HomeMy WebLinkAbout1991 ResolutionsRESOLUTION NO. 1
Series of 1991
A RESOLUTION OF THE TOWN COUNCIL DESIGNATING THE PRESIDENT'S
HOLIDAY WEEKEND, FEBRUARY 16, 17, 18, 1991, AS THE 11TH ANNUAL
SMOKELESS WEEKEND, AND SETTING FORTII°DETAILS RELATING THERETO.
WHEREAS, the air pollution in the Gore Valley has been
increasing with each winter season; and
WHEREAS, it is the opinion of the Town Council that it would
be in the public interest to encourage limited use of fireplaces
and woodstoves during the President's Holiday Weekend.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, that:
1. The Town Council hereby designates the President's
Holiday Weekend, February 16, 17, 18, 1991 as the llth Annual
Fireplace Smokeless Weekend; and
2. All residents and visitors of the Town of Vail shall be
encouraged to refrain from using their fireplaces or woodstoves
during that weekend unless they are a primary heat source, in
order to protect and improve the air quality in the Gore Valley.
INTRODUCED, READ, APPROVED AND ADOPTED this
-f iraaA, , 1991.
ATTEST:
Pamela A. Brandmeyer, Town Clerk
day of
Kent R. Rose, Mayor
RESOLUTION NO. _
Series of 1991
2
•
A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO
PURCHASE, SELL, RESELL, TO OR FROM DEAN WITTER REYNOLDS,
INC.; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council wishes to give certain employees of
the Town trading authorization to deal with Dean Witter Reynolds,
Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. Stephen Barwick, the Administrative Services Director or
his successor, and Steven Thompson, the Controller or his
successor, are hereby authorized, for and on behalf of the Town of
Vail, to purchase, sell, resell, to or from Dean Witter Reynolds,
Inc. ("Dean Witter") any and all forms of investment instruments,
allowed under the Town of Vail's investment policy.
2. Any action taken by one of the above named employees of
the Town shall be deemed to be proper in connection with any
transaction with Dean Witter, and Dean Witter may deal with any and
all of them as though it were dealing with the Town directly.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of
February
,1991.
ATTEST:
akb14/1Q. 6144044tfA-1
Pamela A. Brandmeyer, Town Clerk
Kent Rose, Mayor
RESOLUTION NO. 3
Series of 1991
A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO
PURCHASE, SELL, RESELL, TO OR FROM INVESTMENT RESOURCE
NETWORK; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council wishes to give certain employees of
the Town trading authorization to deal with Investment Resource
Network.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. Stephen Barwick, the Administrative Services Director or
his successor, and Steven Thompson, the Controller or his
successor, are hereby authorized, for and on behalf of the Town of
Vail, to purchase, sell, resell, to or from Investment Resource
Network any and all forms of investment instruments, allowed under
the Town of Vail's investment policy.
2. Any action taken by one of the above named employees of
the Town shall be deemed to be proper in connection with any
transaction with Investment Resource Network, and Investment
Resource Network, may deal with any and all of them as though it
were dealing with the Town directly.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of
February
,1991.
Pamela A. Brandmeyer, Town Clerk
Kent Rose, Mayor
RESOLUTION NO. 4
Series of 1991
A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO
PURCHASE, SELL, RESELL, TO OR FROM MORGAN STANLEY & CO.,
INC.; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council wishes to give certain employees of
the Town trading authorization to deal with Morgan Stanley & Co.,
Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. Stephen Barwick, the Administrative Services Director or
his successor, and Steven Thompson, the Controller or his
successor, are hereby authorized, for and on behalf of the Town of
Vail, to purchase, sell, resell, to or from Morgan Stanley & Co.,
Inc. any and all forms of investment instruments, allowed under the
Town of Vail's investment policy.
2. Any action taken by one of the above named employees of
the Town shall be deemed to be proper in connection with any
transaction with Morgan Stanley & Co., Inc., and Morgan Stanley &
Co., Inc. may deal with any and all of them as though it were
dealing with the Town directly.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of
February ,1991.
ATTEST:
wt-/
Pamela A. Brandmeyer, Town Clerk
Kent Rose, Mayor
RESOLUTION NO. 5
Series of 1991
A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO
PURCHASE, SELL, RESELL, TO OR FROM SMITH BARNEY; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council wishes to give certain employees of
the Town trading authorization to deal with Smith Barney.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. Stephen Barwick, the Administrative Services Director or
his successor, and Steven Thompson, the Controller or his
successor, are hereby authorized, for and on behalf of the Town of
Vail, to purchase, sell, resell, to or from Smith Barney any and
all forms of investment instruments, allowed under the Town of
Vail's investment policy.
2. Any action taken by one of the above named employees of
the Town shall be deemed to be proper in connection with any
transaction with Smith Barney, and Smith Barney may deal with any
and all of them as though it were dealing with the Town directly.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of
February
ATTEST:
,1991.
Pamela A. Brandmeyer, Town Clerk
Kent Rose, Mayor
RESOLUTION NO. 6
Series of 1991
A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO
PURCHASE, SELL, RESELL, TO OR FROM PAINE WEBBER ROTAN
MOSLE; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council wishes to give certain employees of
the Town trading authorization to deal with Paine Webber Rotan
Mosle.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. Stephen Barwick, the Administrative Services Director or
his successor, and Steven Thompson, the Controller or his
successor, are hereby authorized, for and on behalf of the Town of
Vail, to purchase, sell, resell, to or from Paine Webber Ratan
Mosle any and all forms of investment instruments, allowed under
the Town of Vail's investment policy.
2. Any action taken by one of the above named employees of
the Town shall be deemed to be proper in connection with any
transaction with Paine Webber Rotan Mosle, and Paine Webber Rotan
Mosle may deal with any and all of them as though it were dealing
with the Town directly.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of
Kent Rose, Mayor
February
,1991.
ATTEST:
Pamela A. Brandmeyer, Town Clerk
RESOLUTION NO. 7
Series of 1991
A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO
PURCHASE, SELL, RESELL, TO OR FROM LIBERTY CAPITAL
MARKETS; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council wishes to give certain employees of
the Town trading authorization to deal with Liberty Capital
Markets.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. Stephen Barwick, the Administrative Services Director or
his successor, and Steven Thompson, the Controller or his
successor, are hereby authorized, for and on behalf of the Town of
Vail, to purchase, sell, resell, to or from Liberty Capital Markets
any and all forms of investment instruments, allowed under the Town
of Vail's investment policy.
2. Any action taken by one of the above named employees of
the Town shall be deemed to be proper in connection with any
transaction with Liberty Capital Markets, and Liberty Capital
Markets may deal with any and all of them as though it were dealing
with the Town directly.
3. This Resolution shall take effect immediately upon its
passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of
February
ATTEST:
Pamela A. Brandme er, Town Clerk
,1991.
Kent Rose, Mayor
RESOLUTION NO. 8
Series of 1991
A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO
PURCHASE, SELL, RESELL, TO OR FROM PIPER JAFFRAY &
HOPWOOD, INC.; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, the Town Council wishes to give certain employees of
the Town trading authorization to deal with Piper Jaffray &
Hopwood, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. Stephen Barwick, the Administrative Services Director or
his successor, and Steven Thompson, the Controller or his
successor, are hereby authorized, for and on behalf of the Town of
Vail, to purchase, sell, resell, to or from Piper Jaffray &
Hopwood, Inc. any and all forms of investment instruments, allowed
under the Town of Vail's investment policy.
2. Any action taken by one of the above named employees of
the Town shall be deemed to be proper in connection with any
transaction with Piper Jaffray & Hopwood, Inc., and Piper Jaffray
& Hopwood, Inc., may deal with any and all of them as though it
were dealing with the Town directly.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of
February
ATTEST:
,1991.
Pamela A. Brandmeyer, Town Clerk
Kent Dose, Mayor
RESOLUTION NO. 9
Series of 1991
A RESOLUTION APPROVING THE STEPHENS PARK MASTER PLAN
FOR THE TOWN OWNED PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF KINNICKINICK ROAD AND
SOUTH FRONTAGE ROAD WEST; AND SETTING FORTH DETAILS
IN REGARD THERETO.
WHEREAS, the Land Use Plan of the Town of Vail designates this
land, commonly known as Stephens Park, as a Park use; and
WHEREAS, public input from the community, Vail Recreation
District, Planning and Environmental Commission and Town Council
has been incorporated into the plan in order to develop a park that
will be attractive and used by the public; and
WHEREAS, the Town Council wishes to develop Stephens Park and
has allocated park development funds for this parcel in the 1991
budget.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO:
That the Master Plan design by EDAW, Inc., dated January 1991
is adopted as the Master Plan to guide the development of Stephens
Park.
INTRODUCED, READ, APPROVED AND ADOPTED this 19tH day of February
1991.
Kent R. Rose, Mayor
ATTEST:
4.I.u.iu�c-tom.
Pamela A. Brandmeyer, Town Clerk
RESOLUTION NO. 10
Series of 1991
A RESOLUTION INCREASING FEES FOR CERTAIN COMMUNITY
DEVELOPMENT DEPARTMENT SERVICES
1
WHEREFORE, it is the Ton Council's belief that the costs
relating to certain community development department services
should be increased to reflect inflation and the actual value of
services provided by the Community Development Department staff.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail:
1. The following fees shall be charged for services by the
Town of Vail
Community Development Department:
A. Conditional Use Permits $ 200.00
B. Variances $ 250.00
C. Special Development Districts:
I. Establishment of SDD $1500.00
2. Major Amendments $1000.00
3. Minor Amendments $ 200.00
D. Zoning Code Amendments $ 250.00
E. Zone District Amendments (rezonings) $ 200.00
F. Exterior Alterations:
L Less than 100 sq. ft. $ 200.00
2. More than 100 sq. ft. $ 500.00
G. Subdivisions:
1. Major (Prelim/Final) $1000.00
Plus $20.00 per platted lot
2. Minor $ 250.00
3. Duplex $ 100.00
4. Single Family $ 100.00
5. Condominium and Townhouse Plats $ 100.00
6. Condominium Conversions $ 500.00
H. 7. Additional GRFA (250) $ 200.00
•
I. Secondary Unit on Lots of Less than
15,000 sq. ft. (P/S)
J. Sign Review
Plus $1.00 per sq. ft. of sign area
K. Sign Variance
L. Hazard Regulations:
•
$ 100.00
$ 20.00
$ 200.00
1. Dispute of Designation $ 200.00
2. Map Amendment $ 200.00
3. Floodplain Modification $ 250.00
M. Art in Public Places
1. Temporary Site Approval $ 50.00
2. Project Review Fee -0-
N. DRB Application Fees:
Valuation
$ 0 - $ 10,000 $ 20.00
$ 10,001 - $ 50,000 $ 50.00
$ 50,001 - $ 150,000 $ 100.00
$150,001 - $ 500,000 $ 200.00
$500,001 - $1,000,000 $ 400.00
Over - $1,000,000 $ 500.00
0. If any of the applications set forth above require a separate review by any local, State
or Federal agency other than the Town of Vail, the application fee shall be increased by
$200.00.
Examples of such review, may Include, but are not limited to: Colorado Department of
Highway Access Permits, Army Corps of Engineers 404, etc.
P. The applicant shall be responsible for paying any publishing fees which are in excess
of 50% of the application fee. If, at the applicant's request, any matter is postponed for
hearing, causing the matter to be re -published, then, the entire fee for such re -publication shall
be paid by the applicant.
Q. Applications deemed by the Community Development Department to have significant
design, land use or other issues which may have a significant impact on the community may
require review by consultants other than town staff. Should a determination be made by the town
staff that an outside consultant is needed to review atilt applications set forth in this resolution,
the Community Development may hire an outside consultant. If the Community Development
does hire an outside consultant, it shall estimate the amount of money necessary to pay him or
her and this amount shall be forwarded to the Town by the applicant at the time
2
he files his application with the Community Development Department. Upon completion of the
review of the application by the consultant, any of the funds forwarded by the applicant for
payment of the consultant which have not been paid to the consultant shall be returned to the
applicant. Expenses incurred by the Town in excess of the amount forwarded by the applicant
shall be paid to the Town by the applicant within 30 days of notification by the Town. This
resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of March , 1991.
ATTEST:
Pamela A. Brandmeyer, Town Clerk
C:IRESOL.10
Kent R. Rose, Mayor
3
RESOLUTION NO. 11
Series of 1991
A RESOLUTION OPPOSING SENATE BILL 91-220
WHEREAS, the City of Thornton has requested the passage of Senate Bill 91-220 which
concerns the prohibition of annexations of land directly or indirectly to a previously annexed area
which did not have the contiguity required by 31-12-104(1)(a), Colorado Revised Statutes, as
amended, and which was not contiguous at any point with and was located more than three (3)
miles from the annexing municipality when annexed, and in connection therewith provides for the
judicial review of such annexations; and
WHEREAS, Senate Bill 91-220 is being requested by Thornton solely to address an
annexation dispute between the City of Thornton and the City of Northgienn, which dispute has
no relevance to annexations in the rest of the State of Colorado; and
WHEREAS, it is the Town Council's belief that the annexation statutes of the State of
Colorado should not be amended to solve one issue existing between two municipalities; and
WHEREAS, Senate Bill 91-220 allows annexations which are challenged to be found void
ab initio (from their inception) which is contrary to the remainder of the Colorado Annexation
Statutes; and
WHEREAS, Senate Bill 91-220 eliminates the ninety (90) day challenge requirements for
seeking judicial review of an annexation contrary to the other provisions of the Colorado
Annexation Statutes; and
WHEREAS, Senate Bill 91-220 may negatively affect the Town of Vail's ability to annex
lands in the future.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail,
Colorado:
The Town Council of the Town of Vail strongly opposes the passage of Senate Bill 91-220,
and directs the Town Manager to send a copy of this Resolution to all appropriate legislators.
This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 19 day of
ATTEST:
4, 1W
Pamela A. Brandmeyer, Town Clerk
C:IRESOL.11
X1///
Kent R. Rose, Mayor
March 1991.
RESOLUTION NO. 12
SERIES 1991
A RESOLUTION APPROVING AN AMENDMENT TO
THE PERSONNEL RULES BY THE TOWN MANAGER
WHEREAS, the Town Manager has submitted to the Town Council an Amendment to the
Personnel Rules of the Town of Vail, and
WHEREAS, the Town Council wishes to approve this Amendment.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
1. The Town Council hereby approves the Amendment to the Personnel Rules
submitted by the Town Manager which is attached hereto as Exhibit A and incorporated herein
by reference.
2. This Resolution shall become effective immediately upon its passing by the Town
Council.
INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of June , 1991.
ATTEST:
Pamela A. Brandmeyer, own Clerk
C:IRESa..12
Kent R. Rose, Mayor
1
EXHIB11
AMENDMENT TO PERSONNEL RULES
WHEREAS, Personnel Rule 10.2, Appeal of Disciplinary Action
fails to specify the manner in which the Town Manager may hear the
appeal of a disciplinary action, and
WHEREAS, Section 10.2C provides that the Town Manager will
hear an appeal as outlined in Section 10.2.B.2 --b, and
WHEREAS the Personnel Rules as presently constituted contain
no such Section 10.2.B.2 -b, and
WHEREAS in an effort to clarify Section 10.2C the Town Manager
hereby sets forth the following amendment to the Personnel Rules of
the Town of Vail:
Section 10.2c paragraph 2a is hereby amended to read as
follows:
10.20 2a Department Head. The written appeal may be submitted
to the Department Head of the respective department if the
Department Head has not been the disciplinary authority as allowed
in Section 9.2 of these Rules and Regulations, and the Department
Head has remained responsible, uninvolved and impartial in the
disciplinary action which is being appealed. The Department Head
can conduct an investigation and hear information as he/she sees
fit. The Department Head reserves the right to alter a supervisory
decision as such course is deemed appropriate. The Department
Head's decision shall be made within seven (7) working days upon
receiving the written appeal from the Personnel Director. If the
appeal is not settled at the Department' Head level to the
-1-
s
satisfaction of the employee, and the employee wishes to pursue the
appeal, the employee may appeal the decision of the Department Head
to the Town Manager. The Town Manager shall hear any appeal
submitted to him, whether that submission is by the Director of
Administrative Services or by an employee who wishes to appeal a
Department Head's initial decision, in the following manner:
1. The Town Manager may designate an impartial
representative or impartial representatives to review the appeal on
a date established by the Town Manager.
2. Upon reviewing the appeal as given by both parties the
impartial representative or representatives shall submit the
findings of their review to the Town Manager within seven
(7)
calendar days. The Town Manager will analyze the findings of the
review and conduct another investigation or hear other information
as he sees fits. The Town Manager shall render a timely decision
and reserves the right to alter the disciplinary action if such
course is deemed appropriate. The decision of the Town Manager
shall be final.
3. The Town Manager may, at his discretion, elect not to
appoint an impartial representative or representatives and proceed
directly with the review of the appeal. The Town Manager may hold
an investigation or hear information as he sees fit. The Town
Manager shall render a timely decision and reserves the right to
-2-
alter the disciplinary action if he deems such action
appropriate. The decision of the Town Manager shall be final.
/Si CA_
Director, Administrative Services Date
Z.491 PAA-&-elp
Tow Manager g Date
_3_
c:\PerRules
RESOLUTION NO. 13
Series of 1991
A RESOLUTION MODIFYING THE TOWN OF VAIL
LAND USE PLAN, CHANGING THE LAND USE DESIGNATION
OF A PARCEL OF LAND GENERALLY LOCATED
WEST OF THE TOWN OF VAIL SHOPS FROM
OPEN SPACE TO SEMI-PUBLIC, AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, conditions in the Town of Vail have changed since the Land Use Plan was
originally adopted; and
WHEREAS, Policy 6.1 of the Land Use Plan states that services should keep pace with
increased growth; and
WHEREAS, the Town of Vail has a need for additional land with the designation of semi-
public in order to meet the standards of Policy 6.1.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. The Town Council finds the procedures for amending the Land Use Pian, as set
forth in Chapter VIII, Section 3 of the Land Use Plan have been satisfied.
2. The Town Council hereby amends the Land Use Plan:
A. Changing the Land Use Designation shown on the midsection of the Plan
from Open Space to Semi -Public for the property more particularly described in Exhibit A, and
B. Changing text of Chapter VII, Section 2, "Public Works" to read: "The
Public Works/Transportation Department is housed at the Town of Vail shop property which is
located north of 1-70 in the vicinity of the golf course. The Public Works Town Shops may need
to be expanded to accommodate future space needs to allow for additional services to be
located at the shops. Also, in the previous space use study, it was recommended that a small
satellite facility to accommodate under storage and a snowplow be developed in West Vail."
INTRODUCED, READ, APPROVED AND ADOPTED this . day of %Y .ca•
1991.
ATTEST:
Pamela A. Brandmeyer, Town Clerk
1
Kent R. Rose, Mayor
EXHIBIT A
DESCRIPTION OF AREA
OF PROPOSED LAND
USE CHANGE AND REZONING
LEGAL DESCRIPTION
•
THAT PART OF THE NORTH } OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80
WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, LYING
NORTH OF INTERSTATE HIGHWAY NO. 70 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH EAST CORNER OF SAID SECTION 8; THENCE ALONG
THE NORTHERLY LINE OF SAID SECTION 8, SOUTH 89 DEGREES 46 MINUTES
27 SECONDS WEST A DISTANCE OF 1500.00 FEET; THENCE DEPARTING THE
NORTHERLY LINE OF SAID SECTION 8, SOUTH 00 DEGREES 23 MINUTES 03
SECONDS WEST A DISTANCE OF 529.86 FEET TO A POINT ON THE NORTHERLY
RIGHT OF WAY LINE OF INTERSTATE HIGHWAY NO. 70; THENCE ALONG THE
NORTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY NO. 70 FOLLOWING
TWO COURSES:
1) SOUTH 75 DEGREES 28 MINUTES 18 SECONDS EAST A DISTANCE OF
180.82 FEET TO A POINT OF CURVATURE;
2) 1327.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 5580.00 FEET, A CENTRAL ANGLE OF 13 DEGREES 38 MINUTES
04 SECONDS AND A CHORD WHICH BEARS NORTH 89 DEGREES 36 MINUTES 34
SECONDS EAST 1324.70 FEET DISTANCE TO A POINT ON THE EASTERLY LINE
OF SAID SECTION 8;
THENCE DEPARTING SAID RIGHT OF WAY LINE OF INTERSTATE HIGHWAY NO.
70 NORTH 00 DEGREES 23 MINUTES 03 SECONDS EAST ALONG THE EASTERLY
LINE OF SAID SECTION 8, A DISTANCE OF 572.10 FEET TO THE POINT OF
BEGINNING, CONTAINING 20.480 ACRES MORE OR LESS.
THE ABOVE DESCRIPTION IS BASED ON THE TOWN OF VAIL ANNEXATION PLATS
FOR THE PROPERTY DESCRIBED AND IS NOT BASED ON A FIELD SURVEY. THE
BASIS OF BEARING FOR THE ABOVE PARCEL IS THE NORTHERLY LINE OF
SECTION 8 BEING SOUTH 89 DEGREES 46 MINUTES 27 SECONDS WEST AS
SHOWN ON SAID ANNEXATION PLATS. (NORTH ANHOLTZ)
RESOLUTION NO. 14
SERIES 1991
A RESOLUTION AUTHORIZING THE APPOINTMENT OF A NEW INDEXING AGENT
AND AMENDMENT NO. 1 TO THE REMARKETING AGREEMENT
FOR THE TOWN OF VAIL $17,000,000 SPORTS FACILITIES
REVENUE BONDS, SERIES OF 1984
WHEREAS, the Town of Vail issued $17,000,000 principal amount
of its Sports Facilities Revenue Bonds (Vail Associates, Inc.
Project) Series 1984 (the "Bonds") purusuant to a Trust Indenture
(the "Indenture"), as dated of November 1, 1984, by and between the
Issue and the Trustee;
WHEREAS, at the time of the issuance, Continental Bank N.A.
was appointed the indexing agent for the Bonds pursuant to the
Indenture;
WHEREAS, at the time of issuance, Continental was also
appointed remarketing agent for the Bonds pursuant to a Placement
Agreement, dated November 20, 1984, by and between the Company and
Continental Bank N.A. (the "Remarketing Agreement");
WHEREAS, in accordance with the procedures provided in the
Indenture and the Remarketing Agreement, Continental Bank N.A. has
given notice of its resignation as indexing agent and remarketing
agent for the Bonds;
WHEREAS, the LaSalle National Bank, a commercial banking
institution with knowledge and experience in the area of municipal
finance and, specifically, in the remarketing of securities like
the Bonds, meets the crieteria for indexing agent and remarketing
agent; and
WHEREAS, Vail Associates, Inc. desires that LaSalle National
Bank be appointed indexing agent and remarketing agent for the
Bonds under the same terms and conditions as Continental Bank N.A.
and LaSalle National Bank desires to accept such appointments;
NOW, THEREFORE, be it resolved by the Town Council of the
Town of Vail, Colorado:
1. The appointment of the LaSalle National Bank be
appointed as the new indexing agent and remarketing agent for
the $17,000,000 Sports Facilities Revenue Bonds (Vail
Associates, Inc. Project) Series 1984.
2. That the Mayor of the Town of Vail is hereby authorized
• • •
to execute the appointment of indexing agent and Amendment No.
1 to the Remarketing Agreement attached to this Resolution and
incorporated herein by reference.
INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of
June , 1991.
le44/1//qq‘b°
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
c:lresolul9
75 south frontage road
vail, coloredo 81657
(303) 479-2107
office of town attorney
June 25, 1991
Dan Kantor
Mayer, Brown & Platt
190 South LaSalle Street
Chicago, Illinois 60603-3441
RE: Certificate of Town of Vail, Colorado
Appointment of Indexing Agent and Amendment No. 1 to
the Remarketing Agreement
Dear Mr. Kantor,
Enclosed please find original Certificate of Town of Vail,
Colorado, a copy of Exhibit A - Resolution No. 14, Series
1991, and a copy of the Appointment of Indexing Agent and
Amendment No. 1 to the Remarketing Agreement.
Please do not hesitate to call if you have any questions.
Yours truly,
Larry A. Eskwith
Town Attorney
LAE/dd
• • •
CERTIFICATE
OF
TOWN OF VAIL, COLORADO
The undersigned, as Mayor of the Town of Vail, Colorado
(hereinafter called the "Issuer") does hereby certify as follows:
1. The Issuer is authorized under the County and
Municipality Development Revenue Bond Act (the "Act") to issue
revenue bonds and, from time to time, to approve necessary
amendments to documents executed in connection therewith.
2. Attached hereto as Exhibit A is a true, complete and
correct copy of a Resolution duly adopted by the Issuer pursuant
to the Act; such resolution was duly considered and adopted in
conformity with all applicable requirements, and all other
requirements and proceedings (including any and all required
postings and publications) incident to the proper adoption and
effectiveness of such resolution have been duly fulfilled,
carried out and otherwise observed; such resolution is in full
force and effect and has not been altered, amended or repealed as
of the date hereof.
3. The Appointment of Indexing Agent and Amendment No. 1
to the Remarketing Agreement, dated as of May 28, 1991 (the
"Amendment"), among the Issuer, The Colorado National Bank of
Denver, Vail Associates, Inc., LaSalle National Bank and
Continental Bank N.A., as executed and delivered, is in
substantially the same form and text as the copy of such document
which was before and approved by the Issuer.
4. The persons executing this certificate were, on the
date of execution of the Amendment, the duly chosen and acting
officers of the Issuer as set forth below their respective names
and their signatures appearing below are the genuine signatures
of said officers.
IN WITNESS WHEREOF, the undersigned have hereunto set their
signatures under the seal of the Town of Vail, Colorado this
day of May, 1991.
TOWN OF VAIL, COLORADO
Attest: 4.-4U14))4
Town Clerk
APPOINTMENT OF INDEXING AGENT AND
AMENDMENT NO. 1 TO THE REMARKETING AGREEMENT
•
THIS APPOINTMENT OF INDEXING AGENT AND AMENDMENT NO. 1 TO
THE REMARKETING AGREEMENT (the "Amendment"), dated as of May 28,
1991, among the Town of Vail, Colorado (the "Issuer"), The
Colorado National Bank of Denver (the "Trustee"), Vail
Associates, Inc. (the "Company"), Continental Bank N.A.
("Continental") and LaSalle National Bank ("LaSalle"),
W I T NES S E T H:
WHEREAS, the Issuer issued $17,000,000 principal amount of
its Sports Facilities Revenue Bonds (Vail Associates, Inc.
Project) Series 1984 (the "Bonds") pursuant to a Trust Indenture
(the "Indenture"), dated as of November 1, 1984, by and between
the Issuer and the Trustee;
WHEREAS, at the time of issuance, Continental was appointed
indexing agent for the Bonds pursuant to the Indenture;
WHEREAS, at the time of issuance, Continental also was
appointed remarketing agent for the Bonds pursuant to a Placement
Agreement, dated November 20, 1984, by and between the Company
and Continental (the "Remarketing Agreement");
WHEREAS, in accordance with the procedures provided in the
Indenture and the Remarketing Agreement, Continental has given
notice of its resignation as indexing agent and remarketing agent
for the Bonds;
WHEREAS, LaSalle, a commercial banking institution with
knowledge and experience in the area of municipal finance and,
specifically, in the remarketing of securities,like the Bonds,
meets the criteria for indexing agent and remarketing agent; and
WHEREAS, the Company desires that LaSalle be appointed
indexing agent and remarketing agent for the Bonds under the same
terms and conditions as Continental and LaSalle desires to accept
such appointments;
NOW, THEREFORE, in consideration of the premises and the
mutual representations and agreements set forth herein, the
parties hereto agree as follows:
Section 1. Recitals. The recitals set forth above are made
a part hereof.
/32E/GJS/LNB-12
Section 2. Representations and Warranties. Each of the
parties hereto, represents and warrants that it is authorized to
enter into and execute this Amendment. All representations and
warranties made in the Remarketing Agreement are restated by the
respective parties on the date hereof; provided that LaSalle
makes the representations and warranties of the remarketing agent
for the Bonds.
Section 3. Appointment of LaSalle; Release of Continental.
The Trustee hereby appoints LaSalle as indexing agent for the
Bonds, and the Issuer and the Company hereby consent to such
appointment. The Issuer, at the direction of the Company, hereby
appoints LaSalle as remarketing agent for the Bonds. LaSalle
hereby accepts such appointments. Continental is hereby released
from the duties of indexing agent and remarketing agent for the
Bonds and from any liabilities arising henceforth from acts or
omissions of LaSalle or any other successor indexing agent or
remarketing agent for the Bonds. All of the actions provided for
in this section shall take effect simultaneously on the date
hereof.
Section 4. Terms and Conditions. The Company and LaSalle
agree that LaSalle is hereby deemed to be a _arty to the
Remarketing Agreement and shall serve as indexing agent and
remarketing agent for the Bonds under the same terms and
conditions as heretofore have been applicable to Continental in
its role as indexing agent and remarketing agent for the Bonds.
Section 5. Amendment of the Remarket_nc Agreement. The
Remarketing Agreement is hereby amended as necessary to carry out
fully the intent of this Amendment.
Section 6. Notices to Indexina Agent or Remarketing
Agent. Any notice to the indexing agent or remarketing agent
pursuant to the Indenture or the Remarketing Agreement shall be
in writing and addressed as follows:
LaSalle National Bank
National Public Finance Division
200 West Madison Street
Chicago, Illinois 60606
Attention: Jonathan Gartner
Telephone: (312) 781-7100
Facsimile: (312) 750-6102
Section 7. Remarketing Agreement. Except as modified by
this Amendment, the Remarketing Agreement shall remain in full
force and effect.
/32E/GJS/LNB-12
•
Section 8. Counterparts. This Amendment may be executed in
several counterparts, each of which sham be an original and all
of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this
Appointment of Indexing Agent and Amendment No. 1 to the
Remarketing Agreement to be duly executed in their respective
names, all as of the date first above written.
.
/32E/GJS/LNB-12
TOWN OF VAIL, COLORADO
By: \,:k;714‹)3,' ---
Its :
Jk;`) D ,'—Its: t'\AyOK
THE COLORADO NATIONAL BANK
OF DENVER, as trustee
By:
Its:
VAIL ASSOCIATES, INC.
By:
Its:
LASALLE NATIONAL BANK
By:
Its:
CONTINENTAL BANK N.A.
By:
Its:
• •
RESOLUTION #15
A RESOLUTION SETTING FORTH THE INTENT OF THE
TOWN OF VAIL, COLORADO TO ISSUE BONDS TO
FINANCE VARIOUS PROJECTS.
WHEREAS, the Town of Vail, Colorado (the "Town") is authorized pursuant
to Article X of the Town Charter to issue bonds to finance public projects of the Town;
and
WHEREAS, the Town Council has been advised of the need to construct
a new facility to house the Town Police Department and to construct an addition to an
existing Town public works facility.
WHEREAS, the Town Council expects to incur certain expenditures relating
to such projects prior to obtaining permanent financing, and the Town intends to
reimburse itself for such prior expenditures with proceeds of the permanent financing.
WHEREAS, this Resolution is intended to constitute the Town's declaration
of official intent to reimburse itself for such expenditures.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1. In order to permit the Town to reimburse itself for prior
expenditures relating to the Projects (as defined below) with the proceeds of bonds, the
interest on which will be excluded from gross income for federal income tax purposes, the
Town Council hereby determines and declares as follows:
a) The projects to be financed by the issuance of the Bonds will be
a building of approximately 22,000 square feet to be constructed on land currently owned
by the Town to house the Town Police Department and other Town functions with an
approximate cost of $3,500,000, and an addition to an existing Town public works facility
of approximately 3,000 square feet at a cost of approximately $400,000 (the "Projects");
b) The Town intends to incur expenditures with respect to the
Projects prior to the issuance of Bonds for financing the Projects and to reimburse those
expenditures from the issuance of Bonds; and
c) It is reasonably expected that the expenditures which will be
reimbursed will be made from the Town's Capital Projects Fund and that the source of
funds to pay debt service on the Bonds will be the Town's sales, use, or other excise tax
(or a combination thereof).
d) The payment of costs related to the Projects from the Town's
Capital Projects Fund and the reimbursement of such costs from the proceeds of the
Bonds is consistent with the Town's budgetary and financial circumstances as of the date
of this Resolution. The Town does not currently have moneys which are, nor does the
Town reasonably expect moneys to be, allocated on a long-term basis, reserved or
otherwise available pursuant to the Town's budget to pay the expenditures which the
Town intends to reimburse.
Section 2. This Resolution shall be available in the records of the Town
Clerk at the Town Hall for inspection by the general public from the date of adoption until
the date of issuance of the Bonds.
-1-
•
Section 3. The officers of the Town be, and they hereby are, authorized and
directed to take all action necessary or appropriate to effectuate the provisions of this
Resolution.
Section 4. All resolutions, or parts thereof, in conflict herewith are hereby
repealed to the extent only of such inconsistency. This repealer shall not be construed
to revive any resolution or part of any resolution heretofore repealed.
Section 5. If any section, paragraph, clause, or provision of this Resolution
shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause, or provision shall in no way affect any
remaining provisions of this Resolution.
Section 6. This Resolution shall take effect immediately upon its passage
and adoption by the Town Council.
PASSED, ADOPTED AND APPROVED this 6th day of August, 1991.
Kent R. Rose, Mayor
ATTEST:
LL,)Jcu.-)
Pamela A. Brandmeyer, Town Clerk
•
RESOLUTION NO. 16
SERIES 1991
A RESOLUTION TO INVESTIGATE AND EVALUATE
WHICH FACILITIES IT MAY BE NECESSARY
FOR THE TOWN TO CONTROL OR ACQUIRE FOR THE PURPOSE OF
PROTECTING THE TOWN'S INTEREST IN THE
PROPER OPERATION AND MANAGEMENT OF THE VAIL SKI AREA
WHEREAS, Vail Associates, Inc. is a subsidiary of Gillett Holdings, Inc.; and,
WHEREAS, Gillett Holdings, Inc. is the debtor in a Chapter 11 bankruptcy
proceeding; and,
WHEREAS, the Town Council therefore considers it necessary to evaluate its
options in an effort to protect the public interest of the Town in the continuation of the Vail ski
area and its effective and proficient management.
NOW, THEREFORE, be it resolved by the Town Council of the
Town of Vail, Colorado:
1. The Town Council shall take all steps necessary to investigate and
evaluate which facilities it may be necessary for the Town to control or acquire for the
purpose of protecting the Town's interest in the proper operation and management of the
Vail ski area.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of
August
, 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer,'Town Clerk
C:IRESOLU.1 s
RESOLUTION NO. 17
SERIES 1991
A RESOLUTION AUTHORIZING THE TOWN MANAGER OR HIS AGENT
TO ENTER INTO NEGOTIATIONS FOR A CONTRACT TO CONSTRUCT
MUNICIPAL OFFICES WITHIN "THE OLD POST OFFICE BUILDING"
WHEREAS, it is necessary to construct municipal offices within the building known as "the
old post office building" in order to provide office space for the Community Development
Department of the Town of Vail; and,
WHEREAS, given the relatively small size of the project, considerable Town of Vail funds
will be saved in negotiating a contract for the construction of the project rather than submitting
it for public bid; and,
WHEREAS, Section 3.16.050 of the Municipal Code of the Town of Vail provides that the
Town Council may, by resolution, authorize the Town Manager to enter into negotiations for a
contract to construct a particular local improvement or to perform work thereon without submitting
it for bid.
NOW, THEREFORE, be it resolved by the Town Council of the
Town of Vail, Colorado:
1. That the Town Manager be hereby authorized to enter into negotiations for a
contract to construct offices for the Community Development Department and other Town of Vail
personnel within the building commonly known as "the old post office building" without submitting
such contract for bid.
2. It is the opinion of the Town Council that negotiating this particular contract would
be in the best interests of the public and the Town.
3. This resolution shall be effective immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of
August ,1991.
ATTEST:
Pamela A. Brandmeyer, Town Clerk
C:IRESOLU.t 7
Kent R. Rose, Mayor
1
Z
RESOLUTION NO. 18
SERIES 1991
A RESOLUTION AUTHORIZING THE TOWN MANAGER OR HIS AGENT
TO ENTER INTO NEGOTIATIONS FOR A CONTRACT TO CONSTRUCT
AN IRRIGATION CONNECTION AT THE VAIL TRANSPORTATION CENTER
WHEREAS, it is necessary to construct an irrigation connection at the Vail Transportation
Center; and,
WHEREAS, given the relatively small size of the project, considerable Town of Vail funds
will be saved in negotiating a contract for the construction of the project rather than submitting
it for public bid; and,
WHEREAS, Section 3.16.050 of the Municipal Code of the Town of Vail provides that the
Town Council may, by resolution, authorize the Town Manager to enter into negotiations for a
contract to construct a particular local improvement or to perform work thereon without submitting
it for bid.
NOW, THEREFORE, be it resolved by the Town Council of the
Town of Vail, Colorado:
1. That the Town Manager be hereby authorized to enter into negotiations for a
contract to construct an irrigation connection at the Vail Transportation Center without submitting
such contract for bid.
2. It is the opinion of the Town Council that negotiating this particular contract would
be in the best interests of the public and the Town.
3. This resolution shall be effective immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of
August ,1991
ATTEST:
Pamela A. Brandmeyer, T wn Clerk
C:IRESOLU.18
Kent R. Rose, Mayor
1
RESOLUTION NO. 19
SERIES 1991
A RESOLUTION ASKING THE COLORADO WILDLIFE COMMISSION
TO TAKE CERTAIN ACTION CONCERNING ANIMAL LEGHOLD TRAPS
IN AND AROUND THE TOWN OF VAIL
WHEREAS, there have been numerous recent incidents in which pets of citizens of the
Town have been caught and injured in leghold traps; and,
WHEREAS, the Town of Vail is an all season resort area which attracts visitors
interested in using the numerous trails originating in the Town for recreational purposes; and,
WHEREAS, Leghold traps are a serious threat to citizens, visitors, and their pets; and,
WHEREAS, the Colorado Wildlife Commission intends to meet on September 20, 1991,
to consider taking appropriate action to deal with the impact of animal leghold traps on pets and
citizens of the towns and cities in the State of Colorado; and,
WHEREAS, the Town wishes to ask the Colorado Wildlife Commission to adopt certain
policies to protect pets, citizens, and visitors within the Town of Vail.
NOW, THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
The Colorado Wildlife Commission is hereby requested to adopt a policy regulating
trapping in and around the Town of Vail, prior to the 1991-92 trapping season, incorporating
the following:
A. A setback of 50 yards from either side of any trail or roadway originating within
the municipal limits of the Town of Vail, such ban to be effective on any such trail extending from
the top of Vail Pass to Dowd Junction if such trail or roadway is designated on any map published
by any government ("protected trail"). The setback shall be free of any leghold traps or any other
type of animal trap that may cause injury to any person or pet.
1
B. The establishment of a "trap free" zone free of all leghold traps or any other type
of animal trap that may cause injury to any person or pet which extends 100 yards in all directions
from the parking or staging area of any protected trail.
C. The establishment of a "trap free" zone of five hundred feet from the Town of
Vail`s municipal boundaries.
D. Notwithstanding the restrictions in paragraphs A through C of this resolution, the
Town of Vail Animal Control Officer shall have the power to issue a permit for the trapping of any
animal which is a nuisance. The Animal Control Officer shall designate the type of trap and the
general area of its usage within the Town of Vail contained in the permit issued.
E. The establishment of a procedure which would permit the Regional Department of
Wildlife Agent to grant an exception to any of the above provisions when appropriate.
INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of September, 1991.
ATTEST:
Pamela A. Brandmeyer, Town Clerk
01RESOL1,1.19
Kent R. Rose, Mayor
2
10.1.1r - .U.t4L
rr-1q-1r0:.G.ct,
RESOLUTION NO. 20
SERIES 1991
A RESOLUTION AUTHORIZING THE TOWN TO INVEST ITS
SURPLUS FUNDS WITH OTHER GOVERNMENT ENTITIES IN CENTRUST
(FORMERLY JEFFTRUST);
AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, C.R.S. Section 24-75-601 and 701, et seq., as amended and C.R.S. Section
24-75-702, et seq., as amended, authorize local governments to pool any moneys in their
treasuries which are currently surplus funds and not immediately required to be disbursed, with
similar moneys from other local governmental entities, in order for these entities to take
advantage of short-term investments and maximize net interest earnings; and,
WHEREAS, CENTRUST is formed as a common law trust under the laws of the state of
Colorado; and,
WHEREAS, the Town of Vail wishes to participate in CENTRUST.
NOW, THEREFORE, it is hereby resolved:
1. The Town Council hereby designates the Controller of the Town of Vail, who is
the Town of Vail official empowered to invest the Town's funds to execute the CENTRUST trust
indenture and any other documents necessary to establish an account with CENTRUST, and the
Controller is hereby designated the "Treasurer" as that term is defined in the trust indenture and
is therefore authorized to invest money from the Town of Vail treasury, from time to time, which
are not immediately required to be disbursed, by purchasing shares of CENTRUST with those
available funds as he deems appropriate and is authorized to redeem, from time to time, part or
all of those shares as funds are needed for other purposes.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this day of
, 1991.
Thomas I. Steinberg, Mayor Pro -Tem
ATTEST:
Pamela A. Brandmeyer, Town Clerk
• 1
RESOLUTION NO. 21
SERIES 1991
A RESOLUTION SETTING A FEE IN LIEU OF THE DEDICATION
OF LAND FOR SCHOOL SITES AS PROVIDED FOR IN
ORDINANCE NO. 1, SERIES 1991
WHEREAS, Ordinance No. 1, Series 1991 provides for the dedication of land for school
sites or a fee in lieu thereof; and,
WHEREAS, Ordinance No. 1, Series of 1991 further provides that the Town Council set
the amount of the fee in lieu on an annual basis;
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
1. The amount of the fee in lieu of the dedication of land for school sites as
required by Ordinance No. 1, Series of 1991 shall be $5,000.00 for the year 1991.
2. This resolution shall take effect immediately upon passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of November, 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
C:IRESOLU.21
•
RESOLUTION NO. 22
Series of 1991
A RESOLUTION APPROVING THE STREETSCAPE MASTER PLAN
FOR THE TOWN OF VAIL; AND SETTING FORTH DETAILS
IN REGARD THERETO.
WHEREAS, Section 2.24.060 of the Municipal Code of the Town of Vail provides that the
Planning and Environmental Commission shall make and adopt a Master Plan for approval by the
Town Council for the physical dev'elopment of the town; and
WHEREAS, the Streetscape MasterPlan was developed through extensive participation
by the public, the Planning and Environmental Commission, and the Town Council; and
WHEREAS, the Plan is a reflection of the goals, desires and objectives of the citizens of
the Town of Vail for the long term planning development of the area set forth in the Plan; and
WHEREAS, the Streetscape Master Plan was adopted by the Planning and Environmental
Commission at a regular meeting and is hereby submitted to the Town Council for its approval;
and
WHEREAS the Town Council is of the opinion that the Streetscape Master Plan is an
appropriate long range planning document guiding growth and development within the area set
forth in the Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
The Town Council hereby approves the Streetscape Master Plan as submitted by the
Planning and Environmental Commission.
INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of November
1991.
Ke/41
Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
•
RESOLUTION NO. 23
SERIES 1991
A RESOLUTION DECLARING THE INTENTION OF THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT
COMMONLY REFERRED TO AS "UTILITY UNDERGROUND DISTRICT NO. 1",
WITHIN THE BOUNDARIES OF THE TOWN OF VAIL
FOR THE PURPOSE OF
CONVERTING EXISTING OVERHEAD ELECTRIC FACILITIES
TO UNDERGROUND LOCATIONS; ADOPTING THE DETAILS AND SPECIFICATIONS
THEREFORE; AND ORDERING PUBLICATION AND MAILING OF
NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED
FOR THE IMPROVEMENTS IN SAID DISTRICT.
WHEREAS, the Town Council of the Town of Vail, Colorado, has determined to create a
local improvement district pursuant to the provisions of the Colorado Underground Conversion
of Utilities Act (29-8-101 Colorado Revised Statutes, et seq.), and to provide for the relocation of
overhead electric facilities to underground locations and to assess the cost against the property
benefitted and included within the Improvement District; and
WHEREAS, the Town Council has heretofore adopted a resolution directing Holy Cross
Electric, Inc. (Holy Cross) who provides and serves the proposed district with electric facilities and
service to make a study of the cost of conversion of the facilities to underground services; and
WHEREAS, the Town of Vail, pursuant to said resolution, have caused Schmueser
Gordan Meyer, Inc. to prepare a report setting forth the costs and feasibility of the proposed
project, which report has been filed with the Town Clerk; and
WHEREAS, the Town Council has examined and considered the report by the public utility
company;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
Section 1
That the report setting forth an estimate of the costs and feasibility for the conversion of
existing overhead electric and communication facilities to underground service, prepared and filed
with the Town Clerk, be and the same is hereby approved and adopted for use in the construction
of the improvements to be made in said Improvement District.
Section 2
That the removal of all and any part of the existing electric facilities, including but not
limited to overhead electric facilities and the replacement thereof with underground electric
facilities, will promote the public convenience, necessity and welfare.
1
• . •
Section 3
That the property to be assessed for said improvements shall be the property included
within the District boundaries, as depicted by that area designated in Exhibit "A", annexed hereto
and incorporated herein, and specially benefitted by said improvements; the area and boundaries
of the proposed Improvement District is follows:
The District Boundaries include all of Bighorn Subdivision, Fifth Addition and Gore Creek
Meadows Filing No. 1 exclusive of the following in Bighorn Subdivision, Fifth Addition; Lots 2, 3,
4 and 6, Block 1; Lots 2 through 9, Block 2; Lots 1 through 14, Block 3; Lot 1A, Block 1A; Lots
1, 2, 3, 6, and 8, Block 4; Lots 1, 4, 6, 8 and 11, Block 5; Lots 3, 4, 7, 8, 12, 18, 19 and 20, Block
7.
Section 4
That the costs and expenses of the District created and depicted in Exhibit "B" are, except
as otherwise provided for, to be levied and assessed upon the abutting, adjoining, and adjacent
lots and lands along or upon which improvements are to be made, and upon other lots and lands
benefitted by such improvements as depicted in Exhibit "B", as annexed hereto and incorporated
herein.
Section 5
The improvements shall consist of removing overhead electric facilities, including but not
limited to electric poles, lines and other equipment, and replacing the same with underground
electric facilities, except certain terminal and utility boxes or pedestals, which will be above
ground, and including all necessary changes to the service entrance equipment of each structure
and residence. The lines will be installed in trenches and ditches which will be placed across
present easements and across those lots and tracts of land as the public utility companies shall
determine necessary and feasible for the location of such underground lines, and as shown on
the reports presently on file with the Town Clerk.
The Town Council has determined that special benefits will accrue to each lot and tract
of land within the District as a result of the relocation of utility lines and equipment, such benefits
consisting of the elimination of unsightly lines and poles, and for the greater safety of the
residents, particularly children, within the District.
Section 6
That the present total estimated cost of the proposed removal of all existing overhead
electric facilities within the District, and the replacement of the same with underground electric,
2
facilities is the amount of $170,893.
Section 7
A public hearing on the proposed improvements and the question of benefit to be derived
by the real property in the District shall be held by the Town Council at 7:30 p.m. on January 7,
1991, in the Town Council Chambers, Vail Municipal Building, 75 S. Frontage Rd., Vail, Colorado.
Section 8
The Town Clerk shall cause notice of the proposed improvements and the hearing thereon
to be published in full one time in the Vail Trail, a newspaper of general circulation in the Town,
specifically, on December 6, 1991. In addition, the Town Clerk shall cause a copy of the notice
to be mailed to the last known address of each owner of land within the proposed district whose
property will be assessed for the cost of the improvement utilizing the address last appearing on
the real property records of the Eagle County Treasurer; and also, a copy of such notice to be
addressed to `owner" and shall be so mailed, addressed to the street number of each piece of
improved property to be affected by the assessment. Both written notices shall be mailed to the
owners of affected property within the District no later than December 24, 1991.
The Notice to be published and mailed as herein depicted shall be in substantially the
following form:
NOTICE OF INTENTION TO CREATE A LOCAL IMPROVEMENT DISTRICT,
COMMONLY KNOWN AS THE "UTILITY UNDERGROUND DISTRICT" IN THE TOWN
OF VAIL, COLORADO, FOR THE PURPOSE OF REMOVING EXISTING OVERHEAD
ELECTRIC FACILITIES, AND TO REPLACE THE SAME WITH UNDERGROUND
ELECTRIC FACILITIES, AND NOTICE OF A HEARING THEREON.
(a) All owners of real estate and property hereinafter described, and all persons
generally, are hereby notified that there was filed with the Clerk of the Town of Vail, Colorado,
a report prepared by Schmueser Gordan Meyer, Inc. on behalf of the Town of Vail, Inc. as to the
cost and feasibility of the removal of existing overhead electric facilities and replacing the same
with underground electric facilities within a proposed underground local improvement district within
the present boundaries of the Town of Vail, to be know as Local Underground District No. 1. Said
persons are further notified as follows:
(b) The boundary of the District shall be as depicted by Exhibit "A", and is as follows:
The District Boundaries include all of Bighorn Subdivision, Fifth Addition and Gore Creek
Meadows Filing No. 1 exclusive of the following in Bighorn Subdivision, Fifth Addition; Lots 2, 3,
4 and 6, Block 1; Lots 2 through 9, Block 2; Lots 1 through 14, Block 3; Lot 1A, Block 1A; Lots
3
• •
1, 2, 3, 6, and 8, Block 4; Lots 1, 4, 6, 8 and 11, Block 5; Lots 3, 4, 7, 8, 12, 18, 19 and 20, Block
7.
(c) The improvements shall consist of trenching, undergrounding electric facilities and
backfilling the same, except certain terminal and utility boxes of pedestals which shall be above
ground, and including all necessary changes to the service entrance equipment of each structure
and residence, all as more particularly set forth in the cost and feasibility report. The lines will
be installed in trenches and ditches which will be placed across present easements and across
those lots and tracts of land as the public utility companies shall determine necessary and
feasible for the location of such underground lines.
The Town Council has determined that special benefits will accrue to each lot and tract
of land within the District as a result of the removal and replacement of utility lines and
equipment, such benefits consisting of the elimination of unsightly lines and poles, and for the
greater safety of the residents, particularly children, within the District.
(d) The estimated total cost of the project as determined from the cost and feasibility
report by Schmueser Gordan Meyer, Inc. including the cost of the improvement, engineering and
clerical services, advertising, inspection, collection of assessments, interest on bonds, and legal
services for preparing proceedings and advising in regard thereto, is the amount of $170,893.
(e) It is proposed that the cost of the project shall be paid and assessed as depicted
in Exhibit "B". In the event the actual conversion and incidental costs are less than the estimated
conversion and incidental costs, each owner within the Improvement District shall receive the
benefit prorated in such form and at such time as the Council may determine.
(f) A public hearing on the proposed improvements and the question of benefit to be
derived by the real property in the District shall be held by the Town Council at 7:30 p.m. on
January 7, 1992, in the Town Council Chambers, Vail Municipal Building, 75 S. Frontage Rd.,
Vail, Colorado.
(g) Any interested person desiring to be heard upon the issue of the creation of the
District and the question of whether the owner's property will be benefitted by the proposed
improvements may appear at the time and place set for the public hearing. Every person who
owns real property within the boundaries of the District, and who fails to appear before the Town
Council at the hearing and make any objection he or she may have to the creation of the District,
the making of the improvements and the inclusion of his or her real property in the District, shall
be deemed to have waived such objection. Such waiver shall not, however, preclude his or her
4
right to object to the amount of the assessment at the assessment hearing, at a later date.
(h) The public utility performing the conversion shall, at the expense of the property
owner, convert to underground all electric and communication facilities located upon any lot or
parcel of land within the Improvement District and not within the easement for distribution. This
shall include the digging and the backfilling of a trench upon such lot or parcel, unless the owner
executes a written objection thereto and files the same with the Town Clerk not later than the date
of the public hearing on the proposed improvement and the question of benefits to be derived by
the real property in the District. Failure to file such written objection shall be taken as a consent
and grant of easement to the public utility and shall be construed as express authority to the
public utility and their respective officers, agents and employees to enter upon such lot or parcel
for such purpose, and through failure to object, any right of protest or objection with respect to
the doing of such work shall be waived. if an owner does file such written objection, he or she
shall then be responsible for providing a trench which is in accordance with applicable rules,
regulations, or tariffs from the owner's service entrance to a point designated by the public utility
and for backfilling a trench following the installation of the underground service by the public
utility.
In any event, the cost of any work done by the public utility shall be included in the
assessment to be levied upon such lot or parcel. Should a written objection be filed, the owner
involved shall be obligated for, and the public utility entitled to, a payment for the actual cost for
such work accomplished upon the owner's property by the public utility; such amount shall be Tess
than the cost if the public utility had performed the trenching and backfilling. Further, the owner
shall, at his or her own expense, make all necessary changes in the service entrance equipment
to accept the underground service.
Any lot or parcel is subject to disconnection of electric service if the owner or person in
possession of such lot or parcel:
(1) prevents entrance upon the lot or parcel for conversion purposes;
(2) fails to provide an acceptable trench and backfill after filing an objection
pursuant to Section 29-8-133, Colorado Revised Statutes; or
(3) otherwise fails to provide for underground service connection to his
property in a manner satisfactory to the public utility.
All owners of land within the District may file written request for inclusion of the cost of
conversion of utility facilities upon their property.
5
(1) A copy of the cost and feasibility report, Resolution No. 22, Series of 1990
enacting the district, and all resolutions and proceedings are on file and can be seen and
examined by any interested person at the Vail Municipal Building, 75 S. Frontage Rd., Vail,
Colorado, at any time during business hours on or prior to the date of hearing.
Section 9
Nothing in this resolution shall be construed to affect any right, duty or liability under any
resolutions in effect prior to the effective date of this resolution, and the same shall be continued
and concluded under such prior resolutions.
INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of
December
, 1991.
ATTEST:
Pamela A. Brandmeyer, Town Clerk
C:IRESOLU23
c
Margaret A. Osterfoss, Mayor
6
• • o
EXHIBIT "B"
CONSTRUCTION OVERHEAD &
COST CONTINGENCY TOTAL
$146,257 $ 24,636 $170,893
PUBLIC NOTICE
NOTICE OF INTENTION TO CREATE
A LOCAL IMPROVEMENT DISTRICT,
COMMONLY KNOWN AS THE "UTILITY UNDERGROUND DISTRICT'
IN THE TOWN OF VAIL, COLORADO,
FOR THE PURPOSE OF REMOVING EXISTING OVERHEAD
ELECTRIC FACILITIES, AND TO REPLACE THE SAME
WITH UNDERGROUND ELECTRIC FACILITIES,
AND NOTICE OF A HEARING THEREON.
(a) All owners of real estate and property hereinafter described, and all
persons generally, are hereby notified that there was filed with the Clerk of the
Town of Vail, Colorado, a report prepared by Schmueser Gordan Meyer, Inc. on
behalf of the Town of Vail, Inc. as to the cost and feasibility of the removal of
existing overhead electric facilities and replacing the same with underground
electric facilities within a proposed underground local improvement district within
the present boundaries of the Town of Vail, to be know as Local Underground
District No. 1. Said persons are further notified as follows:
(b) The boundary of the District shall be as depicted by Exhibit "A", and
is as follows:
The District Boundaries include all of Bighorn Subdivision, Fifth Addition and
Gore Creek Meadows Filing No. 1 exclusive of the following in Bighorn
Subdivision, Fifth Addition; Lots 2, 3, 4 and 6, Block 1; Lots 2 through 9, Block 2;
Lots 1 through 14, Block 3; Lot 1A, Block 1A; Lots 1, 2, 3, 6, and 8, Block 4; Lots
1, 4, 6, 8 and 11, Block 5; Lots 3, 4, 7, 8, 12, 18, 19 and 20, Block 7.
(c) The improvements shall consist of trenching, undergrounding electric
facilities and backfilling the same, except certain terminal and utility boxes of
pedestals which shall be above ground, and including all necessary changes to the
service entrance equipment of each structure and residence, all as more
particularly set forth in the cost and feasibility report. The lines will be installed
in trenches and ditches which will be placed across present easements and across
those lots and tracts of land as the public utility companies shall determine
necessary and feasible for the location of such underground lines.
The Town Council has determined that special benefits will accrue to each
lot and tract of land within the District as a result of the removal and replacement
of utility lines and equipment, such benefits consisting of the elimination of
unsightly lines and poles, and for the greater safety of the residents, particularly
children, within the District.
(d) The estimated total cost of the project as determined from the cost
and feasibility report by Schmueser Gordan Meyer, Inc. including the cost of the
improvement, engineering and clerical services, advertising, inspection, collection
of assessments, interest on bonds, and legal services for preparing proceedings and
advising in regard thereto, is the amount of $170,893.
(e) It is proposed that the cost of the project shall be paid and assessed
as depicted in Exhibit "B". In the event the actual conversion and incidental costs
are less than the estimated conversion and incidental costs, each owner within the
Improvement District shall receive the benefit prorated in such form and at such
time as the Council may determine.
(f) A public hearing on the proposed improvements and the question of
benefit to be derived by the real property in the District shall be held by the Town
Council at 7:30 p.m. on January 7, 1992, in the Town Council Chambers, Vail
Municipal Building, 75 S. Frontage Rd., Vail, Colorado.
(g) Any interested person desiring to be heard upon the issue of the
creation of the District and the question of whether the owner's property will be
benefitted by the proposed improvements may appear at the time and place set for
the public hearing. Every person who owns real property within the boundaries of
the District, and who fails to appear before the Town Council at the hearing and
make any objection he or she may have to the creation of the District, the making
of the improvements and the inclusion of his or her real property in the District,
shall be deemed to have waived such objection. Such waiver shall not, however,
preclude his or her right to object to the amount of the assessment at the
assessment hearing, at a later date.
(h) The public utility performing the conversion shall, at the expense of
the property owner, convert to underground all electric and communication
• . •
facilities located upon any lot or parcel of land within the Improvement District
and not within the easement for distribution. This shall include the digging and
the backfilling of a trench upon such lot or parcel, unless the owner executes a
written objection thereto and files the same with the Town Clerk not later than
the date of the public hearing on the proposed improvement and the question of
benefits to be derived by the real property in the District. Failure to file such
written objection shall be taken as a consent and grant of easement to the public
utility and shall be construed as express authority to the public utility and their
respective officers, agents and employees to enter upon such lot or parcel for such
purpose, and through failure to object, any right of protest or objection with
respect to the doing of such work shall be waived. If an owner does file such
written objection, he or she shall then be responsible for providing a trench which
is in accordance with applicable rules, regulations, or tariffs from the owner's
service entrance to a point designated by the public utility and for backfilling a
trench following the installation of the underground service by the public utility.
In any event, the cost of any work done by the public utility shall be
included in the assessment to be levied upon such lot or parcel. Should a written
objection be filed, the owner involved shall be obligated for, and the public utility
entitled to, a payment for the actual cost for such work accomplished upon the
owner's property by the public utility; such amount shall be less than the cost if
the public utility had performed the trenching and backfilling. Further, the owner
shall, at his or her own expense, make all necessary changes in the service
entrance equipment to accept the underground service.
Any lot or parcel is subject to disconnection of electric service if the owner
or person in possession of such lot or parcel:
(1) prevents entrance upon the lot or parcel for conversion
purposes;
(2) fails to provide an acceptable trench and backfill after filing an
objection
pursuant to Section 29-8-133, Colorado Revised Statutes; or
(3) otherwise fails to provide for underground service connection to
• i
his property in a manner satisfactory to the public utility.
All owners of land within the District may file written request for inclusion
of the cost of conversion of utility facilities upon their property.
(i) A copy of the cost and feasibility report, Resolution No. 22, Series of
1990 enacting the district, and all resolutions and proceedings are on file and can
be seen and examined by any interested person at the Vail Municipal Building, 75
S. Frontage Rd., Vail, Colorado, at any time during business hours on or prior to
the date of hearing.
TOWN OF VAIL
Pamela A. Brandmeyer, Town Clerk
C:\RES23PUB.NOT
1
1
i
EXHIBIT "B"
i
CONSTRUCTION OVERBEAD &
COST CONTINGENCY TOTAL
$146,257 $ 24,636 $L70,893
•
• RESOLUTINO. 24
Series of 1991
A RESOLUTION APPROVING WETLAND MITIGATION SITES IN THE TOWN OF VAIL
FOR THE BLACK LAKES RESERVOIR EXPANSION PROJECT,
WITH CERTAIN CONDITIONS
WHEREAS, the Vail Valley Consolidated Water District (VVCWD) proposed to enlarge
Black Lake No. 1, located near Vail Pass, to accommodate an additional two hundred twenty-
seven (227) acre-feet of water storage capacity; and
WHEREAS, the Town of Vail approved Resolution No. 6, Series of 1988 and Resolution
No. 21, Series of 1990, in support of the proposed Black Lakes Reservoir Project, subject to
certain conditions; and
WHEREAS, the proposed Black Lakes Reservoir Project is supported by the Colorado
Division of Wildlife and will be operated so as to optimize the use of project water for fishery
benefits during the winter low flow period; and
WHEREAS, in conjunction with requirements for mitigation of 4.5 acres of wetlands lost
at Black Lakes, the VVCWD has participated with the Town of Vail and Trout Unlimited in a
stream habitat improvement program for Gore Creek and contributed ten thousand dollars
($10,000) to that program; and
WHEREAS, the VVCWD has proposed additional mitigation of wetland impacts with
measures that will restore approximately 6 acres of wetlands at Katsos Ranch and approximately
3 acres of riparian wetlands at other sites along Gore Creek within the Town of Vail to the benefit
of wildlife habitats, fisheries, water quality, and scenic and heritage values;
WHEREAS, the VVCWD understands that prior to initiating any construction activity, it
must provide documentation to the Town of Vail from the Federal Emergency Management
Agency (FEMA) that the proposed modifications to Gore Creek will not affect the 100 year flood
plain. If this determination cannot be made, the VVCWD must apply for a flood plain modification
according to Section 18.69.040 of the Town of Vail Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VA1L, COLORADO, that the Town Council approved the wetland mitigation sites as proposed by
the VVCWD and as approved by the Planning and Environmental Commission.
BE IT FURTHER RESOLVED, that the Town Council of the Town of Vail recognized that
the wetland areas restored under this mitigation plan will be fully protected under Section 404 of
the Clean Water Act (33 U.S.C. 1344).
INTRODUCED, READ, APPROVED AND ADOPTED this
January , 199 2 •
Marg
ATTEST:
Pamela A. Brandmeyer, Town Clerk
21st day of
ret A. Osterfoss, Mbjror
RESOLUTION NO. 25
SERIES 1991
•
A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL
TO PURCHASE, SELL, RESELL, TO OR FROM R.G. DICKINSON AND CO.;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council wishes to give certain employees of the Town trading,
authorization to deal with R.G. Dickinson and Co.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
1. Stephen Barwick, the Administrative Services Director or his successor, Steven
Thompson, the Controller or his successor, and Shelly Raemisch, the Assistant Controller or her
successor, are hereby authorized, for and on behalf of the Town of Vail, to purchase, sell, resell,
to or from R.G. Dickinson and Co. ("R.G. Dickinson") any and all forms of investment instruments,
allowed under the Town of Vail`s investment policy.
2. Any action taken by one of the above named employees of the Town shall be
deemed to be proper in connection with any transaction with R.G. Dickinson, and R.G. Dickinson
may deal with any and all of them as though it were dealing with the Town directly.
3. This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 17 day of
December 1991.
Margare A. Osterfoss, Mayor
ATTEST:
tbiLA
Pamela A. Brandmeyer, own Clerk
C:IRESOLU.25
RESOLUTION NO. 26
SERIES 1991
A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL
TO PURCHASE, SELL, RESELL, TO OR FROM KIRKPATRICK, PETTIS, SMITH, POLIAN,INC.;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council wishes to give certain employees of the Town trading
authorization to deal with Kirkpatrick, Pettis, Smith, Polian, Inc.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
1. Stephen Barwick, the Administrative Services Director or his successor, Steven
Thompson, the Controller or his successor, and Shelly Raemisch, the Assistant Controller or her
successor, are hereby authorized, for and on behalf of the Town of Vail, to purchase, sell, resell,
to or from Kirkpatrick, Pettis, Smith, Polian, Inc. ("KPSP") any and all forms of investment
instruments, allowed under the Town of Vail's investment policy.
2. Any action taken by one of the above named employees of the Town shall be
deemed to be proper in connection with any transaction with KPSP, and KPSP may deal with any
and all of them as though it were dealing with the Town directly.
3. This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 17 day of
December , 1991.
Ma'. aret A. Osterfoss, May
ATTEST:
Pamela A. Brandmeyer, Town Clerk
C:IRESOLU.26