Loading...
HomeMy WebLinkAbout1999-13 Granting a Franchise to Holy Cross Energy to Locate, Build, Install, Construct, Acquire, Purchase, Extend, Maintain, Repair, and Operate Into, Within, and Through the Town of Vail all Necessary and Convenient Facilities for Electrical Energy,i • TOWN OF VAIL ORDINANCE NO. l.3 Series of 1999 ~~ AN ORDINANCE OF THE TOWN OF VAIL, EAGLE COUNTY, COLORADO GRAN~I'ING A FRANCHISE TO HOLY CROSS ENERGY, ITS SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, INSTALL, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAIN'T'AIN, REPAIR AND OPERATE INTO, WITHIN AND THRO~JGH THE TOWN OF VAIL, ALL NECESSARY AND CONVENIENT FACILITIES FOR THE PURCHASE, GENERATION, TRANSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY, AND TO FURNISH, SELL AND DISTRIBU~1 ~; SAID ELECTRICAL ENERGY TO THE RESIDENTS OF THE TOWN OF VAIL FOR FIGHT, FEAT, POWER AND OTHER PURPOSES BY MEANS OF CONDUITS, CABLES, POLES AND WIRES STRUNG THEREON, OR OTHERWISE ON, OVER, UNDER, ALONG, ACROSS AND THROUGH ALL STREETS AND OTHER PUBLIC WAYS IN SAID TOWN OF VAIL, AND FIXING THE TERMS AND CONDITIONS THEREOF. QE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: ` TABLE OF CONTENTS sxORT TrrL1=; l.~ DFI~'INI'I'IONS 2. l 'hown 2.2 Company 2.3 Council 2.4 facilities 2.S Public Easements 2.6 .Private Easements 2.7 Residents ~.8 Revenues 2.9 Streets and Other Public Ways GREINT OP FRANCHISE 3.1 Grant of Right to Serve 3.2 Scope of Grant 3.3 Service to Town Facilities 3.4 Duration of Franchise SI'ICII~IC f~LEMENTS OF GRANT 4.1 Recreational Areas 4.2 'f`rees and Shrubs 4.3 Location of Company's Facilities 4.4 Restoration of Public and Private Improvements 4.S Use of Facilities 4.G Relocation of Overhead Facilities 4.7 Compliance with Town Requirements 4.8 Town Review of Construction. and Design 4,9 Capital Improvement Projacts 4.10 Maintenance of Facilities 4.11 'I,own Not Required to Advance Funds 4.12 Scheduled Interruptions 2 :~ i • RA1~T;S, RECtU1:.,ATIONS, UNIFORMITY OF SERVICE, AND UPGRADES 5.I burnishing Electrical Energy 5.2 Facility Upgrades 5.3 Reliable Supply of Electricity 5.4 Changes in Rates and Service 5.5 Maps and Regulations S.6 Subdivision Review S.7 C'ompliance with Laws i 15I? {)F COMPANY FACILITIES G. I Ilse oI' Poles by Town 1NDEMNIFICA`I'ION AND POLICE POWER 7.1 Town Held Harmless 7.2 Police Power Reserved !~ RANCI-I f SF~: T{'EE 8.1 Franchise Ia`ee 1I.2 Franchise Fee Payment in Lieu of Other fees R.3 Paymcnt 8.4 Revenue Audit 8.5 Correction of Underpayment/Overpayment 8.(~ Occupancy Tax Alternative 8.7 Payment of Expenses Incuzxed by Town in Relation to Ordinance R.8 'l~ermination of Franchise REPORTS 9. ] Reports 9.2 Change of Franchise Fee ~).3 Copies of Tariffs ADMINISTRATION 10.1 Amendments 10.2 Revocation of Privileges by Condeirrnation 10.3 Compliance Impaired 10.4 Company's Failure to Perform l ().5 Ownership of Facilities 10.b Transfer of Rights 10.7 Removal of Facilities 10. S Non-renewal of franchise; Alternative Electric Service 3 COPrIMtJN1TY ENHANCEMENT FUND ! 1.1 Purpose 11.2 Payments to the Fund 1 I.3 The Fund 11.4 Payrnents #rom the Fund 1 i,5 Audits 11,(~ Forfeiture of Enhancement Funds 1 1.7 Advances of Funds UNDERCxROUNDING 12.1 Town Policy 12.2 Customer's Request 12.3 Town Requested Undergrounding 12.4 1ZeCocation of Underground Facilities MI~C'.E,LLANEOUS l3.1 Changes in Utility Regulation 13.2 ~iLICCeS5or5 and ASSIgris 13.3 Representatives 13.4 Severability 13.5 Entire Agreement APPROVAL, 14.1 Towtr Approval 14.2 Company Approval ARTICLE 1 SHORT TITLE t , l This Ordinance shall be known and may be cited as the "Holy Cross Energy, Franchise Ordinance." ARTICLE 2 DEFINITIONS For the purpose aP this Ordinance, the following terms shall have the meaning given herein: ?.1 "Town" is the 'l,own of Vail, Fagle County, Colorado, the municipal corporation as is now constituted or as the same may be enlarged or expanded from time to time through annexation. 2.2 "Company" refers to Holy Cross Energy, a Colorado corporation, its successors and assigns. ?.3 "Council" refers to the legislative body of the Town, known as the Town Council of the Town of Vail, Colorado. 2.4 "l~'acilitics" refers to all overhead and underground electric facilities, buildings, and structures necessary to provide electricity into, within and through the Town of Vaii including, but not limited to, such essential apparatus, appliances, plants, systems, substations, works, transmission and distribution lines and structures, anchors, cabinets, cables, conduits, guy posts and guy wires, meters, rnicrawave and communication facilities, overhead and underground lines, pedestals, poles, regulators, sectionaliz_ers, switchgears, transformers, various pad mounted and pole mounted equipment, vaults, wires, and all other related electrical equipment required for the distribution, generation, maintenance, operation, purchase, and transmission of electrical energy. ?.S "Public Easements" refers to easements created and available for use by any public utility for its facilities. 2.G "Private lasements" refers to easements created and available only for use by the Company for its facilities, or by the Company and other selected users or utilities. 5 2.7 "Residents" refers to and includes all persons, businesses, industry, governmental agencies, and any othez• entity whatsoever, presently maintaining a residence, business, farm, ranch or other ent~l~,«se located within, in whole or in part, the boundaries of the Town. 2.8 "Revenues", unless otherwise specified, refers to and are the gross amounts of money that the Company receives from its customers within the Town from the sale of electrical energy for -any paz•ticular period of time. 2.9 "Streets and Other Public Ways" refers to streets, alleys, viaducts, bridges, roads, lanes and other public ways in the Town, subject to limitations stated herein. ARTICLE 3 GRANT OF FRANCHISE 3. I Grant oi' Riaht to Serve. Subject to the conditions, terms and provisions contained in this Franchise, the 'I"own of Vail hereby grants to the Company an exclusive right, privilege and authority to locate, build, install, construct, acquire, purchase, extend, maintain, repair and operate into, within and tl~rough all of the Town boundaries all necessary and convenient facilities for the purchase, generation, transmission, and distribution of electrical energy. Such grant is made together with the cxchzsive right and privilege to furnish, sell, and distribute said electrical energy to the Residents of tl~e ~T'own for light, heat, power and otkzer purposes. 3.2 Scone of Grant. Such grant includes the right and obligation to furnish electrical energy either overhead, on poles and wires, or underground, or otherwise, on, over, under, along, across and through any and all Streets and Other Public Ways, on, over, under, along, across and through any extension, connection with, or continuation of, the sazxze and/or on, over, under, along, across and through any and all such new Streets and Other Public Ways as nrzay be hereafter laid out, opened, locatcd, ar ecznstructed within the boundaries of Tawn. The Company is further granted the right, .~ rrivilege and authority to excavate in, occupy and use any and all Streets and Other Public Ways and Public Lasernents. Any such excavation, occupation and use must be in accordance with Town standards and regulations, and will be undertaken under the supervision of the properly constituted authority of the 'own for the purpose of bringing electrical energy into, within, and through the 'T'own and supplying electrical energy to the Residents. ~.3 Service to Town Facilities. "I'he Town hereby grants io the Company the exclusive right, privilege, and authority to provide street and security lighting to the Town, and to serve alI Town owned or operated structures, plants, equipment, or Town apparatus and Facilities, including the right, privilege, and authority to furnish, sell, and distribute electrical energy necessary for such. 3.~ Duration oi' Franchise. This Ordinance shall be in full force and effect from and after its passage as by law required anti the terms, conditions and covenants hereof shall remain in full force and effect for a period of twenty (20) years from and after such enactment. ARTICLE 4 SPECIFIC ELEMENTS OF GRANT 4.1 Recreational Elreas. The Company shall not have the right to locate, build, or construct facilities under, across, or through public parks or recreational areas, open space or other Town owned property located within the Town except as expressly set forth in this Franchise or upon prior written approval granted by the 'T'own Council. Said approval shall not be unreasonably withheld. 4.2 `Drees and Shrubs. `T'he Company shall have the right to trim or cut down such trees and shrubbery and to control the growth of the same by chemical means, machinery, or otherwise, only as may be reasonably necessary to protect its facilities and in a manner to minimize damage or interference to trees, shrubbery ~.ind other natural features according to custom and usage within the Industry. 7 • 4.3 Locatio» of Comnanv's Facilities. Wherever reasonable and practicable, the Company will endeavor to install its facilities within Public Easements. The Company shall locate its facilities within the 's`own so as to cause minimum interference with any of the Town's facilities or property, including without limitation water lines, sewer lines, storm drains, and the proper use of Streets and Other Public Ways, and so as to cause minimum interference with the rights or reasonable convenience of` prolaerty owners whose property adjoins any of the said Streets and Other Public Ways. 4.4 Restoration of Public and Private Improvements. Should it become necessary for the Company, in exercising its rights and performing its duties herewider, to interfere with any sidewalk, graveled or paved street, road, alley, water line, sewer line, storm dxain, or any other public or private inlproven~ent, the Company shall at its own expense and in a quality workmanlike manner, repair or cause to he repaired and restored to its original condition such sidewalk, graveled or paved street, road, alley, water line, sewer line, storm drain, or other public or private improvement after the installation of its facilities, provided, however, that upon failure of the Company to do such required repairs within a reasonable time and in a workmanlike manner, the Town may perform the required work and charge the Company for all reasonable costs thereof. 4.5 Llsc of Facilities. "I'he Company shall have the right to make such use of its facilities and other property owned by the Company, for uses other than the uses contemplated in this Franchise ()rdulancc, as it deems proper so long as such other uses do not interfere with its ability to supply electrical energy. 4.6 ltelocatian of Overhead Facilities. If at any time it shall be necessary to change the position of any overhead electrical facilities of the Company to permit the Town to lay, make or change street gravies, pavements, sewers, water mains, storm drains, or other Town works, such changes shall be glade by die Company at its awn expense, after reasonable notice from the Town. S 4.7 Compliance with Town Requirements. The Company shall comply with all Town requirements regarding curb and pavement cuts, excavating, digging and related construction, maintenance and operatianal activities. If requested by the Town, the Company shall submit copies of reports of annual and long-term planning for capital improvement prajects with descriptions of required street cuts, excavation, digging and related construction activities within thirty (30} days after issuance .of such request. 4.R Town Review of Construction and Design. Prior to construction of any significant facilities within the "1'ow~l, as determined jointly by the Company and Town, the Company shall furnish to the Town the plans for such proposed construction. Upon request, the Connpany shall assess and report on the impact of such proposed construction on the Town environment. Such plans and reports may be reviewed by the `l'awn to ascertain, inter alia, {1) that all applicable laws including building and zoning cedes, air and water pollution regulations are complied with, (2) that aesthetic and good planning principles have been given due consideration, and (3) that adverse impact on the environment has been minimized. 4.c) C:anital Improvement Praiects. The Company and the Town shall endeavor to inform one another of any capita[ improvement projects anticipated within the Town that may impact the facilities or operations of either party. 'I~ie party proposing such capital improvements shall inform the other party oi'the nature of such improvements within a reasonable time after plans for such improvements have beeax substantially formulated. Each party shall cooperate in the timely exchange of all necessary information, design data, drawings, and reports to properly assess and evaluate the potential i~i~pacts of said improvements. X1.1() Maintenance of l=acilities. The Company shall install, maintain, repair, replace, and upgrade its facilities to ensure. both the adequacy af, and quality of, electric service to the Town and all 9 • Residents. All excavation and construction work done by or under the authority of the Company shall be done in a timely and expeditious manner which minimizes the inconvenience to the Town and all Residents. 4.11 'I'owa Not Required to Advance Funds. Upon receipt from the Town of an authorization to proceed, and a promise to pay for construction, the Company shall extend its facilities to the Town for municipal uses therein ar for any municipal facility outside the boundaries of the Town and within the Company's certificated service area, without requiring the Town to advance funds prior to construction. 4.12 Scheduled hlterrut~tions, The Company shall, whenever possible, give notice, either oral or written, to the "['owes and its affected Residents, of planned service interruptions of significant duration. AR'T'ICLE 5 R~.'1"1/S, REGULATIONS, UNIFORMITY OF SERVICE, AND UPGRADES 5.1 l~urnishina Electrical Enerav. The Company shall furnish electrical energy within the boundaries of the "Town, and to the Residents thereof at Company's applicable and effective rates and under the terms and conditions set forth in the Rate Schedules, Standards for Service, Rules and Regulations, and Service Connection and Extension Policies, adopted by and on file with the Company, subject otaly to regulations thereof as is provided by law. The Company shall not, as to rates, charges, service, lacilities, rules, regulations or in any atlter respect, make or grant any preference or advantage to any resident, provided that nothing in this grant shall be taken to prohibit the establishment from time to time of a graduated scale of charges and classified rate schedules to which any customer coming within an established classification would be entitled. 5.2 l~acility ilnt'rades. The Company shall, from time to time, during the term of this Franchise make such improvements, enlargements and extensions of its facilities incorporating, when reasonable and 10 practTCal, technological advances within the indlzstry as the business of the Company and the growth of'the Town.justify, in accordance with its Standards for Service, Rules and Regulations, and Service Cannecttoti and Extension Policies for electric service currently in effect and on file with the Company, subject only to regulations thereof as is provided by state and federal law. 5. ~ lZelittble Supnly of Electricity. The Company shall take all reasonable and necessary steps to provide an adequate supply of electricity to its customers at the lowest reasonable cost consistent with tang-term reliable supplies. if the supply of electricity to its customers should be interrupted, the C"ompany shall take ail necessary and reasonable actions to restore such supply within the shortest practicable time. 5,4 Cl~an~es in Rates and Service. The Company, from time to time, may promulgate such rules, regulations, terms and conditions governing the conduct of its business, including the use of elcctrical energy and payment therefor, and the interference with, ar alteration of any of the Company's property upon the premises of its customers, as shall be necessary to ensure a continuous and uninterrupted service to each and all of its customers and the proper measurement thereof and payment therefor. 5.5 Mans and Regulations. The Company shall, submit copies of its Standards for Service, Service Connection and Extension Policies, Rules and Regulations, and maps of its facilities within the `l'own boundaries to the Town Clerk. All changes in such maps, Standards for Service, Rules and regulations, and policies, shall be submitted to the Town as the same may from time to time occur. S.h Subdivision Review. The Company shall analyze any subdivision plats or planned unit development plans subnziited to it by the Town and respond to any request by the Town far information regarding the adequacy of its facilities necessary to serve such proposed plat or plan and answer any other cll.testions posed to the Company by the Town regarding said plat or plan as are within the knowledge _~ • cif' the Company. The Company shall respond to said requests or questions within reasonable time limits set by the Town's Subdivision Regulations. 5.7 Cornnliance with Laws. The Company shall comply with all County, State or Federal laws, rules and regulations, ordinances or resolutions related to the subject matter hereof. ARTICLE 6 USE OF COMPANY FACILITIES 6.1 Use of- Poles by riyown. The Town shall have the right, without cost, to jointly use all poles and suitable overhead structures within Town for the purpose of stringing wires thereon for any reasonable Town authorized use; which use shall not include the distribution or transmission of electricity; 1}rovided, however, that the Company shall assume no liability, nor shall it be put to any additional expense, in connection therewith, and said use shall not interfere in any unreasonable manner with the Company's use of same, or the use thereof by the Company's permittees, licensees, or other existing users of such facilities. Use of facilities hereunder by the Town shall not apply to the cl'own's licensees, permittees and franchisees. The Company agrees to permit Town licensees, pc:rmittces and franchisees, except those holding an electric utility franchise or license from the 'Town, to use its facilities upon reasonable terms and conditions to be contractually agreed upon with the Company, in writing. ARTICLE 7 1NDEMNIFICATION AND POLICE POWER 7.1 'Town Held Harmless. The Company shall indemnify, defend and save the Town, its officers and employees, harmless from and against all liability or damage and all claims or demands whatsoever in nature arising out of the operations of the Company within the Town pursuant to this franchise, and the securing of, and the exercise by the Company of, the franchise rights granted in this iz r,rd~nance and shall pay all reasonable expenses arising therefrom. The Town shall provide prompt written notice to the Company of the pendency of any claim or action against the Tawn arising out of the exercise by the Company of its franchise rights. The Company shall be permitted, at its own expense, tc~ appear and defend or to assist in defense of such claim. In the event a claim or claims for injury or damage is brought against the Company, and such shall include a claim of responsi~iility against the Town, both parties shall defend the respective claim or claims brought against each, and each shall be responsible for its own attorney's fees during the pendency and continuation of any such action or proceeding. At the conclusion of the litigation or proceeding, whether by settlement, dismissal, order of court or administrative agency, or otherwise, if a determination is made that the '-Town is in no way responsible for the claim or claims, or that the Company is solely responsible, the Company shall promptly reimburse the Town for its reasonable attorneys fees and costs incurred in defending; stitch claim or claims. 7.2 Police Power Reserved. The right is hereby reserved to the Town to adopt from time to time, in <lddition to the provisions herein contained, such Ordinances as may be deemed necessary in the exercise of its police power, provided that such regulations shall be reasonable and not destructive of the rights herein granted, and not in conflict with the laws of the State of Colorado, or with orders of other authorities having jurisdiction in the premises. ARTICLE S FRANCHISE FEE 8.1 franchise Fee. In consideration for the grant of this Franchise, the Company shall pay to the Tawn a sum equal to three-percent (3%} of its gross Revenues collected from the sale of electricity within the boundaries of the Town. Electric revenues received from service to the Town facilities will not be assessed a 3% fee under this section nor will the Town be paid the 3°lo fee from such revenues ~3 ~ i +~ collected from Town facilities. To the extent required by law, the three percent {, /o) shall be surcharged to the Residents of the Town. Phis surcharge is in addition to any charges specified in the Company's tariffs and any applicable taxes. 8.2 Franchise Fee 1'avrrzent in Lieu of Other Fees. The Franchise Fee paid by the Company is accepted by the Town in lieu of any occupancy tax, license tax, permit charge, inspection fee, or similar tax on the privilege of doing business or in connection with the physical operation thereof but does not cxe:znpt the Company. froze any lawful taxation upon its property or any other tax not related to the Franchise or the physical operation thereof and does not exempt the Company from. payment of head taxes or other fees or taxes assessed generally upon business. R.3 Payment. 1'aynzent of the Franchise Fee shall be made by the Company to the Town on or before thirty (3Q) days after the end of each quarter of each calendar year for the preceding three (3) month period, but shall he adjusted and prorated for the portions of the calendar quarters at the beginning and at the end of this Franchise. AlI payments shall be made to the Town Clerk. ~.4 Revenue Audit. For the purpose of ascertaining or auditing the correct amount to be paid under the provisions of this Article, the Company shall file with the Tawn Clerk, or such other official as shall he designated by the Town from time to tinge, a statement, in such reasonable form as the Town may require, showing the total gross receipts received by the Company from the sale of electricity to lzcsidcnts withiza the boundaries of the Tawn for the preceding three {3) month period. The Tawn Clerk or any official appointed by the Town Council shall have access to the books of said Company f'or the purpose of confirming the quarterly gross revenues received from operations within said Town, 8.5 Correction of Underpavment/Qverpavment. Should either the Company or the Tawn discover either an underpayment or overpayment of the quarterly Franchise Fee, the party making such discovery 14 ;;hall inform the other party withizt a reasonable time. If the error is substantiated as an underpayment, the Company shall make payment of the deficiency within thirty (30) days of the date the errar was substantiated. If the error is substantiated as an overpayment, a credit equal to the overpayment will be applied to the next quarterly Franchise payment due the Town. 8.G Occunancv 'l'ax lllternative. In the event the said franchise fee levied herein should be declared invalid and/or shall be set aside by a Court of competent jurisdiction, then, and in such event, and in 1 icu thereo#; the Town may thereafter levy an occupancy tax upon the Company, not to exceed in any one calendar year three-percent (3%) of the gross Revenues collected within the Franchise Area for that calendar year. In the event the one-percent (1%} community enhancement fee shall also be declared invalid and/or shall be set aside by a Court of competent jurisdiction, then the occupancy tax levied upon the Company by the Town shall be four-percent (4°l0) instead of three-percent {3%). Such occupancy tax shall be adjusted for any Franchise Fees or enhancement fees previously paid to the 'I'owa in stic}z calendar year. In the event the Town shall enact such an occupancy tax, in lieu of tl~e Franchise Fee and/or enhancement fee levied hereunder, all of the remaining terms, conditions and provisions of this Urdinance shall remain in full force and effect for the period stated herein. Such occupancy tax ordinance or enactment shall be designed to meet all legal requirements to ensure that it is not construed as an income tax. Any alternative levy imposed by the Town shall only he valid if'such is surchargeable by the Company under the provisions of C.R.S. 40-3-106(4). 8,7 Pavment o#' I?xnenses Incurred by Tawn in Relation to Ordinance.. At the Town's option, the Compa~ry slialE pay in advance or reimburse tl~e Town for expenses incurred for publication of notices related to the enactment of this Franchise Ordinance and far photocopying of documents during the negotiations for, and processing of, this Franchise Ordinance. ~5 8.8 Termination of Franchise. if this Franchise is terminated by either the Company or the Town for wllatevc;r reason, or is declared null and void, all Franchise Fees or occupancy taxes levied herein shall be suspended as of the date the Franchise is legally terminated. Final payment of any Franchise I~ee or occupancy tax owed and due the Town shall be made on or before thirty (30) days after the date the l~raizchisc is legally terminated. ARTICLE 9 REPORTING AND CHANGE IN FRANCHISE FEE 9.1 Rcnorts. The Company shall submit reasonable and necessary reports containing, or based upon, information readily obtainable from the Company's books and records as the Town may request with respect to the operations of the Company under this Franchise, and shall, if requested, provide the "town with a list of real property within the Town which is owned by the Company. c~.2 Chanae of Franchise Pee. The Company shall, upon request froze the Town, notify the Town (`.ouncil of any changes in the Franchise Fee percentage made with other municipalities served by tl~c Company under a franchise within the State of Colorado. If the Town Council decides the Franchise Fee percentage hereunder shall be changed, it shall provide for such change by Ordinance; provided, however, that any change in the Franchise Fee percentage shall then be surcharged by the Company to the Residents of the Town. 9.3 Comes of 1'arif#'s. Upon request, the Company shall furnish the Town with copies of any tariffs currently in use. ARTICLE 10 ADMINISTRATION l ~.1 Amendments. At any time during the teen of this Franchise, the Town through its Town Council, or the Company, may propose amendments to this Franchise by giving thirty (30} days written notice ]6 ~ ~ to the other party of the proposed amendment{s) desired, and both parties thereafter, through their dcsignatecl representatives, shall within a reasonable time, negotiate in good faith in an effort to agree upon a mutually satisfactory amendment(s). No amendment{s} to this Franchise shall be effective until mutually agreed upon by the Town and the Company and until all public notice requirements pursuant to Colorado statutes, and ordinance requirements of the Tawn, have been met. _ This section shall not apply to Franchise Fee changes under Article 9. 10.2 Revocation of Privileges by Condemnation. In the event, at any time during the terns of this franchise, the Town shall condemn any of the facilities of the Company within the boundaries of the town, and thereby revoke all or any part of the privilege and authority herein granted to the Company to serve the Residents of the Town, then and in such event the Tawn shall pay to the Company just compensation far such rights and facilities by reason of such condemnation. i 03 Compliance Impaired. Both the Company and the Town recognize there may be circumstances whereby compliance with the provisions of this Franchise is impossible or is delayed because of circumstances beyond the Company's or Town's control. In those instances, the Company or Town shall use its best efforts to comply in a timely manner and to the extent possible. ] (1.4 Coznl7anv's }~ailure to Perform. It is agreed that in case of the failure of the Company to perform and carry out azzy of the stipulations, terms, conditions, and agreements herein set forth in any substantial particular, wherein such failure is within the Company's control and with respect to which redress is not otherwise herein provided, the Town, acting through its Town Council, may, after hearing, determine such substantial failure; and, thereupon, after notice given the Company of such failure, the Company may have a reasonable time, not less than ninety (90) days, unless otherwise agreed by parties, in which to remedy the conditions respecting which such notice shall have been given. After the expiration of such time and the failure to correct such conditions, the 17 .~ ~ • Town Council shall determine whether any or all rights and privileges granted the Company under this ordinance shall be forfeited and may declare this Franchise null and void. 10.5 Ownership of Facilities. All facilities used or placed by the Company within the boundaries of the Town shall be and remain the property of the Company. 1(}.G `['ransfer of Rights. The Company shall not transfer or assign any rights under this Franchise to a third party, excepting only corporate reorganizations of the Company not including a third party, unless the rI'own shall approve in writing such transfer or assignment. Approval of the transfer or assignment shall not be unreasonably withheld. 10.7 Removal of facilities. Upon the expiration of this Franchise, if thereafter the Company facilities shall nc~t he used for electric, telephone, or cable TV purposes for a period of twelve {12) successive -nonths, the Town shall have the option of having the Company remove such facilities or claim such facilities as its own. 1f the Town elects to have the Company remove the facilities, it shall give written notice to the Company directing it to remove such facilities, and the Cornpany shall remove tl--c same no later bran ninety (90) days after the date of such notice, unless the Company and the 't'own agree to a longer period within which removal shall occur. Any facilities, either undergraund or overhead, remaining after such time that are not expressly claimed by the Town shall be deemed to havo been abandoned. Any cast incurred by the Town in removing abandoned facilities, and any liability associated with facilities abandoned by the Company shall be the liability of the Company. l±cn• any facilities claimed by the Town, any liability associated with such facilities shall became the liability c~fthe Town. 10.8 Non-renewal of Franchise: Alternative Electric Service. If this Franchise is not xenewed, or if it is declared null and void, or the Company terminates any service provided for herein for any reason, atld the 'T'own has nat provided for alternative electric service to the Residents of the Town, the ~s ,~ ~Coznpany shall not remove its facilities and shall be obligated to continue electric service to the Residents until alternative electric service is pravided. The Company will not withhold any temporary services necessary to protect the public. ARTICLE lI COMMUNITY ENHANCEMENT FUND 1 1. l Purpose. `l'he Company is committed to programs designed to make a difference in people's lives and the communities in which they reside. The Company shall voluntarily make monetary resources Gvailable io the 1"own for such programs and/or activities. Programs for which such funds shall be spent shall be limited to: (1) Beautification projects; {2) Energy conservation projects; {3}Equipment and technology upgrades for schools; (A~) 5cholarslaip funds; {5) Ac,guisition of open space and/or park land aucl development thereof; {6) Sponsorship of special community events; {7) lJndergrounding of overhead electric and other utility lines. Funds made available under this Article nay be spent for other purposes only with the express written consent of the Company. This program has been initiated solely by the Company; the Town leas not made the program a reyuiremcnt for this Franchise. Funding for this program is not a cost of doing business but is a voluntary contribution by the Company. 1 1.2 Pavments to the Fund. "1'he Company shall make annual payments to the fund equal to one percent (l~%U) of~ its prior year's grass Revenues, commencing with 1999 revenues, collected from the sale of electricity within the boundaries of the Town. Said payments shall be made into the fund no later than February 15'" of the year subsequent to the year in which the grass Revenues are received by the {'oznpany. 19 1 l._s Tbe~ttnd. 7"he Fund established by the Company shall be maintained in a bank account in the Warne of the `l'own, but shall be maintained separately from all other funds and accounts held by the Town, 11.4 Pavrnents from the Fund. All payments from the fund shall be far projects described in Section f ] .1 I~ercof: Prior to any such expenditure, authorization to withdraw froze the fund shall b~. girren by resolution or ordinance duly enacted by the Town Council, and such resolution or ordinance shall clearly describe the nature and purpose of the project for which the expenditure is made. Prior to any cxpe~~diture, the 'T'own shall notify the Company of its intended use of the funds. Unless the Lo~npany objects, in writing, prior to such expenditure, the Company shall have waived its right to object if the funds are expended for the use identified in the notice. l 1.5 Audits. `I'lae 'Town may audit the Company's books related to gross Revenues collected within the "fawn at any reasonable time and with reasonable prior notice. The Company may audit the fund account, expenditures from the fund, and resolutions and ordinances authorizing such expenditures at any reasonable time and with reasonable prior notice. 1 l.6 Fcn•Fciture of Enhancement Funds. The Company shall have the express right to temporarily suspend or terminate in full its annual contributions to the Enhancement Fund if it is determined that funds allocated and paid to the Town are being, or have been, misappropriated, administered with bias or discrimination, or for other inappropriate actions. 1 l .7 ,Advances of Funds. Paragraph 11.7 applies only to funds identified for undergrounding of overhead electric lines discussed in Paragraph 11.1 above. The Town shall matte all reasonable attempts to plan and budget use of the Fund without advancement of future Funds. However, if the ~l'c~wn requests and the Company and the Town agree that tt is in the mutual interest of both, the C'aa~npGuiy shall anticipate Fund amounts to be available for up to three (3) years in advance. Bath 20 partite` shall enter into a speczal agreement c~erning the advanced k'unds. Any amounts advanced shall he credited against amounts to be expended in succeeding years until such advances are eliminated. ARTICL,F, i2 UNDERGROUNDING 1 ?.1 `I,own Policv. The Town has a policy that requires underground extension of new electrical distribution lines to new development within the Town. Amendments thereto will be furnished to the Company promptly after enactment by the Town. The Company shall extend its facilities in accordance with such policy and the subdivision regulations and other applicable ordinances of the rl'ow-~, but o-lly subject to the provisions of the Company's Line Extension Policy, Advice Letter Nu-~~her 8, dated April 30, 1976 (herein "Line Extension Policy") and in accordance with its Policy ~tatenlent, Co--version from Overhead to Underground Facilities, June 15, 1988 (herein "Undergrocu~d Conversion Policy}, as each may be amended from time to time, and other applicable Company rules and regulations, if any. ] ? .2 Customcr's Request. If a customer within the .Town should request that new facilities be installed underground, or for the conversion of existing overhead facilities to underground facilities, the Company sl~ail proceed in accordance with its Line Extension Policy and Linderground Conversion Policy. i 2.3 Town Requestcd iJnder~roundin~. Except for the Company's contributions to the Community Enhance-t~c-~t l; und, which may be used by the 'town to pay for the undergrounding of the (~'or-~pany's facilities, any request, requirement imposed by resolution or ordinance, or other com-~ZUnication fro-r- the Town to the Company, asking, or requiring the Company to underground 2t t~ew~'acilities nr existing overhead facilitie~or move, remove, or replace existing underground facilities, shall he responded to in accordance with the provisions of the Company's Line Extension Policy and i.lnderground Conversion Policy. The Town acknowledges receipt of a copy of both policies. 12.4 Relocatican of Undertround >~'acilities. Nothing hereinabove shall be construed to obligate the Company to pay for the removal and relocation of its facilities where such is at the request or demand oI~ a person, or a public or private entit}r under circumstances which require the party requesting or demanding such to pay for the relocation under other provisions hereof, or under the provisions of'the Company's Line Extension Policy or Underground Conversion Policy. ARTICLE 13 MISCELLANEOUS ] 3.1 Changes in Utility IZe~ulation. In the event new legislation materially affects the terms and conditions of this franchise Ordinance, the parties agree to renegotiate the affected terms and conditions in good #aith. The parties hereto acknowledge that regulatory and legislative changes in tllc electric utility, gas utility and other energy industries are currently being discussed nationwide and statewide; that some changes in utility industry sectors have already been implemented; and that other chatrges may be made in the future, during the term of this Franchise. One likely scenario is the implementation of open access to electric customers, and other energy customers, making such customers available to all utilities, thus eliminating or limiting territorial protections. Under this scenario one utility may contract to sell a type of energy to a customer, while another utility transports the energy to the customer far a fee charged to the other utility or the customer. "I'he parties agree, that insofar as future changes in the utility laws will allow, the Company shall ~rlways retain the right to bill customers far utility transportation services and energy sales within the 22 Taw~if it is tl~e provider of either the ener~product or the transpoz-tation of such duct. The parties agree that this will provide the most efficient and convenient utility service to the Residents of the 'T'own and provide assurance to the Town of franchise fee collection for each component charged for the sale anal delivery of energy products within the boundaries of the Town. 132 Successors and ~ssi~ns. The rights, privileges, franchises and obligations granted and contained.in this Ordinance slrall inure to the benefit of and be binding upon the Company, its successors and asszgns. ] 3.3 Rpresentatives. Both parties shall designate frorr~ time to time in writing representatives to act as li•anchise agents for the Company and the Tawn. Such will be the persons to whom notices shall be sent regarding any action to be taken under this Ordinance. Notice shall be in writing and forwarded by certified mail or hand delivery to the persons and addresses as hereinafter stated, unless the 17ersons and addresses are changed at the written request of either party. Until any such change shall hereafter be made, notices shall be sent to the Town Manager and to the Company's General Manager. Currently the addresses for each are as follows: I=or the "Town: Mr. Robert McLaurin Town of Vail 75 South Frontage Road Vail, Colorado $1657 l~or the Company: Mr. Kent Benham lIoly Cross Energy 1' O Drawer 2150 Glenwood Springs, COS 1602 13.E Severability. Should any one or amore provisions of this Franchise be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft provisions that will achieve the original intent of stricken provisions. 23 13.:~ En~fi'e Agreement. This Franchise constitu~the entire agreement of the parties. TI~'ere have been no representations made other than those contained in this Franchise. ARTICLE 14 APPROVAL ~ 4..1 Town flt~nroval. This grant of Franchise shall not become effective until approved by the Towi} in accordance with its ordinances and the statutes of the State of Colorado. I4.2 Con~nanv Annroval. The Company shall file with the Town Clerk its written acceptance of this Franchise and of all its terms and provisions within fifteen {15) business days after the final adoption of this l~raa~chise by the Town. The acceptance shall be in the form and content approved by the `Gown Attorney. If the Company shall fail to timely file its written acceptance as herein provided, this Franchise shall become null and void. INTRODCJCLD, RhAD, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR IvIEETING HELD AT THE TOWN OF VAIL, ON THE 4'~ DAY OF MAY, 1999, BY A VOTT ()I: IN FAVOR AND D AGAINST. Ludwig Ku~layor Pro-Tem A"TT'ES`1'. ~~ ~~ !k-~``-t ~ ~7 ,or~lei Donaldson, Town Clerk Publication Dates: APPROVED AS O FORM• ~ Town Attorney G . 24 FINAL ADOPTED, PASSED AND APPI~dED ON SECOND READING AFTL'IZ PUBLIC 1-TEARING ()N MAY 18, 1999. >~o~-- ~I;E~L ~~ y~ ~' -~, 7 f1v. _- ~~el i Donaldson, Town Clerk TOWN OF VAIL B ~~.~' ~~ Y~ Ludwig z, Mayor Pro-Tem Z5 Na~©~~ 7i' R ~~ ~ ~ i~ '~ -'~Q -3 ~ ro N ~~ Q tg ~ ~ Q ~ ~ ~ a Q ~ ~ Z ~ ~ Q d_ 1a ~~'~~ Q m 3 c~ ~ .~ Q `~, ~ Q ~~ 6 _~ . ~- :.~ a ``~• ~, ~, Y ~ C t ~~' .1+ p Q O N N ~' ~~ DD m ~ ~ S?. ~: ~. o ~ ~ ~ ~ ~ x ~ O ~ ~ ~ p 0 p ~ ~ ~ ~ ~ ~ ~?. ~ ~ Z m ~ l V~ ! Q Q V~ ~ U-'~ lRV1~ V~'i ~y ~~ Q,a ~ o ~ o Q tD Q. ~ .-` 4 ~. ~. ~ ~ CD ~ t3 (D cG ~p © Q N Q tb ~ fl L5 ~q ~m~ Q ~ ~ ~ ~ Q ~ `~ ~ ~ ~ ~ ~ ~ ~ ~ C% ~ 4'~ ~ Q ~ ~ ~ ~. ~ ~ Q o ~ m ~ t~ ~ ~- m +, Cj ro ~' sin" CAD {{~ ~ O ~ ~ ~ ~ ~ 4n O 1l- .+h ,,. ~~~~ N d ~i Q w~ ~m YoIG $~IW ~ V V 8.3 Payment _ tips under r { .,1 ~Ir ~d In 8.4 Revenue Audit.:.: 8.5 Cdrrecllen of. UnderpaYmentlOverpal+- reatfonal e owned pro hf, ~ 'y[® ~'Q!1 ment 8 @ p~upanoyrTax AltamatlVa - 8 7 PaymenE of Ex enses Incarted b Town: ea eixpress pnorwrilten p dl $a-d + ii !! 1PP~~ 1Q~e t~ ~ p y `Iri Relation to Ordinance _ $ l held, 1i r CQ:"'~~i.~yfe_, .7 'Yt1 1 YY 8.STermihatlonofEranchlse . _ ' 'IYeesF ttie right tc .REPORTS R shrubberryY - b lc l -. - ~ eports - S 1 8:2'Cftange of Franchise Fee-' N y R{rem a Iv ea may h f rt litl .. THE.BEST 9.3C6ples o fariffs ~ :ADfifIIVISTRATIgN s ad es a interference fe&tures:ec .TOR.WEBSIiE iD:t'Amendmertfe the lnduehy rBeaver Creek is : 1 D.2 Rec.......... of Prlvlteges by Condemns- LRaatio - QV@CO!@ COiY! tlon i0 3 Compllance'Irrrppaalrerd - - 'sF il P rt Com e o reasonable deiavnr'to tr m The all Dpve At 10.4 pany ur , e om!_- .t a i D:$ Ownership of Eaalitles anffi. within the Ti ss, w through puMir: parks'6r red- exl, the Company ate 'open space or other Town , reasonable aciWns to ~ located within the Town erxcapt the shorte'at pracddabl -t forth in this. Franchise or upon Changes !n Hater 8'oval granted by the Tbwn'Coun• l shall n t be nre ona l xtltr- try, from.tirrre tc 8ma i re ilatbns farina an b y . a o u as gt conduct of its btlalnes Shrubs. The.Campany: shall have . trkal energy and payr rr m. gr.cut down ouch-bees and to:contrd the growth' of the same h i th l d with or o ery ny's property upon the ah ll' .o nery, or_o env se, bn- s, rrffi r as be a reSOnabiy necessary. ro proteG ItB a manner m minkmlze damage 6r unlntenupted service tomera and the props tares, ahrubbeiy and othar.nattxal payment iherelor: Iing fo cuatoin and usage w1NtEn Maps and Regulr submit copies o! Ita.S I ltrerever Gompen5r'§ Fat~ilitles . Yi k;e Connecnpn, and pp yy ppaa f irsar t~s witl~inmRutilicwllF~ the R~ hourrdarles Q~47b-6268• - :. ,' iD:BTranefr3rofRtghts '- ence.with an ofa W 1 D 7 Reinovaf of Fadlfties ' Inc[udigg wittrouL - _ af Franchlae; Altema8v6' 10.8 fJon-renewal IinAS; storm drains - EEectrio Service - : " . and OtheF Public 4 - ,. mum interferedce COMMUNITY ENHANCEMENT FUND oonventehcaofpn a~~A~~R ~Da~ 11:1 Purpose - - atll9ins any of the 3k sldASetting On OVer' 1:1.2:Payments m the Fund- 11 3 The Fund ~ Ways. . Restoradon of ~ BBCfrOOm 1 tjOth. ~ - ~ . : ` 11.4 Payments Nom the Fund manta: Should it lip $235;000. 11.5'Audiffi parry, in exercislry . .IC MAtJAGElyIEIVT C0 11.D Forteltrire oi: Enhancement Funds, . duties hereunder, .. Phan Myers 11.7AQdanoas.of Funds ~ graveled or paved 926-1122 sewer line, alarm c .:: -- .- UNOERGROUNDtNG vetafniproyemenF, ,L t2.t ;TownPoiicy . _ ' -~ - ~ ~ axperrse and. in a 12.2 Custdmer's $epueaF ' repait orcause.to~. 12.3 Town Requested Undergrouniilrtg drlgrnal condltlon .. .' ,. _. - . ; _ 124 Relacatlonof.Un erground Fadhtles d ~ 'paved str eet~ ro~ .. - Tell Them You 5a1fV =- MISGELiANEOUS m stRrm. dr n, or rtie.M after the insa f .: 131`Changes in Ultllty Regulation ' ed, however,.that r Thee A~ yin t32 Successors and (Assigns do suchrraquired n _ e~ Th® Ti'pJI" 133 Rep ntatives 13 4 Severe ility: and:ina~workmanll mrm'tEie fequired-~ t~~~~N r ciate-It The II A Ir 13 5 entire Agreement for all reasonable c ~ of Fadllt ~ Ipt baftig crea#ed unaY~structedvlevvs e . eY ,~1. PP f! And So Wit~'We- ~: - APPROVAL .. Approval' 1A t'~Town -~ iherightlo make s er riyowned d@s, [ACIt sotrt#iern '~ ,. ` . • 14.2 CompararApproval er than the rues r at e pe of Tawn of - . , Ordinance; as it d ' ARTICLE i ` o81er uses do:nbt . SHOtiT TITLE ' ply elech9caterrerg This OrclnanCe Shalt be' linowrf.and mayy. be Relocatloh gf ~ Cited as the `'IfRIy Cros§ Energy, Frarrchlae Ordl- tlrrre:R shall be net nonce ' of any overhead el AFITtC:LER ~ f~y'm permit the' ~E[7PiITIONti ' - sheet,ggradBS, pav Fpr the purpose otihTs Ordinance, the tat- storm drains, or oU :lowing terms.s#rall bade tFie meraning grveh-here- shall be made by! in:- -.: periser after retaaaot 21 °Town" i$ the Towh of VaII;..Eagie Copri- C;ompllance.,v ry, Colorado'the munraipa! corporetlun as is rroiv Company shall. a constitutetl -or. as the same may be :enlargerd dr menffi=t gaiding. C d expanded front time tp time thro h a..: an - ss Ener 22 `C m an " r fers:lo H~'Cr lgying arYi vaFi[tg, ns as`arrxkf~operati Q o p y e gy, a Coloradd.'corporatlori; !ffi successors arrd es- n theTRwn,the.Corh signs ~ pbr1a aF annual altl 2 9 '+Coundt" raters to the legl5latlve body of improvement pro]r ~tionalizers~ stiritch- .pact ,mounted artd cults,. wires, and .elf . Went required for the rtenanse, operation; - d etectdcal energy::. . refera'to, easemarns - r'hy+anypublkiinllry.' . refers to'easements ruse liy tfre Cantpa- Corrrpeny arrd other .° end iridudes all per- ggovamntental agen' hat ever,. presenfilp ' naissrfarm, ranchbr itln, in whole or in , wit: Rthervrlse speRlfEed; ' " amounffi of money from itB customers s.af eteIXnoal erargy re.. - ublic Ways" refers m '- Idgers; roads, lames ' Fown;:sublact to ifm- 9 NCHiSE ' Sub]ect m Fhe.condi- a corrfainerd iii this `; lereby grams to the prlvlleegge'and author- ; isOtld;.acqulre put- . air and onE<rate tntri, - - 1own' ndaries all. . adfitles;for the put- Lori, and distribuNvh ; mt is made together pprivilege to. furnish, . •frtcal energy [o the Ih! heat power and ""~rT3Wrlt•$i`'+f~l~b~~` ~" s ~'* ~°" f~l"r~NrG9~;1ir11hHr'tltkty {3D),;dayS' 2 a atxlitie~ raters: to all overhead and ufi= aitgr issuarica of.3;uch request: detground:6lecirfcfacilitfe5 bulldiria5; andSkuC- ~ Towrr Review of CorffiUualiori~end-D~~lggn. titres necessary fo provkle' elecldcrry Into, w[8ilri'- ~ Pdor to construction of any significsht teclltlies ehd through .ttre Town of :Vail including, but not within the :Town,.: as determined ]glntly by the . Itmited ta;-such essentiaE apparatu's,:applrances; Comp~tt~~y and Tpwn, the Company obeli furnish plants, Sysietri5 sutlstatlons, works, frehsmisaion m the Tnv+n n the plans. for .such proposed .car- and dlsNlbutlon Treats :.ahd atructilres; anchors; sfruotion. -Uperrrequast; the:Camparry shall as- ~cabinsts, cables, condrilts, .guy posts and>guy sass and report on the Impact of such proposed wiles, rneters, microwave andd comitlunicadon fa- cwhstrucdon on :the:.Town emironrrieitt:. Such - r:rrsarau~driu avanarAe ru foriffifadltlles. 2.8 °PrWate. Easeme erec~tedd ~a~ruJ avarlablB On ny'fpr Ha ti'adlitiea, or by ~_ sBlested users.Or_ufilftie9 ' .9.7 ~RRAIfrRrllR°-fR{A rtaihtaining ages! other anterpdse . part the iroundar1 2.8 "Reveriui refers to>~and~.are - ,that the' CRmpan .. •within Nte'TOwn:h for.any paitlcular '_ SHORT TITLE ~ 2.8:"StreetsE ` 7.# ' - - streets, alleys, :v . and other pelblic a , ~ QU pEFINITIONS~ - ~ ~itations-stated her _ f , I[ MANAGER'. _ _ . 2a Town ~ a.2.cafrrparry r attAt 2 3 Coundl Grant of Rlgt Ttass Villa Q R~S9Pf 2 4 Eadlgieos ' ° . ~ 2.5 Pubfic Easements . _ lions ternrs ant Frantmise, tfie Ta n Ond ~gnferenee _ . 2.B.Prlvate Easements ~ Company an.exd s89kll1g q full #ime. ° 2~:Resldehts ny m Iocate,,buifQ Iles Mahpgsr fora ~ 2.6 Revenues:. ~ chase a fir h d o U.S. terrl#ory. SVRAs 2.8 Streets and OMr§r i uMic Ways - . wit in acr ; thr ng - a1126I~ropertles.in ,Villa 9 O erdiln g: P 9 - GRANTOFFRFyNCWISE'~ - - f S ne~cgssery and o chase ganeratlat f el at , . •XCeIIBn# calory Qnd - 31 Grant of -t[ght to erve 3.2:Scope bf Grant o c ener4 with the axdusix f0#81 OrrBSOrt 50185 ~' 3.3 Sr3lvice tO Tpwn FadAdee~ ` - sell; and. dishibul IC9 ]S fYtOrida#Ory1- 3.4 Duratlpn oi-Franchise Residents of tile., resume and solely - ' other purposes: . 97U 923-5~t~rfA##fl gPECIFIZi ELEMENTS QF GFIAIVT :.. r 4:TRecreationafAreas '- $S~p9 of GI'e and aWktatlon to ~omma; q[ rrldll #O. _ - 4.2 Trees and Shrubs - ~ 'overhead, on polg ~. BOX 55i5(i ~ A.$ Locatl0n of Goinpa+rt!'s FaGllipas ' otherwise; 4n, :q _ > Viitags,:CO 81151 ~ 4.4° Restoration of Publk:'and Private -Im- through Airy and - provement5 Ways on, ovar,-u 4.5 tJse of Fadlitias ~ - ,any extension, -0 4.8 Relocation of Overhead I'agllftles of, the seine a 4.7 C;ompliance:wilh Town Requ€remenffi across ariri.thrrius f " ' ~ 4.B; Triwn Ravlsw of CorrstiuCBgn ehd De " si -. and_Olh'er.Public out o ened l G - gn . 4.J.CaappiffiIimPwemenfPrd]eds - ; p , o boundaries of ;Ti TImE( OFIOng term TwQ, _ 4.10 ]uTalntenanoe of Fadlftlea ~ ~q:it~Town Not l3equtredmArtvance Furzds gianfed the rlgiit, .. ~vate rn, occupy a IpbiB: iii fhrAB bi3.cirOOm~ ' 4.12'SchedUled lnternlptians C)dier Public Way Ily fUlhlshed W/D 'FP, _ - ~ $uch exqadetion; N tllgi#al Cabl9; tY,ro RATE$ REGUI.,ATiONS, UNIFORMITY OF. aeoordarlce with t>G astral gri3af vieyrsl : ~ SERVICE, ANO UPORAtlES - Fumishing ~tectrlcal Energy 5 f dons, and.wilf foe prpps sign of ttle lila ls, 4115 2nci;: fC>afYl: 1 Sort no .: eta: P 1 /3' r~ttllf} 95 NO depdsltr ~ . 5.~.FscllfryUppggrades 5.9 Reliable Supply of Elacftlclty ` 5' 4 Cha irtRR t s d S r ' .. Townforthe.purp intp, wrthin.$nd tl g i [edrlCal ane 0.34Ad:` rtges a e an e vice . 5:5 Mapa and Reguiatfona r y e Ser'v+Ce'm Tc ~ . °:5.8 Subdivision Revtew' - ggrants.to ilia Car - - I e.ge .and -airmoril ~ _ _ Irghting to'the ToN or operratgd;efrr water ~perrly owners whose property . epond to airy sold Streets and Other Publk regarding the t0 serve sod Publls _artd .Private imprdve= any otlser qt :come necessary for the Com- tfra Town ttaegg lffi righffi and ~ ::. , ,:ng its the knovNetll o irrtertere-,with any sidewalk, shall rasportc street, Jaad; alley,-wafer lfrre, 'reasonable tl rein, or'any other publk or pd- slon Regutan the Company shall,at ns.own Campllai quality wprkmanl3ke manner, comply whh xe repaired and restpred to IEa rulers and rel such' sidewalk, graveled or related to the alley,- water Bne, sewer litre,' ter ppuubllc.br pprrl~~t~ Improve• allation of ns,{adllties; provld- USE Use of F Pon tenure of the Company to .. i l ~ the light, wHt ft t l e t nre pa rs within a reasonab to rrlanrieF .the Town may per' rock-and ofrargethaCOmpany a r e aver su purpose of e sonaWe Tbtiu 9stamereof. ~ not iridude~ ga. The ConrppaanrIyy shelf have electridttr; pr rdL use of Its fadlltles end otlr shaft assume tinplated In this Frencnlae sera use enml not s proper SQ Ioc~n1gg as sudt i h i bll' manner wnh ate t h th f b fare w t ts e dy to,sup- use t ereo e y sees, ar other,.ex dread FadiNiers. n at arty. ~ Uss of fadlidpa he ary to change Mrs position ca] fadlitl:3s f th Com s- apply to tile. 7btiv fren hlae $ 'Th o e p r-to lap rtleke.or change ' nte, sewers water matrra; cn dt f d a . e G Town Iloensees p cept tfwsg. ]wl(~inrtgg n ef th 7 ownwo ss au . anges Company at• its. awn ax-,. cans rom. e., reasonable feline r notice from the Town: tualfy agreed uppn. To+irvi Requiremema.' The ' y.wnh all TWam require- INI>EfNNIF1GAT and pa erN. rte; axes- ~ t@d r 8 t i m lnte c Town Hekf Ha demnN l nd a l on, - pi a : rt~ a 5 aaon~tiea. n requested byr y, ds e and empipyeae, h: / shalfeubmn copies of re- aMlily. or damage g-farm pp~Ianninngg for capEla! - with desixioUons of re- tivhateoever €n ntttu of the Comoanv w n the anvironmam has' beery mint- teed coed irovement Profac[s. The Company' of co shall. endeavor to Inform one an- a de rpi[al impprovement pro]ects antid- : i N fadll way h C a Town that may ye - mpact ins of eltl~er perry. The ~a~r i ls i to m a M t e ,shall bl apit t mproveme .s stea n I of the nature of such Improve e a ing a r reasonable Nine after plans tar 1 lento have bean substantially fare sh ll in h ~h racer I rery. a ogoperate e party t rfl necessary- i . ,::Son, design n at such and. reports to property assess Itta .pbtentlal impacts of sold Im- - In tFr such atruc i®®VIGE ANn fugPypklAO~s~ b~dl d~~r»Cexeimpt Qia~cdmppspr rleotd~tthe Residents. ~ epof a~ ~thar~BOt dnd d~oFas rrat~axarnp~t the rnlleabie and enectlve rates: and un- ' navmant of head taR9S ar Other fI svlaw. The Ca Tha, e~~ fees and oasts Inc Or dolma. Isae ro ensure aom me adequacy of, electric seMca to the Town and rn sxr ~ ::. ,: .. ~ AHTICI:.E e . All. ezcavatioa :and cddstructlon l-RANCHfSE FEE or urxierthe-authodty.of the Court 8:1 [=ranCfilBe Fee. in donsl ggrant of th18 Frandtf8e, the Camp tits Toxin a auNr equal tothr~e-pe gross r~ve~tres colledad Nom d nhr t dad f tl b n oun irictly w fre eS:o u revenues reCelJed',from aervlCe dlltlea will not to assessed a'39 section tear wNl the Ttrxrtt be paki sudt:revenuae aotltlctad from Tot ti _ the extent required by law, th sbe srucherged to'-the I This surgrarge Js !n'addltli t>S In tlfe Company's td pt a taxes. :. $.2 FratiCtlisp Fe9 Payment Ferea,. Tits ~rertchlse Foe pad( k Is accepted by ths:luwn fn,ifeu q1 ARTII:LE 5 _ a tart, nceltsg tax, permk ch. in doln ' .N Hiner talc a prlvllepa q F ~ 11n the slon Pdides adapted- by further Company sub~ectonlp to' r exca- rs .. J by litw. `The C~ its acrd 'rates, charges; Service, f: ' ed-that not _' hibil the e graduated eahedules ' an establis Facilii! time to tin make such tensions R sonable a w€thln Fh@ P Mons thereof as , ter, of eactt'calengar year tar tna y shelf not; as to (3) month pedal, but shall be a< 3, ryites;. ula-:. raledforttre'pgnlonsof:rfte:celei tka Rr ggra~airyy the beglndlrrg end 8t the sod of resfdenf, ptovld- NI payments obeli be made m the tie taken to pro- 8.4 Revenue Audit: For the re. m time of. a i8 ret t ~a d certaining .or audningg. the comae rovlslons of this l id undertha ss e • a. 3r coming within p pa oanv shall file with the Town Clel provements, emargemenrs ana ex- gross reoerpra recervaa me u fadlNies Incorporating,=when tea- sale of ele~ctrtcnyr fo Real ants wi practlaal, techngiogiral advances des of the Town for the prod airy-as the business of the Comps- month period. The Town Clerk R 7.'F~ V~-i[ 'T`~; / Mta,~r~ 7-1.3, ~~994 1 BrrOr «edn to #ie iriun_- '-- far. ImlheeveM,the 70i"vn shalt, xupanCy fit in iieU of the fran- ,', anhanr~merdfaeievled hereon, 3malning':terma .odnd€gons and r OrdinanEe shall ire In firlf for -the =tzeHad atatetE harem tax ord nanc8' or °gnactmeht.. i tb meet`ail legal requlremetfte . ' is npt bon`s"oued as: an Income foe tovy ]mposed by the Town _ n d-such is'surcRargeahle byy Me - - tire pravislorrs of C:R S 40.3- of Expenses Incurred by Town. rdinanee.:At the Towne ootlpn. urnmlw. -- - ~ ~ ~ - - --, bon of.Francitise. H_this Ftan- _ ~ Not, :con _ rd by eiCier the Company Cr the .: .the r reasdn,'or Is declared null and.. .Toe e Fees or ocduparfcy taxes lev' ' no-. re suspapded as gf•th@ date Me` •' pus Ily terminated FRial_paymeaq of _- ' tea e8 or vCCUp~nCy ta~c`owad and ft b d Bef e tFii i ' G r le e ma e on at or r y. . 1e date.the Franchise Is )egally o --fn11 ~p ~t ;11NQ AND ¢WANGE % . _ FRANCHISE FEE- - - Me e Company shat! submit reason- ~ : r rrt in or ba ed rt rr e ~ "t1;9 thoi y r A g,; s e po s p~ o n r~atllly-.oiitpinabl9 -from the- -en i s acrd retards as the Tawn may Toa pact -tu rife 'ope[ailons .of . Me. -efts thls.FranOhise, and shall k re= the Town'vikh a Ifet of rsa~'pp~op- the. Ptic - iMn which IS owned by the Cpm- Cor : ~ :.less =rerrchise Fee: The Cvmoanv -: sucl to Me year ed b5r the C he Fund: lraa w §ari alYPa-or arler ru. a cuslwr,nr wlmn ' another utility transports a :energy to the-cue r or the th olit t r f a f ch d t thB , rnvrcar v_n ~}lrlrii -,nvq . - - - 8 fCi abet igia varlande from 3ecdon 12- albw 8f]~ of th~ow oi Vail Munici al Code to v+r cnr~,o&!na vrvi town ad a °bLy-down progrem as t h i a ti hi h e bl . oure or ee arge . o o e p y cristdmer.The parties agree; Mat fnsbfar as ftdura p . - n_ for an -eiiCroaChmam -into the- required- side set- ous ng c on w c na es Individual untt purchase and PI changes in the uiillty'laws will allow, rife Comps- backs.toated of 30IXi Belktower.DrHeiLot !!, tabtieh deed reslricied attordt right tg I>ili customers ny shall always retain the Blade t3 Vall lritsrrnourrtalri, ° = - bwer cast Clan new conslruc - ' . for ufilttv-trarlsporla5on ser'VIdg6. prttf energy sales i f f - -Appkcern: RAr Gulflermp Hueria ' Pfl G o R k deed restdciad housing Mrougl ' ' within e~Town k it is N!a pro rk er.o either the _ rgs , - anngr: ~ it ter _ - - ty; and energy= product 'or the transportetibri 'of :such - WITHDRAWN - -.- ' WHEREAS, Me Town has product. The parties brae that this will.- provide 9 lnfprmaMon Updatg ' - . kx;ated at x093 5pruoa Way In - the most efficient and convenient ptitrly sarvla.to . -:_ .iQ: Approval fit pol 28, i999 minutes. Unk 30 In Me Vail Eest Lodge the Residents of the.TOwn and. prpvlde assur . _. The eppliatrons and inform8tlon°ataoW tire. . um);antl arra- W the-Town' of:[rancfiise.fee coll8clion far proposals are. avallablB for pudic Inspection dur- WHEREAS, this link-ia et ` eac(r:compor!@ht:charged_forfhe sale-and dellv~. @ mg regular office hours In the proJact planner's of- l D of first refusal held. by other ' hin Me ~taundanea of_ ery: of: energy. prodpCtg w th T - ~ - ~ ry fits located at.ttre lbws of .Nall Ctimmun e- . nta velopmeM fie 75 Smith Fr rtrrien( e Road . ownere In the prolact; ettd f V AS C T :LE 11 ANCfMENT FUNb" e own, Successors and;ASSlgns. The rights; prlvr _ loges 'franchises' and obligations ranted and pa , o g . _ S~grc latguage,.lmerpretation.avallable upon re- . est with 24 hear nptlffcaHOn Please call a79- qqu WWERE ie own o ate addttlonal deed restdcted i = h the Cpmmunil will subskflzE . arty I§ committed to ro- g , . shat! inure"to the oontelned in this Ordinanve . . ~ for-In- the Wearing lmpaired 2356 "Tefephbria for y, ualt~ dC t I dl lduals whc p t ~ a drNerence in:peopie's,. ' : . , benefit of-and be blridirig upon-the Company, its ' .- . , - , : formaHan:. p e o n v q of the property as dead feed es In which they resrda: successors and asslgna. ~ - - TOWN OF NAIL owning no oMer real estate In uratadty make monetary, - Reprasentadves,--Bdih parties shall desig- DEPARTMENT OF Ilzing the residence as art of Me.7own for?such pro- ~ irrwrifin 're reseiitativea hate from Hme to ti m l ~m d ~ COMMUNITY DEVELOPMENT The i Trel3 Published I mery home working in Eagle I k IPb~e Ilmlted t y (1 'Beau inrgY cpnservatbn prof- '- f ' a g ' Wlfr be that ps n whom no the Town, : ~ Such bees shall be sem regerding any action td 6C iak- _ h I dt ll b d i O dl I tl ~ y earn aridpplenuto ~dOrrtlrlu9 M sunount until the sale of the pro } to not upgrades or ~ p e n w en un er ib s r na_nce. o ce-a and ~r7~ae is a }e•sele cap o f -funds; ( Acqulsitbh of )ng and forwardetl by certified mail or hand deliv-- - annual appredatlon; and land and davelopmem . i ,'ery to the parsoha end addresses as hereinafter' l h s d dd e ' o WH~ERREAB, the Town Gou ty i of spedal. commun Iingg of"overhead `electric - mds made available un- s .are un ess. t e pers n an a ress -gtalad, oilanged at.the.writtan reeqqueso- of efltrer party Umll any such change shall.Fiereaftar-be made M e d d Me i Pltbl~C NO#~Ce make the unit available at felt n Man the subaklized purpfreae re-eels reatricnons, and tltereb rpeM fur other purposes - Town anag r an to - nptices sha he aenr to C -G l M e C l >h AGENDA -' of first refusal under the.t@rma ' kericOnaentotlhe_Com• the oriipany's enera anag r. urrent y a - - um declarattons so,.ihat~ nyc . been initiated.solely by i h - -h d addresses for each areas follows: F M T LOCAL LICENSING /IUTFiORITY 19991Reetlhg Mery`17 : ~ purchase the unit without the d nt liH C e t e pro- as r ot ma thls,Fraiichise.'- Funtling - - or, e own: ~ Mr: Reber! McLaurin , - - ,. s ~1fl:00 a.m. - e er ue a ona. N~W, THEREFORE, tie r cost of doing- b~iness - a11on by the.Company. - - Town of Vait ' ~ 7&SouM F~...,, a Road ~ - - o 8 - - -1- PUBLIC HEARING -.Corrstderation of the of a ModkfcaUon of Premises for VIP Authority -Town Ooundl'of lh9 Town Of Va 1. A tyro-tiBred sYStBm be. rid.. Thhe Company shall t h T d e l Vefi; C lorado 657 y LTD D R -ING -dba carton's Saloon a Hotel for sale llnlt9®; Vs{fl Ea9t LLpp~d{ f M kl bl h h o t e un qua to one year's gross revenues, ~ For ttre Company: . , , 'and Restaurant license at, the ioCatbn of 143 e,ppft~aro e Un a e t aee o fled-,for tired iieaMctad allordl 'ev8nu85, COltecied-from - ~ Mr. Kent Benham - - - ~ ~ . -East Meadow Drive, Vall, Colorado.- Represerrt- pfardta9er not mseHng Ihose n sin the boundaries of Me , Holy Cross_Ener9y ~ ed Dave Garton f th ~ PUBLIC HEAftiA[G C ida tb market va4ie.- '- all be made into ihefurid " P.O. Drawer 2160 • - ans ra n o e It ~ : 2, The tern-s~arld Coed 15th of the year slides- -~ the gross revenues are- . ' Glenwood Springs, CO 81602 - Authority of a Special Events Parmlt far Ma Valt Vallev ourfsm-and Convention Buroau to host 6 ] sBll Mls property shall he`BU the Town Manager and Ttrwn A7 ' h 13.4 Severabliiry: Should any' one or. mare s i the $outhweat, Chili- Fast at. Nall VI11aa9ge, Goya TidcBt Office Area ' Creek Promenade Mli! Creek 3. This resolridon shall to ed by, the .. anti estabi€s ained`in a bank account- provisbn rof th s Franchise be del8rmined to be - 'ilieval:vr unenforceable, al! other`pravlaforia rrev- , , , Wiliow Bridge Road, Gore Creek Drive .and a[ety uppoon Its passage. INTRODUCED, READ, 1 'but sFiatl b8 maintained . erM~l~ps shall remain affective; provide d, howev Brid a Street, Vafi, Colorado on S aturday, June ADOPTED this 4th day of Mey, funds end accounts heid ggg l i ~ tla a u t pp n m nd f3111~Brlc T the Vall nt d~byfN K ~ d liq ance to prooeed w ih tl negotia lts and e cy se e a a a a o _ 'ilh@.r All ppayrtiarits frdm - de ib d i $ lf draft provrsions-that w111. achteve the orriiglna[ In rdvlsl n t t f Mok : Va_IIayTourisntand.ConvStnCon Buregu. '. , -= 9 Constderatbn oFilte Authorlt5r ofree&nt ra- , seta scr e ee on _ n iy such.:eicpentitture, au- en o s eri p o s. i3.$1=Yitire Agreement. Thi$ Franchise con ' '' , ~ i ti I i dl C d Flo l Ri 1 S . omiheJund shall be rv- once: duty enectetl by the sMUtes the erdirB agreement of M8 e5 There have been no repres8ntatlrins made~othar 1, copp a r c.. oa. ampo a; r r - torante - Repr'ASeMed by EllzabaM GlerdanE. 4 ~ BLIC HFi1 RIf fG = C kl b f M Published ]n The Vi reso]ut[on or grdlnance than MOSe contained in thlsFranchlse. : f U 4 ~ one eret n o . e ' on May 7,196 a nahrra'and'purprase of ARTECLE 7a - AuMarl[y of g SHOW CAUSE HEARING FOR - _ e , ndifure. Is ;made. _ the sown shall notify fhe APPROVRL- Tpwn Approvel..This grant of Franchise shalt St1SPENSiON OR REVOCAT[ON of.a Hotel and Restaurant: LfoenaB held by Lamb, inc. dba MI• _ - i use of the funds. -Un- hot become eifecGve until approved by the Tawn chaela Asnetiican Blatie:at;t7re location of 12 ~;. In wrkfrg, prior, td in accordance with its oruinances ant! the slat- 56uth Frontage'i`load, Vail, Colorado -' Repro- ti Mbh l Di h . - Companyy shall .hays Me i,~ ds are Bxperxt- ;f liras of the StatAe~pf Colorado:- otMl ~ wn cP pi tt w i n ~ n : tc ; Cwner. ssn ae sd by y othar'matters the AuMority wlahes to . disr $r s Publ iC NQ M ,ay audk the-Company s wlm t ha o e t s r tte abap ta ce s Franchise-and of dll.ils farms arxf provisionswith- x . s B. Next regular meeting of the Vali Local U-. i A M t ill e Wednesda June 9 ' PUBLIC NOTICE IS FIEF 1ha Town Council Of the Town < avenues collscied within able.time and :with tea- he C~r~l~(ty r~ ng u on y w b y , In Hkeen (1$) business days after the final adOp• ans tionoi thl :Fral~dilsq:kry th8 Town:--Thea ~aooept 1988. - TOWN OF NAIL .~~ s~iEtaJ ntent ,_ ?b~8 appllaHons for three (3) posidi . -the iown ot VeII.Local Ckenair ~ , ~ ~ "h' I nd~tures from e u - by~tls~'T n A rriey.` If C r~p'Ei°ny~s-all fart ~ `'-LQERL-LIG1=NSfNGALFfHOR1TY- _ - ~; aflfe'~bmNielis=iNthstl nances authorizing such [o timeliyy fife its written acosptanCe a5 herein pro Lorelei Donaldson . lied ekectars of ttla Town of Vzj isonabla Hlrie end w1M . vided, tills Franchise shall become null and void Secretary [q the Authority - ed in the Town Of Vall for not k ` ~ `INTRODUCED; READ;, AND ORDERED ~ " - Published ip The Vail Troll - ~ - oreceding appofntmeM, and $f nCeittent~ Funds -The PUBLISHED BY THE TOWN COUNCIL OF THE - on May 7, 198$ _ ~ ilnancial Imerest Irl any~lfasns exprasa rtgh[ to tempo- _ TOWN :OF VAfI„ COLOR(iDO, l1PON A MO .. ~ bev8rages or .any kscatlan he train ful( its annuefcon- TfON pl1LY:MADE',`8~~v~xuED AND: PASSED - , tense. ~ . Imant Fund n`if is deter- AT. ITS; FIEGULAR ,MEETING°HELD A7 •THE ' - sd and paid tothe-TOwn - ,TOWN_.OF VAI! ON THE 4tti `DAY :OF MAY, - - ~ i misappropriated, admin• -_ inii aH f ~oM r I - .1999. BY, A -VOTE' OF IN FAVOR :AND AGAINST - , I n on ar o e _ n fl• k h h - , TOWN QF.VAiL L d i K ~ r .. Public Notice ' 9 ~~ Tfte Taw _e ma e- a ~ plan and Gadget use of u w g urz . . _ Mayor Pro-Tam - ~ ~ . . Ng7~CE~IS HEREBY GIVEN that Me'Pian- I cement of future Funtls:. _ luests_and the, Company ' ~ - ATTEST: -l.orstai Donaldson, T n Cl k , nirlg and Erwironmental COmmlaslon of the Town ~ Vail. will. hold a public heating In accordance r ~ i It Is.ln the muwel Ilnter- iy; shall anHsipate Fund for up to three'(3) years. - ow er P.ubf€shed in Thi: Va€I Trarl - on May 7, 1999 .- yykh Fpction.12.9.8 of the Munldpal Code of the Town of Vail on MSy 24, il199 et 2:OD p.m;-In the Town of Vail Municipal Building.. In conslderetlon t enter into a spB- s'shall : of;. - I t Me advaneed'Funds. - : shall hB creditail, against In sutxx3edingyeare, 4n- nineted _ ~ A request for a conydeitieortal use permit to al- - ~ N1 ~ g H a u g n ~ I I . •EE'12 . - - OUNDiNG --. - ' - ' ~ - _ publlC NQtICe Val aE 536 S rl III L na/Lot 14 Bla ck 3 a 1- p ley First.Filing. ~ ~ A plloanf: Wiley Femify Partnership - _ , The Town has; a policy .. -. PPannee Alison i'~dre ' d_axtenslon of new also ~ 'PLANNING. AND haw develo _ eifbwithln pm thereto wflE ti9 famished ENVIRONMENTAL COMMISS[ON PUBLIC MEETIi1G $CHEDUi:S A request for a minor subtlivislon to Parcel F, ghat patch, to °ellow for a dtange !p Me platted' _' Published inTtfe Vs on April 23, 30 end Me y after enactment bythe ~sll extend Itsfacilklas in - IttONDAY, MAY 10,1999- -- ,AGENDA buildingg enysfoppae kx:ated at 199$,13trffher creak RoadlParcel F,' Bdat Patch.. ' _ Nlccyy and the spbAiirtston pplicable ordinances of Public Hearing .. A pllcant: WebAtxrell: Paanner: Brent NArson' H to the provisions of the ~ 019761(dy Advlve Letter (harem "tine Ex- Town CounciE Chambers 2.9D p°m. 1 A request for :a tlnal rav[ew of an amend meat m Spacial Development-District No. 4 ~C__as - - ~ ~~ p rerjuest fora final review ni a prpposad locker rcom expanalOn to Me I?obson Ice Arens Public Na T} a Wol C ros9 Ran er DI xaordance with Its.PO[ICy- rorn Overhead tp UndQr..- 5 1988 (herein °Under- cede Vnfa~e) reuisi the Glen Lyon Office Burkfing = arts _ (Area. D~ beefed ..at 1000 Soulti an Lyon Sutitilvl- Frontage' Road CN85tiLoi 54 GI bated at 321 East Elonaheatl ClrclelLot 1 Block 1, yell Lionshead 2nd RIIng. g r Y Rhrer fQailonai,FOrest ~e eYaluat Me Cidea,Ot.Caldrado $PFinf1ggs 1 , icy)1 .a& each,- may be rte, and other eppllceble , _ sion- ~. - Appilant Glen L on Office Building Rattner-- u A pliant: Veil Recreation Distrld P annar: Geo f+ Rtdhar ~. - ~ . sinter an oi>servadan dad[ 1 Road: The location'of the d9p NE 1i4]} one rf1118 Sectlan 27 labons, k arty: equest. df -a customer e ueat that new fecilill s rt Segertlerg ship represented by K Planner: Dominic Meurielio ~ 2: A'r~quest for a work session to discuss a A request for a variance froth Sacdon 12~D• g tp allow for a baikfl anCroaehmanY into a rear , Park Gamppppround' 7FIIs is Hta I to the envlronmetrtsl anatysla. I q e odor the CoitverslCn Cf condidonaiuse permit to allow for the Yell Moun-. setback located at A osa:DAveAAt S, Block "^" S D Veil Ridge - ~ - fnformaCOn, opntect Aarpn Oro ~ 3s tea _:~ , . md~facfill• - tafo Soho01'to' construct a temporary desaroom ~ , . Apppliant: Townof Vail 5715. Comments on Cta propi end aboard tie seat to Aaron prOcesd in aceerdanoe Polley and Underground on the flits Af the scltadl for aten-month period, located aE3fH0~Katstis.Ranch RoadiPart of Lot, Planner:AlllsonOdls . 19D, Mintum, Golarado 818461 rd Untlergrouhding, ' Ex- 12 Bl06k 2, Van Vin~1s'12th_ Fllung, Appgcem Yan lulountaln Sdwol represented - A. request for a Hnal review Of a proposal t0 -amend the-Town's "PUblb ACWmmodatksn° Tone 4, 1999. published in Tfie V1 on MaY 7 199 xrntnbutfons t0 the Com nd, which rrrey'he used : b]r Pam Hopkins . Planner:.t3earge Ruihai - `.. Oishict, Gltapter 7and-amendments to Chapter 15 Gross Residential F~oor Area (GRFA), Town ' , le. ugdergrOprtcll,n~q of the ry_i~quest; raquire»ient 3: A request for a.verlerlce frdm Section 12- OC-6'to allow-for-the cOnstrut:Cbn of a garage ofVaflMUniCipatCOda. Applicant: Johannes Faessler represented _ or.. ordinance, -or, other vlktr a frprri senoack aril Section-12.1[7.8 to atbw-. ~ $ 7oivn to [tie Company for the conawdbn of an undereizect garage lo- ' p ~~ O:eorge RtrMer ' :ompapy to underground - -dated at 5125 Blade -Bear LarielWt 11 Block 2 l n G O eetf 6 bd3vi - Public Nc i -overhead fadikiea vi - ~ exlstlna-underground- : pre r u s o pliant: Nbrslgomery (Mike).Mathias _ Atli h ' i i O ' n request for a final revkiw to dlar~a96 a con- ditlonal use permit to allow for lira Veil Mountain The Hoty Cross Ranger DI tied to In aCCOrdanee , Comppaanys Llne. Exton- , ne ssgqn h ler : c s - T/[6GEly UNTfL tYlAY24,1999 SdgCl to ,COnstruef a terriporary desaroom on . the alts of the school for aten-morrltr period b- Rtver National Forest I's evalua Pardon Gukfas to reissue th ourid.Conversloh. Policy, s .receipt- of e,.copy of 4. A ~~stafo~reg-Yeriance hour-5ectlon 12= ~ CodB ~ ~ wfor Ire ooveragefin excess of ~ , Cared at 31ftfl Katsds Rerrclt.RoadlPart of Lot 12, Block 2; Vail Vi)fs~e.121tt FliEng. use pertrtk for oudkHng arld 1 Inltlaf scoping prldr:to thtf enVln Undergrottnd,: FateilCes, 2f7°b;and a varlerbe from t3ecnoh i2.6D-S~(FrOnt ' ` by Pam Wo~pltEns . f Ntpurdain School ,,,..-;.~,,.,.~,. ~ H yoil need-furtliar IniOimatlon; rage or Bll1 Mulholland et (970) III fie cgnstrued to obli- r far the remaval:and re- - Setbacks) of thb TOwn of lraif Municpal Coda to allow for an eneroachrhent intp the from setback Planner: G@orga Ruthar _ , Comments on the p~oppaaett~ should tie sent to AergA'Ori6r t¢ ~'expentlitures at any reasoriabia prrC[ nohor - ' FCrfeilure of. ;fn -Company shall have t rally suspend or term triliutioris io the Enhar mined that funds alioc are being, ar ti8ve bee istered wlth,bias or die apprapglete ~ctions.- Advance~ of Fund all rea'soneble attempt the Furrd wnhqut. _ v~ ~HOwever,.k Me Town i and the'fown agree tf es! of 6otti, the Coml pmbunts tp be.aVailah in advance; Bofh per 'dal, agreemeht opncei _Arry amounta.ad-vanes amounts tb be expend td sUCh'advdnr~5 AR1 UNaElil 12 i Town Pglicy chat requires undergro trlcai distribution lines the Town. Anfendiner ro the Company prom, Tpwh: The Compsrry aocordance'with such ragulativris and other fire Town, but only sub Comppaanys Lrne'Extel Nutnbar $ dated Apr1I ~8he~ron Pblicy') and in Statement Comerslor gl0ynd Faddhes,.JUrit ground Convereiori F amended from time-ro Company mlea and.re! 12 2, Customer's witttln Ma Town shUUk 6e' inatalied°uridet#iou satiating overhead foci Has, the Comppany sh with its' Lins EXtanslo Cdnvereloh Pollecyy . 123 Town risque eept for lhe•Cbmpa[[ryry ; munily ~ Enhandeppmayyerrt C~,Ompahj~gn faciliHesor imposed by . resolutlo com~un(ca#loti-hem t asking- br requiring tl1t new tioiRbes or exlsf move, remove, or ref facilities, shall be re; focaHdn o1-.ifs faQilifies where such. is at.Cte re-, quest or demand of a person,,or a' pUblic.or'pri• va[e'enHty under cfrcufnetanoes which require th8 • party requeatirg or demandlhg such: to pay for the reklcaHon fender otherprovlslons.hBreof, or under thB ~ rovisfons of'the Com an 's Llne Ex- cn a Primaryi'SecondaryReskienliaJ.zoned lot lo- ated.at 362 lupll-Creek Clrctell.dt 9, Bbdk.1; Vail VIII:1ge_FlrstFifing - ,- ~~ - - - A6caM. al{or:-Forbes represented-'by GwaMmelfiPrettArchkacla ~ ,. .Planner Allison Ochs The,apptlcaHons and irdonnatign atiorat the Mlnturn, Cpldratl0 81846 'no roposals are 8vaileble farpubkic Inapeodon dur-. 1999. ' Png regular piflcB hortrs fn;the project planner's o!-. published in The N tine looted-e! !ha Tawn:oi Vail Comm~n{ry De= on Mey.7,199 ve[opmentpepartment, 75 SorNt Frontage Road..- tgnsion Polr _ or Uride rouaf(I CAnverslon' Poll-~ ~ ~ TABkEA l)t~fTIL MqY 24,1!198 Srgn Ian wage Interpraiation avatlatNa upon re- a p t ~ acIIIHAS: -upon life explratlotr of . cy'; : . ARTICif5:13 ~ ' 5 A'request for a [that teview;of a proposed - X58 Tpf net e ior #lie He arlrlgPm Ired, fpr~n-l'~ ldCker toter: expdnstof7,-id trig Dobson Ica, Arena 9nrrnaticn '~ Li i f dCi lelL i 61 ck d Ea ' 8leraafterHre company facllkles - 'e MISCELLANEOUS - i ' st, te~ rc at a IoaTe at;321 ot s ~ 1 Vail 61ons sad 2nd Filt . ~ayvN OF NAIL - ' able for electri6, kNephOhe, or of twelve ((1z) suCCes- - a nod :. Cher ges in -Utility Regul_adon !n the event new leglslat3on matedally affects Me .terms and t , h - Applicant Vail psdieaion Dfstriat ' : : DEPARTMENT OF .COMMUNITY pEVELOPMENT . Town shall fadve Me'o tloo of P ' _ conditions of. this'Franehise Ordfnaitbe, Mil par.- ff i d t e o e s . Planner; Qeoo rtr~ge R1atiler • ' TABLEp UNTIL MAY 2a i999 " ` published In The Pail Trail ' party remoge such fad wes. or. ss as its own.: It MB-Town eteots r fibs aaggr renegotiate M erm Ar e t a ecte d .. conditions in gopil. faith:.The: parties fiefeto' act , B.~A reyrfesf for a variance fram'Section 12- -' - . on Mey 7,1999 - 'H~' VAi[~.'Ti~a~ / M:~x 7ti1319~9 - acoiNruturTr