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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