERSON MUST Bl: A REGISTERED ELECTOR IN EAGLE COUNTY. A
registered elector is a citizen of the United States, 18 years of age, who has resided both in the State of Colorado, as
well as Eagle County, 32 days prior to the election, and considers Eagle County his/her sole legal place of residence.
VOTER REGISTRATION
A person can register to vote at any Municipal Office in Eagle County or the County Clerk and Recorder's Office in
Eagle (i.e., Town of Vail, Town of Avon, Town of Minturn, Town of Red Cliff, etc.), or at the Division of Motor
Vehicles. Voter registration must occur by Fridav. March 16. 1990. at 5:00 p.m.
ABSENTEE BALLOTS
Upon request at the Eagle County Clerk and Recorder's Office, an application for an absentee ballot will be mailed.
Upon receipt of this written application with voter signature, an absentee ballot will be mailed.
Eagle County Clerk and Recorder
Attn: Johnnekte Phillips
P. O. Box 537
Eagle, CO 81631
303-328-7311 or303-949-5257
VOTING LOCATIONS
Precinct 001
Precincts 002, 012, Q13, 014
Precinct 003
Precinct 004
Precincts 005, 016
Precincts a06, 009
Precinct 007
Precinct 008
Precinct 010
Precinct 011
Precincts 015A, O15B
Precinct 017
Red Cliff Community Center
Vail Municipal Building
Mintum Town Hall
Lutheran Church, Edwards
Eagle Community Center
Gypsum Fire House
Basalt Town Hall
E1 Jebel Fire House
Residence of Bill & Jill Schlegel
1881 Derby Mesa Loop, Burns
McCoy School
Avon Municipal Building
Battle Mountain High School
" ~ ..