HomeMy WebLinkAbout2006-24 Concerning the Organization of a General Improvement District in the Town of Vail; Accepting the Petition for the Organization of Such General improvement District, and Making Certain Findings and Determinations
EAGLE COUNTY. CO 20063430@
TEAK J SIMONTON l
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ORDINANCE NO. 24
SERIES OF 2006
AN ORDINANCE CONCERNING THE ORGANIZATION OF A
GENERAL IMPROVEMENT DISTRICT IN THE TOWN OF VAIL;
ACCEPTING THE PETITION FOR THE ORGANIZATION OF
SUCH GENERAL IMPROVEMENT DISTRICT, AND MAKING
CERTAIN FINDINGS AND DETERMINATIONS; WAIVING ALL
REQUIREMENTS FOR NOTICE, PUBLICATION AND HEARING
AS PERMITTED BY STATUTE; DECLARING THE NECESSITY
OF THE FORMATION OF THE GENERAL IMPROVEMENT
DISTRICT; ESTABLISHING AND CREATING THE TOWN OF
VAIL GENERAL IMPROVEMENT DISTRICT NO. 1; TOWN OF
VAIL, COLORADO; AND PROVIDING OTHER DETAILS
RELATING THERETO.
WHEREAS, the Town of Vail, Eagle County, Colorado (the "Town") is a municipal
corporation duly organized and existing under the laws of the State of Colorado (the "State°)
and in particular under the provisions of Article X)C of the Constitution of the State and the Town
Charter (the "Charter"); and
WHEREAS, a Petition In Re the Organization of the Town of Vaii General Improvement
District No. 1, Town of Vail, Colorado has been filed in the office of the Clerk and Recorder (the
"Clerk") of the Town; and
WHEREAS, such Petition has been reviewed by the Clerk; and
WHEREAS, such Petition has been signed by the registered electors representing one
hundred percent of the taxable real property within the proposed district and contains a request,
pursuant to Section 31-25-607(3.5), Colorado Revised Statutes ("C.R.S."), for waiver of all
requirements for notice, publication and a hearing set forth in Sections 31-25-606 and 31-25-
607, C.R.S, and a request for waiver of the bond provided for in Section 31-25-605, C.R.S.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL:
Section 1. Short Title. This ordinance shall be known as and may be cited by the
short title "Organizational Ordinance" (the "Ordinance").
Section 2. Authority for this Ordinance. This ordinance is adopted by virtue of the
Town's powers as a home rule municipality operating pursuant to Article XX of the State
Constitution, the Charter and Part 6 of Article 25 of Title 31, Colorado Revised Statutes.
Section 3. Acceptance of Petition. The Town Council of the Town (the "Council")
hereby accepts the Petition In Re the Organization of the Town of Vail General Improvement
District No. 1, Town of Vail, Colorado (the "Petition"), which requests the formation of a general
improvement district to be known as the "Town of Vail General Improvement District No. 1,
Town of Vail, Colorado" (the "District"). The Council hereby finds that the signatures on the
Petition are genuine, that the Petition is signed by registered electors representing one hundred
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percent of the taxable real property within the proposed District, and that the Petition contains a
request for waiver of all requirements for notice, publication and a hearing set forth in Sections
31-25-606 and 31-25-607, C.R.S, and for the filing of a bond as set forth in Section 31-25-605,
C.R.S. The Council hereby determines that the proposed services are those authorized to be
provided by the Charter and/or the laws of the State of Colorado. The Council hereby
determines that the proposed services do not duplicate or interfere with any municipal services
already provided or planned to be provided within the limits of the proposed District. The
Council finds that the creation of the District and proposed services will confer a general benefit
on the District and that the costs of the services will not be excessive as compared with the
value of the property in the District. The Council hereby finds, determines and declares that the
organization of the District will serve a public use and will promote the health, prosperity,
security and general welfare of the inhabitants of the Town and the District. The Council hereby
determines to grant such request for waiver and finds that the allegations of the Petition are true
and that the District should be established.
Section 4. Aooroval of District. It appears that the Petition has been duly signed and
presented in conformity with Colorado law and that the allegations of the Petition are true. The
Council hereby finds that it has full jurisdiction under the law to adopt this ordinance, that the
District is hereby declared organized, and that the District shall be known as the "Town of Vail
General Improvement District No. 1, Town of Vail, Colorado", in all subsequent proceedings.
The District shall be a public, orquasi-municipal subdivision of the State of Colorado and a body
corporate with the powers set forth in Part 6, Article 25, Title 31, C.R.S. The ex officio Board of
Directors of the District shall be the Council (the "Board"). The District may incur obligations
and liabilities only for the purposes for which the District is created, as described in this
ordinance and in accordance with law.
~r Section 5. District Boundaries. The District is located entirely within the boundaries
of the Town, and a legal description of the District boundaries is set forth as the "INITIAL
DISTRICT BOUNDARIES" in the "Ordinance No. 24, Series of 2006 Supplement" on file with
the Town Clerk of the Town.
Section 6. Inclusion Area. Petitioner anticipates additional property will be included in
the District in the future, and a legal description of the additional property to be included in the
District in the future is set forth as the "INCLUSION AREA BOUNDARIES" in the "Ordinance
No. 24, Series of 2006 Supplement" on file with the Town Clerk of the Town. Petitioner consents
to substitution of a metes and bounds legal description for that portion of the legal description of
this Inclusion Area currently described as condominium units. The Council hereby Orders that a
metes and bounds description of the said Condominium area be obtained by the Petitioner and
that said metes and bounds description shall become the legal description for the boundaries of
that portion of the Inclusion Area consisting of condominium units.
Section 7. Services. A general description of the services to be provided within the
District (the "Services") is as follows:
The Services shall consist of (a) programming, regulating and generally administering all
public functions conducted on the "Public Plaza" (as that term is defined in that certain "Crossroads
Development Agreement," dated July 25, 2006, by and between the Town and Crossroads East
One, LLC)(hereinaftertha "Plaza") and (b) maintaining the Plaza in material conformance with the
Operating Standard (as hereinafter defined), but only to the extent that the Solaris Metropolitan
District fails to do so in accordance with the terms of the Intergovernmental Agreement described
2
in Section 9 hereof. The "Operating Standard" means the maintenance standard generally and
ordinarily observed by any recognized first-class hotel operator.
Section 8. Costs Estimate. An estimate of the costs of the Services is set forth as
the "GENERAL IMPROVEMENT DISTRICT Preliminary Annual Operating Costs" in the
"Ordinance No. 24, Series of 2006 Supplement" on file with the Town Clerk of the Town.
Section 9. Interaovernmental Aareement with Solaris Metrooolitan District. The
District's power to provide the Services shall be subject to execution of an Intergovernmental
Agreement (the "Intergovernmental Agreement") between the District and the Solaris
Metropolitan District Nos. 1-3 (acting by and through Solaris Metropolitan District No. 1)
governing the provision of the Services by the District. The ability of the District to levy taxes,
impose fees or exercise any of the other functions authorized herein shall be conditioned upon the
execution of the Intergovernmental Agreement.
Section 10. District Reoresentatives and Board of Directors. The names of three
persons who shall represent the Petitioner, and who shall have the power to enter into binding
agreements relating to the organization of the District, are Peter Knobel, Craig Cohn, and Jon
Boord. The Board shall establish an advisory committee to advise the District on the operation of
the Plaza, and the composition of such advisory committee shall be~ determined in the sound
discretion of the Board (the "Advisory Committee"). The Advisory Committee shall be advisory in
nature only. Overall control and supervision of District affairs shall remain vested in the Board, and
nothing herein shall be construed to permit the Advisory Committee to act on behalf of the District
except by and through the Board's authority.
Section 11. Miscellaneous.
(a) A true copy of this Ordinance shall be numbered and recorded in the official
records of the Town.
(b) This Ordinance shall finally and conclusively establish the regular organization of
the District against all persons unless an action attacking the validity of the organization
is commenced in a court of competent jurisdiction within 30 days after the adoption of
this Ordinance. Thereafter, any such action shall be perpetually barred.
(c) 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 in no manner affect any remaining
provisions of this Ordinance.
(d) All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith, are hereby repealed to the extent only of such inconsistency. This repealer
shall not be construed as reviving any bylaw, order, resolution or ordinance, or part
thereof.
3
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED ONCE IN FULL ON
~,, FIRST READING this 19~' day of September, 2006, and a public hearing shall be held on this
Ordinance on the 3`~ day of October, 2006, at the regular meeting of the Town Council of the
Town of Vail, Colorado in the Municipal Building of the Town.
(SEAL)
tt s ~~``~~
.. ~ ' ~~~N
Lore Donaldson,
.~...~,~
Rod Slifer, Mayor
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED IN FULL this 3~d day of October, 2006.
ATTEST:
Lorei~i Donaldson,
~/
~ ~ ~~~~
pdney E.~Slifer, Mayor
4
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Ordinance No. 24, Series of 2006 Supplement
INITIAL DISTRICT BOUNDARIES
LEGAL DESCRIPTION
THAT CERTAIN COMMERCIAL CRV IN THE CROSSROADS OF VAIL, A
CONDOMINIUM, IN ACCORDANCE WITH THE CONDOMINIUM
DECLARATION RECORDED DECEMBER 2, 1968 IN BOOK 214 AT PAGE 261
AND THE FIRST AMENDMENT THERETO RECORDED FEBRUARY 7, 1977 IN
BOOK 252 AT PAGE 353 AS SHOWN ON THAT CERTAIN CONDOMINIUM MAP
OF CROSSROADS OF VAIL RECORDED DECEMBER 2, 1968 IN BOOK 214, AT
PAGE 262, AND THE CORRECTED CONDOMINIUM MAP OF CROSSROADS OF
VAIL RECORDED ON FEBRUARY 25, 1969 IN BOOK 214, AT PAGE 686,
COUNTY OF EAGLE, STATE OF COLORADO
INCLUSION AREA BOUNDARIES
That certain real property in the Town of Vail, commonly known as Crossroads at Vail,
which is located in Special Development District No. 39. Special Development District
No. 39, Crossroads, is established for development on two parcels of land, legally
described as Lot P and A Part of Tract C, Block SD, Vail Village Filing 1, which
comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the Town
~,, of Vail. Said parcels may be referred to as "SDD No. 39". Special Development District
No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail.
GENERAL IMPROVEMENT DISTRICT
Preliminary Annual Operating Costs:
PLAZA
Housekeeping/Ground $20,000
Maintenance $30,000
Landscaping $10,000
Water & Sewer $12,000
Gas $75,000
Electric $35,000
Insurance $ 8,000
Administration $15,000
Accounting and Audit $12,000
Security $ 5,000
Ice Rink Labor $20,000
Ice Rink Refrigeration $50,000
Capital Maintenance Reserve $15,000
Total ~Q7.OOQ
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