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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 Pgs~ 5 09~48~ 13AM 121 1812006 REC~ $26.00 DOC~ $ 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 ~u~ ~ ' ~~ 6 7-~ s-~ -~'~~ 1 75 ~. ~,~;~ tai .+ 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 .'~ 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 00 N rl 0 H a O a a -_ ~ ~~~ ~ ~~ ~~ ~ ~ ~. ~~ . ~ ~ ~_ ,~ ~~ ,~ ~. g~ ~ , ~ ~. . ~ ~ ~~ ~~. g~ ~~~y ~~ ate. g~ v _.g' ~~tS'~ ~¢~~C~~~ v~ ~~~ A 0 W O H a d w ..'.,. ~. ~~~.~ ~~ a~i ~ o b b ~ ~ .~ ;~ N O O. ~ ~ p ~ ~ w cd I i ~ (~ CCU ~ ~ ~ ~ ~ ~ ~ ~ '^ .n a.-~ ~ ~ b O U J ~. `~° ,~ U ,~ ~ v ~ .b ~ w ~, a~ ~, ~.. H ~ ~ y ca C y ~ ~O N ~ -'EcS ~ ~ ~ a. ° ~ ~ b °o ~ ~ ~ ~n . . ~ o0 W '~ o ~ ~ ~ p a~ o ~ ~ V ~ ~ ~" ~" ~ N A ~ 3 ~ `~ ~ ~ o a ° ' v '~ '~ ° ' a cv o U o~ ~o '~ ~ ~ ~ ~ ~ ~ c •~ . ~ . ., ~ > •~ ~ ..~ ~ ..r ~ U .b N '~ ~ " y ~ ~ R ~ ~ ca .d cad ~ ..' > N S.r b ~ ~" ~-' v, ~ . 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