HomeMy WebLinkAbout2019-04-16 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E T IN G
E vening Agenda
Town Council Chambers
6:00 P M, April 16, 2019
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Counc il will
consider an item.
Public c omment will be taken on eac h agenda item.
Citizen participation offers an opportunity for c itizens to express opinions or ask questions regarding town
services, polic ies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide effic iency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citiz en Participation (10 min.)
2.P roclamations
2.1.Proc lamation No. 5, Series of 2019, A Proclamation Recognizing National
Library W eek 2019 "Libraries Lead"
5 min.
Presenter(s): Lori Ann Barnes, Vail Librarian
3.Consent Agenda
3.1.Resolution No. 18, Series of 2019, Resolution approving a Project THOR
Meet Me C enter Host A greement
5 min.
Bac kground: Project THOR is an effort led by NW C C OG to provide Middle
Mile portion broadband network to multiple communities through Vail and
northwest Colorado.
3.2.East Meadow Drive and Main Vail South Roundabout Paver A pron
Contract Award
Bac kground: The Town of Vail has budgeted for the replac ement of
snowmelt tubing in East Meadow D rive from Village Center Drive to W illow
Bridge Road and for a paver landsc ape apron within the c enter island of the
Main Vail South Roundabout.
Staff Rec ommendation: Award Contract to United Companies
4.Action Items
4.1.Ordinanc e No. 6, Series of 2019, First Reading, An Ordinanc e Granting a
Franc hise to Holy Cross Energy
20 min.
Presenter(s): Greg Hall, P ublic W orks & Transportation Director
Action Requested of Counc il: A pprove, approve with amendments or deny
Ordinanc e No. 6, Series of 2019 upon first reading
April 16, 2019 - Page 1 of 69
Bac kground: The Town of Vail and Holy C ross Energy have been partners
in an Elec tric Utility Franc hise Agreement since February 27, 1979. That
agreement was renewed on May 4, 1999 to expire this May. The franchise
fee is c urrently set at 3%, whic h is c onsistent with other municipalities with
whom Holy Cross Energy has franchise agreements with. The proposed
franc hise agreement inc reases the franchise fee to 4%. The additional
revenue generated from this inc rease will assist with undergrounding of
overhead elec tric and other utility lines. Public notice requirements for
franc hise agreements have been met by Holy Cross.
Staff Rec ommendation: Approve, approve with amendments or deny
Ordinanc e No. 6, Series of 2019 upon first reading
5.P resentations / Discussion
5.1.Ford Park 2019 Summer Managed Parking Program 10 min.
Presenter(s): Greg Hall, P ublic W orks & Transportation Director
Action Requested of Counc il:
I nput and approval requested.
Bac kground: Each spring the summer ac tivities and events c alendar is
reviewed by the Ford P ark User Groups, inc luding representatives from
Town of Vail, Vail Recreation Distric t, Vail Valley Foundation (GRFA), Betty
Ford Alpine Gardens, B ravo! Vail and W alking Mountain Sc ience C enter
(as operators of Vail Nature C enter). The proposed managed parking
program calendar is attached. The c alendar may be subjec t to c hanges
during the season.
6.P ublic Hearings
6.1.Ordinanc e No. 3, Series of 2019, Second Reading, An Ordinanc e
Amending Chapter 1 of Title 4 of the Vail Town Code to Address Business
Licensing Fees for Accommodation Services.
5 min.
Presenter(s): Alex J akubiec, Sales Tax and Licensing A dministrator
Action Requested of Counc il: Staff is requesting Council’s approval of the
sec ond reading of Ordinanc e No. 3, Series 2019.
Bac kground: Please see attached memo.
Staff Rec ommendation: Approve or approve with amendments upon sec ond
reading of Ordinance No. 3, S eries 2019.
6.2.Ordnanc e No. 5 Series of 2019, Sec ond Reading, An Ordinance
Authorizing the Sale of C ertain Real Property Known as Unit 2, Vail Village
I nn Plaza, Phase V Condominiums, to S TK Capital, LLC for $1,547,000.
5 min.
Presenter(s): George Ruther, Housing Director
Action Requested of Counc il: A pprove, Approve with Modific ations, or
Deny Ordinance No. 5, S eries of 2019, on second reading.
Staff Rec ommendation: The Town staff recommends the Vail Town C ounc il
approves Ordinance No. 5, S eries of 2019, upon second reading.
7.Adjournment
7.1.Adjournment at 7:10 pm (estimate)
April 16, 2019 - Page 2 of 69
Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website
www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available
fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media
website the week fo llo wing meeting d ay, www.highfivemed ia.org.
P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with
48 ho ur notific ation dial 711.
April 16, 2019 - Page 3 of 69
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : P roclamation No. 5, S eries of 2019, A Proclamation Recognizing National L ibrary
Week 2019 "L ibraries L ead"
P RE S E NT E R(S ): L ori A nn Barnes, Vail L ibrarian
AT TAC H ME N TS :
Description
Proclamation N o. 5, Series of 2019
April 16, 2019 - Page 4 of 69
PROCLAMATION NO. 5, SERIES OF 2019
Recognizing National Library Week 2019
“Libraries Lead”
WHEREAS, today’s libraries are not just about books but what they do for and with
people;
WHEREAS, libraries of all types are at the heart of cities, towns, schools and campuses;
WHEREAS, libraries have long served as trusted and treasured institutions where
people of all backgrounds can be together and connect;
WHEREAS, libraries and librarians build strong communities through transformative
services, programs and expertise;
WHEREAS, libraries, which promote the free exchange of information and ideas for all,
are cornerstones of democracy;
WHEREAS, libraries promote civic engagement by keeping people informed and aware
of community events and issues;
WHEREAS, libraries and librarians empower their communities to make informed
decisions by providing free access to information;
WHEREAS, libraries are a resource for all members of the community regardless of
race, ethnicity, creed, ability, sexual orientation, gender identity or socio-economic status, by
offering services and educational resources that transform lives and strengthen communities;
WHEREAS, libraries, librarians, library workers and supporters across America are
celebrating National Library Week.
NOW, THEREFORE, be it resolved that the Town of Vail, proclaim National Library
Week, April 7-13, 2019.
Dated this 16th day of April 2019.
Vail Town Council Attest:
___________________________
Dave Chapin, Mayor Tammy Nagel, Town Clerk
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VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Resolution No. 18, Series of 2019, R esolution approving a Project T HO R Meet
Me Center Host A greement
B AC K G RO UND: Project T HO R is an ef f ort led by NW C C O G to provide Middle Mile portion
broadband network to multiple communities through Vail and northwest C olorado.
AT TAC H ME N TS :
Description
Resolution No. 18, Series of 2019
April 16, 2019 - Page 6 of 69
Resolution No. 18, Series of 2019
RESOLUTION NO. 18
SERIES OF 2019
A RESOLUTION APPROVING A PROJECT THOR MEET ME CENTER HOST
AGREEMENT
WHEREAS, the Town and the Northwest Colorado Council of Governments (“NWCCOG”)
wish to enter into an agreement (the “Agreement”) outlining the terms and conditions for the
provision of middle mile services and the implementation of Project THOR; and
WHEREAS, the Council’s approval of this Resolution is required to enter into the
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN OF
VAIL, STATE OF COLORADO:
Section 1. The Council hereby approves the Agreement and authorizes the Town
Manager to enter into the Agreement in substantially the same form as attached hereto as Exhibit A
and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
ATTEST TOWN OF VAIL
______________________________ _____________________________
Tammy Nagel, Town Clerk Dave Chapin, Mayor
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Project THOR Meet Me Center Host Agreement
This Agreement, dated April 16, 2019 (the “Effective Date”), is between the Northwest
Colorado Council of Governments (the "NWCCOG”) located at 249 Warren Avenue,
Silverthorne Colorado, and Town of Vail], Colorado (the "Host”) located at 75 S.
Frontage Road, Vail, CO 81657, referred to collectively herein as the “Parties.”
Background
This Agreement provides for the provision of Middle Mile Services to Host by the
NWCCOG.
WHEREAS, the NWCCOG desires to:
continue to extend technical support to NWCCOG communities seeking
local solutions to meet local broadband needs and help those
communities continue to innovate and collaborate on solutions tailored to
meet those needs through a robust, affordable, resilient middle mile
network;
provide leadership and promotion of the Project THOR Middle Mile
Broadband Network (“Network”), as generally described in Exhibit B –
Network (Diagram) and owned by NWCCOG on behalf of participating
Project THOR communities, to NWCCOG members and other
governmental and non-governmental organizations who may benefit in the
future from Project THOR;
contract with a “Network Operator” to design, operate, and manage the
Network, including without limitation, the provision of Services through the
Network to the Host;
provide guidance to the Network Operator on requirements and needs for
the network as created and derived from the NWCCOG Broadband
Steering Committee;
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review network development, pricing, and network performance data;
serve as a channel to state, local government, and other partners on the
status, subscription, experiences, and outcomes of the Network;
deliver outreach to additional Colorado partners to ensure expansion of
the Network to support adjacent economic development regions, the State
of Colorado, and public safety; and continue to seek such connections to
increase the resiliency of Project THOR with additional redundant
connections;
support and obtain funding for the Network, if necessary, to design and
build network elements to achieve the objectives of the Network and
Network users;
report on Network performance, utilization, enhancement, and
maintenance.
and
WHEREAS, the Host desires to:
own and maintain a local Project THOR Meet Me Center (“MMC”);
fund and construct that Meet Me Center per Project THOR network
specifications, or dedicate equivalent space in an already constructed
MMC;
enter into and maintain contracts with NWCCOG to be billed through the
Network Operator for the Monthly Recurring Costs for the Project THOR
Network and Network Transport, and optionally with the Network Operator
for specially negotiated rates for bandwidth;
connect to and utilize the Services of the Network in compliance with the
requirements from NWCCOG detailed below;
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participate in the NWCCOG Broadband Steering and Project THOR
Committees as appropriate;
support NWCCOG by promoting broadband connections through the
Network to local government, schools and other public entities and ISPs
throughout Northwest Colorado to connect and obtain benefits from the
Network;
advise the Network Operator and NWCCOG on evaluation and expansion
of connections, and network performance and scheduling for moves,
adds, and changes to the Network as they affect the participants in the
Network to the greater good of participating communities; and
enter into this contractual agreement for the initial three year period with
the option of additional periods to provide local match for Colorado
Department of Local Affairs (“DOLA”) grant funds secured by NWCCOG
for the purpose of purchasing equipment for Project THOR construction to
bring the network to local Meet Me Center Host communities, as well as to
commit to make monthly recurring payments so that NWCCOG may enter
into a 10-year Fiber Lease with the Colorado Department of
Transportation (“CDOT”) with local matching funds from MRC for a second
DOLA grant to cover initial CDOT fiber lease period.
Accordingly, in consideration of the mutual promises stated in this Agreement, the
parties agree as follows:
AGREEMENT
1. DEFINITIONS
1.1. The terms defined in the preamble and recital have their assigned
meanings, and each of the following terms has the meaning assigned to it:
“Broadband Service” means the bandwidth that Host may purchase
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from Network Operator or another carrier that connects to the greater
internet.
“Broadband Steering Committee” means the standing committee of the
NWCCOG that has given direction to the establishment of Project THOR.
“Community Anchor Institutions” or “CAI” means governmental,
nonprofit, educational and similar entities including by way of illustration
and not limitation: schools, libraries, hospitals and other medical providers,
public safety entities, institutions of higher education, governmental
entities, rural electric cooperatives, and community support organizations
that facilitate greater use of broadband by vulnerable populations,
including low-income, the unemployed, and the aged.
“Customer Premises Equipment” or “CPE” means any equipment
required to attach to the Network, including receiving radio and associated
power hardware, but does not include customer routers and customer
networking equipment.
“Internet Service Provider” or “ISP” means an entity providing retail last
mile service to end user subscribers.
“Maintenance” means work that must be performed upon or to the
network to ensure the continuity of an acceptable signal transmitted
through wireless technology and/or fibers (in conformance with the
manufacturer’s specifications), or to ensure the safety and reliability of the
assets.
“Middle Mile” means the network connection between the last mile and
greater Internet.
“MRC” means the monthly recurring cost of a Service which will be as set
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forth in Section 4or as agreed upon by the Parties and documented on a
Service Order, as applicable.
“Network Operator” means the entity retained by NWCCOG to provide
Service on the Network to MMC hosts.
“NRC” means a one-time, non-recurring cost with respect to a Service
which will be as set forth in Section 4 or as agreed upon by the Parties
and documented on a Service Order, as applicable.
“Project THOR Meet Me Center” or “MMC” means the Meet Me Centers
owned by the Meet Me Center Host and future Meet Me Center hosts that
may contract with the NWCCOG as part of expansion of Network.
“Project THOR Steering Committee” means a future committee
comprised of the Project THOR Meet Me Center Hosts, with a governance
framework to be established, which will provide guidance to the NWCCOG
regarding the direction of the project in the future. Each MMC Host will
have at least one member on the Steering Committee.
“Service” means Transport, andBroadband Service and other Network-
enabled services that the parties agree, per the terms of this Agreement,
will be made available to MMC Hosts.
“Service Order” means the order form representing a specific Service or
Duty to be provided for a defined period to MMC Hosts by the Network
Operator.
“Transport”, “Transport Service” or “Port to Port Service” means the
intra-network traffic between MMC Host locations independent of network
traffic connecting to the internet.
“Transport Packets” means a formatted unit of data carried by a packet-
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switched network.
2. SCOPE OF AGREEMENT
2.1. Project THOR Network: The NWCCOG shall provide access to the
Network to the Network Operator, who shall plan for and execute future
Network expansions with input and direction from the NWCCOG. The
NWCCOG is financially responsible for the Network and Network
Maintenance. The Network Operator will manage the day-to-day
operations and maintenance of the Network. Other Network Providers
may subsequently provide Broadband Service through the Network, at the
discretion of the NWCCOG.
2.2. Meet Me Center Host: The Meet Me Center Host shall function as a
community-facing organization for the Network. The Host is responsible
for providing the Meet Me Center per NWCCOG standards; reselling of
the bandwidth that it has purchased through the Network to Community
Anchor Institutions, Internet Service Providers, local governments, and
other regional authorities in the area(s) it serves; and bringing more of
such customers to the Network to help lower aggregate bandwidth prices
for all involved. The MMC Host may resell Services offered through the
Network, and may, in its discretion, provide Broadband Service through
the Network to end user subscribers. The MMC Host shall determine the
pricing for Services it resells, subject to the limitations in Section 6.1.
2.3. Customer Premises Equipment: Host may choose to offer, for sale or
lease, customer premises equipment (CPE) and services, such as
customer premises wiring and customer premises equipment which lie
outside the scope of this Agreement.
2.4. Host Costs: Host will execute and maintain all contracts with their
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regional Community Anchor Institutions, ISPs, and other entities that want
to utilize the MMC Host’s bandwidth. MMC Host will maintain an accurate
database of customers and Services sold from the MMC. Host is
responsible for anchor customer acquisition costs and contracting with
these customers. The Host may recover costs through reselling
bandwidth from the MMC. Host is responsible for building or assisting the
anchor customers with direction in building a ny network infrastructure
required to the MMC, providing the NWCCOG authorizes any required
interface with the Network.
2.5. Accuracy of Statements: MMC Host will make accurate representations
and statements regarding the Network that are consistent with the
representations and statements made in this Agreement and will portray
the Network positively to Customers or the public. MMC Host will first
address any concerns to Network Operator. If MMC Host is unsatisfied
with Network Operator’s response, MMC will address such concerns to
NWCCOG at a recorded public session.
2.6. Meetings: NWCCOG will establish and maintain a Project THOR Steering
Committee or board comprised of Project THOR MMC Host
representatives to provide feedback and input on Project THOR budget
and decisions, including without limitation, establishment of the Project
THOR budget. NWCCOG will establish meeting schedule and location for
regular meetings and will convene meetings as needed to provide timely
direction or approvals on policies impacting Network operation. MMC Host
will participate in NWCCOG meetings as necessary. NWCCOG will work
with Network Operator on items requiring approval in a timely manner.
2.7. Project THOR Budget: NWCCOG will establish a Project THOR budget,
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with monies to be used on defined project expenses.
2.8. Customer Support: MMC Host will be responsible for customer support
in connection with any of the entities to which it sells Services. MMC Host
is responsible for providing, either directly or through a qualified third party
an adequate number of qualified, courteous, knowledgeable and helpful
staff to provide effective and satisfactory service in all contacts with the
Customer and Network Operator.
2.9. Acceptable Use Policies: Upon recommendation of the Project THOR
Steering Committee, the NWCCOG may adopt Acceptable Use Policies
with respect to the Network, and MMC Host shall abide by any such
policies of which it has notice.
2.10. NWCCOG Customer Support: The NWCCOG is responsible for
managing its contract obligations with Network Operator related to
customer care issues impacting the NWCCOG elements of the Network,
including but not limited to Middle Mile Network Services and SLA
administration as shown on Exhibit C-SLA.
2.11. Meet Me Center Host Locations and Equipment: The MMC Host will
fund, construct, and own space, or dedicate equivalent space for a Project
THOR Meet-Me Center that meets Project THOR network specifications.
MMC Host will purchase, install and maintain MMC Equipment. This
equipment is defined in the MMC Equipment Specification in EXHIBIT D-
MEET ME CENTER EQUIPMENT SPECIFICATIONS. NWCCOG will
issue Request for Proposals (RFP) for required MMC Equipment. The
NWCCOG will issue and maintain up-to-date network specifications for
Project THOR MMC Locations. These specifications will be determined by
the NWCCOG and all Meet Me Center Hosts.
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2.12. Middle Mile Network Equipment: The NWCCOG will select the brand
and model of equipment used to provide the Project THOR Middle Mile
Network, purchase the equipment used to provide the Middle Mile
Network, and will be responsible for expenses incurred by operation of the
Project THOR Middle Mile Network. NWCCOG will work closely with
Network Operator to anticipate Network equipment and software
replacement and upgrades and seek funding from all MMC Hosts as
necessary.
2.13. Access: Host will permit the NWCCOG reasonable access to the MMC to
access and maintain their equipment in the MMC. MMC Host shall
provide a list of contact individuals to the Network Operator and
NWCCOG with whom access issues will be coordinated. MMC Host shall
maintain its Meet Me Center to the original specifications set forth in
Exhibit D-MEET ME CENTER EQUIPMENT SPECIFICATIONS.
3. PERFORMANCE
3.1. The Host represents and warrants that it owns the Meet Me Center
Location and that it has the power and authority to enter into and perform
this Agreement, and that its performance of this Agreement will not
infringe upon or violate the rights of any third party, nor violate any federal,
state, or municipal laws (“Applicable Law”).
3.2. Host will perform its duties under this Agreement, such performance to be
excused only due to a force majeure condition as described in Section 10.
4. PAYMENT
4.1. The Host shall purchase Project THOR Middle Mile Service from the
Network in accordance with the payment provisions below.
4.2. MMC Host location in Town of Vail is a Class 1 location.
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4.3. At the time of executing this Agreement, Host shall pay the Total Non-
Recurring Cost (NRC) for network establishment for Project THOR of
$70,421.59 for Town of Vail to NWCCOG. The parties understand and
agree that the NRC pricing is based upon the nine (9) initial MMC Host
entities executing a MMC Host Contract with NWCCOG. If fewer entities
enter into a MMC Host Contract, costs will necessarily increase. Should
that occur, the MMC Host may continue to operate under this Agreement,
subject to modification of this Section 4.3 to reflect the increased NRC.
Alternatively, the MMC Host may terminate this Agreement without
penalty, by providing written notice of such termination to the NWCCOG
within 30 days of receiving revised NRC pricing. Even if MMC Host
prefers to remain obligated by this Agreement, subject to increased costs
as described herein, the parties understand that if enough entities fail to
sign a MMC Host Contract, the operation of the Network may no longer be
viable, and in such case, the NWCCOG may terminate this Agreement
without penalty by providing written notice of such termination to the MMC
Host within 30 days of the revised NRC pricing.
4.4. Host site Vail is a Class 1 site with Project THOR Monthly-Recurring
Costs (MRC) of $7900.00 MRC will be paid as billed beginning June 1,
2019.
4.5 Network Port to Port pricing on the Network between MMCs for Project
THOR Hosts is set at an initial rate of $250 per managed port not at
purchasing host’s MMC per month.
4.6 MRCs will be charged in advance, biannually for six (6) months of Network
MRC in June and December of each year for the upcoming 6-month
period.
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4.7 At NWCCOG’s sole discretion in consultation with the Project THOR
Steering Committee, there may be an annual adjustment to the MRC fee
based on the overall financial stability and revenues received on the
network. Future adjustments to rates or Services purchased shall be
documented in mutually e xecuted Service Orders, subject to the terms
and conditions of this agreement.
4.8 Meet Me Center Host will have access to specially negotiated rates for
bandwidth. MMC Host acknowledge that the NWCCOG may annually
adjust these rates depending on the amount of Meet Me Center Hosts
participating in Project THOR in consultation with the Project THOR
Steering Committee. Optional Bandwidth can be purchased from Network
Operator at the bulk rates detailed in Exhibit A-OPTIONAL BANDWIDTH
RATES as it may be amended from time to time.
5. TERM OF AGREEMENT
5.1. Initial Term: The initial term of this Agreement shall commence on April
16, 2019 (the “Effective Date”) and the initial term shall terminate on
December 31, 2022. This initial three (3) year term is required by DOLA as
part of the Project THOR program grants received and managed by
NWCCOG. The parties understand and agree that notwithstanding the
commencement date of this Agreement and the beginning of payment of
the MRC, the startup of the Project THOR Network depends upon
completion of various MMCs and fiber builds, and will occur over a 3 – 6-
month period, after which time the parties expect that all entities will have
completed construction work to facilitate the Services anticipated herein
from Project THOR.
5.2. Renewal: Unless otherwise terminated as provided in Section 11, this
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Agreement will automatically renew for up to five (5) additional three (3)
year terms unless notice is received 180 days prior to the end of each
three (3) year term.
6. OPEN ACCESS
6.1. Open Network: The NWCCOG has negotiated bulk pricing for bandwidth
and service level agreements with Network Operator for MMC hosts.
However, Host acknowledges that Network is governed by open access
principles, and therefore Hosts are free to contract with another provider
for Broadband Service. Because Network is an Open Access Network,
while Host is free to contract with another provider for Broadband Service,
all such contracts are subject to the requirement that if the Host enters into
any agreement with a provider for Services on the Network, it must make
comparable offerings to any other provider on comparable terms and
conditions. Notwithstanding the foregoing, in order to resell Broadband
Service, the Host is required to purchase its Transport Services from the
Network.
6.2. Network Neutrality: Host acknowledges that the Network shall be
governed by the principles of network neutrality. Therefore, Host will not
block, throttle, or prioritize internet content or applications or require that
customers pay different or higher rates to access specific types of content
or applications, and if Host enters into any agreements for the provision of
Service using the Network, any such agreement will mandate the same
requirement.
7. LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE TO THE OTHER, OR ANY OF THEIR
RESPECTIVE AGENTS, REPRESENTATIVES, EMPLOYEES FOR ANY LOST
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REVENUE, LOST PROFITS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES,
INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES,
LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE.
8. ASSIGNMENT AND MODIFICATION
8.1. Assignment: Host’s obligations under this Agreement may not be
assigned or transferred to any other person, firm, or corporation without
prior written consent of NWCCOG.
8.2. Transfer: Should Host choose to terminate ownership or operation of the
MMC, Host will advise NWCCOG and make all best efforts to transition
ownership and control of the MMC to an agreeable party who will either
assume the obligations of this Agreement, or otherwise contract with
NWCCOG and the Network Operator to ensure continuity of operations
and Services to NWCCOG and MMC subscribers. Pursuant to Sections
5.1 and 11.1, the Parties understand and agree that this Agreement may
not be transferred by the Host during the first three (3) years of its term,
unless the transferee agrees to comply with all terms, conditions and
obligations of this Agreement for the three (3) year term.
8.3. Modification: The Agreement may be modified only if the amendment is
made in writing and is signed by both Parties.
9. Confidentiality
9.1. Open Records: The Parties acknowledge that this Agreement is public
record within the meaning of the Colorado Open Records Act§ 24-72-
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202(6), C.R.S., and accordingly may be disclosed to the public. The
Parties agree to treat as confidential any records that constitute
proprietary or confidential information under State law, to the extent a
party makes the other party aware of such confidentiality. Each party shall
be responsible for clearly and conspicu ously stamping the word
"Confidential" on each page that contains confidential or proprietary
information and shall provide a brief written explanation as to why such
information is confidential under state law. If a party believes it must
release any such confidential records in the course of enforcing this
Agreement, or for any other reason, it shall advise the other party in
advance so that party may take appropriate steps to protect its interests.
If a party receives a demand from any person for disclosure of any
information designated by the other party as confidential, the party shall,
so far as consistent with Applicable Law, advise the other party and
provide the other party with a copy of any written request by the person
demanding access to such information within a reasonable time. Until
otherwise ordered by a court or agency of competent jurisdiction, the
Parties agree that, to the extent permitted by State law, it shall deny
access to any of the party's records marked confidential as set forth above
to any person. The party whose records are being withheld shall
reimburse the other party for all reasonable costs and attorney’s fees
incurred in any legal proceedings pursued under this Section.
10. FORCE MAJEURE
In the event either party is prevented or delayed in the performance of any of its
obligations under this Agreement by reason beyond the control of that party, it
shall have a reasonable time, under the circumstances, to perform the affected
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obligation under this Agreement or to procure a substitute for such obligation
which is satisfactory to the other party. Those conditions which are not within the
control of a party include, but are not limited to, natural disasters, civil
disturbances, defaults by other parties impacting the Network, work stoppages or
labor disputes, power outages, telephone network outages, and severe or
unusual weather conditions which have a direct and substantial impact on the
party’s ability to comply with this Agreement and which was not caused and
could not have been avoided by the party which used its best efforts in its
operations to avoid such results.
11. DEFAULT AND TERMINATION
11.1. Voluntary Termination: This Agreement can be terminated by either
party at any time with one hundred eighty (180) days written notice after
the initial three (3) year period.
11.2. Default by Host: The following shall constitute defaults by Host: Any failure
by Host to perform any covenant or obligation required by this Agreement
(other than the payment of fees due hereunder), and the failure to cure said
default within a period of thirty (30) days following written notice to Host of
said default. The failure to pay any fees due by Host shall be considered a
default if Host does not make payment in full within fourteen (14) days
following written notice to Host of such non-payment.
11.3. Default by NWCCOG: The following shall constitute default by
NWCCOG: The breach of any promise or covenant of NWCCOG made
herein which shall continue and not be cured within thirty (30) days after
Host has given written notice to NWCCOG of such breach.
11.4. Remedy for Default of Host: Upon the occurrence of an event of default
with respect to Host, NWCCOG may at its election terminate this
April 16, 2019 - Page 22 of 69
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Agreement by written notice to Host of such election. NWCCOG may also
pursue such legal and equitable remedies for any breach by Host without
waiving the right to subsequently terminate this Agreement based on the
related event of default.
11.5. Remedy for Default of NWCCOG: Upon the occurrence of an event of
default with respect to NWCCOG, Host may at its election terminate this
Agreement by written notice to NWCCOG of such election. Host may also
pursue such legal and equitable remedies for any breach by NWCCOG
without waiving the right to subsequently terminate this Agreement based
on the related event of default.
11.6. Additional Remedies: These remedies are in addition to any special
remedies provided elsewhere in this Agreement and in addition to any
other rights or remedies now or subsequently existing at law, in equity, by
statue or otherwise.
12. NOTICE
All notices required or permitted to be given pursuant to this Agreement shall be
in writing and shall be deemed given when personally served or three (3) days
after deposit in the United States Mail, certified mail, return receipt requested,
and addressed to the following Parties or to such other addressee(s) as may be
designated by a notice complying with the foregoing requirements:
For Northwest Colorado Council of Governments:
Jon Stavney, Executive Director
249 Warren Avenue
Silverthorne, CO 80498
or via US Mail to
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P.O. Box 2308
Silverthorne, CO 80498
For Vail, Colorado:
Greg Clifton, Town Manager
75 S. Frontage Road
Vail, CO 81657
13. CONTRACT WITH INTERGOVERNMENTAL ENTITY
13.1. Annual Appropriation: Nothing in this Agreement shall be deemed or
construed as creating a multiple fiscal year obligation on the part of the
either party within the meaning of Colorado Constitution Article X, Section
20, or any other constitutional or statutory provisions. Each party’s fiscal
obligations hereunder are expressly conditional upon annual appropriation
by its respective governing body, in its sole discretion. The Parties
understand and agree that any decision by a governing body to not
appropriate funds for payment shall result in termination of this
Agreement. If a MMC Host is not going to appropriate funds for its next
fiscal year to continue under this Agreement, it shall utilize best efforts to
advise the NWCCOG of the intent not to appropriate by October 1st of
each year.
13.2. Governmental Immunity: No term or condition of this Agreement shall be
construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions, of the Colorado
Governmental Immunity Act, C.R.S. 24-10-101 et seq., or any other
Applicable Law, as now or hereafter amended.
14. MISCELLANEOUS PROVISIONS
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14.1. Entire Agreement: This Agreement and all Exhibits represent the entire
agreement between the Parties and there are no other promises or
conditions in any other agreement whether written or oral. This Agreement
supersedes any prior written or oral agreements between the Parties.
14.2. Severability: If any provision of this Agreement is invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Agreement is invalid
or unenforceable, but that by limiting such provision it would become valid
and enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
14.3. Governing Law: This Agreement shall be governed by and construed in
accordance with the Laws of the State of Colorado, and Applicable Law.
14.4. Jurisdiction: Venue for any judicial dispute between the Parties arising
under or out of this Agreement shall be in District Court in the county
where at least one of the parties resides.
14.5. Authority to Execute: The individual executing this Agreement
represents and warrants that he or she is duly authorized to execute and
deliver this Agreement on behalf of such party, and this Agreement is
binding upon such party in accordance with its terms.
14.6. Waiver: The failure of either party to enforce any provision of this
Agreement shall not be construed as a waiver or limitation of that party’s
right to subsequently enforce and compel strict compliance with every
provision of this Agreement. Both the NWCCOG and Host expressly
reserve all rights they may have under law to the maximum extent
possible, and neither the NWCCOG nor Host shall be deemed to have
waived any rights they may now have or may acquire in the future by
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entering into this Agreement.
14.7. No Joint Venture: The relationship between NWCCOG and Host shall
not be that of partners, agents, or joint ventures for one another, and
nothing contained in this Agreement shall be deemed to constitute a
partnership or agency agreement between them for any purposes.
NWCCOG and Host, in performing any of their obligations hereunder,
shall be independent contractors or independent parties and shall
discharge their contractual obligations at their own risk subject, however,
to the terms and conditions hereof.
14.8. Network Transport pricing on the Network may be billed to each MMC for
incoming and outgoing Transport Packets. Billing for Transport may be
determined by the Project THOR Steering Committee prior to each three-
year renewal period of this agreement.
14.9. Survival: Any provision of this Agreement, which by its nature extends
beyond the term hereof or which is required to ensure that the parties to
fully exercise their rights and perform their obligations hereunder shall
survive the expiration or termination of this Agreement for any cause
whatsoever.
14.10. Headings: Headings used in this Agreement are provided for
convenience only and will not be used to construe meaning or intent.
14.11. No Ability to Bind Other Party: Neither Party will have the authority to
bind the other by contract or otherwise or make any representations or
guarantees on behalf of the other. The relationship arising from this
Agreement will be and will at all times remain that of an independent
April 16, 2019 - Page 26 of 69
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contractor, and does not constitute an agency, joint venture, partnership,
employee relationship or franchise.
NORTHWEST COLORADO COUNCIL OF GOVERNMENTS
By:
Jon Stavney, Executive Director Date
Vail, Colorado
By:
Greg Clifton, Town Manager Date
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EXHIBIT A- OPTIONAL BANDWIDTH R ATES
Optional bandwidth can be purchased directly from the Network Operator from which
NWCCOG has negotiated the following combined bulk rate (bulk rate is calculated by
the total aggregation of all contracted parties) of:
IP Transit Tier MRC Price / Mbps
1Gbps To 2Gbps $0.75
2Gbps To 5Gbps $0.70
5Gbps To 10Gbps $0.60
10Gbps To 15Gbps $0.50
15Gbps To 20Gbps $0.48
20Gbps To 30Gbps $0.45
30Gbps To 40Gbps $0.40
40Gbps To 50Gbps $0.35
50Gbps To 60Gbps $0.33
60Gbps To 70Gbps $0.30
70Gbps To 80Gbps $0.28
80Gbps To 90Gbps $0.26
90Gbps To 100Gbps $0.25
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EXHIBIT B-NETWORK (Diagram)
April 16, 2019 - Page 29 of 69
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Exhibit C-Service Level Agreement
This Service Level Agreement (SLA) establishes Network Operator network
performance and service level metrics for the Network. The NWCCOG has contracted
with the Network Operator for its performance under the SLA described below, and
each MMC Host is a third-party beneficiary to, and may independently enforce the terms
of the SLA with the Network Operator with respect to the Services it purchases from the
Network Operator.
This Service Level Agreement (SLA) establishes the Network Operator’s network
performance and service level metrics for the Network. When the Network fails to
deliver a standard of performance (as established in the Table below), the Network
Owner shall be eligible for a corresponding credit. All Service Outages, service
impacting and non-impacting situations, and potential Service Level credits, will be
handled according to the guidelines and priorities as defined and set forth in this SLA,
and which may be subject to change from time to time with written notice.
Network Performance:
Upon Effective Date, in the event Network Operator suffers a network outage outside of
events defined as Force Majeure, planned outage or scheduled network maintenance,
then Network Operator and Network Owner will adhere to the guidelines set forth in this
Exhibit.
April 16, 2019 - Page 30 of 69
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Monthly Service Availability Percentage and Outage Credits are as follows:
Monthly Service Availability
Percentage
Outage credit %
Upper Level Lower Level % of MRC credit per affected
and Network Operator
authorized Customer
100% >=99.9% 0%
<99.9% >=99.5% 5%
<99.5% >=99.0% 10%
<99.0% >=95.0% 25%
<95.0% >=90.0% 50%
<90.0% >=00.0% 100%
Network Operator will be responsible for ensuring the Network functions at or above the
Service Levels outlined in the preceding table, by performing the duties and
responsibilities outlined in the SOW. Any outage not directly related to Network
Operator’s duties and responsibilities will not constitute an outage credit between
Network Owner and Network Operator.
The length of each outage will be calculated in full minutes for the p urposes of
determining outage credits. The existence and end of each outage will be determined
by Network Operator in good faith based on network tests performed by Network
Operator. Under no circumstances will network tests performed by MMC Host or
April 16, 2019 - Page 31 of 69
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Network Owner without collaboration with Network Operator be considered valid
measurable criteria for outage determination for the purposes of establishing outage
credit. In the event that the parties disagree as to the accuracy of Network Operator’s
test results, the parties shall work together to identify an independent entity to verify test
results.
Transparency: In the case of any outage or disruption of Service on the Network,
Network Operator shall promptly notify the Network Owner, MMC Hosts, and customers
with details of the outage and when Service is expected to be restored. Network
Operator may also make such outage information available electronically.
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EXHIBIT D-MEET ME CENTER EQUIPMENT SPECIFICATIONS
Project THOR MMC Host Requirements
Physical Space for Equipment
MMC Host must provide adequate space for THOR Equipment
THOR equipment will require up to 10 Rack Units of Space
MMC Host to provide space for Anchor Institution and ISP equipment as
needed
2 x 19” racks would be preferred
Entrance conduits
MMC Host must provide entrance conduits and related infrastructure for
THOR middle mile connection
For sites where fiber build is required, the entrance conduits must be
installed from equipment room to property line
For sites where lit services will be used, underlying carrier requirements
will be applicable and likely to include conduit to property line, as well as
space and power for underlying carrier equipment
HVAC
MMC Host is responsible for maintaining proper environmental controls to
ensure the longevity of the THOR equipment
Proper temperature controls should maintain an ambient temperature of
no more than 80 degrees Fahrenheit
Access Control
MMC Host to provide secure access to equipment room
Only authorized personnel should be granted access
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MMC Host to provide 24/7 procedure for access by Network Operator
MMC Host to provide 24/7 procedure for access by Colocators
Power
MMC Host must provide adequate commercial power for THOR
Equipment
20Amp, 120VAC dedicated power circuit minimum
Backup provisions in case of commercial power outage
Uninterrupted Power Supply (UPS)
Used to bridge power from time of outage to generator
power
Generator with automatic transfer switch capable of providing
power to equipment room during loss of commercial power
Land use/easements/lease
MMC Host must ensure that the equipment space provided has the proper
use, zoning, and easements in place for allowing the use by NWCCOG
and Project THOR
No additional compensation will be provided by NWCCOG for use of
space
Colocation
MMC Host shall make available space for ISPs to locate equipment and
connect to THOR within the MMC
MMC Host to make available entry/exit conduits for delivery of services
out of the MMC
MMC Host to make available roof space (if possible) for locating ISP
wireless equipment and/or wireless equipment to connect Community
Anchor Institutions
April 16, 2019 - Page 34 of 69
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : E ast Meadow D rive and Main Vail S outh R oundabout P aver Apron Contract
Award
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove construction contract award
B AC K G RO UND: T he Town of Vail has budgeted for the replacement of snowmelt tubing in E ast
Meadow Drive f rom Village Center Drive to W illow B ridge Road and for a paver landscape apron
within the center island of the Main Vail S outh Roundabout.
S TAF F RE C O M M E ND AT I O N: Award Contract to United Companies
AT TAC H ME N TS :
Description
Memo
April 16, 2019 - Page 35 of 69
To: Vail Town Council
From: Public Works Department
Date: April 16, 2019
Subject: East Meadow Drive Snowmelt Replacement & Main Vail South Roundabout
Paver Apron
I. SUMMARY
The Town of Vail budgeted this year for the replacement of the snowmelt in a section of
East Meadow Drive from Village Center Drive to Willow Bridge Road. This is the final
remaining section of East Meadow Drive that will replace the snowmelt tubing that is
currently within a sand/cement bedding with snowmelt within concrete instead to better
accommodate the heavy bus traffic. This project is schedule to begin April 22 and be
complete by June 1st.
The Town of Vail also budgeted to add a paver apron within the center island of the
Main Vail (Vail Town Center) south roundabout. This paver apron will enhance the
aesthetics, protect the edge of the landscaped island from trucks and maintenance
vehicles, and reduce water usage by reducing lawn area. This project is also schedule
to begin April 22 and be complete prior to June 1st.
Both projects were publically bid together. The town received two bids;
United Companies $710,460.00
Icon, Inc $973,038.18
Both bids are within budget.
II. RECOMMENDATION
Town staff recommends awarding the project to United Companies and directing the
Town Manager to enter into a contract, as approved by the town attorney, in an amount
not to exceed 711,000 with United Companies.
April 16, 2019 - Page 36 of 69
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : O rdinance No. 6, Series of 2019, F irst Reading, A n Ordinance Granting a
F ranchise to Holy Cross Energy
P RE S E NT E R(S ): Greg Hall, P ublic Works & Transportation Director
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny
Ordinance No. 6, S eries of 2019 upon f irst reading
B AC K G RO UND: T he Town of Vail and Holy C ross E nergy have been partners in an E lectric
Utility Franchise A greement since F ebruary 27, 1979. That agreement was renewed on May 4,
1999 to expire this May. T he f ranchise fee is currently set at 3%, which is consistent with other
municipalities with whom Holy Cross Energy has franchise agreements with. T he proposed
f ranchise agreement increases the franchise f ee to 4%. T he additional revenue generated from
this increase will assist with undergrounding of overhead electric and other utility lines. Public
notice requirements for franchise agreements have been met by Holy C ross.
S TAF F RE C O M M E ND AT I O N: Approve, approve with amendments or deny Ordinance No. 6,
S eries of 2019 upon f irst reading
AT TAC H ME N TS :
Description
Ordinance N o. 6 S eries of 2019
April 16, 2019 - Page 37 of 69
1
ORDINANCE NO. 6
SERIES 2019
AN ORDINANCE OF THE TOWN OF VAIL, EAGLE COUNTY, COLORADO
GRANTING A FRANCHISE TO HOLY CROSS ENERGY, ITS SUCCESSORS AND ASSIGNS,
TO LOCATE, BUILD, INSTALL, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND,
MAINTAIN, REPAIR AND OPERATE INTO, WITHIN AND THOUGHT THE TOWN OF VAIL,
ALL NECESSARY AND CONVENIENT FACILITIES FOR THE PURCHASE, GENERATION,
TRANSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY, AND TO FURNISH, SELL
AND DISTRIBUTE SAID ELECTRICAL ENERGY TO THE RESIDENTS OF THE TOWN OF
VAIL FOR LIGHT, HEAT, POWER AND OTHER PURPOSES BY MEANS OF CONDUITS,
CABLES, POLES AND WIRES STRUNG THEREON, OR OTHERWISE ON, OVER, UNDER,
ALONG, ACROSS AND THROUGH ALL STREETS AND OTHER PUBLIC WAYS IN SAID
TOWN OF VAIL, AND SETTING FORTH DETAILS THERETO
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The Franchise Agreement is hereby approved in the following for:
TABLE OF CONTENTS
SHORT TITLE
1.1
DEFINITIONS
2.1 Town
2.2 Company
2.3 Council
2.4 Facilities
2.5 Public Easements
2.6 Private Easements
2.7 Residents
2.8 Revenues
2.9 Streets and Other Public Ways
GRANT OF FRANCHISE
3.1 Grant of Right to Serve
3.2 Scope of Grant
3.3 Service to Town Facilities
3.4 Duration of Franchise
3.5 Periodic Review
SPECIFIC ELEMENTS OF GRANT
4.1 Recreational Areas
4.2. Trees and Shrubs
4.3 Location of Company's Facilities
4.4 Restoration of Public and Private Improvements
4.5 Use of Facilities
4.6 Relocation of Overhead Facilities
April 16, 2019 - Page 38 of 69
2
4.7 Compliance with Town Requirements
4.8 Town Review of Construction and Design
4.9 Capital Improvement Projects
4.10 Maintenance of Facilities
4.11 Town Not Required to Advance Funds
4.12 Scheduled Interruptions
RATES, REGULATIONS, UNIFORMITY OF SERVICE, AND UPGRADES
5.1 Furnishing Electrical Energy
5.2 Facility Upgrades
5.3 Reliable Supply of Electricity
5.4 Changes in Rates and Service
5.5 Maps and Regulations
5.6 Subdivision Review
5.7 Compliance with Laws
USE OF COMPANY FACILITIES
6.1 Use of Poles by Town
INDEMNIFICATION AND POLICE POWER
7.1 Town Held Harmless
7.2 Police Power Reserved
FRANCHISE FEE
8.1 Franchise Fee
8.2 Franchise Fee Payment in Lieu of Other Fees
8.3 Payment
8.4 Revenue Audit
8.5 Correction of Underpayment/Overpayment
8.6 Occupancy Tax Alternative
8.7 Payment of Expenses Incurred by Town in Relation to Ordinance
8.8 Termination of Franchise
REPORTS
9.1 Reports
9.2 Change of Franchise Fee
9.3 Copies of Tariffs
ADMINISTRATION
10.1 Amendments
10.2 Revocation of Privileges by Condemnation
10.3 Compliance Impaired
10.4 Company's Failure to Perform
10.5 Ownership of Facilities
10.6 Transfer of Rights
10.7 Removal of Facilities
10.8 Non-renewal of Franchise; Alternative Electric Service
COMMUNITY ENHANCEMENT FUND
April 16, 2019 - Page 39 of 69
3
11.1 Purpose
11.2 Payments to the Fund
11.3 The Fund
11.4 Payments from the Fund
11.5 Audits
11.6 Forfeiture of Enhancement Funds
11.7 Advances of Funds
UNDERGROUNDING
12.1 Town Policy
12.2 Customer's Request
12.3 Town Requested Undergrounding
12.4 Relocation of Underground Facilities
RENEWABLE ENERGY
13.1 Renewable Energy Goals
MISCELLANEOUS
14.1 Changes in Utility Regulation
14.2 Successors and Assigns
14.3 Representatives
14.4 Severability
14.5 Entire Agreement; Repeal
14.6 Non Waiver
14.7 No Third-party Beneficiaries
APPROVAL
15.1 Town Approval
15.2 Company Approval
ARTICLE 1
SHORT TITLE
1.1This Ordinance shall be known and may be cited as the “Holy Cross Energy, Franchise
Ordinance.”
ARTICLE 2
DEFINITIONS
For the purpose of this Franchise Ordinance (the “Franchise”), the following terms shall have
the meaning given herein:
2.1 “Town” is the Town of Vail, Eagle County, Colorado, the municipal corporation as now
constituted or as the same may be enlarged or expanded from time to time through annexation.
2.2 “Company” refers to Holy Cross Energy, a Colorado corporation, its successor and assigns.
April 16, 2019 - Page 40 of 69
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2.3 “Council” refers to the legislative body of the Town, known as the Town Council of the Town
of Vail, Colorado.
2.4 “Facilities” refers to all overhead and underground electric facilities, buildings, and structures
necessary to provide electricity into, within and through the Town of Vail including, but not
limited to, such essential apparatus, appliances, plants, systems, substations, works,
transmission and distribution lines and structures, anchors, cabinets, cables, conduits, guy
posts and guy wires, meters, microwave and communication facilities, overhead and
underground lines, pedestals, poles, regulators, sectionalizes, switchgears, transformers,
various pad mounted and pole mounted equipment, vaults, wires, and all other related electrical
equipment required for the distributions, generation, maintenance, operation, purchase, and
transmission of electrical energy.
2.5 “Public Easements” refers easements created and available for use by any public utility for
its Facilities.
2.6 “Private Easements” refers to easements created and available only for use by the
Company for its Facilities, or by the Company and other selected users or utilities.
2.7 “Residents” refers to and includes all persons, businesses, industry, governmental agencies,
and any other entity whatsoever, presently maintaining a residence, business, farm, ranch, or
other enterprise located within, in whole or in part, the boundaries of the Town.
2.8 “Revenues”, unless otherwise specified, refers to and are the gross amounts of money that
the Company actually received from its customers within the Town from the sale of electrical
energy for any particular period.
2.9 “Streets and Other Public Ways” refers to streets, alleys, viaducts, bridges, roads, lanes and
other public way in the Town, subject to limitations stated herein.
ARTICLE 3
GRANT OF FRANCHISE
3.1 Grant of Right to Serve. Subject to the conditions, terms and provisions contained in this
Franchise, the Town of Vail hereby grants to the Company the non-exclusive right, privilege and
authority to locate, build, install, construct, acquire, purchase, extend, maintain, repair and
operation into, within and thought all of the Town boundaries all necessary and convenient
Facilities for the purchase, generation, transmission, and distribution of electrical energy. Such
grant is made together with the non-exclusive right and privilege to furnish, sell, and distribute
said electrical energy to the Residents of the Town for light, heat, power and other purposes in
accord with Company’s Colorado Public Utilities territory certification.
April 16, 2019 - Page 41 of 69
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3.2 Scope of Grant. Such grant includes the right and obligation to furnish electrical energy
either overhead, on poles and wires, or underground, or otherwise, on, over, under, along,
across and through any and all Streets and Other Public Ways, on, over, under, along, across
and through any extension, connection with, or continuation of, the same and/or on, over, under,
along, across and through any and all such new Streets and Other Public Ways as may be
hereafter laid out, opened, located, or constructed within the boundaries of Town. The
Company is further granted the right, privilege and authority to excavate in, occupy and use any
and all Streets and Other Public Ways and Public Easements. Any such excavation, occupation
and use must be in accordance with Town standards and regulations, subject to any required
Town permits, and will be undertaken under the supervision of the properly constituted authority
of the Town for the purpose of bringing electrical energy into, within and through the Town and
supplying electrical energy to the Residents.
3.3 Service to Town Facilities. The Town hereby grants to the Company the exclusive right,
privilege, and authority to provide street and security lighting to the Town, and to serve all Town
owned or operated structures, plants, equipment, or Town apparatus and Facilities, including
the right, privilege, and authority to furnish, sell, and distribute electrical energy necessary for
such.
3.4 Duration of Franchise. This Franchise shall be in full force and effect on the first day of the
month following the date this Franchises finally approved by the Town Council of the Town of
Vail (the :Effective Date”), and the terms, conditions and covenants hereof shall remain in full
force and effect for a period of twenty (20) years from the Effective Date.
3.5 Periodic Review. Consistent with Section 12.5 of the Town of Vail Charter, five (5) years
from the Effective Date, and every five (5) years thereafter until the end of the term as defined
herein, the Town may review the terms of this Franchise. The Town shall notify the Company in
writing no later than one hundred eighty (180) days before each five (5) year anniversary of the
Effective Date if it desires to seek to amend the Franchise. The five (5) year periodic review
shall not affect the twenty (20) year duration of the Franchise as set forth in Section 3.4 above.
ARTICLE 4
SPECIFIC ELEMENTS OF GRANT
4.1 Recreational Areas. The Company shall not have the right to locate, build, or construct
Facilities under, across, or through public parks or recreational areas, open space or other
Town owned property located within the town except as expressly set forth in this Franchise or
April 16, 2019 - Page 42 of 69
6
upon prior written approval granted by the Town Council. Said approval shall not be
unreasonably withheld.
4.2 Trees and Shrubs. The Company shall have the right to trim or cut down such trees and
shrubbery and to control the growth of the same by chemical means, machinery, or otherwise,
only as may be reasonably necessary to protect its Facilities and in a manner to minimize
damage or interference to trees, shrubbery and other natural features according to custom and
usage within the utilities Industry.
4.3 Location of Company’s Facilities. Wherever reasonable and practicable, the Company will
endeavor to install its Facilities within Public Easements. The Company shall locate its facilities
within the Town so as to cause minimum interference with any of the Town’s Facilities or
property, including without limitation water lines sewer lines, storm drains, and the proper use of
Streets and Other Public Ways, and so as to cause minimum interference with the rights or
reasonable convenience of property owners whose property adjoins any of the said Street and
Other Public Ways.
4.4 Restoration of Public and Private Improvements. Should it become necessary for the
Company, in exercising its rights and performing its duties hereunder, to interfere with any
sidewalk, graveled or paved street, road, alley, water line, sewer line, storm drain, or any other
public or private improvement, the Company shall at its own expense and in quality workmanlike
manner, repair or cause to be repaired and restored to its original condition such sidewalk,
graveled or paved street, road, alley, water line, sewer line, storm drain, or other public or
private improvement after the installation of its facilities, provided, however, that upon failure of
the Company to do such required repairs within a reasonable time and in a workmanlike
manner, the Town may perform the required work and charge the Com pany for all reasonable
costs thereof.
4.5 Use of Facilities. The Company shall have the right to make such use of its Facilities and
any property owned by the Company, for uses other than the uses contemplated in this
Franchise, as it deems proper so long as such other uses do not interfere with its ability to
supply electrical energy.
4.6 Relocation of Overhead Facilities. If at any time it shall be necessary to change the position
of any overhead electrical Facilities of the Company to permit the Town to lay, make or change
street grades, pavements, sewers, water mains, storm drains, or other Town works, such
changes shall be made by the Company at its own expense, after reasonable notice from the
Town.
April 16, 2019 - Page 43 of 69
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4.7 Compliance with Town Requirements. The Company shall comply with all Town
requirements regarding curb and pavement cuts, excavating, digging and related construction,
maintenance and operational activities, including obtaining Town permits as required therefore.
If requested by the Town, the Company shall submit copies of reports of annual and long-term
planning for capital improvement projects with descriptions of required street cuts, excavation,
digging, and related construction activities within thirty (30) days after issuance of such request.
4.8 Town Review of Construction and Design. Prior to construction of any significant Facilities
within the Town, as determined jointly by the Company and Town, the Company shall furnish to
the Town the plans for such proposed construction. Upon request, the Company shall assess
and 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 alia, (1) that all applicable lawns
including building and zoning codes, air and water pollution regulations are complied with, (2)
that aesthetic and good planning principles have been given due consideration, and (3) that
adverse impact on the environment has been minimized.
4.9 Capital Improvement Projects. The Company and the Town shall endeavor to inform one
another of any capital improvement projects anticipated within the Town that may impact the
facilities or operations of either party. The party proposing such capital improvements shall
inform the other party of the nature of such improvements within a reasonable time after plans
for such improvements have been substantially formulated. Each party shall cooperate in the
timely exchange of all necessary information, design data, drawings, and reports to properly
assess and evaluate the potential impacts of said improvements.
4.10 Maintenance of Facilities. The Company shall install, maintain, repair, replace, and
upgrade its Facilities to ensure both the adequacy of, and quality of, electric service to the Town
and all Residents. All excavation and construction work done by or under the authority of the
Company shall be done with necessary Town permits in a timely and expeditious manner which
minimizes the inconvenience to the Town and all Residents.
4.11 Town Not Required to Advance Funds. Upon receipt from the Town of an authorization to
proceed, and a promise to pay for construction, the Company shall extend its Facilities to the
Town for municipal uses therein for any municipal facility outside the boundaries of the Town
and within the Company’s certificated service area, without requiring the Town to advance funds
prior to construction.
4.12 Scheduled Interruptions. The Company shall, whenever possible, give notice, either
electronic, oral or written, to the Town and its affected Residents, of planned service
interruptions of significant duration.
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ARTICLE 5
RATES, REGULATIONS, UNIFORMITY OF SERVICE, AND UPGRADES
5.1 Furnishing Electrical Energy. The Company shall furnish electrical energy within the
boundaries of the Town, and to the Residents thereof at Company’s applicable and effective
rates and under the terms and conditions set forth in the Rate Schedules, Standards for
Service, Rules and Regulations, and Service Connection and Extension Policies, adopted by
and on file with the Company, subject only to regulations thereof as is provided by law. The
Company shall not, as to rates, charges, service, Facilities, rules regulations or in any other
respect, make or grant any preference or advantage to any resident, provided that nothing in
this grant shall be taken to prohibit the establishment from time to time of graduated scale of
charges and classified rate schedules to which any customer coming within an established
classification would be entitled.
5.2 Facility Upgrades. The Company shall, from time to time, during the term of this Franchise
make such improvements, enlargements and extensions of its Facilities incorporating, when
reasonable and practical, technological advances within the utilities industry as the business of
the Company and the growth of the Town justify, in accordance with its Standards for Service,
Rules and Regulations, and Service Connection and Extension Policies for electric service
currently in effect and on file with the Company, subject only to regulations thereof as it provided
by state and federal law.
5.3 Reliable Supply of Electricity. The Company shall take all reasonable and necessary steps
to provide an adequate supply of electricity to its customers at the lowest reasonable cost
consistent with long-term reliable supplies. If the supply of electricity to its customers should be
interrupted, the Company shall take all necessary and reasonable actions to restore such
supply within the shortest practicable time.
5.4 Changes in Rates and Service. The Company, from time to time, may promulgate such
rules, regulations, terms and conditions governing the conduct of its business, including the use
of electrical energy and payment therefor, and the interference with, or alteration of any of the
Company’s property upon the premises of is customers and the proper measurement thereof
and payment therefor.
5.5 Maps and Regulations. The Company shall, submit copies of its and maps of its Facilities
within the Town boundaries to the Town Clerk; and the Company has posted on its website its
Standards for Service, Service Connection and extension Policies, Rules and Regulations. All
changes in such maps shall be submitted to the Town as the same may from time to time occur.
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The Town shall submit copies of its map of its Town boundaries and changes to the boundaries
to the Company.
5.6 Subdivision Review. The Company shall analyze any subdivision plats or planned unit
development plans submitted to it by the Town and respond to any request by the Town for
information regarding the adequacy of its Facilities necessary to service such proposed plat or
plan and answer any other questions posed to the Company by the Town regarding said planar
plans as are within the knowledge of the Company. The Company shall respond to said
requests or questions within reasonable time limits set by the Town’s Subdivision Regulations.
5.7 Compliance with Laws. The Company shall comply with all County, State or Federal laws,
rules and regulations, ordinance or resolutions related to the subject matter hereof.
ARTICLE 6
USE OF COMPANY FACILITIES
6.1 Use of Poles by Town. The Town shall have the right, without cost, to jointly use all poles
and suitable overhead structures within Town for the purposed of stringing wires thereon for any
reasonable Town authorized use; which use shall not include the distribution or transmission of
electricity; provided, however, that the Company shall assume no liability, nor shall it be put to
any additional expense, in connection therewith, and said sue shall not interfere in any
unreasonable manner with the Company’s use of same, or the use thereof by the Company’s
permittees, licensees, or other existing users of its Facilities. Use of Facilities hereunder by the
Town shall not apply to Town’s licensees, permittees and franchisees. The Company agrees to
permit Town licensees, permittees and franchisees, except those holding an electric utility
franchise or license from the Town, to use its Facilities upon reasonable terms and conditions to
be contractually agreed upon with the Company, in writing.
ARTICLE 7
INDEMNIFICATION AND POLICE POWER
7.1 Town Held Harmless. The Company shall indemnify, defend and save the Town, its officers
and employees, 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 Franchise and hall pay all reasonable expenses arising therefrom. The Town
shall provide prompt 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
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Company shall be permitted, at its own expense, to appear and defend or to assist in defense of
such claim. In the event a claim or claims for injury or damage is brought against the Company,
and such shall include a claim of responsibility against the Town, both parties shall defend the
respective claim or claims brought against each, and each shall be responsible for its own
attorney’s fees during the pendency and continuation of any such action or proceeding. At the
conclusion of the litigation or proceeding, whether by settlement, dismissal, order of court or
administrative agency, or otherwise, if a determination is made that the Town is in no way
responsible for the claim or claims, or that the Company is solely responsible, the Company
shall promptly reimburse the Town for tis reasonable attorneys fees and costs incurred in
defending such claim or claims.
7.2 Police Power Reserved. The Company expressly acknowledges the Towns right to adopt,
from time to time, in addition to the provisions contained herein, such laws, including ordinances
and regulations, as it may deem necessary in the exercise of its governmental powers. The right
is hereby reserved to the Town to adopt from time to time, in addition to the provisions herein
contained, such ordinances as may be deemed necessary in the exercise of tis police power,
provided that such regulations hall be reasonable and not destructive of the rights here in
granted, and not in conflict with the laws of the State of Colorado, or with orders of other
authorities having jurisdiction in the premises.
ARTICLE 8
FRANCHISE FEE
8.1 Franchise Fee. In consideration for the grant of this Franchise, the Company shall pay to
the Town a sum equal to four-percent (4%) of its gross Revenues actually collected from the
sale of electricity within the boundaries of the Town (the “Franchise Fee”), but this Franchise
Fee may be reduced at any time by resolution of the Town Council to three-percent (3%) of the
Company’s gross Revenues collected from the sale of electricity within the boundaries of the
Town. Should the Franchise Fee be reduced to three-percent (3%), the Town may, at its option,
return the Franchise Fee to four-percent (4%) at any time upon resolution of the Town Council.
Electric revenues received from service to the Town facilities will not be assessed the Franchise
Fee under this section nor will the Town be paid the Franchise Fee from such revenues
collected from Town facilities. To the extent required by law, the Franchise Fee shall be
surcharged to the residents of the Town. The Franchise Fee is a surcharge in addition to any
charges specified in the Company’s tariffs and any applicable taxes.
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8.2 Franchise Fee Payment In lieu of Other Fees. The Franchise Fee paid 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 business.
8.3 Payment. Payment of the Franchise Fee shall be made by the Company to the Town on or
before thirty (30) days after the end of each quarter of each calendar year for the preceding
three (3) month period but shall be adjusted and prorated for the portions of the calendar
quarters at the beginning and at the end of this Franchise. All payments shall be made to the
Town Clerk.
8.4 Revenue Audit. For the purpose of ascertaining or auditing the correct amount to be paid
under the provisions of this Article, the Company shall file with the Town Clerk, or such other
official as shall be designated by the Town from time to time, a statement, in such reasonable
form as the town may require, showing the total gross receipts received by the Company from
the sale of electricity to Residents within the boundaries of the Town for the preceding three (3)
month period. The Town Clerk or any official appointed by the Town Council shall have access
to the books of said Company for the purpose of confirming the quarterly gross revenues
received from operations within said Town.
8.5 Correction of Underpayment/Overpayment. Should either the Company or the Town
discover either an underpayment or overpayment of the quarterly Franchise Fee, the party
making such discovery shall inform the other party within a reasonable time. If the error is
substantiated as an underpayment, the Company shall make payment of the deficiency within
thirty (30) days of the date the error was substantiated. If the error is substantiated as an
overpayment, a credit equal to the overpayment will be applied to the next quarterly Franchise
payment due the Town.
8.6 Occupancy Tax Alternative. In the event the said franchise fee levied herein should be
declared invalid and/or shall be set aside by a Court of competent jurisdiction, then, and in such
event, and in lieu thereof, the Town may thereafter levy an occupancy tax upon the Company,
not to exceed in any one calendar year the current Franchise Fee as set forth in Section 8.1
herein the Franchise Area for that calendar year. In the event the one-percent (1%) community
enhancement fee shall also be declared invalid and/or shall be set aside by Court of competent
jurisdiction, then the occupancy tax levied upon the Company by the Town shall be one-percent
(1%) higher than the current Franchise Fee. Such occupancy tax shall be adjusted for any
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Franchise Fees or enhancement fees previously paid to the Town in such calendar year. In the
event the Town shall enact such an occupancy tax, in lieu of the Franchise Fee and/or
enhancement fee levied hereunder, all of the remaining terms, conditions and provisions of this
Franchise shall remain in full force and effect for the period stated herein. Such occupancy tax
ordinance or enactment shall be designed to meet all legal requirements to ensure that it is not
construed as an income tax. Any alternative levy imposed by the Town shall only be valid if
such is surchargeable by the Company under the provisions of C.R.S. 40-3-106(4).
8.7 Payment of Expenses Incurred by Town in Relation to Franchise. At the Town’s option, the
Company shall pay in advance or reimburse the Town for expenses incurred for publication of
notices related to the enactment of this Franchise and for photocopying of documents during the
negotiations for, and processing of this Franchise.
8.8 Termination of Franchise. If this Franchise is terminated by either the Company or the Town
for whatever reason, or is declared null and void, all Franchise Fees or occupancy taxes levied
herein shall be suspended as of the date the Franchise is legally terminated. Final payment of
any Franchise Fee or occupancy tax owed and due the Town shall be made on or before thirty
(30) days after the date of the Franchise is legally terminated.
ARTICLE 9
REPORTING AND CHANCE IN FRANCHISE FEE
9.1 Reports. The Company shall submit reasonable and necessary reports containing, or based
upon, information readily obtainable from the Company’s books and records as the Town may
request with respect to the operations of the Company under this Franchise, and shall, if
requested, provide the Town with a list of real property within the Town which is owned by the
Company.
9.2 Change of Franchise Fee. The Company shall, upon request from the Town, notify the
Town Council of any changes in the Franchise Fee percentage made with other municipalities
served by the Company under a franchise within the State of Colorado. If the Town Council
decides the Franchise Fee percentage hereunder shall be changed, it shall provide for such
change by ordinance; provided, however, that any change in the Franchise Fee percentage
shall then be surcharged by the Company to the residents of the Town.
9.3 Copies of Tariffs. The Company has posted on its website its rate tariffs.
ARTICLE 10
ADMINISTRATION
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10.1 Amendments. At any time during the term of this Franchise, the Town through its Town
Council, or the Company, may propose amendments to this Franchise by giving thirty (30) days
written notice to the other party of the proposed amendment(s) desired, and both parties
thereafter, through their designated representatives, shall within a reasonable tie, negotiate in
good faith in an effort to agree upon a mutually satisfactory amendment(s). No amendment(s)
to the Franchise shall be effective until mutually agreed upon by the Town and the Company
and until all public notice requirements pursuant to Colorado statutes, and ordinance
requirements of the Town, have been met. This section shall not apply to Franchise Fee
changes under Article 9.
10.2 Revocation of Privileges by Condemnation. In the event, at any time during the term of this
Franchise, the Town shall condemn any of the Facilities of the Company within the boundaries
of the Town, and thereby revoke all or any part of the privilege and authority herein granted to
the Company to serve the Residents of the Town, then and in such event the Town shall pay to
the Company just compensation for such rights and Facilities by reason of such condemnation.
10.3 Compliance Impaired. Both the Company and the Town recognize there may be
circumstances whereby compliance with the provisions of this Franchise is impossible or is
delayed because of circumstances beyond the Company’s or Town’s control. In those
instances, the Company or Town shall use its best efforts to comply in a timely manner and to
the extent possible.
10.4 Company’s Failure to Perform. It is agreed that in case of the failure of the Company to
perform and carry out any of the stipulations, terms, conditions, and agreements herein set forth
in any substantial particular, wherein such failure is within the Company’s control and with
respect to which redress is not otherwise herein provided, the Town, acting through its Town
Council, may, after hearing, determine such substantial failure; and, thereupon, after notice
given the Company of such failure, the Company may have a reasonable time, not less than
ninety (90) days, unless otherwise agreed by parties, in which to remedy the conditions
respecting which such notice shall have been given. After the expiration of such time and the
failure to correct such conditions, the Town Council shall determine whether any or all rights and
privileges granted the Company under this Franchise shall be forfeited and may declare this
Franchise null and void.
10.5 Ownership of Facilities. All Facilities used or placed by the Company within the boundaries
of the Town shall be and remain the property of the Company.
10.6 Transfer of Rights. The Company shall not transfer or assign any rights under this
Franchise to a third party, excepting only corporate reorganizations of the Company, unless the
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Town shall approve in writing such transfer or assignment. Approval of the transfer or
assignment shall not be unreasonably withheld.
10.7 Removal of Facilities. Upon the expiration of this Franchise, if thereafter the Company
Facilities shall not be used for electric, telephone, or cable TV purposes for a period of twelve
(12) successive months, the Town shall have the option of having the Company remove such
Facilities or claim such Facilities as it owns. If the Town elects to have the Company remove
the Facilities, it shall give written notice to the Company directing it to remove such Facilities,
and the Company shall remove the same no later than ninety (90) days after the date of such
notice, unless the Company and the town agree to a longer period within which removal shall
occur. Any Facilities, either underground or overhead, remaining after such time that are not
expressly claimed by the Town shall be deemed to have been abandoned. Any cost incurred by
the Town in removing abandoned Facilities, and any liability associated with Facilities
abandoned by the Company shall be the liability of the Company. For any Facilities claimed by
the Town, any liability associated with such Facilities shall become the liability of the Town.
10.8 Non-renewal of Franchise: Alternative Electric Service. If this Franchise is not renewed, or
if it is declared null and void, or the Company terminates any service provided for herein for any
reason, and the Town has not provided for alternative electric service to the Residents of the
Town, the Company shall not remove its Facilities and shall be obligated to continue electric
service to the Residents until alternative electric service is provided. The Company will not
withhold any temporary services to protect the public.
Article 11
COMMUNITY ENHANCEMENT FUND
11.1 Purpose. The Company is committed to programs designed to make a difference in
people’s lives and the communities in which they reside. The Company shall voluntarily make
monetary resources available to the Town for such programs and/or activities (the “Fund”).
Programs for which the Fund shall be spent shall be limited to: (1) Beautification projects; (2)
Energy conservation projects; (3) Equipment and technology upgrades for schools; (4)
Scholarship funds; (5) Acquisition of open space and/or park land and development thereof; (6)
Sponsorship of special community events; (7) Undergrounding of overhead electric and other
utility lines. Fund money made available under this Article may be spent for other purposes only
with the express written consent of the Company. This program has been initiated solely by the
Company; the Town has not made the program a requirement for this Franchise. Funding for
this program is not a cost of doing business but is a voluntary contribution by the Company.
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11.2 Payments to the Fund. The Company shall make annual payments to the Fund equal to
one percent (1%) if its prior year’s gross Revenues, commencing with 2019 revenues, collected
from the sale of electricity within the boundaries of the Town. Said payments hall be made into
the Fund no later than February 15th of the year subsequent to the year in which the gross
Revenues are received by the Company.
11.3 The Fund. The Fund established by the Company shall be maintained in a bank account in
the name of the Town, but shall be maintained separately from all other funds and accounts
held by the Town.
11.4 Payments from the Fund. All payments from the fund shall be for projects described in
Section 11.1 hereof. Prior to any such expenditure, authorization to withdraw from the Fund
shall be given by resolution or ordinance duly enacted by the Town Council, and such resolution
or ordinance shall clearly describe the nature and purpose of the project for which the
expenditure is made. Prior to any expenditure, the Town shall notify the Company of its
intended use of the Fund. Unless the Company objects, in writing, prior to such expenditure, the
Company shall have waived its right to object if the Fund is expended for the use identified in
the notice.
11.5 Audits. The Town may audit the Company’s books related to gross Revenues collected
within the Town at any reasonable time and with reasonable prior notice. The Company may
audit the Fund account, expenditures from the Fund, and resolutions and ordinances
authorizing such expenditures at any reasonable time and with reasonable prior notice.
11.6 Forfeiture of Enhancement Fund. The Company shall have the express right to temporarily
suspend or terminate in full its annual contributions to the Fund if it is determined that’s funds
allocated and paid to the Town for the Fund are being, or have been, misappropriated,
administered with bias or discrimination, or for other inappropriate actions.
11.7 Advances of Funds. This Paragraph 11.7 applies only to the Fund identified for
undergrounding of overhead electric lines discussed in Paragraph 11.1 above. The Town shall
make all reasonable attempts to plan and budget us of the Fund without advancement of future
Funds. However, if the Town requests and the Company and the Town agree that is in the
mutual interest of both, the Company shall anticipate Fund amounts to be available for up to
three (3) years in advance. Both parties shall enter into a special agreement concerning the
advanced Fund. Any amounts advanced shall be credited against amounts to be expended in
succeeding years until such advances are eliminated.
Article 12
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UNDERGROUNDING
12.1 Town Policy. The Town has a policy that requires underground extension of new electrical
distribution lines to new development within the Town. Amendments thereto will be furnished to
the Company promptly after enactment by the Town. The Company shall extend its Facilities in
accordance with such policy and the subdivision regulations and other applicable ordinances of
the Town, but only subject to the provisions of the Company’s Line Extension Policy may be
amended from time to time, and other applicable Company rules and regulations, if any.
12.2 Customers Request. If a customer within the Town should request that new Facilities be
installed underground, or for the conversion of existing overhead Facilities to underground
Facilities, the Company shall proceed in accordance with its Line Extension Policy.
12.3 Town Requested Undergrounding. Except for the Company’s contributions to the
Community Enhancement Fund, which may be used by the Town to pay for the undergrounding
of the Company’s Facilities, any request, requirement imposed by resolution or ordinance, or
other communication from the Town to the Company, asking, or requiring the Company to
underground new Facilities or existing overhead Facilities, or move, remove, or replace existing
underground Facilities, shall be handled according to Section 12.4 herein and in accordance
with the provisions of the Company’s Line Extension Policy. The Town acknowledges receipt of
a copy of the policy.
12.4 Relocation of Underground Facilities. If the Town elects to change the grade of or
otherwise alter any Streets or Other Public Ways for a public purpose, as determined at the sole
legislative direction of the Town Council, unless otherwise reimbursed by federal, state or local
legislative act or governmental agency, the Company, upon reasonable notice from the Town,
shall remove and relocate its Facilities or equipment situated in the public rights-of-way, at the
sole cost and expense of the Company. Provided, however, nothing hereinabove shall be
construed to obligate the Company to pay for the removal and relocation of its Facilities where
such is at the request or demand of a person, or a public or private entity under circumstances
which require the party requesting or demanding the relocation to pay for the relocations under
other provisions hereof, or under the provisions of the Company’s Line Extension Policy.
Article 13
RENEWABLE ENERGY GOALS
13.1 Renewable Energy Goals. Holy Cross Energy has a commitment to Renewable Energy
that falls in line with the advanced goals of the Town of Vail. In the fall of 2018 Holy Cross
Energy announced a new SEVENTY70THIRTY plan. The SEVENTY70THIRTY plan has a goal
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to purchase 70% of all power sold from clean renewable resources by the year 2030. This
represents an increase from 39% renewables sourced at the time of the programs adoption.
Another goal of the SEVENTY70THIRTY program is to reduce the 2014 greenhouse gas
emissions associated with Holy Cross Energy’s power supply by 70% compared to 25% 2018.
Article 14
MISCELLANEOUS
14.1 Changes in Utility Regulation. In the event new legislation materially affects the terms and
conditions of the Franchise , the parties agree to renegotiate the affected terms and conditions
in good faith. The parties hereto acknowledge that regulatory and legislative changes in the
electric utility, gas utility and other energy industries are currently being discussed nationwide
and statewide; that some changes in utility industry sectors have already been implemented;
and that other changes may be made in the future, during the term of this Franchise. One
scenario is the implementation of open access to electric customers, and other energy
customers, making such customers available to all utilities, thus eliminating or limiting territorial
protections. Under this scenario one utility may contract to sell a type of energy to a customer,
while another utility transports the energy to the customer for a fee charged to the other utility or
the customer. The parties agree, that insofar as future changes in the utility laws will allow, the
Company shall always retain the right to bill customers for utility transportation services and
energy within the Town if it is the provider of either the energy product or the transportation of
such product. The parties agree that this will provide the most efficient and convenient utility
service to the Residents of the Town and provide assurance to the Town of the Franchise Fee
collection for each component charged for the sale and delivery of energy products within the
boundaries of the Town.
14.2 Successors and Assigns. Upon Written Approval of the Town, except when transfer is
permitted by Section 10.6 herein, the rights, privileges, franchises and obligations granted and
contained in this Franchise shall inure to the benefit of and be binding upon the company, its
successors and assigns.
14.3 Representatives. Both parties shall designate from time to time in writing representatives to
act as franchise agents for the Company and the Town. Such will be the persons to whom
notices shall be sent regarding any action to be taken under this Franchise 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
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either party. Until any such changes shall hereafter be made, notices shall be sent to the Town
Manager and to the Company’s, CEO. Currently the addresses for each are as follows:
For the Town: Town Manager
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
For the Company: Dr. Bryan Hannegan
Holy Cross Energy
P.O Drawer 2150
Glenwood Springs, CO 81602
14.4 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 provisions that will achieve the original intent of stricken provisions.
14.5 Entire Agreement; Repeal. This Franchise, when approved by the Company as set forth
below, constitutes the entire agreement of the parties. There have been no representatives
made other than those contained in this Franchise. This Franchise supersedes all prior
ordinances relating thereto, and any terms and conditions of such prior ordinances or parts of
ordinances in conflict herewith are hereby repealed. Ordinance No. 13 Series of 1999, of the
Town of Vail, Colorado, is hereby repealed as of the effective Date.
14.6 Non-Waiver. Any waiver of any obligation or default under this Franchise shall not be
construed as a waiver of any future defaults, weather of like or different character.
14.7 No Third-Party Beneficiaries. No provisions of this Franchise shall inure to the benefit of
any third person, including the public at large, so as to constitute any such person as a third-
party beneficiary of the agreement or any one or more of the items hereof, or otherwise give rise
to any cause of action for any person not a party hereto.
Article 15
APPROVAL
15.1 Town Approval. This grant of Franchise shall not become effective until approved by the
Town in accordance with its ordinance and the statues of the State of Colorado.
15.2 Company Approval. The Company shall file with the Town Clerk its written acceptance of
this Franchise and of all its terms and provisions within fifteen (15) business days after the final
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adoption of this Franchise by the Town. The acceptance shall be in the form and content
approved by the Town Attorney. If the Company shall fail to timely file its written acceptance as
herein provided, this Franchise shall become null and void.
Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 3. The amendment of any provision of the Vail Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of April, 2019 and a public
hearing for second reading of this Ordinance is set for the 7th day of May, 2019, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Publication Dates: April 1, 8, 15, 2019
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
April 16, 2019 - Page 56 of 69
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : F ord P ark 2019 Summer Managed P arking Program
P RE S E NT E R(S ): Greg Hall, P ublic Works & Transportation Director
AC T IO N RE Q UE S T E D O F C O UNC IL :
I nput and approval requested.
B AC K G RO UND: Each spring the summer activities and events calendar is reviewed by the
F ord P ark User Groups, including representatives f rom Town of Vail, Vail Recreation District, Vail
Valley F oundation (G R FA), Betty Ford A lpine Gardens, Bravo! Vail and Walking Mountain Science
Center (as operators of Vail Nature Center). T he proposed managed parking program calendar is
attached. The calendar may be subject to changes during the season.
AT TAC H ME N TS :
Description
Ford Park 2019 S ummer Parking Program Calendar
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DRAFT
FORD PARK
2019 Summer Parking Calendar
revised 4/8/2019
Page 1
A B C D
Dates
Event Name
* indicates use of the "Nest"
PROPOSED
Timeframe
Paid Parking
Amphitheater = RED
BFAG = BLUE
Dance Festival = Green
VVF: Purple
* managed = not paid
May 2019
Monday, May 13 Master Workshop: Growing Your Roots 10:00 a.m. - 12:00 p.m.NA
Wednesday, May 15 Rehearsal VMS Graduation
Thursday, May 23 Butterfly Launch 10:00 a.m. - 2:00 p.m.NA
Friday, May 24 Vail Mountain School Graduations
(3:00 p.m. to 6:00 p.m.)
1:00 PM - 6:00 PM Managed Parking
Saturday, May 25 Ski & Snowboard Club Vail Graduation
(8 am - 5 pm)
8:00 AM - 5:00 PM Managed Parking
Friday, May 31 Rehearsal BMHS Graduation Practice NA NA
June 2019
Saturday, June 1 Battle Mountain High School Graduation
(12:30pm-4:30pm)
8:00 AM- 5:00 PM Managed Parking
Thursday, June 6 Mountain Games
Borgen Plaza Reception
5:30 PM Managed Parking
Friday, June 7 Mountain Games 5:30 PM Managed Parking
Saturday, June 8 Mountain Games 5:30 PM Managed Parking
Tuesday, June 11 Hot Summer Nights #1 5:00 pm - 8:00 pm Paid Parking
Wednesday, June 12 Colorado Childrens Chorale 5:00 pm - 8:00 pm Managed Parking
Thursday, June 13 AEG Hold
Friday, June 14 King of the Mountain Volleybll Tournament
Workshop:Trough Planting w Dominque Turnbull &
Alpine Plant Sale
7:00 a.m. - 7:00 p.m.
9:00 AM - 5:00 PM
Paid Parking - athletic field event
promoter
Saturday, June 15 King of the Mountain Volleybll Tournament 7:00 AM - 7:00 PM Paid Parking - athletic field event
promoter
Sunday, June 16 King of the Mountain Volleybll Tournament 7:00 AM - 7:00 PM Paid Parking - athletic field event
promoter
Monday, June 17 Vail Lacrosse Tournament *7:00 AM - 7:00 PM Paid Parking
Tuesday, June 18 Vail Lacrosse Tournament *
Borgen Plaza Reception
Hot Summer Nights Hold
7:00 AM - 7:00 PM Paid Parking
Wednesday, June 19 Vail Lacrosse Tournament *7:00 AM - 7:00 PM Paid Parking
Thursday, June 20 Bravo! Vail Chamber Orchestra Vienna-Berlin (COVB)*
Opening Night w Reception
3:30 PM - 6:30 PM Paid Parking
Saturday, June 22 Bravo! Vail COVB*3:30 PM - 6:30 PM Paid Parking
Sunday, June 23 Bravo! Vail COVB*3:30 PM - 6:30 PM Paid Parking
Tuesday, June 25 Hot Summer Nights 5:00 PM - 8:00 PM Paid Parking
Wednesday, June 26 Bravo! Vail Free Family Concert 5:00 pm - 8:00 pm Managed Parking
Thursday, June 27 Member Breakfast and Roots Grand Opening 9:00 a.m. - 12:00 p.m. NA
Friday, June 28 Bravo! Vail Dallas Symphony (DOS)*
Opening Night w Reception
3:30 PM - 6:30 PM Paid Parking
Saturday, June 29 Vail Lacrosse Shoot Out (LSO) *
Bravo! Vail DOS
7:00 AM - 7:00 PM Paid Parking
Sunday,June 30 Vail Lacrosse Shoot Out (LSO)*
Bravo! Vail DOS
7:00 AM - 8:00 PM Paid Parking
July 2019
Monday, July 1 Vail Lacrosse Shoot Out (LSO)*
Bravo! Vail DOS*
7:00 AM - 7:00 PM Paid Parking
Tuesday, July 2 Vail Lacrosse Shoot Out (LSO)*
Hot Summer Nights
7:00 AM - 7:00 PM Paid Parking
April 16, 2019 - Page 58 of 69
DRAFT
FORD PARK
2019 Summer Parking Calendar
revised 4/8/2019
Page 2
Dates
Event Name
* indicates use of the "Nest"
PROPOSED
Timeframe
Paid Parking
Amphitheater = RED
BFAG = BLUE
Dance Festival = Green
VVF: Purple
* managed = not paid
Wednesday. July 3 Vail Lacrosse Shoot Out (LSO)*7:00 AM - 7:00 PM Paid Parking
Thursday, July 4 Vail Lacrosse Shoot Out (LSO)*
Patriotic Concert
7:00 AM - 7:00 PM Paid Parking
Friday, July 5 Vail Lacrosse Shoot Out (LSO)*
Bravo! Vail Philadelphia Orchestra (TPO)*
Opening Night w Reception
7:00 AM - 7:00 PM Paid Parking
Saturday, July 6 Vail Lacrosse Shoot Out (LSO)*
Bravo! Vail TPO*
7:00 AM - 7:00 PM Paid Parking
Sunday, July 7 Vail Lacrosse Shoot Out (LSO)*
Bravo! Vail TPO*
7:00 AM - 7:00 PM Paid Parking
Thursday, July 11 Chefs in the Gardens
Bravo! Vail Tosca & TPO*
Opening Reception
12:00 p.m.- 1:00 p.m.
3:30 PM - 6:30 PM
NA
Paid Parking
Friday, July 12 PBR Basketball ?
Bravo! Vail TPO*3:30 PM- 6:30 PM Paid Parking
Saturday, July 13 PBR Baseball ?
Bravo! Vail Tosca & TPO*3:30 PM- 6:30 PM Paid Parking
Sunday, July 14 PBR Basball ?
AEG - Whistlepig Series
5:00 pm - 8:00 pm ??
Paid Parking
Monday, July 15 Master Workshop: Home Composting with Honeywagon 10:00 a.m.- 12:00 p.m.NA
Tuesdaqy, July 16 Hot Summer Nights 5:00 PM 7:00 PM Paid Parking
Wednesday, July 17 Bravo! Vail New York Philharmonic (NYP)*
Opening Night w Reception
3:30 PM- 6:30 PM Paid Parking
Thursday, July 18 Chefs in the Gardens
Bravo! Vail NYP*
12:00 p.m.- 1:00 p.m.
3:30 PM - 6:30 PM
NA
Paid Parking
Friday, July 19 Bravo! Vail NYP*3:30 PM- 6:30 PM Paid Parking
Saturday, July 20 Vail International Mens Soccer
Bravo! Vail NYP*3:30 PM- 6:30 PM Paid Parking
Sunday, July 21 Vail International Mens Soccer NA NA
Tuesday, July 23 Garden Soiree
Bravo! Vail NYP*
4:00 p.m.- 6:00 p.m.
3:30 PM- 6:30 PM
NA
Paid Parking
Wednesday. July 24 Bravo! Vail NYP*3:30 PM- 6:30 PM Paid Parking
Thursday, July 25 Chefs in the Gardens 12:00 p.m.- 1:00 p.m.NA
Friday, July 26 Kick It 3v3 Soccer *
Vail Dance Festival
7:00 AM - 8:00 PM PAID PARKING
Saturday, July 27 Kick It 3v3 Soccer *
Vail Dance Festival
7:00 AM - 8:00 PM PAID PARKING
Sunday, July 28 Kick It 3v3 Soccer *
Vail Dance Festival
Patron Brunch (10:30 am unitl 1:00 pm)
7:00 AM - 8:00 PM PAID PARKING
Monday, July 29 Vail Dance Festival 5:00 PM - 8:00 PM PAID PARKING
Tuesday, July 30 Vail Dance Festival 5:00 PM - 8:00 PM PAID PARKING
Wednesday, July 31 Vail Dance Festival 5:00 PM - 8:00 PM PAID PARKING
April 16, 2019 - Page 59 of 69
DRAFT
FORD PARK
2019 Summer Parking Calendar
revised 4/8/2019
Page 3
Dates
Event Name
* indicates use of the "Nest"
PROPOSED
Timeframe
Paid Parking
Amphitheater = RED
BFAG = BLUE
Dance Festival = Green
VVF: Purple
* managed = not paid
August 2019
Thursday, August 1 Chefs in the Garden
Vail Dance Festival
12:00 p.m.- 1:00 p.m.PAID PARKING
Friday, August 2 Colorado Clay Court Championships
Vail Dance Festival
5:00 PM - 8:00 PM PAID PARKING
Saturday, August 3 Colorado Clay Court Championships
Vail Dance Festival
5:00 PM - 8:00 PM PAID PARKING
Sunday, August 4 Colorado Clay Court Championships
Vail Dance Festival
5:00 PM - 8:00 PM PAID PARKING
Monday, August 5 Vail Dance Festival 5:00 PM - 8:00 PM PAID PARKING
Tuesday, August 6 Vail Dance Festival 5:00 PM - 8:00 PM PAID PARKING
Wednesday, August 7 Vail Dance Festival 5:00 PM - 8:00 PM PAID PARKING
Thursday, August 8 Chefs in the Garden
Vail Dance Festival
12:00 p.m.- 1:00 p.m.
5:00 PM - 8:00 PM
PAID PARKING
Friday, August 9 Vail Dance Festival 5:00 PM - 8:00 PM PAID PARKING
Saturday, August 10 Vail Dance Festival 5:00 PM - 8:00 PM PAID PARKING
Monday, August 12 Master Workshop: Pruning
AGE Hold
10:00 a.m.- 12:00 p.m.NA
Tuesday, August 13 WPV Hold
Wednesday, August 14 WPV Hold
Thursday, August 15 Chefs in the Garden 12:00 p.m.- 1:00 p.m.NA
Saturday, August 17 Trans Rockies at Vail Athletic
WPV Hold
Vail Athletic Lot Closed-
5:00 AM Sat. - 9:00 AM Sun.
Monday, August 19 Tea on the Terrace 2:00 p.m.- 4:00 p.m.
Tuesday, August 20 Hot Summer Nights 5:00 PM 8:00 PM Paid Parking
Tuesday, August 27 Hot Summer Nights 5:00 PM 8:00 PM Paid Parking
Sunday, September 1 Vail Jazz Gospel Brunch ??Managed Parking
Monday, September 2 WVP Hold
Wednesday, September 4 Wvp Hold
Thursday, September 5 Whistle Pig Vail 5:00 PM 8:00 PM Paid Parking
Saturday, Se[tember 7 VVF Donor Event 5:00 PM 8:00 PM Managed Parking
Monday, September 16 WPV Hold
Wednesday, September 18 WVP Hold
Thursday, September 19 WPV Hold
Friday, September 20 TOV Hold
Sunday, September 22 WVP Hold
Monday, Sept 23 WPV Hold
Tuesday, Sept 24 WPV Hold
Wednesday, Sept 25 WPV Hold
Thursday, Sept 26 WPV Hold
PLEASE NOTE THIS SCHEDULE IS SUBJECT TO CHANGES
April 16, 2019 - Page 60 of 69
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : O rdinance No. 3, Series of 2019, Second R eading, A n O rdinance A mending
Chapter 1 of Title 4 of the Vail Town Code to Address Business L icensing F ees for
A ccommodation Services.
P RE S E NT E R(S ): A lex J akubiec, Sales Tax and L icensing Administrator
AC T IO N RE Q UE S T E D O F C O UNC IL : S taf f is requesting Council’s approval of the second
reading of Ordinance No. 3, S eries 2019.
B AC K G RO UND: Please see attached memo.
S TAF F RE C O M M E ND AT I O N: Approve or approve with amendments upon second reading of
Ordinance No. 3, S eries 2019.
AT TAC H ME N TS :
Description
B L Ordinance 3, 2019 Second Reading
April 16, 2019 - Page 61 of 69
__________________________________________________________________________
Memorandum
TO: Town Council
FROM: Finance Department
DATE: April 16, 2019
SUBJECT: Ordinance No. 3, Series 2019: Business License Code Update
There have been no changes since the first reading on April 2.
I. SUMMARY
Ordinance No. 3 is a housekeeping update to the business licensing code for accommodation
service providers.
II. BACKGROUND
In January of 2016, the town first introduced a business license for short-term rentals and
revised the license fee schedule for lodging to encompass all short-term rentals of property,
whether in a hotel or in a personal residence. Later, Ordinance No. 15, Series 2017 adopted
a new chapter 14 of the Town code, establishing a requirement for short-term rental
properties to obtain an STR registration, unique from the Town’s business license. As a
result, the business license fee section relating to short-term rentals was repealed. However,
in repealing that section, it also removed the fee structure for lodging properties and property
managers. This part of the code needs to be returned for the proper identification of the
Town’s current business license fee structure for this business segment.
There are no revenue changes to the business license fee structure, just returning the
original fee structure for lodging and property management business license fees back to the
Town code.
III. ACTION REQUESTED FROM COUNCIL
Staff is requesting Council’s approval of the second reading of Ordinance No. 3, Series 2019.
April 16, 2019 - Page 62 of 69
ORDINANCE NO. 3
SERIES 2019
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4 OF THE VAIL
TOWN CODE TO ADDRESS BUSINESS LICENSING FEES FOR
ACCOMMODATION SERVICES
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 4-1-2 of the Vail Town Code is amended by the addition of
the following new definitions, to appear in alphabetical order:
ACCOMMODATION SERVICE: The furnishing of rooms or
accommodations by any person, partnership, association, corporation,
estate, representative, or any other combination of individuals, to a person
who for a consideration uses, possesses, or has the right to use or
possess, any room in a hotel, apartment hotel, accommodation unit,
lodge, lodging house, motor hotel, guesthouse, guest ranch, trailer coach,
mobile home, auto camp, trailer court and park, fractional fee club,
fractional fee club unit, bed and breakfast, or short-term rental property for
a period of less than thirty (30) consecutive days under any concession,
permit, right of access, license or agreement, including property
management and similar services, but excluding owners of short-term
rental properties, as that term is defined in Section 4-14-2.
RENTAL INTEREST: The smallest portion of an accommodation service
that can be separately leased, licensed or used.
Section 2. Section 4-1-4(B) of the Vail Town Code is hereby amended as
follows:
4-1-4: FEES.
* * *
B. Schedule: An annual business license fee shall be paid by every
person doing business in the Town in accordance with the following
schedule:
1. Short-term Rentals: Repealed. Accommodation services:
Accommodation services shall pay a fee as follows:
a. Accommodation services with more than two (2) rental
interests shall pay a flat fee of three hundred twenty-five dollars
($325.00), plus a fee of seventeen dollars ($17.00) per rental
interest located in Zone 1 and twelve dollars and seventy-five cents
($12.75) for each rental interest located in Zone 2.
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April 16, 2019 - Page 63 of 69
b. Accommodation services with two (2) or fewer rental
interests shall pay a flat fee of one hundred fifty dollars ($150.00),
plus a fee of seventeen dollars ($17.00) per rental interest located
in Zone 1 and twelve dollars and seventy-five cents ($12.75) for
each rental interest located in Zone 2.
c. The accommodation service licensing requirement applies to
businesses conducting property management or similar services for
short-term rental property, but it does not apply to short-term rental
property owners separately registered under Title 4, Chapter 14, of
this Code.
* * *
11. Lodge support businesses Lodges: Lodge support
businesses shall pay a minimum business license fee depending on the
category of business being operated at the rate of seventy five percent
(75%) of the rate charged for each category listed above, and shall pay an
additional fee depending upon the type of business being operated at the
same rate as set forth for each category listed above.
* * *
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of April, 2019 and a
public hearing for second reading of this Ordinance set for the 16th day of April, 2019, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
David Chapin, Mayor
ATTEST:
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April 16, 2019 - Page 64 of 69
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 16th day of April, 2019.
_____________________________
David Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
3
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April 16, 2019 - Page 65 of 69
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : O rdnance No. 5 S eries of 2019, S econd Reading, A n Ordinance Authorizing the
S ale of Certain R eal P roperty K nown as Unit 2, Vail Village I nn Plaza, P hase V Condominiums,
to S T K Capital, L L C for $1,547,000.
P RE S E NT E R(S ): George Ruther, Housing Director
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, A pprove with Modif ications, or Deny
Ordinance No. 5, S eries of 2019, on second reading.
S TAF F RE C O M M E ND AT I O N: The Town staff recommends the Vail Town Council approves
Ordinance No. 5, S eries of 2019, upon second reading.
AT TAC H ME N TS :
Description
Ordinance N o. 5, Series of 2019 Village Inn P hase V sale
April 16, 2019 - Page 66 of 69
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SECOND READING 04162019.DOCX
ORDINANCE NO. 5
SERIES 2019
AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN REAL
PROPERTY KNOWN AS UNIT 2, VAIL VILLAGE INN PLAZA, PHASE V
CONDOMINIUMS, TO STK CAPITAL, LLC FOR $1,547,000
WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council
authorize the sale of real property by ordinance; and
WHEREAS, the Town Council finds and determines that the sale of the real
property known as Unit 2, Village Inn Plaza and more particularly described as Unit 2,
Vail Village Inn Plaza, Phase V Condominiums (the "Property"), to STK Capital, LLC for
$1,547,000, is in the best interest of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council
hereby authorizes the sale of the Property to STK Capital, LLC for $1,547,000, under
the terms of the Purchase and Sale Agreement Counter Offer, dated March 27, 2019,
which agreement is hereby ratified by this ordinance. The Town Manager is hereby
authorized to sign all documents necessary to complete the sale of the Property, subject
to approval of such documents by the Town Attorney.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
April 16, 2019 - Page 67 of 69
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SECOND READING 04162019.DOCX
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of April, 2019 and a
public hearing for second reading of this Ordinance set for the 16th day of April, 2019, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
David Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 16th day of April, 2019.
_____________________________
David Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
April 16, 2019 - Page 68 of 69
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Adjournment at 7:10 pm (estimate)
April 16, 2019 - Page 69 of 69