HomeMy WebLinkAbout1986-05 Petition to District Court of Competent Jurisdiction Proposing the Orginization of a Special Districtf ~
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TOWN OF VAIL
RESOLUTION NO, ~
j;~HEREAS, pursuant to parts 2 and 3 of article 1, title
32, Colorado Revised Statutes, a petition to a district court
of competent jurisdiction proposing the organization of a
special district in which the area to be included within the
proposed special district is confined exclusively within the
boundaries of any existing municipality must be approved by
resolution of the governing body of the municipality; and
4~,THEREAS, the proponents of the proposed Cascade Village
rSetropolitan District intend to initiate legal proceedings
relating to the organization of a metropolitan district
pursuant to parts 2 and 3 of article 1, title 32, Colorado
Revised Statutes; and
WHEREAS, the area comprising the proposed Cascade
Village Metropolitan District is located entirely wit~tin the
boundaries of the 'Town of Vail; and
WHEREAS, the Council of the Town of Vail has considered
the Service Plan for the proposed District and testimony
presented to the Council;
N06d, TIiEREFURE, SE I'i RESOLVED $Y TciE ~1'04;~N COUfdLIL OF
THE TOWN OF VAIL, COLORADO, AS FOLL04JS:
Section 1, Triat pursuant to Section 32-1--204.5,
Colorado Revised Statutes, the Council of the Town of Vail
hereby finds and determines that:
a) There is sufficient existing and projected need
for organized service in the area to be serviced by the
proposed special district;
b} The existing service in the area to be serviced
by the proposed special district is inadequate for present and
projected needs;
c) The proposed special district is capable of
providing economical and sufficient service to the area w~.thin
its proposed boundaries;
d} The area to be included in the praposea special
district has, or will have, the financial ability to discharge
the proposed indebtedness on a reasonable basis.
Section 2. That the Service Dian submitted by the
proponents of the proposed District proposing organization of
the District and providing for street improvements, sanitation
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improvements, including storm, flood and surface drainage
facilities, and transportation improvements, including a ski
lift, i.s hereby approved, which approval is based on the
stipulations hereafter set forth.
Section 3. That the plans and specifications for
improvements authorized to tie provided by the District pursuant
to its Service Plan shall be subject to the review and approval
of the Town of Vail, pursuant to the then-applicable rules and
regulations of the Town for review of the type of improvement
to be provided. The District acknowledges that the propert~r
within the District's boundaries is subject to the `S'owri's
planning and zoning ordinances and regulations, and that
necessary approvals and permits required thereunder in
connection with provision of District improvements will be
obtained.
Section 4. That the District shall obtain all necessary
permits and pay all prescribed fees associated with any and all
improvements to be made.
Section 5. That all improvements constructed by the
District shall be designed, constructed, and warranted in
accordance with the standards and specifications of the Town of
Vail, and/or the Colorado Department of Health, Colorado
Department of Highways, Colorado Passenger Tramway Safety
Board, as appropriate to the improvement to be provided.
Section 6. That the District shall not assume any
operations and/or maintenance activities with respect to the
improvements authorized by the Service Plan without the prior
approval of the Town of Vail. In this regard, the District
shall be authorized to enter into an agreement with Vail
Associates Inc. by which Vail Associates Inc. would operate and
maintain the chairlift to be constructed by the District. The
Town shall have the right to review and approve paid Agreement.
Sectiorz 7. That the District shall hat, without the
prior approval of the Town of Vail, be authorized, nor shall
seek authorization, to provide improvements other than those
described in the Exhibits to its Service Plan, nor shall it bN
authorized to engage in any activity, purpose or provide any
service, other than as identified in its Service Plan. In this
regard, the approval of the Tuwn of the organization of the
District is based upon the District undertaking to exercise
only those powers, and only for the provision of the
improvements, as are described herein. In this regard, the
District shall not undertake provision of public transport
facilities or services, other than the provision,. and operation
of the chairlift authorized to be constructed by the District,
unless the prior consent of the Town is obtained.
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Section $. That the '.gown of Vail shall not incur any
expense zn the i:armatiori or operation of the prnposed District
or its retirement of capital obligations and furthsr that the
District shall indemnify and save harrniass the Tuwrz rrc~m any
Lass, claim, damage, tax, penalty liai~iiity, disbursement,
litigation expenses and court costs arising out of, or related
tv, the issuance or sale of tsonds of the District, or District
operations, except those resulting from the Town's negligence
ar willful or intentiianal misconduct.
Section 9. That the District shall not seek any
inclusion or exclusion of property from its boundaries, sha~.l
not seek consolidation with other ~urisdzctions, or dissolution
of the District prior to satisfaction ar outstanding
indebtedness, without the prior approval of the Town.
Section 10. That the District shall not, without the
prior approval of the Town of Vail, seek authorization from its
electors to irxcur indebtedness for amounts greater than that
identified in the Service Plan as the amoutzt of authorization
to be sought from the electors of the District to Lund ttie
costs of the improvements, which amount small include
completion, construction, acquisition anci/or installation of
the praposeci facilities, plus contingencies, inflation, design
and construction engineering, construction management,
organizational costs, other capitalized expenses including
accounting, legal and engineering fees, dent issuance costs,
capitalized interest, reserve funds, and other incidental and
related costs.
Section 11. That the District shall not seek to refund
any indebtedness without the prior approval of the `T`own.
Section 12. That the District shall not undertake
replacement of the chairlift authorized to be constructed by
the District, without the prior aggroval of the Town.
Section 13. That the Town shall, to the extent
reasonably necessary to protect itself from liability on
account of District operations, be 'named as a co-insured an
insurance policies of the District. Iry this regard, the
District shall obtain such insurance or other risk protection -
which may include being named as a co-insured an policies of
Vail Associates, Inc. - with respect tv operation of the
chairlift, as may be available to insure against risk of loss
ar liability on account of District operations.
Section 14. That the District shall provide annual
status reports to the Town with respect to its operations, as
required by title 32, Colorado Revised Statutes, and otherwise
shall provide the Town with such periodic: status reports on
District operations as the Town may reasonably request.
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Section 15. That the District shall be dissoivec~
pursuant to the then-applicable Colorado laws after provision
of the improvements authorized to be provided by the District,
upon the payment, discharyN and satisfaction or all
indebtedness and obligations of the District, or at such time
as operation of the cnairlift to be provided by the District
permanently ceases to operate; provided, however, that the r~.'own
shall have such rights to initiate dissolution of the District
prior to this time as may then be available under appiic:abie
Colorado laws.
To the extent dissolution of the District is initiated
without satisfaction of outstanding District indebtedness or
obligations, a Plan for Dissolution shall be prepared pursuant
to Section 32-1-702, Colorado Revised Statutes, for review and
approval by the Town which provides for the satisfaction of
such indebtedness or obligations. With respect to any request
by the Town for dissolution of the District upon the occurrence
of the above conditions, to the extent such dissolution may be
achieved without an election within the District, the District
shall, to the extent such procedure may be initiated in the
discretion of the Board of Directors of the District, undertake
dissolution i:n such manner.
Section 16. That the District shall in addition to
other notices required under Title 32, Colorado Revised
Statutes, fail notice to the qualified electors and property
owners within the proposed boundaries of the District, of the
date, time, and place of the election, the qualifications to
vote in such election, and stating that if the organisation of
the District is approved, the property taxes or property owners
within the District could increase by up to thirty percent over
present levels.
Section l7. That the stipulations contained within this
Resolution shall be incorporated into and made a part of the
Order and Decree oz the District Court, Eagle County, Colorado,
establishing the organization o1 the District.
Section l8. That a certified copy of this Resolution
shall be filed in the records of the Town of Vail and submitted
to the petitioners of the proposed District for the purpose of
filing in the District Court of Eagle County.
1986.
RESOLVED AND PASSED this 21st day of January
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ATTEST:
Town Clerk
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TOF,~N OF V
By.
Mayor
APPROVED AS TO F013M: ~ ~ „~
r n At rney
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