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Home My WebLink About2002-20 Emergency Ordinance Amending Ordinance No. 2, Series 2002l; Prescribing Other Details in Connection Therewith; and Declaring and Emergency• • ORDINANCE N0.20 SERIES OF 2002 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 2 SERIES OF 2002; PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH; AND DECLARING AN EMERGENCY. • WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town."), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"}; and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council has previously passed and adopted Ordinance No. 2, Series of 2002 on July 16, 2002 (the "Prior Ordinance"}, authorizing the issuance of the Town's General Obligation Refunding Bonds, Series 2002A (the "Bonds"); and WHEREAS, because it was determined that obtaining municipal bond insurance for the Bonds was not economical, the Council desires to amend the Prior Ordinance to remove all references to the Bond Insurer, the Bond Insurance Policy, and the Insurance Paying Agent (as defined in the Prior Ordinance); and WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an emergency measure for the preservation of the public property, health, welfare, peace or safety, upon the unanimous vote of all members of the Council present or a vote of five members of the Council, whichever is less; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: • • Section 1. Amendment of Prior Ordinance. A. The Prior Ordinance is hereby amended such that all references to the Band Insurer, the Bond Insurance Folicy, and the Insurance Paying Agent are of no farce and effect. B. Sections 32 and 33 of the Prior Ordinance are hereby deleted in their entirety. Section 2. Effect of Amendment. Except as specifically amended in this ordinance, ail provisions of the Prior Ordinance remain in full force and effect. Section 3. Severability. If any section, paragraph, clause, or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this ordinance, the intent being that the same are severable. Section 4. Repealer. All orders, resolutions, bylaws, ordinances or regulations of the Town, or parts thereof, inconsistent with this ordinance are hereby repealed to the extent only of such inconsistency. Section 5. Declaration of Emergency. Due to the immediate need by the Town to issue the Bonds under current market conditions to effect a refunding of the Refunded Bonds {as defined in the Prior Ordinance), an emergency exists which requires the immediate passage of this ordinance as an emergency measure, and it is hereby declared that this ordinance is necessary for the preservation of the public property, health, welfare, peace or safety. Section 6. Effective Date, Recording and Authentication. Pursuant to Section 4.11 of the Charter, this ordinance shall be finally passed on the date hereof and shall be effective on the date hereof. This ordinance, as adopted by the Council, shall be numbered and recorded by the Town Clerk of the Town in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor and Town Clerk of the Town, and by the certificate of publication. This ordinance shall be published within ten days of the date hereof 2 ~ . • INTRODUCED AND FINALLY PASSED AS AN EMERGENCE MEASURE AND ORDERED PUBLISHED in full in the Vail Daily, a newspaper of general circulation in the Town of Vail by a vote of 5 to 0, this 6th day of August, 2002 TOWN OF VAIL, COLORADO ~~ ~ Mayor Attest: , n Cle k ~sEAL~ ~p~~ OF ~! SEAL ., _„ 3 N_ STATE, OF COLORADO COUNTY Oi~ EAGLE 392 PROOF OF PUBLICATION SS. $HRIES OF 20112 • AN EMERGENCY ORDINANNDING OR- DINANCE NO. 2 SERIES OF PRESCRIB- ING OTHER DETAILS IN CON ION THERE- WITH; AND DECLARING AN EMERGENCY. 1, Steve Pope, do solemnly swear that I am the Publisher of The Vaii Daily, that the same daily newspa- per printed, in whale or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- mentsthereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of .......~..... conse I e insertions; and~hat the first publication of said notice was in the issue of said newspaper date ... ............../.a..--............. A.D. ~/,~D.d.~.'..•_•.•{••• and that the cast publication of said notice was in the issue of said newspaper dated.4,.~-~...(~2~QA...~...... A.D..........~~....... ' ~ ..... da of ..... ...........~~~ In witness whereof I have hereuntc set my hand thts .........~ y ~. Publisher Subscribed ands orn to before te, notary publ"c in and for`the County of Eagle, State of Colorado, / L.~. this l..:L.`,~.;.. day of ................... .............:.... ~ ~y ~ ~~ .. ... fr.L~.l.. sr.G....... .. .. ... Notary Public My Commission expires .......... ..... .. ... ~....~~ WHEREAS, the Town of Vail, In the Counter of Eagle and State of Colorado {the "Town ), Is a home rule Town duly existing under the Constitution and laws of the Stato nt Colorado and its home rule charter (the "Charter"); and WHEREAS, the members of the Town Council ,pi the' Tfrxn (the "Council') have been duly elected and qualifi ;and WHEREAS, the Council .has previous- ly passed arsd adopted Ordinance No. 2, Series of 2002 on July 16, 2002 {tfie 'Prior Ordinance"), au- thorizing the issuance of the Town's General Obli- gation Refunding Bonds, Series 2002A (the "Bonds"}; and WHEREAS, because it was detsr- minedahat obtain€ng municipal hand insurance for ing Bonds was not economical, the Council desires to amend the Prior Ordinance to remove all refer- ences to the Bond Insurer, the Bond Insurance Policy, ahd-the Insurance Paying Agent {as de• fined in tine Prior Ordinance}; and WHEREAS, Section 4'.11 of the Char- ter provides chat an ordirianee may be passed as an emergency measure for the preservation of tfie public property, health, welfare, peace ar safety, upon ih@ unanimous vote of all members of the Council present or a vote of five membere ot. the Council, whichever is less; NOW, THEREFORE, BE IT 'OR- DAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Secticn 1. Amendment of Prior Or- dinance. A. The PriorOrdinance is hereby amended such that all reterancea to tfie Bond In- surer, the Bond insurance Policy, and the Insur- once Paying Agent are of vo force and effect. V Sections 32 grid 39 of tfie, Prior Ordinance are hereby deleted in their entirety Section 2. Effect of Amendment. Except as specifically amended in this ordinance, all provisions of the Prior Ordinance remain in full force and effect. Section 3. Severabflity. If any seo lion, paragrSph, clarase, or provision of this ordi• ! hence shat! for any reason be held to be invalid or unenforceable, the 'snvalidity or unenforceabillty of such section, paragraph, clause, or provision shall not affect any vt-the remaining prowslons of this ordinance, the intent being that the same are sev- erable. Section 4. Repealer. All orders, resolutions, bylaws ='ordinances or regulations of `the Town;. or part thereof, inconsistent with this ardin9hca ors. hereby repealed to the extent onty of such9nconsistency. Sectien 5. Declaration of Emergen- cy. Due to the immediate need by tfie Town to is- sue file Bonds under current market conditions to effect a refunding of the Refunded Bonds (as de- fined in the Prior Ordinance), an emergency exists which requires the Immediate passage of this ordi- nance as an emergency measure, and it is hereby declared that this ordinance is necessary for the preservation of the public property, health, welfare, peace or safety. Section &. Effective Date, Record- ing and Authentication. -Pursuant to Section 4.11 of tfie. Charter, this ordinance shall 6e finally passed on the date horeoi and shall be effective on the date hereof. This ordinance, as adopted by the Council, Shall be numbered and recorded by the Town Clerk of fhe Town in the official 7ecards of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor and Town Clerk of the'Town, and by the certificate of publication. This ordinance shall be published within ten.dayys of the date hereof. iNTRODUCEO AND FINALLY PASSED AS AN EMERGENCE.MEASURE.AND ORDERED PU8- LISHED in tuft in the Vail Daily, a newspaper of ggeneral circulation in the Town of Vail by a vote o1 5 to 0, this 6th day of August, 2002 ' TOWN OF VAIL, COLORADO -Mayor - _ • • • Attest: I Town Clafk (SEAL)) STgTE pF C9LORA ~ JJ)) CQUNTY CF EAgLE ~ ] SS. TOWN pF VAIL ' )) I, the duly elected,° qtr Riled and a011ng Town Clerk of the Tawn of Vall, C arado (ths "Town") do hora• by cart€ly: 1. That the oregoing pages are a Iru@,. Perfect and complete. c0ppyy of an arrllnance (the prdlnance") adoppted ~ iha Town Council consti- tuting iha governing rd of-the Town of Vaft (she "Counall°}, trad end eken at ah open, reggular eating of the- Coun I held al the Town Hali, In Il, Colorado, on. usE B, 2002, convening at t e h0ur of 7:00 p:m. as recorded €n the regular Book of Official recartl of the proceedings of Bald Town of Vall kept In m office. 2: Tha Ordl an0e was duly moved and seconded and the rdirianc0 was . eased and adopted as an erperg ncy ordinance qy a vote of to µ of them inhere of the Council at the ragutar meetingg of !h .Council held at the Town H911, in Vail, Coloraito, on August 8, 2002, conven- ing at 1ha h0urof 7:00 .m., aB follows: Those Voting Aye: Those Voting Nay; Those Absent: a, - The=rya' ra of the Counall ware otauch Ordingnc~e i tf~rth~ye~il~ve~ the paasstpe dons of the fo~uno I IenhomlyFlat p~rohl6lt,he Bdop• tlOn of saki 4rdin B. The=Or~lktenae was published, after adoption, In full In t:e Vail l7plly, a newspaper of general circulation the Town, on August _, 2002, and the afftd it of publlcailon Is attached hereto as Exhlhlt A. ~. 7. No11ca f the meeting of August 8, 2002, In the form aft ched hereto as Exhlblt 6 was posted at the Town hull, not lase than 24 hours pri- or to the meeting In ~ardance with law. WITNESS my hand pnd the seal of said Town af- fixed 1h19 August ~•, 02. Town C ark t (SEAL ExHI IT A (Attach Affidavit of P biicatlon } t;xrffat s (Attach Notice of Meting ) 1