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HomeMy WebLinkAbout1993-29 Granting a Franchise by the Town of Vail to Public Service Company of Colorado, Its Successors and Assigns, the Right to Furnish, Sell, and Distribute Gas to the Town and All Persons, Businesses, and Industry within the Town~_ , w ~'f ORDINANCE NO.: 29-Series o~ 1993 AN ORDINANCE GRANTING A FRANCHISE BY THE TOWN OF VAIL TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO FURNISH, SELL AND DISTRIBUTE GAS TO THE TOWN AND TO ALL PERSONS, BUSINESSES, AND INDUSTRY WITHIN THE TOWN AND THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH SAID TOWN ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE GAS WITHIN THE TOWN AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND OTHER PUBLIC PLACES AND PUBLIC EASEMENTS AS HEREIN DEFINED AS MAY BE NECESSARY; AND FIXING THE TERMS AND CONDITIONS THEREOF. 1~ '- ~'~ ~ ..~ " 1. 2. 3. 4. 5. 6. 7. 8. TABLE OF C02v ~ r~rTT5 DEFINITIONS 1 GRANT OF FRANCHISE . 3 2.1 Grant of Franchise . 3 2.2 Term of Franchise , . _ 4 FRANCHISE FEE 5 3 . ~. Franchise Fee . 5 3.2 Payment Schedule 5 3,3 Change of Franchise Fee and Other Franchise Terms & 3.4 Franchise Fee Payment in Lieu of Other Fees 7 SUPPLY, CONSTRUCTION AND DESIGN 7 4.1 Supply of Gas 7 4,2 Restoration of Service $ 4.3 Obligations Regarding Company Facilities 8 4.4 Excavation and Construction ~. 8 4.5 Relocation of Company Facilities , 9 4.6 Service to New Areas . 9 4.7 Town, Not Required to Advance Funds 9 4.8 Technological Improvements IO COMP LIANCE 10 5.1 Town Regulation 10 5.2 Compliance With Town Requirements . 11 5.3 Town Review of Construction and Design lI. 5.4 Compliance with FUC Regulations 12 5,5 Compliance With Air and Water Pollution Laws Z2 5.6 Inspection 12 PUBL IC UTILITIES COMMISSION . 13 6.1. Public Utilit~.es Commission Regulation 13 REPORTS TO TOWN 13 7.1. Reports an Company Operations 13 7.2 Copa.es of Tariffs, All PUC Filings .~ 14 XNDEMNxFTCATION OF THE TOWN 14 8 . 1 'Ibwn Held Harmless ~ . ~ ~ 14 8.2 Payment of Expenses Incurred by Town in Relation to Ordinance . ~ , 15 - i - H •, _ • 9. TRANSFER OF FRANCHISE 15 9.1 Consent of Town Required 15 9 .2 Trans f ex Fee _ 15 10. PURCHASE OR CONDEMNATION . 16 10.1 lawn's Right to Purchase or Condemn 16 10.2 Continued Cooperation by Company 16 10,3 Right of First Purchase. 37 11. REMOVAL OF COMPANY FACIT,ITIES AT END OF FRANCHISE 18 11.1 Limitations on Campany Removal 18 12. TRANSPORTATrON OF GAS 18 12.1 Txanspaxtation of Gas 18 13. FORFEITURE . 19 13.1 Forfeiture 19 13.2 Judicial Review 20 13.3 Other Legal Remedies 20 13.4 Continued Obligations 20 14. AMENDMEN'T'S . 20 14.1 Amendments to Franchise 20 15. MISCET_,LANEOUS 21 15.1 Successors and Assigns .~ - 21 15.2 Third Parties 21 35.3 Representatives 21 15.4 SeverabiZity 22 15.5 Entire Agreement 22 16. APPROVAL 22 3.6.1 Council Approval. 22 16.2 Company Approval 23 - ii - ~iK . ~ ., . ,fI • • BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: ARTICLE 1 DEFINITIONS X3..0 For the purpose of this franchise, the following words and phrases shall have the meaning given in this article. When. not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined in this article shall be given their common and ordinary meaning. 3..1 "C~~«~,any" refers to and is Public Service C~~~E~any of Colorado, and its successors and assigns, but does not include its affiliates, subsidiaries ar any other entity in which it has an ownership interest. 1.2 "Council" or "Town Council" refers to and is the legislative body of the Town. 1.3 "Distribution Facilities" refers to and is only that portion of the Company's gas system which delivers gas from the dawn side of the regulator station.~to 'the point-of- 1 delivery of the customer, including all devices connected to that system. 1.4 "Facilities" refer to and are all facilities reasonabJ.y necessary to provide gas into, within and through the Tawas and include plants, works, systems, lines, equipment, pipes, mains, gas compressors and meters. 1.5 "Gas" ar "Natural Gas" refers to and is such gaseous fuels as natural, artificial, synthetic, liquefied natural, liquefied petroleum, manufactured, or any mixture thereof. 1.6 "Public Easements" refer to and are public and dedicated easements created and available for use by investor-owned, or other public utilities for their facilities. 1.7 "Public Utilities Commission° or "PUC" refers to and is the Public Utilities Commission of the State of Colorado or other authority succeeding to the regulatory powers of the Public Utilities Commission.. 1.8 "Residents" refers to and includes all persons, busi- nesses, industry, governmental agencies, and any other entity whatsoever, presently located or to be hereinafter located, in 2 ~:,.; J1 ~ x - .- C whole or in part, within the territorial boundaries of the Tawas. 1.9 "Revenues" refer to and are those amounts of money which the C~~«Nany receives from its customers within the Town from the sale of gas under rates authorized by the Public Utilities Commission as well as from the transportation of gas to its customers within the Town and represents amounts billed under such rates as adjusted for refunds, the net write-off of uncnllectible accounts, corrections or other regulatory adjustments. 1.10 "Streets and ©ther Public Places" refer to and are streets, alleys, viaducts, bridges, roads, lanes and other public places in said Town. 1.11 "Town" refers to and is the municipal corporation designated as the Town of Va~a.l, Eagle County, Colorado and includes the territory as currently is or may in the future be included within the boundaries of the Town of Vail. ARTSCLE ~ GRANT OF FRANCHISE §2.1 Grant of Franchise. The Town of Vail hereby grants to Bublic Service Company, for the period specified in and subject to 3 p • e'k>„ • • ~ the conditions, terms and provisions contained in this franchise, a non-exclusive right to furnish, sell and distribute gas to the Town and to all residents of the Town. 5ub`iect to the conditions. terms and provisions contained in this franchise, the Tawn also hereby grants to the Cu~~,~,any a non-exclusive right to acquire, construct, install, locate, maintain, operate and extend into, within and through the Town all facilities reasonably necessary to furnish, sell and distribute gas within and through the Town and a non-exclusive right to make reasonable use of the streets and other public places and public easements as may be necessary to carry out the terms of this franchise. These rights sha11 extend to all areas of the Town as it is now constituted and to additional areas as the Town may increase in sine by annexation or otherwise. X2,2 Term of Franchise. This franchise shall take effect on February x, 1.994. The term of this franchise shall be for 20 years, beginning with said effective date of this franchise and expiring on January 31, 2p1.4. 4 ,~? . . • ARTICLE 3 FRANCHISE FEE X3.1. Fra_zirhise Fee. In consideration for the grant of this franchise, the Company shall pay the Town a sum equal to two percent {2 °s) of all revenues received from the sale and transpor- tation of gas within the Town, excluding revenues received from the Town for the sale of gas to the ,Town, X3.2 Payment Schedule. For the franchise fee owed on revenues received after the effective date of this franchise, payment shall be made in monthly installments not more than thirty days following the close of the month for which payment is to be made. Initial and final payments shall be prorated far the portions of the months at the beginning and end of the term of this ordinance. All payments shall be made to the Finance Director. The Finance Director, or other authorized representatives, shall have access to the books of the Company for the purpose of auditing ar checking to ascertain that the franchise fee has been correctly computed and paid. In the event an. error by the Company results in an overpayment of the franchise fee to the Town and said overpayment is in excess of $3,200, credit for the overpayment shall be spread over the same period the error was undiscovered. If the 5 • • • overpayment is $3,200 or less, credit shall be taken against the next payment. §3 .3 Chance of Fr~;n.r_.h~ se FPa ~n~3 ether Franchise Terms. Once during each calendar year of the franchise term the Town Council, upon giving 30 days notice to the Company of its intention so to da, may review and change the consideration the Town may be entitled to receive as a part of the franchise; provided, however, the Council. may only change the consideration to be received by the Town under the terms of this franchise to the equivalent of the consideration paid by the Company to any city or town in the State of Colorado in which the Company supplies gas under franchise. The Company shall. report to the Town within sixty (60) days of the execution of a subsequent franchise or of any change of franchise in other municipalities that could have a significant financial impact on the consideration to be paid by the Company to the Town hereunder. if the Town Council decides the consideration shall. be so changed, it shall provide for such change by ordinance; provided, however, that any change in the franchise fee is then allowed to be surcharged by the Company; and provided, further, that the consideration is not higher than the highest consideration paid by the Company to any municipality within the State of Colorado. For purposes of this Section, consideration means the franchise fee established in Article 3, Section 1; and also 6 ~i _ ., C; includes any other provision which is of similar significant financial benefit to the Town. ~3.~ Franchise Fee Pavment in Lieu of gther Fees. Payment of the franchise fee by the Company is accepted by the Town in lieu of any occupancy tax, license tax, permit charge, inspection fee, or similar tax on the privilege of doing business or in connection with the physical operation thereof, but does not exempt the Company from any lawful taxation upon its property or any other tax not related to the franchise or the physical operation thereof and does not exempt the Company from payment of head taxes or other fees or taxes assessed generally upon businesses. ARTICLE 4 SUPPLY, CONSTRUCTION AND DESIGN ~4 . ~. Suntsly of Gas . The Company shall take all reasonable and necessary steps to provide an adequate supply of gas to its customers at the lowest reasonable cost consistent with long-term reliable supplies. Tf the supply of gas to its customers should be interrupted, the Company shall take all necessary and reasonable actions to restore such supply within the shortest practicable time. 7 • • • X4.2 Restoration of Service. In the event the Company's gas system, ar any part thereof, is partially or wholly destroyed or incapacitated, the Company shall use due diligence to restore its system to satisfactory service within the shortest practicable time. X4.3 Obliaatzc~ns Recxardin~ Comnanv Facilar.ies. The Company shall install, maintain, repair, renovate and replace its facil-- hies with due diligence in a good and workmanlike manner and the Company's fac:~lities will be of sufficient quality and durability to provide adequate and efficient gas to the Town and its residents. Company facilities shall not interfere with the Town's water mains, sewer mazes or other municipal use of streets and other public places. The Company shall erect and maintain its facilities in such a way so as to minimize interference with trees and other natural features. Company facilities shall be installed in public easements so as to cause a minimal. amount of interference whin such property. §4.4 Excavation and Construction. All excavation and construction work done by the Company shall be done in a timely and expeditious manner which minimizes the inconvenience to the publio and individuals. All public and private property whose use conforms to restrictions in public easements disturbed by Company excavation or construction activities shall be restored by the 8 • • • Company at its expense to substantially its former condition within a reasonable time. §4.5 Relocation of Company Facilit~.es. Any relocation of the Campan.y's facilities in any street or other public place required, caused or occasioned by any Town project shall be at the cost of the Company. Relocation shall be completed within a reasonable tune from the date when the Town makes its request, such time to be established by the Company as soon as possible after the Town's request. The Company shall be granted an extension of time of completion equivalent to any delay caused by conditions not under its contro3 provided that the Company proceeds with due diligence at all. times. ,~4.6 Service to New Areas,. Z£ the boundaries of the Town are expanded during the term of this franchise, the C~A<<~,any shaJ.l extend service to residents in the expanded area at the earliest practicable time and in accordance with the Company's extension policy. Service to the expanded area shall be in accordance with the terms of this franchise agreement, including payment of franchise fees. §4.7 Town Not Reouired to Advance Funds,. I7pon receipt of the Town's authorization for billing and construction, the Company shall extend its facilities to provide gas to the Town for 9 • • • municipal uses within the Town limits or for any major municipal. facility outside the Town limits, and within the C'nrnnanv certificated service area, without requiring the Town to advance funds priar to construction. §4.8 Technolaaical Improvements. The Company shall generally introduce and install, as loan as practicable, gas technological advances in its equipment and service within the Town when such advances are technically and economically feasible and are safe and beneficial to the Tawn and its residents. Unless OthPrw,`cP requested by the Town, the Company shall review and promptly report substantial, advances which have occurred in the gas utility industry that have been incorporated into the Company's operations in the Town in the previous year or will be so incorporated in the six months following the Company's report. ARTICLE 5 CQMPT~ IANCE X5.1. Town Regulation. The Town expressly reserves, and the. Company expressly recognizes, the Town's right and duty to adopt, from time to time, in addition to the provisions herein contained, such Charter provisions, ordinances and rules and regulations as may by the Town be deemed necessary in .the exercise of its police 1.0 • • • power for the protection of the health, safety and welfare of its citizens and their properties. §5.2 Compliance With Town Requirements. The Company will comply with all Town requirements regarding curb and pavement cuts, e~ccavating, digging and related construction activities. If . requested by the Town, the Company shall submit copies of reports of annual and long-term planning far capital improvement projects with descriptions of required street cuts, excavation, digging and related construction activities within 30 days after issuance. Except for emergencies, the Town may require that all installations be coordinated with the Town's street improvement programs. The Town Engineer shall be the Town's agent for inspection and for compliance with Town ordinances and regulations on any such projects. §5.3 Town Review of Construction and Desian,. Except in emergency circumstances, prior to construction of any significant gas facilities above ground, the Company shall furnish to the Town the plans for such facilities. Tn addition, the C~~«Nany sha11 assess anal report on the impact of such proposed construction on the Town environment. Such plans and reports may be reviewed by the Town to ascertain, inter olio, (1} that all applicable laws including building and zoning codes and air and water pollution regulations are compliers with, (2} that aesthetic and good planning 11 ~t ?'aj,w • • • principles have been given due consideration and (3] that adverse impact on the environment has-been minimized. §5.4 CU,«~,liance with PUC Regulations.. The gas which the Company distributes shall canform with the standards promulgated by the Public Utilities Commission in the Rules Reaulatinc~ the Service of Gas Utilities and with the tariff provisions of the Company setting standards, as the same may be amended from time to time. §5.5 ComaliancP w~t.h~.Air.~.nd Water Pollution Taws. The Company shall use its best efforts to take measures which will result in its facilities meeting. the standards required by applicable Federal and State air and water pollution laws. Upon the Town's request, the Company will provide the Town with a status report of such measures. §5.6 lnsnection. The Town shall have the right to inspect at all reasonable times any portion of the C~L«~,any's system used to serve the Town and its residents. The Town shall also have access to Company records for the purpose of determining Company compliance with this franchise. The Company agrees to cooperate with the Tawn in conducting the inspection and to correct any discrepancies affecting the Town's interest in a prompt anal efficient manner. 12 ~s, :t.`~?Tt;~ • • ARTICLE 6 PUBLIC UTILITIES COMMISSION • §6.1 Public Utilities C~~~~«ission Recrulation. The Town and the Company recognize that the Lawful provisions of the Company's tariffs on file and in effect with the Public Utilities Commission which are consistent with the restrictions and limitations of Arta.cle XXV of the Colorado Constitution regarding the rights of municipalities to franchise are controlling over any inconsistent provision in this franchise dealing with the same subject matter. In the opinion of the Company, no pro~rision of this franchise is inconsistent with any of the currently effective provisions of the Company's tariffs. ARTICLE 7 REPORTS TO TOWN §7.1. Reports on Comt~anv Operations. The Company shall submit reasonable and necessary reports containing or based on information readily obtainab~.e from the C~~«~any's books and records as the Town may request with respect to the operations of the C~~«~,any under this franchise and provide the Town with a ~.ist of real property within the Town which is owned by the Company. 13 • • • X7.2 Conies of Tariffs. All PUC FilinQS. The C~,~-~,any shall keep on file in the nearest Company office, all tariffs, rules, regulations and policies approved by the Public Utilities Commission relating to service by the C~~«~any to the Town and its residents. Upon request by the Town, the Company shall provide the Town with copies of filings affecting said service which it makes with the PUC. ARTICLE 8 INDEMNTFTCATXON OF THE TOWN X8.1. Town Held Harmless. The Company shall indemnify, defend and save the Town harmless from and against all liability or damage and all claims or demands whatsoever in nature arising out of the operations of the Company within the Town pursuant to this franchise and the securing of and the exercise by the Company of the franchise rights granted in this ordinance and shall pay all reasonable expenses arising therefrom. The Town will provide prnrnpt written notice to the Company of the pendency of any claim or action against the Town arising out of the exercise by the Company of its franchise rights. The Company will be permitted, at its own expense, to appear and defend or to assist in defense of such claim. Notwithstanding any provision hereof to the contrary, the Company shall not be obligated to indemnify,' defend or hold the Town harmless to the extent any claim, demand or lien arises out of 14 • • • or in connection with any negligent act or failure to act of the Town ar any of its officers or employees. ~8 .2 Pavment of ExnensP~ „~nr_,~xrrer~_ ~ Town ~ n Relation to Ordinance. At the Town's option, the Company shall pay in advance or reimburse the Town for expenses incurred in publication of notices and ordinances and for photocopying of documents arising out of the negotiations or process for obtaining the franchise. ARTICLE 9 TRANSFER OF FRANCHISE X9.1 Consent of Town Required. The C~.«~any shall not transfer or assign any rights under this franchise to a third party excepting only corporate reorganizations of the Company not including a third party, unless the Town Council shall approve in writing such trans- fer ar assignment. Approval of the transfer or assignment shall not be unreasonably withheld. §9.2 Transfer Fee. zn order that the Town may share in the value this franchise adds to the C~L«Nany's operation, any such transfer or assignment of rights under this franchise requiring the approval of the Town Council shall be subject to the conditions' that the transferee shall promptly pay to the Town of Vail a pro rata share of one million dollars, which pro rata amount of one million 1.5 ~: _f ~~ dollars shall be calculated by multiplying one million dollars times a fraction of which the then population a£ the Town of Vail is the numerator and the then population of the City and County of Denver is the denominator. Such transfer fee shall not be recovered from the Town or from the Town residents or property owners through gas rates of customers in the Town of Vail or by surcharge by the transferee or the Company. ARTICLE 10 PURCHASE OR CONDEMNATION §10.1 Town's Ricrht to Purchase or Condemn. The right of the Tawas to construct, purchase or condemn any public utility works or ways, and the rights of the Company in connection therewith, as provided by .the Colorado Constitution and statutes, are hereby expressly reserved. §10.2 Continued Coor~eration by C~~«~,anv. In the event the Town exercises its option to purchase or condemn, the Company agrees that, at the Town's request, it will continue to supply any service it supplies under this franchise, for the duration of the term of this franchise pursuant to terms and conditions negotiated for such continued operation. 16 • • • X10.3 Riaht of First Purchase. In the event the Company at any tame during the term of this franchise proposes to sell or dispose of any of its real property located within the Town., it shall grant to the Town the right of first purchase of same. The Company sha11 obtain a qualified appraisal on any such property and the Town shall have sixty days in which to exercise the right of first purchase by giving written notice to the Company. Should the Town not provide the required written notice, the Company may proceed to negotiate with others for the sale of such property provided that the Company may rant sell such property for an amount less than 90 percent of the appraised value without first providing the Town with an opportunity to purchase such property at such lesser price, in which event the Town must notify the Company in writing within 30 days if it wishes to purchase such property. It is understood that nothing in this paragraph shall preclude the Company from transferring real property to a subsidiary or affiliate without first according the Town the rights referred to above, provided, that if the transferee proposes to sell or dispose of such property within one year, it ,shall not do so without first affording the Town the rights referred to above. 17 • • • ARTICLE ZJ. REMOVAL OF COMPANY FACILITIES AT EN.~ OF FRANCHISE X11.1 I~i.mitations on Company Removal. In the event this franchise is not renewed at the expiration of its term or the Company terminates any service provided herein far any reason whatsoever, and the Town has not purchased or condemned the system and has not provided far alternative service, the Company shall. have na right to remove said system pending resolution of the disposition of the system. The Company further agrees it will. not withhold any temporary services necessary to protect the public and shall be entitled only to monetary compensation in no greater amount than it would have been entitled to were such services provided during the term of this Franchise. Only upon receipt of written notice from the Town stating that the Town has adequate alternative gas energy sources to provide for the people of the Town shall the Company be entitled to remove any ar al.l of said systems in use under the terms of this franchise. ARTICLE Y2 TRANSPORTATION OF GAS §1.2.1. Transportation of Gas. The Town expressly reserves the xight to obtain ar produce gas. The Company shall transport natural gas purchased by the Town for use in Town facilities 18 • • • pursuant to separate contracts with the Town. The Company agrees to transport gas made available far sale on terms and conditions comparable to other cantracts entered into contemporaneously by the Company with similarly situated customers. ARTICLE 13 FORFEITURE §13.1 Forfeiture. Both the Company and the Town recognize there may be circumstances whereby compliance with the provisions of this franchise is impassible or is delayed because of circumstances beyond the Company's control. In those instances, the Company shall use its best efforts to comply in a timely manner and to the extent possible. If the Company fails to perform any of the terms and conditions of this franchise and such failure is within the Company's control, the Town, acting by and through its Council, may determine, after hearing, that such failure is of a substantial nature. Upon receiving notice of such determination, the Company shall have a reasonable time in which to remedy the violations. If during said reasonable time corrective actions have not been successfully taken, the Town, acting by and thraugh its Council, shall determine whether any or all rights and privileges granted the Company under this- ordinance shall be forfeited. 19 • • • §1.3.2 Judicial Review. Any such declaration of forfeiture shall be subject to judicial review as provided by law. §13.3 Other Lecral Remedies, Nothing herein contained shall limit or restrict any legal rights that the Town or the Company may possess arising from any alleged violation of this franchise, §13.4 Continued Obliaatiozas. Upon forfeiture, the Company shall continue to provide service to the Town and its residents in accordance with the terms hereof until the Town makes alternative arraza.gements fnr such service . If the Company fails to provide continued service, it shall be liable for damages to the Town, ARTICLE 34 AMENDMENTS §14.1. Amendments to Franchise. At any time during the term of this franchise, the Town, through its Town Council, or the C~.«~,any may propose amendments to this franchise by giving 3Q days' written notice to the other of the proposed amendments} desired and both parties thereafter, through their designated representatives, will negotiate within a reasonable time in good faith in an effort to agree on mutually satisfactory amendment (s}. The word "amendment" as used in this Section does not include a change authorized in Section 3.3. 20 V' ; .. ~S~t •.3'.r J • • ARTICLE 15 MISCELLANEOUS §1.5.1 Successors and Assigns. The rights, privileges, franchises and obligations granted and contained in this ordinance shall inure to the benefit of and be binding upon Public Service Company, its successors and assigns. X15.2 Third Parties. Nothing contained in this franchise shall be construed to provide rights to third parties. X15.3 Representatives. Both parties sha11 designate from time to time in writing representatives for the Company and the Town who will be the persons to whom notices sha11 be sent regarding any action to be taken under this ordinance. Notice shall be in writing and forwarded by certified mail or hand delivery to the persons and addresses as hereinafter stated, unless the persons and addresses are changed at the written request of either party, delivered in person or by certified mail. Until any such change shall hereafter be made, notices shall be sent to the Town and to the Company's Mountain Division Manager. Currently the addresses are as follows. 21 sl • ~ ~ 1 For the Town of Vail: Town Manager, Town of Vail 75 S. Frontage Road Vail, Colorado 81557- For the Company: Mountain Division Manager Summit County Operations Center P.O. Box x89 Silverthorne, Colorado 80425 X15.4 Severability. Should any one or more provisions of this franchise be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a term that will achieve the or~.ginal intent of the parties hereunder. §25.5 Entire Acxreemen.t. This franchise constitutes the entire agreement of the parties. There have been no representations made other than those contained in this franchise. ARTICLE ~.6 APPROVAL X16.1 Council Annroval. This grant of franchise shall not become effective unless approved by a majority vote of the Town CaunGil, 22 • • • X15.2 Comnanv A~anroval. The C~~«~.any shall file with the Tawas Clerk its written acceptance of this franchise and of all of its terms and provisions within ten days after the adoption of this franchise by the Tawas Council. The acceptance shall be in form anal content approved by the Tawas Attorney. xf the Company shall fail to timely file its written. acceptance as herein provided, this franchise shall be. and become null. and void. INTRODUCED, READ AND ORDERED PUBLISHED this 2noC day of ~I7,+-F.~dZ.~2f~~. Z 9 9 3 . PASSED, ADOPTED AND APPROVED this /~~h day of ~-~U7tF.r~t.ar~C , 1993. ~z~ Mayor T T: 4ZCyop`~7~L'ic~h~lrn . Town Clerk APPROVED AS TO FORM: / ~~~ /Town Attorney Publication Dates: ~1v~ ~ ~, i99~ First Pub~.ication ~/rru~rn ~P1r / 9, /99~ Second Publication 36b78 { 23 TON~F VAIL GAS FRANCHISE CALENDAR r (Newspaper - Vail Trail - Published Friday} {Council. Meetings - 1st and 3rd Tuesdays at 7:30 p.m.) ERPLANATION OF EVENT First council Meeting Introduce and read the proposed ordinance. November 2, 1993 {Charter, Section 4.10(a){b}} (Tuesday) The Council shall order the Notice of Public Hearing and the proposed ordinance published. Council shall set a day, hour, and place for public hearing to be included in said notice. {Charter, Section 4.10(d}} November 18, 1.993 Submit Notice of Public Hearing and the proposed (Thursday) ordinance to the Vail Trail for publication on November 26, 1993. November 26, 1993 Publish the Notice of Public Hearing and the (Friday) proposed ordinance in full. Obtain two sets of Affidavits of Publication. File one with the Town and retain the other for the Company file. {Charter, Section 4.10(d}} Second Council Meeting Introduce, read and adopt the ordinance. December 7, 1993 Adoption shall require the affirmative vote of (Tuesday) the.majarity of the entire Council. {Not earlier than seven {Charter, Sections 4.7 and 4.10(e}} (7) days after first publication} December 9, 1993 Present the Ordinance to the Mayor for signature (Thursday) approving the Ordinance. NOTIFY THE FRANCHISE AND CONTRACT IINIT ON 294-2175 OR 294-2553 OF ADOPTION. SEND AN ORIGINAL, SIGNED COPY OF THE ORDINANCE TO THE FRANCHISE AND CONTRACT UNIT, SOITE 10x0, SSP. AS SOON AS POSSIBLE Ordinance shall be numbered and recorded in a AFTER ADOPTION book kept for that purpose. Adoption and publication shall be_authenticated by signatures of the Mayor and Town Clerk and by certificate of publication. {Charter, Section 4.14}1~ Present to the Clerk for ~gnature the Certificate and Attestation as to Introduction, Reading, Publication, Passage and Signature by Mayor. {C.R.S. 31-32-103} December 1.1993 Submit the dinance and the Certifica! as to ~ (Friday) Introducti Reading, Publication, Passage and Signature by Mayor to the Vail Trail for publication on December 24, 1993. ON OR BEFORE December 17, 1993 File Acceptance with Town Clerk. (Friday) {Colorado PUC Rules of Practice and Procedure, Rule 55(c)(14)} December 24, 1993 Publish the Ordinance and the Certificate as to (Friday} Introduction, Reading, Publication, Passage and Signature by Mayor. Publication following adoption shall be in full or by title as the Council may determine. Obtain two copies of the affidavit of publication. File one with the City and retain the other for the Company file. {Charter, Section 4.10 (f) and (g)} AS SOON AS POSSIBLE AFTER Present to the Clerk for signature the SECOND CDUNCIL MEETING Certificate of Clerk as to Transcript of All Proceedings. Send one original set of Acceptance, all affidavits and additional documents to the Franchise and Contract Unit to begin processing the Application for a Certificate of Public Convenience and Necessity. February 1, 1994 FRANCHISE ORDINANCE EFFECTIVE DATE (Tuesday} March 1, 1994 (approx.) FILE APPLICATION FOR CPCN WITH THE COLORADO PUC (Tuesday} April 1, 1994 (approx.) CPCN EFFECTIVE IIPON PIIC APPROVAL (Friday} 2 pROCEEDINGB OF THE COIINCIL OF THE TOWN OF VAIL, COLORADO ON NOVEKBER 2, 3.993 The Town Council of the Town of Vail, Eagle County, Colorado, met in session at a regular meeting on November 2, 1993 at 7:30 p.m. in said Municipality. Present: Mayor ! Q!'pQ.n?~, R• QS~~r~pSS and ,t3o6 ~uc~E'(~a~ IPob LeV~2~~ ~r]eru ,L.Lt Din , Thomas cS~cn 6er~ . S ' ~ ~ Tr r~ ,C'l~p,r,~r and Tawn Clerk; /WJLLC./ ~7~~r~~a/~ Absent: AI /f~ Public Service Company of Colorado, acting by Ron Carpenter, its Mountain South District Manager, then requested the Council to introduce a proposed ordinance granting a franchise by the Town of Vail, entitled. AN ORDINANCE GRANTING A FRANCHISE BX THE TOWN OF VAIL TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO FURNISH, SELL AND DISTRIBUTE GAS TO THE TOWN AND TO ALL PERSONS, BUSINESSES, AND INDUSTRY WITHIN THE TOWN AND THE RIGHT TO ACQUIRE, CONSTRUCT,, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH SAID TOWN ALL FACILITIES REASONABLY NECESSARY TO rurcNISH, SELL AND DISTRIBUTE GAS WITHIN THE TOWN AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND OTHER PUBLIC PLACES AND PUBLIC EASEMENTS AS HEREIN DEFINED AS MAY BE NECESSARY; AND FIXING THE TERMS AND CONDITIONS THEREOF. It appearing that all necessary steps had been taken to enable the municipality to permit the ordinance applied for to be introduced and read far the first time at this meeting, the Mayor directed the Town Clerk to read the proposed ordinance to the Council. and after the same had been read it was moved by Jim ~`~/~150/Z , seconded by ,C~Db ~L1~.'/e~D that .the proposed ordinance be passed on first reading and that this Council desired to further consider the granting of the rights and privileges sought for in said proposed ordinance and that copies of said proposed ordinance and • • ~ a NOTICE OF PUBLIC HEARING OF ORDINANCE GRANTING A GAS FRANCHISE TO PUBLIC SERVICE COMPANY OF COLDRADO be published in the Vail Trail, until the time such ordinance is again read and put upon its passage at a meeting of the Town Council to be held on the ~~ day of AIoU~, 1993 . The question, of passage on first reading of the ordinance, being out to vote, ~r prr°~ A Dsfe~~oss . ~od ~r~c~kCec_i . Roa ~ev~~~ voted yes, and ~rn ~i.6sAn ~-~ , Trrn Shearer ~er~ tlbSerz~- and the ordinance was duly passed on first reading, ` Town Clerk • • • NOTICE OF PIIBLIC HEARING OF ORDINANCE GRAN'.~'ING A GAS FRANCHISE TO PIIBLIC SERVICE COMPANY OF COLORADO PUBLIC NOTICE IS HEREBY GIVEN that at a meeting of the Tawn Council of the Town of Vail, Eagle County, Colorado, at 7:30 p.m. in said Mouern ber /~a, i943 Municipality held on ~...,~~~.~,~.~ ~, I~~3, an ordinance of said Town of Vail, granting a gas franchise to Public Service Company of Colorado, entitled: AN ORDINANCE GRANTING A FRANCHISE BY THE TOWN OF VAIL TO PUBLIC SERVICE COMPANY OF COLORADO, TTS SUCCESSORS AND ASSIGNS, TH£ RIGHT TO FURNISH, SELL AND DISTRIBUTE GAS TO THE TOWN AND TO ALL PERSONS, BUSINESSES, ,AND INDUSTRY WITHIN THE TOWN AND THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH SAID TOWN ALL FACILITIES ~tEASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE GAS WITHIN THE TOWN AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND OTHER PUBLIC PLACES AND PUBLIC EASEMENTS AS HEREIN DEFINED AS MAY BE NECESSARY; AND FIXING THE TERMS AND CONDITIONS THEREOF. will come before the Town Council of the Town of Vail for public hearing as to its adoption and passage, as provided by law. Said ordinance was introduced and read far the first time at the regular meeting of said Town Council held on November 2, I993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Municipal Seal this ZnoL day of ~~UE'rn~JE'r 2993. Town Clerk ~~~.~ • ~: FRpCEEDINGB 0?r' TFIE COUNCIL OF' arnr; . T[~WN OF VAILr OGLE CO~,s~~Y~ COLORAI}O HELD QN NOVEM$ER 2.6, I993 The Town Council df the Town of Vail, Eag~,e CauTity, Colorado, ntet iTt session at a regular meeting on November 16, 1993 at 7;30 p.m. in said Municipality. Present : Mayor r~~rZ°~ ~'~7~C and ~t L~tain tom ~~e~nl~r9. 1~n6 ,(~~~ne . Tab T~~~kleu ~ ~m ~Sl~nr~r r~:~! ~~%rr~r ~~~s~ , and ~rcQnfl~P ~e7~. "" /~ its Town Clerk) Q~frn J Absent: ~Vc~ Qne.,,. The Town Clerk preseritad to the Council the affidav~.t of the editor and/or publisher of the Vag ~ Trail as to publicatz.vn ~vf the NOTICE CAF PUT3LIC HEARING QF ORDINANCE GRANTING A GAS FRANCHISE T4 PiiBi,IC SERVICE CQMPANY~O~' COLORADO and as to pub~.~.cation of the proposed ordinance, ent~.tled: AN ORDINANCE GRANTING A FRANCHISE BY 1'~iE TQWN C1F VAZL TQ - PUB~,rC SERVZeE COMPA~'~Y OF COLORADQ, ITS SUCCE&S4RS AND ASSIGNS, T~iE RIGHT TO FURNISH, SELL AND DISTRIBUTE GA5 TQ THE TOWN AND TQ ALL PERSnx5, BU52NESSES, AND INDUSTRY WITHIN THE TOWN ANb THE RIGHT TO ACQUIRE, CONSTRUCT, SNSTALL, LOCA'T'E, MAINTAIN, OPERATE AND E;~TEND ZNT4, WITHIN AND THROUGH SAID TaWIJ ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE GAS WITHIN THE TOWN AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND C]THER PUBLIC PLACES AND PUBLIC EASEMEN`T'S AS HEREIN DEFINED AS MAY BE NECESSARY; AND FIxING '.~'tt~ TE~2M5 AND CONF3I'FIONS THEREOF Said affidavit indicated that said notice and said proposed ordinance were published in tha entire and regular issues of the Vail Trail, on November 5, 1993, which affidavit of publication was ordered made a part raf the records of the Town Council. Saa.d NOTICE QF PUBLIC HEARING OF ORDINANCE GR-ANTING A GAS FRANCHISE To ]PVBLIC sERVZCE COMPANY OF Gt~LORADQ states that the proposed ordinance had been introduced and read for the. first time at the regular meeti.rig of the. Gvurlc~.1. held an November 2, x.993 and that at a meeting of the Council an i ~ ~ ! ~ November Z6, 1993, such proposed ardinance would come befar~: the Council for GQI~s~,deration by it as to its adopta.on and passage as provided by law. Said proposed ordinance granting tv Public Service Company of Colorado said franchise was thereupon put upon its final passage. The Mayor directed the Town Clerk to introduce and again read the proposed ordinance to the council and after the saYne had been read for the second and final t~.me, it was moved by ~a Le~~~ne , secanded by ~m cSME'Q.rEll that such proposed ordinance be new passed and adapted as an ordinance of the Mun.ic~.pality. The yes and no votes Yaezng called, the following voted yes, -{~, ~Sfr°r~n~.5 ~"?Pr~ Ln~rCnfern hPr~_ f~,~~ ,~eUi~P , ~~ ~T~LCL' I~~ kri r» i ~•~i ~rlr~n N ~ T/1'1 ~~~2.~~ and the fal~.owing voted no, ~o Dne. < ~t appearing that a majority of a~.l the Caun~il nielnbers voted yes, Said ord~.nance was declared passed and adopted by the fiowri Council of the Tawas of Vail and was numbered as Crdinance No. 29 , Series d ~ 1493 ~rn S~ecrt.ber9 member of the Counca.l, directed that the ordinance which had just been passed, upon its signiricg by the Mayor, be recorded in the t~rd.inance ~aok and authenticated• in such book by the signatures of the Mayor and Town Clerk, and that the Tnwn Clerk issue a certificate as to the proper introduction, reading, pub~.icatiori, passage and signature of said ordinance, ~.T~d that said ordinance be pub~.~.shed in the Vail Tra~.l an November 19, x.993. `rr)~ ~.~.cfch.~.ox_. Town clerk r: • ~ • NDTICE Off' F'TNAL PUBLICATION ORDINANCE NO. 29 . Series of 1993 The above Ordinance entitled: AN ORDINANCE GRANTING A FRANCHISE BY THE TOWN OF VAIL TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO FURNISH, SELL AND DISTRIBUTE GAS TO THE TOWN AND TO ALL PERSONS, BUSINESSES, AND INDUSTRY WITHIN THE TOWN AND THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH SAID TOWN ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE GAS WITHIN THE TOWN AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND OTHER PUBLIC PLACES AND PUBLIC EASEMENTS AS HEREIN DEFINED A5 MAY BE NECESSARY; AND FIXING THE TERMS AND CONDITIONS THEREOF. provides for a grant of franchise by the Town of Vail to Public Service company, for the period specified in and subject to the conditions, terms and provisions contained in the franchise, anon-exclusive right to furnish, sell and distribute gas to the Town and to a7.1 residents of the Town. Subject to the conditions, terms and provisions contained in the franchise, the Tawn also grants to the Company a non-exclusive right to acquire, construct, install, locate, maintain, operate and extend into, within and through the Town all facilities reasonably necessary to furnish, sell and distribute gas within and through the Town and a non-exclusive right to make reasonable use of the streets and other public places as may be necessary to carry out the terms of the franchise. These rights extend to all areas of the Town as it is now constituted and to additional. areas as the Town may increase in size by annexata.on or otherwise. Copies of this Ordinance are available for public inspection and acquisition in the office of the Clerk. Ha11y ~. ci;utcheon,Town Clerk • • • CERTIFICATE OF CLERK AS TO INTRODUCTION, READING PUBLICATION, PASSAGE AND SIGNATURE BY MAYOR of oRDlxAxcE xo. 2g. SERIES QE 1993 I, HaTTv L. McCutcheor~ the duly qualified and acting Tawn Clerk of the Town of Vail, Eagle County, Colorado, certify that the annexed ordinance No. 2g of said Municipality granting to Public service Company of Colorado a franchise for the purpose therein mentioned was, introduced and read and passed on first reading at the regular meeting of the Tawn Council of said Municipality, held on November 2, 1993. That thereafter said Ordinance No. 29 , as introduced and read, after having been published in full in the Vail Trail, on ~'~15~(X~~~X9;~, November 5,.1993, prior to the tune when such ordinance was to be again read, was again read at a meeting of the Town Council of said Municipality on ~~atX~~XX~(~~, and ovember T6, 1993 after so being read was by a majority vote of all the Council members of said Municipality by yes and no vote, regularly passed and adopted as ordinance No,~ 2g , That after said ordinance was passed and adopted by the Town Council of said Municipality, it was presented to Margaret A. Osterfoss , the Mayor of said Municipality, and was immediately signed by the Mayor and attested by me as Town Clerk under the Seal of the Municipality. IN WITNESS WHEREOF', I have hereunto set my hand and affixed the Seal of the Town of Vail, Eagle County, Colorado, on l1~r37.'~Ia~ ~h J ~, / 4 4 ~ lc,l c~'`~7 ~~cC~~" HoTTy L. McC~tcheon, Town Clerk S'`~ ,,, • • i CERTIFICATE Off' CLERK AS TO TRANSCRIPT OF ALL PRQCEEDINGS I, Ho17v L. McCutcheon , the duly qualified and acting Town Clerk of the Tnwn of Vail, certify that the foregoing transcript of all proceedings relative to the passage and adoption of ordinance No. 29 of the Town of Vail, Eagle County, Colorado, is a full, true and correct copy and transcript of all affidavits and other papers on file in my office and a full, true and correct copy and transcript of all minutes and records of said Municipality relative thereto: ].. ProceedingsjMinutes of the Town Council of said Municipality dated November 2, 1993, relative thereto; 2. Affidavit of the editor and/or publisher of the Vail Trail, as to publication of the attached NOTICE OF PUBLIC FLARING OF ORDINANCE GRANTING A GAS FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO and as to publication in full of the proposed franchise on ~~il6X.~3 ~~X3; ovem er , 3. Proceedings/Minutes of the Town Council of said Municipality dated ~~~,~Y~~XX~fXXXIXd~~~ relative thereto; oven er 16; 1993 ' 4. signed copy of Ordinance No. 29 attested by myself as Town Clerk.; 5. CERTIFICATE OF CLERK AS TO INTRODUCTION, READING, PUBLICATION, PASSAGE AND SIGNATURE BY MAYOR OF DRDTNANCE N0. 29 ; 6. Affidavit of the editor and/or publisher of the Vail Trail, as to publication of Ordinance No. 29 with certificate of myself as Town Clerk as to passage and signing by Mayor attached thereto an X~(~4#~(X, Novem~r. 19, 199 ~~~3 ; 7. CERTIFICATE OF CLERK AS TO RECORDING AND AUTHENTICATING OF ORDINANCE NO. 29 ; f..:~i: ' ~ 8. Acceptance by Public Service Company of Colorado of Ordinance NQ • „~9 as of _Hn~ 1 u E Mrf'i~trhPnn Town Clerk. IN WITNESS WHEREOF, I have affixed my hand at the Town of Vail, Co~.orada, this I7~.f2_ day of 11-f~vL I994, and attested the same with the Seal of said Municipality. ~;r , ~ ~~~ Holy L. cl:utcheon, Town Clerk . ~~ ~ ~ r :s ' CERTIFICATE OF CLERA AS TO RECORDING AND Ai1'TSENTICATING OF ORDINANCE N0. 23, SERIFS OF 1993 1', NoT 1 v L. McCutcheon the duly qualified and acting Town Clerk of the Town of Vail, Eagle County, Colorado, certify that an /tfdZt217L~1Qk / ~, / ~9' ~- I did cause to be recorded in the Ordinance Book of the Town of Vail, Ordinance No. ~g granting Public Service Company cf Colorado a gas franchise as signed by Mara~rPf- A. (]Sfiar~'nc~ Mayor, and attested by me as Town Clerk, under the Seal of the Municipality, which Ordinance so signed and attested and recorded in the Ordinance Book was authenticated in the Ordinance Book by the signature of the Mayor and of myself as Town Clerk of said Municipality under the Seal thereof. 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Vf O ~ ~ ~ ~ 2 ~ mmOVymyV~~~ca~y8~~~rz~z~Q¢~ as;~mgm 1f ~~~ ~ ~~.~ym~~~pZ0~?rZ"z~~2~jO~~~p9~~a tS d",~•C i . ,.,,={.;;e~;~3x~~ "~ ~~~t3..;'~~ ~, Oda ~ z a~~ zo ~~ o a ~.~ a w raw r~~ ~. $ mom ~''~O ~-~.I ~n~~~q ~~~ ~9.m p ~~p 5 1"' ' ~; y~'~, fife --i>~7W7~m~~rt~~m~ ~cnm'. n~u w~}~p0~~~~ 3 .~ .~~. ~~~1R-n1 -i "'~ Grp ~~ll~Vi ~~ 9t~ ~ Z ~ C/ ~~~ ~ Om~~ ~ x m Y' ~y;~ ~^ r~~S.~'i ~3 ~mfm/lo~wO~Q~p~O~~fn~ °.i $ ~~m ' ~' n ~ O m z o T O n ~ D O Z ~ O Z m O ~ " ~. ~ Q 0 n c~ 7 Q 3 c~ c r to 2 m .mil C n ~_ Z n 7 o' cD x (fl -~ • C? 0 o ~ a 6 o ~ Q ~~ r~" 1 ~ ,a o ~ ~ -~ -~' o ° -~ a' O Z~ ~Q ~~ 0 0 c Q ~~ ~~ ~ ~~ ~1' Q m Q 0 -h ,o W~ 1 y~ N c~ m 0 Q m ro C 0 Q ~. ~- O ~ o ~ ~ a ~~ a ~ ~ -~ ~ ~ a Q ~, ~ ~ ~~ o ~ _ ~ 4 Q O. ~ ~ ~ Q • o ~ a O n a G a m Q Q (~ a a ~ ~~ Q ~~ S c~ fl . a ~o ~ ~p \?~ _+: O 0 Q Q 0 n fU Q m c m p tab N ~ a a Qom o ~ o m m ~ ~ m ~ ° ~ ~ ~ ~ ~ o ~. ~ ~ C m ~ ^'-- Q O ~ a y m ~_ ~ o ~ ~ ~ ~ cD tD Q ~ ~ ~ ~ ~ ~ ~ a a m ~ ~ ~ Q ~ m m ~ ~ a :~ m ~ ~ a ~ ~ N m ~ 3 `~ N ~° ~ ~ O ~ (~ ~ f ~ H Q -•* tU a Q~ ~g o ~; o ~ a~ o Q' (R to Q 0 n a fl a m m N z Z 0 0 CCJf C Q ~. (D v c W m a 0 ~ F na Y qi.: .>~ ~pme~ n~ ~ .~ S~ N . S• M: ~ 4 ~ ~m~g~ •f ~ a '~.~. ~ ~ O ~ ~ ~;~C ~m ~~~~~, ~~~r. ~~ ~R ~~;Oa-iwaw~nawmwmmt~m z,, ga~n~-i'~snr~rAp~~'~'yyo~NZ~zr"am~sx ~~~`~' ~(nW~O=ypCpy2 ..1N pm0 ~. .., ~IIjCCPN Z,-10 fA.2 ~a0y~ ~~'xC s~aa Nxoa~nwxa a~~ ~~`; ~XOm mam0z~~ a=r~~ ~1~wiw^. z-3 ova mp~ ;. mtn~'a-ia'~a csoaaNa~a Z ;,, ~izy~~~b= ~H~nsy' vo~ ri~ 0 ~. ~"y'"n a to E e_ n~" ~ N~~+ /n/om~ a'~ •~m:^cmma~~v~~^my00~'m~n ~,r. • O Z m ~ O T 0 0 ~ O m ~ v vO O O O C W Z c Notice NAHC> rlo. ~ AES OF 1905 ' 1PRIATiON ORDINANCE: UET ANR gNANClAL PLAN IPROPRIATtONB TO pAY 'ENSES, AND LIABILITIES F VAIL, COLORADO, FOR AR JANUARY 1, 1004, EMBER 91, 1994, AND THE LEVY ASSESSMENT 1 OF 7aWN AB VALOREM 9 DVE FOR THE 1003 TAfI BLE IN THE 19tI{ ABGAL arxwrdanoe wNh Arllde IX d Town of Vali, Cohtado, the pared and submitted to the rapaead bng•range capkat n acrd a propaaed budg9et and Town funds and aalvAias for and lice of puWb hearing on the ~gs1 and oephal program wru h day d t7claber, 1990, mars odor b the hsarktp held on the 1093, pursuant to Sadbn 9.6 Is neeeeeavy for Iha Town xlgd end lbarrdat plan far the make approprkalbns for the the budget, and to provide for nt end coneclbn d Town ad five due for the 7993 year and ~ 1~. ORE, BE IT ORDAINED BY NGiL OF THE TOWN OF THAT: preeabed in Anbb IX d Iha m d Vail, Coorado, far the vebeen ftrllkhd. rtbte IX d the Charier, the ry mteked iha fvibwing annual N Town d Vail, Colorado, ivf Ing ort the first dory d January. n Iha 3161 day d Deoemerer, 611!?uMi 614,164,808 1 e,970,594 r Tax 2,tr28,625 Ind 2,033,788 Ind 1,523,391 238.635 3,129,ste ~d 912JI80 809.601 srvbe Fund 41,058 30,000 32,21[),332 stars: ~ 62GStk1,50r3 nck hereby arlopta the fuA and rd F(nanFlal Plan for the 1994 'own d Pall, Colorado, whk;h xrltrrenw lrerakr and made part d saki publb retards aheli be Ipt>blbin the Muntdpal B[dtding ee of defraying part of the ! eolpenaae d the Town d VaN, s 1993 IlesaE year, the lawn sa a property tear d 6.19 mills Iha total assessed vaNatfon d a itI93 tax year d all taxable town. whkh wiH resuN In e 2,195,607. Sold aeseaemeM dad bit flu Calaad~o Revised ermsrrded}, and w dharwlaa shall take effect fHe (6) days sMtg 11re flnel passage hared. clbn, subseotbn, sentence, hk ordinaroa h ter erry reason rdt decklon sh111t not afka the liftg ponlan d thk ardkrance; $ itptaby dedares t would have nos, and each pad, aec[bn, oe, dauee ar phrase tharool, d tnu any one or nrora parts, one, serrtanae, clauses or InvaAd. ndl hereby finds, ddermk,ea, ale ordlnttrtos k rreoeseery and th, salary, and weHare d the r irrllsbktnl6 shared, he repeal and reenaclmarM d Munblpai Code d Iha Town d this ordlnautce shell not affea s ancwed, any duty inlikrsed, rGGr{red prior to the eMeaHa reaprtlort .. .. !.nor any eedYtga as . ., under xovisbn rs(»alsd~rx repealed repeal d any prvNaion hereby y prrwklon 1x any ordinance or ar .. , ~ , rd unless , ,,. ~ . y as, rasokRions, and ardbanoes, ~rlekterk llerawrth are repented of such IntortalNSrwy. Thk r oorwlrrrgd b reeks arty bylaw. 3r ordinance, ar part thereof, t, READ, ApPROVEp, AND ISHEp ONCE EN FULL ON tls 10th day d Oavber, 1903, shag bs held an this Ordk[atlos ovwr-ber, 1080, et 7~D P.m. b rs d Iha YaA Murridpal Bullding. TOWN DF VAIL Margud A.' Oeterfoss Ma}gr ArrEst: kioNy L. A4cC.Ltdteon Town Clark APPROVED ON 9ECONp iDEREt7 PUBLLRHEI) ONCE y d 1Vvvambar, 1[393. 70WN OF VAIL Public Notice ORDINANCE ND. 27 &ERIES OF 1999 AN ORDINANCE APpROVINQ A SPECIAL DEYELOpIt1ENT DISTRICT (KNOWN AS 80D N0.99, THE VAIL ATHLETIC CLUB) AHD THE DEYELOp1MENT PLAN IN ACCORDANCE WiTH CHAPTER 18.4[3 OF THE VAIL MUNIGiPAL CODE AHD 8ETTINfl FORTH DETAILS IN REflARD THERETa. WHEREAS, Chapter 18.40 pi the Vall Munldpal Code aWhvdzea Specal Development Dktrkle rMINn Iha TaMm; end WHEREAS, the developer, JWT11987 Vall Llmhed Patfiersha aka The Vall Athtelb Club, has aWxmined an ,:r,, ,..lsn for a Specal Development approval for a cenab parcel d property within the lawn knawr, es The VaIE Athlelb Club to ba known ae Spedal Developmnt Olelrla No. 30 ("SDD No. Saw}; and WHEREAS, the aatsbllehment of the requested SDO Hn. 30 will insure angled and rnddlnated devebpmers within the Town d VaA In a manner suitable for the area In which n Is sNrreled; and WHEREAS, the Planning and Environmental Cammiselon has .:........ended approval d Ihv proposed SDD;and WHEREAS, the Town Councn considers that It h reasonaby, $rproprlate, and berrellclal to Iha Town and he cNlzene, inhabNaMs, and vleNOre to esurbllSh such SDD f+b. 30. NOW, THERfFORf, BE IT ORDAINED BY THE TOWN COUNCIL OF THE 74WN OF VAIL, COLORADO, THAT: SECTION 1. Anrandmsnt Procedures FuAnled, Pknning Conxnleebn Report. Tire approval procedures preeabed b Chapter 10A0 d Iha Vdt Munfdpaf Coda have Been fuMllled, and Iha Town Coundl has receked iha report d the Planning and Ertvlronmental Conxnleslon recommending approval of the proposed devabpnenl plan for SDD fJo. 30. SECTION 2. Special Development District No. 30 Sbb No. 3D and the davelopmen! plan [nerefore, are hereby approved !or the redevelapmere d Toe VaA Athlelb Club. SECTION 3. Purpose SDD No, 30 Is establlehad to Insure txxrprehenalve development and ass d an area that wAl be harmankws wkh the general charaaer d the Town d VaA. The devebpnrent is regarded ae oorrpthrrentary b the Town by the Town tburrdl and meals the deelpn standards as eel fvnh In Sedbn 18.40 d the MuMciptd Code. Aa stated In Ihv s1aM msnterandum duel Septerttrer 27, 1983, there are algnNlcant aspects d SDD No. 30 whldr are diffbuk to arakly through the Nnposltbn d the standards of the Public Accommodulon zone dleGid. SDD No. 30 allows for greater ilexnrillty in Iha dvvel.. d the land Ihan vYOUId lxs poes6la under the current zoning d the property. Spp No. 30 provides an appropriate development plan that malntabe e,9 unique character d this eke end the aureteldbg area. SECTION 4, Development Plan A. The development plan Ior SDD No. 30 h appraVad and shall tbnatkute the plan for development wiiilin the 3pnciai imvaiopmian[ District. The development plan is canprlsed d those plane eubmined by the developer and oorlslsffi d the fdbwkg dvcun,ents: 1. Ska Plan by Michael Barclay, ArchNvct. dated September 24, 1993, (Shoe[ number 1}. 2, A survey completed by fnter•Mountain Eng' :: ,.dated June 9,1903. ' 3, Elevations by Mk:hael Barclay. Archhect, dared September 11, 1993 and September 27, 1993, {Shasta nuntrere 2 end 3), 4. Fluor plans by Michael Barcay; Ardtkect, dated September 11, 11193. (Sheet nutnbere 4, 5, 8, 7, a and 9). 5. Bullding Sactlona by Mchael Berelay, ArehNSCt, dalsd 8eptarrttsr 11, 1903 (Sheet number 10}. 8. Shadow 9tudba for September 21st and becernber 21st by Mbhad Barclay, Archhed; doled September 23,19tI3 {Sheet mxrber 11}. 7. Other general submittal docurrrents that deilrte Ehe deveiopmtent standards d the Spectral D6r:,; tDktrld. e. The de• :.. , plan ahe11 adhere to the Aarsege: 30,498 squarefeet 2. Pamtkted peas: a. J ... . , :,:flan Unb. b. DweAkg UrYts. a E i Houslr+p Unke. d. Fieallii Club. a. RaslaurantrRetalL 9. Acoeasory flees: ' Ali dher uses accessory or Incidental Eo the eAowed; The setbadra ahak be lhoee ekxrwn on the aAe P~• 6. peneNy: Approval d thh devebpment plan shall pennN ilhy.two {52) A.w. :atkxt Untie (AU), three (3) pvreMlrtg UnNa {pU) and lour (4} Typo IY Employee Hvuaing Unke. The davebper shall pemnanenty testrlcl Mrs proptraed 52 Rua as short•term rental unls artd the 52 Aus shell not be at ".: '1: ,1 et the future is allow for Individual arrnarehlp. The Condon1N11um Deduallens shall bs amended !o kttluds dtk pokrl before an txxxlprntty parmN w1A be released forthe pmJvn. & Bu9dittg NeIgM: Bulking height shall be an Indicated on Ihv t': ::, T. Parking: A minimum dtwenty-six {28) parking spaces she11 be provided whhln the existing parking etruclura. Tna devatoper anon pay Imo the patkfng Tund for an addhlonu three epacea per Section 19.62.190 of iha Vail Mun[cipal Code or eg amtended. WNh thk provlelon. the developer ehaA rerrgva Ihv two exleriw padchrg spaces adJaoenl to Ilw parkMtg sbuqure's entry and thk area shall by designated for badtng and delvery uea only. An adddbnal space within iha interbr d the parking un,aure ahaA ako be rermved iron the proposal. 9.GRFAIG, Area: The GRFA allowed shah be 32,282 square feat wNh 24,997 square feel fa A.,,, .:atlon Unna, 9,252 square teal for Dwrelfkrg Unka,1,383square feet [or E+rpbyee Housing Unite and a talu d 18,992 square het dedbaled far .. ~ . ..area 0. Skv coverage: The she coverage shall nd exceed 2f,350 square reef per the approved eke plan. 10.E „' , . ;Housing: n. ~_..~,~_. .t.l, ......Ll. ...... ,., T..wa e! permit wIH be released for the project. The p.„ -:.:: employee unNa shall provide housing fa a tdat d elx employees. Tha whits shalt meet the minimum standards as par Chapter 18.57 d the Town d VaA Munklpal Coda. 11. Landecapkrg: The area d the one to be landscaped shall be as Indicated on the landscape plan, A detailed landscape plan shah be submNted to the Design Review Beard for their approval. The developer shall pravlde a landscape plan to the t)RB and cantrbute a minimum d 62D,000.00 to Ehe design and redavelnpment d the landscape on the south side d the buitding between the building and the sueamwalk, Thls work Includes Improving and aAowing pubic aoceas through the prapemy via the exlelk,g bridge and path on the eoulhvreat corner d the building and removing the existing sod and rA9eeding the area wNh a natural grass seed m6r and poasbly adding addilbnal plandrrg. This area k Just south d the willows adjacent to the Vail Alhht•c Club and extends south to the urearrsvalk. The developxr shaA rtmkdain this area in perpeatRy. 12. Streatscaps: Ths developer shall Install a healed concrete paver walk and lighting per Ehe Town d Vail 3treeleceipe Plan along the parftneter d the VaN Alhlalb Club r ., tondnuklg aaurlt across abrp Vail Vapey Urlve across the Gore Creel[ Bridge as indkated on the site plan. In addNbn, the developer shelf pravfde a plan !o the Design 11evb-v Hoard for lhafr approval and cnrrpleta such improvements wkh the proJea to Improve the eignage, landscaping and general pedestrian character d East Meadow brlve err h Intereecte wkh the Blue Cow Chute partlculary the north aide d East Meadow DrHe. The obJecllve d this efion k to not only improve the pedestrian charaaar d tole area, but to also drier unneoaseary vehicular lraflb Irom entering East Meadow Dive. The d: :' ,, :: shaA aorxr6ule e minimum d Stoo,tl00.00 for the design and Installation of the ureuseape improvemeMS, Should the cost d Ehvse Improvemenla be In exrxtas vi 31DO,0ov.oo, the developer shall be respvnaibh for th6aa costa In their entirety, Stamped engineered drawinga ehaA be submkted for Ihese irrprovementa to the Town d Vall englneu for approval prbr to the release d any buikllrg pemrNa for the proJea. The developer anon maintain the sldewaAc, lighting and other atreetacape Imp ~ : ~ h in perpetuky. 13. Design Regi h: At Iha time of the DRB aubmlttat, the developer shall submit drawings with archNeduraE detalb d Iha bWkRng, SECTION 5. Amendments Amendments to the approved development plan whbh do nd Change he substance may Ire approved by the Planning and Environmental Cammisslon at a regulary scheduled ptbNc hearing in accordance wkh tare proviabns o! Seaton 18.88.080 ant 18.40.100. Amendments wNch do change the substarroe d the del :': r plan shall be requhed to be approved by Town CouncA after Ehe above procedure has been }oibwed. The Cammunkty Development Department shall ddermina whet canethutes a change In the eubatar,ce d the develaprrranl plan. SECTION 6. ExpkAforr The developer must bogie canatrudlon d Iha Spedal DeveloprrlenF t7iatrkt wfhln three (3) yeare from the time d Ns float approvai, and continue a3u~~.,t1; Y-ya..e .~...~~~~~n ..1 ~hn nr•>J~. The developer must meet the requ' . ~ '.: d 3eabn 18.40.120 d the Municipal Code d the Town d vacs. SECTION 7. Indetrxi9ra8on The developer agrees b kdertatTy, ddend and hold hamtlesa the Town d VaN, krdudbg altomey'e lase, in any cause d action «aufl whbh Jdns the Town d Vall eonceming the Issue d faking any part d any Indlvlduays view as a result ot_ this ~~SECTION a, h any pan, sectbn, subaectlon, sentence, dauee ar phrase d this ordinance h for arty reason hdd to be Invand, writ dedekon shall not affea Inv valklNy d the remabing porllone d this ordlrrenae; and Iha Town Caurrc9 harebydedarsa N would have passed ibis ordinance, and each part, sectbn, aubsealan, sentence, dauee or phrase Thared, regardless d the lacl that any one or mare parts, sedlnne, subeectlona, sentences. clauses or phrases be deckued invalid. SECTION 9. Tha repeal or the repeal and reanaartrenl d any provialrrns nl the Vui Municipal Cade as provided In tNa ordinance ahaM not affect any right whlth has aouued, arty day : , ..:.:1, any vblagon than occurred pritlr to the eNedHe data hereof, arty proseoulbn carmrtenced, nor any other action or pro.::.: ~~, as commenced under or try vktuv d the prr3vkidrt repealed a repeated and raenaaed. The repeal d any provielnn Hereby shall [tat revive arty i rvy~ ~a ~inpa~y s~ ~ repealed or 1NTRODUGED, READ, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READlHG this 191h day d Oaaber, 1993, and a pub9c nearing snail be hek on this Ordinance an the 2nd day d November. 1990, at 7:J0 p.m. b rite Cound Chambers d the VaA Munblpak Btilding, VaN, Coorado. TOWN OF VAIL Margud A. Osterfoas Mayor ATTEST: Horsy L. McGddrean Town Clerk READ ANO APPROVED ON SECOND READING AND ORDERED PUBLISHED ONCE IN FULL this 2nd day d Novetttrer, 1903. TOWN OF VAIL Margaret A. Oatedoss Mayor ATTEST: . Hdy L. McCutcheort Town Glark Pr6lkhed b Tna Van Trail on November 6,1093 Public Notice ORDINANCE N0.29 SERIES OF 1[703 AH ORDINANCE GRANTING A FRANCHISE BY THE TOwN pF VAIL TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIflNS, THE ptlflllT TO FURNISH, SELL AND DISTRIBUTE GAS TO THE TOWN AHD TO ALL PERSONS, OIIQI~rLQQCQ fun I~ITIIQTOV YHTIJY TIIC ra.nlwca nnv rOOS.n. FJI3EMENTS AS HEREIN DEFINED AS LIAY BE NECESSARY; ANI3 BRING THE TERIIiS AND CONOITION9 THEREOF, TABLE DF CONTENTS 1. DEFINITIONS 2. GRANT OF FRANCHISE 2.7 Grant d Franchise 2,2 Tarm d Frartclrlee 3, FRANCHISE FEE 3.1 F'ranchisa Fee 32 Payment Schedub 3.3 Change oT Franchise Fea and Other Franchise Terms 3.4 Franchise Fee Payment In Lieu of Other Fees 4. SUPPLY, CONSTRUCTION AND DESItlN 4.1 Supply d Gas 4.2 Restoration d Service 4.3 l7bliaubna Regazdlrg Conparry Facilides A.b Excavatbn ant Canstruabn 4.5 Rebcatbn d Company Fadntles 4.8 Servk:e to New Areas 4.7 town Nol Required to Advance Funds 4u9Techrldogbal'~.,„ ~ :.:a 5. COMPLIANCE 5.17awn t'3egubtbn 52 Canpfleutce YYxh Town Rsqulrenrsrss 5.3 Tvwn Review d Conatrualon and Design 5A Cattpl4vrce VCAh PUC Ftegulatkxrs 5.5 Compliance WNh Alr and Water Pollulfon Lags 5.8 Irnpvrlbn 8. PUBLIC UTILITIES COMMISSION 6,7 Public U111NIee Comnissbn Regulatbn 7. REPORTS TO TOWN 7.1 Reports on Carrpany Operetbna 7.2 Copies d retitle, All PUC FNtnge 8. INDEMNIFICATION OF 7HE TOYYN 9.7 Town Held Harmless 8.2 Payment d Expenses Incurred by Tawn in Ralazbn ro Ordktartoe 9, TRANSFER OF FRANCHISE 9.1 Canaent d Town Required 92 Transfer Fee 10. PURCHASE OR CONDEMNATION 10.1 Towns Right b Purchase a Candann 102, CorAinued Cooperatbn by Company 10.3 Right d First Purchase 11. REMOVAL OF COMPANY FACILITIES AT END OF FRANCHISE 11.1 LkHtalbna dr Carrpany Rerrrovpl 12. TRANSPORTATION OF GAS 12.1 Tranaporlatfan d Gas 13. FORFEITURE 13.1 Fafekure 132Judirfai Review 13.30drer Legal Remedies 13A CaxWued t7bllgetlor,s 14. AMENDMENTS 14.1 AmendmerASto Franchise 15. MfSCfLLAi4E0US 15.1 Suooessore and A,aelgns 15.2 Third Panbs 15.3 Reprasentaltves 15.4 SeveraW9ty 15.5 Enike AgraemerM 18. APPROVAL 16.1 Cound ApprovN [ 82 Cwrparry Approval BE tT OROAiNED BY THE TOWN OOVNCIL nm ~ruF Tntur, nc.ve,u.. am naAUO: ARTICLE t DEFEfAT10f48 §1.0 For the purpose of this franchise, the following words and phrases shall have the rrrearrlrg gllren b this ardde. YYhan trot irlconeisterx wkh the context, words used h the present lanes Include the future lertea, worts kn the pNxat rsrrrbar bdude the singular number, and wards In the aingular number lrxitrde the pkxel ra,rrber. The word'shatC is mandatory and "may' h permisahrv. Words nd del fined in this artbie sha11 be gHen thek .. . n and Ordtrrary rrearlkrg, 1.4 'Company" rulers to and h Pubsc Sonrkxa Conpany d Colorado, and Bs wccasanra and assigns, but dare oat induda Ns all0ktes, eubeldkrles a any other snthy In whkfi h has an ownership Interest. 12 ~CaunclF a "7own Courrc{I" reiere W and k the fegfslatNe tardy d the Town. 1.3 ^pktdbutlon Fadlhba" triers to end le only that pvnbn d the Companys pas system whkh delivers gas Irom the down side d the regulator station to the point-d-delivery d the aatomar, Induding a1E devices conrteaed to that system. iA'Fadlkles' racer to and are all facllNles reasonably necessary Eo provide gas into, within and through the Tarm and Include plants, works, systems, lines, equipment. ptpae, rnalns, gee oorrpressore and meters. , 1.5 wGas" or "Natural Gaa" refers to and k such gaseous hrele as nuuru, arlMidal, eynlhetb, Aquerled natural, Bqudled . , ... utl trelwlagrxed, a any mixture thered. 1.8'Publb Easements" refer to and are public arxl dadbated ea9emenh seated and avaNabhfor use by Investor-owned, or dher pudic dllkles for their tadlNles. 1.7 "Pub11o Uillkies Corttmissbn' or 'PUC refers to and k the Publb 11t9kivs Cammisabn d the State d Cobradv or other autharNy auoceeding to the regulatory powers d the PuWb Ckilklee Conrrrieabn. L6 "Realdenle" triers to and Includes ail pereana, bualneeaee, Industry, governmental agencies, and any other ent8y whatsaevar, presently located or to be herelnailar bated, In whole or in part, within iha lerrllvrkal boundaries d the Town. 1.9'Revenuee' refer to and are those amounts d money which Iha company reoekes from ne customers whhin the Tvwn from the eels d gee under rates authorized by Ihv Public Utilklee C.. '...,bn es weA u from the traneportatbn d gas to Its customers wfthln the Town and represents amounts Wiled under each rates as adJuated for refunds, the oat wrhe-off of unconeaible accounts, correctbns or other regulatory adjuatrrteras. 1.10 ^Slraeta ant Other Pub9c Plates" trier to and are streets, aAeys, vieduaa, brbges, roads, lanes and ether pU11b places b sold Tam. 1,11 `Town" triers to and k Iha munblpal corporation designated as Ihv Town d Vail, Eagle County, Colorado and includes the territory as currency Is or may kt the future ba ktcluded wfthln Ilte boundaries d the Tvwn d VeA. ARTICLE 2 GRANT OF FRANCHSE §2.1 Grant of Franchise. The Town of Vall hereby Brenta to PuWb Service Company, Tor Ehe parbd epedlied in acrd aubJect to the condkbrts, terms and provisions wmafned in [hie franch3ae, a www-wrN, wi,rw AwIM 1w A„wMA wNl wwA Alw,ri.,aw wow n VII-9xGNarYa Flgn[ In rTla[9 reaaal7E streets and other public placer easemrante as may be necessary rc lerme d 1hB Irartd,lse. These right to aA areas of the Town ea M k nt and to addklonal areas as the town b atze by amexatlon ar otltarvrtse, §2.2 Tsmt d Franchise, This fi lake sited on February 1, 1994. TI IrancNee ahaN ire br 20 years, begh dfeaive date d this iranchke an January 31,2014. ARTICLE 3 FRANCHSE FEE §3.1 Franchlae Fpe. In conalda grant d thk Iranchlae, the Compan Town a sum equal to Iwo percen revenues receMed from the eels and of gas within Iha Town, excludii received from the Town for the sale Tavn. §3.2 Payment Sdtedule. For the owed on revenues receNed abet the d 1h1s Irand,lae, p ;, shall be ma Inatanmenfs net more Ihan thirty days close d the month for which pays made. Inklsl and Ilnal payments she for the portlona d the months at the 1 end of the term of this ordnance. shall be made to the Flnence Director Dlreaor, or other aulhoHzed repress have aoceas FO the books d Ihv Got purpose d audhbg or checking to ~ the lrancfifse tea has been oarreay t P~• b Iha seam an error by the Corry an overpayment d the Irartd,iae ter end said vvarpaymrent IB b extes8 d for the overpayment ahaA be spread [ period the error was undlacav overpayment to 53,200 or less, aedlt agalnat Iha next payment §3.3 Change oT Frenchlae Fn Franchise 7srtna. Once dudrg each d the frarrdriee term the lawn Count 30 days ndlee to the Company d h to do, may revhw and change the con Town rttay be eMhled to reaehre ae Franthkv, provided, haYlaVAr, tfte Col change the eonsMermbn to be ter Tgwn under the terms o1 this Isar equivalent d the connklerubn Company b any chy a town In Cobrado I<1 tvfid, the Company supp hsrtchtea. The Company shall report to the s6rty (60) days d the execution d r frenchlee or d any c}ranga d franc munldpalklee that could have a eignH Irtpaa on the oonekiaretlon to be Company to the Town hereunder. Council decides the oonelderatbn changed, h shall provide for eucl ordinance; provided, however, that a the lranchke fee k than alcoved to b by the Company; and provided, fun conaWeratlon k nd higher chart canaideratbn paid by the Comr munbipuity within the Stated C pvnwses d this Sedlm, coneiderui rranchlse fee eslabifehed fn Artide acrd also Indudes any other pravlak ^~~ 83.4 Franchise Fee PaymaM 4, Fees, Payment of the Iranchise Company k accepted by the Town auupancy tax, 1lcenae tax, pa Inapectfan fee, ar almNar tax on th dcing business or b connedlon wkl operation ihered, but does nd Company from any unlawful laze property or any other tax trot re harrdiseorthe physk~i oparadan the nd exempt the Company from pay taxes or other leas or lazes asses [pon Fxmkreeeea. ARTCCLS; ~ 8UPP4.Y, COIVBTRUCTION A ya.1 Supply d t'las. The Compar reasonable end necessary atepe adequue supply d gas to Ns Cua laves[ rasavnaWe oou cortslslent + tellable supplhe. If the supply customers should be Interrupted. shall take all rreoeasary and raaaoru restore each soppy whhin the chart 14tte, §4.2 Reetaalbn d Servbe. In Companys pea system, or any P partlaly or whdy destroyed a Inc[ Company shall use due dlllganca system to sathladory service wlthl R ~ ~Ob~~ ~0~b4 ~1 Tha Company shell Install, coal retgvate and replace Its Iad9tles wk In a goad and wnrkrnanlfke rna Corrpanys leckkies wql be d au111d durebigry to prwWa adequate and the Town and ks reekhtlts. Conran not Interfere wNh Iha Town's wato+ maMre or dher rrunbpel use d sh publk places. The Company sl maintain qs fadlhles In such a minimize inlerferenca wkh [rasa an features. Company lacllkles shell pubib :...: 1a so ae b Muse a r d b ; .: wkh such property. $4.4 Excavation and Cony excavalbn and cortstrudlon wad Company shall ba dale k1 allmay r manner wtridr rninlmlzee the irrootn puWb and irrdMduab. AM pu69C and i whose use oonlorms to reetrictl easements disturbed by Cwrpany construetbn adlvtties shall be m Con{rerry u ka expense to atbstu oondkbrt wNhN1 a reasonable tlrrla. §4.5 Relocation of Company raloratlon d the Ctrmpanya fadlkk or other pubic place requked, cause by any Town proJea shall be u I Company. Rabcatbn ahaM be oar reaeonabh time from the date w makes Its request, such lima to ba the Company es soon as pveabie a request. The Company shall b extension d Irma d ..,.,;~_:bn eq delay caused by oorrdNions nd m provkfvd Iha Iha Company prop .: u aK Ihtea. 1$4.9 Service to New Areas. r dN the Town are expanded durlrrg !h iranehke, the Company shut exit resMenle In the expanded area r praalcabh time and In accords Iron, the Company eha11 extend Ile ovlde gee to the Town far munbbal the Town limits or for any major Ity outside the Town IirriNs, and whhln r cenNlcated service area, without Town to awance funds prior to ;hnologloaf Improvements, The tl genaraly Imroduce and inelaN, as (cable, gas lechndoglcal advances In end eervlee wNhin the Town when Is are Ischnlcally and econombaly ere sale and benallcial to the Town ants. Unless dherwba requested bS' iomlpany shall reWaw and promptly rtb1 advances which have occurred In industry that have been boorporated >'artye operetbne b the Town In the or will be so inotxporatad In the elx kg the Company's vapor. ARTICLE 6 CONIPLfANGE n Raguiatbn. Tha Town expreesty the company expreealy recognizes, ghr and duty to adopt, from time to n b dta provlabne herein corttalnad, provlebne, ordlnanoes end rotes and to may by the Town ba deemed he exerolse d its pdica power far the the hsahh, safety and vreNare d Ns sir propembe. clients With Town Raqulremlenlt. Tile comply with all Town requlrernenls 'b end pavement cuts, excaveting, related conelrucllon aaivllles. II Ihs Town, the Company shall submh cna d annual and lartg•term planning 7rovarTrenl pro~ags whh dasa3ptions tract cols, excavation, digging and vdton activitbe wNhln 3Q days attar xapt for emergendee, tfie Town may I InetallaNons be coordlnmed witty the Improvement programs. The Tawn II be the Tavn'6 agent for Inepedbn 711ance with Town ordlnancee and any such projeda. I Review d Conetrudbn and Design. nar9encY circunlstancea, prier to I any slgnNlcant ppas tacllNles abtwe xrpany ehaN fumleh 1o the Town the IacllNles, In addltbn, the compal,y and report the impact o1 such etructbn on Ihs Town snvlronmen[. ]d reports may be reviewed by [he tarn, Inlar aNa. (1 b that all applicabb oulldirg and zoning codes and air and T ragulatlons are carrplled whh, (2J and good plannbg principles have e corisideraaon and {3) Thar adverse envlronmeril hoe been minlmlzed, 911ance whh Pl1C Regufaibns. The ' Company dbtribu[es shall conform Idarda promulgated by Iho Public nlaslon fn the Rules Regulating the Sae UIIINIea and whh the tarHf the Centpany setting standards, as be emended hom time Io Ilre. brlanoa WXh Air and Water Pollurlon ~mpany ehaN use ire beat emorls rc ss which whl reeuh In Ito faciadea atandarda requlrad by appllcabla Btale air and avatar pollution raWd. n'e request, Ilia Conparry will prwlde fl etalvt repbfl d aUCn ri1986ufee. actor. The Town shall have the right A reasonabb tkrlee any ponbn d the ~atem used to eervs the Town and Ne a Town shall oho nave aocBea to orde la Iho purpose d delerrnlning rnpllartce whh this lranchbe. The run/./e. ve/ia /tGa /,v/naRaa,vn §8.1 Publb LlNlhlee Canrrissbn Reguletbn, Tha Town and Ihs Company recognize that the lawful provisions o! the Campanye tarlNs on 111e and in elltrct with the Pubic U11Ntiea Commbsbn which are canelatent wkh the restrlctlons and Ilmitallons of Artb1e X5(V o! the Colorado Conetilutbn regerding the dghls d munidpalNles to franchise era oonlydling over any hloonebteM provbbn fn tfAs lranchbe dealing whh the same sub~etx matter. In the oplnicn d the Company, no prwleion o1 thb lranchite b Inwnaleteni with any d the cumemy eNectHe provolone d the Corpanys tarNls. ARTICLE 7 REPORTB TO TOWN 87,1 Reports on Company Oparatlane. Tile Company shall tubmlt reasonable and heoeseary reports containing or based an fnfarnletbn readlFy obtalnabb from the Company's hocks and records as the Town may request whh respect to lfia opererbns d the Company underthb lranchbe and pro+rlda the Town with a Ibi d real progeny whhln ttie Town NArkit h awned by the Company. §7.2 Copley o1 TarNls, All PUC Fllings. The Company mall keep on Nb h the nearest Company dfice, all tarNle, rules. ragulallona and policies approved by the Pudic V[ilNles Cartxrlosbn relating tc servbe by the Company to the Town arld its residsnte. Upon request by the Town, the Company shall prwlde the Town wNh oapbs o1 iN;nge aMecting Bald eervlce whbh N ntakae wNh the PUC. ARTICLE 9 INDEMNIFICATION OF THE TOWN §6,1 Town Held Harmless, The Company ehaN Indemnify, defend and save the Town harmless from and agalrrst all Ilabllhy or damage and all dolma a demenda whatsoever kv nature aroing out d the oparatlons of the Carport' whhin the Town pursuant to this franchlea and the aecuring d and the exerclea by the Company d the franchlea rlghls granted in rho ordinance and ehaN pay all reasanebb : ,, : ..es arleing Irrarefrom, The Town wIN provide prompt written notice to the Compairy of the pendency d any dafm or action against Iho Town arising out d the exercise by the Company of ifs iranchiae rights. The Company will be permitted, a1 Ns own expanse, to appear and defend or to asalat In defense al such clRim. Notwllhetanding any provision hereof to the contrary, the Company shall rid be obligated to lndermNy, defend a hoMf the Town harmless to the exlert any ctalm, demand a Ion aches out d or In connectbn whh any rtegligeM ad or (allure b ad d the Town or any d Na dficera or ampbyttes. §82 Paymlenl d Expenses Incurred by Town in Relation to Ordinance. At the Town's option, the Company shall pay rn advance or rermburaR the Tavn for expetteae htarrad IIt twblbatbn of itolicee aril ordinanoee and is phdooopylrg d documents arl9ing out d the negotiations a prooase Iar abtalning the Iranchob. ARTICLE 9 TRANSFER OF FRANCHISE §9,1 ConaaM d Town Required. The Company shall nor transfer or aaeign any rlghte under ihb hanchbe to a third parry axoapting ony corporate reaganlzatlans d tiYa Company na Irldudlrg a third pang, unbar Iho Tnwn Ceuncll aha11 approve in writing such lranafar or asalgnmem. Approval d the transfer or assignment shall not be t :, ..,. ebty Whhheld. §a.2 Traneier Fse. In arderlhat the Town may share In the value ihie Iranchlse adds to the Company's operation, any such traveler or assignment d rlghta under fhb lranchbe requNing the al7proval d the Tawn Caurtdl shall be subject to the condNlont that the uaneferes shall prompty Public Notice CONBOLIOATEO REPORY OF CONDITION Nn9fudlna Oamutle 9ubgdiadeq l0olln Amounla In Thounnd/i ' rITLd Or tANx ~ ~ STATE aANx NO,.,._.. 490 ire[Eank of Veil FEDERAL RESERVE OIe?rRICT NV. _ _ _ to COUNTY 6TATE ~ IIP CODE CLnaf OF eUSINE99 DATE Il I Engle I Cnlnradoc ~ 81657 &ePtember 30, 1993 g..~- .M I,.h,,,,,., m,,.r Aw.,,,a ,n ,w.ifa d, a,. rra„ apnacry lniuwe,onx irlnp bilinns iM wrnnry and WM try Wl„srs lira unary prrwn[a to null rlninlry r,ce lvihl,sl n.t o1 a irr+d (-cow ~. ror lwn .na foie Io,io b trinafrr rl,M n. rv, n.t of en.rne lmm~r, .11u,np, iM n„r.. raa5,p iccouMi b.,,.n (Ircwa+nf c,pnils,ie I..,n) a~ ,ol lduM wbi5dlirlra ib aNxlieM capinlai 11tr to tnii b,nY on eewptina, ant,tndlry wn„ani to tt us.C, 1927{tl lneif/ dafirrfd wrwint b 19 u,A.C. 1r271i! rrx.. t-Martnp ur5np nh.m .rte., wr..w,e, fo npurelui. ,.e to th. u.s. Tn.ww annr en..e .w obNwYlpne urwr ew+ean[w l,nes eueptence, e.ea,eea end wt.nnalp a era aeme„n. rrrr.a NoaA i,d nletrd wrplvr FETAL 4,075 c 30,380 9,275 0 84, 499 - - 785 Q - • - - - 83,669 0 T,7sa 7,31fi 0 0 0 1,593 13a, 067 0 t3a,Qe7 119,9Ia 27,359 92,569 • Q 0 0 0 0 0 Q ~, 559 ta3,97z . 0 tee ,rock and nlattl wrplua Q _ 3,925 _ 2,415 / ire canal rn..wi 4,655 _ Seed Son m earYitiblf pu11Y aewrltln ~ Q n,l 6, 595 purmfnL to 17 U.S.C. Ie29{Jr 0 7ta4 fnd loon dfrarnd wrwint to I2 u,].c. t9t117: 6, 595 ,. Alelt.d•IIr. pnr.rr.e i1oeL, .faltr cepnel, .na Iu.n ' ire u Ix us.c. 1e2~(7! 372,067 __~ ti~r9 al Gradtr--._•____.----^---------------------^- t.3aa is rfpwl mue n fr91Md Dy in ~utnar[Meleee,q~ W vimm 9t' noNn~ In.n m,x a~.eia/ mnn Info Ilr oHKnlu ~~p~mg Inv andfripn[d Ofr,rpl/L d9 A/,iW W[lue rAN Mia Mpal of CarMitro9IMCludmp IM /Ypppl<np xMeulf ilTld pifn 9rfw+l0 ,n e weM1 Ihf ~nsr,ucnMf If/aid DT Ihf ,lrul/lily i9f11Gt inert true fa IN b,l pl mY anOwNOr r ire nfl.,r RE OF~pFFICERSt AnT1leR~rO 91dR AL~Rr AaIE rIANrA /s/ Paul 9, ca19 0c tal+er 29, 1997 _ Ice T1TLl CF OF}~ERIaI AIjrNOR12[9 TA a}aH nEYAfIT ~ ~ ~~ ogle COCF a«CIrf NO Pau] J. Cale, Ylc9 Peenident _ {901) 717-20e0 vununnNa,ur. aucir Honorer ltla snau nvL ve recovered from the Town a from the Town resldente or progeny owner] through gas rates d customers In the TrAVn d Vall or by euroharge by the aanaieree a the Company. ARTitX.E 10 PURGfABE OR CONDEINNAT1tNi §10.1 Towne Right to Purohase or Condemn. The right d the Town to construct, purchase a conderrxl any publb utliky works or ways, and the rights of the Company in conneabn therevrNh, ae Provided by the Colorado ConetNudorl and statutes, are Hereby expreasty reserved. §10.2 Continued COOperatbn by l:ompany. In the event the Town axerclees Its option to purchase or condemn, the Company agrees that, at the Town's requseL N will oon8nue to soppy any tervloe h auppllee under this franchise, ror the duratbn d the term d'ihb Iranchlse pursuant to towns and cordNbna reagdored for such cominued aperaticn, §10.3 Right d Flrat Purchase, In the awnt the Company at any 11me during the term d thle franchea proposes to sell or dlapoee d any d ha real property located wkhln Ihs Town, N shall grant to the Town the right d Nrst purchase d lama. Tha Company ehaN abtakr a qualNbd appraisal on any such property and the Town shall have sixty days in which to exercbe the rlgfit d Iiret purchase by gNing wrNten notice 1o the Company. Should the Town rat provide the requlrad written notice, the Company may proceed to negWlata wkh olhert for the Bale of such property provided that the Company may not Bell slydt Ixaperty tar an amount bas than 90 percent d the apprabed value without 11rot prwlding the Town with an opportunny to purchase such property at such looser pNo6, in whkh avant die Tawn must no1Ny the Company In wrlting wNhfn 90 days N h vNshea to purchase ouch property. h is understood Thal nothing In thla paraggraph shall preclude ire Company hom traneferrbg real properly to a subefdlary or aNiNate wilhcut first atxarding the Town d rights referred ro above, provided that I! the translerea proposes ro seN or dbpoea d such property wkhln one year, It shall not do sa without ilret aflading the Town the rlgMe referred to above. ARTICLE 11 REMOVAL OF COMPANY FAGIUTIF.B AT END OF FRANCHISE §11,1 Lkritatlons on CaTpariy Removal, In the event fhb hanchbe It rid renewed at ihs explradon of Ns term or the Company terminates any service pravlded herein for any reason whatsoever, and Ihs Town has not purcfiaeed ar condemned the system and has not provided for ahernatfva service, rho Company shall have no right to remove Bald eystom pending raeolution d the dbpoENbn d Ihs system, The Company further agrees It will not withhold any temporary servlcee necessary to protect the public and shall ba entitled only to monetary campeneatlon in no greater amount then It would have been entitled to ware such saMoes provided during the term d fhb Franchlaa, Cnly upon receipt of written notlca Irom Iho Tnwn Noting that the Town has adequsre aNamatNa gm energy sourtxra to prwlde Iar the peapM or the Town ehaN the carrpany be entNled to rangva any or all d Bald aysteme In use under the terrre d tlrb lranchbe. ARTICLE 12 TRANSPORTATION OF OAB §12,t Transponatbn o1 Gae. The Tawn expreaety reserves the right ro obteln a produce gas, The Comtpany shall tranepon natural gas purchased by Ina Town for use M Tawn 1acNhlas purouarlt to separate oonlracls wNh the Town. The Company agrees to transport gee trade available for Bale on terms and condNlons comparable to other oontradt entered 1nb oonterrparaneouely brr the Comlparty whh similarly skudad a ,,, : , , ARTIfxE 13 FORFEITURE J}13.1 FoneNun. Bah Ihr Company and the Town recognize then may I» circumalancea whereby oompllance wkh the prtwltlorn d this lranchbe it imposable or b delayed because d chcumtlances 17ayond the Company's cantrd. In (hose Instances, the Corrparty shall ate Ns beat agoras to conpty In a timely manner and to the extent poaebte. 11 the Cortpenx lalb b penorm any of the temis and cpndNlorla d ihls lranchbe and such Tallure b wkhln Iho Company's eomrol, the Tawn, acting by and through Ih CouncA, may determkle, alter hoaxing,lhat such lallure b d a subalantiaf nature. Upon FexxNbg nnllce d such detarminatlon, the Gampany shall have a reasonable Ilene M whbh to remedy the vbla8ona. H during Bald reasonable time .. a aabm have not been auccesefuNylaken, the Tawn. scHng by and Ihrougn Na Councl, ehaN debmrine whether any a all rights and prhrNegas grersad theC , .,: , underthb ordnance shah baforhNed. §13.2 Judblal Review, Any such declaration d fodeHure ehali 19a subject to judblal review ita provided by IoW. §13.3 Other Legal Remedbs: Nethbg herein oontaned ehaN NmN or restrict any legal dghu chat the Town or the Company mayy possett arsing trorrl any alleged vblallan d lib franchlea. §19,4 Continued Obiigatbns. Upon forfehure, the Company shalt oonpnw to prwkre asrvbe to the Town and Na realdente In aooordance whh the terms head until the Town makes akernalWe arrangements for such servbe. N the Company fops to provide cantlnued aervke, N sha11 bs Rabb far damtages b the Town. ` ARTICLE 14 Ah1EHOMENTS §14,1 Amandmems to Franchbe. At any drne during the tarm.ol this Iranchlea, the Tovm, through ke Town Coundl, or the Company may prapoea arnardmcenh to this franchlea by gtving 30 dat'e' wnnen rtdlce Io fhs dher d ihv propoesd a I Iq desired and bah panles thereafter, through their detfgnaled rapreaentatlvae, w1N negdlate within a raasanable Ikrta In paced fakh In an effort to agree on mutually satisfactory arnendmtant p}, Toe word `arrlendrrtem" as used n thb section dose na klclude a change authorized n 9eabn a,3, ARncLE is MRIGELLANEOU; ~1b.t Sucoeswn and Assiig9ns, The rttpphis, privibgss, Irandcleas and ablfpatbns grartledand contained in Iho adlnana theft Irtsun la the berrefM d and bs binding upon Publb Service Company, Na auoceaaas acrd aetlgns. ;15,2 Third Panlas. Ndhng oornlned n ihb /. n,,,.l,1ea .1,.11 i,s r.A,te/n,ad /n nrrwNo rlnhdw le perecns arc acoresses are rn ec ar [rte wnnen request of ehhar parry, dellve In pereon or by oertlfled maN. Undl any ouch change shah hereafter be made, nodose ehaN ba sent b the Town and to rile Company's Mountain Dhrlsfon Manager. Currently the addfeeees era as follows: For the Town d VaN: Tvwh Manager, Town d VaN 76 B. Frettlaga Road , Val, Cobrado 61567 For the Conparty: Motrritab DMebn Manager SuntmN County Oparetlons Canter P.C. Box 1619 Sllvertllane, Cobredo 50426 §ts,4 3everabillty. Should any ono or more pravolona d rhls Irenchiee be determined to be Illegal or unenfaceabls, aN other provlebnt navemhalets shall remain eNectlve; provided, however, the perllea shall fonhwkh enter into good faNh negdbabrt6 and proceed with due diligence to draft a lerrir that wilt ac;.bve the orlglnal Intent d the parlbe hereunder, §tb.5 Entire Agreement. Thla tranchlae I:onethutea the entire agreement d the parties. There have been no reprasematbna made other than these corxalned In ihla tranchlae. ARTICLE 1e APPROVAL §16.1 CounclE Approval. Thb grant d tranchlae shelf not become ettertfve unless approved by a malorky vats d the Town CouncN, §16.2 Conparty Approval. The Company ehaN file with the Tawn Clerk ha written aoceptanoe d ihb hanchbe and d all d Na isms and provlebne wNhln ten days a1Mr the adoption d thh frartcfifae by the Town Council. Ths aocapranae shall be In form and torrent approved by the Town Atlorney, N the t:ompany shah left to tlmety Ilb its wrtten aoceptanoe m herein pmMded, rho tranchlae aflaN be and .:.. Holt and void. INTRODUCED, READ, APPROVED AND ORDERED PUBLI9HE0 ONCE IN FULL ON F1R37 READING thfe 2nd day d November, 1993 and a Pablo hearing shah be held on ihb Ordinance an the 16th day d November, 19(13 x1700 p.m. b the Ccuncl G :. ~ :. d the Vdl Munbipal BuAding, Val(, Cobredo. TOWN OF VAIL Margaret A. Otterfott Mayer ATTEST: Hdfy L, McCuttftean Town Cbdt APPROVED A9 TO FORM: R. Thomvat Moorhead Town Atbmey Ptblohed In The Val Troll on Novenber 6,1980 Public Notice 011DINANCE N0.39 r3FAlE8OF 1993 AN ORDINANCE DEDICATING A PUBLIC, NON-EItCLU81YE RIOHT•OF-WAY Ili AND UPON TRACT A, VAIL. VILLAGE nth FItJHK#. WHEREAS, the Town d Vail Ilnds It le neceteary to provide ouch right-d-way far the benefN d the communky to provide accaas ss needed fa the pufllbgood. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PAIL, COLORADO THAT: SECTk]N 1, Ths Town Council dkeds that a public, non- exdush+e rlphbol•way be dedlceted far all puWb purposes over the descrlbad parcels'A','B",and 'C• as set forth M the anaohed ExhbN 1 which paroela are kferaNied from Tract A. Vail VYlage 6th FI SECTION 2. Further, Town Counoll dlreott that a GnNbats pursuant to 17,32.1100 d tM Munblpal Coded tt,e Tawn d VeN bs iNsd wkh rite Cork and Recorder d Eaghr County, Coorado for the, conveyance d the Pablo dedicatbna eat ionh Itereln. SECTION 3. N any pan. salon, tubsaotbn, tsnterra, dauae a phrase d ihb ordlnarcoe It for arty reaeort held to be bvaAd, each dalislan aha11 not arlea the valldNy d the remakllnp portbna d thb ordlnartoe; and the Town CourlcN hereby declres k world haw passed this ordinance, and each pan, salon, aubsectlon, aentenos, douse a ph-ate thered, regardbss d the fact roar any one a more parts. sellons, tubtectbns, aecrtsncea, daueee or phranae ba dedered invafb. SECTION 4. The Tawrt Councl hereby ilnds, detarmilat, and dsdarea that ihb ordinance h necessary and proper lathe heaNh, safety, and wegaue d Ills Tam d VaN and the irtiiabNanb Ihered, SECTION 5. The repeal a the repeal end reanactmeril d arty provbbn d the Munldpal Coda d tlts Town d Vail as provldod In Utb ordinance shall oar aflecl any right whbh has accrued. any dutyr Imposed. any vldatbn Itrat otrarred Prot to the dlealve data hared. any praecutbn .. 1, nor any other adlan a . .. ,'rigs m . .. ,'under or hlr vktue d the prwblon repealed a repealed and reenacted. The repeal d anY P~~ ~-~1r shall not rsvew any provblon a any adlnance prevlanly repealed a aupertadtd oohs a7preealy elated herein. SECTNJN 6. All byNtvw, orders, -oeakAbnR and , , , a path thsred, Irbantiuas hereailh are ~ F to the extent only o! such inoonskterloy. Thb repealrr ahM rat be cortNrued b revbe any byltav, order, rastilutbn, or ordinance, or pan 1Flrreai, theretoiore :. ; n,., .l INTRODUCED, READ, APPROVED, AND ORDERED PUBLN3HED ONCE IN FULL ON FIRST READING ihb 2nd day of Nawmber, 1993, and a public hearing shall ba held on thb Ordnance on the 18th day d November, 1993, at 7;30 p.m. n the Council Chamber of the Vrdl Munldpaf BuNding, Vat. Cobrado. TOWN OF PAIL MttrguW A. Cktedoee Maya ' ATTEST: Hoy 1. Idofartdteort TorwrCtark' PubAahed n The vat mall orI Novenbar 8c 1963 WHEREAS, OrdlnanC 1882, amended Section 11 Hcusing UnNa {EHUs} ~err Code d the Tawrt d Vak; acv WHEREAS, there was contained In Sedlon 8 there to "Type i EHU•, NOW, THEREFORE, E THE TOWN COUNCIL r: VAIL, COLORADO THAT: SECTNaN 1. Sector 1&67,OBOB 13 read as blbwe: (13) Thlny days Prot to for a Type NI EHU, the pl shall aubrnN an appffcatla Davebpmem pepanment 1 proepagfve purchaser meal in 9edbna 16.57.020 C an and ehaA Indude an aNldav she nTeslta thews talterla. SECTION 2. N any pan, sacllon, a dauee a phrase d thb o-din held to be Invalid, such lade validNy d the rentakibg port and Ihs Tawn CourxA hereby passed this ordinance, and aubaedbn, sentence, deal -egardbsa d the }act that a eectlone, subaectlona, se phrases be ;::.:, : d ktvalld, SECTION 3, The Town Councl herE end lactates that this ordina proper for the heakh, refer Tam d Yap and the irchablta 9ECTkaN 4. Tire repeal a the repel any provblon d the Munldpr VeN u provided fn this ordl any right which fiat axx;rue any vfol4ttbn that otxxrrrad date hereof, any preseciAbr dher ad{on or procesdinpt or by vktue d the provklon and reertaaed. TM repeat o shall rid ravlve any Provo prevbusly repealed or sugar Mated herein. SECTION 6, M t7ykivvs, orders, resort a pans thered, Inocrisigent to IM extent only of such repMlsr ehaN na be catstrtx order, rasolutlon, or ordina tharetalore repeabd. INTRODUCED, REA[7 ORDERED PUBLISHED I FIRST READING Ihls 2n{ 1993, and a public hearing Ordinance on the 18th day r 7:30 p,m. b tree Caundl C Munkdpaf Buikling, Val, Cobr PtlbNSlred M TM on IAICNan'ktar i Public ~ ORDINANCE SERIES OF AN ORDINANCE ApENDII h1UNICIPAt CODE OF TI BY THE ADDITION OF WMITATION OF TERIIISi THE LIMITATION OF ' PERMANENT TOWN OF ~ COWAIItli8lON8. WHERfiAS, Ordlnano 1992. prevkled for the amt 11N addNlon d WIINation d U Ilrritatbn d termta la all ml Tavn d Val Bcardt and Can WHEREAS, Ord[nana 1992, Improperly IdemHiec Chaptsr>n Clrapler2.38; ant WHEREAS, there b pR Munblpal Coda d the Tool Chaplet 2.38. NOW, THEREFORE, F THE TOWN COUNCIL C vAIL, caLaRADp THAr: SECTION 1. TNb 2 d the Munldpal Vail b hereby amended by II 2.38 • Llmkadon d Tarme, to 2.a8.o10 iVo member d any per Board or Contn#sbn shall alght oonaseullve yearn. A , ; 1Yh0 has 60IVed 1 year. may larva again atu yead Hart-servba Notwithr I thtrro era an nttAtidant nu a wam pokier or posNb TOV Board or Commit Commlasbn .: who than eight (e) oatsactltivs yr apply 30,E nlnrenL Al currant members d i Boards a Coman{tsbrn an thh ordinance aiNtll be entl term d ollbe regudlesa d M d tardt farm would exceed s BEOTN]N 2.. N arty pan. salon, a Idatae a phrase d tlis oron hard to bs nvniNd. such decta validky d the remanNg port end the Town CautlcN 1lereby paswd ihb adlnanos, arM aubeelbn, eeMena, law npardbsa d the fact that a sedbnt, aubtectbnt, to phrases ha deckred NwaNd. BECTgN 9. The Tawn Coundl hen told rledraet (hat thN txrNra proper for the hMBh, saint Tawn d Val and the 6tllsbla SECTION 4: The repel a Ilse repe+ anlr provision a the Mun~p VGA as provided Irt thb ordli any rlpht wnbh has aoauel ._ L.i ~uw„..